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10.16(3)(b) — (4)(a) (b) Two (2) or more lots or parcels of land in f. Be recorded in the office of the register of common ownership, each of which lacks deeds. i adequate area or dimensions prescribed for the 4. At the time the restrictive covenant is zoning districts in which they are located, may be recorded, all lots must: used as one zoning lot if all of the following .4. Be in common ownership; conditions are met: (I Appear in a subdivision plat or certified 1. The landowner submits to the department survey map recorded in the office of the register of planning and development a site plan of the of deeds prior to May 21, 1970; properties to be combined, in a format and level c. Be in the same zoning district; and of detail approved by the zoning administrator; d. Be either contiguous or on opposite sides of 2. Prior to the combination of lots, the a public or private road or right of way, provided landowner obtains all necessary local, county, that in the case of two or more lots separated by state or federal permits related to any a road or right of way, the distance between the construction or earth moving proposed on the side lot lines of each possible combination of two combined lots, including, but not limited to, the lots, as measured in a direction parallel to the following: right of way, does not exceed two hundred feet; a. Filling and grading permits under s. 11.05; 5. Residential accessory buildings are b. Erosion control permits, plans or simplified permitted on vacant portions of combined lots, plan checklists under ch. 14; provided that all other conditions of s. c. Sanitary permits under ch. 46; 10.04(1)(b) are met. 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 lot 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 pumps, pump islands and canopy supports may with the land; e. Provide that the restrictive covenant or any not be located closer than 12 feet to the modified boundary line, and no part of the canopy may be of its provisions may not be amended, modi located closer than 3 feet to the boundary line. or repealed without the express written consent The total height of any overhead canopy shall of both the County of Dane and the town(s) in not exceed 20 feet as measured to the highest which the subject lands are located; and Page 10-30 rev. 103102