Frequently Asked Questions

Swimming pools do require a permit called a zoning certificate with Clayton.  By definition in the Clayton Zoning Ordinance, swimming pools are anything 2’ or deeper.  Here is a summary of the zoning regulations:

1. Swimming pools must be placed in the back yard, setback minimum 15’ from house, side and rear property lines.  
2. Swimming pools must be enclosed by a 5’ tall fence, with a locking gate; for above ground pools you can use fencing around the top of the pool to comply with this requirement.
3. If you plan to build a deck it should be included with the permit application and depending on design will often need approval from Montgomery County Building Regulations.

Regulations may be found in Section 1121.02(D) of the planning and zoning code at http://clayton.oh.us/177/Codified-Ordinances

Zoning Certificate application may be found at /DocumentCenter/View/5216/Zoning-Certificate-Application_Residential

*The Clayton fire department does not fill pools.

Have further questions? Call (937) 836-3500 

If the fence is residential then no permit is required, however we do have regulations for residential fencing.

Regulations may be found in Section 1121.02(I) of the planning and zoning code at http://clayton.oh.us/177/Codified-Ordinances

Have further questions? Call (937) 836-3500 

Do I need a permit for a deck at my home? To help answer some of your questions, decks do require a permit called a zoning certificate with Clayton.  

You do not need a building permit if you can answer yes to all of the following:

• 200 Square feet or less in size
• 30" or less above grade (deck walking surface to grade/ground)
• The deck is not the front entrance door
• The deck is detached from the house

Zoning Certificate application may be found here

Directions on how to obtain aerial for the ‘Site Plan’ http://clayton.oh.us/DocumentCenter/View/2802/MC-Website---How-to-use-GIS

Have further questions? Call (937) 836-3500 

What do I need to do to install a shed? To help answer some of your questions, sheds or accessory structures as the Clayton Zoning Ordinance calls them, do require a permit called a zoning certificate with Clayton. 

Here is a summary of the zoning regulations:

• Only two detached accessory structures are permitted on a single lot. Only one of those structures may be greater than 200 sq.ft.
• Structures must be placed in the back yard and a minimum of 5’ from the rear or back property lines. In addition, accessory structures must be placed outside of any recorded easements and in no case may impede the natural flow of water.
• Accessory structures may be permitted up to 864 sq.ft. in size, however if the rear yard exceeds 20,000 sq.ft. the structure may potentially be enlarged up to 1800 sq.ft. (see formula in code).

Do I need a permit to replace my current shed?  Yes.

Regulations may be found in Section 1121.02(C) of the planning and zoning code at http://clayton.oh.us/177/Codified-Ordinances

Zoning Certificate application may be found at http://www.clayton.oh.us/DocumentCenter/View/1125

Directions on how to obtain aerial for the ‘Site Plan’ http://clayton.oh.us/DocumentCenter/View/2802/MC-Website---How-to-use-GIS

Have further questions? Call (937) 836-3500 

Clayton does not issue permits for garage sales however we do have regulations. Garage sales are permitted 3-consecutive days twice a year. Below is a link to all the Clayton Zoning Ordinance regulations

Regulations may be found in Section 1121.02(G) of the planning and zoning code at http://clayton.oh.us/177/Codified-Ordinances

*Clayton does not have a community wide garage sale.

Have further questions? Call (937) 836-3500 

In late 2016, the City of Clayton decided to start permitting ’Farm Animals’ in residential zoning districts.  Large Farm Animals such as horses, goats, pigs are now permitted on parcels of land 5-acres or larger.  Small Farm Animals such as chickens, turkeys are now permitted on parcels of land 2-acres or larger without a zoning certificate so long as the following regulations are met.  If someone is interested in Small Farm Animals on less than 2-acres there are a list of requirements the property must meet in order to allow Small Farm Animals.  You must first apply for a zoning certificate and the approval is renewed annually.  For a list of requirements please visit 1121.02(E) Agricultural Uses in Residential Districts.  The most difficult standard to meet is found in the general offense code Section 505.12 which requires animals to be kept at least 100 feet from any inhabited dwelling other than the owners.  To apply please fill out a zoning certificate application and submit with the application a ’site plan’ and ’letter of intent’ addressing all requirements in 1121.02(E) & 505.12.  Any questions call 836-3500.

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