| (a) For the purposes of this subchapter, a governmental,
commercial or industrial activity is an activity that:
(1) is customarily allowed only in a zoned commercial
or industrial area; and
(2) is conducted in a permanent building or structure
permanently affixed to the real property that:
(A) has an indoor restroom, running water, functioning
electrical connections, and permanent flooring, other than dirt, gravel,
or sand;
(B) is visible from the traffic lanes of the main-traveled
way;
(C) is not primarily used as a residence; and
(D) has at least 400 square feet of its interior floor
space devoted to the activity.
(b) For the purposes of this subchapter, a building
or structure is considered permanently affixed if:
(1) it has an attached septic field or is part of a
sewer system, or is considered to be real property by the county appraisal
district; or
(2) all of the following requirements are met:
(A) it has no wheels attached;
(B) it does not have a towing device, such as hitch
or tongue; and
(C) it has anchoring straps or cables affixed to the
ground using pier footing.
(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) an activity that has not been conducted at its
present location for at least 180 days;
(4) an activity that is not conducted by at least one
person at the activity site, and that is not operated for at least
30 hours per week and on at least four days per week;
(5) the operation or maintenance of:
(A) a commercial sign;
(B) a public space other than the related activities
conducted in a building or structure that meets the requirements of
subsection (a)(2) of this section and the parking facilities for that
building or structure;
(C) an apartment house or residential condominium;
(D) a public or private preschool, secondary school,
college, or university, other than a trade school or corporate training
campus;
(E) a quarry or borrow pit, other than the related
activities conducted in a building or structure that meets the requirements
of subsection (a)(2) of this section and the parking facilities for
that building or structure;
(F) a cemetery; or
(G) a place that is primarily used for worship;
(6) an activity that is conducted on a railroad right
of way; and
(7) an activity that is created primarily or exclusively
to qualify an area as an unzoned commercial or industrial area.
(d) For the purposes of this section, a building is
not primarily used as a residence if more than 50 percent of the building's
square footage is used solely for the business activity.
(e) A sign is not required to meet the requirements
of subsection (a)(2)(C) (as clarified by subsection (d) of this section),
(a)(2)(D), (c)(3), or (c)(4) of this section to maintain conforming
status if the permit for the sign was issued before the effective
date of this section.
|
| Source Note: The provisions of this §21.180 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective April 19, 2012, 37 TexReg 2687; amended to be effective June 19, 2014, 39 TexReg 4668; amended to be effective March 14, 2018, 43 TexReg 1446 |
