Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 95-2003(a), which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.

Signs prohibited near interstate even if primary roads intervene.

- This clear legislative proscription cannot be thwarted by the mere fact that other roads, even "primary roads," intervene between the sign and the interstate highway. Turner Communications Corp. v. Georgia Dep't of Transp., 139 Ga. App. 436, 228 S.E.2d 399 (1976).

State's police power to zone against future use without compensation.

- Police power of the state to zone property to prevent the property's use for certain purposes in the future, as distinguished from the taking or damaging in respect to a use already in existence, is not open to question, and does not require the payment of any compensation. National Adv. Co. v. State Hwy. Dep't, 230 Ga. 119, 195 S.E.2d 895 (1973).

Strip zoning.

- Denial of the request of landowners and a sign company for permits to erect outdoor advertising did not violate statutory authority, under O.C.G.A. §§ 32-6-71(29) and32-6-72(4), which allowed such advertising on commercially zoned property but provided that strip zoned property was not properly considered commercially zoned, or Ga. Comp. R. & Regs. 672-6-.01(q) (1988), defining strip zoning, because: (1) the land on which the advertising would be erected was small in comparison to the owners' total property; (2) was rezoned to commercial use, a use less restrictive than surrounding property; (3) rezoning did not regard the neighborhood's character, as there was no commercial activity in the immediate vicinity; and (4) rezoning a small parcel to a less restrictive use out of character with surrounding land benefitted only the parcel's owners. Walker v. DOT, 279 Ga. App. 287, 630 S.E.2d 878 (2006).

Cited in Charles v. Cobb County, 231 Ga. 696, 203 S.E.2d 503 (1974); Department of Transp. v. El Carlo Motel, Inc., 140 Ga. App. 779, 232 S.E.2d 126 (1976); State v. Cafe Erotica, Inc., 270 Ga. 97, 507 S.E.2d 732 (1998).

Issuance of permits for outdoor advertising devices.

- Outdoor advertising devices located in areas zoned by local governments and subject to regulation by the department can be lawfully erected and maintained only in areas zoned, without further action of the local governing body, for commercial or industrial activities. 1975 Op. Att'y Gen. No. 75-24.

ALR.

- Building regulations as applicable to billboards and similar structures, 60 A.L.R. 1158.

Municipality's power to permit private owner to construct building or structure overhanging or crossing the air space above public street or sidewalk, 76 A.L.R.2d 896.

Validity and construction of provision prohibiting or regulating advertising sign overhanging street or sidewalk, 80 A.L.R.3d 687.

Validity and construction of statute or ordinance restricting outdoor rate advertising by motels, motor courts, and the like, 80 A.L.R.3d 740.

Validity and construction of state or local regulation prohibiting the erection or maintenance of advertising structures within a specified distance of street or highway, 81 A.L.R.3d 564.