§ 33.1-370. Special provisions pertaining to interstate, national highwaysystem, and federal-aid primary highways.
A. Notwithstanding the territorial limitation set out in § 33.1-353, no signor advertisement adjacent to any interstate, national highway system, orfederal-aid primary highway shall be erected, maintained or displayed whichis visible from the main traveled way within 660 feet of the nearest edge ofthe right-of-way, except as provided in subsections B and D of this section,and outside of an urban area no sign or advertisement beyond 660 feet of thenearest edge of the right-of-way of any interstate, national highway system,or federal-aid primary highway which is visible from the main traveled wayshall be erected, maintained, or displayed with the purpose of its messagebeing read from the main traveled way, except as set forth in subsection C.
B. The following signs, advertisements or advertising structures may beerected, maintained and displayed within 660 feet of the right-of-way of anyinterstate, national highway system, or federal-aid primary highway:
Class 1 - Official signs. - Directional and official signs and notices, whichsigns and notices shall include, but not be limited to, signs and noticespertaining to the availability of food, lodging, vehicle service and touristinformation, natural wonders, scenic areas, museums and historic attractions,as authorized or required by law; however, where such signs or noticespertain to facilities or attractions which are barrier free, such signs ornotices shall contain the International Barrier Free Symbol. The CommonwealthTransportation Board shall determine the type, lighting, size, location,number, and other requirements of signs of this class.
Class 2 - On-premises signs. - Signs not prohibited by other parts of thisarticle which are consistent with the applicable provisions of this sectionand which advertise the sale or lease of, or activities being conducted upon,the real property where the signs are located; provided, that any such signs,which are located adjacent to and within 660 feet of any interstate highwayand do not lie in commercial or industrial zones within the boundaries ofincorporated municipalities, as such boundaries existed on September 21,1959, wherein the use of real property adjacent to the Interstate System issubject to municipal regulation or control, or in areas where land use as ofSeptember 21, 1959, was clearly established by state law as industrial orcommercial, shall comply with the following requirements:
1. Not more than one sign advertising the sale or lease of the same propertymay be erected or maintained in such manner as to be visible to trafficproceeding in any one direction on any one interstate highway;
2. Not more than one sign, visible to traffic proceeding in any one directionon any one interstate highway and advertising activities being conducted uponthe real property where the sign is located, may be erected or maintainedmore than fifty feet from the advertised activity, and no such sign may belocated more than 250 feet from the center of the advertised activity; and
3. No sign, except one which is not more than fifty feet from the advertisedactivity, that displays any trade name which refers to or identifies anyservice rendered or product sold, shall be erected or maintained unless thename of the advertised activity is displayed as conspicuously as such tradename.
Class 3 - Other signs. - Any signs or advertisements which are located withinareas adjacent to any interstate, national highway system, or federal-aidprimary highway which are zoned industrial or commercial under authority ofstate law, or in unzoned commercial or industrial areas as determined by theCommonwealth Transportation Board from actual land uses. The CommonwealthTransportation Board shall determine the size, lighting and spacing of signsof this class, provided that such determination shall be no more restrictivethan valid federal requirements on the same subject.
C. The following signs, advertisements or advertising structures may beerected, maintained and displayed beyond 660 feet of the right-of-way of anyinterstate, national highway system, or federal-aid primary highway outsideof urban areas.
1. Class 1 and Class 2 signs, advertisements or advertising structures setforth in subsection B of this section.
2. All other signs, advertisements or advertising structures erected,maintained or displayed more than 660 feet from the nearest edge of theright-of-way of an interstate, national highway system, or federal-aidprimary highway; unless said sign or advertisement is visible from the maintraveled way of said highways and erected, maintained or displayed with thepurpose of its message being read from the main traveled way of said highways.
In determining whether a sign, advertisement or advertising structure is"erected, maintained or displayed with the purpose of its being read" theCommissioner is not limited to, but will consider, the nature of the businessor product advertised thereon, the availability of such business or productto users of the controlled highway, the visibility of the sign, advertisementor advertising structure from the main traveled way of the controlled highway(such visibility may be measured by considering the size or height of thesign, advertisement or advertising structure; the configuration, size, andheight of recognizable emblems, images, and lettering thereon; the angle ofthe sign, advertisement or advertising structure to the main traveled way ofthe controlled highway; the degree to which physical obstructions hinder theview of the sign, advertisement or advertising structure from the maintraveled way of the controlled highway; and the time which such sign,advertisement or advertising structure is exposed to view by travelers on themain traveled way of the controlled highway traveling at the maximum andminimum speeds posted).
D. In order to provide information in the specific interest of the travelingpublic, the Commonwealth Transportation Board is hereby authorized tomaintain maps and to permit informational directories and advertisingpamphlets to be made available at rest areas, and to establish informationcenters at rest areas for the purpose of informing the public of places ofinterest within the Commonwealth and providing such other information as maybe considered desirable.
E. Notwithstanding any other provision of law, lawfully erected andmaintained nonconforming signs, advertisements, and advertising structuresshall not be removed or eliminated by amortization under state law or localordinances without compensation as described in subsection F of this section.
F. The Commonwealth Transportation Commissioner is authorized to acquire bypurchase, gift or the power of eminent domain and to pay just compensationupon the removal of nonconforming signs, advertisements or advertisingstructures lawfully erected and maintained under state law or stateregulations. Provided, however, subsequent to November 6, 1978, whenever anylocal ordinance which is more restrictive than state law requires the removalof such signs, advertisements, or advertising structures, the local governingbody shall initiate the removal of such signs, advertisements, or advertisingstructures with the Commissioner, who shall have complete authority toadminister the removal of such signs, advertisements, or advertisingstructures. Upon proof of payment presented to the local governing bodies,the local governing bodies shall reimburse the Commissioner the fundsexpended which are associated with the removal of such signs, advertisements,or advertising structures required by local ordinances, less any federalfunds received for such purposes. Notwithstanding the above, nothing shallprohibit the local governing bodies from removing signs, advertisements, oradvertising structures which are made nonconforming solely by localordinances so long as those ordinances require the local governing bodies topay 100 percent of the cost of removing them and just compensation upon theirremoval.
Such compensation is authorized to be paid only for the taking from the ownerof such sign or advertisement of all right, title, leasehold and interest insuch sign or advertisement, and the taking from the owner of the realproperty on which the sign or advertisement is located, of the right to erectand maintain such sign or advertisement thereon.
The Commonwealth Transportation Commissioner shall not be required to expendany funds under this section unless and until federal-aid matching funds aremade available for this purpose.
(Code 1950, § 33-317.1; 1960, c. 406; 1962, c. 176; 1966, c. 663; 1970, c.322; 1976, cc. 14, 29; 1980, c. 275; 1993, c. 538; 2000, cc. 432, 449.)
§ 33.1-370. Special provisions pertaining to interstate, national highwaysystem, and federal-aid primary highways.
A. Notwithstanding the territorial limitation set out in § 33.1-353, no signor advertisement adjacent to any interstate, national highway system, orfederal-aid primary highway shall be erected, maintained or displayed whichis visible from the main traveled way within 660 feet of the nearest edge ofthe right-of-way, except as provided in subsections B and D of this section,and outside of an urban area no sign or advertisement beyond 660 feet of thenearest edge of the right-of-way of any interstate, national highway system,or federal-aid primary highway which is visible from the main traveled wayshall be erected, maintained, or displayed with the purpose of its messagebeing read from the main traveled way, except as set forth in subsection C.
B. The following signs, advertisements or advertising structures may beerected, maintained and displayed within 660 feet of the right-of-way of anyinterstate, national highway system, or federal-aid primary highway:
Class 1 - Official signs. - Directional and official signs and notices, whichsigns and notices shall include, but not be limited to, signs and noticespertaining to the availability of food, lodging, vehicle service and touristinformation, natural wonders, scenic areas, museums and historic attractions,as authorized or required by law; however, where such signs or noticespertain to facilities or attractions which are barrier free, such signs ornotices shall contain the International Barrier Free Symbol. The CommonwealthTransportation Board shall determine the type, lighting, size, location,number, and other requirements of signs of this class.
Class 2 - On-premises signs. - Signs not prohibited by other parts of thisarticle which are consistent with the applicable provisions of this sectionand which advertise the sale or lease of, or activities being conducted upon,the real property where the signs are located; provided, that any such signs,which are located adjacent to and within 660 feet of any interstate highwayand do not lie in commercial or industrial zones within the boundaries ofincorporated municipalities, as such boundaries existed on September 21,1959, wherein the use of real property adjacent to the Interstate System issubject to municipal regulation or control, or in areas where land use as ofSeptember 21, 1959, was clearly established by state law as industrial orcommercial, shall comply with the following requirements:
1. Not more than one sign advertising the sale or lease of the same propertymay be erected or maintained in such manner as to be visible to trafficproceeding in any one direction on any one interstate highway;
2. Not more than one sign, visible to traffic proceeding in any one directionon any one interstate highway and advertising activities being conducted uponthe real property where the sign is located, may be erected or maintainedmore than fifty feet from the advertised activity, and no such sign may belocated more than 250 feet from the center of the advertised activity; and
3. No sign, except one which is not more than fifty feet from the advertisedactivity, that displays any trade name which refers to or identifies anyservice rendered or product sold, shall be erected or maintained unless thename of the advertised activity is displayed as conspicuously as such tradename.
Class 3 - Other signs. - Any signs or advertisements which are located withinareas adjacent to any interstate, national highway system, or federal-aidprimary highway which are zoned industrial or commercial under authority ofstate law, or in unzoned commercial or industrial areas as determined by theCommonwealth Transportation Board from actual land uses. The CommonwealthTransportation Board shall determine the size, lighting and spacing of signsof this class, provided that such determination shall be no more restrictivethan valid federal requirements on the same subject.
C. The following signs, advertisements or advertising structures may beerected, maintained and displayed beyond 660 feet of the right-of-way of anyinterstate, national highway system, or federal-aid primary highway outsideof urban areas.
1. Class 1 and Class 2 signs, advertisements or advertising structures setforth in subsection B of this section.
2. All other signs, advertisements or advertising structures erected,maintained or displayed more than 660 feet from the nearest edge of theright-of-way of an interstate, national highway system, or federal-aidprimary highway; unless said sign or advertisement is visible from the maintraveled way of said highways and erected, maintained or displayed with thepurpose of its message being read from the main traveled way of said highways.
In determining whether a sign, advertisement or advertising structure is"erected, maintained or displayed with the purpose of its being read" theCommissioner is not limited to, but will consider, the nature of the businessor product advertised thereon, the availability of such business or productto users of the controlled highway, the visibility of the sign, advertisementor advertising structure from the main traveled way of the controlled highway(such visibility may be measured by considering the size or height of thesign, advertisement or advertising structure; the configuration, size, andheight of recognizable emblems, images, and lettering thereon; the angle ofthe sign, advertisement or advertising structure to the main traveled way ofthe controlled highway; the degree to which physical obstructions hinder theview of the sign, advertisement or advertising structure from the maintraveled way of the controlled highway; and the time which such sign,advertisement or advertising structure is exposed to view by travelers on themain traveled way of the controlled highway traveling at the maximum andminimum speeds posted).
D. In order to provide information in the specific interest of the travelingpublic, the Commonwealth Transportation Board is hereby authorized tomaintain maps and to permit informational directories and advertisingpamphlets to be made available at rest areas, and to establish informationcenters at rest areas for the purpose of informing the public of places ofinterest within the Commonwealth and providing such other information as maybe considered desirable.
E. Notwithstanding any other provision of law, lawfully erected andmaintained nonconforming signs, advertisements, and advertising structuresshall not be removed or eliminated by amortization under state law or localordinances without compensation as described in subsection F of this section.
F. The Commonwealth Transportation Commissioner is authorized to acquire bypurchase, gift or the power of eminent domain and to pay just compensationupon the removal of nonconforming signs, advertisements or advertisingstructures lawfully erected and maintained under state law or stateregulations. Provided, however, subsequent to November 6, 1978, whenever anylocal ordinance which is more restrictive than state law requires the removalof such signs, advertisements, or advertising structures, the local governingbody shall initiate the removal of such signs, advertisements, or advertisingstructures with the Commissioner, who shall have complete authority toadminister the removal of such signs, advertisements, or advertisingstructures. Upon proof of payment presented to the local governing bodies,the local governing bodies shall reimburse the Commissioner the fundsexpended which are associated with the removal of such signs, advertisements,or advertising structures required by local ordinances, less any federalfunds received for such purposes. Notwithstanding the above, nothing shallprohibit the local governing bodies from removing signs, advertisements, oradvertising structures which are made nonconforming solely by localordinances so long as those ordinances require the local governing bodies topay 100 percent of the cost of removing them and just compensation upon theirremoval.
Such compensation is authorized to be paid only for the taking from the ownerof such sign or advertisement of all right, title, leasehold and interest insuch sign or advertisement, and the taking from the owner of the realproperty on which the sign or advertisement is located, of the right to erectand maintain such sign or advertisement thereon.
The Commonwealth Transportation Commissioner shall not be required to expendany funds under this section unless and until federal-aid matching funds aremade available for this purpose.
(Code 1950, § 33-317.1; 1960, c. 406; 1962, c. 176; 1966, c. 663; 1970, c.322; 1976, cc. 14, 29; 1980, c. 275; 1993, c. 538; 2000, cc. 432, 449.)
§ 33.1-370. Special provisions pertaining to interstate, national highwaysystem, and federal-aid primary highways.
A. Notwithstanding the territorial limitation set out in § 33.1-353, no signor advertisement adjacent to any interstate, national highway system, orfederal-aid primary highway shall be erected, maintained or displayed whichis visible from the main traveled way within 660 feet of the nearest edge ofthe right-of-way, except as provided in subsections B and D of this section,and outside of an urban area no sign or advertisement beyond 660 feet of thenearest edge of the right-of-way of any interstate, national highway system,or federal-aid primary highway which is visible from the main traveled wayshall be erected, maintained, or displayed with the purpose of its messagebeing read from the main traveled way, except as set forth in subsection C.
B. The following signs, advertisements or advertising structures may beerected, maintained and displayed within 660 feet of the right-of-way of anyinterstate, national highway system, or federal-aid primary highway:
Class 1 - Official signs. - Directional and official signs and notices, whichsigns and notices shall include, but not be limited to, signs and noticespertaining to the availability of food, lodging, vehicle service and touristinformation, natural wonders, scenic areas, museums and historic attractions,as authorized or required by law; however, where such signs or noticespertain to facilities or attractions which are barrier free, such signs ornotices shall contain the International Barrier Free Symbol. The CommonwealthTransportation Board shall determine the type, lighting, size, location,number, and other requirements of signs of this class.
Class 2 - On-premises signs. - Signs not prohibited by other parts of thisarticle which are consistent with the applicable provisions of this sectionand which advertise the sale or lease of, or activities being conducted upon,the real property where the signs are located; provided, that any such signs,which are located adjacent to and within 660 feet of any interstate highwayand do not lie in commercial or industrial zones within the boundaries ofincorporated municipalities, as such boundaries existed on September 21,1959, wherein the use of real property adjacent to the Interstate System issubject to municipal regulation or control, or in areas where land use as ofSeptember 21, 1959, was clearly established by state law as industrial orcommercial, shall comply with the following requirements:
1. Not more than one sign advertising the sale or lease of the same propertymay be erected or maintained in such manner as to be visible to trafficproceeding in any one direction on any one interstate highway;
2. Not more than one sign, visible to traffic proceeding in any one directionon any one interstate highway and advertising activities being conducted uponthe real property where the sign is located, may be erected or maintainedmore than fifty feet from the advertised activity, and no such sign may belocated more than 250 feet from the center of the advertised activity; and
3. No sign, except one which is not more than fifty feet from the advertisedactivity, that displays any trade name which refers to or identifies anyservice rendered or product sold, shall be erected or maintained unless thename of the advertised activity is displayed as conspicuously as such tradename.
Class 3 - Other signs. - Any signs or advertisements which are located withinareas adjacent to any interstate, national highway system, or federal-aidprimary highway which are zoned industrial or commercial under authority ofstate law, or in unzoned commercial or industrial areas as determined by theCommonwealth Transportation Board from actual land uses. The CommonwealthTransportation Board shall determine the size, lighting and spacing of signsof this class, provided that such determination shall be no more restrictivethan valid federal requirements on the same subject.
C. The following signs, advertisements or advertising structures may beerected, maintained and displayed beyond 660 feet of the right-of-way of anyinterstate, national highway system, or federal-aid primary highway outsideof urban areas.
1. Class 1 and Class 2 signs, advertisements or advertising structures setforth in subsection B of this section.
2. All other signs, advertisements or advertising structures erected,maintained or displayed more than 660 feet from the nearest edge of theright-of-way of an interstate, national highway system, or federal-aidprimary highway; unless said sign or advertisement is visible from the maintraveled way of said highways and erected, maintained or displayed with thepurpose of its message being read from the main traveled way of said highways.
In determining whether a sign, advertisement or advertising structure is"erected, maintained or displayed with the purpose of its being read" theCommissioner is not limited to, but will consider, the nature of the businessor product advertised thereon, the availability of such business or productto users of the controlled highway, the visibility of the sign, advertisementor advertising structure from the main traveled way of the controlled highway(such visibility may be measured by considering the size or height of thesign, advertisement or advertising structure; the configuration, size, andheight of recognizable emblems, images, and lettering thereon; the angle ofthe sign, advertisement or advertising structure to the main traveled way ofthe controlled highway; the degree to which physical obstructions hinder theview of the sign, advertisement or advertising structure from the maintraveled way of the controlled highway; and the time which such sign,advertisement or advertising structure is exposed to view by travelers on themain traveled way of the controlled highway traveling at the maximum andminimum speeds posted).
D. In order to provide information in the specific interest of the travelingpublic, the Commonwealth Transportation Board is hereby authorized tomaintain maps and to permit informational directories and advertisingpamphlets to be made available at rest areas, and to establish informationcenters at rest areas for the purpose of informing the public of places ofinterest within the Commonwealth and providing such other information as maybe considered desirable.
E. Notwithstanding any other provision of law, lawfully erected andmaintained nonconforming signs, advertisements, and advertising structuresshall not be removed or eliminated by amortization under state law or localordinances without compensation as described in subsection F of this section.
F. The Commonwealth Transportation Commissioner is authorized to acquire bypurchase, gift or the power of eminent domain and to pay just compensationupon the removal of nonconforming signs, advertisements or advertisingstructures lawfully erected and maintained under state law or stateregulations. Provided, however, subsequent to November 6, 1978, whenever anylocal ordinance which is more restrictive than state law requires the removalof such signs, advertisements, or advertising structures, the local governingbody shall initiate the removal of such signs, advertisements, or advertisingstructures with the Commissioner, who shall have complete authority toadminister the removal of such signs, advertisements, or advertisingstructures. Upon proof of payment presented to the local governing bodies,the local governing bodies shall reimburse the Commissioner the fundsexpended which are associated with the removal of such signs, advertisements,or advertising structures required by local ordinances, less any federalfunds received for such purposes. Notwithstanding the above, nothing shallprohibit the local governing bodies from removing signs, advertisements, oradvertising structures which are made nonconforming solely by localordinances so long as those ordinances require the local governing bodies topay 100 percent of the cost of removing them and just compensation upon theirremoval.
Such compensation is authorized to be paid only for the taking from the ownerof such sign or advertisement of all right, title, leasehold and interest insuch sign or advertisement, and the taking from the owner of the realproperty on which the sign or advertisement is located, of the right to erectand maintain such sign or advertisement thereon.
The Commonwealth Transportation Commissioner shall not be required to expendany funds under this section unless and until federal-aid matching funds aremade available for this purpose.
(Code 1950, § 33-317.1; 1960, c. 406; 1962, c. 176; 1966, c. 663; 1970, c.322; 1976, cc. 14, 29; 1980, c. 275; 1993, c. 538; 2000, cc. 432, 449.)
