Section 160. Definitions

Part III. Signs on Rights of Way of the Interstate and Other Controlled Access Highways

The original text of Part III pertains to traffic signs and other markers, which are exempt from the Administrative Process Act. The department has filed a replacement to this part as VR 385-01-63 ("Supplemental Signing Criteria") to comply with provisions of the Virginia Register Act (§ 2.2-4100 et seq. of the Code of Virginia). This document is available for inspection at the Department of Transportation, in the Office of Public Affairs in the Department's principal office at 1401 East Broad Street, Richmond, VA 23219.

Part IV
Control and Continuance of Nonconforming Signs, Advertisements, and Advertising Structures

The definitions set out in § 33.2-1200 of the Code of Virginia and the following definitions shall apply:

"Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish.

"Nonconforming sign" means one which was lawfully erected but which does not comply with the provisions of state law or state regulations passed at a later date or which later fails to comply with state law or state regulations due to changed conditions.

An example of changed conditions would be a sign or advertisement lawfully in existence in a commercial area which at a later date becomes noncommercial and thus required to be protected, or a sign or advertisement lawfully erected on a federal-aid secondary highway later upgraded to a federal-aid primary highway. Illegally erected or maintained signs or advertisements are not nonconforming signs.

"Nonconforming sign - grandfather clause" means a sign lawfully in existence on certain dates or as specified in the state-federal agreement erected in a commercial or industrial area which does not conform to size, lighting, or spacing criteria.

Historical Notes

Derived from VR385-01-13 § 4.1, eff. April 1, 1976; amended, Volume 11, Issue 10, eff. March 8, 1995; Volume 31, Issue 07, eff. December 31, 2014.

Statutory Authority

§§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.