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10.16(3)(b)—(4)(a) <br /> zoning districts in which they are located, may be 4. At the time the restrictive covenant is <br /> used as one zoning lot if all of the following recorded, all lots must: <br /> conditions are met: a. Be in common ownership; <br /> 1. The landowner submits to the department b. Appear in a subdivision plat or certified <br /> of planning and development a site plan of the survey map recorded in the office of the register <br /> properties to be combined, in a format and level of deeds prior to May 21, 1970; <br /> of detail approved by the zoning administrator; c. Be in the same zoning district; and <br /> 2. Prior to the combination of lots, the d. Be either contiguous or on opposite sides of <br /> landowner obtains all necessary local, county, a public or private road or right of way, provided <br /> state or federal permits related to any that in the case of two or more lots separated by <br /> construction or earthmoving proposed on the a road or right of way, the distance between the <br /> combined lots, including, but not limited to, the side lot lines of each possible combination of two <br /> following: lots, as measured in a direction parallel to the <br /> a. Filling and grading permits under s. 11.05; right of way, does not exceed two hundred feet; <br /> b. Erosion control permits, plans or simplified 5. Residential accessory buildings are <br /> plan checklists under ch. 14; permitted on vacant portions of combined lots, <br /> c. Sanitary permits under ch. 46; provided that all other conditions of s. <br /> d. Rezoning of so much of the lots as are 10.04(1)(b)are met. <br /> classified as wetlands, if required under s. 11.10; 6. On contiguous lots, all setback, lot <br /> e. Floodway and floodfringe determinations coverage, yard and percentage of occupancy <br /> under s. 17.44; and provisions shall apply as if the combined lots <br /> f. Wetland fill permits from the U.S. Army were a single lot. <br /> Corps of Engineers and Clean Water Act 7. Lots separated by a public or private road <br /> certification from the Wisconsin Department of or right of way may be combined for the <br /> Natural Resources. purposes of placing or erecting a residential <br /> 3. The landowner creates and executes a accessory building only. On lots so separated, <br /> restrictive covenant which expressly states that all setback, lot coverage, yard and percentage of <br /> the subject lands are combined into a single occupancy provisions shall apply to each <br /> parcel for all purposes including, but not limited individual lot as if the lots were not combined. <br /> to, meeting zoning requirements. The restrictive 8. Principal buildings or uses shall not exist on <br /> covenant shall: more than one of the lots to be combined. <br /> a. Be in a form approved by the zoning 9. After buildings have been erected on <br /> administrator; combined lots, the area, width or length of the <br /> b. Expressly provide that the subject lands are combined lots shall not be reduced, except in <br /> combined into a single parcel which may not conformity with the provisions of this ordinance <br /> thereafter be divided without the express written and applicable provisions of other chapters of <br /> consent of both the County of Dane and the the Dane County Code of Ordinances. <br /> town(s) in which the subject lands are located; (4) Setback, front yard. (a) In districts in <br /> c. Grant joint and several rights of which retail fuel sales are permitted, pumps, <br /> enforcement to the County of Dane and to the pump islands and related canopies, including <br /> town(s) in which the subject lands are located; canopy supports, may be located within the <br /> d. Recite that the restrictive covenant and its setback area, but not closer than 20 feet to the <br /> various provisions are binding on the owner's boundary line, provided that in any such district <br /> successors and assigns in perpetuity and that in an urban area, pumps, pump islands, and <br /> the covenant and its provisions otherwise run related canopies, including canopy supports, <br /> with the land; may be located within the setback area but the <br /> e. Provide that the restrictive covenant or any pumps, pump islands and canopy supports may <br /> of its provisions may not be amended, modified not be located closer than 12 feet to the <br /> or repealed without the express written consent boundary line, and no part of the canopy may be <br /> of both the County of Dane and the town(s) in located closer than 3 feet to the boundary line. <br /> which the subject lands are located; and The total height of any overhead canopy shall <br /> not exceed 20 feet as measured to the highest <br /> f. Be recorded in the office of the register of point of the structure and shall be located a <br /> deeds. minimum of 8 feet above grade. As used in this <br /> Page 10-32 <br /> rev.022908 <br />