Iowa Admin. Code r. 761-117.3

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 761-117.3 - General criteria

The department shall control the erection and maintenance of advertising devices, subject to the provisions of these rules, in accord with the following criteria:

(1)Prohibition. Advertising devices shall not be erected, maintained or illuminated unless they comply with the following:

a. No advertising device shall attempt or appear to attempt to direct the movement of traffic.

b. No advertising device shall interfere with, imitate or resemble any sign, signal or device erected by the department within the right-of-way of any primary highway.

c. No advertising device subject to the more restrictive controls of the bonus Act shall move or have any animated or moving parts.

d. No advertising device shall be erected or maintained upon trees, painted or drawn upon rocks or other natural features.

e. No advertising device shall include any flashing, intermittent or moving light or lights except an LED display, provided:

(1) Each change of message is accomplished in one second or less.

(2) Each message remains in a fixed position for at least eight seconds.

(3) No traveling messages (e.g., moving messages, animated messages, full-motion video, scrolling text messages) or segmented messages are presented.

f. No lighting shall be used in any way in connection with any advertising device 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 any highway, or is of such low intensity or brilliance as to not 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. This paragraph does not prohibit an LED display provided the light intensity presented does not exceed that allowed for other illuminated displays.

g. Rescinded 11/3/21, effective 12/8/21.

h. No advertising device shall be in a state of disrepair or illegible for a period of time exceeding 90 days.

i. Advertising devices shall be securely affixed to a substantial structure.

j. No advertising device subject to the more restrictive controls of the bonus Act shall advertise activities which are illegal under federal or state laws in effect at the location of those activities or at the location of the sign.

k. An advertising device shall comply with all applicable state and local laws, regulations and ordinances, including but not limited to zoning, building and sign codes as locally interpreted and applied and enforced, which may be stricter than this chapter.

l. No advertising device may be erected within the adjacent area of any primary highway that has been designated a scenic highway or scenic byway if the advertising device will be visible from the highway. However, if the advertising device was in existence at the time of the designation, subsequent permitting may occur in accordance with Iowa Code section 306C.18.

m. An advertising device shall not be constructed or reconstructed beyond the adjacent area in unincorporated areas of the state if the advertising device is visible from the main traveled way of any primary highway.

(2)Measurements of distance. Distance from the edge of a right-of-way shall be measured horizontally along a line normal or perpendicular to the centerline of the highway. All other measurements of distance shall be measured horizontally between points on a line parallel to the highway centerline.

(3)Measurement of area. The area of an advertising device shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire display area including border and trim, but excluding temporary cutouts and extensions, base, apron, support, and other structural members.

(4)Zoning exclusions.

a. A zone in which limited commercial or industrial activities are permitted incidental to other primary land uses is not a commercial or industrial zone for advertising control purposes.

b. Action which is not a part of comprehensive zoning in accordance with Iowa Code chapter 335 or Iowa Code chapter 414 is not a commercial or industrial zone for advertising control purposes.

c. Action taken primarily to permit advertising devices is not a commercial or industrial zone for advertising control purposes.

Iowa Admin. Code r. 761-117.3

Amended by IAB August 3, 2016/Volume XXXIX, Number 03, effective 9/7/2016

Amended by IAB March 11, 2020/Volume XLII, Number 19, effective 4/15/2020

Amended by IAB November 3, 2021/Volume XLIV, Number 9, effective 12/8/2021