O.C.G.A. § 32-6-72 (2019)
Designation of outdoor advertising which may be erected or maintained within 660 feet of nearest edge of right of way
No outdoor advertising shall be erected or maintained within 660 feet of the nearest edge of the right of way and visible from the main traveled way of the interstate or primary highways in this state, except the following: (1) Directional and other official signs and notices; (2) Signs advertising the sale or lease of the property upon which they are located; (3) Signs advertising activities conducted or maintained within 100 feet of the nearest part of the activity as the dimensions of said activity are determined by department regulations, which regulations need not take into consideration the property lines of said activity; (4) Signs located in areas zoned commercial or industrial, which signs provide information in the specific interest of the traveling public;
(5) Signs located in unzoned commercial or industrial areas, which signs provide information in the specific interest of the traveling public; and (6) Directional signs, displays, and devices about goods and services in the specific interest of the traveling public located in a defined area or areas approved by the United States Secretary of Transportation.
History
Ga. L. 1967, p. 423, § 3; Ga. L. 1971, Ex. Sess., p. 5, § 3; Code 1933, § 95A-915, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1979, p. 1086, § 3.
Annotations
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1985, a comma was deleted between ‘‘public’’ and ‘‘located’’ in paragraph (6).
JUDICIAL DECISIONS 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) and 32-6-72(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).
OPINIONS OF THE ATTORNEY GENERAL 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.
RESEARCH REFERENCES 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.