306C.11 - ADVERTISING PROHIBITED.

        306C.11  ADVERTISING PROHIBITED.         Subject to the provisions made in section 306C.13 regarding      control of bonus interstate highways and section 306D.4 regarding      scenic highways or byways, an advertising device shall not be erected      or maintained within any adjacent area, or on the right-of-way of any      primary highway, except the following:         1.  Advertising devices concerning the sale or lease of property      upon which they are located.         2.  Advertising devices concerning activities conducted on the      property on which they are located, nor shall the property upon which      they are located be construed to mean located upon any contiguous      area having inconsistent use, size, shape, or ownership.  However,      businesses located within the limits of a commercial or industrial      development may be advertised on a sign located anywhere within the      development regardless of land ownership.         3. a.  Advertising devices within the adjacent area located in      commercial or industrial zones or in unzoned commercial or industrial      areas in compliance with the regulatory standards of this division      and rules promulgated by the department.         b.  The rules shall be consistent with national standards      promulgated pursuant to 23 U.S.C. § 131 and shall include at least      the following:         (1)  Provision for a fee schedule to cover the direct and indirect      costs related to issuing permits and control of outdoor advertising.         (2)  Specific permit requirements.         (3)  Criteria for on-premise signs.         (4)  Provisions specifying the measurement of required spacing.         (5)  Provisions specifying conforming sign configurations.         4.  Official and directional signs and notices which shall include      but not be limited to signs and notices pertaining to natural      wonders, scenic and historic attractions, and recreational      attractions.  The signs and notices shall conform with rules      promulgated by the department, provided that such rules shall be      consistent with national standards promulgated pursuant to 23 U.S.C.      § 131(c).         5. a.  Signs, displays, and devices giving specific      information of interest to the traveling public shall be erected by      the department and maintained within the right-of-way in the areas,      and at appropriate distances from interchanges on the interstate      system and freeway primary highways as shall conform with the rules      adopted by the department.  The rules shall be consistent with      national standards promulgated from time to time or as permitted by      the appropriate authority of the federal government pursuant to 23      U.S.C. § 131(f) except as provided in this section.  The rules shall      include but are not limited to the following:         (1)  Criteria for eligibility for signing.         (2)  Criteria for limiting or excluding businesses that maintain      advertising devices that do not conform to the requirements of      chapter 306B, this division, or other statutes or administrative      rules regulating outdoor advertising.         (3)  Provisions for a fee schedule to cover the direct and      indirect costs of sign erection and maintenance and related      administrative costs.         (4)  Provisions for specifying the maximum distance to eligible      businesses.         (5)  Provisions specifying the maximum number of signs permitted      per panel and per interchange.         (6)  Provisions for determining what businesses are signed when      there are more applicants than the maximum number of signs permitted.         (7)  Provisions for removing signs when businesses cease to meet      minimum requirements for participation and related costs.         b.  Business signs supplied to the department by commercial      vendors shall be on panels, with dimensional and material      specifications established by the department.  A business sign      included under the provisions of this section shall not be posted      unless it is in compliance with these specifications.  The commercial      vendor shall pay to the department a fee based upon the schedule      adopted under this subsection for each business sign supplied for      posting.  Upon furnishing the business signs to the department and      payment of all fees, the department shall post the business signs on      eligible specific information panels.  Faded signs shall be replaced      and the commercial vendor charged for the cost of replacement based      upon the fee schedule adopted.  There is created in the office of the      treasurer of state a fund to be known as the "highway beautification      fund" and all funds received for the posting on specific information      panels shall be deposited in the "highway beautification fund".      Information on motor fuel and associated services may include vehicle      service and repair where the same is available.         6.  The publication title of a newspaper on a delivery receptacle      attached to a mailbox or mailbox support.  
         Section History: Early Form
         [C73, 75, 77, 79, 81, § 306C.11; 82 Acts, ch 1240, § 1] 
         Section History: Recent Form
         90 Acts, ch 1183, §1, 2; 95 Acts, ch 135, §3; 97 Acts, ch 104, §2;      98 Acts, ch 1075, §19; 2006 Acts, ch 1068, §1; 2006 Acts, ch 1142, §      83; 2007 Acts, ch 143, §1; 2009 Acts, ch 133, §112         Referred to in § 306C.12, 306C.13, 306C.18