761—117.3 (306B,306C) 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:
	 117.3(1) Prohibition. Advertising devices shall not be erected, maintained or illuminated unless they comply with the following:
	  a.   	 No sign shall attempt or appear to attempt to direct the movement of traffic.
	  b.   	 No sign shall interfere with, imitate or resemble any official sign, signal or device.
	  c.   	 No directional sign or sign subject to the more restrictive controls of the bonus Act shall move or have any animated or moving parts.
	  d.   	 No sign shall be erected or maintained upon trees, painted or drawn upon rocks or other natural features.
	  e.   	 No off-premises sign shall include any flashing, intermittent or moving light or lights except those signs giving public service information such as time, date, temperature, weather and news. No on-premises sign located within the adjacent area of an interstate highway but outside an area zoned and used for commercial or industrial purposes, as defined in rule 761—117.1(306B,306C), shall include any flashing, intermittent or moving light or lights except those signs giving public service information such as time, date, temperature, weather and news. Any variation or addition to the stated service information is subject to department approval . This paragraph does not prohibit 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 sign 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.   	 No directional sign or sign subject to the more restrictive controls of the bonus Act shall be obsolete.
	  h.   	 Signs shall be maintained in good repair so as to be legible. Any advertising device that for a period of at least 90 days is in a state of disrepair or is illegible due to deferred maintenance is subject to removal in the manner specified in subrule 117.8(1), and any permit that has been issued for the advertising device is subject to revocation.
	  i.   	 Signs shall be securely affixed to a substantial structure.
	  j.   	 No directional sign or sign 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 off-premises advertising device may be erected within the adjacent area of any interstate, freeway-primary or primary highway that has been designated a scenic highway or scenic byway if the advertising device will be visible from the highway.
	  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 interstate, freeway-primary, or primary highway except for on-premises signs and official signs and notices.
	 117.3(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.
	 117.3(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.
	 117.3(4) Zoning.
	  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 outdoor advertising control purposes.
	  b.   	 Action which is not a part of comprehensive zoning and is taken primarily to permit outdoor advertising devices is not zoning for advertising control purposes.