Judges: WILLIAM B. THOMAS
Agency: Department of Transportation
Latest Update: Jun. 20, 1983
Summary: Application for sign permits denied where the applied-for location would be violative because it is within 500 feet of another sign.
82-1444STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
LAMAR ADVERTISING COMPANY, )
)
Petitioner, )
)
vs. ) CASE NO. 82-1444T
) DEPARTMENT OF TRANSPORTATION and ) BILL SALTER ADVERTISING, INC., )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William B. Thomas, held a formal hearing in this case on February 14, 1983, in Pensacola, Florida.
APPEARANCES
For Petitioner: P. Michael Patterson, Esquire
905 West Moreno Street Pensacola, Florida 32501
For Respondent: Vernon L. Whittier, Jr., Esquire Department of Haydon Burns Building, Mail Station 58 Transportation Tallahassee, Florida 32301-8064
For Respondent: Mark J. Proctor, Esquire Bill Salter Post Office Box 12308 Advertising, Inc. Pensacola, Florida 32501
This case arose from the Department's denial of the Petitioner's application for permits for signs facing east and west and located on U.S. 90,
milewest of State Road 89 in Santa Rosa County, Florida. The issue to be resolved is whether permits should be granted the Petitioner for outdoor advertising signs facing east and west at this location.
FINDINGS OF FACT
There are four sign locations involved in this case. The first is on the property of J. S. Lee and is located 0.5 mile west of State Road 89 on the south side of U.S. 90 in Santa Rosa County. The second site is located 30 to 35 feet west of the Lee property and is also described as being miles west of State Road 89 on the south side of U.S. 90. The third location is described as 0.6 miles west of State Road 89 on the south side of U.S. 90, fifteen (15) feet from the right of way of U.S. 90. The fourth location is within the vicinity of 0.6 mile west of State Road 89 on U.S. 90, and is also described as 10.6 miles east of the Escambia County line in Santa Rosa County, Florida. U.S. 90 is a Federal-Aid Primary Highway.
On February 25, 1982, Bill Salter Advertising, Inc., entered into a lease agreement with J. S. Lee to erect a sign on his property adjacent to U.S.
This lease gave Bill Salter permission to erect outdoor advertising signs at the location 0.5 mile west of State Road 89 on the south side of U.S. 90 in Santa Rosa County.
On February 25, 1982, Bill Salter Advertising, Inc., applied to the department of Transportation for a permit to erect a sign on the Lee property at
0.5 of a mile west of State Road 89 on U.S. 90, facing east.
On March 10, 1982, Bill Salter Advertising, Inc., made application to the Department of Transportation for a permit to erect an outdoor advertising sign on the Lee property at 0.5 of a mile west of State Road 89 on U.S. 90, facing west.
Subsequent to the filing of these applications by Bill Salter Advertising, Inc., a representative of the Department of Transportation advised an employee of Bill Salter Advertising, Inc., that the application for the outdoor advertising sign facing east could be approved, but that the Department could not approve the application for the sign facing west.
Notwithstanding this representation, the Department of Transportation disapproved both applications submitted by Bill Salter Advertising, Inc., for permits to erect two signs at 0.5 of a mile west of State Road 89 on U.S. 90, facing east and west.
On February 25, 1982, Bill Salter Advertising, Inc., executed a permit cancellation affidavit to cancel a permit for a ten foot by thirty-two foot outdoor advertising sign, tag number 2156-8, located on U.S. 90 approximately
10.6 miles east of the Escamhia County line. This location is close to the location known as .6 miles west of State Road 89 on U.S. 90. This permit was cancelled so that Bill Salter could apply for permits to erect outdoor advertising signs at 0.6 mile west of State Road 89 on U.S. 90.
On February 25, 1982, Bill Salter Advertising, Inc., made application to the Department of Transportation for permits to erect signs located 0.6 mile west of State Road 89 on U.S. 90, facing east and west.
This property located at .6 miles west of State Road 89 on U.S. 90 is owned by William O. Salter, and has been owned by him at all times pertinent to this proceeding. On January 1, 1973, William O. Salter leased this property to Bill Salter Advertising, Inc., to erect outdoor advertising signs thereon.
Subsequent to the application filed by Bill Salter Advertising, Inc., for two permits to erect signs located at 0.6 mile west of State Road 89 on U.S. 90, facing east and west, an employee of Bill Salter met with a representative of the Department of Transportation to ascertain the exact location of the signs to be erected at 0.6 mile west of State Road 89. At this meeting the employee of Bill Salter Advertising, Inc., showed the Department's representative exactly where the proposed signs would be located.
When Bill Salter Advertising, Inc. cancelled its permit at a location close to 0.6 mile west of State Road 89 on U.S. 907 and applied for two permits at an exact location 0.6 mile west of State Road 89 on U.S. 90, Bill Salter had not removed its sign at the cancelled permit location.
Based upon this fact, the Department of Transportation initially returned the permit application to Bill Salter Advertising, Inc., because of the policy of the Department that all existing structures had to be removed before new permits could be issued.
Subsequently, the Department of Transportation changed this policy with respect to removal of signs, and determined that Bill Salter Advertising, Inc., could have its permit application approved at 0.6 mile west of State Road
89 on U.S. 90, even though it had not removed its sign at the location where it had requested the permit cancellation.
The application for permits submitted by Bill Salter Advertising, Inc., was received by the Department of Transportation on February 29, 1982.
On March 15, 1982, the Petitioner, Lamar Advertising Company, submitted its application for permits to erect two outdoor advertising signs located 0.5 mile west of State Road 89 on U.S. 90, facing east and west.
The Department of Transportation made the determination that the application submitted by Bill Salter Advertising, Inc. , for permits located 0.6 mile west of State Road 89 on U.S. 90 was received before the permit applications submitted by the Petitioner, Lamar Advertising Company, for locations at 0.5 mile west of State Road 89 on U.S. 90. In addition, the Department determined that the prior submission of the Salter application precluded approval of the application submitted by the Petitioner, Lamar Advertising Company, beacuse of the 500 foot spacing requirements on Federal-Aid Primary Highways.
Based upon these determinations, the Department of Transportation denied the application submitted by the Petitioner, Lamar Advertising Company and approved the application submitted by Bill Salter Advertising, Inc.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this case. Section 120.57(1), Florida Statutes. The Department of Transportation has the authority to regulate outdoor advertising signs and issue permits pursuant to Chapter 479, Florida Statutes.
A person or entity desiring to erect an outdoor advertising sign in Florida must first obtain a permit from the Department of Transportation and secure the written permission of the property owner.
Section 479.07(6), Florida Statutes, provides:
No person shall erect or cause to be erected an advertising structure, advertising sign or advertisement upon the property of another without first securing the written permission
of the owner or lessee of said property and applying for and receiving a current permit tag as herein provided.
Section 479.13, Florida Statutes, provides:
No person shall construct, erect, operate, use or maintain any outdoor advertising structure, outdoor adver- tising sign or advertisement without the written permission of the owner or other person in lawful possession or control of the property on which such structure or sign is located.
Section 14-10.06(1)(b)3., Florida Administrative Code, provides: Federal-Aid Primary Highways
No two structures shall be spaced less than five hundred (500) feet apart on the same side of the highway facing the same direction.
Section 14-10.04(1)(c) Florida Administrative Code, provides in part:
Where two applications from different advertisers...are competing for the same site, the first application received by the district office will be the first considered for approval. If the first one received is approved the second application will be disap- proved and returned to the advertiser.
At the time Bill Salter Advertising, Inc. applied for permits at the
0.5 mile and 0.6 mile locations it had property under lease from the owners. The Bill Salter Advertising, Inc. application was first in point-of-time before that submitted by Lamar Advertising Company for locations that would preclude approval of both because of the 500 foot spacing restrictions for Federal-Aid Primary Highways. The proposed location of the Lamar Advertising Company signs at 0.5 mile west of State Road 89 on U.S. 90 is less than 500 feet from the location of the Bill Salter Advertising, Inc. signs at 0.6 mile west of State Road 89 on U.S. 90. Consequently, the permit application of Lamar Advertising Company should be denied.
RECOMMENDATION
From the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the application of Lamar Advertising Company for permits
to erect signs facing east and west on U.S. 90, 0.5 miles west of State Road 89 in Santa Rosa County, be DENIED.
DONE and RECOMMENDED this 18th day of May, 1983 in Tallahassee, Florida.
WILLIAM B. THOMAS
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 18th day of May, 1983.
COPIES FURNISHED:
P. Michael Patterson, Esquire 905 West Moreno Street Pensacola, Florida 32501
Vernon L. Whittier, Jr., Esquire Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064
Mark J. Proctor, Esquire Post Office Box 12308 Pensacola, Florida 32581
Paul A. Pappas, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Docket for Case No: 82-001444
Orders for Case No: 82-001444
| Issue Date |
Document |
Summary |
|
Jun. 17, 1983 |
Agency Final Order
|
|
|
May 18, 1983 |
Recommended Order
|
Application for sign permits denied where the applied-for location would be violative because it is within 500 feet of another sign.
|
