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BOOK 95 FACE 726 <br />2. Did the reviewing official (Planning and Zoning <br />Commission) act in an arbitrary or capricious <br />manner? <br />3. Did the reviewing official (Planning and Zoning <br />Commission) fail to consider adequately the effects <br />of the proposed development upon surrounding <br />properties, traffic circulation or public health, <br />safety and welfare? <br />4. Did the reviewing official (Planning and Zoning <br />Commission) fail to evaluate the application with <br />respect to the comprehensive plan and land <br />development regulations of Indian River County? <br />In staff's opinion, the planning staff and the Planning and Zoning <br />Commission did not fail in any of these four areas and made a <br />logical decision in its interpretation of County Code Section <br />956.15(1), as hereafter explained. <br />Appropriate Review Procedures <br />The Planning and Zoning Commission found that planning staff <br />reviewed the issue of bond forfeiture appropriately, finding that <br />one of the reasons specified in Code Section 956.15(1)(c) for bond <br />forfeiture had occurred: signs were placed on property without <br />owner permission (public rights-of-way). <br />Arbitrary or Capricious Action <br />The Planning and Zoning Commission found that staff did not act <br />arbitrarily or capriciously. Of 20 political sign zoning permits <br />issued, staff denied refund of 15 bonds due to noncompliance with <br />county regulations, primarily relating to political signs illegally <br />placed in road rights-of-way. <br />Impact to Surrounding Properties, <br />Health, Safety and Welfare <br />County sign zoning regulations relate largely to aesthetics <br />control, in the public interest. The unaesthetic nature of <br />literally hundreds of political signs along road rights-of-way has <br />contributed to the need for the County to regulate political signs <br />and prohibit those types of signs in public rights-of-way. The <br />Planning and Zoning Commission found that staff considered these <br />impacts in taking enforcement action against illegally placed <br />political signs. <br />Comprehensive Plan, LDR Requirements <br />Enforcement of County political sign requirements, in accordance <br />with County Code Section 956.15(1) (as previously explained), <br />furthers Comprehensive Plan Future Land Use Objective 9, which <br />states: <br />"Indian River County will continue to enhance the <br />aesthetic quality of the community through land <br />development regulations that include landscape design <br />requirements, regulate the usage of signs, provide for <br />traffic and parking control and incorporate the use of <br />natural buffers." <br />July 18, 1995 <br />M <br />26 <br />M <br />M <br />