New Berlin, WI Building Setbacks & Zoning: Setback Rules (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.
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?
Can I get a reduced setback without a full variance in New Berlin?
Do New Berlin setbacks change based on the street type?
Sources & Official References
Other rules in New Berlin
Compare New Berlin to another location·View the Wisconsin building setbacks & zoning overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Setback Rules in Nearby Cities
How other cities in Waukesha County handle setback rules.