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• 10.255(2)(h)—(2)(o)2. • 6. That the conditional use shall conform to action of the zoning committee, town board or all applicable regulations of the district in which it both, shall be deemed just and equitable unless is located. the county board by a three-fourths vote of (i) Conditions and guarantees. Prior to the supervisors present and voting reverses or granting of any conditional use, the town board modifies the action appealed from. An appeal and zoning committee may stipulate such from a decision of the zoning committee, town conditions and restrictions upon the board or both, shall be taken to the county establishment, location, construction, main- board. No other entity of county government has tenance and operation of the conditional use as jurisdiction to hear any such appeal and the deemed necessary to promote the public health, avenue of appeal provided for herein is safety and general welfare of the community and exclusive, notwithstanding any appeal procedure to secure compliance with the standards and as may be authorized by state law for specific . requirements specified in subsection (h) above, conditional uses. or subsection (o) in the case of small scale (k) Effect of denial of application. No electric generating stations under 10.123(3)(n), application for a conditional use which has been using wind or solar energy. In all cases in which denied wholly or in part shall be resubmitted for conditional uses are granted, the town board and a period of one year from the date of said denial, zoning committee shall require such evidence except on the grounds of new evidence or proof and guarantees as it may deem necessary as of change of conditions found to be valid by the proof that the conditions stipulated in connection zoning committee. therewith are being and will be complied with. (L) In any case where the holder of a 1. In addition to such other conditions as the conditional use permit issued under this town board and zoning committee may impose ordinance has not instituted the use or begun upon any conditional use, in the case of construction within one year of the date of dependency living arrangements, each body approval, the permit shall be null and void. shall require as a condition of approval that the (m) Revocation of a conditional use permit. If use shall be discontinued at the time that a the zoning committee finds that the standards in dependent person ceases to reside in the subsection (2)(h) and the conditions stipulated secondary living area. In no event shall the therein are not being complied with, the zoning space so created be used for general rental committee, after a public hearing as provided in purposes. The town board and zoning subs. (2)(f) and (g), may revoke the conditional committee may, if they so desire, require the use permit. Appeals from the action of the owner to record deed restrictions implementing zoning committee may be as provided in sub. these additional restrictions and such deed (2)0). restrictions may be required to run in favor of the (n) Abandoned conditional uses. Any use, for county, the town and adjacent landowners. which a conditional use permit has been issued, (j) Appeal. Any person aggrieved by the upon its cessation or abandonment for a period grant or denial of a conditional use permit, or the of one year, will be deemed to have been county board supervisor of the district in which terminated and any future use shall be in the affected parcel is located, may appeal the conformity with these ordinances. decision of the town board or zoning committee (o) Standards for the review of small scale to the county board. Such appeal must specify electric generating stations using wind or solar the grounds thereof in respect to the findings of energy. the zoning committee, town board or both, the 1. An application for a conditional use permit reason why the appellant is aggrieved and must for a small scale electric generating station under be filed with the office of the zoning administrator s. 10.123(3)(n) using wind or solar energy shall within 20 days of the final action. The zoning be considered by the town and the committee in conformance with Wis. Stats. s. 66.0401(4). administrator shall transmit such appeal to the 2. No condition or restriction may be placed county clerk who shall file such appeal with the upon a wind energy system or solar energy county board. The county board shall fix a system unless such restriction or condition: reasonable time for the hearing of the appeal a. serves to preserve or protect the public and give public notice thereof as well as due health or safety; notice to the applicant and the appellant(s) and decide the same within a reasonable time. The Page 10-66 rev. 073113