Virginia Law

The following words and terms when used in this chapter shall have the following meanings unless the content clearly indicates otherwise:

"Agribusiness" means an establishment that is open year-round or seasonally, is located on an individual farm dedicated to selling fresh locally-produced products, and for which at least 50% of sales are from Virginia-grown and produced products.

"Alternative fuel" means any fuel, other than conventional gasoline or diesel, that is used to power motor vehicles, including electricity, compressed natural gas (CNG), liquefied petroleum gas (LPG), propane autogas, ethanol blends of E85 or greater, biodiesel, hydrogen, and any other fuels that may be approved by the Virginia Department of Energy.

"Amusement or theme park" means a commercially operated enterprise offering rides, games, or other forms of entertainment. This includes sports parks offering multiple activities such as a golf driving range, go-carts, miniature golf, or batting cages.

"Antique business" means an establishment where a majority of the items for sale are considered being in the style or fashion of former times.

"Aquarium" means an establishment where collections of aquatic living organisms are kept and displayed.

"Arboretum" means a facility used for the cultivation of a variety of woody plants for scientific, educational, or ornamental purposes.

"Art or craft center" means an exhibit, display, or retail facility for regional fine arts or handcrafted products that is open to the public.

"Auction house" means an establishment where items or property are offered for sale to the highest bidder.

"Auditorium" means a large building or room set aside to accommodate an audience for the presentation of meetings or performances.

"Bed and breakfast" means an establishment that describes itself as a bed and breakfast in an on-premise sign and in all marketing materials that (i) has no more than 15 bedrooms; (ii) offers to the public, for compensation, transitory lodging or sleeping accommodations; and (iii) offers at least one cooked meal per day to each person to whom overnight lodging is provided.

"Botanical garden" means a facility used for the cultivation of trees and shrubs for exhibition.

"Brewery" means an establishment licensed by the Virginia Alcoholic Beverage Control Authority that produces brewed alcoholic beverages and offers tours of the production facility.

"Bumping" means the removal of a business from the Specific Travel Services (LOGO) Signing Program or Tourist-Oriented Directional Signing (TODS) Program.

"Cemetery" means any national or state veterans cemetery operated by the U.S. Department of Veterans Affairs or the Virginia Department of Veterans Affairs and any associated columbaria.

"Cidery" means an establishment licensed by the Virginia Alcoholic Beverage Control Authority that produces fermented alcoholic beverages and offers tours of the production facility.

"Civic center" means a dedicated center used by members of the locality for social, cultural, or community activities.

"College or university - main campus" means the main campus of a higher educational institution and the contiguous real estate and improvements owned and operated by the educational institution, housing the administrative, educational, and other programs of the institution, that gives visitors the clear impression the visitors have entered a campus setting. An educational institution may have more than one main campus located within the state provided each facility meets the description in this definition and the facilities are not closer than 50 miles to each other. The distance limitation does not apply to campuses of the Virginia Community College System.

"College or university - satellite campus" means facilities associated with an institution of higher education located within 25 miles of the limits of the main campus of that institution. Facilities sharing space in commercial centers, office parks, industrial centers and similar settings may constitute satellite facilities if meeting the description in this definition.

"Distillery" means an establishment licensed by the Virginia Alcoholic Beverage Control Authority that produces distilled alcoholic beverages and offers tours of the production facility.

"Drive-in theater" means a facility with a permanent outdoor screen, a minimum of 75 parking spaces available for guests to view the screen from their automobiles, public restrooms, and a concession stand open during the theater's normal hours of operation, that shows major motion pictures, as defined by the Motion Picture Association of America, at least two nights per week for a minimum of 12 weeks per year. Drive-in theaters are exempt from the minimum hours of operation typically required for program participation by the LOGO and TODS attractions criteria.

"Equestrian center" means a facility, marketing itself as an "equestrian center," dedicated to the public education and recreational enjoyment of horses through a variety of features such as riding lessons, training facilities and clinics.

"Farmer's market" means a year-round or seasonal open air or permanent facility, marketing itself as a "farmer's market," where multiple farmers come to sell their products to the consumer.

"Flea market" means an open-air market for second-hand articles and antiques.

"For-profit Virginia educational institution" means a for-profit educational institution with its main campus located in Virginia that (i) has for at least five consecutive years awarded academic degrees approved by the State Council for Higher Education in Virginia; (ii) offers programs in workforce training or job readiness that contribute to Virginia's economic growth and development; and (iii) has combined annual enrollment of at least 1,000 at its main campus and any branch location situated within a radius of 25 miles from the main campus.

"Gallery" means a facility that is used for the exhibition of artistic work that is open to the public.

"GMSS" means General Motorist Service Signs Program, the signage program that uses standard highway symbols to inform motorists of the availability of services that fulfill the needs of the road user, such as fuel, food, lodging, camping, or hospitals.

"Golf course" means an establishment offering rounds of golf on an area of land laid out exclusively for golfing, with a series of nine or 18 holes, each including a tee, fairway, and putting green.

"Government office" or "courthouse" means a permanent government facility, in continuous operation, that provides public services where it is necessary or convenient for the public to travel to the facility to obtain these services.

"High school," "junior high school," "middle school, or "elementary school" means a facility accredited by the State Board of Education, or that has an accreditation recognized by the State Board of Education, that provides significant public service through the use of its facilities for both scholastic and community activities, during the day and night, on a year-round basis. Signs for these facilities will not be placed on limited access highways.

"Historic district" means a district that is officially listed in the Virginia Landmarks Register, with at least one facility, establishment, or business located within the historic district that provides information about the historic district that is open to the public at least six hours per day, five days per week.

"Historic site" means a site, facility, building, cemetery, or structure that is officially listed in the Virginia Landmarks Register and is open to the public at least six hours per day, five days per week. Only the official name of the building or site listed in the Virginia Landmarks Register may be used, except where a historic district is designated.

"Hospital" means a licensed facility providing continuous emergency medical care to the general public that has a licensed medical doctor on duty 24 hours per day, 365 days per year.

"IDSP" means the Integrated Directional Signing Program, the general signage program administered by the Virginia Department of Transportation or its agents that is designed to provide information to the motoring public relating to locations that are open to the general public, including gas and motor vehicle services, food, lodging, attractions, or other categories.

"Interchange" means a grade separated intersection with one or more turning roadways for travel between intersection legs, or an intersection at grade where two or more highways join or cross.

"Intersection" means the area embraced within the prolongation or connection of the lateral curblines, or if none, then the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles travelling on different highways joining at any other angle may come into conflict.

"Legacy sign" means that an exemption was granted from the existing regulatory requirements based on the establishment continuing to meet previous criteria. Any sign that is participating under the Integrated Directional Signing Program as a legacy sign cannot be removed from the program as long as it continues to meet the previous criteria and continues to meet the financial obligations required to participate in the Integrated Directional Signing Program.

"LOGO" means the Specific Travel Service Signs Program, the signage program that uses illustrated logos to provide motorists with directional guidance to the providers of gas, food, lodging, camping, and attraction destinations at interchanges along the interstate system and other limited access roadways in Virginia.

"Military facility" means a continuous and permanent operation that has a minimum of 5,000 employees and permanently assigned military personnel. Only a base or main facility is eligible for signage. Individual facilities on a base are not eligible for signage.

"Museum" means a facility dedicated to the acquisition, conservation, study, exhibition, or educational interpretation of objects having scientific, historical, or artistic value.

"Natural attraction" means a naturally occurring anomaly, such as a cavern or rock structure, among others, that is maintained and marketed as a natural attraction.

"Nursery or greenhouse" means an establishment that grows or offers for sale plants, trees, or associated items.

"Park - municipal" means a park that is open to the public and maintained by a local government.

"Park - national" means a park that is maintained by the National Park Service.

"Park - regional" means a park that is open to the public and maintained by a local or state government and which serves a general geographic region.

"Park - state" means a park that is open to the public and maintained primarily by a state government agency.

"Pavilion" means an ornamental roofed facility used for sporting events or other amusements.

"Power plant" means a facility producing electrical energy that has a staffed visitor center open to the public.

"Public boat landing" means a facility owned, operated, and maintained by a government entity, and constructed and maintained in accordance with the standards of the Virginia Department of Wildlife Resources. IDSP signs for public boat landings are designed and located in accordance with Virginia Department of Transportation standards and are not installed on limited access highways.

"Racetrack" means an indoor or outdoor arena with seating for spectators that is used primarily for the presentation of racing events.

"Recycling facility" means a public collection site that is operated, controlled, or officially sponsored by a government agency, specifically for newspaper, glass, aluminum cans, plastic, or other recyclable materials that is open to the public. IDSP signs for recycling facilities may be placed on non-limited access roads up to one mile from the facility and may not be placed on limited access highways.

"Regional retail facility" means a unified facility where more than 10 retail businesses are located that (i) prints and distributes promotional brochures over 50 miles from its location or regularly advertises in media over 50 miles from its location; (ii) receives one-third or more of annual sales from visitors from over 50 miles from its location (as determined by customer survey or credit card tracking data, or both, provided by the regional retail facility ); and (iii) employs a staff person for the promotion, advertising, marketing, or sales to persons over 50 miles from its location. Consideration will be given to recommendations of the Virginia Tourism Corporation relative to the determination of a regional retail facility.

"Research facility" means a place that conducts scientific, technological, or academic experiments and has a staffed visitor center open to the public.

"Ski resort" means a facility open to the general public that provides winter-related outdoor activities during the normal operating season.

"Stadium" means an enclosed or open-air venue used for the presentation of sporting events, concerts, or other entertainment, and includes amphitheaters, arenas, coliseums, concert halls, and concert pavilions.

"Supplemental guide signs" or "SGS" means the signage program that guides motorists to specific cultural, recreational, historical, governmental, educational, military, and other sites of similar interest on limited access, primary, and secondary highways.

"Tourist information center" or "welcome center" means a facility that provides travelers and visitors with information about a specific area and is approved by the President of the Virginia Tourism Corporation, with written approval provided to VDOT from the Virginia Tourism Corporation prior to the installation of signs.

"TODS" means Tourist Oriented Directional Signs Program, the signage program that guides motorists to tourist-oriented businesses, services, and activity facilities along rural primary and secondary highways that do not have limited access.

"Water-oriented business" means a business that includes canoe liveries, raft liveries, marinas, water parks, wave pools, and other similar businesses providing access to or facilities for waterborne recreational activities.

"Winery" means a farm winery operation licensed by the Virginia Alcoholic Beverage Control Authority that produces fermented alcoholic beverages and is open to the public offering tours of the production facility.

"VDOT" means the Virginia Department of Transportation.

"Virginia Wine trail" or "wine trail" means a trail that consists of a group of three or more wineries that have declared their intention to be a wine trail and published joint marketing materials.

"Zoo" means an establishment licensed by the U.S. Department of Agriculture that has non-portable, permanent structures for the display of animals and that keeps wild animals for exhibition to the public. Businesses taking part in the selling of animals to the general public, such as pet shops or animal breeders, do not qualify under this definition.