City of New Berlin, WI Article VI Measurements

§ 275-44 Lot measurement and requirements.

[Amended 10-13-2020 by Ord. No. 2642]

A. Measurement of lot area. The lot area is the total area within the lot lines of a lot, excluding any street right-of-way or ultimate right-of-way in all districts.

B. Percentages and fractions. When a measurement results in a fractional number or percentage, any fraction of 1/2 or less shall be rounded down to the next lower whole number, and any fraction of more than 1/2 shall be rounded up to the next higher whole number. Any percentage of 0.5% or greater shall be rounded up to the next higher whole number, and any percentage less than 0.5% shall be rounded down to the next lower whole number.

C. Dimensions.

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

D. Lot types.

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

E. Zero-lot-line residential development. Zero-lot-line residential developments (see Figure VI-2) may be permitted in the Rd-1 and Rm-1 Districts where the following provisions are met:

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

(1) Lot area and width. Lots shall have a minimum area of 6,200 square feet and shall not be less than 50 feet in width with one dwelling unit per lot.

(2) Setback and yards.

(a) There shall be a minimum setback of 50 feet from the right-of-way of all public streets or from private drives. There shall be a side yard requirement on one side of a building of not less than 15 feet. The dwelling unit shall be placed on one side property line with a zero-foot side yard. The minimum distance between buildings shall be 30 feet. There shall be a rear yard of not less than 15 feet for all lots unless the Plan Commission permits the rear lot line to be a second zero lot line.

(b) All buildings shall be a minimum of 50 feet from an adjacent single-family lot line in a single-family residential district.

(3) Other requirements.

(a) Buildings constructed shall be of the row (party wall) dwelling type and shall consist of a row of attached dwelling units.

(b) Each dwelling unit shall have separate utility connections. Attached dwellings may have one sanitary and stormwater lateral run and two separate water meters.

F. Lots of record. An existing legal lot that contains less area than the lot requirements of this chapter may be used as a building site, provided that the proposed use is allowed in the zoning district.

(1) Minimum lot size requirements shown in the zoning districts apply to the creation of new lots and do not affect existing legally created lots or parcels, provided that the lot is a lot of record in the Waukesha County Register of Deeds' office prior to the effective date of this chapter.

(2) Vacant buildable lots of record can be used as a building site, provided that the use is allowed in the zoning district and the lot has frontage on and access to a public street. If an existing structure on a lot of record were to be damaged or destroyed, it would be allowed to be rebuilt in accordance with the Building Code and these Zoning Regulations.

(3) New building permits issued under this section shall be required to meet the setback and other yard requirements of this chapter. A building proposed with lesser dimensions and requisites than those stated in the code shall be issued a building permit only after a variance by the Board of Appeals.

(4) If two or more lots with continuous frontage, one or more of which contains less land area or width than required by this chapter, have the same ownership as of the effective date of this chapter, the lots involved may be considered to be an individual parcel for the purpose of this chapter. If a permanent shared driveway easement is used to achieve access to either parcel, said property owners shall be required to enter into a recordable document prohibiting the sale of either property independent of the other. Said restrictions shall be confirmed through a deed restriction recorded as to both parcels and said restriction may not be amended without the consensus/approval of the City.

(5) If two or more adjoining lots with the same ownership are used or built on as one parcel, then the individual lots may not be considered separate until all buildings, utilities, and appurtenant structures are removed, vacated, or set back in accordance with the standards of this chapter.

(6) If two adjoining lots, where only one may have frontage and/or access to a public ROW, and both are considered legal lots of record, both lots may be developed into one home site each but both parcels shall have a deed restriction recorded against them for a permanent driveway access and this access easement shall not be removed without consensus/approval of the City.

G. Where a lot is located partially within a C-1 or C-2 District and/or is subject to a conservation easement and partially within another district, that portion of the lot within the C-1 or C-2 District may be used to meet the minimum area requirements of the adjoining use district, provided that the area within the C-1 or C-2 District is reduced by an amount computed using the adjusted tract acreage approach as described under § 275-33G(2). The adjusted tract acreage shall not apply to land divisions (CSMs). A conservation easement shall be used to protect the C-1, C-2 or conservation area.

§ 275-45 Height measurement and requirements.

[Amended 10-13-2020 by Ord. No. 2642]

A. Measurement of height. The "height of a structure" shall mean the vertical distance from the average grade adjoining the walls of the structure to the average of the highest points of the roof surface of a flat roof, or to the deckline of a mansard roof, or the mean height level between eaves and ridge for a gable, hip or gambrel roof.

B. Exemptions and exceptions to height regulations. The district height limitations set forth elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following standards, subject to Plan Commission approval:

(1) Exemptions. The following uses and structures are exempt from the height limitations of this chapter:

(a) Architectural projections. Architectural projections which are integral to a principal structure, such as spires, steeples, belfries, parapet walls, cupolas, domes, flues, and chimneys.

(b) Special structures. Special structures, such as elevator penthouses, gas tanks, grain elevators, observation towers, scenery lofts, heating and air-conditioning equipment and necessary mechanical appurtenances, cooling towers, fire towers, ornamental towers, substations, and smokestacks.

(c) Essential services. Essential services, such as utilities, water towers, electric power and communication transmission lines.

(d) Solar collectors. Solar collectors and wind energy conversion systems (windmills), provided that they shall not exceed a height equal to their distance to the nearest lot line.

(e) Utilities, as defined in § 275-70.

(2) Communication structures. The height of telecommunications structures is regulated in § 275-41C(16).

(3) Agricultural structures. Agricultural structures, such as barns, silos, and windmills, may exceed a height of 35 feet, provided that all required yards are increased not less than one foot for each additional foot the structure exceeds 35 feet.

§ 275-46 Yard/setback measurement and requirements.

[Amended 9-23-2014 by Ord. No. 2529; 10-13-2020 by Ord. No. 2642; 4-25-2023 by Ord. No. 2668]

A. Measurement of a setback.

(1) 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. The second front yard is referred to as the "side on corner." The setbacks on each street shall be the same distance. The remaining yards shall be a side yard and a rear yard. The functional rear of the house shall face the rear yard, which shall be opposite of the front yard. Staff may administratively approve reductions to the front setbacks for the side on corner up to 25% on lots less than 100 feet in width.

(2) Double-frontage lots. Structures on lots abutting two opposite streets shall be provided with a front setback and a rear setback. The Director or a designee shall select where the front setback shall be applied and where the rear setback shall be applied in a manner that prohibits access to a double-frontage lot from two arterial streets. The selected front setback area shall be required to comply with the front setback requirements for the district in which the lot is located. The selected rear setback area shall be required to comply with the rear setback requirements for the district in which the lot is located, and the rear setback area shall be screened from arterial streets with fencing or landscaping, as may be appropriate. Accessory structures may be placed in the designated rear setback area but shall be located no closer to the street right-of-way than the required setback for accessory structures. For purposes of selecting the front yard, the architectural front of the structure shall be designated as the front yard.

(3) Side-entry garage setback. When a garage is proposed with an entry facing an interior lot line, the garage shall be set back a minimum of 30 feet from the lot line opposite the garage door to provide for adequate maneuvering space. The setback shall be measured perpendicular from the edge closest to the street of each garage door opening. There shall be a twenty-four-foot access radius in and out of the garage door.

B. Measurement of a yard.

C. Average front setback. For new structures, additions to existing structures or accessory structures, the required front setback may, with Plan Commission approval, be decreased in any residential or business districts to the average of the existing front setbacks of the abutting structures on each side but in no case less than 15 feet in any residential district and five feet in any business district.

D. Exemptions and exceptions to yard and setback requirements. The district yard and setback requirements set forth elsewhere in this chapter may be modified, but such modification shall be in accord with the following standards, subject to Plan Commission approval:

(1) Exemptions. The following uses and structures are exempt from the yard and setback limitations of this chapter:

(a) Essential services. Essential services, such as utilities, electric power and communication transmission lines.

(b) Landscaping and vegetation. Landscaping and vegetation shall comply with the vision triangle requirements set forth in this chapter.

(c) Building connections. For nonresidential uses, building interconnections between buildings and adjacent parcels for shared or common operations shall not be considered for setback purposes.

(2) Architectural projections. Architectural projections, limited to eaves and wing walls, if the building is constructed to the full permitted building width or depth, may project into any yard, but such projection shall not exceed three feet.

(3) Attached accessory uses. Uncovered stairs, decks sized for entry purposes only, stoops, landings, fire escapes, gutters, decks and awnings may project into any yard but not to exceed six feet and not closer than five feet to any lot line.

(4) Vision clearance triangle. No obstructions, such as structures, parking, landscaping or vegetation, shall be permitted in any district between the heights of three feet and 10 feet above the plane through the mean curb grades within the triangular space formed by any two intersecting right-of-way lines and a line joining those points.

(a) Intersection of local streets. The corner cutoff distances establishing the vision triangle clearance space shall be 30 feet.

(b) Intersection with arterial streets. In the case of arterial streets, one or more of which has an established right-of-way of 80 feet or more, intersecting with any other street, the corner cutoff distances establishing the vision triangle clearance space shall be 60 feet.

(c) Intersection with a railway. In the case of a railway intersecting with a street, the corner cutoff distances establishing the vision triangle clearance space shall be 120 feet.