Zoning, building permits and septic rules in Village of Benton, Wisconsin

Village of Benton’s own rules

• Building permitRequired

  New buildings and structures, alterations, moving and razing inside Benton village

  • Permit issued by the building inspector or designee
  • Permit lapses if work not commenced within six months or not completed within 12 months
  • Repairs for maintenance not affecting structure are treated separately in § 130-2 a(2)(b)

  “no building of any kind shall be moved within or into the village and no new building or structure, or any part thereof, shall hereafter be erected, or ground broken for the same, or enlarged, altered, moved, demolished, razed or used within the village, except as herein provided, until a permit therefor shall first have been obtained by the owner or his or her authorized agent from the building inspector or his or her designee.”

• Building code adoptedAdopted

  One- and two-family dwellings inside Benton village

  • Scope is one- and two-family dwellings; ch. 130 also adopts other construction standards in § 130-4 (not reviewed)

  “the wisconsin uniform dwelling code, chs. sps 320 through 325, wis. adm. code, and all amendments thereto, is adopted and incorporated by reference and shall apply to all buildings within the scope of this section.”

• InspectionsRequired

  One- and two-family dwelling construction inside Benton village

  • Building inspector must be certified under Wis. Stat. § 101.66(2) as a UDC construction inspector

  “there is hereby created the position of building inspector, who shall administer and enforce this section and shall be certified by the division of safety and buildings, as specified by § 101.66(2), wis. stats., in the category of uniform dwelling code construction inspector.”

• Certificate of occupancyRequired

  Occupancy of buildings inside Benton village

  • Certificate not issued until sewer, water, grading and graveling are installed in the streets serving the property

  “no person shall occupy any building until sewer, water, grading and graveling are installed in the streets necessary to service the property and a certificate of occupancy shall not be issued until such utilities are servicing the property.”

• Local zoningPresent (with conditions)

  Land inside Benton village (Lafayette County) limits

  • Zoning map dated March 5, 1997; annexed land goes to the RD Rural Development district first

  “annexations to or consolidations with the village subsequent to the effective date of this chapter shall be placed in the rd rural development district unless the annexation ordinance temporarily placed the land in another district.”

• Zoning districtsPublished

  Benton village zoning districts

  • Districts listed: R-SL, R-SM, R-M, R-MH, B-G, B-N, B-H, B-P, I, RD, PG, C, PUD, M-1
  • Zoning map dated March 5, 1997, held at village clerk-treasurer's office

  “the boundaries of the districts enumerated in § 390-12 above are hereby established as shown on a map entitled "zoning map, village of benton, wisconsin," dated march 5, 1997”

• Minimum dwelling sizeSpecified

  R-SL single-family residential low-density district, Benton village

  • R-SM district is 720 sq ft minimum floor area (each side 20 feet)

  minimum total floor area: >= 900 sq ft · minimum side length: >= 20 feet

  “building area: each side of a home shall be a minimum 20 feet but not less than 900 square feet total floor area.”

• Minimum lot sizeSpecified

  R-SM single-family residential medium-density district, Benton village

  • Same numbers also appear in the R-M district

  lot area: >= 7200 sq ft · lot frontage: >= 60 feet · lot depth: >= 80 feet

  “(1) lot frontage: minimum 60 feet. (2) lot depth: minimum 80 feet. (3) lot area: minimum 7,200 square feet.”

  One more reviewed finding on this topic

  • Specified — R-SL single-family residential low-density district, Benton village

    “(1) lot frontage: minimum 80 feet. (2) lot depth: minimum 80 feet. (3) lot area: minimum 9,000 square feet.”

• SetbacksSpecified

  R-SL district principal building, Benton village

  • Accessory buildings: front 30 ft, sides 10 ft, rear 10 ft

  front yard: >= 25 feet · side yards: >= 12 feet · rear yard: >= 30 feet

  “(a) front yard: minimum 25 feet. (b) side yards: minimum 12 feet. (c) rear yard: minimum 30 feet.”

• Lot coverageSpecified

  R-M multiple-family residential district, Benton village

  • No lot coverage limit seen in R-SL section

  lot coverage: <= 30 percent

  “(d) building height: maximum 15 feet. (6) lot coverage: maximum 30%.”

• Building heightSpecified

  R-SL district, Benton village

  • Accessory buildings maximum 15 feet

  principal building height: <= 35 feet

  “(d) building height: maximum 35 feet. (e) building area: each side of a home shall be a minimum 20 feet”

• Manufactured homesLimited

  Manufactured home parks in the R-MH Manufactured Home Residential District, Benton village

  • Park development needs a minimum area of two acres
  • Placement requirements in § 390-17 f (age limits on units) not fully reviewed

  minimum park area: >= 2 acres

  “each manufactured home park development shall have a minimum area of two acres.”

• Permit processPublished (with conditions)

  Building permit applications inside Benton village

  • Plans and plot plan required with application

  “with such application, there shall be submitted two complete sets of plans and specifications, including a plot plan showing the location and dimensions of all buildings and improvements on the lot”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Village of Benton or Lafayette County directly.

• Owner-builder exemption — Owner-builders inside Benton village
• Living in an RV — RV occupancy inside Benton village
• Camping on your land — Temporary camping inside Benton village
• Tiny homes — Tiny homes inside Benton village
• Accessory dwellings — Accessory dwellings inside Benton village

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.