CHAPTER 176

An Act to amend and reenact §8§ 33-298 and 33-317.1 of the Code of
Virginia, relating to the regulation of advertisements and advertis-
ang structures along and adjacent to State highways, and to repeal
§ 33-317.3 of the Code of Virginia, relating to the same subject.

[H 131]

Approved March 2, 1962

Be it enacted by the General Assembly of Virginia:

1. That §§ 33-298 and 33-317.1 of the Code of Virginia be amended
and reenacted to read as follows:

§ 33-298. The following terms, wherever used or referred to in this
article, shall have the following meanings unless a different meaning
clearly appears from the context:

(1) “Advertisement” means any writing, printing, picture, painting,
display, emblem, drawing, sign or similar device which is posted or
displayed outdoors on real property and is intended to invite or to draw
the attention or to solicit the patronage or support of the public to
any goods, merchandise, property, real or personal, business, services,
entertainment or amusement manufactured, produced, bought, sold,
conducted, furnished or dealt in by any person or for any political party
or for the candidacy of any individual for any nomination or office; the
term shall also include any part of an advertisement recognizable as
such;

(2) “Advertising structure” means any rigid or semirigid material,
with or without any advertisement displayed thereon, situated upon or at-
tached to real property outdoors, primarily or principally for the pur-
pose of furnishing a background or base or support upon which an
advertisement may be posted or displayed;

(3) “Business of outdoor advertising” means the erection, use or
maintenance of advertising structures or the posting or display of out-
door advertisements by any person who receives profit gained from
rentals or any other compensation from any other person for the use
or maintenance of such advertising structures or the posting or display
of such advertisements, except reasonable compensation for materials
and labor used or furnished in the actual erection of advertising struc-
tures or the actual posting of advertisements;

(4) “Highway” means every way or place of whatever nature open
to the use of the public for purposes of vehicular travel in this State;

(5) “Municipalities” means cities and incorporated towns;

(6) “Person” includes an individual, partnership, association or
corporation;
(7) “Post” means post, display, print, paint, burn, nail, paste or
otherwise attach;

(8) “Real property” includes any property physically attached or
annexed to real property in any manner whatsoever;

(9) “Town” means an incorporated town;

(10) “Historic place or shrine” includes only places that are main-
tained wholly at public expense or by a nonprofit organization;

(11) “Entrance roadway” means any public road or turning road-
way, including acceleration lanes, by which traffic may enter the main-
traveled way of an interstate highway from the general road system
within this State, irrespective of whether traffic may also leave the
main-traveled way by such road or turning roadway;

(12) “Exit roadway” means any public road or turning roadway,
including deceleration lanes, by which traffic may leave the main-traveled
way of an interstate highway to reach the general road system within
this State, irrespective of whether traffic may also enter the main-
traveled way by such road or turning roadway;

(13) “Centerline of the Highway” means a line equidistant from
the edges of the median separating the main-traveled ways of an inter-
state divided highway, or the centerline of the main-traveled way of a
nondivided interstate highway;

(14) “Interchange” means a grade separated intersection with one
or more turning roadways for travel between intersection legs, or an in-
tersection at grade, where two or more highways join or cross;

(15) “Legible’ means capable of being read without visual aid by a
person of normal visual acuity;

(16) “Maintain” means to allow to exist;

(17) “Main-traveled way” means the traveled way of an interstate
highway on which through traffic is carried. In the case of a divided
interstate highway, the traveled way of each of the separated roadways
for traffic in opposite directions is a main-traveled way. It does not
include such facilities as frontage roads, turning roadways, or parking
areas;

(17a) “National System of Interstate and Defense Highways” and
“Interstate System” mean the system presently defined in subsection (d)
of Section 103 of Title 238, United States Code;

(18) “Protected Area’? means all areas which are adjacent to and
within six hundred sixty feet of the edge of the right of way of any
highway which is a part of the National System of Interstate and Defense
Highways which was acquired for right of way subsequent to July one,
nineteen hundred fifty-six (an area shall be deemed to have been so
acquired if, within such area, no line normal or perpendicular to the
centerline of the highway and extending to both edges of the right of
way will intersect any right of way acquired for right of way on or
before July one, nineteen hundred fifty-six), which do not lie in com-
mercial or industrial zones within the * boundaries of incorporated
municipalities, as such boundaries existed on September twenty-one,
nineteen hundred fifty-nine, wherein the use of real property adjacent to
the Interstate System is subject to municipal regulation or control, or
which * traverse other areas where the land use as of September twenty-
one, nineteen hundred fifty-nine, * was clearly established by State * law
as industrial or commercial;

(19) “Scenic Area’ means any public park, area of particular
scenic beauty or historical significance designated as a scenic area
by the State Highway Commission;

(20) “Sign” means any outdoor sign, display, device, figure, paint-
ing, drawing, message, placard, poster, billboard, or other thing which is
designed, intended, or used to advertise or inform, any part of the ad-
vertising or informative contents of which is visible from any place on.
the main-traveled way of the Interstate system;

(21) “Trade Name” shall include brand name, trademark, dis-
tinctive symbol, or other similar device or thing used to identify particu-
lar products or services;

(22) “Traveled Way’ means the portion of a roadway for the
movement of vehicles, exclusive of shoulders;

(23) “Turning roadway” means a connecting roadway for traffic
turning between two intersection legs of an interchange;

(24) “Visible” means capable of being seen (whether or not legible)
without visual aid by a person of normal visual acuity;

(25) “Distance from edge of a right-of-way” shall be the horizontal
distance measured along a line normal or perpendicular to the centerline
of the highway;

(26) “Distance Along Centerline” shall be measured between two
vertical planes which are normal or perpendicular to and intersect
the centerline of the highway, and which pass through the termini of
a measured distance.

§ 33-317.1. (a) Notwithstanding the territorial limitation set out
in § 33-300, no sign or advertising structure which is visible, as de-
fined in paragraph (24) of § 33-298, from the main-traveled way of the
Interstate System shall be erected, maintained, or displayed within
a protected area which:

(1) Advertises activities which are illegal under State or federal
laws or regulations in effect at the location of such sign or advertising
structure or at the location of such activities;

(2) If a sign, is not securely affixed to a substantial advertising
structure;

(3) Is obsolete, or is not clean and in good repair;

(4) Is not consistent with this section or regulations adopted by
the State Highway Commission.

(b) The following signs may be erected or maintained in protected

areas:
Class 1—Official Signs.—Directional signs, historical markers, signs
indicating the availability of food, lodging and vehicle service, or other
official signs or notices erected and maintained by public officers or
agencies pursuant to and in accordance with direction or authorization
contained in State or federal law, for the purpose of carrying out an
official duty or responsibility. The State Highway Commission shall
determine the type, size, location and number of signs of this class
which may be erected.

Class 2—On premise Signs.—Signs not prohibited by other parts
of this article which are consistent with the applicable provisions of
this section and which advertise the sale or lease of, or activities being
epnducted upon, the real property where the signs are located; provided,
t

(1) Not more than one sign advertising the sale or lease of the
same property may be erected or maintained in such manner as to be
visible to traffic proceeding in any one direction on any one interstate
highway;

(2) Not more than one sign, visible to traffic proceeding in any
one direction on any one interstate highway and advertising activities
being conducted upon the real property where the sign is located, may

e erected or maintained more than fifty feet from the advertised
activity, and no such sign may be located more than two hundred fifty
feet from the center of the advertised activity; and

(8) No sign, except one which is not more than fifty feet from the
advertised activity, that displays any trade name which refers to or
identifies any service rendered or product sold shall be erected or main-
tained unless the name of the advertised activity is displayed as con-
spicuously as such trade name.

Class 3—Signs in the Specific Interest of the Traveling Public.—
Signs otherwise conforming to law which are designed to give infor-
mation in the specific interest of the traveling public, including only
signs giving information about public places operated by the federal,
or the State government or any political subdivision thereof, natural
phenomena, historical sites, areas of natural scenic beauty or naturally
suited for outdoor recreation, designated as such by the State Highway
Commission.

(c) (1) In protected areas in advance of an intersection of the
main-traveled way of an interstate highway and an exit roadway. Class
3 signs visible to traffic on the highway approaching such intersection
may not exceed the following number:

Distance from Intersection Number of Signs
0-2 Miles 0
2-5 Miles 6
More than 5 Miles Average of 1 per mile

The specified distance shall be measured to the nearest point of the
intersection of the traveled way of the exit roadway and the main-
traveled way of the highway.

(2) Subject to the other provisions of this subsection (c), not
more than two such signs may be erected or maintained within any
mile distance measured from any point, and no such signs may be erected
or maintained less than one thousand feet apart.

(3) Such signs may not be erected or maintained in protected
areas upon any part of the width of which is constructed an entrance
or exit roadway.

(4) Such signs visible to interstate highway traffic which is ap-
proaching or has passed an entrance roadway may not be erected or
maintained in protected areas for one thousand feet beyond the furthest
point of the intersection between the traveled way of such entrance
roadway and the main-traveled way of the interstate highway.

(5) No such signs may be erected or maintained in scenic areas.

(6) Not more than one such sign advertising activities being
conducted as a single enterprise or giving information about a single
place may be erected or maintained in such manner as to be visible to
traffic moving in any one direction on any one interstate highway.

(d) No sign may be permitted which attempts or appears to
attempt to direct the movement of traffic or which interferes with, imi-
tates or resembles any official traffic sign, signal or device.

(e) No sign may be permitted which prevents the driver of a
vehicle from having a clear and unobstructed view of official signs and
approaching or merging traffic.

(f) No lighting may be permitted to be used in any way in con-
nection with any sign unless it is so effectively shielded as to prevent
beams or rays of light from being directed at any portion of the main-
traveled way of the Interstate System, or is of such low intensity or
brilliance as not to cause glare or to impair the vision of the driver
of any motor vehicle, or to otherwise interfere with any driver’s operation
of a motor vehicle.
(g) No sign may be permitted which moves or has any animated
noving parts or which contains, includes, or is illuminated by any
ling, intermittent or moving lights.

(h) No advertisement may be erected or maintained on any tree
painted or drawn on any rock or other natural feature.

(i) No sign may be permitted to exceed twenty feet in length,
th or height, or one hundred fifty square feet in area, including
ler and trim but excluding supports, except Class 2 signs not more
. fifty feet from, and advertising activities being conducted upon,
real property where the sign is located.

Notwithstanding any other provisions of law, this § 33-317.1 shall not
y to: (1) any area adjacent to any segment of interstate highway
tructed upon any portion of right of way acquired for right of way
y0Ses prior to July one, nineteen hundred fifty-six, nor (2) to any
, adjacent to any segment of interstate highway which traverses
mercial or industrial zones within the * boundaries of incorporated
icipalities, as such boundaries existed on September twenty-nine,
teen hundred fifty-nine, wherein the use of real property adjacent to
Interstate System is subject to municipal regulation or control, or
ch * traverse other areas where the land use as of September twenty-
nineteen hundred fifty-nine, * was clearly established by State * law
idustrial or commercial.

This § 33-317.1 shall not apply to any sign or advertising structure
ted under permit prior to March thirty, nineteen hundred sixty;
vided, however, that any permit granted for the erection or mainte-
ce of any sign or advertising structure in conflict with the provisions
his § 33-317.1 shall automatically expire on June thirty, nineteen
dred sixty-one, and any such permit which shall expire between March
ty, nineteen hundred sixty, and June thirty, nineteen hundred sixty-one,
I not be renewed.

Notwithstanding the foregoing provisions of this section, as to any
ion of the Interstate System which was completed and opened to
fic prior to September one, nineteen hundred fifty-eight, the following
visions shall apply until July one, nineteen hundred sixty-two:

No advertisement or advertising structure shall be erected, main-
ed or operated within five hundred feet of any such portion of the
rstate System, except:

(a) Upon a location that is within one mile of an interchange. This
ance to be measured in a straight line from the center line of the
rsecting roadway, provided that:

(1) The advertisement relates to business establishments offering
ntial services to motorists, limited to automotive services, lodging,
food serving establishments located within ten miles of the inter-
nge at which the sign is posted or the next interchange in either
ction on the Interstate System, along which such signs are erected;

(2) The advertisement or advertising structure does not exceed three
idred square feet in area and conforms to standard designs and colors,
approved by the State Highway Department; and

(3) (a) The number of signs authorized to be erected by the owner
a business is limited to four for each business establishment;

(b) Signs advertising a Virginia scenic or historical place, whether
not such place is maintained wholly at public expense, or by a non-
ofit organization, or is operated as a commercial enterprise;

(c) Signs advertising the sale of property by the owner thereof,
cated on the property to be sold; and
(d) Signs which have been erected prior to June twenty-seven,
nineteen hundred fifty-eight.
2. That § 33-317.3 of the Code of Virginia is repealed.