Cal. Code Regs. tit. 4, § 2401
Measurement of Distances from a Commercial or Industrial Activity.
Effective Dec 23, 2004Register 2004, No. 48Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference: Sections 5205, 5223 and 5408, Business and Professions Code; 23 CFR Section 750.708; and 23 USC Section 131.State of California
- (a) A Display is placed in a business area when the Display is on property zoned as commercial or industrial by the local zoning authority and is within 1,000 feet of a commercial or industrial activity.
(b) To determine if a Display is within 1,000 feet of a commercial or industrial activity, measurement is made “in each direction”. Measurement of distance to a Display is made along or parallel to the edge of the pavement of the main-traveled way from the outer edge of a commercial or industrial activity. The display also is within 1,000 feet when measuring the summation of the distance of “A” and “B”. Refer to Diagram 3-1, Figures 1 and 2.
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- (c) An “activity” is located within 1,000 feet of the right of way and includes all buildings, structures, and related commercial and industrial uses, such as a driveway or a parking lot.
(d) Examples of activities not considered commercial or industrial include, but are not limited to, the following:
- (1) A Display.
- (2) Agricultural, forestry, grazing, farming and related activities, including, but not limited to wayside fresh produce stand vending.
- (3) A commercial or industrial activity that is unbuilt, transient, temporary, or open for less than 100 days a year.
- (4) Railroad tracks.
- (5) An activity conducted in a building principally used as a residence.
- (6) Any activity that does not have state or local business licenses and/or permits which are required to legally engage in the qualifying activity.
Note: Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference: Sections 5205, 5223 and 5408, Business and Professions Code; 23 CFR Section 750.708; and 23 USC Section 131.
History
1. Amendment filed 8-21-74; effective thirtieth day thereafter (Register 74, No. 34).
2. Repealer of former section 2401 and renumbering of former section 2402 to section 2401, including amendment of section heading, section and Note, filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
3. New subsection (d)(6) filed 11-23-2004; operative 12-23-2004 (Register 2004, No. 48).