20-1546 Amending ULDR Sections 2-7.36 and 5-21.2 (Communications Towers, etc.)

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ORDINANCE 20-1546 AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, RELATING TO COMMUNICATION FACILITIES; AMENDING PART III, UNIFIED LAND DEVELOPMENT REGULATIONS OF THE CITY OF CASSELBERRY CODE OF ORDINANCES BY AMENDING SECTION 2- 7.36, "COMMUNICATION TOWER, COMMUNICATION ANTENNA, AND WIRELESS COMMUNICATION FACILITY REGULATIONS" WITHIN ARTICLE VII, "GENERAL REGULATIONS" OF CHAPTER II, "DISTRICT AND GENERAL REGULATIONS" TO UPDATE THESE SECTIONS IN ACCORDANCE WITH LEGISLATIVE CHANGES; AND BY AMENDING SECTION 5-21.2, "DEFINITION OF TERMS" WITHIN ARTICLE XXI, "LANGUAGE AND DEFINITIONS" OF CHAPTER V, "GLOSSARY" TO MOVE OR DELETE CERTAIN DEFINITIONS; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Casselberry Code provisions regulating wireless communication facilities require updating to address amendments to Fla. Stat. 337.401; and WHEREAS, it is in the best interests of the citizens, business, and visitors in the City of Casselberry to ensure there is sufficient wireless communication service; and WHEREAS, the City of Casselberry has a substantial and significant public interest in regulating the siting of wireless communication facilities to promote the public health, safety, aesthetics, and general welfare; and WHEREAS, the City of Casselberry has a substantial and significant public interest in protecting residential areas and land uses from potential adverse impacts of wireless communication facilities; and WHEREAS, to promote the public health, safety, aesthetics, and general welfare, the City of Casselberry has a substantial interest in maintaining and protecting its public rights-of-way in a non- discriminatory manner, and requiring that individuals and entities seeking permits to conduct any type of excavation, construction or other activity therein do so in a safe, expeditious, and professional manner; and WHEREAS, such public interest extends to protecting, preserving and maintaining the health, safety and welfare of the users of the public rights-of-way, while also protecting, preserving and maintaining the aesthetic character of areas where such rights-of-way exist; and WHEREAS, this Ordinance accommodates the growing need and demand for communication services; and WHEREAS, this Ordinance seeks, to the extent the City is permitted to do so by the Legislature, to minimize visual and other impacts of wireless communication facilities on surrounding