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WHEREAS, the Emergency Communications Number E911 Act, Chapter 365, Florida <br />Statutes (the "Act"), addresses, inter alia, local governments' regulation of the placement, <br />construction or modification of wireless communications facilities; 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 issue <br />addressed, including, but not limited to, aesthetics, landscaping, land use based location priorities, <br />structural design, and setbacks; 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 concern <br />for aesthetics and may regulate the placement of wireless facilities where such regulation does not <br />prohibit or effectively prohibit the provision of wireless services; and <br />WHEREAS, on July 24, 2017, the City Commission adopted Ordinance 2017- amending <br />Section 2-7.36, "Communication Tower, Communication Antenna, and Wireless Communication <br />Facility Regulations," of the City of Casselberry Unified Land Development Regulations; and <br />WHEREAS, it is in the best interests of the citizens, business, and visitors in the City of <br />Casselberry to ensure there is sufficient wireless communication service; and <br />WHEREAS, the City of Casselberry has a substantial and significant public interest in <br />regulating the siting of communication towers, communication antennas, and wireless <br />communication facilities to promote the public health, safety, aesthetics, and general welfare; and <br />WHEREAS, the City of Casselberry has a substantial and significant public interest in <br />protecting residential areas and land uses from potential adverse impacts of communication towers, <br />communication antennas, and wireless communication facilities; and <br />Page 2 of 37 <br />