(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 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;
    (D) has at least 400 square feet of its interior floor space devoted to the activity; and
    (E) is within 200 feet of the highway right of way.
(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) an outdoor advertising structure;
    (B) a recreational facility, such as a campground, golf course, tennis court, wild animal park, or zoo, 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 §21.416 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