Iowa Admin. Code r. 761-117.5
Current through Register Vol. 47, No.14, January 8, 2025
Rule 761-117.5 - [Effective 2/12/2025] Location, size and spacing requirements(1)Advertising devices lawfully in existence prior to July 1, 1972.a. An advertising device that was lawfully in existence prior to July 1, 1972, including a device located beyond the adjacent area in unincorporated areas, may remain in existence without conforming to the location, size and spacing requirements in this rule provided that a permit is maintained in accordance with rule 761-117.6(306C).b. If the advertising device is located in an adjacent area that is neither a zoned nor an unzoned commercial or industrial area, the device may remain in existence as described in paragraph 117.5(1)"a" only until such time as the device is acquired by the department. The permit issued for the device will be a provisional permit in accordance with Iowa Code section 306C.18(3) and subject to acquisition in accordance with rule 761-117.9 (306B,306C).(2)Advertising devices erected after July 1, 1972. Except as otherwise provided in subrule 117.2(4), advertising devices shall not be erected after July 1, 1972, or subsequently maintained except for those that comply with Iowa Code chapters 306B and 306C and the following criteria:a.Commercial or industrial area. Eligible areas for permitting are limited to the following three areas:(1) Adjacent to interstate highways; areas that are zoned and used for commercial or industrial purposes in accordance with Iowa Code section 306B.2; within 750 feet of the regularly used portion of a commercial or industrial activity visible from the main traveled way; and on the same individual, platted parcel of land as that commercial or industrial activity.(2) Adjacent to noninterstate primary highways; areas that are zoned commercial or industrial.(3) Adjacent to noninterstate primary highways; areas that meet the definition of an unzoned commercial or industrial area.b.Spacing. In addition to the standards contained in Iowa Code sections 306B.2 and 306C.13, the following requirements apply: (1) Spacing standards apply to advertising devices for all highways from which the devices are visible, when more than one highway is in the vicinity of the advertising device.(2) Spacing standards default to unincorporated spacing when both incorporated and unincorporated areas exist within the adjacent area on either side of the highway. However, daylight spacing may be determined by whether the subject location itself is within or outside of the incorporated municipality.(3) Advertising devices subject to the daylight area spacing exemption in Iowa Code section 306C.13(5) are considered in conformity with that Iowa Code section if the catwalk or light ballasts extend out further than the 12 inches specified, provided such parts do not overhang the right-of-way. If the building from which the device is mounted is removed, the permit is revoked.(4) Applications for advertising devices proposed in a location that meets the spacing requirements for that location, but that create a nonconformity to exist with another permitted advertising device, will be denied or adjusted so that the nonconformity is not created.c. The following types of advertising devices are eligible for permits: (1) Single face devices; one permit required.(2) Back-to-back devices; two permits required.(3) V-type devices with the inside angle formed by the two faces not exceeding 60 degrees so that both faces are not readable upon approach; two permits required.(4) Devices commonly referred to as side-by-sides or double-decks are classified as either single face, back-to-back, or v-type, as provided in this paragraph. However, provisions do not exist for panels of copy that may be oriented in the same direction, but that are not lined up on the same vertical and horizontal planes, or that are not physically connected to the same structure with more than two feet of distance between them, or that are owned by different entities.(5) Tri-face devices are classified as v-type devices for permitted purposes from the primary highway in which the two faces are visible. If visibility of the third face exists due to a turn in the highway or another primary highway exists in the vicinity, a third permit is required.(6) Tri-vision devices, with a rotation occurring not more rapidly than four seconds for each display, are classified as either single face, back-to-back, or v-type, as provided in this paragraph, depending upon the structure.Iowa Admin. Code r. 761-117.5
Amended by IAB August 3, 2016/Volume XXXIX, Number 03, effective 9/7/2016Amended by IAB March 11, 2020/Volume XLII, Number 19, effective 4/15/2020Amended by IAB November 3, 2021/Volume XLIV, Number 9, effective 12/8/2021Adopted by IAB January 8, 2025/Volume XLVII, Number 14, effective 2/12/2025