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

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EXHIBIT "A" Section 2-7.36. - Communication tower, communication antenna, and wireless communication facility regulations. A. Purpose and intent. The regulations and requirements set forth herein are adopted for the following purposes: 1. To provide for the location of communication towers, and communication antennas, and wireless communication facilities within the City of Casselberry. 2. To protect residential areas and land uses from potential adverse impacts of communication towers, and antennas, and wireless communication facilities. 3. To minimize adverse visual impacts of communication towers, and antennas, and wireless communication facilities through careful design, siting, landscape screening, and innovative camouflaging techniques. 4. To accommodate the growing need for communication towers, and antennas, and wireless communication facilities. To promote and encourage shared use/co-location of existing and new communication towers and wireless communication facilities as a primary option rather than construction of additional single -use towers and facilities. 6. To promote consider the public health, safety, aesthetics and general welfare of the City by providing for the placement or maintenance of communication towers, antennas, and wireless communication facilities on privately -owned and publicly -owned property within the City. 7. To promote the public health, safety, aesthetics, and general welfare of the City by providing for the placement or maintenance of wireless communication facilities on private and public property and in public rights-of-way and public easements within the City. 8. To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. 9. To adopt and administer rules and regulations not inconsistent with state and federal law, the City's home -rule authority, and in accordance with the provisions of the Federal Telecommunications Act of 1996 and other federal and state law: establishing reasonable rules and regulations necessary to manage the placement or maintenance of wireless communications facilities in the public rights-of-way by all communications services providers: and minimizing disruption to the public rights-of-way. 10. To promote safe conditions in the public right-of-way for users in all modes of transportation, to include pedestrians, bicycles, and vehicles. B. Applicability. All communication towers, communication antennas, and wireless communication facilities, as defined in Section 5-21.2 and Section 68-153 City Code of Ordinances, located within the City of Casselberry shall be subject to these regulations and all other applicable regulations, including those located on privately -owned and publicly -owned property, in city, county, or state public rights-of-way, and in public easements within the corporate limits of the City of Casselberry. All communication towers legally existing on October 10, 1996 (the effective date of Ordinance No. 96-872) shall be subject to the provisions of Chapter 2, Article 8, Nonconforming Uses and Noncompliant Structures. Routine maintenance shall be permitted on such existing towers. New construction other than routine maintenance on an existing communication tower shall comply with the requirements of this Section. 3. All wireless communication facilities that were legally permitted on or before August 3, 2017 (the effective date of the wireless communication facility regulations of this Section) shall be subject to the provisions of Chapter 2, Article 8, Nonconforming Uses and Noncompliant Structures.