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

Village of Clayton’s own rules

• Building permitRequired

  New buildings and structures, enlargements, alterations, moves and demolitions inside Clayton village

  • Permit issued by the village building inspector
  • No permit needed for work deemed minor repair on 1-2 family dwellings
  • Plans may be waived for alterations, repairs or moving costing $5,000 or less
  • Permit decision within 10 business days
  • Permit lapses if work not commenced within 12 months and in any event two years after issuance

  permit decision deadline: <= 10 business days

  “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”

• Building code adoptedAdopted

  Buildings in Clayton village; the village adopts state SPS codes for municipal enforcement

  • Adopts SPS 320-325 Uniform Dwelling Code, SPS 361-366 commercial code, SPS 381-387 plumbing, SPS 316 electrical, and the IRC 2009 property maintenance code
  • Future amendments are incorporated
  • Village expands UDC scope to pre-June 1, 1980 dwelling additions/alterations, detached garages serving 1-2 family dwellings, and residential sheds over 120 sq ft

  “the following wisconsin administrative codes and subsequent revisions are adopted for municipal enforcement:”

• InspectionsRequired

  Permitted construction inside Clayton village

  • Permittee requests inspections; inspector must perform within 48 hours (excluding weekends/holidays) except final inspection
  • Construction may not proceed beyond the point of inspection until completed, unless inspection has not occurred within 48 hours
  • Building inspector must be state-certified UDC and commercial inspector

  inspection response time: <= 48 hours (final inspection)

  “the inspector shall perform the requested inspection within 48 hours after notification, except the final inspection.”

• Local zoningPresent

  Land inside Clayton village (Polk County, WI)

  “this chapter is adopted under the authority granted by §§ 61.35 and 62.23(7), wis. stats.”

• Minimum dwelling sizeSpecified

  Dwellings in the R-1 single-family residential district inside Clayton village

  • R-2 duplexes: 600 sq ft per unit; R-3: 800 sq ft per unit (not quoted); A-1 building size subsection was not read

  minimum total finished floor area: >= 960 sq ft

  “every building hereafter erected, moved or structurally altered for dwelling purposes shall provide total finished floor area of not less than 960 square feet.”

• Minimum lot sizeSpecified

  A-1 Agricultural District inside Clayton village

  minimum lot area: >= 5 acres · minimum lot width: >= 300 feet

  “b. dimensional requirements: (1) minimum lot area: five acres. (2) minimum lot width: 300 feet.”

  One more reviewed finding on this topic

  • Specified — R-1 Single-Family Residential District inside Clayton village

    “b. dimensional requirements: (1) minimum lot area: 13,000 square feet. (2) minimum lot width: 100 feet.”

• SetbacksSpecified

  A-1 Agricultural District inside Clayton village

  • Accessory building side/rear: 25 ft, except buildings housing agricultural or exotic animals, which need at least 100 ft from all property lines

  front yard setback: >= 30 feet · side yard setback, principal building: >= 25 feet · rear yard setback, principal building: >= 25 feet

  “(3) front yard setback: 30 feet. (4) side yard setback for principal building: 25 feet. (5) rear yard setback for principal building: 25 feet.”

  One more reviewed finding on this topic

  • Specified — R-1 Single-Family Residential District inside Clayton village

    “(3) front yard setback: 30 feet. (4) side yard setback for principal building: 10 feet. (5) rear yard setback for principal building: 25 feet.”

• Building heightSpecified

  A-1 Agricultural District inside Clayton village

  maximum height, residential dwellings: <= 35 feet · maximum height, all other structures: <= 60 feet

  “(8) maximum building height: (a) residential dwellings: 35 feet. (b) all other structures: 60 feet.”

  One more reviewed finding on this topic

  • Specified — R-1 Single-Family Residential District inside Clayton village

    “(6) side/rear yard setback for accessory building: three feet. (7) maximum building height: 35 feet.”

• Manufactured homesProhibited

  Manufactured (mobile) homes in the R-1 single-family residential district inside Clayton village

  • Applies to R-1 only; the code cross-references § 510-113c; rules for other districts not read

  “manufactured homes (mobile homes) are prohibited in the r-1 district.”

• Mandatory utility hookupConditional

  New buildings inside Clayton village

  • Sewer must be installed (and street graded and graveled) before a building permit issues; no distance rule or water-connection rule was seen

  “no building permit shall be issued for the construction of any building until sewer is installed and grading and graveling of the street necessary to service the property for which the permit is required is completed.”

• Permit feesVariable (with conditions)

  Building permit and administrative fees inside Clayton village

  • Fee amounts are not in the code; schedule is kept at the village clerk-treasurer's office

  “all permit and administrative fees assessed under this chapter shall be established from time to time by resolution of the village board. a schedule of fees is available in the office of the village clerk-treasurer.”

• Permit processPublished (with conditions)

  Building permit applications inside Clayton village

  • Application form from the village clerk-treasurer; three sets of plans plus plot plan with legal description
  • Building inspector grants or denies within 10 business days

  “after the receipt of an application and plans required by this section, the building inspector shall grant or deny the application within 10 business days.”

Still unanswered

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

• Owner-builder exemption — Owner-builders inside Clayton village
• Certificate of occupancy — Occupancy of new buildings inside Clayton village
• Lot coverage — A-1 and R-1 districts inside Clayton village
• Living in an RV — RV occupancy inside Clayton village
• Camping on your land — Temporary camping inside Clayton 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.