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Zoning Bulletin June 10, 2017 I Volume 11 I Issue 11 <br />interests of others. However, the court found that Fourth National did have <br />standing here to the extent it claimed the off -site sign provisions unlaw- <br />fully restricted protected noncommercial speech. The court explained that <br />"if an ordinance restricts both types of speech, 'a party whose purely com- <br />mercial speech has been sanctioned may assert the non-commercial speech <br />rights of others by using the overbreadth doctrine' when it brings its as - <br />applied challenge." "Ultimately," noted the court, "the prohibitions on off - <br />site commercial advertising may be unenforceable if the challenged provi- <br />sions are found unconstitutional due to the impact on noncommercial <br />speech." <br />Thus, the court held that, under those circumstances, Fourth National <br />had standing to challenge the off -site sign provisions as applied to a smaller <br />commercial sign that it represented it wished to install, and also facially to <br />the extent that Fourth National claimed those same provisions unlawfully <br />restricted protected noncommercial speech. <br />See also: Village of Willowbrook v. Olech, 528 U.S. 562, 120 S. Ct. 1073, <br />145 L. Ed. 2d 1060, 30 Envtl. L. Rep. 20360 (2000). <br />See also: XXL of Ohio, Inc. v. City of Broadview Heights, 341 E Supp. <br />2d 765 (N.D. Ohio 2004). <br />Case Note: <br />The City had argued that the off -site sign prohibitions were not unconstitutionally <br />overbroad because other provisions of the City's Zoning Code allowed sufficient <br />protection for noncommercial speech. The court noted that argument addressed <br />the merits of the facial challenge, and not Fourth National's standing to bring that <br />challenge. The merits are to be addressed on remand. <br />Zoning News from Around the <br />Nation <br />IDAHO <br />A new law (signed by Gov. Butch Otter in April) now "forbids cities or <br />counties in Idaho from banning short-term vacation rentals, which are <br />home rentals for 30 days or less." Reportedly, the law does "allow local <br />governments to regulate them with regard to health, safety and welfare; <br />requires zoning ordinances to recognize them as a residential use; and also <br />requires collection of state sales and lodging taxes." <br />S ource: The Spokesman -Review; www.spokesman.com <br />OHIO <br />House Bill 175, which is pending in the state legislature, would report- <br />© 2017 Thomson Reuters 11 <br />