Section 21.163 - Commercial or Industrial Activity(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:(B) an apartment house or residential condominium; or(C) a public or private school, other than a trade school or corporate training campus;(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.43 Tex. Admin. Code § 21.163
The provisions of this §21.163 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective June 19, 2014, 39 TexReg 4668; Amended by Texas Register, Volume 43, Number 10, March 9, 2018, TexReg 1456, eff. 3/14/2018; Adopted by Texas Register, Volume 49, Number 33, August 16, 2024, TexReg 6265, eff. 9/1/2024