08-1237 Animated Signs and Electronic Display Type SIgns

Home Browse Search

WHEREAS, the City Commission wishes to preserve the aesthetic beauty of the City of Casselberry; and WHEREAS, the regulation of signage for purposes of aesthetics has long been recognized as advancing the public welfare; and WHEREAS, as far back as 1954, the United States Supreme Court recognized that "the concept of the public welfare is broad and inclusive," that the values it represents are "spiritual as well as physical, aesthetic as well as monetary," and that it is within the power of the legislature "to determine that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled." [Justice Douglas in Berman v. Parker, 348 U.S. 26, 33 (1954); and WHEREAS, the Florida Constitution provides that it shall be the policy of the state to conserve and protect its scenic beauty; and WHEREAS, the regulation of signage for purposes of aesthetics directly serves the policy of this state by conserving and protecting its scenic beauty; and WHEREAS, the regulation of signage was originally mandated by Florida's Local Government Comprehensive Planning and Land Development Regulation Act in 1985 (see Chapter 85-55; 914, Laws of Florida), and this requirement continues to apply to the City through Section 163.3202(2)(f), Florida Statutes; and WHEREAS, the Future Land Use Element of the City's Comprehensive Plan provides that the City shall regulate signage; and WHEREAS, the City Commission finds and determines that the City adopted the Unified Land Development Regulations in order to implement its comprehensive plan, and to comply with the minimum requirements in the State of Florida's Growth Management Act, at Section 163.3202, Florida Statutes, including the regulation of signage and future land use; and WHEREAS, the City Commission finds and determines that pursuant to the policy of the City's Comprehensive Plan, the City's Unified Land Development Regulations are required to regulate signage; and WHEREAS, the City Commission finds and determines that this ordinance will lessen hazardous situations, as well as confusion and visual clutter otherwise caused by the proliferation, improper placement, excessive height, excessive size, and distracting characteristics of signs which compete for the attention of pedestrian and vehicular traffic; and WHEREAS, the City Commission hereby finds and determines that anything beside the road which tends to distract the driver of a motor vehicle directly affects Ordinance No. 08-1237 Page 2