City of New Berlin, WI Zoning Districts

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Article IV Zoning Districts

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§ 275-32 Agricultural districts.

§ 275-33 Residential districts.

§ 275-34 Commercial districts.

§ 275-35 Office and industrial districts.

§ 275-36 Institutional and recreational/park districts.

§ 275-37 Special districts.

§ 275-38 (Reserved)

§ 275-39 Special overlay districts.

§ 275-32 Agricultural districts.

General purpose and intent. The districts contained in this section are created to:

(1)

Provide appropriately located areas consistent with the New Berlin Comprehensive Plan for a full range of agricultural uses needed by New Berlin's residents, businesses and workers;

(2)

Promote an area for land uses of an agricultural nature on lands best suited to agriculture;

(3)

Strengthen the City's economic base and provide employment opportunities close to home for residents of the City and surrounding communities; and

(4)

Create suitable environments for various types of agricultural uses and protect them from the adverse effects of incompatible uses.

List of districts and specific purpose statements. The agricultural districts are created with the following specific purposes:

(1)

A-1 Agricultural District. The A-1 Agricultural District is intended to maintain, enhance, and preserve agricultural lands utilized for crop production and the raising of livestock. The district is further intent upon preventing the conversion of agricultural land to urban uses prior to its planned conversion as envisioned in the adopted City of New Berlin Comprehensive Plan.

(2)

A-2 Agricultural and Rural Holding District. The A-2 Agricultural and Rural Holding District is intended to provide for the interim continuation of general farming or related open space uses in those areas of the City that are not yet committed to urban development. The district is further intent upon preventing the conversion of agricultural land or other rural or open land to urban uses prior to its planned conversion as envisioned in the adopted City of New Berlin Comprehensive Plan.

Use Summary Table. Table 275-32-1 below sets forth the uses allowed within the relevant zoning districts. All uses are subject to all other applicable regulations in this chapter, including Article VIII, General Development Regulations. The abbreviations used in the table are described as follows:

[Amended 10-9-2018 by Ord. No. 2607; 8-24-2021 by Ord. No. 2652; 4-25-2023 by Ord. No. 2668]

(1)

Principal uses. A "P" in a cell indicates that a use category is a principal use in the respective zoning district.

(2)

Conditional uses. A "C" in a cell indicates that a use category is allowed only if reviewed and approved as a conditional use, in accordance with the conditional use review procedures of § 275-27.

(3)

Accessory uses. An "A" in a cell indicates that a use category is an accessory use and is only allowed if it is incidental to the principal use of the property, but not until the principal structure is present or under construction. Accessory uses are subject to other applicable regulations, including standards for accessory uses and structures in § 275-42.

(4)

Temporary uses. A "T" in a cell indicates a use category is a temporary use. Temporary uses are subject to all other applicable regulations of this chapter, including the temporary use standards set forth in § 275-43.

(5)

Principal or conditional uses. A "P/C" in a cell indicates that, depending on the specific use of or measurements of the property, a use may be allowed as a principal use or may require review as a conditional use. This determination can be made after review of the use-specific regulations in § 275-41.

(6)

Prohibited uses. A cell that has an asterisk (*) indicates that the use type is prohibited in the zoning district.

(7)

Additional regulations. Regardless of whether a use category is allowed as a principal use, as a conditional use, or as an accessory use, there may be additional regulations that are applicable to a specific use. The existence of these regulations is noted through a section reference in the last column of the Use Summary Table entitled "Additional Regulations." These regulations apply to all districts unless otherwise specified.

(8)

Similar uses. Where there is a new use that is not listed or identified in another zoning district that the Plan Commission finds similar in nature, operation and function to that of another use allowed in this chapter, the Plan Commission may permit the new use under similar districts and with all other applicable regulations as the existing similar use, provided that:

(a)

The use is harmonious with and does not conflict with the other uses in the district.

(b)

The use will not jeopardize the public health, safety and welfare.

Table 275-32-1
Uses		Zoning Districts		Additional Regulations Refer to
		A-1	A-2
Agricultural Uses
	Agribusiness	P	P	§ 275-41 and § 275-70
	Artisan farming	P	P	§ 275-70
	Farm buildings, general	P	P	§ 275-41A(1)
	Keeping and raising of animals	P	P	§ 275-41A(2)
	Paddocks	P	P	§ 275-41A(2)
	Raising of crops	P	P	§ 275-37C(2)(e)
Residential Uses		P	P
	Single-family detached dwellings	P	P
	Worker housing	C	*
Commercial Uses
	Bed-and-breakfast establishments	P	P	§ 275-41C(4)
	Car wash establishment	*	*	§ 275-41C(20)
	Commercial sports complex	*	*	§ 275-36D(5)
	Mobile tower facilities	P/A	P/A	§ 275-41C(16)
	Small restaurant or cafe	C	C
	Veterinary clinics	C	C
	Wineries and breweries	C	C
Institutional/Public/Semipublic Uses
	Churches (neighborhood and community)	C	C	§ 275-70
	Essential services	P	P
	Family day-care homes	P	P
	Foster family homes	P	P
	Recreational trails	P	P
	Utilities	C	C
Miscellaneous Uses
	Hunting and fishing clubs	C	*
	Natural resource conservation and preservation uses	P	P
	Off-street parking and loading areas	A	A	§ 275-57
	Silviculture	P	P	§ 275-54 and § 275-54.1
	Any other use the Plan Commission finds will be similar in nature, operation and function to the uses allowed within the district			§ 275-32C(8)

LEGEND
P	Principal Use
C	Conditional Use
A	Accessory Use
T	Temporary Use
*	Prohibited Use

Site development standards. All development shall be subject to the intensity and dimensional standards set forth in this section. These intensity and dimensional standards may be further limited or modified by other applicable sections of this chapter, including Article V and the additional requirements set forth below in Table 275-32-2.

[Amended 10-9-2018 by Ord. No. 2607]

Table 275-32-2
	Minimum Lot Dimensions			Minimum Setbacks (feet)
District	Lot Area (acres)	Lot Width (feet)	Lot Depth (feet)	Front	Side (each side)	Rear	OHWM	Wetland	Maximum Height (feet)
A-1	35	330	None	50	25	50	75	10 or 30; See § 275-32D(4)	Dwelling: 35 Farm structure: 60
A-2	10	330	None	50	25	50	75	10 or 30; See § 275-32D(4)	Dwelling: 35 Farm structure: 60

Additional requirements:

(1)

Buildings housing animals shall not be closer than 50 feet to any abutting residential lot with a lot area of two acres or less.

(2)

No principal building located adjacent to a single-family residential district shall be closer than 50 feet to the district boundary.

(3)

One additional foot of required front, side and rear yard shall be provided for every foot a farm building exceeds 35 feet, with a maximum height of 60 feet.

(4)

Wetland setback.

(a)

All impervious surfaces shall be set back a minimum of 30 feet. However, where at least one of the following conditions is met, the minimum setback is 10 feet:

[1]

The lot is vacant and is part of a platted residential subdivision that was recorded before October 9, 2001.

[2]

The building permit for the principal structure located on the lot was issued before October 9, 2001.

(b)

Grading may be allowed within the wetland setback upon approval by the Director. The applicant shall demonstrate appropriate erosion control practices as approved by the City and/or the DNR.

(c)

Landscaping may be allowed within the wetland setback upon approval by the Director. The applicant shall demonstrate appropriate erosion control practices as approved by the City and/or the DNR.

(5)

Modification of standards. The Plan Commission or Community Development Authority may modify the open space requirement, but only if supplemental design elements or improvements are incorporated into the project which compensate for the modifications of the particular standard. Such elements may include, but are not limited to, additional landscaping, low-impact/sustainable design, alternative stormwater best management practices/green infrastructure (which may include, but are not limited to, bioretention, infiltration, pervious surfaces, green roofs, rain gardens, underground storage, and/or rain harvesting/reuse).

Building area.

(1)

Single-family dwellings in the A-1 and A-2 Districts shall meet the following building area requirements:

Table 275-32-3
	Minimum Total Living Area (square feet)		Minimum First-Floor Area (square feet)
Type	1 Story	Multistory	1 Story	Multistory
2-bedroom dwelling	1,300	1,700	1,300	900
3-bedroom dwelling	1,500	1,700	1,500	900
4-bedroom dwelling	1,700	1,700	1,700	900

(2)

Add 200 square feet to the minimum total living area and the minimum first-floor area required for each bedroom exceeding four.

(3)

Add 200 square feet to the total minimum building area required for any dwelling that does not have a basement or has a basement with an area of less than 600 square feet.

(4)

An attached garage is required for all new residential structures in agricultural districts. The attached garage shall have a minimum floor area of 400 square feet.

§ 275-33 Residential districts.

[Amended 9-23-2014 by Ord. No. 2529; 1-12-2016 by Ord. No. 2558; 10-9-2018 by Ord. No. 26076-11-2019 by Ord. No. 2620; 10-13-2020 by Ord. No. 2642]

General purpose and intent. The districts contained in this section are created to:

(1)

Provide appropriately located areas for residential development that are consistent with the City's Comprehensive Plan and with standards of public health and safety established by this chapter and any other appropriate governmental body;

(2)

Ensure adequate light, air, privacy and open space for each dwelling;

(3)

Protect residents from the harmful effects of excessive noise, population density, traffic congestion, and other significant adverse environmental effects;

(4)

Protect residential areas from fires, explosions, toxic fumes and substances, and other public safety hazards;

(5)

Provide sites for public and semipublic land uses needed to complement residential development or requiring a residential environment; and

(6)

Ensure the provision of public services and facilities needed to accommodate planned population densities.

List of districts and specific purpose statements. The residential districts are created with the following specific purposes:

(1)

R-1/R-2 Rural Conservation Single-Family Residential District. The Rural Conservation Single-Family Residential District is intended to conserve significant open space, both upland and lowland, consistent with the preservation goals and policies contained in the Comprehensive Plan, and in a manner that respects the equity of landowners and the ability of developers to subdivide land at a density not to exceed one dwelling unit per five acres as applied pursuant to § 275-33G. Density bonuses may be granted pursuant to § 275-33I. In conformance with the City's Comprehensive Plan and with state enabling legislation, the purposes of this section also include:

(a)

To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development;

(b)

To provide design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, site grading, and the amount of paving required for residential development;

(c)

To reduce erosion and sedimentation by the retention of vegetation and the minimization of development on steep slopes;

(d)

To promote the infiltration of stormwater on site, thereby helping to recharge groundwater supplies;

(e)

To provide for a diversity of lot sizes and building densities to accommodate a variety of age and income groups and residential preferences, so that the community's population diversity may be enhanced;

(f)

To implement adopted City policies to conserve a variety of irreplaceable and environmentally sensitive resource areas, including provisions for reasonable incentives to create a conservation system for the benefit of present and future residents;

(g)

To minimize impacts on environmental resources (sensitive areas such as wetlands, floodplain, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls), as well as to provide opportunities to enhance or restore existing resources that have been diminished or degraded through past land management practices;

(h)

To protect areas of the City with productive agricultural soils for continued or future agricultural use, horticultural use, or other conservation use;

(i)

To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;

(j)

To provide for the conservation and maintenance of open land within the City to achieve the above-mentioned goals and for active or passive recreational use by residents; and

(k)

To conserve scenic views and elements of the City's rural character by limiting views of new development from existing roads.

(2)

R-2E Conservation Estate Single-Family Residential District. The R-2E Conservation Estate Single-Family Residential District is created with the same purpose as the R-1/R-2 District, except that the density of development shall not exceed one dwelling unit per two acres as applied pursuant to § 275-33G, and the dwellings are served by adequate public sanitary sewer and water facilities. Density bonuses may be granted pursuant to § 275-33I.

(3)

R-3 Suburban Single-Family Residential District. The R-3 Suburban Single-Family Residential District is intended to provide for single-family residential development, at densities not to exceed two dwelling units per net acre. This district is further intended to be used for residentially platted lots already existing at the time of the adoption of this chapter and so identified for this density range on the adopted City Comprehensive Plan or component thereof. Suburban residential lots are typically served by private on-site sewage disposal systems and private wells.

(4)

R-4 Low-Density Single-Family Residential District. The R-4 Low-Density Single-Family Residential District is intended to provide for existing single-family residential development, at a density not to exceed 2.2 dwelling units per net residential acre, and new large-lot subdivisions served by public sanitary sewer and water facilities.

(5)

R-4.5 Medium-Density Single-Family Residential District. The R-4.5 Medium-Density Single-Family Residential District is intended to provide for single-family residential development, at a density not to exceed 2.9 dwelling units per net residential acre, served by public sanitary sewer and water facilities.

(6)

R-5 Medium-Density Single-Family Residential District. The R-5 Medium-Density Single-Family Residential District is intended to provide for single-family residential development in existing subdivisions, at densities not to exceed 4.3 dwelling units per net residential acre, served by public sanitary sewer and water facilities. No unplatted lands should be placed in the R-5 District.

(7)

R-6 Section 35 Low-Density Single-Family Residential District. The R-6 Low-Density Single-Family Residential District is intended to provide for single-family residential development within Sections 34 and 35 with a minimum lot size of 25,000 square feet served by public sanitary sewer and water facilities. The Plan Commission and Common Council may approve smaller lot sizes, including reduced lot width and depth, where appropriate, in order to protect environmental features such as woodlands and tree lines, provide for additional tree protection and/or avoid steep topography. Under § 275-33D(17), any allowed lots smaller than 25,000 square feet shall adhere to the City's adopted zoning and subdivision codes.

(8)

R-7 Quarry Park Low-Density Single-Family Residential District. The R-7 Low-Density Single-Family Residential District is intended to provide for no more than 27 single-family residential lots which shall collectively be considered a residential community governed through a homeowners association and which is served by a community-wide on-site sewage disposal systems and wells to be maintained solely by the homeowners association and/or the homeowners in the subdivision. A developer agreement shall be in place.

(9)

Rd-1 Two-Family Residential District. The Rd-1 Two-Family Residential District is intended to provide for two-family residential development, at densities not to exceed 4.8 dwelling units per net residential acre, served by public sanitary sewer and water facilities.

(10)

Rm-1 Multiple-Family Residential District. The Rm-1 Multiple-Family Residential District is intended to provide for multiple-family residential development served by municipal sewer and water facilities. Net density shall not exceed seven dwelling units per Rm-1 zoned acre. New lands to be placed in the Rm-1 District by rezoning petition shall be located not closer than 120 feet to an existing single-family residential subdivision. Net density calculations shall include the area of land upon which the dwelling units are proposed to be located and including common open space and associated facilities on the tract of land zoned Rm-1, excluding rights-of-way of publicly dedicated streets and private streets.

Use summary table. Table 275-33-1 below sets forth the uses allowed within the relevant zoning district. The abbreviations used in the table are described in § 275-32C and are summarized in the legend table following Table 275-33-1.

[Amended 8-24-2021 by Ord. No. 2652; 4-25-2023 by Ord. No. 2668]

(1)

(a)

The use is harmonious with and does not conflict with the other uses in the district.

(b)

The use will not jeopardize the public health, safety and welfare.

Table 275-33-1
Uses	Zoning Districts										Additional Regulations Refer to
	R-1/R-2	R-2E	R-3	R-4	R-4.5	R-5	R-6	R-7	Rd-1	Rm-1
Agricultural Uses
Farm buildings, general	A	*	*	*	*	*	*	A	*	*	§ 275-41A(1)
Keeping and raising of animals	A	A	*	*	*	*	*	*	*	*	§ 275-41A(2)
Keeping and raising of chickens for personal use	A	A	A	A	A	A	A	A	*	*	§ 275-41A(2)(g)
Raising of crops/retail sales of locally grown crops	A	A	A	A	A	A	A	A	A	A
Residential Uses
Boarding or rooming houses	*	*	C	C	*	*	*	*	*	*
Conservation subdivisions	P	P						P			§ 275-41B(3) through (5)
Conventional subdivisions	C	C	P	P	P	P	P	P	P	P	§ 275-41B(3) through (7)
Elderly housing	*	*	*	*	*	*	*	*	*	C	§ 275-41B(1)
Multifamily dwellings	*	*	*	*	*	*	*	*	*	P
Single-family detached dwellings	P	P	P	P	P	P	P	P	P	C	§ 275-41B(2)
2-family dwellings with attached garage	*	*	*	*	*	*	*	*	P	P
Commercial Uses
Bed-and-breakfast establishments	C	*	*	*	*	*	*	*	*	*	§ 275-41C(4)
Car wash establishment	*	*	*	*	*	*	*	*	*	*	§ 275-41C(20)
Commercial sports complex	*	*	*	*	*	*	*	*	*	*	§ 275-36D(5)
Mobile tower facilities	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	§ 275-41C(16)
Institutional/Public/Semipublic Uses
Assisted living facilities	*	*	*	*	*	*	*	*	*	C	§ 275-41B(1)
Churches (neighborhood)	C	C	C	C	C	C	C	C	C	C	§ 275-70
Churches (community)	*	*	*	*	*	*	*	*	*	*	§ 275-70
Community living arrangements	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	P/C	§ 275-41G(1)
Educational facilities	C	C	C	C	C	C	C	C	C	C	§ 275-41G(2)
Essential services	P	P	P	P	P	P	P	P	P	P
Family day-care homes	P	P	P	P	P	P	P	P	P
Foster family homes	P	P	P	P	P	P	P	P	P	P
Recreational trails	P	P	P	P	P	P	P	P	P	P
Utilities	C	C	C	C	C	C	C	C	C	C
Miscellaneous Uses
Amenities planned on outlots and/or easements as part of a subdivision plat, including pocket parks and/or trails	A	A	A	A	A	A	A	A
Natural resource conservation and preservation uses	P	P	P	P	P	P	P	P	P	P
Off-street parking and loading areas	A	A	A	A	A	A	A	A	A	A	§ 275-57
Silviculture	P	P	P	P	P	P	P	P	P	P	§ 275-54 and § 275-54.1
Temporary uses	T	T	T	T	T	T	T	T	T	T	§ 275-43
Any other use the Plan Commission finds will be similar in nature, operation and function to the uses allowed within the district											§ 275-33C(1)

LEGEND
P	Principal Use
C	Conditional Use
A	Accessory Use
T	Temporary Use
*	Prohibited Use

[Amended 4-25-2023 by Ord. No. 2668]

Table 275-33-2
	Minimum Lot Dimensions		Minimum Setbacks (Feet)
District	Lot Area	Lot Width (feet)	Lot Depth (feet)	Front	Side (each side)	Rear	Shore	Wetland	Maximum Height (feet)
Conservation Subdivision
R-1/R-2	20,000 square feet or 32,670 square feet; see § 275-33D(12)	110 or 130; See § 275-33D(13)	None	40	15	40	75	30	Dwelling: 35 Farm structure: 60
R-2E	20,000 square feet; see § 275-33D(14)	110 or 130; See § 275-33D(15)	None	30	12.5	25	75	30	Dwelling: 35 Farm structure: 60
Conventional Subdivision/Certified Survey Map (CSM)
R-1/R-2	5 acres	200	None	50	25	50	75	10 or 30; see § 275-33D(9)	Dwelling: 35 Farm structure: 60
R-2E	2 acres	200	None	50	25	50	75	10 or 30; see § 275-33D(9)	Dwelling: 35
R-3	20,000 square feet	110 Corner lot: 130	155	50	15	50	50	10 or 30; see § 275-33D(9)	Dwelling: 35
R-4	20,000 square feet	110 Corner lot: 130	155	50	15	50 or 25; see § 275-33D(1)	50	10 or 30; see § 275-33D(9)	Dwelling: 35
R-4.5	15,000 square feet	100 Corner lot: 120	140	40	15	40	50	10 or 30; see § 275-33D(9)	Dwelling: 35
R-5	10,000 square feet	85 Corner lot: 100	110	30 or 40; see § 275-33D(4)	10	35 or 25; see § 275-33D(4)	50	10 or 30; see § 275-33D(9)	Dwelling: 35
R-5	15,000 square feet; see § 275-33D(2)	100 Corner lot: 120; see § 275-33D(2)	110	30 or 40; see § 275-33D(4)	10	35 or 25; see § 275-33D(4)	50	10 or 30; see § 275-33D(9)	Dwelling: 35
R-6	25,000 square feet; see § 275-33D(17)	110 Corner Lot: 130	155	30	10	25	75	30	Dwelling: 35
R-7	25,000 square feet; see § 275-33D(17)	100 Corner Lot: 120	155	30	10	25	75	30	Dwelling: 35
Rd-1	18,000 square feet	120 Corner lot: 140	140	40	15	40	50	10 or 30; see § 275-33D(9)	Dwelling: 35
Rm-1	The larger of 20,000 square feet or 6,500 square feet per dwelling unit	120	None	25	15	50	50	10 or 30; see § 275-33D(9)	Dwelling: 35

Additional requirements:

(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.

(2)

In the R-5 District, the minimum lot area and lot width shall meet the minimum lot area and width requirements of the R-4.5 District when the lot is created after January 1, 2004.

(3)

Buildings housing animals shall not be built or located closer than 50 feet to any abutting residential lot with a lot area of two acres or less.

(4)

In the R-5 District, the front and rear setbacks differ based on the drainage type at the roadway.

(a)

Where the lot fronts a street with a curb and gutter, the minimum front setback shall be 30 feet, and the minimum rear setback shall be 35 feet.

(b)

Where the lot fronts a street with an open drainage ditch, the minimum front setback shall be 40 feet, and the minimum rear setback shall be 25 feet.

(5)

One additional foot of required front, side and rear yard shall be provided for every foot a farm building exceeds 35 feet in height, with a maximum height of 60 feet.

(6)

No building within a multifamily residential project shall be located any closer than 30 feet to another building.

(7)

(Reserved)

(8)

Zero-lot-line residential developments may be allowed as a conditional use in the Rd-1 and Rm-1 Districts, subject to the regulations found in § 275-27 and § 275-44E.

(9)

Wetland setback.

(a)

All impervious surfaces shall be set back a minimum of 30 feet. However, where at least one of the following conditions is met, the minimum setback is 10 feet:

[1]

The lot is vacant and is part of a platted residential subdivision that was recorded before October 9, 2001.

[2]

The building permit for the principal structure located on the lot was issued before October 9, 2001.

(b)

Grading may be allowed within the wetland setback upon approval by the Director. The applicant shall demonstrate appropriate erosion control practices as approved by the City and/or the DNR.

(c)

Landscaping may be allowed within the wetland setback upon approval by the Director. The applicant shall demonstrate appropriate erosion control practices as approved by the City and/or the DNR.

(10)

Lot coverage is set forth in Table 275-33-6.

Table 275-33-6 Lot Coverage (percent)
District	Maximum Coverage by Buildings	Maximum Coverage by Impervious Surfaces	Minimum Coverage by Open Space and Landscaping
Rm-1	45%	60%	40%

(11)

Applicants for conventional subdivisions in the R-1/R-2 and R-2E Districts shall be required to clearly demonstrate, at a public hearing before the Plan Commission, that a conventional layout would better implement the policies, goals and objectives of the Comprehensive Plan, as compared with a conservation design alternative, which shall be allowed as a by-right permitted use. Notice of the public hearing shall be posted pursuant to § 275-20D(4), and notice of such hearing shall be mailed to all owners of land not less than 600 feet from the boundary of the proposed conventional subdivision, and notice of the public hearing shall also be published as a Class II legal notice under Chapter 985 of the Wisconsin Statutes.

(12)

For conservation subdivisions in the R-1/R-2 District, the minimum lot size is 20,000 square feet if the POWTS is located off lot, or 32,670 square feet if the POWTS is on lot. In addition, there is a minimum amount of required conservation area in the R-1/R-2 District as follows:

(a)

The subdivision must include at least 75% of the total acreage as conservation area. Conservation area shall not be used for residential lots, except as provided below.

(b)

Large "conservancy lots" of at least 10 acres may, in the aggregate, occupy up to 80% of the conservation area, with the remainder of the conservation area restricted from development by way of conveyance to a homeowners' association, land trust, or to the City by way of a conservation easement. However, the conservation area within each conservancy lot remains subject to the standards for conservation area in § 275-41 herein.

(13)

For conservation subdivisions in the R-1/R-2 District, the minimum lot width at the base setback line is 110 feet. The minimum street frontage is 60 feet. For side car entry garages, the minimum lot width shall be 130 feet.

(14)

For conservation subdivisions in the R-2E District, the minimum lot size is 20,000 square feet within the subdivision. In addition, there is a minimum amount of required conservation area in the R-2E District:

(a)

The subdivision must include at least 65% of the total acreage as conservation area. Conservation area shall not be used for residential lots, except as provided below.

(b)

Large "conservancy lots" of at least 10 acres may, in the aggregate, occupy up to 80% of the conservation area, with the remainder of the conservation area restricted from development by way of conservancy to a homeowners' association, land trust, or to the City by way of a conservation easement. However, the conservation area within each conservancy lot remains subject to the standards for conservation areas in § 275-41 herein.

(15)

For conservation subdivisions in the R-2E District, the minimum lot width at the base setback line is 110 feet. The minimum street frontage is 60 feet. For side car entry garages, the minimum lot width shall be 130 feet.

(16)

(17)

In the R-6 and R-7 District, the Plan Commission and Common Council may approve smaller lot sizes, including reduced lot width and depth, where appropriate, in order to protect environmental features such as waterways, woodlands and tree lines, provide for additional tree protection and/or avoid steep topography; any allowed lots smaller than 25,000 square feet shall adhere to the City's adopted zoning and subdivision codes. Additional landscaping/screening requirements may apply. See § 275-41B(6).

(18)

In the R-6 and R-7 Districts, the Plan Commission and Common Council may approve sixty-foot right-of-way widths where determined acceptable by DCD.

(19)

In the R-7 District, the development shall reserve areas sufficient in size and shape to accommodate public signs erected by, or on the order of, or by the permission of, a government entity per § 275-61A(3). The location of this sign may be located in an area along and visible from the I-43 Corridor.

(20)

In the R-7 District, a development agreement shall be required along with appropriate financial sureties, to be evaluated by the City, no more than annually and no less than every five years, for adequacy, to ensure for the proper maintenance and permitting of the onsite waste treatment facility in perpetuity.

Building area.

(1)

R-1/R-2, R-2E, R-3, R-4, R-4.5, R-5, R-6 and R-7 Districts. Single-family dwellings in the R-1/R-2, R-2E, R-3, R-4, R-4.5, R-5, R-6 and R-7 Districts shall meet the following building area requirements.

Table 275-33-3
		Minimum Total Living Area (square feet)		Minimum First Floor Area (square feet)
District		1-Story	Multistory	1-Story	Multistory
R-1/R-2 and R-2E	2-bedroom dwelling	1,300	1,700	1,300	900
	3-bedroom dwelling	1,500	1,700	1,500	900
	4-bedroom dwelling	1,700	1,700	1,700	900
R-3, R-4, R-4.5, R-6 and R-7	2-bedroom dwelling	1,200	1,600	1,200	900
	3-bedroom dwelling	1,350	1,600	1,350	900
	4-bedroom dwelling	1,450	1,600	1,450	900
R-5	2-bedroom dwelling	1,100	1,500	1,100	900
	3-bedroom dwelling	1,250	1,500	1,250	900
	4-bedroom dwelling	1,400	1,500	1,400	900

(a)

Add 200 square feet to the minimum total living area and the minimum first-floor area required for each bedroom exceeding four in the R-1/R-2 and R-2E Zoning Districts.

(b)

Add 150 square feet to the minimum total living area and the minimum first floor area required for each bedroom exceeding four in the R-3, R-4, R-4.5, R-5, R-6 and R-7 Zoning Districts.

(c)

Add 200 square feet to the total minimum building area required for any dwelling that does not have a basement or has a basement with an area of less than 600 square feet.

(d)

An attached or detached garage is required in the residential districts. The garage shall have a minimum floor area of 400 square feet. A detached garage shall count toward maximum square footage as allowed under § 275-42B.

[Amended 4-25-2023 by Ord. No. 2668]

(2)

Rd-1 District. Each dwelling unit in the Rd-1 District shall meet the following building area requirements:

Table 275-33-4
Dwelling Type	Minimum Total Building Area per Dwelling Unit (square feet)
2-bedroom	1,100
3-bedroom	1,150
4-bedroom	1,300

(a)

Add 150 square feet to the minimum total building area per dwelling unit for each bedroom exceeding four.

(b)

Add 200 square feet to the total minimum building area required for any dwelling that does not have a basement or has a basement with an area of less than 600 square feet.

(c)

An attached garage is required in the residential districts. The attached garage shall have a minimum floor area of 400 square feet.

(3)

Rm-1 District. Each dwelling unit in the Rm-1 District shall meet the following building area requirements.

Table 275-33-5
Dwelling Type	Minimum Total Building Area per Dwelling Unit (square feet)
Efficiency	500
1-bedroom	650
2-bedroom	800
3-bedroom	1,000

(a)

Add 150 square feet to the minimum total building area per dwelling unit for each bedroom exceeding three.

(b)

The minimum floor area of a principal building in the Rm-1 District shall not be less than 2,000 square feet.

(c)

The minimum floor area of an Rm-1 dwelling that does not have a basement or has a basement with an area of less than 600 square feet shall not be less than 2,200 square feet.

(d)

Multifamily dwellings are required to have a certain portion of the required parking spaces located in an enclosed attached or underground parking garage. Refer to § 275-57 for off-street parking requirements.

The design of all new conservation subdivisions in the R-1/R-2 and R-2E Districts shall be governed by the following minimum standards:

(1)

Ownership. The tract of land may be held in single and separate ownership or in multiple ownership. However, when a tract is held in multiple ownership, it shall be planned as a single entity with common authority and common responsibility.

(2)

Site suitability. As evidenced by the existing resources/site analysis plan, the conceptual preliminary plat, the detailed final plat, and the tract incorporating this design option shall be suitable for supporting development in terms of environmental conditions, its size, and configuration.

(3)

Intersections and access. New intersections with existing public roads shall be minimized. Although two separate accessways into and out of subdivisions containing more than 25 dwellings are generally required for safety, proposals for more than two entrances onto public roads shall be discouraged if they would unnecessarily disrupt traffic flow. Any individual cul-de-sac (public or private) within the residential development shall have no more than 15 units that have exclusive frontage along said cul-de-sac. A public cul-de-sac shall serve at least a minimum of five units that have exclusive frontage along the cul-de-sac.

(4)

Sensitive area disturbance. The proposed design shall minimize disturbance of environmentally sensitive areas, as shown on the existing resources and site analysis plan. Areas within the 100-year floodplain, or having slopes in excess of 20%, and rock outcroppings constitute such environmentally sensitive areas where disturbance shall be strictly minimized. Demonstration by the applicant that these features will be protected by the proposed application shall be prerequisite to approval of both the conceptual preliminary plat and the detailed final plat.

(5)

The applicant shall further endeavor to harmonize the development of the site with these natural features and to synergize those natural features with each other so as to preserve, where possible, their contiguity.

(6)

The developer shall, where applicable, apply the design standards as set forth in the Developer's Handbook.

Density determination in the R-1/R-2 and R-2E Zoning Districts. When a property is subdivided under § 235-15, applicants shall have the choice of two methods of determining the maximum permitted residential building density on their properties. They are as follows:

(1)

Adjusted tract acreage approach: Determination of the maximum number of permitted dwelling units on any given property shall be based upon the adjusted tract acreage of the site. The adjusted tract acreage shall be determined by multiplying the acreage classified as being in the categories of constrained land (described below) by the numerical "density factor" for that category of constrained land.

(a)

The following shall constitute "constrained land" and shall be deducted from the total (gross) tract area:

[1]

All land within the rights-of-way of existing, reserved or dedicated streets prior to the date of submission of the application for public streets or highways, or within the rights-of-way for existing or proposed aboveground rights-of-way of utility lines.

[2]

All land under existing private streets.

[3]

Wetlands: multiply the acreage of delineated wetlands by 95%.

[4]

Floodway: multiply the acreage within the floodway by 100%.

[5]

Flood-fringe: multiply the nonwetland portion of the 100-year floodplain by 50%.

[6]

Steep slopes: multiply the acreage of land with natural ground slopes exceeding 20% by 80%.

[7]

Extensive rock outcroppings: multiply the total area of rock outcrops and boulder fields more than 1,000 square feet by 90%.

[8]

Moderately steep slopes: multiply the acreage of land with natural ground slopes of between 15% and 20% by 60%.

(b)

Only one constrained feature deduction shall apply to any one portion of the tract. The greatest applicable density factor shall apply.

(2)

Yield plan approach: Determination of density, or maximum number of permitted dwelling units, shall be based an actual yield plan. Yield plans shall meet the following requirements:

(a)

Yield plans must be prepared as conceptual layout plans in accordance with the standards of Chapter 235, Subdivision of Land, containing proposed lots, streets, rights-of-way, and other pertinent features. Drawn to scale, they must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal.

(b)

The yield plan shall reflect the dimensional standards in the underlying zoning district. It must identify the site's primary and secondary resources, as identified in the existing resources/site analysis plan, and demonstrate that the primary resources will be successfully absorbed in the development process without disturbance by allocating this area to the proposed house lots.

(c)

On sites not served by central sewage disposal, density shall be further determined by evaluating the number of homes that could be supported by individual septic systems on conventional lots. Based on the primary and secondary resources, identified as part of the inventory and analysis, and observations made during a site visit of the property, staff (with the assistance of consultants, when needed) shall select a 10% sample of the lots considered to be marginal for on-lot sewage disposal. The applicant is required to provide evidence that these lots meet the standards for individual septic systems. When all lots in the sample pass, the applicant shall be granted the full density determined by the yield plan. Should any of the lots in a sample fail to meet the standard for an individual septic system, those lots shall be deducted from the yield plan, and a second 10% sample shall be selected by the staff and tested for compliance. This process is repeated until all lots in a given sample meet the standard for an individual septic system.

(d)

Yield plan dimensional standards: The dimensional standards to be used in the development of yield plans shall be the same as those pertaining in the underlying zoning district.

Design standards for conservation subdivisions.

(1)

House lots shall not encroach upon a primary environmental corridor, and their layout shall avoid, to the extent practicable, a secondary environmental corridor and isolated natural resource area.

(2)

All new dwellings shall meet the following additional setback requirements:

(a)

From all road rights-of-way bordering the perimeter of the plat: 100 feet.

(b)

From all other tract boundaries: 50 feet.

(c)

From cropland or pasture land: 100 feet.

(d)

From buildings or barnyards housing livestock: 300 feet.

(e)

From active recreation areas such as courts or play fields (not including tot-lots): 150 feet.

(3)

Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of Chapter 235, Subdivision of Land.

(4)

House lots shall generally be accessed from interior streets rather than from roads bordering the tract.

(5)

To the maximum extent practicable, lots shall directly abut or be located directly across the street from conservation areas.

(6)

Standards pertaining to the quantity, quality, configuration, ownership, and maintenance of the conservation area created under this article are contained in § 275-41B(3) of this chapter.

(7)

Subdivisions shall be divided in accordance with the City's Developer's Handbook and applicable City ordinances.

Additional density may be allowed by the Plan Commission when one of the following public benefits is proposed:

(1)

Greater open space percentages. A density increase may be granted by the Common Council for conservation subdivision applications at the following rates: in the R-1/R-2 District, up to one dwelling unit for every five additional acres of permanent conservation land; and in the R-2E District, up to one additional dwelling unit for every two acres of unconstrained land (set aside as permanent conservation land). Area for off-site POWTS and buffer shall not be included in the open space calculations for additional lots.

(2)

Larger tracts. A density bonus may be granted by the Common Council for conservation subdivision applications involving tracts greater than 50 acres in area at the following rate: one additional dwelling unit for every 10 acres of total tract acreage above 50 acres in the R-1/R-2 District and one additional dwelling unit for every 20 acres of total tract acreage above 50 acres in the R-2E District.

(3)

Transfer of density. The landowner may increase the number of lots in a conservation subdivision by transferring density from parcels not included in the conservation subdivision plat under the provisions of this article. Density may be increased on the receiving parcel while density is decreased on the sending parcel in order to achieve the desired objectives. All sending and receiving areas must be located within the corporate boundaries of the City of New Berlin but outside the boundaries of the existing sewer service areas. The following requirements shall be met:

(a)

Sending area and receiving area ratios. The additional lots allowed under a transfer-of-density rule may not encroach on the required open space. Land deed-restricted on a transfer of density can only be counted once and cannot be considered open space for any other project.

[1]

Sending areas which do not share a common lot line(s) with the conservation subdivision plat shall get a 50% density credit of their buildable area under the following schedule:

[a]

For every 10 acres of A-1, A-2, or R-1/R-2 residentially zoned land deed-restricted to open space, dedicated to permanent open space, and/or protected through a conservation easement, one additional lot will be allowed in the conservation subdivision plat.

[b]

(Reserved)

[c]

There is no transfer of density from C-1 or C-2 land that is not abutting the proposed conservation subdivision.

[2]

Sending areas which do share a common lot line(s) with the conservation subdivision plat shall get a 100% density credit under the following schedule:

[a]

For every five acres of A-1, A-2, or R-1/R-2 residentially zoned land deed-restricted to open space, dedicated to permanent open space, and/or protected through a conservation easement, one additional lot will be allowed in the conservation subdivision plat.

[b]

(Reserved)

[c]

Twenty-five percent of C-1 and/or C-2 land abutting the conservation subdivision plat can be counted towards the required open space consistent with zoning regulations.

[3]

The City of New Berlin shall have the authority to determine the buildable area of the sending area and the maximum potential density transferred based on compliance with standards contained within this chapter and Chapter 235, Subdivision of Land.

(b)

Procedures for use of transfer of density. The transfer of density shall take place as a private exchange between property owners, subject to approval of the sending and receiving parcels by the City in accordance with the procedures set forth below.

[1]

An application for use of the density exchange option on a receiving parcel shall be made to the City of New Berlin Plan Commission and shall include the following:

[a]

A sketch plan of the proposed subdivision.

[b]

A calculation of the number of lots to be acquired from the sending parcel and the resulting density on the receiving parcel.

[c]

Documentation of ownership interests acceptable to the City Attorney.

[2]

The Plan Commission shall tentatively approve the use of the transfer-of-density option on the receiving parcel and allow the applicant to proceed with the subdivision process if:

[a]

The receiving parcel meets the criteria set forth in this section.

[b]

The sketch plan for the receiving parcel represents a subdivision which can be accommodated on the property while protecting at least 50% of the gross site area in common open space and sensitive environmental features such as steep slopes, wetlands, floodplains, critical species habitats and stream corridors.

[3]

An application for approval of the sending parcel may be no later than the submission of the preliminary plat for the receiving parcel subdivision and shall include the following:

[a]

A boundary survey of the sending parcel(s).

[b]

A sketch of the sending parcel, including documentation of the area of the parcel from which the development densities will be transferred.

[c]

Documentation of the sending parcel owner's intent to transfer density.

[d]

Documentation that the parcel meets the requirements of this section.

[e]

A calculation of the maximum number of lots which are to be transferred from the sending parcel and the number of lots which are not to be transferred.

[f]

If any residual lots remain on the sending parcel, a sketch plan of the proposed clustered subdivision, meeting all requirements for cluster development at a density stipulated in this chapter and Chapter 235, Subdivision of Land.

[4]

Subdivisions on a receiving parcel may be recorded in sections. A final subdivision plan shall not be approved for the receiving parcel until one or more sending parcels are approved and the maximum allowable density to be transferred is certified by the City, which provides the necessary number of additional lots for the lots shown on the final subdivision plan.

[5]

Following approval of the final subdivision plat for the receiving parcel(s), the following documents shall be recorded at one time in the office of the Waukesha County Register of Deeds:

[a]

A final plat for each sending parcel, designating the property as a sending parcel, indicating the number of lots which have been transferred from the parcel.

[b]

If ownership of a sending parcel is not transferred or dedicated to the City or an entity acceptable to the City, a conservation easement for each sending parcel restricting it from further development in perpetuity, held by the City or an entity acceptable to the City, and deed restriction held by the owner, his successors and assigns.

[c]

A final plat for each receiving parcel. The final plat for a portion of a receiving parcel may consist of large holding lots that are recorded as "unbuildable" until further subdivision occurs. Final plats for cluster subdivisions on the holding lots shall follow all the requirements of this chapter.

[6]

Plats on sending and receiving parcels shall follow all the requirements of this chapter and Chapter 235, Subdivision of Land.

(c)

Achievable density. The provisions of this section shall not be interpreted as guaranties of achievable density. Developments using a transfer of density shall be subject to all other applications and regulations of this chapter and Chapter 235, Subdivision of Land. These other regulations or site-specific conditions may prevent maximum transfer-of-density levels from being achieved due to the character of the land, location of natural features, access requirements, or surrounding uses.

§ 275-34 Commercial districts.

General purpose and intent. The districts contained in this section are created to:

(1)

Provide appropriately located areas consistent with the New Berlin Comprehensive Plan for a full range of retail and service commercial uses;

(2)

Strengthen the City's economic base and provide employment opportunities close to home for residents of the City and surrounding communities;

(3)

Create suitable environments for various types of commercial uses and protect them from the adverse effects of incompatible uses;

(4)

Minimize the impact of commercial development on abutting residential districts;

(5)

Ensure that the appearance and effects of commercial buildings and uses are harmonious with the character of the area in which they are located; and

(6)

Ensure the provision of adequate off-street parking and loading facilities.

List of districts and specific purpose statements. The commercial districts are created with the following specific purposes:

(1)

B-1 Shopping Center District. The B-1 Shopping Center District is intended to provide for neighborhood and community shopping centers with groupings of retail and customer service establishments to serve both the citizens of New Berlin, the surrounding region, and businesses. Hotels and regional uses are also appropriate in this district when planned appropriately in relation to traffic and landscaping. This district is intended to accommodate the requirement of on-site parking and loading facilities; landscape planting screens in areas adjacent to nonbusiness development or other incompatible uses; and a partially pedestrian-oriented shopping environment. Uses in this district are intended to be compatible with the character of the adjacent residential areas served.

(2)

B-2 General Retail Sales and Service District. The B-2 General Retail Sales and Service District is intended to accommodate a broad range of retail sales and service uses. The district is also intended to provide for the orderly and attractive development and grouping in appropriate and convenient locations for small-lot business activities of a general nature. The district is further intended to promote the provision of ample off-street parking and loading areas; landscape planting screens in areas adjacent to nonbusiness development or other incompatible uses; and development in character with the adjacent land uses.

(3)

B-3 General Bulk Sales District. The B-3 General Bulk Sales District is intended to provide for such uses as building supplies, equipment sales, contracting services, septic system service, LP gas sales, and outdoor storage establishments. This district is intended to accommodate the needs of the agricultural community for the western portion of the community without detracting from the character of the area. The B-3 District is also intended to provide for, where properly screened, on-site parking for customers' automobiles, on-site outdoor areas for merchandise storage and sales, customer off-street loading facilities, and open outdoor areas for sale of large items of merchandise transported by truck. The district also requires the minimization of adverse impacts upon any adjacent incompatible land uses. The district is further intended to promote the provision of ample off-street parking and loading areas; landscape planting screens in areas adjacent to nonbusiness development or other incompatible uses; and development in character with the adjacent land uses.

(4)

B-5 Rural Commercial District. The B-5 Rural Commercial District is intended to accommodate the needs of the agricultural community with a range of retail sales and service uses. The uses of these areas are intended to provide convenience for farms and the growing residential uses in the western portion of the community without detracting from the character of the surrounding area. The district is further intended to promote the provision of ample off-street parking and loading areas; landscape planting screens in areas adjacent to nonbusiness development or other incompatible uses; and development in character with the adjacent land uses.

Use Summary Table. Table 275-34-1 below sets forth the uses allowed within the relevant zoning district. The abbreviations used in the table are described in § 275-32C and are summarized in the legend table following Table 275-34-1.

[Amended 9-23-2014 by Ord. No. 2529; 10-9-2018 by Ord. No. 2607; 8-24-2021 by Ord. No. 2652; 4-25-2023 by Ord. No. 2668]

(1)

(a)

The use is harmonious with and does not conflict with the other uses in the district.

(b)

The use will not jeopardize the public health, safety and welfare.

Table 275-34-1
Uses	Zoning Districts
	B-1	B-2	B-3	B-5	Additional Regulations Refer to
Commercial Uses
Amusement centers or arcades	P	*	*	*
Automotive body repair	*	*	P	*
Automotive fuel sales	C	C	P	C	§ 275-41C(2)
Automotive rental	*	*	P	*
Automotive sales	*	*	P	*
Automotive service	P	P	P	*	§ 275-41C(3)
Banquet halls	P	P	P	*
Bars and taverns	P	P	P	P
Breweries	P	P	C	*	§ 275-41C(12)(d)
Brewpubs	P	P	C	*	§ 275-41C(12)(c)
Car wash establishment	P	P	P	*	§ 275-41C(20)
Commercial sports complex	P	*	*	*	§ 275-36D(5)
Contracting and construction sales services	C	C	P	P
Contractor bulk sales	*	*	P	P
Convenient cash businesses	P	*	*	*	§ 275-41C(19)
Cosmetic tattoo establishments/permanent cosmetics	P	P	P	P	§ 275-41C(17)
Department stores	P	C	*	*	§ 275-41C(5)
Farm equipment sales and service	*	*	P	P
Funeral services	P	P	*	*	§ 275-41C(7)
Greenhouses	P	P	P	P
Health and fitness studios	P	P	C	*
Hotels and motels	C	*	*	*	§ 275-41C(8)
Mobile tower facilities	A/P/C	A/P/C	A/P/C	A/P/C	§ 275-41C(16)
Outdoor displays and sales	A	A	A	A	§ 275-41C(9)
Outdoor storage	*	*	A	A	§ 275-41C(10)
Personal services	P	P	P	P	§ 275-41C(11)
Pet day-care/boarding facilities	C	C	P	P
Public signs	P	P	P	P	§ 275-61A(3)
Restaurants	P	P	P	P	§ 275-41C(12)
Retail commercial uses	P	P	P	P
Self-storage facilities	*	*	C	C	§ 275-41C(14)
Service commercial uses	P	P	P	P	§ 275-41C(15)
Shopping centers	P	C	C	C
Theaters	P	P	*	*
Veterinary clinics	P	P	P	P
Wholesale commercial uses	*	*	P	P
Office Uses
Business offices	P	P	P	P
Contracting and construction offices (only)	P	P	P	P
Financial institutions	P	P	P	P	§ 275-41D(1)
Medical and dental offices	P	P	C	C
Manufacturing/Industrial Uses
Aboveground/underground storage tanks	P	P	P	P	§ 275-41I
Freight services	*	*	*	*
Industrial sales	*	*	C	*
Warehouses	*	*	C	*
Institutional/Public/Semipublic Uses
Bus stations	C	*	*	*
Churches (neighborhood)	P	P	P	P	§ 275-70
Churches (community)	C	C	C	C	§ 275-70
Day-care centers	P	P	P	P
Essential services	A	A	A	A
Indoor recreational uses	C	C	*	*
Recreational trails	P	P	P	P
Truck rental services	*	*	P	*
Utilities	P	P	P	P
Miscellaneous Uses
Drive-through facilities	A	A	A	A	§ 275-41H(1)
Natural resource conservation and preservation uses	P	P	P	P
Off-street parking and loading areas	A	A	A	A	§ 275-57
Park-and-ride lots	P	P	P	P
Residential quarters	*	A	A	A	§ 275-42G(1)(a)
Silviculture	P	P	P	P	§ 275-54 and § 275-54.1
Any other use the Plan Commission finds will be similar in nature, operation and function to the uses allowed within the district					§ 275-34C(1)

LEGEND
P	Principal Use
C	Conditional Use
A	Accessory Use
T	Temporary Use
*	Prohibited Use

Table 275-34-2
	Minimum Lot Dimensions		Minimum Setbacks (feet)
District	Lot Area (square feet)	Lot Width (feet)	Front	Side (each side)	Rear	OHWM	Wetland	Maximum Height (feet)
B-1	Neighbor- hood shopping center: 3 acres	200	40	25	25	50	10	35 Except hotels and motels: 55
	Community shopping center: 10 acres
	Internal lots: 40,000
B-2	40,000	200	40	15	25	50	10	35
B-3	3 acres	250	50	25	25	50	10	35
B-5	40,000	200	50	25	25	50	10 or 30; see § 275-34D(5)	35

Additional requirements:

(1)

The Plan Commission may waive side and rear setback requirements if adjacent developments are designed as a unified project.

[Amended 4-25-2023 by Ord. No. 2668]

(2)

The side setback in the B-2 and B-3 Districts applies to structures on lots of 100 feet or more in width. The side setback can be reduced to 10 feet for structures on existing lots with a width less than 100 feet.

[Amended 4-25-2023 by Ord. No. 2668]

(3)

Hotels and motels may exceed the maximum height requirement of 55 feet if the eligibility for height credit is satisfied as set forth herein. A credit of one hotel floor may be granted for each level of underground parking and/or for the dedication of permanent open space in an amount not less than two times the square footage of the floor space added. In no event shall a credit be granted in excess of two floors and not to exceed 22 feet. Lands which are designated as environmental corridors, isolated natural resource areas or conservancy lands shall not be eligible for purposes of calculating the credit set forth herein.

(4)

(Reserved)

(5)

Wetland setback.

(a)

All impervious surfaces shall be set back a minimum of 10 feet, except in the B-5 Zoning District, the minimum setback is 30 feet. However, where at least one of the following conditions is met in the B-5 Zoning District, the minimum setback is 10 feet:

[1]

The lot is vacant and is part of a platted residential subdivision that was recorded before October 9, 2001.

[2]

The building permit for the principal structure located on the lot was issued before October 9, 2001.

(b)

Grading may be allowed within the wetland setback upon approval by the Director. The applicant shall demonstrate appropriate erosion control practices as approved by the City and/or the DNR.

(c)

Landscaping may be allowed within the wetland setback upon approval by the Director. The applicant shall demonstrate appropriate erosion control practices as approved by the City and/or the DNR.

(6)

Table 275-34-3
Lot Coverage (percent)
District	Maximum Coverage by Buildings	Maximum Coverage by Impervious Surfaces	Minimum Coverage by Open Space and Landscaping
B-1	50%	75%	25%
B-2	50%	75%	25%
B-3	50%	75%	25%
B-5	40%	65%	35%

§ 275-35 Office and industrial districts.

General purpose and intent. The districts contained in this section are created to:

(1)

Provide appropriately located areas consistent with the New Berlin Comprehensive Plan for a variety of office and industrial uses;

(2)

Strengthen the City's economic base and provide employment opportunities close to home for residents of the City and surrounding communities;

(3)

Create suitable environments for various types of office and industrial uses and protect them from the adverse effects of incompatible uses;

(4)

Minimize the impact of office and industrial development on all abutting districts;

(5)

Ensure that the appearance and effects of office and industrial buildings and uses are harmonious with the character of the area in which they are located; and

(6)

Ensure the provision of adequate off-street parking and loading facilities.

List of districts and specific purpose statements. The office and industrial districts are created with the following specific purposes:

(1)

O-1 Office and Business Service District. The O-1 Office and Business Service District is intended to provide for individual or attractive groupings of office and financial service uses in aesthetically pleasing structures on lots with ample open space.

(2)

O-2 Business Park Development District. The O-2 Business Park Development District is intended to provide for the development of an attractive grouping of buildings limited to light industrial uses, offices, corporate headquarters, and support facilities in a parklike setting. The district is further intended to promote the provision of ample off-street parking and loading areas, open space, and landscape planting screens or buffer yards in areas adjacent to residential areas.

(3)

O-3 Transitional Office District. The O-3 Transitional Office District is intended to provide for low-intensity uses that serve as a transitional use between residential uses and districts and higher-intensity uses, including office, commercial and industrial uses. The district is also intended to accommodate areas where many residential homes are being converted to nonresidential uses such as business, medical, and professional offices. The O-3 District provides regulations that limit parking in side and rear yards, landscaping, architectural preservation of the existing residential character, and small-scale structures that blend in with the surrounding community while providing necessary services to the citizens of New Berlin.

(4)

M-1 Light Manufacturing District. The M-1 Light Manufacturing District is intended to provide for a range of light manufacturing and industrial uses. The M-1 Light Manufacturing District is also intended to provide for manufacturing and industrial development of a more-restrictive nature. The district is further intended to be used where the relative proximity to other uses requires more-restrictive regulation.

(5)

M-2 General Industrial District. The M-2 General Industrial District is intended to provide for manufacturing and industrial development of a less-restrictive nature than in the M-1 Light Manufacturing District in areas where the relationship to surrounding land use would create fewer problems of compatibility. This district is further intended to allow, where properly screened, outside storage of vehicles, equipment, machinery, and inventory.

(6)

M-3 Section 34-35 Business Park Development District. The M-3 Section 34-35 Business Park Development District is intended for light manufacturing, office and business uses of a moderate scale and intensity. The M-3 Section 34-35 Business Park Development District is also intended to provide a broader mix of allowable uses including retail establishments within Sections 34 and 35 of the City to support both the business and residential development. The district is further intended to promote open space, intense vertical landscape, planting screens, buffer yards and preservation of existing environmental features (trees, wetlands, floodplain, rock outcroppings, steep slopes and viewsheds). Areas identified in § 275-13.1H(4) are the areas intended to be rezoned M-3.

[Added 1-12-2016 by Ord. No. 2558]

Uses Summary Table. Table 275-35-1 below sets forth the uses allowed within the relevant zoning district. The abbreviations used in the table are described in § 275-32C and are summarized in the legend table following Table 275-35-1.

[Amended 1-12-2016 by Ord. No. 2558; 10-9-2018 by Ord. No. 2607; 8-24-2021 by Ord. No. 2652; 4-25-2023 by Ord. No. 2668]

(1)

Similar uses. Where there is a new use that is not listed or identified in another zoning district that the Plan Commission/CDA finds similar in nature, operation and function to that of another use allowed in this chapter, the Plan Commission/CDA may permit the new use under similar districts and with all other applicable regulations as the existing similar use, provided that:

(a)

The use is harmonious with and does not conflict with the other uses in the district.

(b)

The use will not jeopardize the public health, safety and welfare.

Table 275-35-1
Uses	Zoning Districts
	O-1	O-2	O-3	M-1	M-2	M-3	Additional Regulations Refer to
Commercial Uses
Adult-oriented establishments	*	*	*	C	C	*	§ 275-41C(1)
Automotive body repair				P	P	*
Automotive fuel sales				P	P	P	§ 275-41C(2)
Automotive service	C	C	C	P	P	P	§ 275-41C(3)
Banquet halls	C	C	C	P	P	P
Bars and taverns	C	C	C	P	P	P
Breweries	*	*	*	P	P	P	§ 275-41C(12)(d)
Brewpubs	C	C	*	P	P	P	§ 275-41C(12)(c)
Car wash establishment	P	P	*	P	P	*	§ 275-41C(20) & § 275-41H(1)
Commercial sports complex	*	*	*	P	P	P	§ 275-36D(5)
Cosmetic tattoo establishments/permanent cosmetics	C	C	C	P	P	P	§ 275-41C(17)
Funeral services	C	C	C	P	P	P	§ 275-41C(7)
Greenhouses	C	C	C	P	P	P
Health and fitness studios	C	C	C	P	P	P
Hotels and motels	P	P	*	P	P	P	§ 275-41C(8)
Mobile tower facilities	P/C	P/C	P/C	P/C	P/C	P/C	§ 275-41C(16)
Outdoor storage	*	*	*	A	A	A	§ 275-41C(10)
Personal services	P	C	P	C	C	P	§ 275-41C(11)
Pet day-care/boarding facilities	*	*	*	P	P	P
Public signs	P	P	P	P	P	P	§ 275-61A(3)
Restaurants	P	P	*	P	P	P	§ 275-41C(12)
Retail commercial uses	C	C	*	C	C	P
Sale of recreational vehicles and motorcycles	*	*	*	P	P	C
Self-storage facilities	*	*	*	P	P	*	§ 275-41C(14)
Service commercial uses	C	C	*	C	C	P	§ 275-41C(15)
Service commercial uses (outdoor storage)	C	C	*	C	C	C
Tattoo and body-piercing establishments	*	*	*	C	C	*
Theaters	C	C	C	P	P	P
Veterinary clinics	C	C	C	P	P	P
Office Uses
Business offices	P	P	P	P	P	P	§ 275-41D(2)
Financial institutions	P	P	*	C	C	P	§ 275-41D(1) & § 275-41D(2)
Government offices	P	P	*	C	C	P	§ 275-41D(2)
Medical and dental offices	P	P	P	C	C	P	§ 275-41D(2)
Post offices	P	P	*	C	C	C	§ 275-41D(2)
Manufacturing/Industrial Uses
Aboveground/underground storage tanks	*	*	*	P	P	P	§ 275-41I
Distribution centers	*	C	*	P	P	P
Freight services	*	*	*	P	P	*
Heavy industrial uses	*	*	*	*	P	*
Industrial sales	*	*	*	C	C	P
Industrial sales (outdoor sales)	*	*	*	C	C	C
Light industrial uses	*	A/C	*	P	P	P	§ 275-41E(1)
Manufacturing of animal feed	*	*	*	*	*	*
Research and development facilities	*	*	*	P	P	P
Truck terminals	*	*	*	*	*	*
Warehouses	*	A/C	*	P	P	P	§ 275-41E(2)
Institutional/Public/Semipublic Uses
Day-care centers	P	P	*	P	P	P
Churches (neighborhood)	P	P	P	P	P	P	§ 275-70
Churches (community)	C	C	C	P	P	P	§ 275-70
Central composting facilities	*	*	*	C	C	*
Essential services	P	P	P	P	P	P
Recreational trails	P	P	P	P	P	P
Recycling centers	*	*	*	C	C	C
Utilities	C	C	C	C	C	C
Miscellaneous Uses
Drive-through facilities	A	A	*	A	A	A	§ 275-41H(1)
Natural resource conservation and preservation uses	P	P	P	P	P	P
Off-street parking and loading areas	A	A	A	A	A	A	§ 275-57
Park-and-ride lots	P	P	*	P	P	P
Silviculture	P	P	P	P	P	P	§ 275-54 and § 275-54.1
Transportation depots	*	*	*	C	C	C
Any other use the Plan Commission/CDA finds will be similar in nature, operation and function to the uses allowed within the district							§ 275-35C(1)

LEGEND
P	Principal Use
C	Conditional Use
A	Accessory Use
T	Temporary Use
*	Prohibited Use

[Amended 1-12-2016 by Ord. No. 2558; 9-23-2014 by Ord. No. 2529; 10-9-2018 by Ord. No. 2607]

Table 275-35-2
	Minimum Lot Dimensions		Minimum Setbacks (feet)
District	Lot Area (square feet)	Lot Width (feet)	Front	Side (each side)	Rear	OHWM	Wetland	Maximum Height (feet)
O-1	40,000	200	50	25	25	50	10	55
O-2	40,000	200	50	25	25	50	10	55
O-3	Uses in the O-3 District shall meet the minimum site development standards of the most restrictive zoning district adjacent to the subject property.							35
M-1	40,000	200	50	15	25	50	10	45
M-2	40,000	200	50	15	25	50	10	60
M-3	40,000	200	0	0	0	50	10	45

Additional requirements:

(Reserved)

(Reserved)

(Reserved)

Wetland setback.

All impervious surfaces shall be set back a minimum of 10 feet.

(b)

Grading may be allowed within the wetland setback upon approval by the Director. The applicant shall demonstrate appropriate erosion control practices as approved by the City and/or the DNR.

(c)

Landscaping may be allowed within the wetland setback upon approval by the Director. The applicant shall demonstrate appropriate erosion control practices as approved by the City and/or the DNR.

(6)

Additional site development standards for the O-3 District shall include:

(a)

All structures shall maintain the residential character of the existing structure and/or of the surrounding residential neighborhood, including gabled roofs, window/door ratios, and the size and lot coverage of surrounding structures.

(b)

Parking shall be allowed in the front yard only if it is unobtrusive to surrounding uses.

(c)

Parking may be allowed in the rear yard if it is sufficiently landscaped and buffered from surrounding uses.

(d)

Deliveries shall be limited to the front or side of the building.

(7)

Table 275-35-3
Lot Coverage (percent)
District	Maximum Coverage by Buildings	Maximum Coverage by Impervious Surfaces	Minimum Coverage by Open Space and Landscaping
O-1	50%	70%	30%
O-2	50%	70%	30%
O-3	Uses in the O-3 District shall meet the minimum site development standards of the most restrictive zoning district adjacent to the subject property, including any lot coverage and/or minimum building area requirements.
M-1	50%	70%	30%
M-2	50%	70%	30%
M-3	50%	70%	30%

(8)

Under the M-3 District, there are no required setbacks, but all applicable building and fire codes, landscaping, screening and buffer yards shall be met.

§ 275-36 Institutional and recreational/park districts.

General purpose and intent. The districts contained in this section are created to:

(1)

Provide appropriately located areas consistent with the New Berlin Comprehensive Plan for a full range of institutional and recreational areas to benefit residents, businesses, and workers in New Berlin;

(2)

Protect valuable institutional, parks and recreational areas that currently exist within New Berlin;

(3)

Create useful buffer areas between residential and nonresidential uses to minimize land use conflicts; and

(4)

Promote a sense of community by creating areas wherein citizens can congregate for various programs and activities.

List of districts and specific purpose statements. The institutional districts are created with the following specific purposes:

(1)

I-1 Institutional District. The I-1 Institutional District is intended to provide areas for public or private institutions or organizations housing social, educational, religious, or governmental activities.

(2)

P-1 Park and Recreation District. The P-1 Park and Recreation District is intended to provide areas where open space and outdoor recreational needs of the citizens can be met without the undue disturbance of natural resources and adjacent uses. When applied to privately owned recreational lands, this district is intended to avoid the conversion of such lands to other urban uses without adequate public review and approval. The district should be used for areas designated as parks in the adopted New Berlin Comprehensive Plan.

(3)

P-2 Section 35 Park Complex District. The P-2 Section 35 Park Complex District is intended to provide an area for a regional amenity that would provide tournament, practice and game space for baseball, softball and soccer. The district will also incorporate neighborhood park elements for neighboring residents. The complex will provide a buffer between the residential and business park land uses and may be expanded to create additional meaningful passive recreational opportunities and utilize the City's utility easement/public trail to create more of a linear parkway. Uses may include, but are not limited to, passive recreational trails, fishing ponds, winter sports activities, snowshoeing, cross-country skiing, sledding, nature trails, bird watching and interpretive exercise trails.

[Added 1-12-2016 by Ord. No. 2558]

Uses Summary Table. Table 275-36-1 below sets forth the uses allowed within the relevant zoning district. The abbreviations used in the table are described in § 275-32C and are summarized in the legend table following Table 275-36-1.

[Amended 1-12-2016 by Ord. No. 2558; 10-9-2018 by Ord. No. 2607; 8-24-2021 by Ord. No. 2652; 4-25-2023 by Ord. No. 2668]

(1)

(a)

The use is harmonious with and does not conflict with the other uses in the district.

(b)

The use will not jeopardize the public health, safety and welfare.

Table 275-36-1
Uses	Zoning Districts
	I-1	P-1	P-2	Additional Regulations Refer to
Residential Uses
Community living arrangements	P	*	*	§ 275-41G(1)
Dormitories	A	*	*
Commercial Uses
Amphitheaters	*	C	C
Aquariums	*	C	*
Auditoriums	P	C	*
Banquet halls	*	C	*
Bowling alley	*	C	*
Commercial sports complex	*	P	P	§ 275-36D(5)
Exhibition halls	*	C	*
Fairgrounds	*	C	*
Mobile tower facilities	P/C	P/C	P/C	§ 275-41C(16)
Outdoor storage	A	A	A	§ 275-41C(10)
Stadiums	*	C	C
Office Uses
Government offices	P	C	C
Medical and dental offices	A	*	*
Post offices	P	P	*
Institutional/Public/Semipublic Uses
Assisted living facilities	P	*	*	§ 275-41B(1)
Cemeteries	C	*	*
Central composting facilities	C	C	*
Churches (neighborhood)	P	*	*	§ 275-70
Churches (community)	C	*	*	§ 275-70
Crematory services	C	*	*
Day-care centers	P	*	*
Educational facilities	P	C	*	§ 275-41G(2)
Interpretive centers, learning centers	P	C	*
Nature-based learning centers	P	P	P
Essential services	P	P	P
Golf driving range	*	A/C	*	§ 275-41G(3)
Hospitals	P	*	*
Indoor recreational uses	A	P	C
Libraries	P	C	*
Museums and galleries	P	C	*
Organizational clubs	P	*	P
Public service uses	P	*	*
Recreational trails	P	P	P
Recycling centers	C	C	*
Tournaments/sporting events	A	A	A
Utilities	C	C	P
Miscellaneous Uses
Forest and game management		P	P
Hunting and fishing clubs	*	C	*
Natural resource conservation and preservation uses	P	P	P
Park and ride lots	P	P	*
Silviculture	P	P	P	§ 275-54 and § 275-54.1
Any other use the Plan Commission/CDA finds will be similar in nature, operation and function to the uses allowed within the district				§ 275-36C(1)
Accessory Uses
Accessory dwellings	A	A	*	§ 275-42G
Concessions	*	P	P
Off-street parking and loading areas	A	A	A	§ 275-57
Temporary uses/event sales and display	T	T	P	§ 275-43

LEGEND
P	Principal Use
C	Conditional Use
A	Accessory Use
T	Temporary Use
*	Prohibited Use

[Amended 1-12-2016 by Ord. No. 2558; 10-9-2018 by Ord. No. 2607]

Table 275-36-2
	Minimum Lot Dimensions		Minimum Setbacks (feet)
District	Lot Area (square feet)	Lot Width (feet)	Front	Side (each side)	Rear	OHWM	Wetland	Maximum Height (feet)
I-1	40,000	200	50	50	50	50	10 or 30; see § 275-36D(3)	45
P-1	None	None	50	50	50	50	10	35
P-2	None	None	0	0	0	50	10	35

Additional requirements:

(1)

Lots in the P-1 and P-2 Park Districts shall provide sufficient area for the principal structure and its accessory structures, off-street parking and loading areas, and all required yards.

(2)

The Plan Commission may modify the yard requirements in the P-1 District where it deems the requirement to serve no public purpose.

(3)

Wetland setback.

(a)

All impervious surfaces shall be set back a minimum of 10 feet, except in the I-1 Zoning District, the minimum setback is 30 feet. However, where at least one of the following conditions is met in the I-1 Zoning District, the minimum setback is 10 feet:

[1]

The lot is vacant and is part of a platted residential subdivision that was recorded before October 9, 2001.

[2]

The building permit for the principal structure located on the lot was issued before October 9, 2001.

(b)

Grading may be allowed within the wetland setback upon approval by the Director. The applicant shall demonstrate appropriate erosion control practices as approved by the City and/or the DNR.

(c)

Landscaping may be allowed within the wetland setback upon approval by the Director. The applicant shall demonstrate appropriate erosion control practices as approved by the City and/or the DNR.

(4)

Table 275-36-3
Lot Coverage (percent)
District	Maximum Coverage by Buildings	Maximum Coverage by Impervious Surfaces	Minimum Coverage by Open Space and Landscaping
I-1	50%	70%	30%
P-1	None	None	None
P-2	None	None	None

(5)

Commercial park/sports complex.

[Added 8-24-2021 by Ord. No. 2652]

(a)

Commercial park/sports complex is a regional park facility with intensive programming and use which is owned and/or operated by a private entity and which includes outdoor athletic fields for organized team activities. Such facilities are membership/fee based and may include concessions/snack bar, a clubhouse, pro shop and/or other retail sales. It may also include an indoor sports facility.

(b)

Commercial parks/sport complexes are prohibited in agricultural districts, as well as all residential districts or within 200 feet of the border of a residential district due to the intensity of the use of such parks and the impact which they are likely to have with regard to noise, light pollution, traffic and parking in surrounding neighborhoods and streets.

(c)

Commercial parks/sport complexes are permitted in B-1, industrial districts or on lands zoned P-1 and designated for such purposes in the park plan portion of the City's Comprehensive Plan. In considering the rezoning of lands to permit the siting of such a facility, it should be noted that commercial parks/sports complexes are generally not consistent with the rural character of the City west of Calhoun Road.

§ 275-37 Special districts.

General purpose and intent. The districts contained in this section are created to:

(1)

Recognize that there are unique features and needs within New Berlin that require specific zoning to protect these features and minimize any potential land use conflicts;

(2)

Provide appropriately located areas consistent with the New Berlin Comprehensive Plan for quarrying and landfill operations;

(3)

Protect natural drainage patterns to minimize flooding and flood damage;

(4)

Protect the natural resources that are found within New Berlin; and

(5)

Provide additional agricultural and recreational uses where such uses will preserve the specific purpose of the zoning district.

List of districts and specific purpose statements. The special districts are created with the following specific purposes:

(1)

Q-1 Quarrying and Extractive District. The Q-1 Quarrying and Extractive District is intended to provide for the conduct of quarries and extractive use areas limited to extraction of on-site materials, to provide for related operations, and for the proper restoration of the quarried areas in a manner that will not deteriorate the natural environment.

(2)

L-1 Landfill District. The L-1 Landfill District is intended to regulate land use at existing and former landfill sites in the City. The L-1 Landfill District is further intended to protect the natural resource base of the City as well as the general public health and safety of City residents.

(3)

C-1 Upland Resource Conservancy District.

(a)

Purpose. The C-1 Conservancy District is intended to prevent the destruction of valuable natural and man-made resources and, in particular, woodlands, wetlands, wildlife habitat areas, perennial and intermittent streams, major lakes, floodlands and shorelands, significant water recharge and discharge areas, prairies, recreational and scenic areas, natural scientific areas, areas with poor soils or high groundwater, and areas of steep slopes, including primary environmental corridor, secondary environmental corridor and isolated natural resource areas. Regulation of these areas, including environmental corridors, should serve to control erosion and sedimentation and to protect the natural resource base and promote and maintain the natural beauty of the area as well as the health, safety, and welfare of City residents.

(b)

Applicability. The district is intended to be used in those areas of the City identified as having significant combinations of natural features or features not conducive to development. New lands should not be zoned to C-1 if a conservation easement has been placed on such lands. Conservation easements shall be used instead to protect significant natural features or features not conducive to development, such as those features identified in the prioritized list of resources to be conserved as described in § 235-41B(3).[1]

[1]

Petitions to remove the C-1 Zoning District. The original boundaries of the C-1 Zoning District were identified using aerial photography and were not field-verified. Petitions to remove any C-1 zoned lands shall identify that there are no significant resources, as described above, being protected. The applicant shall submit, at a minimum, the following information:

[a]

The applicant shall supply soil boring tests to the City along with a report identifying the findings. Findings shall include:

[i]

Soil suitability for the construction of buildings.

[ii]

Soil report indicating whether the soils are capable of supporting buildings.

[iii]

Presence of high groundwater.

[iv]

Any other unique or limiting soil characteristics (i.e., peat, bedrock, etc.).

[b]

The applicant shall verify with City staff the most-recent copy of the SEWRPC Environmental Corridor Maps along with any historical data, including but not limited to historical aerial photos, drain tile data, etc.

[c]

Any primary environmental corridor, secondary environmental corridor and isolated natural resources areas shall be field-verified in accordance with § 275-37D(6). The applicant shall provide a concurrence letter from the Southeast Wisconsin Regional Planning Commission.

[d]

Complete an endangered species review with the Wisconsin Department of Natural Resources.

[e]

Map of existing floodplain areas.

[2]

If there are remaining C-1 lands after the modification, those lands shall be placed within a conservation easement.

[1]

Editor's Note: See now § 235-40B(3).

(4)

C-2 Shoreland Wetland Holding District.

(a)

Purpose. The C-2 Shoreland Wetland Holding District is intended to preserve, protect, and enhance the ponds, streams, and wetland areas of the City of New Berlin. The preservation, protection, and enhancement of these areas will serve to maintain safe and healthful conditions; maintain and improve water quality, both ground and surface; prevent flood damage; control stormwater runoff; protect stream banks from erosion; protect groundwater recharge and discharge areas; protect wildlife habitats; protect native plant communities; avoid the location of structures on soils which are generally not suitable for use; and protect the water-based recreation resources of the City. Wetlands are unique and valuable natural resources that are becoming rare in Wisconsin and have many benefits, including:

[1]

Filtering nutrients and sediments out of water, keeping our lakes and streams clean;

[2]

Reducing flood damage by storing runoff from heavy rains or snow melt;

[3]

Spawning and nursery areas for fish;

[4]

Homelands to water fowl, songbirds, pheasants, fur-bearing animals, and a number of rare and endangered animals and plant species;

[5]

Buffer adjacent uplands against erosion;

[6]

Provide scenic beauty to our community.

(b)

All areas currently zoned C-2 Shoreland Wetland District shall be placed into the C-2 Shoreland Wetland Holding District and shall be subject to the wetland registration process as described in § 275-37E.

[1]

All registered wetlands shall be subject to the setbacks and regulations of the C-2 Shoreland Wetland District as set forth in § 275-37 of this chapter.

[2]

The C-2 boundary shall apply unless a wetland registration has been completed/approved.

[3]

For purposes of the setback and other land use provisions of this chapter, the registered wetland boundary shall apply. The C-2 boundary shall apply where there is no wetland registration showing on the property.

(5)

C-3 Permanent Open Space/Conservation Lands. The C-3 Permanent Open Space/Conservation Lands District is intended to serve as a preservation district to maintain lands that have been permanently designated as open space or conservation lands. This district serves as a more-definitive designation of open space and conservation lands as an alternative to deed restrictions and easements. This district should be utilized for developments where potential development densities have been transferred to another area of the property or to another site within New Berlin; developments that will have open space permanently preserved; and other similar conservation and preservation practices that will contribute to the unique character of New Berlin. The City shall use a conservation easement in place and/or in addition to the C-3 Zoning District.

Use Summary Table. Table 275-37-1 below sets forth the uses allowed within the relevant zoning district. The abbreviations used in the table are described in § 275-32C and are summarized in the legend table following Table 275-37-1.

[Amended 10-9-2018 by Ord. No. 2607; 8-24-2021 by Ord. No. 2652; 4-25-2023 by Ord. No. 2668]

(1)

Uses within the C-1 District.

(a)

All uses that are permitted within conservation areas shall be permitted within the C-1 District as described in § 275-41B(3)(a).

(b)

Single-family residential uses must be issued an administrative permit through the DCD, provided the lot is developed as described in § 275-37D(3)(c). The remainder of the C-1 zoned lands shall be placed into a conservation easement.

(c)

Clear-cutting of woodland is prohibited.

[1]

"Clear-cutting of woodland" is defined as the removal of any healthy trees greater than four inches' DBH on lands that do not have a Plan Commission approved forest management plan that meets established standards for selective harvesting and sustained-yield forestry.

[2]

Clear-cutting on lands zoned C-1 and which do not have a Plan Commission approved forest management plan may be permitted upon approval of a special cutting plan in accordance with § 275-54B(4), provided there is no other restriction prohibiting it.

(2)

Uses within the C-2 District. The following uses within the C-2 District are permitted, subject to other applicable ordinances, provided all requirements of Wis. Stats., Chs. 30 and 31, and Wis. Adm. Code Ch. NR 117 are met; all other uses are prohibited.

(a)

Hiking, fishing, trapping, hunting, swimming, snowmobiling and boating.

(b)

The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, or any other domestic crop, in a manner that is not injurious to the natural reproduction of such crops and that does not involve filling, flooding, draining, dredging, ditching, tiling or excavating, unless otherwise approved by the City and the DNR.

(c)

Subject to a Plan Commission approved forest management plan, the practice of silviculture, including the planting, thinning and harvesting of timber, provided that no filling, flooding, draining, dredging, ditching, tiling or excavating is done.

(d)

The pasturing of livestock and the construction and maintenance of fences, provided that no filling, flooding, draining, dredging, ditching, tiling or excavating is done, except limited filling and excavating necessary for the construction and maintenance of fences.

(e)

The cultivation of agricultural crops if cultivation can be accomplished without filling, flooding, or artificial drainage of the wetland through ditching, tiling, dredging or excavating, except for:

[1]

The maintenance and repair of existing farm drainage ditches, where permissible under § 30.20, Wis. Stats., or of other existing agricultural drainage systems (such as tiling) to restore the functional drainage of existing agricultural lands, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is permissible under Chapter 30, Wisconsin Statutes, and that dredged spoil is placed on existing spoil banks where possible; or

[2]

The construction and maintenance of roads necessary for agricultural cultivation, as permitted under Subsection C(2)(k).

(f)

The construction and maintenance of duck blinds, provided that no filling, flooding, draining, dredging, ditching, tiling or excavating is done.

(g)

The construction and maintenance of nonresidential buildings, provided that:

[1]

The building is used solely in conjunction with the raising of waterfowl, minnows or other wetland or aquatic animals, or used solely for some other purpose which is compatible with wetland preservation;

[2]

The building cannot, as a practical matter, be located outside the wetland;

[3]

The building does not exceed 500 square feet in size; and

[4]

No filling, flooding, draining, dredging, ditching, tiling or excavating is done, except limited filling and excavating necessary to provide structural support for the building.

(h)

The construction and maintenance of piers, docks, walkways, observation decks and trail bridges, provided that no filling, flooding, dredging, draining, ditching, tiling or excavating is done, except limited filling and excavating necessary for the installation of pilings.

(i)

The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game farms and wildlife preserves, and public boat-launching ramps, provided that:

[1]

No filling or excavating is done except for limited filling and excavating necessary for the development of boat-launching ramps, swimming beaches or the construction of park shelters or similar structures.

[2]

Any private development allowed under this subsection shall be used exclusively for the permitted purpose.

[3]

The construction and maintenance of roads necessary for the uses permitted under this subsection may be permitted if the requirements of Subsection C(2)(k) are met.

[4]

Ditching, excavating, dredging, dike and dam construction may be allowed in game refuges and closed areas, fish and wildlife habitat improvement projects, game farms, and wildlife areas, provided that they are done for the purpose of improving wildlife habitats or to otherwise enhance wetland values.

(j)

The construction and maintenance of electric and telephone transmission lines and water, gas and sewer distribution lines, and related facilities, provided that:

[1]

Such lines cannot, as a practical matter, be located outside the wetland; and

[2]

Any filling, excavating, ditching or draining necessary for such construction or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the wetland listed under Subsection B(4)(a).

(k)

The construction and maintenance of roads which are necessary for the continuity of the City street system, necessary for the provision of essential utility and emergency services, or necessary to provide access to uses permitted under this subsection, provided that:

[1]

The road cannot, as a practical matter, be located outside of the wetland;

[2]

The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland listed under Subsection B(4)(a);

[3]

The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;

[4]

Road construction activities are carried out in the immediate area of the roadbed only; and

[5]

Any filling, flooding, draining, dredging, ditching, tiling or excavating that is done must be necessary for the construction or maintenance of the road.

(l)

The installation and maintenance of sealed tiles for the purpose of draining lands outside the Shoreland Wetland Zoning District, provided that such installation or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the shoreland-wetland listed under Subsection B(4)(a).

(m)

The maintenance, repair, replacement, and reconstruction of existing county, City and village highways and bridges.

(n)

The maintenance and repair of existing nonagricultural drainage ditches, where permissible under § 30.20, Wis. Stats., or of other existing nonagricultural drainage systems (such as tiling) to restore preexisting levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is permissible under Chapter 30, Wisconsin Statutes, and that dredged spoil is placed on existing spoil banks where possible.

(3)

(a)

The use is harmonious with and does not conflict with the other uses in the district.

(b)

The use will not jeopardize the public health, safety and welfare.

Table 275-37-1
Uses	Zoning Districts
	Q-1	L-1	C-1	C-2	C-3	Additional Regulations Refer to
Agricultural Uses
Maintenance of agricultural drainage systems and fences	*	*	P	C	P
Raising of crops	*	*	P	P	P	§ 275-37C(2)(e)
Raising of wild crops	*	*	P	P	P
Residential Uses
Single-family detached dwellings	*	*	P	*	*	§ 275-37D(3)(c)
Commercial Uses
Commercial sports complex	*	*	*	*	*	§ 275-36D(5)
Mobile tower facilities	C					§ 275-41C(16)
Outdoor storage	A	*	*	*	*	§ 275-41C(10)
Office Uses
Business offices	A	A	*	*	*
Manufacturing/Industrial Uses
Asphalt and ready-mix plants as an accessory to active quarrying operations	C	*	*	*	*	§ 275-41F
Excavation	C	*	*	*	*
Mineral extraction	C	*	*	*	*	§ 275-41F
Mineral processing as an accessory to active quarrying operations	C	*	*	*	*	§ 275-41F
Mineral storage as an accessory to active quarrying operations	C	*	*	*	*	§ 275-41F
Peat and soil removal	C	*	*	*	*	§ 275-41F
Quarrying	C	*	*	*	*	§ 275-41F
Weigh scales	A	*	*	*	*
Institutional/Public/Semipublic Uses
Essential services	A	A	A	A	A
Landfill	*	C	*	*	*	§ 275-41G(4)
Municipal water and sewer services	C	*	C	C	*
Natural stormwater management	A	A	A	A	A
Permanent open space	P	P	P	P	P
Piers and docks	*	*	C	C	*
Railroads	*	*	C	C	*
Recreational trails	P	P	P	P	P
Repair or maintenance of local, state, or federal roads or bridges	*	*	P	P	*
Roadways	A	*	C	C	*
Utilities	P	P	P	P	P
Miscellaneous Uses
Forest and game management	*	*	P	*	C
Hunting and fishing clubs	*	*	C	C	P
Natural resource conservation and preservation uses	*	*	P	P	P
Off-street parking and loading areas	A	A	*	*	*	§ 275-57
Planting of native plants	P	P	P	P	P
Removal or mowing of nonnative wetland or prairie plants	*	*	P	P	C
Silviculture	P	P	P	P	P	§ 275-54 and § 275-54.1
Stormwater management	*	*	C	*	C
Structures and lands used as designated in a reuse plan	*	C	*	*	C
Wetland maintenance	*	*	P	P	C
Wildlife management structures	*	*	P	P	C
Any other use the Plan Commission finds will be similar in nature, operation and function to the uses allowed within the district						§ 275-37C(3)

LEGEND
P	Principal Use
C	Conditional Use
A	Accessory Use
T	Temporary Use
*	Prohibited Use

[Amended 10-9-2018 by Ord. No. 2607]

Table 275-37-2
	Minimum Lot Dimensions		Minimum Setbacks (feet)
District	Lot Area (acres)	Lot Width (feet)	Front	Side (each side)	Rear	OHWM	Wetland	Maximum Height (feet)
Q-1	3	250	See additional requirements below					70
L-1	20	660	See additional requirements below					45
C-1	See additional requirements below		40	25	40	75	30	35

Additional requirements:

(1)

Setbacks in the Q-1 District shall be as follows:

(a)

No quarrying activities, crushing or washing operation or material stockpile shall be located closer than 200 feet to the base setback line or a property line, unless the Plan Commission has approved a lesser setback as part of an approved restoration plan.

(b)

No building or parking area shall be located closer than 50 feet to the base setback line or a property line, unless the Plan Commission has approved a lesser setback as part of an approved restoration plan.

(c)

No quarrying activity, crushing or washing operation, material stockpile, building, or parking area shall be located closer than 50 feet to the ordinary high-water mark of any navigable body of water.

(d)

The Plan Commission may waive the setback requirements from side and rear lot lines when a quarry abuts another quarry and when:

[1]

A signed agreement has been presented to the Plan Commission requesting said waiver, bearing the signature of all property owners involved.

[2]

The restoration plan of the quarry has been revised to provide for the additional areas to be quarried, and the Plan Commission has approved said revision.

(2)

Setbacks in the L-1 District shall be as follows:

(a)

No landfill operation shall be located closer than 150 feet to the base setback line or a property line.

(b)

No building or parking area shall be located closer than 50 feet to the base setback line or a property line.

(c)

No landfill operation, building, or parking area shall be located closer than 300 feet from the ordinary high-water mark of any navigable river or stream or 1,000 feet from the ordinary high-water mark of a lake, pond, or flowage.

(d)

Landfill operations shall comply with the setback requirements set forth in Ch. NR 504, Wis. Adm. Code.

(3)

Conservation standards.

(a)

Where a property is proposed to be further subdivided, and a lot is located partially within a C-1 or C-2 District and partially within an adjoining zoning district, that area of the lot or parcel in the C-1 or C-2 District used to meet the lot area requirements of the adjoining zoning district shall be determined in accordance with § 275-44G.

(b)

(Reserved)

(c)

When a lot is entirely zoned C-1, a single-family dwelling may be allowed, subject to the issuance of an administrative use approval permit, provided that:

[1]

The parcel is a minimum of five acres.

[2]

For lots five acres or greater, served with either public sewer service or with an approved off-lot private owner waste treatment system (POWTS), no more than 20,000 square feet of canopy cover can be removed. This shall include the area for the house, driveway, walkways, POWTS, well and accessory uses. POWTS conveyance piping may not cross any public rights-of-way, and the POWTS' treatment itself should be located directly behind the lot or as close to that as practicable.

[3]

For lots five acres or greater with approved on-site POWTS, no more than 25,000 square feet of canopy cover can be removed from a five-acre parcel within the C-1 District. This shall include the area for the house, driveway, walkways, septic field, well and accessory uses.

[4]

The dwelling shall comply with the requirements for the R-1/R-2 District under the conventional subdivision requirements.

[5]

The owner shall ensure that any disturbances of the natural features on the site are kept to a minimum. In identifying the natural resource features, the applicant shall consider the City's Map of Potential Conservation Areas.

[6]

The remainder of the C-1 zoned lands shall be placed into a conservation easement.

(4)

Wetland setback.

(a)

All impervious surfaces shall be set back a minimum of 30 feet. However, where at least one of the following conditions is met, the minimum setback is 10 feet:

[1]

The lot is vacant and is part of a platted residential subdivision that was recorded before October 9, 2001.

[2]

The building permit for the principal structure located on the lot was issued before October 9, 2001.

(b)

Grading may be allowed within the wetland setback upon approval by the Director. The applicant shall demonstrate appropriate erosion control practices as approved by the City and/or the DNR.

(c)

Landscaping may be allowed within the wetland setback upon approval by the Director. The applicant shall demonstrate appropriate erosion control practices as approved by the City and/or the DNR.

(5)

Due to the nature of the C-2 and C-3 Districts, there are no applicable site development standards.

(6)

Primary environmental corridor, secondary environmental corridor and isolated natural resource areas.

(a)

Field-verification of boundaries in the following manner:

[1]

The property owner or his/her agent shall either contract with a private field biologist or submit a completed staking request and application form to the Department of Community Development.

[2]

If a field-staking request is submitted, the owner/agent shall submit a financial assurance, based on the size of the property, as guaranty to the City to ensure that a plat of survey is completed within the required 30 days from the date of the staking. If the plat of survey is not completed and received by the Department of Community Development within the required 30 days from the date of the wetland field-staking, the City will complete the plat of survey and the cash bond will be used to defer any of the costs for the City to contract to complete the required plat of survey. The plat of survey requirements are set forth below. The cash bond shall only be refunded upon receipt of the required plat of survey. The owner of the property shall be held responsible for any additional costs which may be associated with the plat of survey which may exceed the cash bond. The plat of survey cash bond amounts are to be established by separate action from time to time as deemed appropriate.

[a]

The property owner or his/her agent shall have the property boundaries clearly delineated and staked on the site by a Wisconsin registered land surveyor, so that the field biologist can clearly identify the site boundaries.

[b]

Upon receipt of the completed application, the Department of Community Development staff shall forward a written request letter to either the Southeastern Wisconsin Regional Planning Commission (SEWRPC) to schedule the services or their field biologist.

[c]

A representative from SEWRPC will contact the City staff and/or the applicant with the date and time of the field-staking appointment so that the owner/agent can notify the Wisconsin registered land surveyor.

[d]

The property owner/agent shall contact his/her Wisconsin registered land surveyor to prepare a plat of survey of the PEC, SEC and/or INRA. The survey shall be done within five days from the date of the biologist's field staking. The owner/agent shall submit four Wisconsin registered land surveyor signed and certified copies of the plat of survey to the Department of Community Development within 30 days from the date of the biologist's staking.

[e]

If the plat of survey is not completed and received by the Department of Community Development within the required 30 days from the date of the field staking, the City will have the plat of survey completed, and the cash bond shall be used to defer any of the costs for the City to complete the required survey. The owner of the property shall be held responsible for any additional costs associated with the plat of survey that may exceed the cash bond.

[f]

Upon final review and approval of the plat of survey by the field biologist, the owner/agent shall receive the cash bond, except if the City had to contract to complete the plat of survey as stated above.

[3]

The field biologist will field-stake the PEC, SEC and/or INRA by flagging the limits on the subject property.

[4]

[5]

The plat of survey, as certified by a Wisconsin registered land surveyor, shall include, at a minimum, the following information:

[a]

The property boundaries and all structures on the property;

[b]

The location of the PEC, SEC, and/or INRA as staked in the field by the biologist, including a legal description of the area(s);

[c]

A notation of the date when the PEC, SEC, and/or INRA were field-staked and which agency, i.e.: "Wetland boundary as marked by (agency) SEWRPC on (date) August 5, 1996";

[d]

The location of any navigable waterway or other natural features on the site (wetlands, floodplain); and

[e]

Clear notations as to which area(s) are PEC, SEC and/or INRA and the square footage or acreage of each.

[6]

Upon receipt of the survey and report, the City will forward a copy to the SEWRPC for final review and approval.

Wetland registration. All areas currently zoned C-2 Shoreland Wetland Holding Districts and areas identified as wetland on the DNR/SEWRPC Wetland Inventory Maps shall be subject to the wetland registration process.

(1)

All registered wetlands shall be subject to the setbacks and regulations of the C-2 Shoreland Wetland District as set forth in § 275-37 of this chapter.

(2)

The C-2 boundary shall apply unless a wetland registration has been completed/approved.

(3)

(4)

Wetland registration. All permit applicants or petitioners shall field-verify C-2 shoreland wetland boundaries and/or wetlands identified on DNR/SEWRPC Wetland Inventory Maps in the following manner, unless the area has been field-staked by a field biologist and surveyed by a Wisconsin registered land surveyor. Note that the wetland registration is valid for five years from the date of the delineation, unless changes in site conditions warrant a revision of the delineation before the expiration date.

(a)

The property owner or his/her agent shall either contract with a private wetland biologist or submit a completed wetland staking request and application form to the Department of Community Development.

(b)

If a wetland staking request is submitted, the owner/agent shall submit a financial assurance, based on the size of the property, as guaranty to the City to ensure that a plat of survey is completed within the required 30 days from the date of the staking. If the plat of survey is not completed and received by the Department of Community Development within the required 30 days from the date of the wetland field staking, the City will complete the plat of survey, and the cash bond will be used to defer any of the costs for the City to contract to complete the required plat of survey. The plat of survey requirements are set forth below. The cash bond shall only be refunded upon receipt of the required plat of survey. The owner of the property shall be held responsible for any additional costs which may be associated with the plat of survey which may exceed the cash bond. The plat of survey cash bond amounts are to be established by separate action from time to time as deemed appropriate.

[1]

[2]

Upon receipt of the completed application, the Department of Community Development staff shall forward a written request letter to either the Southeastern Wisconsin Regional Planning Commission (SEWRPC), the Wisconsin Department of Natural Resources (DNR) or the United States Army Corps of Engineers (ACOE) to schedule the services of their field biologist.

[3]

A representative from SEWRPC, the DNR or ACOE will contact the City staff and/or the applicant with the date and time of the field-staking appointment so that the owner/agent can notify the Wisconsin registered land surveyor.

[4]

The property owner/agent shall contact his/her Wisconsin registered land surveyor to prepare a plat of survey of the wetlands. The survey shall be done within five days from the date of the biologist's field-staking. The owner/agent shall submit four Wisconsin registered land surveyor signed and certified copies of the plat of survey to the Department of Community Development within 30 days from the date of the biologist's staking.

[5]

If the plat of survey is not completed and received by the Department of Community Development within the required 30 days from the date of the field-staking, the City will have the plat of survey completed, and the cash bond shall be used to defer any of the costs for the City to complete the required survey. The owner of the property shall be held responsible for any additional costs associated with the plat of survey that may exceed the cash bond.

[6]

(c)

The field biologist will field-stake the wetland by flagging the limits of the wetlands on the subject property.

(d)

(e)

The plat of survey, as certified by a Wisconsin registered land surveyor, shall include, at a minimum, the following information:

[1]

The property boundaries and all structures on the property;

[2]

The location of the wetlands as staked in the field by the biologist, including a legal description of the wetland area(s);

[3]

A notation of the date when the wetlands were field staked and which agency, i.e.: "Wetland boundary as marked by (agency) SEWRPC on (date) August 5, 1996";

[4]

The location of any navigable waterway or other natural features on the site (primary or secondary environmental corridor); and

[5]

Clear notations as to which area(s) are wetlands and which areas are uplands and the square footage or acreage of each.

(f)

The applicant shall file a wetland registration application with the City, and the City shall institute the appropriate action to revise City maps.

§ 275-38 (Reserved)

§ 275-39 Special overlay districts.

General purpose and intent. Overlay districts provide for the possibility of superimposing certain additional requirements upon a basic underlying zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the stricter of the conflicting requirements shall apply.

List of districts and specific purpose and applicability statements.

(1)

PUD Planned Unit Development Overlay District.

(a)

Purpose.

[1]

The purpose of this section is to provide for a greater variety and choice of design and layout for suburban living; to gain greater efficiencies; to coordinate design development efforts; to conserve and make available open space; to utilize new technologies to urban development; and to gain flexibility over conventional land development control regulations.

[2]

This section should not be used as a device for circumventing the City's land control regulations. Further, this section shall not be used to put undue or unfair constraints on a landowner or developer. The PUD Planned Unit Development Overlay District under this chapter will allow for flexibility of overall development design and layout with benefits to be derived by both the developer and the community.

[3]

A PUD Overlay District may be used where the underlying zoning district is too narrow in scope for a particular property or project. Elements, standards, or whole sections from other zoning districts may be used to supplement the basic underlying use district to create a mixed-use zoning district.

[4]

A PUD Overlay District may also be used where the underlying basic use district may be too broad in scope and may need to be focused to be compatible with surrounding development or with surrounding environmental conditions.

[5]

Development approved under the PUD Overlay District regulations is intended to provide a safe and efficient system for pedestrian and vehicular traffic; to provide attractive recreation and open spaces as integral parts of development; to enable economic design in the location of public or private utilities and community facilities; to utilize new development technologies; and to ensure adequate standards of construction and planning. There shall be equal application of all regulations to land within the same PUD Overlay District or subdistrict.

[6]

Developments that include design features described as "traditional neighborhood development" in § 66.1027(1)(c), Wis. Stats., may be considered for approval at locations determined appropriate by the Plan Commission under this section, including appropriate conditions.

[a]

A document identified as "A Model Ordinance for Traditional Neighborhood Development," dated December, 2000, published by the University of Wisconsin Extension pursuant to § 66.1027(2), Wis. Stats., shall serve as a nonexclusive guidebook to assist in further defining the various aspects of this form of urban design, along with such other sources of guidance the Plan Commission and local governing body may choose to consult.

[7]

Not to be used solely for a single-family residential development.

(b)

Scope.

[1]

In order to permit sufficient range for creative design; potential for mixed-use developments; and to prevent the PUD Overlay District from being used for illegal spot zoning purposes, areas placed in the PUD Overlay District shall contain a minimum development area of five acres, except in the following cases:

[a]

Where the City defines an area as infill development, the minimum development area may be reduced to three acres with Plan Commission or Community Development Authority and Common Council approval; or

[b]

If the parcel abuts the major arterials of National Avenue, Greenfield Avenue or Moorland Road, the minimum development area may be reduced to one acre.

[2]

Subdistricts within a single PUD Overlay District specifically outlined in the PUD rezoning petition shall not be limited as to size.

(c)

Procedure. The procedure for implementing a PUD is detailed in § 275-23.

(2)

SPO Special Plan Overlay District.

(a)

Purpose. The SPO Special Plan Overlay District may be applied in areas where specific regulations, design guidelines, and other recommendations have been created through the development of a planning document specific to various areas throughout New Berlin.

(b)

Applicability. The SPO Special Plan Overlay District may be applied to any area in the City of New Berlin where plans, including but not limited to commercial center plans, corridor plans, neighborhood plans, focus area plans, etc., have been developed and include specific guidelines and regulations that should be addressed in addition to any regulations imposed by the underlying zoning district.

(3)

(Reserved)[1]

[1]

Editor’s Note: Former Subsection B(3), WHP Wellhead Protection Overlay District, was repealed 4-22-2014 by Ord. No. 2522.

(Reserved)[2]

[2]

Editor's Note: Former Subsection C, regarding uses allowed in the special districts, as amended, was repealed 8-24-2021 by Ord. No. 2652.

Site development standards.

(1)

PUD site development standards.

(a)

Minimum area requirements.

[1]

Land divisions and subdivisions shall meet the minimum lot area and width requirements of the underlying basic use district unless the PUD ordinance specifies other lot area and width requirements.

[2]

If a project or development is approved as a joint application with the PUD rezoning, and that specific project is specifically named in the PUD ordinance, the approved PUD project plan shall be used to determine appropriate lot area and width requirements.

(b)

Setback and yards.

[1]

The district yard requirements of the underlying basic use district shall be complied with unless the PUD ordinance specifies other yard requirements.

[2]

If a project or development is approved as a joint application with the PUD rezoning, and that specific project is specifically named in the PUD ordinance, the approved building locations and setbacks shown on the PUD project plan shall be used to determine building locations and setbacks.

(c)

Building height and area.

[1]

The building height and area requirements of the underlying basic use district shall be complied with unless the PUD ordinance specifies other building height and area requirements.

[2]

If a project or development is approved as a joint application with the PUD rezoning, and that specific project is specifically named in the PUD ordinance, the approved building height and area requirements shown on the PUD project plan shall be used to determine building height and area requirements.

(2)

SPO site development standards.

(a)

Due to the nature of the SPO District, the site development standards of the underlying zoning district and relevant plans shall apply.

(b)

In cases where there are multiple standards in this chapter and any relevant plans, the most-restrictive standards shall apply.

(3)

(Reserved)[3]

[3]

Editor’s Note: Former Subsection D(3), WHP site development standards, was repealed 4-22-2014 by Ord. No. 2522.

Planned Unit Development Districts and Special Plan Overlay Districts and requirements. The actual text descriptions along with the full ordinance will be available on file in the Clerk's office. Each section below provides a summary of the ordinance in order to provide information to potential applicants.

SPO No. 1: the New Berlin Industrial Park Redevelopment Plan - Ordinance No. 2294.

[Amended 10-9-2018 by Ord. No. 2607]

(1)

Architectural building standards.

(a)

Building criteria.

[1]

All new buildings constructed in the industrial park shall follow the design guidelines outlined below.

[2]

Any building addition that faces the public right-of-way, or can be seen from the public right-of-way, must follow the design guidelines.

[3]

If an addition faces the public right-of-way, or can be seen from the public right-of-way, the facade of the existing structure facing the right-of-way must be improved to the design guidelines.

[4]

The CDA will be responsible to review all new construction projects in the NBIP, not the City Plan Commission. If an addition or parking lot expansion has a footprint of less than 20,000 square feet, the City of New Berlin staff will review the proposed project (not the CDA) and issue the zoning and building permit.

[5]

Any additions, regardless of size or location, will require the site and landscaping to be improved to the new standards.

(b)

Design requirements.

[1]

The exterior design of the building shall not be such an unorthodox or abnormal character, in relation to its surrounding environment, as to be unsightly or offensive to the generally accepted taste of the community.

[2]

The exterior design of the building may not be identical with adjacent buildings.

[3]

All buildings shall incorporate the design principles of composition, detail, proportion, rhythm and scale. The visual continuity of the building facade and its contributing elements (piers, banding, parapets, coping, cornices, etc.) shall be maintained along the entire exterior envelope in both new development and remodeled or altered facilities.

[4]

No building facade may extend longer than 40 feet without the use of piers, or building setbacks, to break up the monotonous length of wall.

[5]

Overhead docks and doors of additions and new facilities may face the public street or right-of-way if the truck and cab, when parked, do not encroach into the right-of-way.

[6]

All dumpsters must be screened from the public view using building elements and materials that complement the building or approved landscaping. Wooden fenced screening is permissible as well as chain-link fencing with a nonclear vinyl-coated slating.

[7]

All pad-mounted equipment, including HVAC and electrical transformers, must be screened with either landscaping or building elements that complement the building. Wooden fenced screening is permissible as well as chain-link fencing with a nonclear vinyl-coated slating.

[8]

All new rooftop equipment requiring a zoning permit must be screened from view if the equipment can be seen from the center line of the public right-of-way in the front of the property, or placed in an area of the building as not to be seen. Rooftop screening must be compatible and complementary to the building's architecture.

(c)

GIS map. Chapter 275, the City of New Berlin Zoning Ordinance, determines the allowable lot coverage for all parcels throughout the City. The NBIP's zoning district is both M-1 and M-2. The current code requires a side setback of 15 feet on each side. The recommendation of this report is to revert back to the original declaration of restrictions for the industrial park, written in 1965. This allows for a building to be constructed 10 feet from the side property line, but the total of the two side setbacks shall not be less than 30 feet. The following chart outlines the minimum requirements and maximum coverage for each site. All other zoning districts in the "park" shall follow the established standards set forth in Chapter 275 of the City's Municipal Code.

[Amended 4-25-2023 by Ord. No. 2668]

[1]

Side on corner lots. Structures on corner lots shall provide a front setback as required by this chapter on the street that the structure faces. A second front yard shall be provided on the side of the structure abutting a second public or private street. Staff may administratively approve reductions to the front setbacks for the side on corner, up to 25%.

Table 275-39-2
Minimum Setbacks (feet)
District	Front	Side (1 Side)	Total Side	Rear	Shore	Wetland	Maximum Height (feet)
M-1 SPO	50	10	30	25	50	10	45
M-2 SPO	50	10	30	25	50	10	60

Table 275-39-3
Lot Coverage (percent)
District	Maximum Coverage by Buildings	Maximum Coverage by Impervious Surfaces	Minimum Coverage by Open Space and Landscaping
M-1 SPO	50%	75%	25%
M-2 SPO	50%	75%	25%

(d)

Materials. The following is a list of approved exterior materials and finishes that are recommended to be incorporated into each project:

[Added 6-11-2019 by Ord. No. 2620]

[1]

Masonry. Plain exposed concrete block (including painted block) may only be used as an accent material or band and may not be used on more than 20% of each exterior facade. Accepted materials are:

[a]

Architectural concrete masonry units (split-faced, scored, etc.).

Face brick.

Stone.

Cast stone.

Tile.

Concrete. The use of concrete as an exterior finish will require detailing to include textures, patterns and reveals to prevent large expanses of monotonous, monolithic walls.

[a]

Accepted materials are:

[i]

Cast-in-place concrete with architectural finish.

[ii]

Recast concrete with architectural finish.

[b]

Architectural finishes may be one of the following:

[i]

Exposed aggregate.

[ii]

Brick, stone or architectural CMU set in the panel.

[iii]

Scored and reveal accent bands.

[iv]

Sandblasted surfaces.

[v]

Painted or stained surfaces.

[3]

Windows/glass. The use of glazing systems, including spandrel panels, should be considered as a means to introduce color, texture, pattern and detail. Any facade facing the public right-of-way must include windows as a design element.

[a]

Accepted window systems are:

[i]

Wood framed doors, windows and skylights.

[ii]

Wood-clad framed doors, windows and skylights.

[iii]

Aluminum framed doors, windows and skylights.

[iv]

Aluminum framed glass storefronts and curtain walls.

[b]

Glass may be any of the following but must be integrated throughout the entire building:

Clear.

Tinted.

Reflective.

Metal. An architectural metal may be used as a primary building material. Corrugated wall panels may not be used. The gauge of the metal, color and the profile must be submitted to the CDA for approval. All metal is to be installed with a corrosion-resistant finish and a gauge heavy enough to prevent buckling or "oil-canning." In addition to the use of an architectural metal panel as a primary material, it is also an acceptable use as:

[a]

Copings, fascias and soffits.

[b]

Column covers and spandrel panels.

[c]

Exposed structural elements.

[d]

Rooftop equipment screening.

[e]

Canopies.

[5]

Exterior insulation finishing systems (EIFS). Exterior insulation finishing systems may only be used as accent material and may not be used as the predominant or primary building material or along the base of the building. Accepted uses of EIFS are:

[a]

Copings, fascias and soffits.

[b]

Column covers and spandrel panels.

[c]

Accent banding.

[6]

Architectural lighting. The use of architectural lighting of building elevations is encouraged to create nighttime identity and character. All exterior lighting shall utilize indirect or hidden lighting sources. Acceptable lighting features include:

[a]

Wall washing.

[b]

Overhead down lighting.

[c]

Ground-mounted up lighting directed at the building.

(2)

Landscape standards. Landscaping within the industrial park is to be upgraded and maintained to create a uniform park/campus environment. While individual project identity is important and should be maintained through creative design, the goal is to relate each project to its immediately adjacent neighbors.

[Added 6-11-2019 by Ord. No. 2620]

(a)

Design guidelines. The following are minimum landscape requirements that will serve as a quantifiable minimum design standard. Plant quantities listed here are minimum standards, and additional plantings are encouraged.

[1]

Landscaping along common property lines or common driveways must be coordinated with adjacent property owners.

[2]

The landscape plan should provide for seasonal color and the use of flowers and shrubs at the entrance and signage locations.

[3]

All open areas not occupied by buildings, parking or storage shall be seeded and protected from soil erosion and maintained with grass.

[4]

All planting beds shall include organic mulch ground cover. Planting materials must comprise no less than 50% of the bed.

[5]

Slopes and berms steeper than one vertical foot for every three feet horizontal shall not be permitted.

[6]

On-site grades must meet existing streetscape grades.

[7]

The landscape design should enhance and complement the architecture and buffer mechanical, electrical and building equipment located along the premises.

[8]

The applicant is required to post a fiscal security, either by bond, certificate of deposit or letter of credit, in the amount of value of the landscape improvements. Should the City need to provide services or materials for full compliance of the approved plans, the applicant will forfeit the entire fiscal security.

[9]

A landscape designer (provided by the applicant) shall inspect and provide the City a signed letter of compliance after the installation of all landscape improvements. Upon City agreement with the letter, the fiscal security will be returned.

[10]

Landscape irrigation systems are not required to be installed.

[11]

A reoccupancy permit, internal facility remodeling, or parking lot repair and maintenance do not require the implementation of these requirements. Only a building or parking lot expansion will prompt the requirements to be enforced.

(b)

Landscape requirements.

[1]

There shall be at least one tree and three shrubs for every 3,600 square feet of lot area covered by open space. The landscaping required for the perimeter of the lot (not the parking lot) may be credited toward these requirements.

[2]

There shall be one tree for every 40 feet of distance along the front of the lot. One-third of these trees shall be evergreens with a minimum height of eight feet. This does not include parking lot requirements.

[3]

The front yard shall include one shrub for every 10 feet of road frontage.

[4]

50% of all evergreen trees planted are to be a minimum of eight feet tall; the remainder shall not be less than six feet tall.

[5]

60% of all landscaping shall be located in the front yard.

[6]

If bioretention swales are utilized, the landscaping planted as part of the swale will account for, or be credited toward, 90% of the required landscaping of the front and side yards.

(c)

Parking lot landscape requirements. All parking lots with 20 or more parking spaces shall comply with these minimum requirements. Parking lot landscaping shall be evaluated on a case-by-case basis to allow for unobstructed site lines to the property.

[1]

The perimeter of the parking lot shall include one shade tree or evergreen tree per 20 linear feet of parking surface along and parallel to a public street.

[2]

Perimeter parking along the side lot line shall include one shade tree or evergreen tree per 30 linear feet.

[3]

If landscape islands are utilized, they shall be at least 200 square feet in size, with the narrowest dimension being 10 feet. Landscape islands are not required.

(d)

Landscape material plant list. Please reference the preferred plant list on file with the City Forester for a list of approved plants.

(3)

Exterior lighting. The design objectives of exterior lighting are to provide security, identity, and reinforce the architectural character of the building. Light "pollution" to the neighboring properties shall be minimized through these standards.

[Added 6-11-2019 by Ord. No. 2620]

(a)

The maximum illumination level shall be 0.5 footcandle, measured at the property line, at a height of four feet.

(b)

Flashing, traveling, intermittent and animated lighting will not be allowed.

(c)

All fixtures shall be fully shielded luminaries with cut-off-type optics, with flat clear lenses and no refractorizing elements. The light shall be totally concealed when viewed at an angle of 75° from the horizontal plane.

(d)

All fixtures and poles are to be finished with a noncorrosive material, black in color. Bases may be of the same material or natural concrete.

(e)

The height of any exterior pole-mounted fixture, including the base, may not exceed 35 feet.

(f)

Walkways to the building should be illuminated to clearly identify entry points and pedestrian walkways.

(g)

Pedestrian lighting shall utilize warm-white halogen or metal halide lamps.

(h)

See Subsection F(1)(d)[6] for architectural lighting guidelines.

City Center Planned Unit Development Overly District, Ordinance No. 2486. Copy is available on file with the City of New Berlin.

All other PUD ordinances are on file with the City of New Berlin.