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10.16(3)(b)2.d.—(4)(d) • d. Rezoning of so much of the lots as are 6. On contiguous lots, all setback, lot classified as wetlands, if required under s. 11.10; coverage, yard and percentage of occupancy e. Floodway and floodfringe determinations provisions shall apply as if the combined lots under s. 17.44; and were a single lot. f. Wetland fill permits from the U.S. Army 7. Lots separated by a public or private road Corps of Engineers and Clean Water Act or right of way may be combined for the certification from the Wisconsin Department of purposes of placing or erecting a residential Natural Resources. accessory building only. On lots so separated, 3. The landowner creates and executes a all setback, lot coverage, yard and percentage of restrictive covenant which expressly states that occupancy provisions shall apply to each the subject lands are combined into a single individual of as if the lots were not combined. parcel for all purposes including, but not limited 8. Principal buildings or uses shall not exist on to, meeting zoning requirements. The restrictive more than one of the lots to be combined. covenant shall: 9. After buildings have been erected on a. Be in a form approved by the zoning combined lots, the area, width or length of the administrator; combined lots shall not be reduced, except in b. Expressly provide that the subject lands are conformity with the provisions of this ordinance combined into a single parcel which may not and applicable provisions of other chapters of • thereafter be divided without the express written the Dane County Code of Ordinances. consent of both the County of Dane and the (4) Setback, front yard. (a) In districts in town(s) in which the subject lands are located; which retail fuel sales are permitted, pumps, c. Grant joint and several rights of pump islands and related canopies, including enforcement to the County of Dane and to the canopy .supports, may be located within the town(s) in which the subject lands are located; setback area, but not closer than 20 feet to the d. Recite that the restrictive covenant and its boundary line, provided that in any such district various provisions are binding on the owner's in an urban area, pumps, pump islands, and successors and assigns in perpetuity and that related canopies, including canopy supports, the covenant and its provisions otherwise run may be located within the setback area but the with the land; pumps, pump islands and canopy supports may e. Provide that the restrictive covenant or any not be located closer than 12 feet to the • of its provisions may not be amended, modified boundary line, and no part of the canopy may be or repealed without the express written consent located closer than 3 feet to the boundary line. of both the County of Dane and the town(s) in The total height of any overhead canopy shall not exceed 20 feet as measured to the highest which the subject lands are located; and point of the structure and shall be located a f. Be recorded in the office of the register of minimum of 8 feet above grade. As used in this deeds. paragraph (a), boundary line means,the more 4. At the time the restrictive covenant is restrictive of either the lot line or the highway recorded, all lots must: right-of-way line. a. Be in common ownership; (b) In case of interior lots having frontage on b. Appear in a subdivision plat or certified two (2) side streets, no accessory building shall survey map recorded in the office of the register extend into the setback area of either street. of deeds prior to May 21, 1970; (c) When the side line of an interior lot is c. Be in the same zoning district; and formed wholly or in part by the rear line of an d. Be either contiguous or on opposite sides of abutting corner lot and the street side yard for a public or private road or right of way, provided the main building is less than the setback from that in the case of two or more lots separated by the main building facing such street, the setback a road or right of way, the distance between the for the building on such interior lot may be side lot lines of each possible combination of two modified so as to be midway between the side lots, as measured in a direction parallel to the yard for the building on the corner lot and the right of way, does not exceed two hundred feet; setback from such street. 5. Residential accessory buildings are (d) In platted subdivisions recorded before the permitted on vacant portions of combined lots, adoption of this ordinance where a building line provided that all other conditions of s. .shall have been established by the construction 10.04(1)(b) are met. of buildings on 30 percent of the lots in any one Page 10-47 rev. 073113