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2014 SESSION
14102056DBe it enacted by the General Assembly of Virginia:
1. That § 33.1-370.2 of the Code of Virginia is amended and reenacted as follows:
§ 33.1-370.2. Maintenance and repair of nonconforming billboard signs.
A. Notwithstanding
any other provision of law, general or special, maintenance
of and repairs to nonconforming billboard signs shall be governed by this
section and any applicable regulations promulgated by the Commissioner of
Highways, known as the "Control and Continuance of Nonconforming Signs,
Advertisements and Advertising Structure." Nonconforming billboard signs
shall be maintained in a good state of repair and shall be subject to removal
for failure to do so, in accordance with § 33.1-375 33.1-377.1. A billboard owner shall not be
required to obtain approval from the Commissioner of
Highways to perform maintenance on a billboard sign. For
purposes of this section, "maintenance" means work performed on a
billboard structure that does not require a structural
alteration, as provided in the Uniform
Statewide Building Code (§ 36-97 et seq.).
B. In order to make repairs to a nonconforming billboard sign, the owner shall make a written request to the Commissioner and submit the documentation required by 24 VAC 30-120-170. The Commissioner shall review the written request and if the Commissioner determines that the cost of requested repairs does not exceed a dollar amount greater than 50 percent of the current replacement cost of the entire billboard sign or structure, the Commissioner shall provide the owner of the billboard sign with a letter approving the billboard sign repairs. In making such determination, the Commissioner shall consider only whether the request satisfies the 50 percent of replacement cost new standard and shall not (i) consider any change in the components, types, or sizes of building materials so long as the square footage of the overall structure or sign face is not enlarged, as provided in § 15.2-2307; (ii) require engineered drawings or a site plan of any kind; or (iii) prohibit the billboard owner from utilizing used building components or materials in making a repair. However, in no case shall a nonconforming billboard sign be replaced or rebuilt if the cost of the replacement or rebuilding exceeds 50 percent of the current replacement cost.
C. The Commissioner shall
review such request and shall issue his approval
letter for the repairs to be made within 30 days of submission by the billboard
owner. Simultaneously with issuance of its approval letter, the Commissioner
shall send a copy of the approval letter with the repair application package
submitted by the billboard owner to the building official in the locality where
the billboard sign is located. The billboard owner of the billboard sign
shall thereafter request to apply for
a building permit from the such locality in which the billboard sign
is located and provide a copy of the approval letter from the Commissioner as
part of the application for the building permit. If the building official
advises the billboard owner that no building permit is necessary, the
billboard owner shall so advise the Commissioner in writing.
D. The
Commissioner's determination as to whether the owner of the billboard sign has
complied with this section shall be binding upon the locality, unless the
building official, for good cause shown, submits to the Commissioner
documentation objecting to the Commissioner's determination, within 30 days of
the building permit application, with a copy of such documentation being
provided to the billboard sign owner. The Upon receipt of a timely
objection from the building official, the Commissioner shall consider any documentation submitted
by the building official and shall reissue a final determination
in accordance with this section, which determination shall be binding upon the
locality. If the locality or the
billboard owner disagrees with the Commissioner's final
determination, an appeal may be filed under the Administrative Process Act (§
2.2-4000 et seq.).