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10.255(1)(e)—(2)(c)4. (e) In considering land use issues for areas is proposed shall be given notice and opportunity adjacent to local municipalities, notice shall be to approve or disapprove a conditional use. The sent by certified mail to the affected municipality town board shall communicate its position in or municipalities. The notice shall include the writing on the conditional use application within location, description of use, requested zoning or sixty (60) days of the date of the public hearing. permit and the date, time and place of the county The town board may request an extension of the public hearing. The notice shall state that it shall review period of up to forty (40) days by be incumbent upon the affected municipality to submitting a written request to the zoning inform the county zoning agency of any committee. The zoning committee shall not take concerns, potential problems or questions action on the application for conditional use until relative to the impact of the proposed use on a the time period for action by the town board has wellhead protection area. (2) Conditional uses. (a) Statement of expired. purposes. The development and execution of 2. Either the town board or the zoning this ordinance is based upon the division of the committee may deny an application for county into districts, within which districts the use conditional use permit. If the town board action of land and buildings, and bulk and location of is denial no further action by the zoning buildings and structures in relation to the land committee is required. The zoning committee are mutually compatible and substantially may approve or deny a conditional use permit uniform. However, there are certain uses which, without town action if the town board fails to act because of their unique characteristics, cannot within the time period set forth in sub. 1. above. be properly classified as unrestricted permitted All such decisions may be appealed to the uses in any particular district or districts, without county board under sub. (2)(j). If the county consideration, in each case, of the impact of board reverses a denial by the town board, the those uses upon neighboring land or public application shall be referred to the zoning facilities, and of the public need for the particular committee with instructions to draft appropriate use at a particular location. Such uses, conditions. nevertheless, may be necessary or desirable to 3. Town board and zoning committee actions be allowed in a particular district provided that shall be supported by written findings of fact. due consideration is given to location, Failure of a town board or the zoning committee development and operation of such uses. Such to make written findings of fact shall constitute uses are classified as conditional uses and are approval of the application. Except for of such an unusual nature that their operation conditional use permit applications for a small may give rise to unique problems with respect to scale electric generating station, using wind or their impact upon neighboring property or public solar energy, under s. 10.123(3)(n), written facilities. The following provisions are then findings of fact shall, at a minimum, address the established to regulate those conditional uses standards enumerated in sub. (2)(h) and, where which require special consideration. applicable, s. 10.123(3). Written findings of fact (b) Authority. Subject to sub. (c), the zoning for conditional use permit applications for a small committee, after a public hearing, shall, within a scale electric generating station under s. reasonable time, grant or deny any application 10.123(3)(n), using wind or solar energy, shall for conditional use. Prior to granting or denying exclusively address the standards enumerated in a conditional use, the zoning committee shall sub. (2)(o). All findings shall be based solely make findings of fact based on evidence upon the evidence within the public record. presented and issue a determination whether the 4. If the town board approves the application prescribed standards are met. No permit shall subject to conditions and such conditions are be granted when the zoning committee or amended or deleted by the zoning committee, applicable town board determines that the the conditional use permit as approved by the standards are not met, nor shall a permit be zoning committee shall be submitted to the town denied when the zoning committee and board for approval of the zoning committee's applicable town board determine that the conditions or denial of the permit. The town standards are met. board shall submit a certified resolution (c) Town/zoning committee action. 1. The indicating their action to the zoning administrator town board of the town where a conditional use within forty (40) days of the approval by the zoning committee. If the town board does not Page 10-65 rev. 013116