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New Berlin, WI Home Business: Zoning & Home Occupation Permits (2026)

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

Key Facts

Where allowed
Agricultural and residential districts only
Approval needed
Staff review and administrative approval
Floor area cap
20% of principal dwelling building area
Employee cap
One nonresident employee maximum
Sales limit
Retail sales limited to on-site products only
Prohibited uses
Auto repair, restaurants, mortuaries barred outright

Summary

New Berlin allows home occupations as accessory uses in agricultural and residential districts, but only under detailed standards in City Code § 275-42 J. A home business needs staff review and administrative approval, cannot exceed 20% of the dwelling's building area, and must avoid noise, odor, or other nuisances the Plan Commission can act on.

J.Home occupations. Home occupations may be allowed as accessory uses in any agricultural or residential district, provided that they comply with the following standards:(1)General regulations.(a)Home occupations shall be allowed only after staff review and administrative approval in accordance with the procedures set forth in Article Ill of this chapter.(b)The total area devoted to a home occupation shall not exceed 20% of the building area of the principal dwelling unit.

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

Section 275-42 J sets the citywide framework for home-based businesses. A home occupation is allowed only as an accessory use in an agricultural or residential zoning district, and only after staff review and administrative approval processed under Article III of the zoning chapter (§ 275-42 J(1)(a)); there is no by-right operation without that sign-off. The floor-area limit caps the business at 20% of the building area of the principal dwelling unit (§ 275-42 J(1)(b)). Performance standards follow: the use may produce no offensive noise, vibration, dust, odors, smoke, heat, pollution, glare, or radio/television interference, and the Plan Commission can find any of those a nuisance (§ 275-42 J(1)(c)); no materials that decompose by detonation are allowed on site (§ 275-42 J(1)(d)); the home's outside appearance cannot change and the business cannot be visible from the street (§ 275-42 J(1)(e)); goods made or used by the business cannot be stored or displayed outdoors without Plan Commission approval (§ 275-42 J(1)(f)); staffing is capped at one nonresident employee (§ 275-42 J(1)(g)); and retail or wholesale sales are prohibited except for products actually produced on the premises (§ 275-42 J(1)(h)).

The business must be carried on wholly within the principal dwelling, with no home-occupation storage in an accessory building or detached garage (§ 275-42 J(1)(j)-(k)). A long list of uses is barred outright as home occupations regardless of these standards, including auto repair shops, animal hospitals, restaurants, and mortuaries (§ 275-42 J(2)). The Department of Community Development administers approvals; enforcement runs through the general Code penalty at § 1-18.

Violations & Fines

Operating a home occupation without administrative approval, exceeding the 20% floor-area cap, generating a nuisance under § 275-42 J(1)(c), or running a use barred outright under § 275-42 J(2) is a Zoning Code violation. New Berlin enforces zoning violations under the general penalty, Code § 1-18: forfeiture of not less than $5 nor more than $1,000 plus costs of prosecution for a first offense, rising for repeat violations within a year.

Frequently Asked Questions

What zoning districts allow a home occupation in New Berlin?
Only agricultural and residential districts. City Code § 275-42 J treats a home occupation as an accessory use permitted in those districts alone, and only after the Department of Community Development completes staff review and grants administrative approval under Article III of the zoning chapter.
How much of my house can a New Berlin home business use?
No more than 20% of the building area of the principal dwelling unit, per § 275-42 J(1)(b). The business must also be carried on wholly within the dwelling itself; storage or business use of a detached garage or accessory building is not allowed under § 275-42 J(1)(j)-(k).
Can my New Berlin home business make noise or use hazardous materials?
No. Section 275-42 J(1)(c) bars a home occupation from producing offensive noise, vibration, dust, odors, smoke, heat, pollution, glare, or interference, and lets the Plan Commission treat any of those as a nuisance. Subsection (d) separately bars materials that decompose by detonation.

Sources & Official References

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