A. 
Building code requirements. Mobile wireless service facility (MWSF) infrastructure shall be constructed and maintained in conformance with all applicable building code requirements.
B. 
Permit requirements.
(1) 
Permit (Level I). The permit issued by the Building Inspector as designated by this chapter to an individual, corporation, partnership, or other entity to engage in the creation of an amateur radio tower or a temporary MWSF (also known as "COW").
(2) 
Permit (Level II). The permit issued by the Building Inspector as designated by this chapter to an individual, corporation, partnership, or other entity to engage in a Class 2 collocation or combined MWSF, concealed attached MWSF, or antenna and associated equipment replacements (including upgrades and modifications of existing MWSF).
(3) 
Permit (Level III). The conditional use permit issued by the Building Inspector (after public hearing and approval by the Board of Trustees) as designated by this chapter to an individual, corporation, partnership, or other entity to engage in the creation of a Class 1 collocation, MWSF tower replacement or mitigation, non-concealed attached MWSF, new concealed MWSF tower, or new non-concealed MWSF tower.
(4) 
Permit (Level IV). The conditional use permit issued by the Building Inspector (after public hearing and approval by the Board of Trustees) as designated by this chapter to an individual, corporation, partnership, or other entity holding a broadcast license issued by the FCC to engage in the creation of a new AM, FM or TV broadcast tower.
C. 
Permit table.
Permit Level
Issued By
Permit Type
Use
I
Building Inspector
P
Amateur radio or temporary MWSF (also known as "COW")
II
Building Inspector
P
Class 2 collocation, combined and concealed attached antennas and associated equipment for MWSF, and antenna element and equipment replacement
III
Board of Trustees
CUP
Class 1 collocation, non-concealed attached MWSF, MWSF replacement or mitigation, new concealed MWSF towers and new non-concealed MWSF towers
IV
Board of Trustees
CUP
Broadcast tower
NOTES:
P: Permitted by right.
CUP: Permitted conditionally.
A. 
Siting of new MWSF. Siting of a new MWSF shall be in accordance with the preferred siting alternatives order:
(1) 
Collocated or combined MWSF.
(a) 
On publicly owned property.
(b) 
On nonpublicly owned property.
(2) 
Concealed attached MWSF.
(a) 
On publicly owned property.
(b) 
On nonpublicly owned property.
(3) 
Non-concealed attached MWSF.
(a) 
On publicly owned property.
(b) 
On nonpublicly owned property.
(4) 
Mitigation/replacement of existing MWSF.
(a) 
On publicly owned property.
(b) 
On nonpublicly owned property.
(5) 
Concealed freestanding MWSF.
(a) 
On publicly owned property.
(b) 
On nonpublicly owned property.
(6) 
Non-concealed freestanding MWSF.
(a) 
On publicly owned property.
(b) 
On nonpublicly owned property.
B. 
Preference ranking for attached, collocated, and combined MWSF. For attached, collocated, or combined MWSF, the order of ranking preference, highest to lowest, shall follow the same ranking as provided in Subsection A(1) through (3) above. Where a lower-ranked alternative is proposed, the applicant must file relevant information as required, including but not limited to an affidavit by a radio frequency engineer demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, higher-ranked options are not technically feasible, practical or justified given the location of the proposed MWSF.
C. 
Preference ranking for mitigation and freestanding towers. Where a mitigated or freestanding MWSF is permitted, the order of ranking preference from highest to lowest shall follow the same ranking as provided in Subsection A(4) through (6) above. Where a lower-ranked alternative is proposed, the applicant must file relevant information as required to demonstrate why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile wireless service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider, and demonstrate that higher-ranked options are not technically feasible, practical, or justified given the location of the proposed communications facility and the existing land uses of the subject and surrounding properties within 300 feet of the subject property.
New MWSF antennas and MWSF towers shall be permitted in the Village of Mishicot according to the table below:
Zoning District
Amateur or Temporary Tower
Class 2 Collocation, Combined, Concealed Attached Antenna#, Antenna Element Replacement
Class 1 Collocation, Mitigation, Non-Concealed Attached Antenna*
New Concealed Towers and New Non-Concealed Towers
Broadcast Tower
Residential
A-1
Level I
Level II
Level III
Level III
NP
R-1
Level I
Level II
Level III
NP
NP
R-2
Level I
Level II
Level III
NP
NP
R-3
Level I
Level II
Level III
NP
NP
Commercial, Office and Business
B-1
Level I
Level II
Level III
Level III
Level IV
I-1
Level I
Level II
Level III
Level III
Level IV
I-2
Level I
Level II
Level III
Level III
Level IV
Recreational Community Facilities and Utilities
C-1
Level I
Level II
Level III
Level III
Level IV
NOTES:
NP: Not permitted.
#"Antenna" for the purpose of this chart means all radio frequency equipment mounted to a support structure.
*Non-concealed attached antennas are only allowed on high-voltage electrical transmission towers and existing light stanchions on parcels of land used for nonresidential purposes in these zoning districts. Class 1 collocations in residential districts must be on parcels of land used for nonresidential purposes and must be on structures currently being used as MWSF.