Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 120 - RULES AND REGULATIONS CONTROLLING OUTDOOR ADVERTISING AND DIRECTIONAL AND OTHER SIGNS AND NOTICES › Part IV - Control and Continuance of Nonconforming Signs, Advertisements, and Advertising Structures › Section 24VAC30-120-170 - Criteria for the maintenance and continuance of a nonconforming sign, advertisement or advertising structure

Current through Register Vol. 40, No. 24, July 15, 2024
A. To be classified as a nonconforming sign
				  or structure, such sign or structure must have been in lawful existence on the
				  effective date of the state law or regulation or changed condition and must
				  continue to be lawfully maintained.
B. To be allowed to continue as
				  nonconforming, a sign or structure must remain substantially unchanged from its
				  condition as of the effective date of the state law or regulations or changed
				  condition.
1. Replacement, extension, or
				  enlargement of the sign or structure is a substantial change in the existing
				  use.
2. The change of location or
				  height of such sign or structure is a substantial change in the existing
				  use.
3. A change of the message
				  content is not a substantial change in existing use. In the event a sign has
				  been blank for a period of 18 consecutive months, the owner will be given
				  written notice of 120 days to display a message on or remove such sign
				  structure. In the event a message is not displayed on the sign structure within
				  120 days from the postdate of the aforementioned written notice, the permit
				  shall be cancelled.
4. Rebuilding,
				  or re-erecting the sign or structure, is a substantial change in existing use
				  if such rebuilding, or re-erection expenses exceed 50% of the current
				  replacement cost new of the entire sign or structure.
EXCEPTION:
If it can be demonstrated to the satisfaction of the
					 commissioner that a nonconforming sign or structure has been vandalized or
					 subject to other criminal or tortious act, then the replacement, rebuilding, or
					 re-erecting of such sign or structure will not be considered a substantial
					 change in existing use irrespective of the cost of such replacement; however,
					 it will be considered a substantial change in existing use if damage to
					 nonconforming signs or structures is caused by natural disasters, hurricanes,
					 high winds, hail, or the like, and such damage exceeds 50% of the current
					 replacement cost new of the entire sign or structure. In the event vandalism
					 and an act of God combine to damage a nonconforming sign or structure, the
					 commissioner shall determine the percentage allocated to each cause of damage
					 before determining whether a substantial change in existing use has
					 occurred.
5. Normal upkeep
				  and repair of such sign or structure on a frequent basis, to the extent that
				  the total cost of such repairs in the 12-month period would not exceed 50% of
				  the current replacement cost new of the entire sign or structure, is not a
				  substantial change in existing use.