Judges: K. N. AYERS
Agency: Department of Transportation
Latest Update: Jun. 04, 1979
Summary: Two signs must be removed for violation of zoning and/or set-back laws. The third may be permitted upon application within thirty days of Final Order.
78-1056.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
STATE OF FLORIDA ) DEPARTMENT OF TRANSPORTATION, )
)
Petitioner, )
)
vs. ) CASE NO. 78-1056T
)
CIRCLE F DUDE RANCH CAMP, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on 12 July 1978, Bartow, Florida.
APPEARANCES
For Petitioner: John J. Rimes, III, Esquire
Room 562, Haydon Burns Building 605 Suwannee Street
Tallahassee, Florida 32304 Respondent, or representative, was not present.
By Notice of Alleged Violations dated 1 May 1978, the Department of Transportation (DOT) , Petitioner, seeks removal of three signs maintained by Respondent on SR 60.
By letter dated May 12, 1978 Respondent requested a hearing on the Notice of Violation and a copy of the Notice of Hearing dated June 23, 1978 was sent to Respondent and to the attorney to whom Respondent had sent a copy of his letter of 12 May 1978.
One witness was called by petitioner and three exhibits were admitted into evidence.
FINDINGS OF FACT
Respondent has three signs on SR 60 located (1) 20.2 miles west of Osceola County line, (2) 5.27 miles east of US 27 and (3) 6.18 miles east of US 27, respectively.
SR 60 is a federal-aid primary highway and the signs were inspected by Petitioner's agent on April 6, 1978. The inspection revealed that permits had been issued for none of these signs. Additionally, the sign first noted above is in an area not zoned commercial or industrial.
With respect to the second sign above noted the exact location of the sign by legal description is needed to ascertain if the sign is located in an area zoned commercial.
The third sign above noted, in addition to never having been permitted, is located in the right-of-way of SR 8() and is not in an area zoned commercial.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and the charges.
Section 479.07 Florida Statutes provides no person shall erect or operate a sign along any federal-aid primary highway without first obtaining a permit from the Department of Transportation.
Limitations on granting such permits are contained in Sections 479.11 and 479.111 Florida Statutes which provide in pertinent part:
No advertisement, advertising sign or advertising structure shall be constructed, erected, used, operated or maintained:
Within 600 feet of the nearest edge of the right-of-way of all portions of the. . . federal-aid primary system except as provided in s. 479.111, or within 15 feet of the outside boundary of any other federal or state highway. . . .
Only the following signs shall be permitted within controlled positions of the interstate and federal-aid primary systems:
Signs in commercial and industrial zoned or commercial and industrial unzoned areas subject to agreement established by s. 479.02.
Since none of the signs have been permitted all are in violation of Section 479.07 Florida Statutes. Sign (3) above is in violation of both zoning and setback laws and sign (2) may be in violation of the zoning requirements of Section 479.111 Florida Statutes above quoted.
From the foregoing it is concluded that signs (1) and (3) above (on SR 60, 20.2 miles west of Osceola County line and 6.18 miles east of US 27) are in violation of the statutes, cannot he brought within the requirements of these statute and must be removed. It is further concluded that sign (2) above (on SR 60, 5.27 miles east of US 27) may be located in an area zoned commercial or industrial and can properly be permitted in that area. However, Respondent must establish the zoning for the location when applying for a permit. It is therefore
RECOMMENDED that the two signs of Circle F Dude Ranch located on SR 60,
20.2 miles west of the Osceola County line and 6.18 miles east of US 27 respectively be removed. It is further
RECOMMENDED that Respondent be given 30 days from the date of this Order to apply for a permit for the sign located on SR 60, 5.27 miles east of US 27. In
the event such application is not made within the 30 days it is recommended the sign be removed.
DONE AND ENTERED this 28th day of July, 1978, in Tallahassee, Florida.
K. N. AYERS Hearing Officer
Division of Administrative Hearings Room 101, Collins Building
Mail: Room 530, Carlton Building Tallahassee, Florida 32304
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 28th day of July, 1978.
COPIES FURNISHED:
John J. Rimes, III, Esquire Department of Transportation Room 562, Haydon Burns Building 605 Suwannee Street
Tallahassee, Florida 32304
Jeffrey S. Weiner, Esquire Rivergate Plaza, Suite 700
444 Brickell Avenue Miami, Florida 33131
George F. Fischbach, President Circle F Dude Ranch Camp
Lake Wales, Florida 33853
Docket for Case No: 78-001056
Orders for Case No: 78-001056
| Issue Date |
Document |
Summary |
|
May 31, 1979 |
Agency Final Order
|
|
|
Jul. 28, 1978 |
Recommended Order
|
Two signs must be removed for violation of zoning and/or set-back laws. The third may be permitted upon application within thirty days of Final Order.
|
