33.1-370.2 - Maintenance and repair of nonconforming billboard signs.
§ 33.1-370.2. Maintenance and repair of nonconforming billboard signs.
Notwithstanding any other provision of law, maintenance of and repairs tononconforming billboard signs shall be governed by this section and anyapplicable regulations promulgated by the Commonwealth TransportationCommissioner, known as the "Control and Continuance of Nonconforming Signs,Advertisements and Advertising Structure." Nonconforming billboard signsshall be maintained in a good state of repair and shall be subject to removalfor failure to do so, in accordance with § 33.1-375. In order to make repairsto a nonconforming billboard sign, the owner shall make a written request tothe Commissioner and submit the documentation required by 24 VAC 30-120-170.The Commissioner shall review the written request and if the Commissionerdetermines that the cost of requested repairs does not exceed a dollar amountgreater than 50 percent of the current replacement cost of the entirebillboard sign or structure, the Commissioner shall provide the owner of thebillboard sign with a letter approving the billboard sign repairs. However,in no case shall a nonconforming billboard sign be replaced or rebuilt if thecost of the replacement or rebuilding exceeds 50 percent of the currentreplacement cost. The owner of the billboard sign shall apply for a buildingpermit from the locality in which the billboard sign is located and provide acopy of the approval letter from the Commissioner as part of the applicationfor the building permit. The Commissioner's determination as to whether theowner of the billboard sign has complied with this section shall be bindingupon the locality, unless the building official, for good cause shown,submits to the Commissioner documentation objecting to the Commissioner'sdetermination, within 30 days of the building permit application, with a copyof such documentation being provided to the billboard sign owner. TheCommissioner shall consider any documentation submitted by the buildingofficial and shall reissue a determination in accordance with this section,which determination shall be binding upon the locality.
(2004, c. 656.)