Township of Ross, PA Part 2 INTERPRETATIONS AND DEFINITIONS

§ 27-201 Interpretation.

[Ord. 2035, 12/9/2002, § 201]

1. Unless a contrary intention appears clearly, the following words and phrases shall have for the purpose of this chapter the meanings given in the following clauses. Any word or phrase not defined specifically herein is intended to be used with its meaning in standard usage.

2. For the purpose of this chapter, words and phrases used herein shall be interpreted as follows:

A. Words used in the present tense include the future.

B. The word "person" includes a corporation, partnership, association or other legal entity as well as an individual.

C. The word "lot" includes the word "plot" or "parcel."

D. The term "shall" is mandatory.

E. The words "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be occupied."

F. Words used in the singular number shall include the plural and the plural the singular, unless the context indicates clearly to the contrary.

G. The words "Ross Township" and "Township" refer to the Township of Ross.

H. The word "Commission" and the words "Planning Commission," refer to the Ross Township Planning Commission.

I. The words "governing body" or "Commissioners" refer to the Ross Township Board of Commissioners.

J. The words "Municipal" or "Municipality" refer to Ross Township.

K. The word "Board" or the words "Zoning Hearing Board" refer to the Ross Township Zoning Hearing Board.

L. The words "Comprehensive Plan" refer to the Ross Township Strategic Plan.

M. The words "Strategic Plan" refer to the Ross Township Strategic Plan.

§ 27-202 Definitions.

[Ord. 2035, 12/9/2002, § 201; as amended by Ord. 2163, 9/12/2005, § 2; by Ord. 2288, 4/12/2010; by Ord. 2308, 10/1/2012, § 1; and by Ord. 2322, 1/7/2013, § 1]

1. 

The following words and phrases shall have the meaning specified for the purposes of this chapter:

[Amended by Ord. No. 2409, 4/16/2018]

ACCESSORY

A. ACCESSORY BUILDING See "building, accessory."

B. ACCESSORY USE See "use, accessory."

ACCESSORY KENNEL

A use in conjunction with a veterinary office which includes interior housing for animals under provisions of § 27-906, Subsection 4N.

[Added by Ord. No. 2451, 11/16/2020]

ACT 43

An act, signed into law October 30, 2017, amending the Act of March 4, 1971 (P.L. 6 No. 2), known as the "Tax Reform Code."[1]

[Added by Ord. No. 2409, 4/16/2018]

ADULT RELATED FACILITIES

A business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas."

ALLEY

A right-of-way which provides secondary service access for vehicles to the side or rear of abutting properties, and is not intended for general traffic circulation.

ALTERATIONS

A. As applied to a building or structure, a change or rearrangement in the structural parts, or in the exit facilities, or an enlargement or diminution, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

B. STRUCTURAL Any change in the supporting members of a building, such as bearing walls, partitions, columns, beams, foundations or girders; any substantial change in the roof or the piercing of exterior walls.

ANIMAL DAY CARE

A facility that cares for pet animals for less than 12 consecutive hours in the absence of the pet owner or a facility that cares for pet animals in training with or without the facility owner receiving compensation for such services.

[Added by Ord. No. 2451, 11/16/2020]

APARTMENT

Multi-family dwelling units where individual dwelling units share a common access. Each unit shares with other units a common yard area.

APPLICATION FOR DEVELOPMENT

Every application, whether preliminary, tentative or final required to be filed and approved prior to start of construction or development including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.

ARCADE

An amusement establishment in which coin-operated devices for entertainment which may be operated by the insertion of coins of varying denominations, discs, slugs, tokens or any other means are the primary source of business, and other retail or eating activities are secondary activities.

AREA

A. FLOOR AREA (GROSS) The sum of the areas of the several floors of the building or structure, as measured from the exterior faces of the walls. It does not include basements, unenclosed porches, attics not usable for human occupancy, nor any floor space in an accessory building nor in the main building intended or designed for the parking of motor vehicles in order to meet the parking requirements of this chapter, nor any such floor space intended and designed for accessory heating and ventilating equipment.

B. LOT AREA The area contained within the property lines of the individual parcels of land shown on a subdivision plan or required by this chapter, excluding any area within an existing or designated future street right-of-way, or the area of any easement which would interfere with the proposed use. For all proposed residential uses having a lot area greater than one acre, there shall be an area within the overall lot of at least one acre for the primary building, accessory building, driveways, parking areas and on-site sewer and water systems. This area shall not contain floodplains, lakes, ponds, or watercourses. For all proposed residential uses having a lot area of one acre or less, the lot area shall not contain any of these noted natural features. Lots with natural features must comply with the requirements of § 27-1402, "Environmental Performance Standards," when the lot is developed.

ARRAY

Any number of electrically connected photovoltaic (PV) modules providing a single electrical output.

[Added by Ord. 2355, 8/3/2015]

ARTERIAL STREET

A major street serving as a principal or heavy traffic street of considerable continuity and used primarily as a traffic artery for intercommunications between large areas.

BANK

An establishment for the custody, loan, exchange or issue of money; the office of a banking company.

BASEMENT OR CELLAR

An enclosed area partly or completely below grade. No basement or cellar in a dwelling may contain a dwelling unit.

BED-AND-BREAKFAST

A single-family detached dwelling containing one or more guest or spare bedrooms that provides lodging for one or more days for compensation and in which meals for lodgers may or may not be provided. This use includes dwellings listed on reservation websites where owners list a spare room, apartment or house for rent. This use shall not include group homes.

[Amended by Ord. No. 2435, 12/2/2019]

BOARD

Refers to the Ross Township Zoning Hearing Board.

BOARDER

A person occupying any room or group of rooms forming a single, habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation for lodging or board by prearrangement for a week or more at a time to an owner or operator. Any person occupying such room or rooms and paying such compensation without rearrangement or for less than a week at a time shall be classified for purposes of this chapter not as a roomer, boarder or lodger, but as a guest of a commercial lodging establishment (motel or hotel).

BOARDING OR ROOMING HOUSE

A dwelling, or part thereof, in which lodging is provided for compensation by an owner or operator to three or more nontransient adults who are unrelated to the provider, and who require no special assistance or service beyond food and shelter.

BUILDABLE AREA

The portion of lot bounded by required yards.

BUILDING

A structure under roof, used for the shelter or enclosure of persons or property. The word "building" shall include any part thereof and refers to the main building.

[Amended by Ord. No. 2380, 1/17/2017]

A. BUILDING, ACCESSORY A subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building. Any portion of the principal building devoted to an accessory use is not an accessory building. An accessory building shall be any structure meeting the definition of a "building," as defined herein, which shall include but not be limited to: garages, storage sheds (not to include small equipment storage closets and/or chests), guest houses, and domestic servant or caretaker living quarters for those employed on the premises.

B. BUILDING, PRINCIPAL A building in which is conducted, or is intended to be conducted, the primary use of the lot on which it is located.

BUILDING CODE OFFICIAL

The person appointed by the Township to such office who holds a valid certification card from the Commonwealth of Pennsylvania, Department of Labor and Industry, as a Building Code Official.

BUILDING COVERAGE

The total horizontal area covered by all buildings, including the main structure and all accessory structures on a lot divided by the lot area of that lot expressed as a percentage. Accessory structures include any covered enclosures.

BUILDING HEIGHT

A vertical distance measured from the average elevation of the proposed finished grade around and at the structure to the highest point of the roof and flat roofs, to the deck lines of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

BUILDING-INTEGRATED SYSTEM

A solar photovoltaic system that is constructed as an integral part of a principal or accessory building or structure and where the building-integrated system features maintain a uniform profile or surface of vertical walls, window openings, and roofing. Such a system is used in lieu of a separate mechanical device, replacing or substituting for an architectural or structural component of the building or structure that appends or interrupts the uniform surfaces of walls, window openings and roofing. A building-integrated system may occur within vertical facades, replacing view glass, spandrel glass or other facade material; into a semitransparent skylight system; into roofing systems, replacing traditional roofing materials; or other building or structure envelope systems.

[Added by Ord. 2355, 8/3/2015]

BUILDING LINE

A line parallel to the lot line, a distance therefrom as prescribed in this chapter for a required yard and where there is no required yard, then the lot line.

BUILDING-MOUNTED SYSTEM

A solar photovoltaic system attached to any part or type of roof on a building or structure that has an occupancy permit on file with the municipality and that is either the principal structure or an accessory structure on a recorded property. This system also includes any solar-based architectural elements.

[Added by Ord. 2355, 8/3/2015]

BUILDING SETBACK LINE

An established line within a property defining the minimum required distance between the face of any structure to be erected, and an adjacent right-of-way or street line.

BUILDING SPACING

The minimum distance between two buildings. The minimum building spacing shall be measured from the outermost wall or projection, excluding bay windows, chimneys, flues, columns, ornamental features, cornices and gutters. These exceptions may encroach no more than two feet.

CAR WASH

A building, or portion thereof, wherein: (1) one or more vehicles may be washed simultaneously using mechanized laundry equipment or (2) a self-service car wash within a partially enclosed structure.

CELL

The smallest basic solar electric device which generates electricity when exposed to light.

[Added by Ord. 2355, 8/3/2015]

CELLAR

See "basement."

CENTER LINE OF STREET

See "street."

COLLECTOR STREET

A street which carries traffic from minor streets to arterial or major streets including the principal entrance streets of a residential development and the streets for circulation within such a development.

COMMERCIAL LOGGING

The act of cutting live trees for cord wood, pulp, or any other commercial purpose, excepting there from the clearing of no more than one acre of wooded area on a lot per year or the clearing of land which is incidental to imminent development, as defined herein.

COMMERCIAL OUTDOOR DISPLAY AND STORAGE

A commercial activity in which merchandise is displayed and/or stored outdoors.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.

CONDITIONAL USE

A use permitted in a particular zoning district by the Board of Commissioners pursuant to the provisions of this chapter and Article VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.

CONSUMER FIREWORKS

[Added by Ord. No. 2409, 4/16/2018]

A. Any combustible or explosive composition or any substance or combination or substances which is intended to produce visible or audible effects by combustion, is suitable for use by the public, complies with the construction, performance, composition and labeling requirements promulgated by the consumer products safety commission in 16 CFR (relating to commercial practices) or any successor regulation and complies with the provisions for "consumer fireworks" as defined in APA 87-1.

B. The term does not include devices known as "ground and hand-held sparkling devices," "novelties" or "toy caps" in APA 87-1, the sale, possession and use of which shall be permitted at all times throughout the Township.

CONVERSION

The division of an existing single family detached dwelling to two or more apartments as defined herein.

COURT

An open, unoccupied space, other than a yard, bounded on two sides or more, with a building, and beginning at main floor or grade level unless otherwise permitted.

DAY-CARE FACILITY

An establishment in which care is provided for seven or more people at any one time, where the care areas are not being used as a family residence and the provider meets the requirements of day-care facilities as specified by the Commonwealth of Pennsylvania, Department of Public Welfare, the Township Building and Fire Codes, and which is registered with the Township.

DAY-CARE FACILITY, RESIDENTIAL

Day care in a single-family detached residence or a single-family party wall dwelling limited to six or fewer persons including persons under care related to the operator.

DECISION

Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the court of common pleas of the county and judicial district wherein the Township lies.

DENSITY

A. GROSS DENSITY That ratio of the total number of dwelling units to the total acreage comprising a given parcel.

B. NET DENSITY That ratio of the total number of dwelling units to the acreage within a given tract of land devoted to residential use, including streets, parking areas and open space, yards and courts which abut and serve residences, but exclusive of those areas devoted to common space, those areas containing grades (slopes) of 25% or greater after development, and those areas preserved by virtue of their significance or unique natural amenity.

DEPARTMENT OF HEALTH

The Department of Health of the Commonwealth of Pennsylvania.

[Added by Ord. No. 2390, 5/1/2017]

DETERMINATION

Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:

A. The Board of Commissioners.

B. The Zoning Hearing Board.

C. The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the Subdivision and Land Development Ordinance. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.

[Amended by Ord. No. 2371, 8/1/2016]

DEVELOPER

Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.

DEVELOPMENT PLAN

The provisions for development including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.

[Amended by Ord. No. 2371, 8/1/2016]

DRIPLINE

The outermost edge of a roof, including eaves, overhangs, and gutters.

[Added by Ord. 2355, 8/3/2015]

DRIVEWAY

A minor vehicular way providing access between a street and a parking area or garage within a lot or property.

DWELLING

A. DWELLING IN COMBINATION A single-family dwelling unit in combination with an existing or permitted office or commercial use, provided parking requirements for the nonresidential units are met.

B. DWELLING, PREFABRICATED A dwelling, the framework, siding, walls, floors, ceilings or roof of which is constructed at some point other than the lot upon which it is to be placed and the plans and specifications of which have been approved by the Planning Commission in the case of each and every application for a building permit therefor.

C. DWELLING UNIT Any room or group of rooms located within a residential building and forming a single, habitable unit with facilities used or intended to be used for living, sleeping, cooking and eating by one family.

EASEMENT

A grant of the specified use of a parcel of land to the public, a corporation or a person. Any structure within an easement shall conform to zoning district requirements in which it is located.

ENVIRONMENTALLY SENSITIVE AREA

An area that due to, but not limited to, steep slopes, wetlands, landslide prone hillsides, undermining, or watershed issues requires a more thorough evaluation of the impacts of development in order to protect the health, safety and general welfare of the community at large.

ENLARGEMENT

An addition to the floor area of an existing building, an increase in size of another structure, or an increase in that portion of a tract of land occupied by an existing use.

EROSION

The removal of surface materials by the action of natural elements.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution system, collection, communication, supply or disposal systems and their essential buildings.

FAMILY

One or more persons related by blood, foster relationship, marriage or adoption and in addition, any domestic servants or gratuitous guests thereof; or a group of not more than five persons who need not be so related, and in addition, domestic servants or gratuitous guests thereof, who are living together in a single, nonprofit dwelling unit and maintaining a common household with single cooking facilities. A roomer, boarder or lodger shall not be considered a member of the family.

FENCE

A barrier constructed of materials other than shrubbery and erected for the purpose of protection, confinement, enclosure or privacy.

A. FENCE, PRIVACY A fence erected or constructed to block the view of the enclosed property.

B. FENCE, SECURITY A fence erected or constructed to serve as a barrier to persons, animals or vehicles entering the property.

FLAG

A piece of cloth or similar material varying in size, color and design, used as a symbol, standard or emblem.

FLOODPLAIN

Any streams, ponds or lakes subject to a one-hundred-year recurrence-interval flood as delineated by the U.S. Army Corps of Engineers or subject to erosion caused by a one-hundred-year recurrence-interval flood In addition, any areas identified in the future by anyone else expert and experienced in the preparation of hydrological studies and the determination of flood lines, subject to the review and approval of a professional engineer selected by the Township.

FLOOR AREA

See "area," Subsection (1).

FORESTRY

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

FRATERNAL ORGANIZATION MEETING FACILITY

Land and buildings used by a nonprofit fraternal organization, which organization is dedicated primarily to the education, entertainment and betterment of its members and to charitable purposes; the use of which land and buildings may include lodge and meeting rooms, auditorium and related stage facilities, office areas ancillary to the activities of the nonprofit fraternal organization and related uses.

FRONTAGE

All the property, measured along the street line, fronting on one side of a street between intersections or intersecting streets, or a street and waterway, or right-of-way, or end of dead-end street, or municipal boundary.

GARAGE

A building or portion thereof to be used for the storage or servicing of vehicles, but not including automobile sales.

A. COMMUNITY GARAGE A garage, one story in height, arranged with a common means of access for the use of the occupants of the same, or adjacent or nearby property, or customers or organization members.

B. PRIVATE GARAGE A garage with a capacity of not more than three vehicles for storage only, in which space for only one vehicle may be rented to a person who is not an occupant of the premises.

C. PUBLIC GARAGE Any garage available to the general public not included within the definition of "private garage." This includes public parking structures or ramps.

GREENHOUSE

A business, the primary function of which is the sale of plants, shrubbery, trees, tools and equipment related thereto.

GROUND-MOUNTED SYSTEM

A solar photovoltaic system mounted on a structure, pole or series of poles constructed specifically to support the photovoltaic system and not attached to any other structure.

[Added by Ord. 2355, 8/3/2015]

GROUP CARE FACILITY

A facility, licensed or certified by a governmental or sponsoring agency, which provided room and board and specialized services for six or more residents who are mentally or physically handicapped or any number of residents who are recovering alcoholics, abused or battered persons, persons in a prison work-release program or delinquent children adjudicated by the criminal court system under the age of 18 who are in need of supervision for specialized health, social and/or rehabilitative services.

GROUP HOME

A. A dwelling where room and board is provided to not more than five permanent residents, including and limited to dependent children (excluding those adjudicated by the criminal court system), mentally retarded or physically handicapped persons of any age or elderly persons, 62 or more years of age, who are in need of supervision and specialized services and no more than two supervisors on any shift who may or may not reside in the dwelling and who provide health, social and/or rehabilitative services to the residents. The services shall be provided only by a governmental agency, its licensed or certified agents, or any other responsible nonprofit social services corporation and the facility shall meet the minimum requirements of the sponsoring agency.

B. A group home shall be considered a single family dwelling and shall be authorized wherever a single family dwelling is permitted subject to the requirements of the district applicable to single-family dwellings.

HEALTH CARE CAMPUS WITH ANCILLARY RETAIL

A full scale health services community and campus and hospital complex or any elements thereof, which shall include any one or more of the following uses: hospitals; clinics, weight loss clinics; teaching and research facilities; heliports and related facilities; laboratories; supply facilities for medical equipment and accessories (e.g., dentures, geriatric aids, wheelchairs, crutches, walkers, home beds and bathroom accessories for the disabled, hairpieces, wigs and other hair products for cancer patients, hearing aids, orthopedics, oxygen tanks, prosthetics, sports medicine bicycles, weights and whirlpools, uniforms, lab equipment and religious supplies); child care facilities; nursing facilities; nursing homes; sports medicine facilities; life care facilities (long term care, skilled nursing and continuing care facilities); dormitories; hotels, motels and other lodging which are primarily accessory or incidental to the operation of a health care campus; parking, including parking structures; conference centers; automated teller machines ("ATM"); hospital related pharmacies; medical school bookstore; auto center for the maintenance of hospital/medical vehicles; post office substation (as opposed to a full-service post office); food preparation and serving facilities; and medical office buildings, health care administrative buildings and other office buildings primarily incidental or accessory to the operations of the health care campus or other health related operations. Ancillary retail shall mean retail businesses, including but not limited to, retail shops, barber and beauty shops, dry cleaners and shoe repair shops, banking facilities, pharmacies (other than hospital related) and restaurants which are primarily accessory or incidental to the operation of a health care campus.

HIGHWAY, MAJOR

A street or road of considerable continuity used primarily as a traffic artery.

HOME OCCUPATION

An activity for gain customarily carried on in a dwelling clearly incidental and secondary to the use of the dwelling for residential purposes.

HOSPITAL

An establishment (including sanitariums) for the short-term care of patients suffering from physical or mental illnesses, but not including narcotics addiction or those found to be criminally insane, and which may or may not include facilities for major surgery and which may be publicly or privately operated.

HOUSING FOR THE ELDERLY

A residential building containing three or more dwelling units where each dwelling unit is designed to be occupied by at least one person who is 55 years of age or older and which may contain special accessory features associated with the needs of the elderly which are not usual in the construction of multifamily dwellings including, but not limited to, common dining facilities, branch post offices, personal services, gift shops, pharmacies, medical offices and similar facilities.

HVAC

Equipment used to heat, cool or ventilate a structure.

[Added by Ord. 2355, 8/3/2015]

IMMINENT DEVELOPMENT

Development which is reasonably expected to commence, and for which there are realistic plans to commence, on a minimum eight hours per day, 40 hours per week basis, utilizing a five on, two off standard work week basis within 30 days of the completed cutting activated and for which a development plan has been submitted and approved by the Township.

IMPERVIOUS SURFACE

A surface that prevents or retards the infiltration of water into the soil and/or a hard surface area that causes water to run off the surface of the ground in greater quantities or at an increased rate of flow from the conditions prior to development, construction, building or installation.

[Amended by Ord. 2355, 8/3/2015]

INTERCONNECTION

The technical and practical link between the solar generator and the grid providing electricity to the greater community.

[Added by Ord. 2355, 8/3/2015]

INTERMEDIATE NURSING CARE

Health-related care and services, above the level of room and board, provided on a regular basis to resident individuals who do not require hospital or skilled nursing care, but who, because of mental or physical condition, require services under a plan of care supervised by licensed and qualified personnel.

JUNKYARD

An area of land, with or without buildings, used for the storage outside of a completely enclosed building, or used or discarded materials including, but not limited to, waste paper, rags, glass, metal, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same.

KENNEL

The breeding, leasing, buying, sale, exchange, placement, boarding, training, grooming, or housing of more than four domestic animals for compensation or profit in any indoor facility wherein the animals cannot stray therefrom. Domestic animals shall be limited to dogs, cats, and other such species as may be considered pets in a residential setting.

[Added by Ord. No. 2451, 11/16/2020]

KILOWATT (kW)

A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used. One thousand kW is equal to one megawatt (MW).

[Added by Ord. 2355, 8/3/2015]

LAKES AND PONDS

Natural or artificial bodies of water which retain water year-around. Artificial ponds may be created by dams or result from excavation. The shoreline of such water bodies shall be measured from the maximum condition rather than permanent pool if there is any difference. Lakes are bodies of water two acres in extent.

LANDSCAPE CONTRACTING AND SUPPLY BUSINESS

A commercial landscaping contractor business that includes the storage of vehicles, equipment and landscape supplies for the commercial sale, transportation and installation of landscape supply materials.

LANDSCAPE SUPPLIES

Includes, but is not limited to, mulch, compost, manure, fertilizer, topsoil, aggregate, and the vehicles and equipment associated with the sale, transportation and installation of landscape supply materials.

LANDSCAPE SUPPLY BUSINESS

The commercial outdoor storage, display and/or sale of landscape supplies.

LODGER

See "boarder."

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

A. CORNER LOT A lot which has an interior angle of less than 135° at the intersection of two street lines.

B. DEPTH OF LOT The mean distance from the street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.

C. LEGAL LOT A legally-created parcel held under separate ownership at the time of the enactment of this chapter or a lot in a plan of lots or subdivision plat of record on the date of the enactment of this chapter or a lot in a plan of lots or subdivision plat of record on the date of the enactment of Zoning Ord. 446, November 28, 1949, that is shown to be either a separate and distinct numbered lot, or a lot at least equal in area to the recorded lots in the same plan; also a separate and distinct numbered lot in a plan of lots or subdivision plan officially and authoritatively approved subsequent to November 28, 1949.

D. LOT AREA See "area."

E. LOT COVERAGE The percent of lot area covered by buildings or structures including all buildings, sidewalks, access drives, parking areas and stormwater management facilities.

F. LOT WIDTH The distance measured between the side lot lines at the required building setback line. In a case where there is only one side lot line, lot width shall be measured between such side lot line and opposite rear lot line or street line.

G. NONCONFORMING LOT A lot the area or dimension of which was lawful prior to the adoption 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 or amendment.

H. THROUGH (INTERIOR) LOT An interior lot having frontage on two parallel or approximately parallel streets.

I. ZONING LOT A parcel of land that is designated by its owner at the time of applying for a building permit as one lot, all of which is to be used, developed or built upon as a unit under single ownership.

LOT LINES

Any boundary line of a lot.

A. LOT LINE, FRONT See "street line."

B. LOT LINE, REAR Any lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line and except that in the case of a corner lot, the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a rear lot line. In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line furthest from any street shall be considered a rear lot line.

C. LOT LINE, SIDE Any lot line which is not a street line or a rear lot line.

MEDICAL MARIJUANA

Marijuana for certified medical use as set forth in the Medical Marijuana Act and any subsequent amendments thereto.

[Added by Ord. No. 2390, 5/1/2017]

MEDICAL MARIJUANA ACT

Act 16 of 2016, 35 P.S. § 10231.101 et seq.

[Added by Ord. No. 2390, 5/1/2017]

MEDICAL MARIJUANA DISPENSARY

A person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, which is properly registered by the Department of Health to dispense medical marijuana pursuant to the Medical Marijuana Act.

[Added by Ord. No. 2390, 5/1/2017]

MEDICAL MARIJUANA GROWER/PROCESSOR

A person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, which is properly registered by the Department of Health to grow and process medical marijuana pursuant to the Medical Marijuana Act.

[Added by Ord. No. 2390, 5/1/2017]

MIXED USE OR OCCUPANCY

The use of one building for two or more purposes.

MOBILE HOME

A transportable, single family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

MOBILE HOME PARK

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

MODULE

The smallest protected assembly of interconnected PV cells.

[Added by Ord. 2355, 8/3/2015]

MUNICIPAL AUTHORITY

A body politic and corporate created pursuant to the Act of May 2, 1945, P.L. 382, No. 164, known as the "Municipalities Authority Act of 1945, 53 P.S. § 301 et seq."

NET METERING AGREEMENT

An agreement with a local electric utility that allows customers to receive a credit for surplus electricity generated by certain renewable energy systems.

[Added by Ord. 2355, 8/3/2015]

NONCONFORMING LOT

A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the use or extent of use provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

NONCONFORMING USE

A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.

NURSING HOME

A facility licensed to operate as such by the Commonwealth of Pennsylvania for the purpose of providing skilled or intermediate nursing care and related medical or other health services.

PARKING

A. PARKING AREA, PRIVATE An open off-street area other than a private road or way (with adequate means of access), used exclusively for the parking of automobiles of occupants of the premises.

B. PARKING AREA, PUBLIC; PARKING LOT, PUBLIC An open off-street area other than a private road or way (with adequate means of access), available to the general public for the parking of motor vehicles.

PENNANT

A narrow flag that tapers to a point, triangular in shape or a banner rectangular in shape, affixed to a wall of a building or between posts or trees, used for gaining attention or identification or used as an emblem.

PERSONAL CARE BOARDING HOME

A facility licensed by the Commonwealth of Pennsylvania located within a dwelling where room and board is provided to more than three permanent residents who are not relatives of the operator and who are mobile or semi-mobile and require specialized services in such matters as bathing, dressing, diet and medication prescribed for self-administration for a period exceeding 24 hours, but who are not in need of hospitalization or skilled or intermediate nursing care.

PHOTOVOLTAIC (PY)

A semiconductor-based device that converts light directly into electricity.[2]

[Added by Ord. 2355, 8/3/2015]

PRINCIPAL

A. PRINCIPAL BUILDING See "building."

B. PRINCIPAL USE See "use."

PRIVATE

Any procedure, function or establishment limited to members of an organization or to other persons specifically invited or permitted where no advertisement or inducement has been made to the general public.

PRIVATE STREET

A private way used or intended to be used for passage by motor vehicles.

PUBLIC

Of, or pertaining to, buildings, structures, uses or activities belonging to, or affecting, any duly authorized governmental body, available for common or general uses by all.

PUBLIC GROUNDS

Includes:

A. Parks, playgrounds, trails, paths and other recreational areas and other public areas.

B. Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.

C. Publicly owned or operated scenic and historic sites.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Board of Commissioners or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.

PUBLIC MEETING

A forum held pursuant to notice under the Sunshine Act, 65 Pa.C.S.A. § 701 et seq.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

PUBLIC RECREATION

Leisure-time activities including, but not limited to, sports and entertainment, that are open to anyone without restriction, except for rules and standards of conduct and use.

PUBLIC SERVICE CORPORATION STATION

Land or a building and its equipment erected and used for the purpose of facilitating service to the public, including off-street loading facilities for public conveyances; but where approved by the Public Utility Commission for location in a residential district, shall not include public business office facilities, storage of materials, trucks or repair facilities, or housing or repair crews. See also "essential services."

RECREATIONAL USE

The utilization of land, buildings and structures for athletic or educational amusement and/or diversion, providing that facilities are erected on such land, for the accommodation of such use, such land, buildings, structures and facilities being owned and operated by a person, firm, corporation, association, charity, or other entity.

RELIGIOUS WORSHIP, PLACE

Any structure or structures used for worship or religious instruction, including social and administrative rooms, and day-care facilities accessory thereto, but not including any activity conducted for profit.

REPORT

Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.

RESTAURANT

An establishment designed and operated for the express purpose of providing food and beverages service within the confines of a structure and generally excluding any encouragement, orientation or accommodation of services or products to the patron's automobiles on or within the premises. The sale of alcoholic beverages must be incidental to the sale and consumption of food.

A. HIGH TURNOVER An restaurant where food is inexpensive or moderately prices and the customer turnover time is generally less than one hour, including drive-in and take out establishments.

B. LOW TURNOVER An restaurant where food is more expensive and where the customer turnover time is generally one hour or longer.

C. FAST FOOD An restaurant characterized by a limited menu and generally catering to drive-through traffic.

RETAIL SALES AND SERVICE

[Added by Ord. No. 2409, 4/16/2018]

A. An establishment which sells products and/or services directly to consumers, which may include wholesale sales as an accessory use, provided the area devoted to wholesale sales constitutes no more than 25%, of the gross floor area of the establishment, but not including the manufacturing or processing of any products on the site.

B. This definition does not include "retail sales and service, consumer fireworks," as defined in this chapter.

RETAIL SALES AND SERVICE, CONSUMER FIREWORKS

A permanent establishment which sells consumer fireworks directly to consumers. This definition does not include the sale of display fireworks, as defined by Act 43.

[Added by Ord. No. 2409, 4/16/2018]

RETAIL SALES AREA

That area of a structure used for displays and sales purposes involving stocks of goods, wares or merchandise incidental to such purposes and accessible to the public; including, but not limited to, retail stores, shops, sales rooms and markets.

RIGHT-OF-WAY

A. EXISTING RIGHT-OF-WAY The legal right-of-way as established by the commonwealth or other appropriate governing authority and currently in existence.

B. FUTURE-RIGHT-OF-WAY The right-of-way deemed necessary as appropriate to provide adequate width for future street improvements.

C. RIGHT-OF-WAY Land set aside for use as a street, alley or other means of travel. With respect to use by utilities, see "easement."

ROOMER

See "boarder."

SCHOOL

Any public, private or parochial place of instruction having regular sessions, with regularly employed instructors, which teaches those academic subjects that are fundamental and essential in general education and which provide pre-primary and or kindergarten through twelfth grade, or a vocational school, all meeting the requirements of the Department of Education of the Commonwealth of Pennsylvania, but excluding any privately operated school of trades, vocations, avocations or business.

SELF-STORAGE MINI WAREHOUSE

A building or grow of buildings containing one or more individual compartmentalized storage units for inside storage of customers goods or wares where no unit exceeds 500 square feet in floor area.

SEMI-PRIVATE

Nonprofit organizations requiring registration and/or membership including fraternal organizations, lodges, swimming clubs, tennis clubs or other athletic clubs.

SEMI-PUBLIC

Places of religious worship, parsonages and other related functions, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature.

SEWER (SANITARY)

A. PRIVATE SEWER An "on-lot" disposal system providing for disposal of effluent for one building and its accessory building on a single lot subject to the approval of the Allegheny County Board of Health.

B. PUBLIC SEWER Any sewer system, owned and operated by the Township or authority created by the Township, in which sewage is collected from more than one lot and piped to an approved sewage disposal plant or central septic tank disposal system. It may also be referred to as an "off-site" sewer. This shall include capped sewers when installed to Township specifications.

SHOPPING CENTER

A group of retail stores and other authorized uses, developed as a single entity on a site whether developed at one time or in phases or by different owners.

SINGLE-FAMILY DETACHED

Dwellings for the purpose of housing a single-family as defined herein, situated on individual lots with no public or community open space. All dwelling units shall be situated on permanent masonry foundations, including footings constructed below the frost line. Sometimes also referred to in this chapter as "one-family dwelling."

SITE

Shall be defined as a parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots.

SITE AREA

All land area within the site as defined in the deed. Actual area shall be from actual site survey rather than deed description.

SKILLED CARE

Professionally supervised nursing care and related medical or other health services provided for a period exceeding 24 hours to an individual who is not in need of hospitalization but whose needs are such that they can only be met in a nursing home on an inpatient basis and who needs the care because of age, illness, disease, injury, convalescence or physical or mental infirmity. This term includes the provision of daily inpatient services that are needed on a daily basis by the patient, ordered by a physician, which require the skills of and are furnished directly by or under the supervision of technical or professional personnel including, but not limited to, registered nurses, licensed practical nurses, physical therapists, occupational therapists, speech pathologists or audiologists.

SLOPES

The ratio of the vertical change in elevation of land over a specified distance, often expressed as a percent.

SOLAR-BASED ARCHITECTURAL ELEMENT

A structural/architectural element that provides protection from weather, that includes awnings, canopies, porches or sunshades, and that is constructed with the primary covering consisting of solar PV modules, and may or may not include additional solar PV related equipment.

[Added by Ord. 2355, 8/3/2015]

SOLAR PHOTOVOLTAIC (PV) RELATED EQUIPMENT

Items including a solar photovoltaic cell, panel or array, lines, mounting brackets, framing and foundations used for or intended to be used for collection of solar energy.

[Added by Ord. 2355, 8/3/2015]

SOLAR PHOTOVOLTAIC (PV) SYSTEM

A solar collection system consisting of one or more buildings and/or ground-mounted systems, solar photovoltaic cells, panels or arrays and solar related equipment that rely upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation. A solar PV system is a generation system with a nameplate capacity of not greater than 50 kilowatts if installed at a residential service or not larger than 3,000 kilowatts at other customer service locations and does not produce excess on-site energy greater than currently permitted by Pennsylvania Public Utility Commission guidelines.

[Added by Ord. 2355, 8/3/2015]

SPECIAL EXCEPTION

A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq., 10901 et seq.

STORY (OF A BUILDING)

That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. A basement shall be considered a building story if more than one-third of the walls are five feet or more above the average exterior grade.

STREET

Includes, street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.

STREET LINE

The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way provided that where a future right-of-way width for a road or street has been established, then that width shall determine the location of the street line.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

A. STRUCTURE, ACCESSORY RESIDENTIAL Includes, but shall not be limited to: parking areas for personally owned vehicles, fences, retaining/decorative walls, bathhouses, private greenhouses, carports, and recreational facilities such as tennis courts, basketball courts and swimming pools.

[Amended by Ord. No. 2380, 1/17/2017]

B. STRUCTURE, ACCESSORY COMMERCIAL Includes, commercial accessory buildings or structures, or uses customarily incidental to the uses permitted in the commercial and industrial districts in connection with such uses, except outside storage.

STRUCTURAL ALTERATION

Any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SWIMMING POOL

Any pool which is constructed, used or maintained to provide recreational facilities for swimming, bathing or wading, and which is capable of containing water to a depth of greater than 12 inches and all buildings, equipment and appurtenances thereto.

TAVERN

An establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board.

TEMPORARY RETAIL SALES AND SERVICE, CONSUMER FIREWORKS

A structure, other than a permanent facility with fixed utility connections, which is in use or in place for a period of 20 consecutive calendar days or less and is dedicated to the storage and sale of consumer fireworks and related items. The sales period permitted in such a structure is limited to June 15 through July 8 and December 21 through January 2 of each year. This definition does not include the sale of display fireworks, as defined by Act 43.

[Added by Ord. No. 2409, 4/16/2018]

TOWNHOUSE

Single-family, attached dwelling unit, with one dwelling unit from ground to roof, having no more than two walls in common and each unit having individual outside access. In any one structure containing townhouses, three units is the minimum number permitted and six units is the maximum number permitted.

TOWNSHIP

"Township" refers to the Township of Ross.

TRACKING SYSTEM

A number of photovoltaic modules mounted such that they track the movement of the sun across the sky to maximize energy production, either with a single-axis or dual-axis mechanism.

[Added by Ord. 2355, 8/3/2015]

TWO-FAMILY DWELLING

Single-family, semi-detached dwelling unit having only one wall in common with another dwelling unit. Duplex and double house are both two-family dwelling unit types.

UNREGULATED YARD AREA

Area not within a building and not in a defined setback or yard area.

[Added by Ord. 2355, 8/3/2015]

USE

Any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land.

A. USE, ACCESSORY A use located on the same lot with a main use and clearly incidental or subordinate to and in connection with the principal use.

B. USE, MAIN The primary use on a lot.

C. USE, TEMPORARY PRINCIPAL A primary use of a land site or portion of a land site for a temporary period of time. This includes, but is not limited to, carnivals, circuses, outdoor gatherings (not neighborhood block parties), fairs, street vendors and/or seasonal/holiday events or sales.

D. USE, TEMPORARY ACCESSORY Activities and facilities accessory to the development and construction of a permanent principal use or dwelling, usually a mobile home, temporarily allowed on the same lot with a permanent principal dwelling. Land development accessory uses include, but are not limited to, tents, trailers and mobile home offices for contractors, caretakers, equipment storage, real estate sales office and model home.

UTILITIES

Those services customarily rendered by public utility corporations, municipalities or municipal authorities in the nature of electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services (buildings, wires, pipes, poles and the like).

VARIANCE

Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.

VEHICLE SALVAGE YARD

Any land or structure used for a salvaging operation of two or more unlicensed, inoperative vehicles. Salvaging includes storage and sale of vehicular parts or vehicles.

WATER SURVEY

An inventory of the source, quantity, yield and use of groundwater and surface-water resources within the Township.

WAY

Dedicated public or private thoroughfare other than a street. Not to be construed to include right-of-way.

WIRELESS COMMUNICATIONS ANTENNA

Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas.

WIRELESS COMMUNICATIONS TOWER

A structure other than a building, such as a monopole, self-supporting lattice or guyed tower, designed and used to support wireless communications antennas.

WIRELESS COMMUNICATIONS EQUIPMENT BUILDING

An unmanned building or cabinet containing solely the communications equipment required for the operation of communications antennas.

WOODLANDS

Areas, groves or stands of mature or largely mature trees (i.e., greater than six inches caliper (diameter) at a height of 14 inches above the ground, covering an area greater than 1/4 of an acre; or groves of mature trees greater than 12 inches caliper at a height of 14 inches above the ground consisting of more than 10 individual trees.

YARD

An open space unobstructed from the ground up, on the same lot with a structure extending along a lot line or street line and inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or street line.[3]

[Amended by Ord. No. 2470, 9/20/2021]

A. YARD, FRONT The area between a structure and a street and extending the entire length of the street line. For the purpose of identifying the various yards, the front yard shall be the area as described between the street and front door.

B. YARD, REAR A yard between a structure and a rear lot line and extending the entire length of the rear lot line. For the purpose of identifying the various yards, the rear yard shall be the yard opposite of the front yard.

C. YARD, SIDE A yard between a structure and a site lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.

ZERO LOT LINE

Single-family detached dwelling unit located in such a manner that one or more of the building's sides rests directly on a lot line.

ZONING DISTRICT

A section of the Township for which uniform regulations governing the use, height, area density and intensity of use of buildings and land and open space about buildings are herein established.

ZONING ORDINANCE

Ord. 2035, 12/9/2002 as amended which is codified as this chapter.

[1] Editor's Note: See 72 P.S. § 7101 et seq.

[2] Editor's Note: The definition of "planned residential development," which immediately followed this definition, was repealed 8/1/2016 by Ord. No. 2371.

[3] Editor's Note: See the yard designation illustrations included in Attachment 4, Design Details.