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10.255(2)(b)—(2)(e) • (b) Authority. Subject to sub. (c), the zoning scale electric generating station under s. committee, after a public hearing, shall, within a 10.123(3)(n), using wind or solar energy, shall reasonable time, grant or deny any application exclusively address the standards enumerated in for conditional use. Prior to granting or denying sub. (2)(o). All findings shall be based solely a conditional use, the zoning committee shall upon the evidence within the public record. make findings of fact based on evidence 4. If the town board approves the application presented and issue a determination whether the subject to conditions and such conditions are prescribed standards are met. No permit shall amended or deleted by the zoning committee, be granted when the zoning committee or the conditional use permit as approved by the applicable town board determines that the zoning committee shall be submitted to the town standards are not met, nor shall a permit be board for approval of the zoning committee's denied when the zoning committee and conditions or denial of the permit. The town applicable town board determine that the board shall submit a certified resolution standards are met. indicating their action to the zoning administrator (c) Town/zoning committee action. 1. The within forty (40) days of the approval by the town board of the town where a conditional use zoning committee. If the town board does not is proposed shall be given notice and opportunity act within the forty(40) day time period, the to approve or disapprove a conditional use. The permit shall be deemed approved. If the town town board shall communicate its position in board denies the permit with the conditions as writing on the conditional use application within amended by the zoning committee, the permit sixty (60) days of the date of the public hearing. shall be deemed denied. Such denial is The town board may request an extension of the appealable to the county board under sub. (2)0). review period of up to forty (40) days by (d) Initiation of conditional use. Any person, submitting a written request to the zoning firm, corporation or organization having a committee. The zoning committee shall not take freehold interest, a possessory interest entitled action on the application for conditional use until to exclusive possession, a contractual interest the time period for action by the town board has which may be a freehold interest, or an exclusive expired. possessory interest which is specifically 2. Either the town board or the zoning enforceable in the land for which a conditional committee may deny an application for use is sought, may file an application to use conditional use permit. If the town board action . such land for one or more of the conditional uses is denial no further action by the zoning provided for in this ordinance provided that the committee is required. The zoning committee conditional use is one which is permitted by the may approve or deny a conditional use permit zoning ordinance in the zoning district where the without town action if the town board fails to act parcel is located. within the time period set forth in sub. 1. above. (e) Application for conditional use. An All such decisions may be appealed to the application for a conditional use shall be filed county board under sub. (2)0). If the county with the zoning administrator on a form board reverses a denial by the town board, the prescribed by the zoning administrator. The application shall be referred to the zoning application shall be accompanied by such plans committee with instructions to draft appropriate and other information as required by this section conditions. or as may be prescribed by the zoning 3. Town board and zoning committee actions administrator or the zoning committee, and shall shall be supported by written findings of fact. include a statement in writing by the applicant Failure of a town board or the zoning committee and adequate evidence showing that the to make written findings of fact shall constitute proposed conditional use shall conform to the approval of the application. Except for standards set forth in par. (h) hereinafter. conditional use permit applications for a small 1. Site plan. All applications for a conditional scale electric generating station, using wind or use permit must be accompanied by a site plan, solar energy, under s. 10.123(3)(n), written drawn to a scale large enough to show detail, findings of fact shall, at a minimum, address the that includes, at a minimum the following standards enumerated in sub. (2)(h) and, where information: applicable, s. 10.123(3). Written findings of fact a. All buildings and all outdoor use and/or for conditional use permit applications for a small storage areas, existing and proposed, including • Page 10-64 rev. 073113