Township of Union, NJ Purpose; Definitions

[Amended 8-23-2022 by Ord. No. 5739]

Words used in the present tense include the future; words used in the singular number include the plural number and vice versa; the word "used" shall include "arranged, designed, constructed, altered, converted, rented, leased or intended to be used;" the word "lot" includes the words "plot," "premises" and "tract;" the word "building" includes the words "structure," "dwelling" or "residence;" the word "shall" is mandatory and not discretionary. Any word or term not defined herein shall be used with a meaning of standard usage. Moreover, whenever a term is used in the chapter which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning as defined in N.J.S.A. 40:55D-1 et seq. unless specifically defined to the contrary in this chapter.

For the purposes of this chapter, certain phrases and words are herein defined as follows:

ABANDONED VEHICLE

Any vehicle, trailer or equipment which satisfies any of the following criteria:

(1)

Said item remains in violation of the accessory parking or storage requirements of this chapter, upon due notice of the Zoning Officer.

(2)

The vehicle is not currently registered in this or any other state or the actual ownership cannot be established.

(3)

If properly registered, the owner of said vehicle fails to acknowledge, cease and desist said zoning violation.

(4)

Is not insured against liability and property claims.

(5)

Is nonoperable and/or does not retain its as-constructed integrity, thereby directly or indirectly creating a detriment to the public welfare as an attractive nuisance.

(6)

Does not demonstrate, by established routine, its active use.

ACADEMIC SUBJECTS

Traditional educational subjects pertaining primarily to liberal or classical studies and to subjects normally associated with state-required primary and secondary school education and with educational schools of higher learning.

ACCESSORY APARTMENT

See "accessory dwelling unit."

ACCESSORY BUILDING OR STRUCTURE

A subordinate building or structure on the same lot with a main building, or a portion of the main building, exclusively occupied as or devoted to an accessory use. Where an accessory building is attached to a principal building in a substantial manner by a wall or roof, such accessory building shall be considered part of the main building.

ACCESSORY DWELLING UNIT

A secondary dwelling unit established in conjunction with and clearly subordinate to a primary dwelling unit.

ACCESSORY USE

A use naturally and normally incident and subordinate to the principal use of a structure or lot.

ADMINISTRATIVE OFFICER

The Township Engineer of the Township of Union, in the County of Union, New Jersey, shall be the administrative officer for the Planning Board and an administrative officer for Article XXIX, Flood Damage Prevention. The Construction Code Official and Secretary of the Board of Adjustment of the Township of Union, in the County of Union, New Jersey, shall be the administrative officer for the Zoning Board of Adjustment. Each shall serve as an alternate in the absence of the other. In the event of an absence by both, the Township Committee shall designate the administrative officer for both Boards.

[Amended 2-28-2023 by Ord. No. 5757]

ADULT BUSINESS

A business in which 25% or more of its stock-in-trade or activities include any of the following: 1) the sale, rental, or consumption of media characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; 2) the sale of paraphernalia which are designed for use in connection with specified sexual activities; or 3) performances characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

ADVERSE EFFECT

Conditions or situations creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on a subdivided property or off-tract property, such as but not limited to improper circulation and drainage, rights-of-way, inadequate drainage facilities, insufficient street widths, unsuitable street grades, unsuitable street locations to accommodate prospective traffic or coordinate and compose a convenient system, locating lots in a manner not adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace or providing for lots of insufficient size and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this chapter.

ALTERATION OF BUILDING

A change in the supporting members of a building, an addition to or diminution of a building, a conversion of a building or a part thereof or removal of a building from one location to another or a change in use of a building.

ALTERNATIVE TOWER STRUCTURE

Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ALTERNATIVE TREATMENT CENTER (ATC)

A medical cannabis cultivator, a medical cannabis manufacturer, and/or a medical cannabis dispensary that has been issued a permit to cultivate, manufacture, dispense, or engage in other activities related to medical cannabis and related paraphernalia pursuant to P.L. 2019, c. 153 and N.J.A.C. 17:30A. Cultivation and manufacturing shall be treated as a separate zoning use category though it may be part of the license issued by the state for a single entity. No adult use cannabis business-related activities may take place within an ATC dispensary unless granted a zoning permit by the Township Zoning Official.

ANTENNA

A transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

APARTMENT

One or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit.

APPLICANT

The landowner or the agent, optionee, contract purchaser or other person authorized to act for and acting for the landowner submitting an application under this chapter.

APPLICATION FOR DEVELOPMENT

The application or appeal forms and all accompanying documents required by this chapter for approval of a subdivision plot, site plan, planned development, conditional use, zoning variance or direction or the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.

ATTIC

The part of a building that is immediately below and wholly or partially within the roof framing.

AUTOMOBILE SALES

A business engaged in the display, sale, or lease of new or used automobiles or recreational equipment, along with accessory uses customary and incidental such as vehicle servicing. Automobile sales shall permit outdoor storage of vehicles.

AUTOMOBILE SERVICE STATION

A business where liquid or gaseous fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles, or where electric vehicle charging stations are the principal use. Accessory activities may include lubrication and convenience retail. The sale of motor vehicles, vehicle storage, body work, or mechanical repair of motor vehicles is not permitted as part of an automobile service station.

BACKHAUL NETWORK

The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long-distance providers, or the public switched telephone network.

BANK

A financial institution that is open to the public for walk-in service of deposit banking and closely related functions such as making loans, investments, and fiduciary activities.

BANNER

A temporary sign displayed on cloth or pliable material.

BAR

An establishment whose principal business is the sale of alcoholic beverages for on-site consumption.

BASEMENT

A portion of the building beneath the first floor, partly underground but having less than 1/2 of its clear height below the average grade of the adjoining ground.

BOARDER or ROOMER

An individual other than a member of the family occupying the dwelling unit or a part thereof who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration.

BREW PUB

A use controlled by the New Jersey Alcohol Beverage Control Law that is authorized under the issuance of a restricted brewery license to manufacture malt alcoholic beverages at a rate of less than 3,000 barrels per license term, and which operates collectively with an adjoining restaurant holding a plenary retail consumption license.

BUILDING

A structure having a roof supported by columns, walls or similar structural parts, used or intended to be used for the housing, enclosure or shelter for persons, animals or property of any kind.

BUILDING COVERAGE

The portion of a lot covered by buildings, expressed as a percentage of the lot area.

CAMPER

See "recreation equipment."

CANNABIS

All parts of the plant Cannabis sativa L. within the plant family Cannabaceae, whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant; which are cultivated and, where applicable, manufactured for use in cannabis products.

CANNABIS BUSINESS

An organization issued a license by the Commission to operate as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, or cannabis dispensary. While it may have a component that administers medical cannabis to qualifying patients, it is open to adult use of cannabis for persons 21 years and older.

CANNABIS CULTIVATION CENTER

A building, structure, or premises used for the cultivation, production of cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 cannabis cultivator license.

CANNABIS DELIVERY SERVICE

Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer. This person or entity shall hold a Class 6 cannabis delivery license.

CANNABIS DISTRIBUTOR

Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 cannabis distributor license.

CANNABIS MANUFACTURER

Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 cannabis manufacturer license.

CANNABIS MICROBUSINESS

A person or entity licensed as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery service that many only, with respect to its business operations, and capacity and quantify of product: 1) employ no more than 10 employees; 2) operate a cannabis establishment occupying an area of no more than 2,500 square feet, and in the case of a cannabis cultivator, grow cannabis on an area no more than 2,500 square feet measured on a horizontal plane and grow above that plane not higher than 24 feet; 3) possess no more than 1,000 cannabis plants each month, except that a cannabis distributor's possession of cannabis plants for transportation shall not be subject to this limit; 4) acquire each month, in the case of a cannabis manufacturer, no more than 1,000 pounds of usable cannabis and; 5) acquire for resale each month, in the case of a cannabis wholesaler, no more than 1,000 pounds of usable cannabis, or the equivalent amount in any form of manufactured cannabis product or cannabis resin, or any combination thereof; and 6) acquire for retail sale each month, in the case of a cannabis retailer, no more than 1,000 pounds of usable cannabis, or the equivalent amount in any form of manufactured cannabis product or cannabis resin, or any combination thereof.

CANNABIS PARAPHERNALIA

Any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing a cannabis item into the human body. "Cannabis paraphernalia" does not include drug paraphernalia as defined in N.J.S. 2C:36-1 and which is used or intended for use to commit a violation of Chapter 352 or 362 of Title 2C of the New Jersey Statutes.

CANNABIS RETAILER (CANNABIS DISPENSARY)

A retail facility that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufactures or cannabis wholesalers, and sells those to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 cannabis retailer license.

CANNABIS WHOLESALER

Any licensed person or entity that purchases or otherwise obtains, stores, sells, or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This person or entity shall hold a Class 3 cannabis wholesaler license.

CAR SERVICE

A business that offers transportation in passenger automobiles and vans to persons in return for remuneration. The business may not include facilities for servicing, repairing, and fueling the vehicles.

CAR WASH

Any building or premises used for washing motor vehicles.

CELLAR

A portion of the building beneath the first floor, partly underground, having 1/2 or more than 1/2 of its clear height below the average grade of adjoining ground and intended to be used for storage and mechanical equipment incidental to the use and operation of the building. (See "basement.")

CEMETERY

Property used for the interring of the dead, which may include tombstones, mausoleums, family mausoleums, monuments, and buildings for the maintenance and administration of the cemetery.

CHANGE IN USE

The use of a building or land which is in any manner different from the previous use with regard to zoning use categories.

CHECK CASHING ESTABLISHMENTS

Any establishment providing the services that require licensing by the State of New Jersey under the provisions of the Check Cashers Regulatory Act of 1993, and any subsequent changes to the Act (N.J.S.A. 17:15A-30).

CHILD-CARE CENTER

A private establishment enrolling four or more children up to five years of age and where tuition fees or other forms of compensation for the care of the children are charged, and which is licensed or approved to operate by the state as a child-care center.

COLLEGE

An institution of higher education that provides undergraduate and/or postgraduate degrees.

COMMERCIAL VEHICLE

Any commercially licensed motor vehicle intended to be driven on the highways and used for the transportation of goods, wares, merchandise, equipment or other materials and including any commercially licensed motor vehicles of the passenger car type which contain advertising material exposed to view.

COMMON FACILITIES

Common facilities shall include but not be limited to facilities for the common use of two or more dwelling units, such as roads, sidewalks, swimming pools, playgrounds, trees, greens, fairways and parking areas.

COMMON OWNERSHIP

Ownership of two or more contiguous parcels or real property by one person or by two or more persons owning such property as joint tenants, as tenants by the entirety or as tenants in common.

COMMUNITY FACILITY

A building owned and operated by a governmental agency to provide a service to the public.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED

Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter and personal guidance under such supervision, as required, to not more than 15 developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in a community, and shall include but not be limited to group homes, halfway houses, intermediate-care facilities, supervised apartment living arrangements and hostels.

COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE

Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

COMPLETE APPLICATION

An application form completed as specified by this chapter and the rules and regulations of the municipal agency and all accompanying documents required by this chapter for approval of the application for development, including, where applicable, but not limited to, a site plan or subdivision plat, provided that the municipal agency may require such additional information not specified in the chapter or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met.

CONCESSION STAND

A structure or counter accessory to a recreation use that is devoted to the sale of snacks or other light meals and providing no inside seating nor drive-in service for the customers.

CONDITIONAL USE

A use permitted in a particular zone district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board, all in accordance with the provisions of Article XVI.

CONVENIENCE RETAIL

A retail store selling a limited line of sundries including newspapers, groceries, household items, automotive accessories, and prepared foods.

CORNER LOT

A lot at the junction of and having frontage on two or more intersecting streets, or a lot bounded on two more sides by the same street.

CORPORATE SUITES

One or more buildings containing suites designed to be used, rented, or occupied by guests, wherein each suite shall include facilities for living, eating, cooking, sanitation, and up to two sleeping rooms in a suite. Ancillary structures and uses customary and incidental to hotels are permitted, including conference and meeting facilities, restaurants and retail.

DATA CENTERS

A facility used to house computer systems and associated components, such as telecommunications and storage systems.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alternation, relocation or enlargement of any building or other structure, or any mining, excavation or landfill, and any use or change in use of any building or other structure or land or extension or use of land, for which permission may be required.

DEVELOPMENTALLY DISABLED PERSON

A person who is developmentally disabled as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2).

DISPLAY

As regulated by this chapter, the positioning of any item(s) or group of item(s), whether similar or dissimilar in nature, description or use, in line-of-sight view from any public street, sidewalk or walkway, driveway or driving aisle, adjacent lot or building, for the promotional or exhibitory reason or purpose of the displayer, which is not otherwise restricted or prohibited by this chapter or any other municipal, county or state law.

DRAINAGE AND UTILITY RIGHT-OF-WAY

The lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

DWELLING or DWELLING UNIT

A building or part thereof used as the residence of and providing complete living facilities for a family, as defined in this chapter, and which is self-contained and independent from any other unit.

DWELLING, MULTIFAMILY

A building containing more than two dwelling units and including apartments, as defined herein.

DWELLING, ONE-FAMILY

A building containing one dwelling unit.

DWELLING, SINGLE-FAMILY ATTACHED

A one-family dwelling unit with a private entrance which is part of a structure whose dwelling units are attached horizontally in a linear arrangement to other similar dwelling units by one or more party walls or portions thereof extending from the foundation to the roof.

DWELLING, TWO-FAMILY

A building containing two dwelling units.

EASEMENT

A use or burden imposed on real estate by deed or other legal means to permit the use of land by the public, corporation or particular persons for specific uses.

ELECTRIC VEHICLE (EV) CHARGING STATIONS

Apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug- in electric vehicle, including equipment, cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, and point of sale equipment.

ESSENTIAL SERVICES

Underground gas, electrical, telephone, sanitary sewer collection systems or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, cables and normal aboveground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals and hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other government agencies for the public health or safety or general welfare. Essential services shall not be deemed to include wireless telecommunications towers and antennas.

FAA

The Federal Aviation Administration.

FAMILY

A person or any number of persons living together as a single housekeeping unit. No family shall exceed the occupancy code limits of the structure in which they reside.

FCC

The Federal Communications Commission.

FENCE

A vertical structure erected as a barrier, enclosure or screening and extending or suspended between posts or other supports. As used in this chapter, the term "fence" shall include the term "wall."

FITNESS CENTER

An indoor establishment that houses exercise equipment and space for the purposes of physical exercise, as well as locker rooms, showers, massage rooms, saunas, accessory retail and food service, and related accessory uses. Fitness centers include tennis clubs, indoor swim centers, and studios for the teaching of activities such as but not limited to dancing, martial arts, yoga, and the like.

FLAG LOT

A lot not fronting on or abutting a public road and where access to the public road is by a narrow, private right-of-way. Lot dimensions and setback requirements shall be measured from within the flag portion of the lot, excluding the pole or stem.

FLEA MARKET

An indoor operation involving the display and sale of retail merchandise by two or more independent merchants or vendors in a common area and involving no permanent separation between the independent sales and display operations.

FLEX SPACE

A building or parts of a building suitable for or capable of being changes to accommodate a variety of permitted uses and designed to be used on a short- or long-term basis.

FLOOD or FLOODING

These and other related terms are defined in Article XXIX.

[Amended 2-28-2023 by Ord. No. 5757]

FLOOR AREA

(1)

As it applies to a dwelling or dwelling unit, the total area of all floors of a dwelling computed by measuring the outside dimensions of the outside walls of the dwelling, excluding the floors of the following: crawl spaces, unfinished basements, cellars, porches, breezeways, patios, terraces, garages and carports. The floor area of a finished second floor room or attic shall be included if the ceiling height is at least seven feet six inches, notwithstanding that the room or attic has minor ceiling slopes, provided that the knee walls are at least five feet in height.

(2)

As it applies to nonresidential buildings, the total area of all floors of a building computed by measuring the outside walls of the building, including basement and cellar floors, unless such floors are and remain unfurnished and unused except for storage or utility purposes.

FLOOR AREA RATIO (FAR)

The total floor area of all buildings or structures on a zoning lot or development site divided by the area of said lot or site.

GALLERY

A room or structure in which original works of art are bought, sold, loaned, appraised, or exhibited to the general public.

GARAGE, PARKING

A building or structure used for the parking of one or more motor vehicles. The sale of new or used vehicles, trailers, equipment and/or other items is not a permitted use.

GARAGE, PRIVATE PARKING

A garage which is maintained as an accessory use and limited to use by residents, owners, employees, customers and clients of the principal use.

GARAGE, PUBLIC PARKING

A building, or portion thereof, used for the parking of motor vehicles and available to the general public.

GARAGE, REPAIR

A building in which is conducted a business involving the providing of a retail service, specifically mechanical and body repair of motor vehicles, and excluding the retail sale of motor vehicle fuels.

HAZARDOUS MATERIALS

Those elements and compounds, including petroleum products, defined by the Department of Environmental Protection after a public hearing, included on the list of hazardous substances found in Appendix A of N.J.A.C. 7:1E. The definition consists of hazardous substances and hazardous wastes.

HAZARDOUS SUBSTANCE

Any hazardous material or hazardous waste.

HAZARDOUS WASTE

Any waste substances required to be reported to the Department of Environmental Protection on the special waste manifest pursuant to N.J.A.C. 7:26-7.4 or designated as a hazardous waste pursuant to N.J.A.C. 7:26-8. Hazardous waste shall be allowed as an accessory use only.

HEIGHT (OF BUILDING OR STRUCTURE)

The average vertical distance from the highest and lowest elevations around a structure's foundation or at any uniform distance within 15 feet of the foundation of a structure to the highest point of the structure or roof slab.

HOME PROFESSIONAL OFFICE

An occupation or activity carried out for gain by a resident and conducted as a customary, incidental and accessory use in the resident's dwelling unit or accessory structure located on the lot. In no case shall residents working from home be considered a home professional office.

HOSPITAL

An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

HOT TUB

See "pool, aboveground."

HOTEL

A building containing hotel units, each having its only access from an interior corridor, designed and intended to be used as overnight sleeping accommodations for transient guests, which building has a public lobby and full-time management serving the guests and which may contain ancillary services and facilities, such as restaurants, shops and boutiques, recreation facilities, meeting rooms and convention facilities which shall be accessible from the interior of the building.

HOTEL UNIT

A room or suite of rooms in a hotel which shall consist of bedroom, a bathroom and closet or closet area, and which may include a kitchenette and not more than one additional room for sitting or sleeping purposes.

IMPERVIOUS SURFACES

Pavement of other land improvements which prevent normal groundwater absorption, including buildings.

INDOOR AGRICULTURE

The growing or processing of food through indoor plant cultivation.

INSTRUCTIONAL USE

An institution or organization focused on the nonaccredited teaching of any skill or body of knowledge independent of a general curriculum or state educational licensure. An instructional use is to be distinguished from a school or tutoring, and may cover topics including but not limited to sport, the arts, language, and general continuing education.

INTERESTED PARTY

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; in the case of a civil proceeding or any administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire or enjoy property under this chapter or any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under N.J.S.A. 40:55D-1 et seq.

INTERIOR LOT

A lot other than a corner lot.

INTERPRETIVE CENTER

Facilities for the education of the public related to the principal use of or history related to the property.

KENNEL

A business in which domestic household pets are boarded, groomed, bred, or trained for commercial purposes.

LOADING SPACE

An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or material.

LONG-TERM CARE FACILITY (REHABILITATION/NURSING HOME)

A nursing, congregate-care or convalescent home licensed by the State of New Jersey and primarily designed to furnish lodging or nursing care or required supervised care to persons by reason of their being aged, sick, infirm, convalescent, invalid, bedfast, handicapped or impaired, but not designed to serve the mentally ill or those suffering from a communicable disease or those addicted to narcotics or alcohol.

LOT

Any parcel of land separated from other parcels or portions as delineated on the current Tax Atlas of the Township of Union.

LOT AREA

The area contained within the lot lines of a lot, not including any portion of a street right-of-way.

LOT COVERAGE

The portion of a lot covered by buildings and impervious surfaces, expressed as a percentage of the lot area.

LOT DEPTH

The shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.

LOT WIDTH

The straight and horizontal distance between side lot lines measured at the setback line.

See "corner lot."

See "flag lot."

See "interior lot."

See "through lot."

Total gross household income equal to 50% or less of the median household income for households of the same size and using the median income data for household size prepared by the United States Department of Housing and Urban Development (HUD) or equally reliable source of the housing region which includes the Township of Union.

MAINTENANCE GUARANTY

Any security, other than cash, which may be accepted by the Township for the maintenance of any improvements required by this chapter.

MAJOR SUBDIVISION

See "subdivision, major."

MANUFACTURING

The mechanical or chemical transformation of materials or substances into new products, including the assembling and processing of component parts, the creation of products, and the blending of materials including but not limited to oils, plastics, resins, and liquors.

MARIJUANA (or CANNABIS)

Has the meaning given to "marihuana" in section 2 of the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (N.J.S.A. 24:21-2).

MASTER PLAN

A composite of the mapped and written proposals recommending the physical development of the municipality, which shall have been duly adopted by the Planning Board.

MAUSOLEUM

A permanent structure or building used for the entombment of human remains in crypts, vaults or niches.

MAUSOLEUM, FAMILY

A building or structure for the interment of the dead, having fewer than 10 crypts.

MEDICAL MARIJUANA DISPENSARY (or MEDICAL CANNABIS DISPENSARY)

An organization issued a permit by the commission that authorizes the organization to: purchase or obtain medical cannabis and related supplies from medical cannabis cultivators; purchase or obtain medical cannabis products and related supplies from medical cannabis manufacturers; purchase or obtain medical cannabis, medical cannabis products, and related supplies and paraphernalia from other medical cannabis dispensaries and from clinical registrants; deliver, transfer, transport, distribute, supply, and sell medical cannabis and medical cannabis products to other medical cannabis dispensaries; furnish medical cannabis, including medical cannabis products, to a medical cannabis handler for delivery to a registered qualifying patient, designated caregiver, or institutional caregiver consistent with the requirements of Subsection I of Section 27 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-20); and possess, display, deliver, transfer, transport, distribute, supply, sell, and dispense medical cannabis, medical cannabis products, paraphernalia, and related supplies to qualifying patients, designated caregivers, and institutional caregivers. A medical cannabis dispensary permit shall not authorize the permit holder to cultivate medical cannabis, to produce, manufacture, or otherwise create medical cannabis products.

MENTALLY ILL PERSON

A person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-27.2, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.

MINOR SITE PLAN

See "site plan, minor."

MINOR SUBDIVISION

See "subdivision, minor."

MODERATE INCOME

Total gross household income between 50% and 80% of the median household income for households of the same size and using the median income data for household size prepared by the United States Department of Housing and Urban Development (HUD) or equally reliable source for the housing region which includes the Township of Union.

MOTEL

A building or complex of buildings, other than a hotel, containing not more than 25 units, said unit consisting of a single room and private bathroom facilities, designed and intended to be used as overnight sleeping accommodations for transient guests. Said use shall include a public lobby/office and full-time management and staff (24 hours, seven days), sufficient to operate said use while providing the normal incidental housekeeping services for guests in addition to property maintenance of the site.

MUNICIPAL AGENCY

The Planning Board, Board of Adjustment or the governing body or any agency created by or responsible to one or more municipalities when acting pursuant to N.J.S.A. 40:55D-1 et seq.

MUSEUM

A place devoted to the procurement, care, study, and display of objects of lasting interest or value.

NONCONFORMING BUILDING OR STRUCTURE

A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NONCONFORMING LOT

A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zone in which it is located.

[Amended 5-23-2023 by Ord. No. 5767]

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

OFFICE

A building or part of a building used primarily for offices that may include ancillary services for workers, such as a restaurant, coffee shop, or newsstand.

OFFICE, MEDICAL

A professional office where the services of one or more practitioners can be obtained and where patients are studied or treated on an outpatient basis and where no overnight accommodations are provided. This includes but is not limited to dentists, physical therapists, psychologists, general practitioners, and urgent care centers.

OUTDOOR STORAGE

The storage of goods, materials, or inventory outside of any building or structure. This includes but is not limited to contractor's storage yards, junkyards. Accessory or principal parking lots for short-term parking by customers and employees, and on-site inventory for car dealers, shall not be considered outdoor storage.

PARKING AREA

An open area, other than a street or other public way, used for the parking of motor vehicles, including access drives and aisles, and available for public use, whether for a fee or as a service or privilege for clients, customers, suppliers or residents. Vehicle storage shall not be permitted.

PARKING SPACE

An accommodation for the parking of a motor vehicle and having an area required by this chapter.

PARKING, SHARED

Joint utilization of a parking area for more than one business or use in which parking spaces are used at different times by different uses resulting a lower peak demand for parking than would otherwise result from a cumulative addition of the individual parking requirements of all permitted uses on site.

PAWNBROKER

Any establishment providing the services that require licensing by the State of New Jersey Pawnbroking Law (N.J.S.A. 45:22-1 et seq.).

PERFORMANCE GUARANTY

Any security in accordance with the requirements of this chapter which may be accepted in lieu of a requirement that certain improvements be made, including performance bonds, escrow agreements and other similar collateral or surety agreements.

PERMITTED USE

Any use of land or buildings as permitted by this chapter.

PERSONAL SERVICES

Establishments engaged in providing services involving the care of a person or his or her personal goods, including but not limited to salons and spas, tailors, travel agents, dry cleaners, and locksmiths.

PLACE OF ASSEMBLY

A place for groups of people to gather for an event or regularly scheduled program. Places of public assembly include but are not limited to theaters, religious institutions, auditoriums, banquet facilities, and similar facilities. Places of assembly often have permitted ancillary functions serving the community. Exempted are incidental, temporary or sporadic meetings attended by a small number of persons such that the character of the zone district in which it is located is not compromised for occupants of properties in that area.

PLANNED DEVELOPMENT

An area to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas.

POOL, ABOVEGROUND

Any private pool with a water level a minimum of 24 inches deep and a maximum of 52 inches above grade. The base of the pool shall not extend more than four inches below grade.

POOL, IN-GROUND

Any private pool that exceeds 24 inches in depth and does not extend more than 12 inches above grade at its highest point.

PRINCIPAL STRUCTURE

A structure arranged, adapted or designed for the predominant or primary use for which a lot may be used.

PRINCIPAL USE

The primary or predominant use of the premises.

PUBLIC PURPOSE USES

The use of land or buildings by the governing body of the Township or any officially created authority or agency thereof.

RECREATION EQUIPMENT

The following items, if currently registered and in good repair:

(1)

RECREATION TRAILERA trailer used to carry a boat, bicycle, motorcycle or some other similar item of recreation equipment or vehicle.

(2)

HOUSE OR TRAVEL TRAILERA portable structure mounted on or part of a trailer for use as a temporary dwelling for travel, recreation or vacation and having a maximum body length of 35 feet and a maximum body width of eight feet when factory-equipped for the road.

(3)

PICKUP CAMPERA portable structure designed to be mounted on a pickup or other truck for travel, recreation or vacation uses, but not including pickup caps which do not extend more than 12 inches above the standard cab of the pickup. Pickup trucks equipped with such caps shall be considered light vehicles.

(4)

MOTOR HOMEA motor vehicle designed for use as a temporary dwelling for travel, recreation or vacations, but not including standard vans which are light vehicles and usable only for sleeping purposes. Such vans shall be considered light vehicles.

(5)

CAMP TRAILERA folding or rigid portable structure mounted on or part of a trailer and designed for travel, recreation or vacation uses.

(6)

BOATAny kind of boat, float or raft.

RECREATION FACILITY, INDOOR

A building housing facilities for recreational facilities, including but not limited to bowling, skating rinks, arcades, recreational swimming pools, rock gyms and trampoline parks.

RECREATION FACILITY, OUTDOOR

Publicly or privately owned outdoor facilities for athletic or sport activities, including but not limited to ballfields, golf courses, recreational swimming pools, sports courts, riding stables, and country clubs.

RESEARCH LABORATORY

A building or complex of buildings in which is conducted investigation, analysis, testing, design, experimentation, product development or related activity in the natural, physical or social science, but not including the manufacturing of products.

RESTAURANT

An establishment where food and drink are prepared and served. Restaurants shall include ice cream stands, coffee shops, juice bars, and similar; restaurants shall not include concession stands or school/office cafeterias.

RESTAURANT, CATEGORY ONE

A restaurant which is designed for and whose primary function is the preparation and service by employees of meals to customers seated at the table at which the meal is consumed. A category one restaurant operates without substantial carry-out or delivery service; and with no drive-through, drive-in, or service in vehicles.

RESTAURANT, CATEGORY THREE

A restaurant which includes a vehicular drive-through, drive-in, or service in vehicles.

RESTAURANT, CATEGORY TWO

A restaurant whose primary function is the preparation and service by employees of food to customers, generally ordered and served from a counter or self-service, and with substantial carry-out or delivery service; and which may, but is not required to, include on-premises consumption, except that no drive-in, drive-through, or service in vehicles is permitted.

RETAIL SALES

Establishments engaged in the selling or renting of goods or merchandise directly to the ultimate consumer. Retail sales shall not include the sale of automobiles.

RETAIL SERVICES

A business activity involving the sale of a service to the ultimate consumer. This shall include personal services, business services, and the like.

ROOMER

See "boarder or roomer."

SATELLITE DISH ANTENNA

An apparatus which is designed to receive television, radio, microwave, satellite or similar signals and which is characterized by a round, dish-type structure.

SCHOOL

Any building or part thereof which is designed, constructed or used for education or instruction by a branch of knowledge.

SCHOOLS, PUBLIC AND PRIVATE

Any school providing primary or secondary education in accordance with subjects under state-mandated curricula, county colleges and state colleges and universities, but not including private business and commercial schools operated for profit.

SELF STORAGE FACILITY

An enclosed building or group of buildings containing individual storage spaces that are leased to individuals exclusively for long-term storage of their personal property.

SETBACK LINE

A line drawn parallel with a street line or lot line at the point of a building nearest to the street line or lot line.

SHORT-TERM RENTAL

A dwelling unit where transient lodging is provided for compensation for stays of between one and 30 consecutive nights, and where the dwelling unit would normally be considered a residential living unit not associated with regulated commercial activities such as a hotel, motel or bed-and-breakfast.

[Added 5-23-2023 by Ord. No. 5767]

SIGHT EASEMENT AT INTERSECTION

A triangular-shaped area, established in accordance with the requirements of this chapter, in which no grading, planting or structure shall be erected or maintained, except for street signs, fire hydrants and light standards.

SIGN

Any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person when the same is placed out of doors in view of the general public or when of a permanent nature and placed within the window of a commercial or other structure so as to be visible to persons from the outside for the purpose aforesaid.

SIGN, AREA OF

The product of the largest horizontal width and the largest vertical height of the lettering, illustration, display or background. This shall not be construed to include the supporting members of any sign which are used solely for such purpose. If the letter, illustration, display or background is attached directly to the face of a building, the height or width of the sign shall be the height or width of the largest letter, illustration, display or background, whichever is the greater. For signs with two display faces, the maximum area requirement shall be permitted on each side.

SIGN, BILLBOARD

A panel supported by uprights or braces placed in the ground designed to carry off-site messaging.

SIGN, DIFFUSED LIGHTED

Any sign which spreads light over the sign surface from a source located within the sign and behind a translucent sign surface and wherein the direct source of light is not visible.

SIGN, ERECTION OF

The building, construction, attachment, placing, suspension or affixing of a sign, including the painting of signs or displays on the exterior surface of a building or structure. Any change in the size, structural parts or materials used in the construction of a sign shall be considered as the erection of a new sign.

SIGN, FREESTANDING

Any sign supported by uprights or braces placed upon or in the ground, not attached to any building, the display area of which is located above normal eye level.

SIGN, GROUND

Any sign supported by uprights or braces placed upon or in the ground, not attached to any building, the display area of which is located at or approximately at normal eye level.

SIGN, ILLUMINATED

Any sign which has characters, letters, figures, designs or an outline illuminated by electric lights or luminous tubes as part of the sign proper.

SIGN, INDIRECTLY LIGHTED

Any sign which reflects light from a source intentionally directed upon it for example for means of floodlights, gooseneck reflectors or externally mounted fluorescent light fixtures.

SIGN, WALL

A sign which is affixed parallel to or painted on an exterior wall of any structure.

SINGLE OWNERSHIP

Ownership by one person or by two or more persons, whether jointly, as tenants by the entirety or as tenants in common, of a separate parcel of real property not adjacent to land in the same ownership.

SITE PLAN

A development plan of one or more lots on which is shown:

(1)

The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;

(2)

The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs; and

(3)

Any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this chapter.

SITE PLAN, MINOR

The development plan of a single lot which:

(1)

Proposes new development within the scope of development specifically permitted by this chapter as a minor site plan.

(2)

Does not involve planned development, any new street or extension or any off-tract improvement.

(3)

Contains the information reasonably required in order to make an informed determination as to whether the requirements established by this chapter for approval of a minor subdivision have been met.

(4)

Shall be limited to the following classes of development:

(a)

A change in use involving no building construction other than interior modification or interior structural alteration and creating not more than five additional off-street parking spaces.

(b)

Minor structural changes, such as entry enclosures, porticoes and other structural appurtenances, including roof appurtenances.

(c)

Building additions or accessory buildings not exceeding 100 square feet in ground coverage, provided that the same do not invade upon any required parking area or setback area or otherwise violate any requirements of this chapter.

SMOKE SHOP

Any premises dedicated to the display, sale, distribution, or marketing of tobacco, tobacco products, tobacco paraphernalia, e-cigarettes, or hookahs. Any business that provides more than 15% of its floor area, wall space, or shelf area for such products shall be considered a smoke shop.

[Added 8-22-2023 by Ord. No. 5777]

SOLAR INSTALLATION

One or more photovoltaic, concentrated solar thermal, or solar hot water devices either freestanding ground, building integrated or roof mounted, as well as related equipment.

SPA

A licensed establishment offering body or facial treatments for clients. Additional services may include saunas, baths, hairdressing, make-up, manicure and pedicure services, and similar. Ancillary retail is permitted.

STORY

That portion of a building included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of this chapter, unfinished and uninhabitable attics shall not be considered a story.

STREET

(1)

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is:

(a)

An existing state, county or municipal roadway;

(b)

Shown upon a plat heretofore approved pursuant to law;

(c)

Approved by N.J.S.A. 40:55D-1 et seq.; or

(d)

Shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats.

(2)

Includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street line.

STREET LINE

The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.

STRUCTURE

Anything constructed, assembled or erected which requires location on the ground or attachment to something having such location on the ground, including but not limited to buildings, fences, tanks, towers, signs, advertising devices and swimming pools. The term "structure" shall include the term "building."

SUBDIVISION

(1)

The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:

(a)

Divisions of land found by the Planning or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size.

(b)

Divisions of property by testamentary or interstate provisions.

(c)

Divisions of property upon court order, including but not limited to judgments of foreclosure.

(d)

Consolidation of existing lots by deed or other recorded instrument.

(e)

The conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality.

(2)

The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION, MAJOR

Any subdivision not classified as a minor subdivision.

SUBDIVISION, MINOR

Any division of land containing an aggregate of not more than two lots (one new lot and the remaining parcel), each fronting on an existing street or streets; not involving any new street or the installation of any street improvements or the extension of Township facilities; not involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter, unless such additional right-of-way width, either along one or both sides of said street(s), as applicable, shall be deeded to the development of the remainder of the parcel or adjoining property and not in conflict with any provision of the Master Plan, Official Map or this chapter; not being a further division of an original tract of land for which previous minor subdivision(s) have been approved by the Township and where the combination of the proposed and approved minor subdivision(s) constitutes a major subdivision; and not being deficient in those details and specifications required of minor subdivisions as specified in this chapter. The original tract of land shall be considered any tract in existence at the time of the adoption of the chapter of which this is a revision, as shown on the Township Tax Maps. Any readjustment of lot lines resulting in no new lots shall be classified as a "minor subdivision," provided that such subdivision does not involve:

(1)

A planned development;

(2)

Any new street; or

(3)

The extension of any off-tract improvement, the cost of which is to be prorated pursuant to Section 30 of the statute (N.J.S.A. 40:55D-42).

SWIMMING POOL, RECREATIONAL

Any structure that contains water over 24 inches or more in depth and which is used, or intended to be used, for swimming or recreational bathing for the public or its members.

SWIMMING POOL, RESIDENTIAL

Any structure that contains water over 24 inches or more in depth and which is used, or intended to be used, for swimming or recreational bathing in connection with an occupancy in a residential use group and which is available only to the family and guests of the householder.

TECHNICAL REVIEW COMMITTEE (TRC)

An advisory committee which may be established at the discretion of the Planning Board for the purpose of determining the completeness of applications for development, reviewing such applications and performing such other functions as the Board may designate. The TRC shall be appointed by the Chairman of the Planning Board and shall consist of at least two members of the Board and such other municipal officials as deemed appropriate.

THROUGH LOT

A lot that fronts on two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot. Both street frontages shall be considered to be front lot lines, and front yard setback standards shall apply to both frontages.

TOWER

See the definition of "wireless telecommunications tower."

TOWER HEIGHT

When referring to a wireless telecommunications tower or other structure, the distance measured from the finished grade to the highest point on the tower or other structure, including the base pad and any antenna.

TOWNHOUSE

See "dwelling unit, single-family attached."

TOWNSHIP

The Township of Union, in the County of Union, a municipal corporation of the State of New Jersey.

TRACT

A designated parcel or area of land, including a lot, which is the subject of an application for development and which includes any contiguous portions of street rights-of-way in which the developer has property rights.

TRANSCRIPT

A typed or printed verbatim record of the proceedings or reproduction thereof.

UNIVERSITY

See "college."

VARIANCE

A departure from the terms of this chapter authorized by the appropriate municipal agency in accordance with N.J.S.A. 40:55D-1 et seq.

VEHICLE, LIGHT

Pedal-operated vehicles, motorcycles, mopeds and other similar vehicles; the following light motor vehicle classes as recognized by the United States Environmental Protection Agency:

(1)

Cars, including station wagons.

(2)

Pickup trucks, but only those with a gross vehicular weight which does not exceed 8,600 pounds. Pickup trucks with a gross vehicular weight exceeding 8,600 pounds may be classified as "light vehicles," provided that the length, width and height are the same as those of a comparable vehicle with a gross vehicular weight of 8,600 pounds or less, as produced by the same manufacturer during the same model year.

(3)

Vans, but only those with a gross vehicular weight which does not exceed 8,600 pounds. Vans with a gross vehicular weight exceeding 8,600 pounds may be classified as "light vehicles," provided that the length, width and height are the same as those of a comparable vehicle with a gross vehicular weight of 8,600 pounds or less, as produced by the same manufacturer during the same model year.

(4)

Special purpose vehicles, but only those with a gross vehicular weight which does not exceed 8,600 pounds. Special purpose vehicles with a gross vehicular weight exceeding 8,600 pounds may be classified as "light vehicles," provided that the length, width and height are the same as those of a comparable vehicle with a gross vehicular weight of 8,600 pounds or less, as produced by the same manufacturer during the same model year. This term does not include any omnibus, school bus or school vehicle as defined by Title 39 of the New Jersey Revised Statutes.

VEHICLE, MOTOR

A self-propelled device which is licensed as a motor vehicle by the State of New Jersey.

VERTICALLY INTEGRATED CANNABIS FACILITY

The co-location or combination of the following activities related to the production of usable medical cannabis for qualifying patients within a single corporate entity: cultivation, manufacturing, and dispensing.

VETERINARY HOSPITAL

A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.

WAREHOUSING AND DISTRIBUTION CENTERS

Buildings used primarily for the receipt, storage, and/or distribution of goods and cargo. Warehousing and distribution centers are not open to the public for retail sales.

WIRELESS TELECOMMUNICATIONS TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.

YARD

An open space, unoccupied except by a structure or use as specifically permitted by this chapter, measured, respectively, from all points on the abutting street right-of-way line, side lot line and rear line to the foundation wall of the principal structure. All measurements are to be made at right angles to straight portions and to tangents of curved portions.

(1)

FRONT YARDA yard situated between the principal structure and the street right-of-way line, extending across the full width of the lot.

(2)

SIDE YARDA yard situated between the principal structure and a side line of the lot, extending between the front yard and the rear yard.

(3)

REAR YARDA yard situated between the principal structure and the rear lot line, extending across the full width of the lot.