| (a) For the purposes of this subchapter, a commercial
or industrial activity is an activity:
(1) that is customarily allowed only in a zoned commercial
or industrial area;
(2) that is conducted in a permanent building or structure
that:
(A) is permanently affixed to real property that is
located within 200 feet of the right of way of the regulated highway;
(B) is visible from the traffic lanes of the main-traveled
way;
(C) is not predominantly used as a residence;
(D) is open and conducting business at the site;
(E) the activity has available to it permanent functioning
utilities that are typically associated with a commercial or industrial
activity; and
(F) the activity has available to it directly related
equipment, supplies, or services.
(b) For the purposes of this section, a building or
structure is permanently affixed if:
(1) it has an attached septic field, is attached to
a sewer system, or is considered to be real property by the county
appraisal district; or
(2) it has anchoring straps or cables affixed to the
ground using pier footing and it has no attached wheels or towing
device, such as hitch or tongue.
(c) The following are not commercial or industrial
activities:
(1) agricultural, forestry, ranching, grazing, farming,
and related activities, including the operation of a temporary wayside
fresh produce stand;
(2) an activity that is conducted only seasonally;
(3) the operation or maintenance of:
(A) a commercial sign;
(B) an apartment house or residential condominium;
or
(C) a public or private school, other than a trade
school or corporate training campus;
(D) a cemetery; or
(E) a place that is primarily used for worship;
(4) an activity that is conducted on a railroad right
of way; or
(5) an activity that is created primarily or exclusively
to qualify an area as a commercial or industrial area.
(d) For the purposes of this section, a building is
not predominantly used as a residence if more than 50 percent of the
building's square footage is used solely for a business activity.
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