Iowa Admin. Code r. 761-117.3

Current through Register Vol. 47, No.14, January 8, 2025

Rule 761-117.3 - [Effective 2/12/2025] General criteria

(1)Limitations. In addition to the standards contained in Iowa Code section 306C.13, advertising devices shall not be erected or maintained:

a. That attempt or appear to attempt to direct the movement of traffic.

b. That move or have any animated or moving parts in areas subject to Iowa Code chapter 306B.

c. That contain LED displays, unless each advertisement remains in a fixed position on the display screen for at least eight seconds, transitions between advertisements occur within one second, and advertisements are not flashed, rolled, scrolled, or moved in any way on the display screen.

d. Within the adjacent area of a designated scenic byway, unless the erection occurred prior to the date of designation, in which case subsequent permitting may occur in accordance with Iowa Code section 306C.18.

(2)Measurements of distance. Measurements of distance for general spacing purposes are conducted in a horizontal manner parallel with the highway centerline. However, when determining the limits of the adjacent area defined in Iowa Code section 306C.10, measurements from the edge of the right-of-way are conducted in a horizontal manner perpendicular to the highway centerline.

(3)Measurement of size. The size of an advertising device is determined by measuring the smallest square, rectangle, triangle, circle or combination thereof that 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. The following zoning actions are not commercial or industrial zones for advertising control purposes:

a. A zone in which limited commercial or industrial activities are permitted incidental to other primary land uses.

b. Action that is not a part of comprehensive zoning in accordance with Iowa Code chapter 335 or 414.

c. Action taken primarily to permit advertising devices.

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

Adopted by IAB January 8, 2025/Volume XLVII, Number 14, effective 2/12/2025