1. (1) For the purposes of this act an unzoned industrial area shall mean the land occupied by the regularly used building, parking lot, storage or processing area of an industrial activity, and that land within 1,000 feet thereof which is:

   1. (a) Located on the same side of the highway as the principal part of said activity,
   2. (b) not predominantly used for residential or commercial purposes, and
   3. (c) not zoned by state or local law, regulation or ordinance.

2. (2) Industrial activities, for purposes of this definition, shall mean those permitted only in industrial zones, or in less restrictive zones by the nearest zoning authority within the state, or prohibited by said authority but generally recognized as industrial by other zoning authorities within the state, except that none of the following shall be considered industrial activities:

   1. (a) Outdoor advertising structures.
   2. (b) Agricultural, forestry, ranching, grazing, farming and related activities; including, but not limited to, wayside fresh produce stands.
   3. (c) Activities normally and regularly in operation less than three months of the year.
   4. (d) Transient or temporary activities.
   5. (e) Activities more than 300 feet from the nearest edge of the main traveled way.
   6. (f) Activities conducted in a building principally used as a residence.
   7. (g) Railroad tracks, minor sidings, and passenger depots.
   8. (h) Junkyards, as defined in K.S.A. 1968 Supp. 68-2203 (c), except junkyards which are appurtenant to and on the same premises as an existing industrial activity.

Editor's Note:

Effective August 15, 1975, the state salvage board was abolished and its powers and duties transferred to the secretary of transportation. At the secretary's request, the board's regulations were transferred to this article.

(Authorized by K.S.A. 68-2204, 68-2212; effective, E-70-7, Nov. 26, 1969; effective Jan. 1, 1971.)