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POND, 9
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POND, 9
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10.16(2) - (4) <br />similar structures may be erected to a height greater <br />than the maximum permitted in the district in which <br />they are located; provided, however, that no part of <br />that structure above such height limit shall be used <br />for residential purposes.' <br />(3) Area, frontage and population density. (a) <br />Any lot or parcel shown on a recorded subdivision, <br />plat or assessor's plat, or conveyance recorded in <br />the office of the Register of Deeds for Dane County <br />prior to the adoption of this ordinance, may be used <br />as a building site, or for any use permitted in the <br />zoning district in which the lot is located even <br />though such lot or parcel does not conform to the <br />minimum frontage or area requirements of the <br />district in which it is located; provided, however, <br />that no multiple family dwelling or residential unit <br />in combination with some other use shall be <br />erected, altered or converted in use on lots having a <br />width of less than 50 feet. <br />(b) When two (2) or more lots or parcels of land <br />each of which lacks adequate area or dimensions <br />prescribed for the zoning districts in which they are <br />located, are contiguous and held in one ownership, <br />they may be used as one lot if they meet the area <br />and dimensional requirements of the district; <br />provided, however, these provisions shall not apply <br />where a principal building or use is established on <br />each of the undersized lots. With such addition, <br />such lots or parcels do not reach the minimum area <br />or frontage required in such district; provided, <br />however, that subsequent to such addition, the side <br />yard, open space and percentage of occupancy <br />provision for lots of the resulting size shall apply; <br />and provided further, that after buildings have been <br />erected on such Tots or parcels their area or width <br />shall not thereafter be reduced, except in <br />conformity to the provisions of this ordinance. <br />(4) Setback, front yard. (a) In a district in which <br />retail fuel sales are permitted, pumps, pump islands <br />and related canopies may be located within the <br />setback lines, but not closer to the lot line or <br />highway right-of-way line than 20 feet. On corner <br />lots no pump, pump island or related canopy shall <br />be closer to either street or highway than 20 feet. <br />The total height of any overhead canopy shall not <br />exceed 20 feet as measured to the highest point of <br />the structure and shall be located a minimum of 8 <br />feet above grade. <br />(b) In case of interior lots having frontage on two <br />(2) side streets, no accessory building shall extend <br />into the setback area of either street. <br />(c) When the side line of an interior lot is formed <br />wholly or in part by the rear line of an abutting <br />corner lot and the street side yard for the main <br />building is less than the setback from the main <br />building facing such street, the setback for the <br />building on such interior lot may be modified so as <br />to be midway between the side yard for the <br />building on the corner lot and the setback from <br />such street. <br />(d) In platted subdivisions recorded before the <br />adoption of this ordinance where a building line <br />shall have been established by the construction of <br />buildings on 30 percent of the lots in any one (1) <br />block, such established setback line shall be the <br />setback for that block, but in no event shall such <br />setback be less than 20 feet. <br />(e) No existing building, erected prior to the <br />adoption of this ordinance, which projects into the <br />setback area shall be moved, structurally altered or <br />added to so as to increase that part of the building <br />projecting into the setback area. This provision <br />shall not be construed to prohibit additions or <br />alterations which conform to the setback <br />requirements. <br />(f) For purposes of entry to a commercial or <br />multi -family building, steps or stoops may be <br />constructed in such a manner that they intrude into <br />the required setback area provided such structures <br />are not more than three (3) feet above ground level <br />and do not extend more than four (4) feet into the <br />required setback area. <br />(fm) For purposes of entry to single family or <br />duplex residence buildings, steps, stoops or decks <br />may be constructed in such a manner that they <br />intrude into the required front yard setback area <br />provided that any such steps, stoop or deck does <br />not exceed a maximum height of 5 feet above <br />ground level or exceed a width of 12 feet side to <br />side and provided further any such structure does <br />not extend any further into the required setback <br />area than a distance that would be the lesser of <br />3 [NOTE: OA 16, 1996-97, pub. 01/16/97, contains language indicating an intent to amend s. <br />70. 76(2)(g) to read as follows: "Notice of public hearing shall be given by publication of a Class 2 notice as <br />provided for in chapter 985 of the Wisconsin Statutes. Notice to parties of interest shall be according to <br />policies established by the committee." It appears that the intent was to amend s. 10.255(2)(g) in the manner <br />indicated. In order to be effective, this amendment requires further legislative action; a bill to correct this <br />situation is pending. <br />Page 10-29 <br />rev. 103198 <br />
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