STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-2171T

) FIRST NATIONAL BANK OF WAUCHULA ) and the WESTBY CORPORATION, )

)

Respondents. )

)

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 16 January 1979 at Bartow, Florida.

APPEARANCES

For Petitioner: John J. Rimes, III, Esquire

Department of Transportation Room 562, Haydon Burns Building 605 Suwannee Street

Tallahassee, Florida 32301

For Respondent, First Brian J. Pappas, Esquire National Bank of 101 South Ninth Avenue Wauchula: Wauchula, Florida 33873

For Respondent, Marcus Ezelle, Esquire Westby Post Office Drawer 1729 Corporation: Wauchula, Florida 33873

By Notice of Alleged Violation dated 13 September, 1978 the Department of Transportation, Petitioner, seeks to have sign owned by Respondent, Westby Corporation, and leased to Respondent, First National Bank of Wauchula, located on U.S. 17, 12.32 miles north of SR 70, removed. As grounds therefor, it is alleged the sign is without a permit and zoning of the location precludes the issuance of a permit.

At the beginning of the hearing, Respondent, First National Bank of Wauchula, was dismissed as a party upon the stipulation of all parties that this Respondent has no proprietary interest in the sign.

At the hearing, one witness was called, and one exhibit was admitted as a late-filed exhibit. The parties requested and the Hearing Officer agreed to withhold submission of this Recommended Order for a period of 60 days, to allow Respondent time to get the zoning of the property on which the sign is situated, changed. To date no information has been received from Respondent that such zoning change has been accomplished.

FINDINGS OF FACT

1. The sign owned by Westby Corporation located on U.S. 17, 12.32 miles north of S.R. 70, has no valid permit and the land on which the sign is located is zoned for agricultural use, A-1.

   
   

2. Hardee County zoning regulations do not authorize erection of signs on A-1 zoned property. The license fee was last paid for this sign in 1969.

   
   

3. U.S. 17 is a federal-aid primary highway.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of these proceedings.

   
   

5. Section 479.111, Florida Statutes, provides in pertinent part:

   
   

   Only the following signs shall be permitted within controlled positions of the interstate and federal-aid primary systems:

   (2) Signs in commercial and industrial zoned or commercial and industrial unzoned areas subject to agreement established by s. 479.02.

   
   

6. Inasmuch as the sign is located on a federal-aid primary highway in an area not zoned commercial or industrial, the sign is in violation of the statutes and regulations pertaining to outdoor advertising signs. It is therefore

RECOMMENDED that the Respondent, Westby Corporation, be required to remove the illegal sign located on U.S. 17, 12.32 miles north of S.R. 70.

Entered this 6th day of April, 1979.

K. N. AYERS Hearing Officer

Division of Administrative Hearings Room 101, Collins Building

MAIL: Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building - Room 562 Tallahassee, Florida 32304

Brian J. Pappas, Esquire

101 South Ninth Avenue Wauchula, Florida

33873 Marcus Ezelle, Esquire

P. O. Drawer 1729 Wauchula, Florida 33873

Docket for Case No: 78-002171

Orders for Case No: 78-002171