Zoning, building permits and septic rules in Village of New Berlin, Illinois

Village of New Berlin’s own rules

• Building permitRequired

  Construction, enlargement, alteration or repair of structures, fences and swimming pools inside New Berlin village

  • Exemptions listed in 6-5-5(b) include partitions not over five feet high, painting, papering, window replacement and similar finish work; the full list was not captured.
  • Construction may proceed after the permit is issued.

  “6-5-5 general provisions. (a) no structure, fence, or swimming pool in the village shall be constructed, enlarged, altered or repaired without a permit being issued by the building administrator.”

• Building code adoptedAdopted (with conditions)

  Plumbing work inside New Berlin village

  • Adopts the 1993 Illinois State Plumbing Code as amended from time to time.

  “the illinois state plumbing code 1993 ("ispc"), promulgated pursuant to authority granted by the illinois plumbing license law, as amended from time to time, is hereby adopted and incorporated herein by reference”

  One more reviewed finding on this topic

  • Partial — Detached one- and two-family dwellings and one-family townhouses (not over three stories) and their accessory structures inside New Berlin village

    “the irc shall control all matters concerning construction, prefabrication, alteration, repair, use, occupancy, and maintenance of detached one or two family dwellings and one family townhouses not more than three (3) stories in height, and their accessory structures.”

• InspectionsLimited

  Building inspections for work inside New Berlin village

  • The village does not itself perform building inspections under the code; the chapter does not name a different inspecting body in the text captured.

  “the village shall not itself perform any building inspections or issue occupancy permits as set forth in the ibc and irc.”

• Certificate of occupancyLimited

  Certificates of occupancy for buildings inside New Berlin village

  • The village does not issue occupancy permits under the code as captured; whether another body issues certificates of occupancy was not found.

  “the village shall not itself perform any building inspections or issue occupancy permits as set forth in the ibc and irc.”

• Local zoningPresent (with conditions)

  Land inside New Berlin village corporate limits: village zoning code (chapter 40) adopted by the village

  • Section 40-1-5(a) states the zoning districts apply to the village and to the area extending 1.5 miles beyond its corporate limits; the extraterritorial reach is not analysed here.
  • Zoning map is referenced in 40-1-5(b) but was not opened.

  “40-1-1 purpose. this zoning code has been prepared in accordance with a comprehensive plan and is adopted in order to protect and to promote adequate light”

• Zoning districtsPartial

  Zoning districts inside New Berlin village limits

  • The code names the districts (agricultural, residential r and r-3, multiple family, mobile homes m-h, commercial c, industrial i) and says the boundaries are shown on a zoning map.
  • The zoning map itself was not located or opened, so district boundaries are not verified.

  “40-1-5 districts. (a) the districts into which the village, together with the area which extends one and one-half (1 1/2) miles beyond the corporate limits of said village, is divided by the zoning code, shall be designated as follows:”

• Minimum lot sizeSpecified

  Agricultural ("a") zone inside New Berlin village

  • Lots used for animal agriculture need at least 20 acres and 400 feet of width.
  • Lots mapped as agricultural before the chapter's effective date that do not meet 2.5 acres may continue for agriculture and single-family dwellings.

  minimum lot area: >= 2.5 acres (20 acres for animal agriculture) · minimum lot width: >= 80 feet (400 feet for animal agriculture)

  “each lot shall have a lot area of not less than two and one-half (2.5) acres and shall not be less than eighty (80) feet in width. lots used for animal agriculture shall have a lot area of not less than twenty (20) acres and shall be not less than four hundred (400) feet in width.”

  One more reviewed finding on this topic

  • Specified — Main single-family residential district ("r" and "r-3" districts) inside New Berlin village

    “40-2-6 required lot area. lot area shall be not less than seven thousand five hundred (7,500) square feet and lot width not less than seventy-five (75) feet in the "r" and "r-3" districts.”

• SetbacksSpecified

  Main single-family residential district ("r" and "r-3" districts) inside New Berlin village

  • Front yard applies to residence, garage and accessory buildings; in platted additions new improvements must match the existing setback line.
  • Rear yard depth is stated in 40-2-8(c) but the captured text was cut off; the figure is not quoted here, so verify before use.
  • Setbacks for the agricultural district were not captured.

  front yard depth: >= 25 feet (existing platted setback line may control) · side yard width: >= 10 feet (lots platted under 50 feet wide: 3 feet)

  “(b) each side yard width. ten (10) feet provided, however, that lots presently platted of a width of less than fifty (50) feet shall have side yards of at least three (3) feet.”

• Lot coverageSpecified

  "r" residential district inside New Berlin village (not the r-3 district)

  • Limit includes accessory buildings; does not apply in the r-3 district.

  maximum lot coverage: <= 35 percent (r-3 district exempt)

  “40-2-7 percentage of lot coverage. all buildings, including accessory buildings, shall not cover more than thirty-five percent (35%) of the area of the lot, presently or hereafter platted, in the "r" district. this limitation does not apply in the "r-3" district.”

• Building heightSpecified

  Agricultural ("a") zone inside New Berlin village, residential dwellings

  • Applies to residential dwellings; agricultural buildings have a separate rule in section 40-3-3 not captured.

  maximum residential dwelling height: <= 35 feet

  “40-3-3 height regulation. no residential dwelling in the a zone shall exceed thirty-five (35) feet in height.”

  One more reviewed finding on this topic

  • Specified — "r" and "r-3" residential districts inside New Berlin village

    “40-2-5 building height limit. no building shall be erected to a height in excess of thirty-five (35) feet in the "r" and "r-3" districts.”

• Mandatory utility hookupConditional

  New homes inside New Berlin village corporate limits seeking village water or sewer service

  • Outside the corporate limits, new properties may not connect unless adjacent to the water transmission line.
  • The captured text does not contain a mandatory-connection requirement for properties inside the limits; a separate rule was not searched.
  • Connection requires a tap application and fees under chapter 38, article III.

  “38-2-7 new customers. except for those properties located adjacent to the water transmission line, no new properties shall be connected to the village's water or sewer system unless such properties are located within the corporate limits.”

• Permit feesPublished (with conditions)

  Building permit and inspection fees inside New Berlin village

  • Fee table adopted by ord. no. 16-09 (08-17-16) per the section history; check for later amendments.
  • Re-inspection fees are payable before re-inspection; building permit fee is nonrefundable once work begins.

  building permit fee, cost of construction $1 to $10,000: 25 USD · building permit fee, cost of construction $10,001 to $50,000: 50 USD · building permit fee, cost of construction $50,001 to $100,000: 100 USD · building permit fee, cost of construction $100,001 or more: 200 USD · inspection fee per initial inspection: 25 USD (plus re-inspection fee if re-inspection is necessary) · demolition permit fee: 25 USD

  “in addition to these fees, there will be an inspection fee of twenty-five dollars ($25.00) for each initial inspection, and if re-inspection is necessary, for each re-inspection.”

• Permit processPartial

  Building permit applications at New Berlin village

  • Application is on a form from the building administrator with a site plan and fee.
  • Denials must be in writing with reasons; applicant may resubmit within 30 days without new fees.
  • Appeals go to the zoning board of appeals within 30 days.

  permit review time: 5 working days

  “upon receipt of the application for building permit, the building administrator shall perform a site plan review and a plan review and shall issue or deny the permit within five (5) working days.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Village of New Berlin or Sangamon County directly.

• Owner-builder exemption — Owner-builder construction inside New Berlin village
• Minimum dwelling size — Minimum dwelling size inside New Berlin village
• Living in an RV — Long-term RV occupancy on private land inside New Berlin village
• Camping on your land — Temporary camping on private land inside New Berlin village
• Tiny homes — Tiny-home occupancy inside New Berlin village

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.