TITLE 40

HIGHWAYS AND BRIDGES

CHAPTER 1

DEFINITIONS

40-122.  Definitions — U. 

(1)  "Unzoned commercial or industrial areas" mean those areas not zoned by state or local law, regulation or ordinance which are occupied by industrial or commercial activities, other than outdoor advertising signs, and the lands along the highway for a distance of six hundred (600) feet immediately abutting to the area of the activities. All measurements shall be from the outer edge of the regularly used buildings, parking lots, storage or processing areas of the activities, and shall be along or parallel to the edge of pavement of the highway.

"Commercial or industrial activities" mean those activities generally recognized as commercial or industrial by zoning authorities in the state, except that none of the following activities shall be considered commercial or industrial:

(a)  Agricultural, forestry, grazing, farming and related activities including wayside fresh produce stands.

(b)  Transient or temporary activities.

(c)  Activities not visible from the main traveled way.

(d)  Activities conducted in a building principally used as a residence.

(e)  Railroad tracks and minor sidings.

(2)  "Urban areas" mean any geographical area within the city limits of any incorporated city having a population of five thousand (5,000) or more inhabitants. Population numbers referred to shall be determined by the latest United States census.

(3)  "Utility" means any publicly, privately or cooperatively owned utility.

History:

[40-122, added 1985, ch. 253, sec. 2, p. 593.]