(1) The following criteria shall be used to determine whether an activity qualifies an area to be considered unzoned commercial:

(a) the commercial 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;

(b) a commercial business may not be located inside a structure which is also used as a residence, nor in a building intended for use by the resident such as a garage or other outbuilding. If a residence exists on the location, the business must be located in a separate building from the residence, and must meet all requirements in this rule for utilities, parking, etc.;

(c) commercial activities shall have been in business at least one year prior to being considered as qualifying the area as an unzoned commercial area;

(d) the permanent buildings or improvements comprising a commercial business intended to serve the traveling public must be clearly visible to the traveling public and be easily recognizable as a commercial activity;

(e) a commercial activity must be connected to one or more utilities and shall be occupied and open to the public during regularly scheduled hours in excess of 20 hours per week;

(f) signs, displays, or other devices identifying the commercial business may be considered in the determination of visibility;

(g) seasonal (but not temporary or transient) commercial activities may be considered as a qualifying activity at the discretion of the department;

(h) a commercial activity shall have direct vehicular access from a public road that is normal and customary for ingress and egress by the public to the activity as well as adequate parking to accommodate public access;

(i) a commercial activity shall include two or more customary facilities such as indoor restrooms, running water, functional electrical connections, and adequate heating and shall be equipped with a permanent flooring from material other than dirt, gravel, or sand;

(j) a commercial business shall hold a current, valid business license issued by a local, county, or state government which authorizes the business to operate from that location;

(k) any commercial building shall have a permanent foundation, built or modified for its current commercial use. Where a mobile home is used as a business office, all wheels and axles and springs shall be removed. The vehicle shall be permanently secured on piers, pad, or foundation;

(l) a self-propelled vehicle shall not qualify for use as a commercial business or office for the purpose of these rules.

(2) A maximum of two signs shall be permitted from a qualifying activity. The sign(s) shall be located on the same side of the controlled highway as the qualifying activity, unless the property is separated from the controlled highway by a frontage, access, or other type of road parallel to the controlled highway. If the property is located adjacent to a parallel road, the sign(s) shall be located on the same side of the parallel road as the qualifying activity, and shall not be located between the parallel road and the controlled highway.

(3) Unzoned commercial areas are not created when:

(a) a commercial activity is located either partially or totally within an area which has been zoned by a bona fide state, county, or local zoning authority;

(b) a commercial activity is engaged in or established primarily for the purpose of qualifying an area for the displaying of outdoor advertising;

(c) activities are conducted in a building that is used to store trade equipment or that is not integral to the business operation where actual business transactions take place;

(d) spot-zoning or strip-zoning of an area for the displaying of outdoor advertising has occurred.

(4) If the qualifying commercial business at the sign location ceases for a period of nine months, the sign will be deemed nonconforming, and must adhere to all outdoor advertising statutes and rules on repair or replacement of nonconforming signs. If a qualifying commercial business again becomes operational at the sign location, the sign will revert to its former conforming status for the duration of the business operation and nine months thereafter.