Laserfiche WebLink
WHEREAS, the Emergency Communications Number E911 Act, Chapter 365, Florida <br />Statutes, (the "Act") addresses, inter alfa, local governments' regulation of the placement, <br />construction or modification of wireless communications facilities; and <br />WHEREAS, Section 337.401 et seq., Florida Statutes, addresses, inter alia, the authority <br />of municipalities to regulate the placement and maintenance of communications facilities in the <br />public rights-of-way; and <br />WHEREAS, the Act establishes parameters for the regulation of communications <br />facilities, and allows local governments to review any applicable land development or zoning <br />issue addressed, including, but not limited to, aesthetics, landscaping, land use based location <br />priorities, structural design, and setbacks; and <br />WHEREAS, both statutes authorize regulations of communications facilities in the <br />public rights-of-way that are related to the placement or maintenance of facilities in the public <br />rights-of-way, are reasonable and non-discriminatory, and are necessary to the management of <br />the public rights-of-way; and <br />WHEREAS, courts applying Florida and federal law have held that a municipality may <br />impose reasonable design limitations on communications facilities that deal directly with a <br />concern for aesthetics and may regulate the placement of wireless facilities where such <br />regulation does not prohibit or effectively prohibit the provision of wireless services; and <br />WHEREAS, the City Commission of the City of Casselberry ("City Commission") <br />desires to establish uniform standards and guidelines for the siting, design, and permitting of <br />communication towers, communication antennas, and wireless communication facilities in the <br />City of Casselberry and to establish review procedures to ensure that applications for same are <br />acted upon consistent with state and federal law; and <br />Page 3 of 38 <br />