(1) As clarification of the statutory requirements, the following criteria shall be used to determine whether an activity qualifies an area to be considered unzoned commercial or industrial:

(a) The permanent buildings or improvements comprising a business used to qualify an area must be located within 660 feet of the right-of-way of an interstate or primary highway. A business located on what is primarily used as residential property will not qualify an area as an unzoned commercial or industrial area. Commercial and industrial activities shall have been in business at least one year prior to being considered as qualifying the area as an unzoned commercial or industrial area.

(b) The permanent buildings or improvements comprising a business intended to serve the traveling public must be clearly visible to the traveling public and be easily recognizable as a commercial activity. A commercial activity shall be occupied and open to the public during regularly scheduled hours in excess of 20 hours per week. Signs, displays or other devices identifying the business may be considered in the determination of visibility. Seasonal (but not temporary or transient) activities may be considered as a qualifying activity at the discretion of the Montana Department of Transportation. Industrial activities comprise the area occupied by the regularly used buildings, parking lot or storage or processing area of an industrial activity located within 660 feet of an interstate or primary highway not predominantly used for commercial purposes.

(c) If the activity is over 660 feet from the nearest point of the highway, and is accessed by an approach and road from the highway, any sign, landscaped area or appurtenance associated with the activity adjacent to the approach and access road shall not be used to qualify off-premise signs.

(d) A maximum of two signs shall be permitted from a qualifying activity, and they shall be located on the same side of and adjacent to the controlled highway of the qualifying activity.

(e) No industrial or commercial activity which is located either partially or totally within an area which has been zoned by a bona fide state, county, or local zoning authority may be used to qualify an area as an unzoned commercial or industrial area.

(f) A commercial or industrial activity engaged in or established primarily for the purpose of qualifying an area for the displaying of outdoor advertising will not create an unzoned commercial or industrial area. It shall be rebuttably presumed that any such activity is for the primary purpose of qualifying an area for outdoor advertising if the activity is not reasonably accessible to the public, if it is not connected to one or more utilities, or if no business is actually conducted on the premises.