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

(a) the industrial permanent buildings, improvements, or industrial activities area used to qualify an area must be located within 660 feet of the right-of-way of an interstate or primary highway;

(b) an industrial business may not be located inside a structure which is used for a residence, or in a building intended for use by the resident such as a garage or other outbuilding. If a residence exists on the location, the location shall not qualify for use as an industrial activities area;

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

(d) signs, displays, or other devices identifying any industrial business may be considered in the determination of visibility;

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

(f) an industrial activities area may include readily identifiable areas for which the primary uses are the manufacturing, servicing, or storage of goods;

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

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

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

(2) A maximum of two signs shall be permitted from a qualifying industrial 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 industrial areas are not created when:

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

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

(4) If the qualifying industrial activity 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 industrial activity again becomes operational at the sign location, the sign will revert to its former conforming status for the duration of the industrial activity and nine months thereafter.

(5) The department shall be the sole determinant as to whether an area qualifies as an unzoned industrial activity.