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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 21RIGHT OF WAY
SUBCHAPTER HCONTROL AND SCREENING OF JUNKYARDS AND AUTOMOBILE GRAVEYARDS
RULE §21.132Definitions of Zoned and Unzoned Industrial Areas

(a) Zoned industrial areas for the purpose of controlling junkyards and automobile graveyards are areas adjacent to those highways which are officially designated as a part of the interstate system or primary system of highways located within the State of Texas which areas are within 1,000 feet of the nearest edge of the highway right-of-way provided such areas are zoned industrial under the zoning or other legal authorities of this state.

(b) An unzoned industrial area shall mean an area within 1,000 feet of the nearest edge of the highway right-of-way in which the land use is not so designated or zoned under authority of law but which is within a distance of 1, 000 feet measured parallel to the highway of one or more recognized industrial activities. Other detailed characteristics of said areas: shall be located on the same side of the highway as the principal part of said activity; and not predominantly used for residential or commercial purposes. Industrial activities mean those customarily permitted only in zoned industrial areas except that none of the following shall be considered industrial activities:

  (1) outdoor advertising structures;

  (2) agricultural, forestry, ranching, grazing, farming, and similar activities including but not limited to wayside fresh produce stands;

  (3) transient or temporary activities;

  (4) activities not visible from the main traveled way;

  (5) activities more than 1,000 feet from the nearest edge of the right-of-way;

  (6) activities conducted in a building principally used as a residence;

  (7) railroad tracks and minor sidings except in the area of a permanent facility for loading and unloading trains;

  (8) junkyards as defined in §2G of the Highway Beautification Act.

(c) Should one or more of said industrial activities not front on the highway, the width of the activity or activities measured parallel to the highway at the widest point of the activities and within 1,000 feet of the right-of-way will be considered to be its highway frontage. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage, or processing areas of the industrial activities and shall be along or parallel to the edge of the pavement of the highway. Measurements shall not be from the property lines of the activities unless said property lines coincide with the regularly used buildings, parking lots, storage, or processing areas.


Source Note: The provisions of this §21.132 adopted to be effective January 1, 1976.

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