2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 306C - JUNKYARD BEAUTIFICATION AND BILLBOARD CONTROL
306C.13 - CONTROL BY DEPARTMENT OF TRANSPORTATION.

        306C.13  CONTROL BY DEPARTMENT OF TRANSPORTATION.
         The department shall control the erection and maintenance of
      advertising devices authorized by section 306C.11, subsection 3, in
      accord with the following criteria, except that in the case of bonus
      interstate highways the department shall maintain the controls
      required under chapter 306B or the controls required by this
      division, whichever controls are stricter:
         1.  Advertising devices located within the adjacent area of
      interstate highways and freeway primary highways shall not be erected
      or maintained closer to another advertising device facing in the same
      direction than five hundred feet outside of cities, and within two
      hundred fifty feet if inside of cities.  An advertising device may
      not be located within two hundred fifty feet of an interchange, or
      rest area.  The measurement shall be from the nearest widening
      constructed for the purpose of acceleration or deceleration of
      traffic movement to or from the main-traveled way to the advertising
      device.
         2.  Advertising devices located within the adjacent area of
      primary highways shall not be erected or maintained closer to another
      advertising device facing in the same direction than one hundred feet
      if inside the corporate limits of a municipality.  No advertising
      device, other than as excepted or permitted by subsections 4, 5, or 6
      of this section, shall be located within the triangular area formed
      by the line connecting two points each fifty feet back from the point
      where the street right of way lines of the main-traveled way and the
      intersecting street meet, or would meet, if extended.
         3.  Advertising devices located within the adjacent area of
      primary highways shall not be erected or maintained closer to another
      advertising device facing in the same direction than three hundred
      feet if outside the corporate limits of a municipality.  No
      advertising device, other than those excepted or permitted by
      subsections 4, 5, or 6 of this section, shall be located within the
      triangular area formed by a line connecting two points each one
      hundred feet back from the point where the street right-of-way lines
      of the main-traveled way and the intersecting street meet, or would
      meet, if extended.
         4.  The distance spacing measurements fixed by subsections 2 and 3
      of this section shall not apply to advertising devices which are
      separated by a building in such a manner that only one advertising
      device located within the minimum spacing distance is visible from a
      highway at any one time.
         5.  Within a triangular area, as defined by subsections 2 and 3 of
      this section, occupied by a building or structure, no advertising
      device shall be erected or maintained closer to the intersection than
      the building or structure itself, except that a wall advertising
      device may be attached to said building or structure not to protrude
      more than twelve inches.
         6.  Official and directional signs and notices and advertising
      devices concerning the sale or lease of the property or activities
      conducted upon the property as specified in 23 U.S.C. § 131(c) shall
      not be taken into consideration in determining compliance with
      spacing requirements.
         7.  The minimum distance between two advertising devices facing
      the same direction shall apply without regard to the side of the
      highway on which the advertising devices may be located and shall be
      measured along the center line of the highway between points directly
      opposite the advertising devices.
         8.  Advertising devices shall not be erected, maintained, or
      illuminated:
         a.  In a manner to obscure or otherwise physically interfere
      with an official traffic sign, signal, or device, or to obstruct or
      physically interfere with any driver's view of approaching, merging,
      or intersecting traffic.
         b.  Unless effectively shielded to prevent light from being
      directed at any portion of the traveled highway with such intensity
      or brilliance as to cause glare or to impair the vision of the driver
      of any motor vehicle.
         c.  Which contain, include, or are illuminated by any
      flashing, intermittent, or moving light or lights, except those
      giving public service information such as, but not limited to time,
      date, temperature, weather, news and similar information.
         d.  Which imitate or resemble an official sign or signal or
      device or which are erected or maintained within or closer than three
      hundred feet from scenic areas, as defined and determined by the
      department, or which are located or maintained upon trees, or painted
      or drawn upon rocks or natural features, or which are structurally
      unsafe or in substantial disrepair.
         e.  Which exceed one thousand two hundred square feet in area
      or in the case of a back-to-back or V-type advertising device, with a
      maximum of two facings per advertising device, seven hundred fifty
      square feet in area, including border and trim but excluding base or
      apron, support, and other structural members.
         f.  Which do not comply with all applicable state or local
      laws, regulations and ordinances, including but not limited to
      zoning, building, and sign codes as locally interpreted and applied
      and enforced, or which violate chapter 318; however, nothing in this
      division shall prevent or restrict county or local zoning authorities
      from making a determination of customary use concerning size,
      lighting, and spacing of advertising devices in zoned commercial or
      industrial adjacent areas, and such determinations will be accepted
      in lieu of the standards of this division.  The provisions of this
      division shall not prevent or restrict county or local zoning
      authorities within their respective jurisdictions from establishing
      standards imposing controls stricter than those required by this
      division.
         g.  The standards contained in this section pertaining to
      size, lighting, and spacing shall not apply to advertising devices
      erected or maintained within six hundred sixty feet of the right of
      way of those portions of the interstate highway system exempted from
      control under chapter 306B by authority of section 306B.2, subsection
      4, nor to advertising devices erected and maintained within adjacent
      areas along primary highways within zoned and unzoned commercial and
      industrial areas, unless said advertising devices were erected
      subsequent to July 1, 1972.  

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.13] 

         Section History: Recent Form

         2006 Acts, ch 1097, §15
         Referred to in § 306C.11, 306C.24