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Village of Clayton, WI
Polk County
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Table of Contents
Table of Contents
For the purpose of this chapter, present and future, provision is hereby made for the division of the Village of Clayton into the following zoning districts:
A-1
Agricultural District
R-1
Single-Family Residential District
R-2
Two-Family Residential District
R-3
Multiple-Family Residential District
B-1
Business/Commercial District
B-2
Highway Business/Commercial District
I-1
Industrial District
G-1
Governmental/Institutional District
C-1
Conservancy/Parks District
MH
Residential District
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Vacation of streets. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.
B. 
Annexations. Annexations to or consolidations with the Village subsequent to the effective date of this chapter shall be placed in the R-1 Single-Family Residential District, unless the annexation ordinance places the land in another district.
A. 
The Village of Clayton is hereby divided into zoning districts as shown upon a map designated as the Official Zoning Map of the Village of Clayton and made a part of this chapter. The Official Zoning Map and all the notations, references and other information shown thereon are a part of this chapter and shall have the same force and effect as if the matters and information set forth by said map were fully described herein. The Official Zoning Map shall be properly attested and kept on file along with the text of the official zoning regulations in the office of the Village Clerk-Treasurer.
B. 
The district boundaries shall be determined by measurement from and as shown on the Official Zoning Map, and in case of any question as to the interpretation of such boundary lines, the Village Board shall interpret the map according to the reasonable intent of this chapter. Unless otherwise specifically indicated or dimensioned on the map, the district boundaries are normally lot lines; section, quarter-section or sixteenth-section lines; or the center lines of streets, highways, railways or alleys.
Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:
A. 
Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.
B. 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C. 
Boundaries indicated as approximately following Village boundaries shall be construed as following municipal boundaries.
D. 
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
E. 
Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.
F. 
Boundaries indicated as parallel to or extensions of features indicated in the preceding shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.
A. 
Purpose. This district is intended to provide for the continuation of general farming and related uses in those areas of the Village that are not yet committed to development. It is further intended for this district to protect lands contained therein from development until their orderly transition into urban-oriented districts is required.
B. 
Dimensional requirements:
(1) 
Minimum lot area: five acres.
(2) 
Minimum lot width: 300 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.
(6) 
Side/rear yard setback for accessory building: 25 feet, except animal housing at Subsection B(7) below.
(7) 
All buildings housing agricultural or exotic animals, including, but not limited to, cattle, sheep, goats, hogs, horses, fowl, llamas, etc., shall have a setback of not less than 100 feet from all property boundary lines.
(8) 
Maximum building height:
(a) 
Residential dwellings: 35 feet.
(b) 
All other structures: 60 feet.
(9) 
Building size. Every building hereafter erected, moved or structurally altered for dwelling purposes shall provide total finished floor area of not less than 960 square feet per dwelling unit.
C. 
Permitted uses.
(1) 
A building or premises shall be used only for the following purposes:
(a) 
General farming, including agriculture, dairying, floriculture, forestry, grazing, hay, orchards, truck farming and viticulture (grape growing); provided, however, that farm buildings housing animals, barnyards and feed lots shall not be located in a floodland area and shall be located at least 100 feet from any navigable water or any boundary of a residential district.
(b) 
One single-family residential dwelling.
(2) 
Manufactured homes (mobile homes) are prohibited in the A-1 District. See § 510-113C.
D. 
Permitted accessory uses:
(1) 
Attached or detached private garages and carports accessory to permitted or permitted accessory uses.
(2) 
General farm buildings, including barns, silos, sheds, storage bins and including not more than one roadside stand for the sale of farm products produced on the premises. Any such stand shall conform to the setback, sign and other provisions of this chapter.
E. 
Conditional uses:
(1) 
Drive-in establishments selling seasonal fruits and vegetables, provided only temporary stands and existing buildings are used.
(2) 
Home occupations.
(3) 
Mini storage rental unit facilities.
(4) 
Public utility installations.
A. 
Purpose. This district is intended to provide for residential development limited to single-family dwellings set individually on separate lots.
B. 
Dimensional requirements:
(1) 
Minimum lot area: 13,000 square feet.
(2) 
Minimum lot width: 100 feet.
(3) 
Front yard setback: 30 feet.
(4) 
Side yard setback for principal building: 10 feet.
(5) 
Rear yard setback for principal building: 25 feet.
(6) 
Side/rear yard setback for accessory building: three feet.
(7) 
Maximum building height: 35 feet.
(8) 
Building size. Every building hereafter erected, moved or structurally altered for dwelling purposes shall provide total finished floor area of not less than 960 square feet.
C. 
Permitted uses.
(1) 
A building or premises shall be used only for the following purposes:
(a) 
Single-family dwellings.
(2) 
Manufactured homes (mobile homes) are prohibited in the R-1 District. See § 510-113C.
D. 
Permitted accessory uses:
(1) 
Accessory building or use, including a private garage, carport and paved parking area customarily incident to the above uses, but not involving the conduct of a business.
E. 
Conditional uses. A building or premises shall be used only for the following purposes when approved as a conditional use:
(1) 
Public utility offices and installations.
(2) 
Church or other place of worship.
(3) 
Home occupations.
(4) 
Child-care facilities.
(5) 
Bed-and-breakfast establishments.
(6) 
Kennels.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Purpose. This district is intended to provide for residential development limited to two-family dwellings, such as duplexes and twin homes set individually on separate lots.
B. 
Dimensional requirements.
(1) 
General requirements:
(a) 
Minimum lot area: 13,000 square feet.
(b) 
Minimum lot width: 100 feet.
(c) 
Front yard setback: 30 feet.
(d) 
Side yard setback for principal building: 10 feet.
(e) 
Rear yard setback for principal building: 25 feet.
(f) 
Side/rear yard setback for accessory building: three feet.
(g) 
Maximum building height: 35 feet.
(2) 
Two-family dwelling (duplexes) requirements:
(a) 
Minimum floor area of 600 square feet per dwelling unit.
(b) 
Minimum lot size of 6,500 square feet per dwelling unit.
(3) 
Twin home requirements.
(a) 
The attached side yard setback, or common wall between the two dwelling units, shall be zero feet;
(b) 
The minimum lot area for each of the two dwelling units shall be 6,500 square feet;
(c) 
The minimum lot width for each of the two dwelling units shall be 50 feet;
(d) 
Each dwelling unit shall be located on a separate lot;
(e) 
A twin home may not be split or divided into additional residential units;
(f) 
Each residential unit shall have its own sanitary sewer and water lateral; and
(g) 
A minimum fire wall complying with § SPS 321.08, Wis. Adm. Code, as amended from time to time, providing a vertical separation of all areas from the lowest level to flush against the underside of the roof, is required between each dwelling unit.
C. 
Permitted uses.
(1) 
A building or premises shall be used only for the following purposes:
(a) 
Any use permitted in the R-1 Single-Family Residential District.
(b) 
Two-family dwellings (duplexes).
(c) 
Twin homes.
(2) 
Manufactured homes (mobile homes) are prohibited in the R-2 District. See § 510-113C.
D. 
Permitted accessory uses:
(1) 
Accessory building or use, including a private garage, carport and paved parking area customarily incident to the above uses, but not involving the conduct of a business.
E. 
Conditional uses. A building or premises shall be used only for the following purposes when approved as a conditional use:
(1) 
Public utility offices and installations.
(2) 
Church or other place of worship.
(3) 
Home occupations.
(4) 
Child-care facilities.
(5) 
Planned unit developments.
(6) 
Bed-and-breakfast establishments.
(7) 
Kennels.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Purpose. This district is intended to provide for multiple-family apartments, to include family or garden types, elevator and walk-up types, efficiency or studio types, PUDs and condominiums, subject to other provisions of this chapter.
B. 
Dimensional requirements:
(1) 
Minimum lot area: 10,000 square feet; minimum lot area per dwelling unit: 3,500 square feet.
(2) 
Minimum lot width: 70 feet.
(3) 
Front yard setback: 25 feet.
(4) 
Side yard setback for principal building: 10 feet.
(5) 
Rear yard setback for principal building: 25 feet.
(6) 
Side/rear yard setback for accessory building: three feet.
(7) 
Maximum building height:
(a) 
Principal structure: 45 feet.
(b) 
Accessory structure: 25 feet.
(8) 
Building size. Every building hereafter erected, moved or structurally altered for occupancy shall provide a floor area of not less than 800 square feet per dwelling unit.
C. 
Permitted uses.
(1) 
A building or premises shall be used only for the following purposes:
(a) 
Any use permitted in the R-1 Single-Family Residential District.
(b) 
Any use permitted in the R-2 Two-Family Residential District.
(c) 
Multiple-family dwellings.
(d) 
Church or other place of worship, provided that any such building shall be located not less than 25 feet from any side lot line.
(2) 
Manufactured homes (mobile homes) are prohibited in the R-3 District. See § 510-113C.
D. 
Permitted accessory uses:
(1) 
Accessory building or use, including a private garage, carport and paved parking area customarily incident to the above uses, but not involving the conduct of a business.
E. 
Conditional uses. A building or premises shall be used only for the following purposes when approved as a conditional use:
(1) 
Public utility offices and installations.
(2) 
Nursing and rest homes and homes for the aged.
(3) 
Home occupations.
(4) 
Funeral homes.
(5) 
Planned unit developments.
(6) 
Bed-and-breakfast establishments.
(7) 
Kennels.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Purpose. This district is intended to provide appropriate regulations to ensure compatibility of the diverse uses typical of the downtown area without inhibiting the potential for maximum development of commercial, cultural, entertainment and other activities which contribute to its role as the heart of the Village.
B. 
Dimensional requirements:
(1) 
Minimum lot area: 2,500 square feet.
(2) 
Minimum lot width: 33 feet.
(3) 
Setbacks for principal building. There shall be no setbacks for principal commercial buildings located in the B-1 District. Where a lot abuts a residential district on one side and business district on another side, the residential setback shall apply to the whole lot.
(4) 
Side/rear yard setback for accessory buildings: five feet.
(5) 
Height. Any building hereafter erected or altered shall not exceed 35 feet in height.
(6) 
Building size. There shall be no minimum building size.
C. 
Permitted uses. The following uses are permitted in the Business/Commercial District:[1]
Amusement arcades
Antique or secondhand stores
Automotive vehicle and related equipment service establishments, but not including the storage of junked, wrecked, or salvage automobiles, vehicles, and related salvage equipment or parts
Bakeries
Banks and financial institutions
Barbershops/beauty salons
Bus depots
Churches
Department stores, variety or general merchandise stores
Dressmaking establishments
Drugstores or pharmacies
Dry cleaning
Electric repair shops
Employment agencies
Florist or greenhouses
Floral/gift shops
Funeral homes
Gas stations
Grocery stores or supermarkets
Historic and cultural features and buildings
Laundries
Liquor stores
Medical, dental, or other health care clinics
Offices, commercial, government, professional or utility
Painting and decorating shops
Personal and business service and repair establishments
Photograph galleries
Plumbing shops
Post offices and commercial package delivery outlets
Printing shops
Private clubs and lodges
Public garages
Restaurants, cafes, taverns, and bars
Retail sales establishments
Sales or show rooms
Shoe repair shops
Stores and shops for the conduct of retail business
Studios
Tailor shops
Theaters, bowling alleys, and places of amusement
Veterinary clinics
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Permitted accessory uses. An accessory building or use shall be used only for the following purposes:
(1) 
Garages for storage of vehicles used in conjunction with the operation of the business.
(2) 
Off-street parking and loading areas.
(3) 
Any other structure or use normally auxiliary to the above uses.
E. 
Conditional uses. A building or premises shall be used only for the following purposes when approved as a conditional use:
(1) 
Rental apartments as a secondary use of a commercial building, provided that the rental apartments are not on the street level or main floor, and provided that off-street parking is provided for such tenants.
(2) 
Public utility installations.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Prohibited uses. The following uses are prohibited:
(1) 
Sale, slaughtering, and storage of livestock.
(2) 
Sale and storage of metals, minerals, stone, scrap and waste materials, except in small quantities as part of the stock of a hardware or building materials establishment.
(3) 
The outside storage of any automobiles, vehicles, and related equipment adjacent to or across the street from a residential district, except where screened by a fence as defined, described, and permitted under § 510-88B of this chapter.
A. 
Purpose. This district is intended to provide for large-scale retail and customer service establishments serving primarily the convenience of the entire local community through facilities, and the character, appearance and operation of which are compatible with the higher volume of customer and vehicular traffic attributable to the Highway Business/Commercial District.
B. 
Dimensional requirements:
(1) 
Minimum lot area: 15,000 square feet.
(2) 
Minimum lot width: 100 feet.
(3) 
Front yard setback: 20 feet.
(4) 
Side yard setback for principal building: 20 feet, except, where a premises abuts a residential district on one side and a Highway Business/Commercial District on another side, the residential setback shall apply to the whole lot.
(5) 
Rear yard setback for principal building: 20 feet, except, where a premises abuts a residential district on one side and a Highway Business/Commercial District on another side, the residential setback shall apply to the whole lot.
(6) 
Side/rear yard setback for accessory building: 10 feet.
(7) 
Maximum building height: 35 feet.
C. 
Permitted uses. No building or premises shall be used and no building shall be hereafter erected or altered within the Highway Business/Commercial District except for the following uses:
Amusement arcades
Antique or secondhand stores
Automobile sales and service, but not including the storage of junked or wrecked automobiles, vehicles, and related salvage equipment or parts
Bakeries
Barbershops
Banks and financial institutions
Bowling lanes
Churches
Department stores, variety or general merchandise stores
Dressmaking establishments
Drive-in establishments for food or beverage consumption
Drugstores or pharmacies
Dry cleaning
Electric repair shops
Employment agencies
Feed mill
Freight stations
Florist or greenhouses
Gas stations
Grocery stores or supermarkets
Hotels and motels
Laundries
Medical, dental, or other health care clinics
Messenger or commercial package delivery and shipment
Offices, professional or utility or government
Painting and decorating shops
Photograph galleries
Plumbing shops
Post offices and commercial package delivery outlets
Printing shops
Public garages
Recreation buildings and structures
Restaurants and cafes
Roofing and plastering shops
Sales or show rooms
Shoe repair shops
Stores and shops for the conduct of retail business
Studios
Taverns and liquor stores
Tailor shops
Theaters
Tire repair shops
Upholstering shops
Veterinary clinics
D. 
Permitted accessory uses. An accessory building or use shall be used only for the following purposes:
(1) 
Garages for storage of vehicles used in conjunction with the operation of the business.
(2) 
Off-street parking, loading and services facilities.
(3) 
Any other structure or use normally auxiliary to the above uses.
E. 
Conditional uses. A building or premises shall be used only for the following purposes when approved as a conditional use:
(1) 
Lumber sales and storage.
(2) 
Planned unit developments.
(3) 
Public utility installations.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Rental apartments as a secondary use of a commercial building, providing the rental apartments are not on the street level or main floor.
(5) 
Rental storage unit facilities.
F. 
Prohibited uses. The following uses are prohibited:
(1) 
Sale, slaughtering, and storage of livestock.
(2) 
Sale and storage of metals, minerals, stone, scrap and waste materials, except in small quantities as part of the stock of a hardware or building materials establishment.
(3) 
The outside storage of any automobiles, vehicles, and related equipment adjacent to or across the street from a residential district, except where screened by a fence as defined, described, and permitted under § 510-88B of this chapter.
A. 
Purpose. This district is intended to provide for manufacturing, industrial and related uses and activities.
B. 
Dimensional requirements:
(1) 
Minimum lot area: 10,000 square feet.
(2) 
Minimum lot width: 100 feet.
(3) 
Front yard setback: 30 feet.
(4) 
Side yard setback for principal building: 20 feet.
(5) 
Rear yard setback for principal building: 30 feet.
(6) 
Side/rear yard setback for accessory building: 10 feet.
(7) 
Maximum building height: 40 feet.
C. 
Permitted uses. A building or premises shall be used only for the following purposes:[1]
Automobile body repair shops, not including the storage of junked or wrecked automobiles and parts
Automobile service stations
Feed mill
General warehousing and distribution centers
Greenhouse
Heavy machinery and equipment
Lumber and building supply yards
Manufacturing, assembly, fabrication and processing plants
Printing and publishing houses and related activities
Toolmaking, machining and cabinet shops
Wholesale establishments
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Permitted accessory uses. An accessory building or use shall be used only for the following purposes:
(1) 
Office, storage, power supply and other such uses normally auxiliary to the principal use.
(2) 
Off-street parking, loading and service facilities.
E. 
Conditional uses. A building or premises shall be used only for the following purposes when approved as a conditional use:
(1) 
Animal hospitals and kennels.
(2) 
Experimental, testing and research laboratories, not involving the keeping of animals or use of animal parts.
(3) 
Manufacture of cement, lime, gypsum, plaster of paris, acid, fertilizers or glue.
(4) 
Planned unit developments.
(5) 
Public utility offices and installations.
(6) 
Recycling center.
(7) 
Automobile body repair shops, including vehicle towing and limited storage of damaged or wrecked automobiles and parts.
(8) 
Storage facilities.
(9) 
Transportation terminals, including trucking.
F. 
Prohibited uses:
(1) 
Sale, slaughtering, and storage of livestock.
(2) 
Sale and storage of metals, minerals, stone, scrap and waste materials, except in small quantities as part of the stock of a hardware or building materials establishment.
A. 
Purpose. This district includes those areas which are under public or public related ownership and where the use is anticipated to be permanent.
B. 
Dimensional requirements.
(1) 
Minimum lot area and width. There are no minimum lot requirements.
(2) 
Setbacks and yards.
(a) 
A minimum building setback of 15 feet from the right-of-way line of all public streets shall be required.
(b) 
There shall be a minimum side yard of 10 feet.
(c) 
There shall be a rear yard of not less than 25 feet.
(3) 
Building height. No building or parts of a building shall exceed 35 feet in height.
C. 
Permitted uses:[1]
Botanical gardens and arboretums
Cemeteries
Churches
Exhibition halls
Fairgrounds
Golf courses, with or without country club facilities
Golf driving ranges or miniature golf
Historic and monument sites
Hospitals, sanatoriums, nursing homes and clinics
Libraries and museums
Municipal parking lots
Public administrative offices and public service buildings, including fire and police stations
Public or private schools
Public utility offices
Water storage tanks, towers and wells
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Permitted accessory uses. An accessory building or use shall be used only for the following purposes:
(1) 
Off-street parking, loading and service facilities.
(2) 
Any other structure or use normally auxiliary to the principal use.
E. 
Conditional uses:
(1) 
Public utility offices and installations.
(2) 
Structures and fill accessory to permitted uses.
A. 
Purpose. This district is intended to preserve the natural state of scenic areas, to provide areas where native flora and fauna may prosper in a natural habitat, to provide areas for outdoor recreational use and parks, to prevent inappropriate spread of development, to discourage the development of lands which might create a detriment to public and private property, to protect wetlands and lands which are subject to periodic flooding and to prevent development which would deplete or destroy natural resources or be otherwise incompatible with the public welfare.
B. 
Dimensional requirements.
(1) 
Minimum lot area and width. There are no minimum lot area requirements because the district is not intended for development other than limited permitted uses allowed in the district.
(2) 
Setback and yards.
(a) 
A minimum building setback of 25 feet from the right-of-way line of all public streets shall be required.
(b) 
There shall be a minimum side yard of 10 feet.
(c) 
There shall be a rear yard of not less than 25 feet.
(3) 
Building height. No building or parts of a building shall exceed 25 feet in height.
C. 
Permitted general uses:
(1) 
Forest reserves used for wilderness and wildlife areas.
(2) 
Open space uses, including preserves, scenic areas, historic, scientific, educational and research areas, fishing, soil conservation practices, sustained yield forestry, stream bank protection, and water management and control practices; provided, however, that no such uses involve structures, fill, soil or peat removal or the disruption of the natural flow of any watercourse or natural topography.
(3) 
Parks and natural recreation areas, including athletic fields; playgrounds; picnic areas; and hiking, walking and bicycle trails.
(4) 
Public education and research for natural, scenic, conservation, wildlife or plant habitat, and conservation preservation management.
(5) 
Roads and parking areas to serve on-site uses.
D. 
Permitted accessory uses:
(1) 
Nonhabitable park or recreation shelters.
E. 
Conditional uses:
(1) 
Public utility installations.
(2) 
Structures and fill accessory to permitted uses.
The requirements for property in the MH Residential District shall be as provided in Article XV of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).