Mahwah City Zoning Code
§ 24-3.2
Lot Regulations.
[Amended 10-15-2020 by Ord. No. 1916; 3-10-2022 by Ord. No. 1958]
Editor's Note: Schedules are included as attachments to this chapter.
a.
Existing Zone Lots of Record.
1.
In any residential zone, only a one-family dwelling may be erected on a nonconforming zone lot of official record at the effective date of this chapter, irrespective of its area or width; provided, however, that no adjacent or adjoining vacant land exists or existed at the time of the effective date of this chapter which would create a "conforming" lot if all or part of the vacant land were combined with subject lot. No lot or lots in single ownership hereafter shall be reduced so as to create one (1) or more nonconforming lots.
2.
Notwithstanding any other Township Land Use Regulations, the owner of a lot in the C200 zone which lot is non-conforming as to the area, width and/or depth may construct or alter a single family home on the undersized lot as of right if all the following requirements are satisfied:
(a)
The lot was a conforming lot in all aspects at the time the Municipality adopted an ordinance which rendered the lot non-conforming.
(b)
No property adjacent or contiguous to the subject lot was in common ownership with the subject lot at the time of adoption of the ordinance which rendered the lot non-conforming or at any time subsequent thereto.
(c)
The construction or alteration shall comply with all the requirements which were applicable to the subject lot at the time of adoption of the ordinance which rendered the lot non-conforming.
3.
Notwithstanding any other provisions of the Township Code, for purposes of any future applications for development, the following lots will be deemed to have the lot size and lot dimensions which existed as of October 10, 1994 immediately prior to an eminent domain taking affecting the properties.
Block | Lot |
|---|---|
69 | 5 |
70 | 1 |
70 | 7 |
70 | 8 |
70 | 32 |
70 | 35 |
70 | 40 |
70 | 43 |
70 | 46 |
70 | 120 |
70 | 121 |
71 | 4 |
71 | 5 |
71 | 6 |
b.
Lot Width. The minimum lot width shall be measured either at the required front yard setback line or at the front lot line as required for the district in which it is located. In cases of irregularly shaped lots whose sides are not parallel, where the lot width is measured at the required front yard setback line, the street frontage shall not be less then seventy-five (75%) percent of the minimum lot width required; provided the lot width measured at the front yard setback line shall be no less than the minimum lot width specified in the zoning schedule for the district in which the lot is contained.
In the case of irregularly shaped lots whose sides are not parallel, where the lot width is measured at the front lot line, the width of the lot measured at the required front yard setback line shall not be less then eighty-five (85%) percent of the required lot width measured at the front lot line.
c.
Corner Lots.
1.
At all street intersections, no obstruction exceeding thirty (30") inches in height above the established grade of the street at the property line, other than an existing building, post, column, hedge or tree, shall be erected or maintained on any lot within the area bounded by the line drawn between points along such street lot lines thirty (30') feet distant from their intersection.
2.
The determination of the front yard of a corner lot shall be at the option of the owner or developer and shall be so designated on all maps and official records.
3.
A corner lot, or lot fronting on multiple streets, shall be considered to have multiple street frontages, all of which shall be subject to the front yard requirements of the Zoning Schedule of this chapter.
4.
When a corner lot is located in a zone district that are subject to side yard requirements that are not equal on each side (e.g. R15, R10, R5, R11, G200, B200, IP120), the greater dimension must be met.
5.
The required side and rear yards will be determined based on the location of the front yard, as identified in paragraph c2 above.
d.
Through Lots. A through lot shall be considered as having two (2) street frontages, both of which shall be subject to the front yard requirements of the Zoning Schedule of this chapter.
e.
Required Area or Space Cannot Be Reduced. The area or dimension of any zone lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter, and if already existing as less than the minimum required by this chapter, the area or dimension may be continued and shall not be further reduced.
f.
Frontage Upon a Street.
1.
Every principal building shall be built upon a lot with frontage upon an improved and approved street in accordance with the street standards established by the Township.
2.
Any property which contains access to one (1) or more approved and improved streets at its property line but does not contain sufficient street frontage as required herein shall not be construed to be landlocked. Where such conditions do exist or are created by virtue of a subdivision, no building permit or occupancy permit shall be granted unless and until the property contains the required amount of street frontage as required herein.
3.
This provision is not to be construed to provide any building or zone lot which contains less street frontage than required herein or to create a building or zone lot, with an existing structure or structures located thereon, with less street frontage than as required herein.
g.
Lot Located in More than One (1) Zone. For any zone lot which is located in more than one (1) zone district, which districts differ in character by permitting residential, commercial or industrial uses, all yard, bulk and other requirements shall be measured from the zone boundary line and not the true lot line.