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New Berlin, WI Building Setbacks & Zoning: Setback Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

R-4 rear setback
50 ft, or 25 ft if pre-2001
R-4 front setback
50 feet
R-4 side setback
15 feet each side
Grandfather date
February 27, 2001
Administrative relief
Up to 20% reduction via section 275-30.1

Summary

New Berlin sets front, side and rear yard minimums by residential zoning district in Table 275-33-2, and separately reduces the R-4 District's standard 50-foot rear setback to 25 feet for lots platted or permitted before February 27, 2001, a grandfather clause under section 275-33 D(1).

R-4 20,000 square feet 110 Corner lot: 130 155 50 15 50 or 25; see Sec. 275-33 D(1) 50 10 or 30; see Sec. 275-33 D(9) Dwelling: 35 ... (1)In the R-4 District, the rear setback is 50 feet. However, where at least one of the following conditions is met, the minimum setback is 25 feet:(a)The lot is vacant and is part of a platted residential subdivision that was recorded before February 27, 2001.(b)The building permit for the principal structure located on the lot was issued before February 27, 2001.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).

Full Breakdown

Chapter 275's Table 275-33-2 sets the minimum front, side and rear yard for each of New Berlin's ten residential zoning districts, and every district also carries an Ordinary High Water Mark setback and a wetland setback layered on top of the base yard requirements. In the R-4 Low-Density Single-Family Residential District, the printed rear setback is 50 feet, the front setback is 50 feet and the side setback (each side) is 15 feet.

Additional Requirement (1) under section 275-33 D creates a specific exception to that R-4 rear setback: it drops to 25 feet if either of two conditions is met, the lot is vacant and part of a platted residential subdivision recorded before February 27, 2001, or the building permit for the principal structure on the lot was issued before February 27, 2001. The date functions as a grandfather line protecting older platted lots and existing construction from a rear-yard standard adopted later.

Other districts carry their own numeric variations set out in the same table: R-5 has a front setback that shifts between 30 and 40 feet and a rear setback between 25 and 35 feet depending on whether the street has curb-and-gutter or open-ditch drainage (Additional Requirement (4)), and every district's wetland setback drops from 30 feet to 10 feet for lots platted, or with a principal-structure building permit issued, before October 9, 2001 (Additional Requirement (9)). Relief from any of these numeric minimums requires a variance from the Board of Appeals under section 275-30, or, for a reduction of up to 20% of a required setback, an administrative adjustment from the Director of Community Development under section 275-30.1.

Violations & Fines

Building a principal structure, addition or accessory building closer to a lot line than the front, side or rear setback minimum in Table 275-33-2, without qualifying for the R-4 pre-2001 exception, the R-5 drainage-based adjustment, or an approved variance or administrative adjustment, is a zoning violation enforced through the Department of Community Development's zoning and building permit process.

Frequently Asked Questions

What is the rear yard setback in New Berlin's R-4 District?
Fifty feet under Table 275-33-2, but section 275-33 D(1) drops it to 25 feet if the lot is vacant and part of a subdivision platted before February 27, 2001, or if the building permit for the house on the lot was issued before that date.
Can I get a reduced setback without a full variance in New Berlin?
Yes. Section 275-30.1 lets the Director of Community Development grant an administrative adjustment of up to 20% of a required setback for infill development or a legal lot of record that does not meet the minimum lot size, without going to the Board of Appeals.
Do New Berlin setbacks change based on the street type?
In the R-5 District, yes. Under section 275-33 D(4), a lot on a street with curb and gutter gets a 30-foot front and 35-foot rear setback, while a lot on a street with an open drainage ditch gets a 40-foot front and 25-foot rear setback.

Sources & Official References

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