Mount Arlington City Zoning Code
§ 17-30.7
Exceptions to Area and Dimension Requirements.
a.
Notwithstanding any other provisions of this Chapter, a separate lot of at least 7,500 square feet with a minimum width of 50 feet existing in separate ownership at the time of passage of this Chapter may have constructed thereupon a single-family dwelling provided that all necessary approvals from the Board of Health for water and sewer have been secured. The prevailing setback in the neighborhood shall be maintained and a minimum side yard of 10 feet shall be maintained.
b.
Nonconformity Due to Setback. When an improved lot in a residential zone exists as a separate, isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner and which said improved lot is nonconforming due to setback the existing residential building or structure on the lot may be further improved provided that:
[Ord. No. 08-08 § 17]
(1)
The number of dwelling units shall not exceed the number allowed in the district;
(2)
Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be made more nonconforming by the improvement;
(3)
Any improvement constructed within an applicable setback shall not exceed in footprint area 20% of the first floor of the building or structure as it exists as of the date of adoption of this Chapter and shall not be located or constructed within 50% of the applicable setback.
[Ord. No. 10-11 § 8]
(4)
Any improvement shall not exceed any of the requirements set forth on Schedule 1 of this Chapter (other than setback requirements).
c.
Nonconformity Due to Lot Area. When an improved lot in a residential zone exists as a separate, isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner and which said improved lot is nonconforming due to lot area the existing residential building or structure on the lot may be further improved provided that:
[Ord. No. 08-08 § 17]
(1)
The number of dwelling units shall not exceed the number allowed in the district;
(2)
Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be made more nonconforming by the improvement;
(3)
Any improvement shall not exceed any of the requirements set forth on Schedule 1 of this Chapter.