Findings Of Fact In 1976 SR 78 in Glades County was changed to a federally approved primary road. At this time Respondent's signs were in existence but had never been permitted by Petitioner. Had these signs been issued a permit and thereby legal at the time the road became a federally approved road, the Respondent could have continued to obtain annual permits for these signs. The area along SR 78 is zoned agricultural and residential. There have been no areas along SR 78 zoned industrial and commercial.
Findings Of Fact Lamar Advertising Company was issued permits numbered AH998-10 and AH999-10 on or about October 11, 1982. These permits were for the erection of a sign on the north side of I-10 approximately 1.78 miles west of U.S. 29 in Escambia County, Florida. They were issued because of the existence of an auto paint and body shop within 800 feet of the proposed sign location. When Lamar Advertising Company submitted the applications for the subject permits it designated thereon that the proposed location was within 800 feet of a business. These applications also certified that the signs to be erected would meet all of the requirements of Chapter 479, Florida Statutes. In February of 1984, Lamar Advertising Company was advised that the subject permits were being revoked because of the absence of any visible commercial activity at the permitted location. Subsequently, Lamar Advertising Company requested an administrative hearing pursuant to this notice. Effective on June 30, 1984, Lamar Advertising Company assigned the subject permits to the Respondent. By letter dated September 25, 1984, the Department advised Lamar that the subject permits had been transferred to the Respondent subject to pending litigation. Prior to the issuance of the subject permits to Lamar Advertising Company, the site was inspected by the Department's outdoor advertising inspector, who is presently employed by the Respondent. Before this field inspection the inspector had been informed that a paint and body shop was located in the area, and this business was shown on a sketch submitted with the Lamar applications. When the inspector viewed the site from the interstate, she observed an area where several cars were parked and also saw someone working on a car. She measured the distance from the area where the parked cars were, to the proposed sign site, with her car odometer. No other measurements were made at this time. The inspector made no inquiry of anyone at this location regarding whether or not an automobile paint and body business was actually being conducted there. Nevertheless, she approved the subject permit applications based upon the existence of such a business. Willie James Pritchett who resides at the site of the subject automotive business, is employed by Pensacola Paint & Body, but he does conduct a business known as "Willie's Paint and Body" at this location. Mr. Pritchett's business is such that he works on cars in the back yard of his residence a couple of hours in the evening after work and on the weekends. A detached three stall garage is located behind Mr. Pritchett's residence. The business does not have a telephone listing separate from the residence, and all bookkeeping is conducted at the Pritchett home. Before the Department's inspector became employed by the Respondent, she arranged with Mr. Pritchett for the erection of a small on-premise sign, visible from I-10, advertising Willie's Paint and Body Shop. The phone number listed on this sign is the number of the Pritchett residence. The sign was furnished to Mr. Pritchett by the Respondent, and was erected around the first of February, 1985. If one were looking at the right spot, the Pritchett property is visible from I-10, but is almost completely obstructed by trees. The immediate area is residential in nature. There is nothing about the Pritchett property that would indicate to a traveler on I-10 that anything other than a residence is located at this site, even if the traveler were to see the entire property from the interstate. Mr. Pritchett produced occupational licenses for the periods October, 1977 - September, 1980, and October, 1983 through September, 1985. He testified that "the times I didn't have the license I wasn't in business". Consequently, in the month of October, 1982, when the subject permits were issued, Mr. Pritchett was not conducting an automotive paint and body business. The Department's present outdoor advertising inspector made several measurements at this location with the standard roller tape used by the State. The distance as measured along the pavement of I-10 from the location of Willie's Paint and Body Shop to the closest point at which the Respondent could locate its sign is either 890 feet or 920 feet or 940 feet, depending on how the distance is measured. The Respondent contends that the distance is 781 feet, but the measurements made by the Department's present inspector are accorded the greater weight because of the verification procedures utilized by him.
Findings Of Fact The Respondent, Jack M. Wainwright was issued permit numbers AF091-10 and AF092-10 on August 20, 1981. Permit numbers AF241-10 and AF242-10 were issued on September 15, 1981. These permits authorized the erection of two stacked back-to-back signs at a location approximately 1.6 miles west of SR 267 in Gadsden County, Florida. This location is in an unzoned area and the permits were granted because of their proximity to a nearby commercial activity known as Imperial Nurseries. The area in question is rural in nature and generally suitable for agricultural activities. Therefore, prior to the Department's issuance of the subject permits, one of its inspectors whose duty is to observe a proposed sign site and determine if it is as represented in the application and if it meets the requirements of the statutes and rules, field inspected the proposed site of these signs. Based on this inspection he recommended the issuance of the permits upon his determination that this area was unzoned commercial, that the sign site was within 800 feet of a commercial activity known as Imperial Nurseries, and that this commercial activity was within 660 feet of the right of way of I-10, and visible from the main-traveled way of I-10. There is sufficient credible evidence in the record of this proceeding to support a finding of fact that the subject area was as the field inspector found it to be, and from this evidence it is so found. The field inspector's recommendation to approve the site as a permittable location was joined in by his supervisor after the supervisor had conferred with the Department's central office relative to whether Imperial Nurseries qualified as a commercial activity. The site where the Respondent proposed to erect his signs was within 800 feet of the various locations on the Imperial Nurseries property where its loading, unloading, or other activities of its employees took place. This is the testimony of the field inspector, his supervisor and the operator of Imperial Nurseries. The business being conducted by Imperial Nurseries in 1981 was the growing of nursery stock for wholesale distribution in Northern markets. This nursery stock was grown in pots on top of the ground, and shipped by truck. There were 130 employees engaged in the various activities conducted over the entire nursery property. The business was very labor intensive, and trucks bringing in supplies and taking out loads numbered approximately 400 per year. There was much moving around. Each container had to be handled, cuttings taken and placed in the pots, and these cuttings might be repotted into larger containers, and each had to be placed at the growing locations. When mature, these plants were all loaded onto trucks and shipped out. The Department's approval of this location as an unzoned commercial area was based upon the labor intensity of the activities being conducted at Imperial Nurseries. The assertion of the Respondent on his sign permit applications that the proposed location was within 800 feet of a business was not false or misleading. The Department's inspectors and his superiors concurred with this characterization of the area. Neither has the Respondent violated any of the provisions of Chapter 479, Florida Statutes. All of the facts were set forth on his permit applications, and these facts were verified by the Department after the area was inspected to determine their accuracy. The policy of the Department leaves the determination of what is and what is not an unzoned commercial area to the field inspector, with the approval of his supervisors. In this case, the determination was made that the activities of Imperial Nurseries were commercial in nature, and the permits were granted on the basis of this determination, not on the representation of the Respondent. In 1984, after a change had occurred in the Department's interpretation of the statutes and rules relative to what is and what is not a commercial activity, and after the Department had adopted a more strict interpretation of the applicable statutes and rules, it initiated these proceedings to revoke the Respondent's permits as having been issued in error. The activities of Imperial Nurseries have not changed substantially since 1981. However, the Department's interpretation of the applicable statutes and rules has changed. The Department has adopted a stricter, more conservative interpretation of these statutes since 1981, and it seeks to re- evaluate the Respondent's permits based on its newly-adopted interpretation, and to apply this strict construction to the Respondent's permits ex post facto. In August of 1984, the Respondents entered into a new three-year lease for the site where his signs stand under which he is obligated to pay the lessor $1,000 each year. At this time the Respondent also renovated the subject signs at the cost of $12,000.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department's violation notices seeking removal of the Respondent's signs on the north side of I-10, approximately 1.6 miles west of S.R. 267 in Gadsden County, Florida be dismissed; and that permit numbers AF091- 10, AF241-10, AF092-10, and AF242-10 remain in effect as permits for nonconforming signs. THIS RECOMMENDED ORDER entered this 4th day of June, 1985 in Tallahassee, Leon County, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 4th day of June, 1985. COPIES FURNISHED: Maxine F. Ferguson, Esquire Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064 W. Kirk Brown, Esquire P.O. Box 4075 Tallahassee, Florida 32315-4075 Hon. Paul A. Pappas Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact On or about April 14, 1977, Henderson Signs filed applications for four permits to erect two outdoor advertising signs in Jackson County, Florida, on the south side of Interstate 10, one approximately 1.5 miles and the other approximately 1.7 miles west of U.S. 231. These applications were field inspected by the Department's outdoor advertising inspector, they were approved on or about May 16, 1977, and the Department issued permits numbered 9248-10, 9249-10, 9250-10 and 9251-10 for the requested locations to Henderson Signs. On or about January 4, 1984, permit number 9248-10 was reported lost, and the Department issued replacement tag number AL082-10. Subsequent to the issuance of these permits, Henderson Signs transferred all of its interest in the subject permits to the Respondent, Tri- State Systems, Inc. When Henderson Signs submitted the applications for the subject permits it designated thereon that the proposed locations were within 800 feet of a business known as Dilmore's Packing Plant. These applications also certified that the signs to be erected would meet all of the requirements of Chapter 479, Florida Statutes. Dilmore's packing Plant processes meat for sale at both retail and at wholesale. It is located approximately 660 feet back off I-10, but the building can be seen from the interstate. The automobiles of three to five employees who work there can also be seen from I-10. However, from the photograph that was received in evidence the area appears to be rural or agricultural in nature, and not commercial. Unless the existence of Dilmore's Packing Plant was known, it could not be identified as a business from the interstate. There is an on- premise sign for the Dilmore Plant, but the words on this sign cannot be read from I-10. In summary, as viewed from the main-traveled way of the interstate there is nothing about the area or the Dilmore building to indicate that any commercial activity is being conducted at this location. Jackson County is presently unzoned, and it was not zoned in 1977 when the subject permits were approved. The area in question is essentially the same now as it was in 1977, as is the site where the Dilmore Plant is located. During 1984 the sites were inspected by the Department's Right-of-Way Administrator who determined that the permits had been issued in error because there was no visible commercial activity within 800 feet of the permit locations. In October of 1984, the Department issued Notices of Violation advising the Respondent that the subject permits were being revoked because they were not for locations in a zoned or unzoned commercial area. Prior to the transfer of the permits from Henderson Signs to the Respondent, representatives of the Respondent testified that they inquired at the Department's district office in Chipley whether the permits to be purchased from Henderson Signs were valid permits. They further testified that they received assurance from the Chipley district office that these permits were legal permits. This testimony, however, is totally self-serving without some form of corroboration, and is thus not of sufficient quality to support a finding of fact.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permits numbered AL082-10, 9249-10, 9250-10 and 9251-10 held by the Respondent, Tri-State Systems, Inc., authorizing signs on the south side of 1-10, approximately 1.5 and 1.7 miles west of U.S. 231 in Jackson County, Florida be revoked and any signs erected pursuant to these permits be removed. THIS RECOMMENDED ORDER entered this 8th day of October, 1985 in Tallahassee, Leon County. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 8th day of October, 1985. COPIES FURNISHED: Maxine F. Ferguson, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Gerald S. Livingston, Esquire P. O. Box 2151 Orlando, Florida 32802-2151 Hon. Thomas E. Drawdy Secretary Department of Transportation Haydon Burns Bldg. Tallahassee, Florida 32301
Findings Of Fact The Respondent, T & L Management, Inc., was issued permits numbered AG800-10 and AG798-10 on or about April 9, 1982. These permits were for the erection of signs on the south side of I-10, approximately one mile east of SR 291 (Davis Highway), in Escambia County, Florida. They were issued because of the existence of a business known as Gail's Beauty Shop within 660 feet of the interstate and within 800 feet of tide proposed sign location. The Respondent submitted the applications for these permits, and designated on the applications that the sign location would be in a commercial or industrial unzoned area within 800 feet of a business. On each of these applications the Respondent certified that the signs to be erected would meet all requirements of Chapter 479 of the Florida Statutes. Prior to the issuance of these permits, the subject site was inspected by the Department's outdoor advertising inspector and by her supervisor, who approved the applications because of the existence of a beauty shop nearby the proposed sign location. The Department's inspector had visited this site previously when the Respondent had applied for a permit at this location, and had disapproved the application because no commercial activity could be seen from the interstate. Subsequently, foliage was cut, and the site was reinspected pursuant to the Respondent's subject applications. With the shrubbery trimmed and the vegetation cleared out, the rear side of the building housing Gail's Beauty Shop was visible from I- The inspector and her supervisor concurred in the approval of the permits. Gail Wilcox and her family have lived on the property nearby the site of the Respondent's signs for 19 years. This property is within 660 feet of I-10, facing away from the interstate. It is within 800 feet of the Respondent's signs. In April of 1982 when the subject applications were submitted, Gail Wilcox operated a beauty shop in the building where she and her husband and daughter made their residence. This house had been constructed with an attached double garage on one side of it. It had been remodeled so that the side with this double garage was converted to a one-car garage with the remainder of the garage made into a business area. This business area on the far end of the house is where Gail's Beauty Shop was located. It had its own separate entrance in the front, with no entrance into the remaining garage or into the house itself. The entire building was under one roof, as it had been before the double garage was converted. This building is otherwise used as the Wilcox residence. There is no question that Gail Wilcox operated a beauty shop at this location. She had an occupational license, a business telephone, and there was a sign on the window in front "Gail's Beauty Shop." Nevertheless the photographs in evidence show this area to be residential in nature. It was visible to traffic on the interstate when the applications were submitted and when they were approved. Sometime prior to February of 1985, the site was inspected by the Department's Right-of-Way Administrator who determined that the permits had been issued in error because the business activity used to qualify the site as unzoned commercial was being conducted in a building used principally as a residence. As a result, the Department issued its notice of violation advising the Respondent that the subject sign permits were being revoked.
The Issue Whether the Respondent is in violation of Sections 479.07(1)(2)(3)(4) and (6), Florida Statutes; Sections 479.11(1)(2), Florida Statutes; and Section 479.02, Florida Statutes, which require a person to submit am application for a permit, pay permit fees, secure a permit before erecting any outdoor advertising sign. Such permit will not be granted if it is within the prohibited areas of Section 479.11, F.S., and are subject to removal under Section 479.02, F.S.; Section 479.17, F.S.; and Section 479.20, F.S.
Findings Of Fact No permit was applied for or secured for the following described signs: Copy: Chipley Motel Location: .15 miles east of State Road 273 (Orange Hill Highway) Highway: I-10 Copy: Chipley Motel Location: 3-9/10 miles east of State Road 77 Highway: U.S. 90 Copy: Chipley Motel Restaurant Location: 1-4/10 miles west of State Road 77, South side Highway: I-10 No permit was applied for before subject signs were erected and subject signs are nearer than 660 feet from the nearest edge of an interstate highway.
Recommendation Remove subject signs if they are not removed by the Respondent within ten days after the entry of a final order. DONE and ORDERED this 7th day of May, 1976. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Bob Deal, Esquire Cole and Deal 204-A South Third Street Chipley, Florida 32428
Findings Of Fact On or about August 5, 1980, the Department issued permits numbered AB991-10, AB992-10 and AB993-10 to the Respondent, Food `N' Fun, Inc., authorizing the erection of a stacked back-to-back sign on the south side of I- 10, .8 mile east of U.S. 231 in Jackson County, Florida. Permit number AE481-10 was issued on or about May 21, 1981, for the fourth face of this sign. Prior to the issuance of these permits the site was field inspected and approved by Department personnel. Subsequently, the site was inspected by the Department's Right-of-Way Administrator who determined that the permits had been issued in error because there was no visible commercial activity within 800 feet of the sign. In October of 1984, the Department issued Notices of Violation advising the Respondent that the subject permits were being revoked because the sign was not erected in a zoned or unzoned commercial area. The Respondent's representative who submitted the permit applications designated on these applications that the sign location was in an unzoned area within 800 feet of a business. This representative also certified on the applications that the sign to be erected would meet all of the requirements of Chapter 479, Florida Statutes. Prior to conducting his field inspection, the Department's inspector had been informed that a commercial activity (Southern Dairy Supply Company) was being conducted in a building within 800 feet of the sign location. When he made his inspection he found that the building where Southern Dairy Supply Company was located was a metal building situated behind a house in an agricultural area. However, there was nothing visible from I-10 to tell him that a business was located there. The inspector's supervisor also visited the site of the proposed sign. He saw a building that was similar to other farm buildings at this location, but there was nothing that could be seen from the interstate to indicate to traffic that there was any commercial activity being conducted in the area. Since 1981, Southern Dairy Supply Company has relocated, and is no longer in business there. The area where the subject sign is located is agricultural and rural in nature. No other commercial activity was located in the area. Although the metal building in which the dairy supply business was being conducted could be seen from the interstate, as viewed from the main-traveled way of I-10, there was nothing to indicate that any commercial activity was being conducted at this location.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permit numbers AB991-10, AB992-10, AB993- 10, and AE481-10 held by the Respondent, Food `N' Fun, Inc., authorizing a stacked, back-to-back, sign located on the south side of I-10, .8 mile east of U.S. 231 in Jackson County, Florida, be revoked, and the subject sign removed. THIS RECOMMENDED ORDER entered this 9th day of August, 1985, in Tallahassee, Leon County, 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 9th day of August, 1985.
The Issue Whether the Respondent erected and maintained outdoor advertising signs without a proper permit and in violation of the set-back laws of Chapter 479, Florida Statutes.
Findings Of Fact Respondent erected an outdoor advertising sign approximately one (1) mile east of State Road 79 on the north side of Interstate 10 right-of-way. The copy on the face of the sign read: "Rich's Truck Stop, Restaurant, Travel Park, CB Radio Shop, Texaco, This Exit." The distance from the sign to the nearest edge of the pavement of I-10 was approximately two hundred thirty-one (231) feet. The Respondent, Mr. Rich, speaking for the partnership Rich Oil Company admitted that the sign was located as stated in the violation notice. The sign was located in a rural area not zoned by a city or by a county. Respondent erected a second sign located approximately .5 of a mile west of Florida Secondary 181 on the north side of I-10 right-of-way. The sign is painted on the side of a trailer. The size of the sign is nine (9) feet high and forty (40) feet long. The copy states: "Rich's Truck Stop, Exit Highway 79, Marker 111, Open 24 Hours, Restaurant, Camping, Texaco." The trailer with the sign on it is located approximately one hundred three (103) feet from the nearest edge of the pavement of I-10. The trailer with the sign painted on it is standing in a pasture in a rural unzoned area. The Respondent Mr. Rich agreed as to the approximate location of the subject sign. No application for permit was made by the Respondent for either of the two subject signs. Respondent received a Violation Notice from Petitioner stating the signs were in violation of the set-back regulations and were in violation of the statute requiring a state permit. Contrary to the contentions of Respondent, the Hearing Officer finds that both of the signs which are the subject of this hearing and herein described are in fact "signs." The second described sign painted on the side of a trailer is a "sign" within the standard definition "a lettered board or other display used to identify or advertise a place of business," Webster's New Collegiate Dictionary, Copyright 1974 by G. and C. Merriam Company.
Recommendation Remove both of the subject signs within ten (10) days of the issuance of the Final Order unless said signs have been previously removed by the Respondent. DONE and ORDERED this 1st day of February, 1977 in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: George L. Waas, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Mr. O. E. Black, Administrator Outdoor Advertising Department of Transportation Tallahassee, Florida 32304 Russell A. Cole, Jr., Esquire 123 North Oklahoma Street Bonifay, Florida 32425 Mr. Glen E. Rich Rich Oil Company U.S. 90 West Bonifay, Florida 32425 Mr. J. E. Jordan District Sign Coordinator Post Office Box 607 Chipley, Florida 32428
Findings Of Fact On or about June 10, 1977, the Department issued permit number 2740-12 to the Respondent, Lamar Advertising Company, authorizing the erection of a sign on the east side of I-110, .4 mile north of SR 296 in Escambia County, Florida. On or about August 7, 1978, this permit was reported lost and the Department issued a replacement tag numbered AN498-35. The latter permit is the subject of this proceeding. Prior to the issuance of the original permit in 1977, the site was field inspected and approved by Department personnel. The Respondent's representative who submitted the permit application designated on this application that the sign location was in an unzoned area within 800 feet of a business. This representative also certified on the application that the sign to be erected would meet all of the requirements of Chapter 479, Florida Statutes. The only commercial or industrial activity that was located within 600 feet of the right-of-way of I-110, and within 800 feet of the site where the Respondent's sign was to be erected, was a brick building which had been constructed in 1977 by Bill Salter Outdoor Advertising. This building contains 800 to 1,000 square feet, and it was used as a sketch office by Bill Salter Outdoor Advertising. One employee works inside doing art work, and three salesmen use the office to make telephone calls and pick up messages. The Salter building has been constructed without windows on the back side, which is the side facing the interstate. This building is not directly on the interstate, but is located on a street back off I-110 in an unzoned area containing houses and trailer homes. This area is residential in nature, and the Salter building is the only business in the immediate vicinity. The landscape along I-110 where the subject sign is located slopes upward from the interstate to where the Salter building stands, and the area between the interstate and the Salter building is covered with foliage. In the summer months the area between I-110 and the site of the Salter building is almost completely obscured by this foliage, but during the winter when the foliage has thinned a portion of the rear of the Salter building can be seen from the interstate. There is an area in front of and on the sides of the Salter building, away from the interstate, where cars can be parked. Salesmen, workmen and customers come and go daily, using these areas for parking. However, due to the slope of the ground between the Salter building and I-110, the interstate is at such a downward angle from the building that none of these activities can be seen from I-110. There is no sign on or around the Salter building to indicate that it contains a business, and there is nothing else about either the building or the area to identify the one as a business structure or the other as a commercial area. In summary, the Bill Salter building houses a business which is located with 660 feet of the interstate, and the subject sign is within 800 feet of this business, but there are no business activities that can be seen from the main- traveled way of I-110. This location is essentially the same now as it was in 1977 when the permit was issued. In October of 1984, the site was inspected by the Department's Right- of-Way Administrator who determined that the permit had been issued in error because there was no visible commercial activity within 800 feet of the sign. In November of 1984, the Department issued a Notice of Violation advising the Respondent that the subject permit was being revoked because the sign had not been erected in a zoned or unzoned commercial area.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permit number AN 498-35 held by the Respondent, Lamar Advertising Company, authorizing a sign located on the east side of I-110, .4 mile north of SR 296 in Escambia County, Florida, be revoked, and the subject sign removed. THIS RECOMMENDED ORDER entered this 14th day of August, 1985, in Tallahassee, Leon County, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of August, 1985. COPIES FURNISHED: Maxine F. Ferguson, Esquire Haydon Burns Bldg., M.S. Tallahassee, Florida 32301-8064 Robert P. Gaines, Esquire P. O. Box 12950 Pensacola, Florida 32576 Hon. Paul A. Pappas Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
The Issue Whether a sign owned by D & H Oil Company located along Interstate 10 approximately 1.1 miles East of State Road 81 bearing the copy "Spur" is in violation of the setback requirements set out in Section 479.11(1), Florida Statutes, and in violation of the permit requirements set out in Section 479.07(1) and (6), Florida Statutes.
Findings Of Fact Respondent D & H Oil Company's sign is located forty- three (43) feet from the nearest edge of the right-of-way of Interstate 10 (I-10) and no permit is affixed to the subject sign. The sign in question is located within the extension of the city boundaries of Ponce de Leon, Florida as extended by ordinance drawn in 1970 and duly filed in 1975. The Town of Ponce de Leon adopted the comprehensive zoning ordinance which authorized use of business signs in commercial areas. An area north of I-10, Section 27, Township 4 North, Range 17 West was designated a commercial area. The Respondent D & H Oil Company constructed their sign in this zoned area which was within forty-three (43) feet of the nearest edge of the right-of- way of I-10, and applied to the Petitioner Florida Department of Transportation for a permit for the subject sign. The Petitioner denied the request for the reason that the sign was erected in violation of the setback requirements of Chapter 479, Florida Statutes. The Respondent D & H Oil Company did not obtain a permit before erecting the sign and it is within the area presently described as the Town of Ponce de Leon, Florida. The Ordinance filed with the Secretary of State in December of 1975 authorized use of business signs in commercial areas. The area north of I-10 in Section 27, Township 4 North, Range 17 West was designated as a commercial area, together with other areas along the highway, and the sign of Respondent is erected within that area. The areas zoned commercially by the Town of Ponce de Leon stretches several miles along both sides of the right-of-way of I-10 and contains no commercial or industrial structures other than outdoor advertising signs. The Town of Ponce de Leon has not submitted to the Administrator of Outdoor Advertising, State of Florida Department of Transportation, its zoning regulations which control outdoor advertising, and the State of Florida Department of Transportation has not notified the Federal Highway Administrator that there has been established within such area regulations which are enforced with respect to the size, lighting and spacing of outdoor advertising signs consistent with the intent of the Highway Beautification Act of 1965 and customary use. Customary use is use consistent with that use regulated statewide by Chapter 479, Florida Statutes.
Recommendation Require the Respondent D & H Oil Company to remove the subject sign unless it can show within thirty (30) days from date hereof that the area in which the sign is located is in a zoned commercial and industrial area certified by the Florida Department of Transportation to the Federal Highway Administrator that there has been established with such area regulations which are enforced wish respect to the size, lighting and spacing of outdoor advertising signs consistent with the intent of the Highway Beautification Act of 1965 and with customary use. DONE and ORDERED this 29th day of October, 1976 in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: George L. Waas, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 James E. Moore, Esquire Post Office Box 746 Niceville, Florida Mr. O. E. Black, Administrator Outdoor Advertising Section Florida Department of Transportation Hayden Burns Building Tallahassee, Florida 32304 Mr. J. E. Jordan District Sign Coordinator Post Office Box 607 Chipley, Florida 32428
