CHAPTER 27

ZaNING

5100. 5101. 5 102. 5103. 5 104. 5105. 5 106 . 5 107. 5 108. 5 109.

Purposes and Objectives

General Statement Land Use Historic Preservation €lousing Community Facilities Transportation Interutunicipal Cooperation Economy Natural Features Energy

.- -

Part 2 General Provisions

5200. Short Title 5201. Interpretation 5202. Effect of Zoning Regulations 5203. Classification of Districts 5204. Zoning Map 5205. District Boundaries 5206. Definitions

Part 3

Residence District Regulations

9300. Statement of Intent 5301. R-1 Single Family Residence 5302. R-2 General Residence District 5303. R-3 Multi-Family Residence District

Part 4 Comercia1 District Regulations

5400. Statement of Intent. 1401. B-Business Districts

- 377 -

1500. 5501. 1502.

5 600. 5601. 5602. 5603. 5604. 5605. 5606. 5607. 5608.

) I

\

.I v; Par C''5

Indus t r ia 1 D i s t I& t Regulations A,

+ , Statement of Intent I- 1 1-2

A l l

Light I n d u s t r i a l Districts General I n d u s t r i a l D i s t r i c t s

P a r t 6

Supplementary Regulations

D i s t r i c t s Residence Districts Non-Residence Districts Parking and Loading Regulations Sign Requirements

NonconfoGiiig Buildings, Use hnd Lots Flood Pla in Management Regulations Storage Lockers

swimming Pools

P a r t 7 Administration

5700. Enforcement 5701. Zoning Officer 5702. Building Permits 5703. C e r t i f i c a t e s of Zoning Approval 5704. Fees 5705. S i t e Plan Approval

5 800. 5801. 5802. 5803. 5804. 5805. 5806. 5807. 5808. 5809.

P a r t 8

Zoning Hearing Board

Establishment Membership Remova 1 Organization of the Board Rules Functions of t h e Board Meetings Hearings Appeals t o the Board Appeal t o Court

t r

i .

- 378 - Page revised 1/14/1988

1 i.

Amendments, Penalties, Valid Severability, Repealer and

I

5900. Amendments §901. Penalties 5902. Validity and Severability 5903. Repealer 5904. Effective Date

Part 10 New Motor Vehicle Business Operations

81001. Definitions 51002. New Motor Vehicle Business Operation Prohibited 11003.

51004. 11005.

51006. Penalty

Expansbn of Current Motor Vehicle Related Business by Special Exce p ti on Definition of "New Motor Vehicle Related Business Operation" Storage of Motor Vehicle Nuisances by Motor Vehicle Related Business

e:;::: . . . . . . ,

. . .... .- .-. .

Page revised 12/14/1989 - 379 -

- 380 -

i (27, 1100)

Purposes bind Objectives ‘I, i . . 5 %

(27, 5100)

5100. General. This Chapter isLenacted for the purpose of promoting the public health, safety, morals, general welfare, and practical and coordinated community development, in &cordance with Article -VI of Act 247 of 1968 as amended, known as the Pennsylvania Municipalities Planning Code.

This statement is adapted from the Borough of Trainer Comprehensive Plan as amended, contained in the Joint Comprehensive Plan; Trainer, Marcus Hook, Lower Chichester, Upper Chichester. This statement establishes objectives which should be pursued and all opportunities to achieve them should be undertaken. These objectives provide a guide for development programs and, to remain relevant, they must be periodically reevaluated.

(Ord. 530, 9/8/1983, 1100)

1101. Land Use.

1. Municipal Objectives - The residents of the Borough of Trainer have expressed desires similar to those of residents in many other communities. They want a safe and prosperous town which provides an attractive living environment. They also want to be sure that once their community achieves such a state, it will .be maintained. The objectives presented below are designed to move the Borough in the direction of its desires and to promote their long-term maintenance.

A. Limit the encroachment of industrial uses into existing

B. Minimize conflicts between the diverse categories of existing

C. Preserve and improve open space and recreational areas,

neighborhoods.

land uses and projected future uses.

taking special advantage of floodplains and transmission lines.

f .

D. Protect the character and condition of the built environment through enforcement of appropriate zoning, housing and building codes.

E. New commercial development in this area should be focused on meeting the needs of the local community. In this regard, any increase or expansion of auto-related retail operations should be severly restricted since the existing services are more than sufficient to meet local demands. Efforts should be made to encourage new business development that will provide desired goods and services not currently available in the community.

(Ord. 530, 9/8/1983, 5101)

5 102. Historic Preservation

1. Objectives - Several outstanding reasons for a common sense approach to conservation include efforts to:

- 381 -

(27, 5102, cont'd)

... ! ... ,.,. .I I . . .,, - . ... (27, 1102,

y I. '

A. Maintain local pride inria well defined community created by a dozen or more genera{+ons of forebearers.

cont ' d)

identity,

B. Ensure the ability to dea1:with current circumstances, based

C. Preserve the visual quality of older architecture in sharp

D. Enhance the appreciation of a family (or business) that

E. Recognize the worth of craftsmanship and quality of materials

F. Avoid dislocation of established cornunity bonds through

G. Establish a demand for labor-intensive renovation activities

on an understanding of the past.

contrast to an otherwise mediocre or sterile urban landscape.

possesses a unique place, unlike mass produced, structural boxes.

in older structures as a factor of fair market price.

rehabilitating rather than demolishing older neighborhoods.

as well as machine-intensive new construction. (Ord. 530, 9/8/19&3, 5102)

5 103. Housing. 1. Objectives -

A. Discourage the intrusion of land uses that disrupt stable residential environments and affect neighborhood quality.

B. Develop a housing inspection expertise that can be shared by several communities to prevent gradual housing deterioration.

C. Develop mechanisms that encourage both the private and public rehabilitation of housing units.

D. Encourage the use of innovative approaches to development, including the cluster approach.

E. Improve development controls through revised and tightened ordinances and more consistent enforcement.

F. Ensure the availability of sound, affordable housing to all income and racial groups through appropriate zoning, taxing and incentive techniques.

(Ord. 530, 9/8/1983, 5102)

5104. Community Facilities. 1. General Objectives -

A. Coordinate new and existing facilities and services among all four municipalities to avoid unnecessary duplication of efforts and expenditures.

B . Project the effects of new physical development and coordinate these impacts with the capability of the existing community service providers or with a reasonable and economically feasible extension of such services.

- 382 -

(27, § 1 0 4 ( 2 ) ) (27, § 1 0 4 ( 2 ) )

2. Basic Infrastructure Objec kiC $ves - A. Assure proper col&ection, treatment and disposal of

wastewater generated in the Study Area, B. Develop and maintain a safe and efficient system for handling

naturally occurring storm water. C. Ensure a safe and adequate supply of potable water to meet

the needs of area residents, businesses and industries. D. Investigate the potential for a cooperative refuse collection

and disposal system that is coordinated with the County plan which is now being revised.

3.

A. Provide improved protection for the Study Area through the combined use of various police and fire specialists and of sophisticated police and fire equipment.

B. Reduce overall protection costs through mass purchase of police d-fire equipment and elimination of unnecessary duplication of equipment or services.

C, Achieve and maintain the highest fire insurance rating consistent with the volunteer nature of local fire companies.

D. Investigate procedures for improving the provision of adequate health care to the Study Area. 4. Public Facilities Objectives -

A. Improve communication between the Chichester School District and the four municipalities that comprise it through the establishment of some formal, regularly scheduled, communication process.

B. Investigate the potential for expanded public library services to the Study Area, focusing on. the role of the existing Mary Campbell Library in Marcus Hook.

C. Maintain existing public building in an efficient and functional state and improve or expand them when necessary.

2 \ -,

f

Public Health and Safety Objectives -

D. Develop a cooperative network of both active and passive . recreational facilities that includes existing areas and takes advantage of new opportunities including dedicated areas, floodplains and transmission line right-of-ways.

(Ord: -530, 9/8/1983 , 5 104)

1105. Transportation. 1. Objectives - Success in achieving and maintaining a sound

transportation network depends on many factors. The objectives presented below are intended to focus local efforts on those activities that best serve the needs of the residential, commercial, industrial, and social services sectors of the four participating communities.

- 383 -

(27, 1105, cont'd) 1" 4 ,

L, * (27, 5105, cont'd) i' > ,

1

h., A. Maximize accessibility to hwork, school, recreation, medical

and shipping facilities. h 5 , B. Establish highway, street. :,and parking systems which are

compatible with existing and planned >and uses. C. Encourage public transit facilities which are consistent with

the changing needs of the Study Area residents. D. Maintain existing roadways and upgrade street networks where

traffic volumes warrant improvement. E. Increase highway and street safety through idmtificatioa and

correction of high accident locations. F. Facilitate the movements of goods to and from industrial and

commercial districts. G. Minimize operating and capital costs and locate an equitable

and adequate financing technique for transportation improvements and maintenance.

H. Prevent excessive transportation-generated noise levels, particularly in residential areas.

1 ,

-L -

(Ord. 530, 9/8/1983, §lOS)

§106. Intermunicipal Cooperation. 1. Objectives -

A. Eliminate unnecessary service duplication in neighboring municipalities, e.g. in the purchase of an expensive piece of equipment or the hiring of specialized staff.

B. Reduce costs through mass purchasing. C. Make better decisions by having information on both local and

D. Encourage capable groups of local experts to serve on local

- - _ areawide impacts. _.

advisory commissions, even in small communities. (Ord. 530 9/8/1983, §106)

5 107. Economy. 1. Objectives -

A. Establish an ongoing dialogue with existing industries to deal with potential problems and opportunities.

B. Work with the owners of local industrial parks t o identify and attract industries for the available industrial sites that are consistent with the overall objectives of the community.

C. Coordinate programs for recruitment of new industries at the intermunicipal level and with the County Economic Development Center.

D. Revitalize commercial areas with an emphasis on meeting the local market demands.

(Ord. 530, 9/8/1983, 5 107)

- 384 -

(27s 5108)

5108. Natural Features.

1. Objectives - While r: 4 \'I

cchn$pal progress has reduced the effect of many environmental constraints on wn's activities, the natural environment will undoubtedly continue to impose 'dajor limitations on what is possible, as well as economically feasible. The objectives listed below are intended to help the four communities in the Study Area avoid significant problems with the environment and to guide them towards an optimum procedure of cooperation with natural conditions.

A. Limit the encroachment of development into the 100 year floodplain of all continuous streams.

B. Improve local performance standards for environmental impacts and support the enforcement of state and federal standards.

C. Maintain an adequate drainage pattern of both natural and artificial means sufficient to handle natural run-off.

D. Establish controls over the development of steep slope and poor soil areas to prevent erosion and other negative impacts and to preserveareas of natural beauty. -

E. Preserve valuable natural resources, particularly woodlands.

(Ord. 530, 9/8/1983, 5108)

5109. Energy.

1. Objectives - A. Encourage the development of improved energy information

necessary for use in decision-making at the County and local level.

B. Support existing energy conservation programs, such as Weatherization, and identify new conservation programs and incentives.

C. Eliminate existing restrictions and disincentives on energy conservation techniques and energy technology, such as solar and biomass.

D. Establish an energy accounting system for municipal buildings and vehicles.

E. Publicize and support existing and future energy education programs.

F. Prepare a contingency program for dealing with potential. energy crises.

(Ord. 530, 9/8/1983, 5109)

- 385 -

- 386 -

... ! .: 1: ,i ,

(27, 9200) (27, 5 2 0 0 )

’,

3200. Short Title. This Chapter shall be known and may be cited as “The Borough of Trainer Zoning Ordinance of 1983”. (Ord. 530, 9/8/1983, 9200 1

3201. Internretation. In interpreting and applying the provision of this Chapter they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare. Where the provisions of this Chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this Chapter shall be controlling. Where the provisions of any other statute, other ordinance, or regulation impose greater restrictions than this Chapter, the provisions of such statute, ordinance or regulation shall be controlling.

In the event of conflict in the terminology of any section of part thereof, the more restrictive provisions of this Chapter shall prevarl.

(Ord. 530, 9/8/1983, 9201)

5202. Effect of Zonins Recwlations. No land or premises may be used and no building or structure may be erected, raised, moved, extended, enlarged, altered, or used for any purpose other than one permitted by this Chapter for the zone in which the land, premises, building or structure is located, and all uses and construction shall be in conformity with the regulations provided for the zone in which such land, premises, building or structure is located.

Any use not permitted by this Chapter shall be deemed to be prohibited. Any list of prohibited uses contained in any section of this Chapter shall not be deemed to be an exhaustive list but has been included for the purposes of clarity and emphasis, and to illustrate,--by example, some of the uses deemed undesirable and incompatible.

(Ord. 530, 9/8/1983, 9202)

6 ‘ : 7 , ~

.I

5203. Classification of Districts. For the purpose of this Chapter, the Borough of Trainer is hereby divided into five (5) classes of districts which shall be designated as follows:

1. R-1 Single-Family Residence District

2. R-2 General Residence District

3. R-3 Multi-Family Residence District

4 . B- Business District

5. 1-1 Light Industrial District

6. 1-2 General Industrial District

(Ord. 530, 9/8/1985, 9203)

- 387 -

. .. ! ,..

(27, 5204)

204. Zonina M ~ D . The boundarie&lbf said districts shall be shown on the d p attached to and made a part of &is Chapter, which imp shall be known as the "Zoning Map of the Borough of T??aiper." Said map and all notations, references and data shown thereon is herkby incorporated by reference into this Chapter and shall be as much a part ofathis Chapter as if all were fully described herein, (Ord. 530, 9/8/1983, 1204)

5205. District Boundaries. The boundaries between districts are, unless otherwise indicated, either the center lines of streets, or railroad rights-of-ways, or waterways, or such lines extended or .lines parallel or perpendicular thereto. Where figures are shown on the Zoning Map between a street, railroad right-of-way or waterway and a district bc~undary line, they indicate that the district boundary line runs parallel to the street line at a distance therefrom equivalent to the number of feet so indicated. (Ord. - 530, 9/8/1983, 1205)

5206. Definitions. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this Chapter to have the meanings herein -3ndicated. Words used in the present t.ense include the future; the singular includes the plural and the plural the singular; the word "person" includes a corporation as well as an individual; the word "shall" is always mandatory; the terms "occupied" or "used" as applied to any buildings shall be construed to be followed by the words "or intended, arranged, or designed to be occupied or used".

ACCESSORY BUILDING OR USE - A building or use subordinate in area, extent and purpose to the principal building or use on a lot and used for purposes customarily incidental to those of the principal building. Accessory Buildings include: Signs; Fences; Walls, other than retaining wall, projecting above the ground not more than three feet (3') at the higher ground level and not more than six and one-half feet (6 1/2') at the lower level; Free-standing antennas which shall not exceed twenty-five feet (25') above the principal building on a residentially zoned property or residentially used property; Receiving and tran-tting radio and television antennae installed on the roof of a "buildingn and extending not more than twenty-five feet (25') above the highest level of the roof of such "building"; and porches, outdoor bins and other similar "structures". Accessory uses include: parking spaces; loading spaces; private swimming pools etc. [Ord. 6441

ADULT ENTERTAINMENT FACILITY - any use designed for entertainment in which reading materials, photographic materials (including, but not limited to, photographs, photograph reproductions, film strips, computer discs, moving pictures, video tape recordings, video disc recordings, or any other method by which still or moving pictures may now or in the future be available), sketches, drawings, paintings, or other depictions are available to be viewed, purchased, sold, rented, leased, read, listened to, or otherwise observed which in any way describe, depict, or relate to human sexual activity or nude or partially nude human bodies; and/or any use designed for entertainment which has live human beings who are nude or partially nude. Nude or partially nude human bodies shall include bare or partially bare female breasts below the point immediately above the top of the areola, bare or partially bare buttocks, and/or bare or partially bare genitals or pubic region. The definition of "adult entertainment uses" shall

!

- 388 - Page R.evised 7/10/2003

tl, . (27, 9206. cont'd) (27, 1206, cont'd) h

\f!, include, but shall not be limited ta,i'')adult bookstores, adult movie stores, adult novelty stores, peep shows and)strip shows.

ALLEY - A public right-of-way uskdras a secondary means of access to the rear of residence and business establishments.

AUDITORIUM - Any place of assembly for the purpose of spectator presentations such as concerts, theatrical performances, lectures, or similar cultural events.

BASEMENT - The portion of a building that is partly below grade and which has more than one-half (1/2) of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building .

BOARDING, ROOMING OR LODGING HOUSE - A boarding, rooming or lodging house is a building other than a hotel or motel where lodging or lodging and meals are provided for three ( 3 ) or more persons for compensation pursuant to

[Ord. 6451 $

previous arrangements but

-c -

[Text

not open to the public

continued on following

or transients.

page. 1

Page Added 7/10/2003 - 388.1 -

- 388.2 -

, ..

, (27, 5206, cont'd) (27, 5206, cont'd)

,\ $(!

BUILDING - b y combgnation b~; materials forming any construction; except where e n t i r e l y undergroundtsb as t o permit the use of the ground above the same as i f no building bere present; the term "building" shall include the term "structure".

BUILDING AREA - The aggregate of the maximum horizontal cross-section areas , excluding cornices, eaves and ghters of a l l bui ldings on a l o t .

BUILDING CODE - The duly adopted regulat ions of the Borough of Tra iner regulating construction within the Borough.

BUILDING OFFICIAL - The duly const i tuted o f f i c i a l o r h i s deputy wi th in the Borough of Trainer whose job it is t o enforce the Building code of the Borough.

BUILDING LINE - The l i n e p a r a l l e l t o t h e street l i n e a t a d i s tance therefrom equal t o the depth of the f ron t yard required f o r the d i s t r i c t i n which the l o t i s located.

CELLAR - The port ion of a building t h a t is t o t a l l y o r par t ly below grade and which has less than one-half (1/2) of i t s height, measured from f loo r t o ce i l ing , above the average f inished grade of t he ground adjoining the building.

C L I N I C - A place used fo r the care, diagnosis, and treatment of s i c k , a i l i ng , infirm, o r in jured persons and those who are i n need of medical o r surg ica l a t ten t ion , but who are not provided with board o r room o r kept overnight on the premises.

CLUB OR LODGE - A corporation, associat ion, o r group of persons formed f o r a soc ia l , educational, o r recrea t iona l purpose, but not run pr imari ly f o r p r o f i t o r t o render a service which is customarily car r ied on as a business.

COMMUNITY CENTER - Any building o r bui ldings and the l o t upon which they are located which is publicly owned o r operated t o serve the community i n which it is located. Such use may include indoor and outdoor recreat ional f a c i l i t i e s , public meeting rooms, l i b r a r i e s , and rooms f o r the dispensing of counseling, guidance, o r c l i n i c a l se rv ices , but may not include r e s iden t i a l uses.

COMPREHENSIVE PLAN - The document o r documents, a s amended, which have been adopted by the Borough Planning Commission and Borough Council as the Comprehensive Plan of the Borough.

? L I

'#

CONDOMINIUM - See Dwelling, Condominium.

COOPERATIVE - See Dwelling, Cooperative.

COURT, INNER - An open space enclosed on a l l s ides by ex ter ior w a l l s

COURT, OUTER - An open space enclosed on three s ides by ex ter ior walls

COVERAGE - The area covered by a l l buildings on a l o t , expressed as a

of a building.

of a building.

percentage of the t o t a l l o t area.

. .

- 389 -

(27, 5206, cont'd) (27, 5206, cont'd)

DEPENDENT CARE FACILITY - Any boa kng house, rooming house or lodging house in which room and/or board are p t ovided to any person having limited or diminished ability to care for thedsqlves due to cond!itions, including but not limited to the following: alcohol and drug dependence; physical dependency; mental dependency; age, etc. 1A dependent care facility shall include halfway house; rest home; nursing home; convalescent home, etc.

DRIVE-IN ESTABLISHMENT - Premises constructed to cater to the motoring public, whether or not senring pedestrians as well as the automobile trade, and used for the sale to or service t o the public of any products or services and providing curb and/or window counter service.

DWELLING - A structure or portion of a structure on a lot which is designed and used for residential purposes and which meets all the conditions of the Building Code for residential use. The following types of dwellings are recognized for the purposes of this Chapter:

Condominium - A form of multiple dwelling ownership on which the occupant owns the dwelling unit he occupies, and also owns an indivisible-share of the common spaces including hallways, steps, roofs, land, driveways, parking lots, and open spaces.

Cooperative - A form of multiple dwelling ownership in which the occupant owns an indivisible share of the total lot and buildings, and has a right to occupy one of the dwellings on the premises.

Detached - A building designed for and occupied by a single household which has no party walls in common with any other structure.

one of which is located above the other.

Multiple - A building or portion thereof containing three or more dwelling units.

Row or Attached, also Townhouse - A one family dwelling which has two party walls in common with adjacent buildings, or one party wall in the case of the end building of a group or row of attached buildings.

Semi-detached or Twin - A one family dwelling separated by a party wall from only one (1) adjacent building.

ENGINEER - The duly appointed and licensed engineer of the Borough of

A.

B.

C.

D. Duplex - A detached building occupied by two dwelling units, i

E.

F.

G.

Trainer.

FAMILY - One (1) or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five ( 5 ) persons not related by blood, marriage, or adoption shall not be considered t o constitute a

FLOOD PLAIN AREA - The relatively flat area or low lands adjoining the channel of a river, stream, or water-course or any body of standing water which has been or may be covered by flood water.

FLOOR ARE3 - The floor area of a building or buildings is the sum of the gross horizontal areas of the several floors of all buildings on the lot, measured from the exterior faces of exterior walls or from the center

family .

- 390 -

( 2 7 , P206, cont'd) ( 2 7 , E206, cont'd) I

i line of walls separating two buildin*'.!, Floor area shall include the area of i basements when used for residential,) commercial or industrial purposes but

need not include a basement or portkop of a basement used for storage or housing of mechanical or central heatifig equipment.

FLOOR AREA RATIO - The floor area, in square feet, of all buildings on a lot divided by the area of such lot in square feet.

GARAGE - - A . Community - A building or group of buildings,

height, used exclusively for the storage of motor compensation.

B. Private - A building accessory to the principal for the storage of motor vehicles either for or without to service the principal uses on the lot.

C. Municipal - A structure of two or more stories

one story in vehicles for

use on a lot, compensation,

for the short term storage of motor vehicles, owned or operated by the Borough of Trainer or- its agent.

HEIGHT OF BUILDING - The vertical distance measured from the average finished grade at all foundation corners of the building or structure, o r at not less than 10 equidistant points in the case of an irregular or curved shaped structure, to a point midway between the highest and lowest points of the roof excluding the chimneys, or steeples, or any superstructure above the roof such as stair or elevator bulkheads, water towers, etc.

HISTORIC BUILDING OR SITE - Any building or site within the Borough of Trainer which is included in the National Register of Historic Places or catalogued by the State, County, or Borough' as an historic building or site.

f

t \. . .

HOME OCCUPATION - A customary personal service occupation such as dressmaking and millinery; provided that such occupation shall be conducted solely by members of the resident family and in the main building only, that not more than thirty percent (30%) of the area:.of one floor shall be used for such purposes, that no display of advertising other than a small .nameplate and no display of products shall be kept, and that no mechanical or electrical equipment is used except customary household equipment. "Home Occupation" shall not include any type of home cooking or food preparation or packaging. [Ord. 6471

HOSPITAL - An institution providing health services, primarily for in- patients, and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, out-patient departments, training facilities, central service facilities, and staff offices.

HOTEL, MOTEL, MOTOR INN - A building occupied or used as a more or less temporary abiding place of twenty-five (25) or more individuals with or without board and/or in which there are fifteen (15) or more sleeping rooms and in which no provision is made for cooking in any individual room.

1. "City" in original.

Page Revised 7/10/2003 - 391 -

... ! ,.

( 2 7 , § 2 0 6 , cont'd) ,1 a p

JUNK YARD - A lot, land, or struct ye, or part thereof, used primarily for the collecting, storage, and sale t&? waste paper, rags, scrap metal or other scrap or discarded material; oq,for the collecting, dismantling, storage, or salvaging of machinery or vehikles not in running condition, and for the sale of parts thereof.

LOADING SPACE - A portion of a lot upon which a building is located which is set aside for the parking of vehicles while loading and unloading.

I

LOT - A. Any parcel of land, not necessarily coincident with a lot or

lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, together with the required open spaces appurtenant to such building or group of buildings.

B. Corner Lot - A lot at the junction of, and abutting on two (2) or more intersecting streets.

C. Lot Depth - The general average of the distances from the street line -of the lot to its opposite rear line, measured in-the general direction of the side lines of the lot.

D. Lot Line - Any property line bounding a lot. E. Rear Lot Line - The lot line opposite and most distant from the

front lot line; if the rear lot line is less than ten feet (10') in length or, if the lot comes to a point in the rear, the rear lot line shall be deemed to be a line parallel to the front lot line and not less than ten feet (10') in length lying farthest from the front lot line.

to the rear.

i

F. Through Lot - A lot having street frontage hoth in front and G. Lot Width - The dimension measured along the front yard line

or at right angles to the depth of the lot, whichever to less.

MANUFACTURING - Any process whereby the nature, size, or shape of articles or raw materials are changed, or where articles are assembled.

MARINA OR BOAT BASIN - Any premises containing one (1) or more piers, wharves, docks, moorings, bulkheads, buildings, slips, basins, or land under water designed, used, or intended to be used primarily fox the docking or mooring of boats for compensation.

MANUFACTURED HOME - A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term includes park trailers, travel trailers, recreational, and other similar vehicles placed on a site for more than one hundred eighty (180) consecutive days. [Ord. 5661

MANUFACTURED HOME PARK - A parcel (or contiguous parcels) of land which has been planned and improved for the placement of two or more manufactured homes. [Ord. 5661

_.

- 392 - Page revised 1/14/1988

( 2 7 , 5 2 0 6 , cont'd)

NON-CONFORMING

( 2 7 , 5 2 0 6 , cont'd)

BUILDING - A &lding which does not comply with the provisions of this Zoning Chapter, but which lawfully existed prior to the enactment of this Zoning Chapter.

NON-CONFORMING USE - A use, whether of a building or tract of land or both which lawfully existed prior to the enactment of a zoning ordinance or any amendment thereto, and which is maintained after the effective date thereof although it does not conform to the use regulations of the district in which it is located.

NON-CONFORMING LOT - A lot legally existing on the effective date of these regulations or any amendment thereto which does not conform to these zoning regulations for any prescribed lot requirement, such as lot area, width or depth.

PARKING SPACE - An open space or a garage, on a lot, used for parking of motor vehicles, the area of which shall not be less than two hundred (200) square feet, and to which there is access from a street or alley. The minimum width for a parking space shall be nine feet (9').

i ''8 : - i

PLANNING 'COMMISSION - The duly and legally appointed Planning Commission

PRINCIPAL BUILDING - A building in which is conducted the main or of the Borough of Trainer, Pennsylvania.

principal use of the lot on which the building is located.

PUBLIC UTILITY - Lots, equipment, buildings, and all other facilities owned and/or operated by any corporation which is regulated by the Pennsylvania Public Utility Commission.

SIGN - Any structure or part thereof, or any device attached to a building or painted or represented thereon, which is used as an announcement, direction or advertisement, for commercial purposes or otherwise.

SIGN AREA - An area including all faces of a sign, measured as follows: A. Where such sign is on a plate or framed or outlined, all of the

area of such plate or the area of such frame or outline shall be included ;

B. When such signs consist only of letters, designs, or figures engraved, painted, projected, or in any manner affixed on a wall, the total area of such sign shall be deemed the smallest rectangle within which all of the matter of which such sign consists may be encompassed.

SIGN, FREE STANDING - A sign which is suspended from or attached to and supported by one or more columns, uprights, or braces imbedded in the ground and in which neither the sign nor supports thereof are attached to or dependent on any building for support or bracing.

SINGLE AND SEPARATE OWNERSHIP - The ownership of a lot by one or more persons, partnership, or corporation, which ownership is separate and distinct from that of any adjoining lot.

Q

- 393 -

(27, 8206, cont'd)

STORY - That part

(27, E206, cont8d)

of any buildini)'; exclusive of cellars but inclusive of basements, comprised between the levb of one finished floor and the level of the next higher finished floor, theh. phat part of the building comprised between the level of the highest finished floor and the top of the roof beams. s.,

STORY, HALF - Any space partially within the roof :Eraming, where the clear height of not more than fifty percent (50%) of such space between the top of the floor beams and the structural ceiling level is seven feet (7 ) or more.

STREET - A public way established by or maintained under public authority, a private way open for public use; and a private way plotted or laid out for ultimate public use, whether or not constructed.

STREET LINE - The dividing line between a lot and a street right-of-way. STRUCTURAL ALTERATION - Zmy change in the support:ing members of a

STRUCTURE ---Sge definition of Building.

SWIMMING POOL - An outdoor swimming pool shall, for the purposes of this Chapter, be construed to mean any water pool, tank, depression, or excavation in any material, dike, or b e r m constructed, erected, excavated, or maintained, which will cause the retaining of water to a greater depth than eighteen inches (18") and having a plane surface area of water greater than one hundred (100) square feet.

USABLE OPEN SPACE - All unenclosed portions of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than twenty-five percent (25%) is roofed for shelter purposes only, the minimum dimension of which is forty feet (408), and which is available and accessible to all occcupants of the building or buildings on the said lot for the purposes of active or passive outdoor recreation.

building, such as beams, columns, or girders.

--. .. YARDS -

A. Front - The required open space, the full width of the lot, extending from the street line to the nearest structure on the lot, exclusive of steps, overhanging eaves, gutters, or cornices.

B. Side - The required open space, the full depth of the lot to the nearest structure on the lot, exclusive of steps, overhanging eaves, gutters or cornices, and exclusive of a private garage or other accessory building which is not an integral structural part of a main building.

C. Rear - The required open space, the full width of the lot, extending from the rear line of the lot to the nearest structure on the lot exclusive of steps, overhanging eaves, gutters, or cornices, and exclusive of private garage or other accessory building which is not an integral structural part of a main building.

(Ord. 530, 9/8/1983, 8206; as amended by Ord. 533, 12/8/1983, 81; by Ord. 566, 5/14/1987, §§V €C VI; by Ord. 644, 2/14/2002, 81; by Ord. 645, 7/11/2002, Art. 11; and by Ord. 647, 7/11/2002, Art. 11)

- 394 - Page Revised 7/10/2003

(27, 5300) (27, 5300)

I \ Residenck District

i : , !

5300. Statement of Intent. It is the intent of this Part 3 , regulating residential development in the Borough of Trainer, to provide for a full range of types and sizes of dwellings. It is further the intent of this Part- 3 to preserve the character and integrity of existing residential neighborhoods of the Borough, while recognizing the need to encourage residential rehabilitation. (Ord. - - 530, 9/8/1983, 5300)

5301. 1. Use Regulations -

R-1 Single-Family Residence District. --

A. Permitted Uses - foundations.

(1) Single-family detached dwellings on permanent

--(2) Churches and other institutions of religion. -

(3) Public and private schools. (4) Non-profit, charitable institutions. ( 5 ) Hospitals or sanitoria

(6) Publicly owned or operated park or recreation facility.

B. Accessory Uses - The following uses may be located on the same lot as permitted uses provided that they are incidental to the principal use and that they meet all other appropriate requirements of this Chapter, including the parking requirements.

(1) Office of a lawyer, physician, surgeon, dentist or other professional person; provided that not more than twenty-five percent (25%) of the -total 'floor area is used for this purpose.

(2) (3) A private swimming pool constructed to the standards of

(4)

Private garage or parking space.

the Borough Building Code and conforming to 5606. Signs as permitted in 5603.

C. Uses permitted as a Special Exception by the Zoning Hearing Board.

Manufactured Home Park, which complies with all other area and bulk requirements of this R-1 Single-Family Residence District. 2. Lot Area - A lot area of not less than five thousand ( 5 , 0 0 0 )

square feet shall be provided for every dwelling hereafter erected or used in the R-1 District. [Ord. 5921

3. Lot Width - The minimum lot width at the building line shall be fifty feet (50').

Page revised 12/9/1993 - 395 -

I (27, 5301, cont'd)

' .. 7 ; i ' ,

4, . (27, 5301, cont'd) .i '

4. Street Frontage - The minimumListreet frontage shall be forty feet 5 . Height - A maximum of three (9)htories or twenty-five feet (25'1,

whichever is less.

6. Front Yard - There shall be a front yard on each street upon which a lot abuts which shall be not less than twenty feet (20').

7. Rear Yard - For hospitals and sanitoria there shall be a rear yard which shall be not less than seventy-five feet (75'). For all other permitted uses there shall be a rear yard which shall lbe not less than sixteen feet (16') in depth.

8. Side Yard - For hospitals and sanitoria there shall be two side yards which shall be not less than seventy-five feet (75'). For all other permitted uses there shall be two side yards which shall be not less than eight feet (8') in width, with an aggregate total of not less than twenty feet (20').

9. Coverage_ - Not more than forty percent (40%) of the area of any lot may be occupied by buildings.

(40'). li t

10.

11. Parking and Loading - Parking and loading shall be provided in 12. Approval of Site Plans - Site plans shall be prepared and

Space Between Buildings - Not applicable within the R-1 District. accordance with requirements contained in Section 603.

submitted in accordance with Section 705. (Ord. 530, 9/8/1983, 5301; as amended by Ord. 533, 12/81983, 52; by - Ord. - 566, 5/14/1987, 5 V I I ; and by Ord. 592, 7/8/1993, 52)

5302. R-2 General Residence District. 1. Use Regulations

- - _ A . Permitted Uses ..

(1) Any use permitted in the R-1 Single-Family Residence District.

(2) Single-family, semi-detached or twin dwelling, provided that the dwelling with which It has a party wall in common is erected at the same time;

(3) Two-family semi-detached dwelling including double-duplex dwellings, provided that the dwellings with which they have a party wall in common is erected at the same time.

(4) Two-family detached dwelling including duplex dwellings.

(5) Boarding, rooming or lodging house. B. Accessory Uses - The following uses may be located on the

same lot as permitted uses provided that they are incidental to the principal use.

(1) Home occupation as defined in 5206.

- 396 - Page revised 12/9/1993

t ;. ,! .

(27, 9302, cont'd)

$\ ,.' (2) Private garage hE parking space, provided that it is

located in the rear yard anb is not closer than five feet ( 5 ' ) from

( 3 ) A private swimming pool constructed to the standards of

( 4 ) Signs as permitted in E604.

+I. any street line. t i .

f

the Borough Building Code and'conforming to 9605.

C. Oses permitted as Special Exception by the Zoning Hearing Board

(1) Clubs and lodges operated solely for the use of members and their guests, not as a business or for profit. Such uses must meet all other applicable requirements of this Chapter and of the Commonwealth of Pennsylvania.

( 2 ) Dependent Care Facility when properly licensed by the Commonwealth of Pennsylvania and meeting all other applicable requirements of this and other Borough Codes and Ordinances.

Lot Area-- The following shall be the minimum lot areas per dwelling

A. Single-family Detached - minimum, five-thousand (5,000) square feet. [Ord. 6531

B. Single-family Semi-detached and two-family semi-detached - minimum, three thousand (3,000) square feet. 3 . Lot Width - The following shall be the minimum lot width for every

2. unit permitted within the R-2 District:

lot within the R-2 District, as measured at the building line: A. Single-family detached - minimum fifty feet (50'). B. Single-family semi-detached and two-family semi-detached -

Street Frontage - The following shall- be the minimum street frontage for every lot within the R-2 District, as measured at the street right-of-way 1 ine ;

minimum thirty feet (30'). 4 .

A. Single-family detached - minimum, forty feet ( 4 0 ' ) .

B. Single-family semi-detached or two-family semi-detached - minimum, twenty feet (20' 1 . 5. Height - A maximum of three and one-half (3 1/21 stories or thirty-

6. Front Yard - There shall be a front yard on each street upon which a lot abuts which shall be not less than twenty feet (20') in depth.

7. Rear Yard - There shall be a rear yard which shall be not less than twenty feet (20') in depth.

Side Yard - There shall be two side yards neither of which shall be less than eight feet ( 8 ' ) in width, with an aggregate total of not less than twenty feet (20' .

five feet (35'), whichever is less.

8 .

Page Corrected 7/10/2003 - 397 -

(27, 5302, cont'd)

... , ..

(27, 9302, cont'd)

9. Coverage - Not more than fortgLpercent (40%) of the area of any lot

10. Parking and Loading - Parking rand loading shal.l be provided in accordance with requirements contained in 8603.

11. Approval of Site Plans - Site plans shall be prepared and submitted in accordance with 8703.

(Ord. 530, 9/8/1983, §302; as amended by Ord. 533, 12/8/1983, 893 and 4; and by Ord. 653, 7/10/2003, Art. 11)

may be occupied by buildings. 1; .

5303. R-3 Multi-Familv Residence District.

1. Use Regulations - A. Permitted Uses -

(1) Any use permitted in the R-2 General Residence District.

(2) Row-house, attached dwelling or townhouse, provided that a maximum of three ( 3 ) units shall be provided in any such group of buildings, and providedthat all such dwellings in a group shall be erected at the same time.

(3) Multiple dwelling including condominium and cooperative.

(4) Clubs and lodges operated solely for the use of members and their guests, not as a business or for profit. Such uses must meet all other applicable requirements of this Chapter and of the Commonwealth of Pennsylvania.

-4 -

B. Accessory Uses - Accessory uses shall be the same as those

C. Uses permitted as Special Exception hy the Zoning Hearing

Dependent Care Facility when properly-licensed by the Commonwealth of Pennsylvania and meeting all other- applicable requirements of this and other Borough Codes and Ordinances.

2. Lot Area - A lot area of not less than two thousand, two hundred (2,200) square feet per dwelling shall be provided for every permitted use hereaftek erected or used in the R-3 District. With the exception of single- family attached row house or townhouse which shall be permitted at a density not to exceed nineteen (19) units per acre.

3. Lot Width - The minimum lot width at the building line shall be as follows:

permitted in the R-2 General Residence District. [Ord. 6471

Board :

A. Single-family detached - minimum fifty feet (50'). B. Single-family attached - minimum twenty feet (20').

Street Frontage - The following shall be the minimum street frontage for every lot within the R-2 District, as measured at the street right-of-way line :

4.

'! ' '\ ', \

I

- 398 - Page Revised 7/10/2003

i

(27, 5303, cont'd) (27, 5303, cont'd) .I i h

\y!!' A. Single-family detached"? minimum, forty feet (40' 1 . $ , B. Single-family attached;'; minimum fifteen feet (15').

5. Height - A maximum of three and, one-half (3 1/2) stories or thirty- five feet (35'1, whichever is less.

6. Front Yard - There shall be a front yard on each street upon which a lot abuts wh$ch shall be not less than twenty feet (20') in depth.

7 Rear Yard - There shall be a rear yard which shall be not less than twenty feet (20') in depth.

8. Side yard - There shall be two side yards neither of which shall be less than eight feet (8') in width, with an aggregate total of not less than twenty feet (20' 1 .

9. Coverage - Not more than fifty percent (50%) of the area of any lot may be occupied by buildings and not more than eighty-five percent (85%) may be occupied by all constructed improvements. The remaining fifteen percent (15%) of the lot shall he devoted to usable open space, landscaping, and similar uses. a -

10. Space Between Buildings - For groups of rental units of any type which are in a single and separate ownership, there shall be a minimum of twenty feet (20') between the sides; sixty feet (60') between the fronts; and forty feet ( 4 0 ' ) between the rears of the buildings within the group.

(Ord. 530, 9/8/1983, 5303; as amended by Ord. 533, 12/8/1983, 555 to 7; and by Ord. 647, 7/11/2002, Art. 111)

! . . f

-

Page Revised 7/10/2003 - 399 -

- 400 -

( 2 7 , 4400) ( 2 7 , 5400)

I 411."

.i' k:, Pat 4

Commercial Diskrict Regulations I t ,

5

5400. Statement of Intent. The purpose of establishing the following commercial district is to provide within the Borough of Trainer, a full range of commercial activities needed by Borough-residents, employees and visitors in appropriate'locations and accessible to all. It is also the intent of this district to encourage a sound environment for maintenance and expansion of job opportunities as well as to stabilize the tax base. It is further the intent of this Part 4 to provide these commercial facilities in locations and configurations which are served by mass transit and by the regional highway system and in locations which will not permit incompatible relationships of uses and which will not permit encroachment upon sound residential environments of the Borough and which are consistent with the Comprehensive Plan. (Ord. 530, 9/8/1983, §400)

5401. B-Business District.

1. Use Regulations - ^L -

A. Permitted Uses - (1)

( 2 ) Retail store.

(3) Office, bank or other financial institution or telephone exchange.

( 4 ) Commercial service shops such as plumbing, heating, electric, air conditioning, upholstery, printing shops and other similar shops.

All uses permitted in the R-2 General Residence District.

(5 ) Res taurant

(6) Railway or motor transport freight station.

(7) Personal service shops such as tailoring, shoe repairing, barber, beauty shop, jewelry repair, watch and clock repair, etc.

(8) Hotel or motel.

(9) Funeral home.

B. Accessory Uses -

permitted uses. (1) Uses customarily accessory to and incidental to the above

(2) Signs as permitted in Section 605.

( 3 ) Garage or parking space.

C. Uses permitted as a Special Exception by the Zoning Hearing Board.

- 401 -

(27, 5401 (C) , cont’d)

Fi Theater, ballroom, ‘dancehal i? or other places of amusement or

commercial recreation, but not inchding adult entertainment uses. All such uses permitted by special excdpTion are subject to the requirement that adequate off -street parking shall be provided and that adequate screening from residences shall be provided. [Ord. 6451

D. Prohibited Uses - (1) No new auto-related retail operations for the sale of

new, salvaged, recycled, used or rebuilt auto parts shall be permitted .

No auto-related retail operation which is: exclusively for the sale of gasoline on a self-service basis shall be permitted.

(3) No adult entertainment uses s e l l be ptsrmitted. [Ord.

2. Lot Area - There shall be no minimum lot area for uses within the B-District except that residential use or a combined commercial and residential use skall have a lot area of not less than three thousand (3,000) square feet.

3. Lot Width - Lot width shall be dictated by the use and other requirements of this Chapter.

4. Street Frontage - Street frontage shall be dictated by the use and other requirements of this Chapter.

5. Height - A minimum of three (3) stories or thirty-five feet (35’ )

6. Front Yard - A front yard is not required, except when the B- Business use is in the same block frontage with a residential use, the business shall then be set back a distance at least equal to that of the residential use.

7. Rear yard - A rear yard is not rewired; where a rear yard is provided it shall be at least five feet (5’ ) in -depth.

8. Side Yard - Side yards are not required; where a side yard is provided it shall be at least five feet (5’) in width.

9. Coverage - Coverage may be one-hundred percent (loo%), except that in meeting all other requirements of this Chapter the coverage by buildings may have to be reduced.

( 2 )

- 6451

-

whichever is less. f

10. Space Between Buildings - For a business use or uses consisting of two or more buildings in one group there shall be a minimum of twenty-five feet (25‘) of open space between the fronts, sides and rears of the buildings within the group.

11. Parking and Loading - Parking and loading shall be provided in accordance with requirements contained in Section 603.

12. Approval of Site Plans - Site plans shall be prepared and submitted in accordance with 5705.

(Ord. 530, 9/8/1983, S401; as amended by Ord. 645, 7/11/2002, Arts. 111, Iv)

- 402 - Page Revised 7/10/2003

...

i c

" (27, 1500)

&it 5

(27, 8500)

Industrial Dbtr ic t Regulations ''3 . .

Ji

1500. Statement of Intent. The purpose of establishing the following two industrial districts within the Borough of Trainer is to permit and regulate manufacturing, warehousing, processing and light industrial uses in order to provide an adequate tax base and sufficient employment for the people of Trainer and other communities of southern Delaware County. Existing industrial uses and- areas currently in the two industrial districts take up a large portion of the Borough's land area and have a large impact on the Borough. These regulations are intended to make maximum benefit of the industrial areas and to reduce the negative impact that industry can have on the residential and shopping areas of the Borough. At the same time, it is the intent of these regulations to encourage industrial development and expansion to the maximum extent possible consistent with the Comprehensive Plan and with sound land use practices. (Ord. 530, 9/8/1983, 5500) -

5501. 1-1 Industrial District.

1. Use Regulations - A. Permitted uses -

(1) Assembly, sales, repairs and service of business and office machines, equipment and devices.

(2) Sales, service, repairs of farm and garden machinery, equipment and supplies, including feed stores.

(3) (4) Design, manufacture, distribution and sale of burial

(5)

(6) Radio and television stations or studios or cinemas but

Mail order store house or business.

monuments and underground burial vaults. _ _ Offices including office records storage.

not to include drive-in theaters.

(7) Commercial greenhouse, nursery, or wholesale florist.

( 8 ) The manufacture, compounding, processing, canning, containing, packaging, treatment, sale and distribution of products, drugs, perfume, pharmaceuticals, toiletries and food products.

( 9 ) The manufacture, compounding, assembly or treatment of articles or merchandise from the following previously prepared materials: Sheet cellophane, canvas, cloth, rope, cord, twine, yarn, plastic, feathers, fibre, fur, glass, hair, paper, metals, precious or semi-precious stones, shell, tobacco, textiles and wood, but planing mills shall be specifically excluded from this district.

(10) The manufacture of ceramic products, using only previously pulverized clay and plaster.

- 403 -

. . ! ... t' i.

I s $ 1

(27, §501(1)(A), cont'd) ! % (27, §501(1)(A), cont'd) &;. (11) Electric transfo fig substations or other necessary

(12) Manufacture and asseely of musical instruments, toys, novelties and metal stampings. 6

(13) Manufacture and assembly of electrical or electronic devices, home, commercial or industrial appliances and instruments, including the manufacture of accessory parts of assemblies.

public service uses. I \ 'i

(14) (15) Manufacture of textiles or textile products, including

spinning and weaving but excluding wool pulling or scouring or jute or burlap processing or reconditioning or dyeing of any sort.

(16) Manufacture of paper or cardboard boxes, containers and novelties from previously prepared paper or cardboard.

(17)- -Central heating plants, municipal incinerator or other municipal uses.

(18) Laundry and/or dry cleaning.

(19) Manufacture , preparation, containing, packaging,

(20) Printing, binding and kindred arts, including

Experimental, manufacturing and research laboratories.

storage, sale and distribution of beverages.

publishing, engraving, lithographing or similar methods of i reproduct ion.

commissaries and catering plants. (21) Cold Storage plant, frozen food plant and lockers, food

(22) Storage buildings and warehouses.

(23) Machine, plumbing, heating, -roofing, carpenter, cabinet making, unholstering, furniture, electrical, welding, buffing, finishing, prefabricating, tinsmith, pipe fitting, paperhanging, painter and decorator shops.

(24) Fabrication of hardware, cutlery, tools, scientific instruments and apparatus.

(25) Underground storage, in bulk, of fuel oil for sale and distribution, excluding gasoline and other highly volatile or explosive fluids.

(26) Animal hospital, excluding open, outdoor kennels. B . Accessory Uses - Accessory uses customarily incidental to any

of the permitted uses in this Section are permitted, such accessory uses must be shown on the Site Plans submitted for approval or must be submitted separately at a later time in accordance with the 5705.

C. Uses permitted as an exception by the Zoning Hearing Board.

- 404 -

(27, 5501(1) (C), contfd)

Any use not specified as \permitted use when considered to be a use of the same general charact i%, as any of the above listed permitted uses. Such accessory uses shaU;,,be granted a Special Exception only if they meet all other requirements of this Chapter. 2. General - Within the 1-1 District the lot area; lot width street

frontage; front, rear and side yards; and space between buildings will be determined by the individual uses and other requirements of this Chapter building setbacks, parking and loading etc.

3. Height - A maximum of sixty feet (60'). 4. Building Setbacks -

A. No building shall be erected, constructed or maintained within fifty feet (50') of any street line.

B. No building, parking or loading space shall be erected, constructed or maintained within fifty feet (50') of the Zoning District Boundary Line of any Residence District.

C. No building shall be erected, constructed or maintained-within twenty-fivce-feet (25' of any property line.

D. No parking or loading space shall be constructed or maintained within ten feet (10') of any property line. 5. Coverage - Not more than forty percent (40%) of the area of any lot

6. Parking and Loading - Parking and loading shall be provided in

7. Approval of Site Plans - Site plans shall be prepared and submitted

. .

may be occupied by buildings.

accordance with requirements contained in 5603, and in §501(4) above.

in accordance with 5705.

(Ord. 530, 9/8/1983, 5501)

5502. 1-2 Industrial District. --.

1. Prohibited Uses -

employed on the premises. A. Dwellings, other than for watchmen, custodians or caretakers

B. Churches and other institutions of religion. C. Schools, except these operated for profit or incidental to the

D. Junk yards. E. Adult mtertainment Uses. However, adult entertainment uses

are permitted if the use is located at least five hundred (500) feet from any residentially zoned district, and any B-Business district, and any church, school, day care facility or hospital. Further, no alcoholic beverages shall be permitted to be sold or consumed on the premises of any adult entertainment use. Finally, only adult entertainment uses are permitted in which patrons do not have any physical contact with other patrons or with business employees who are nude or partially nude. No entertainer nor any adult entertainment shall be able to be viewed from the exterior of the adult entertainment facility. [Ord. 6451

commercial or industrial operations carried on upon the premises.

Page Revised 7/10/2003 - 405 -

(27, §502(2) 1 . i s (27, §502 (2) 1 p 2. General - Within the 1-2 Ind trial District the lot area; lot

width; street frontage; front, rear d side yards; and space between buildings will be determined by the individyal uses and other requirements of this Chapter such as building setbacks, parbing and loading etc.

%. &

3. Height - Buildings may extend to any height. 4. Coverage - Buildings may occupy one-hundred percent (100%) of the

5. Parking and loading - Parking and loading shall be provided in

6. Approval of Site Plans - Site plans shall be prepared and submitted

lot.

accordance with requirements contained in 5603.

in accordance with 9705.

(Ord. 530, 9/8/1983, 9502; as amended by Ord. 645, 7/11/2002, Art. V)

- 406 -

,.. . . . .I :.. . . .. . .. . I . . . . . < . . :-

Page Revised 7/10/2003

*rt 6 Supplemen ky Regulations t+

1600. All Districts. The following supplementary regulations shall apply to all districts.

1. Public Service Corporations - This Chapter shall apply to any existing or proposed building use, or extension thereof used or to be used by public service corporations unless, upon petition of the corporation, the Public Utility Commission shall, after a public hearing, decide that the present o r proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public and the provisions of this Chapter are unduly restrictive.

2. Front Yard Exception - The front yard of a proposed building may be decreased in depth to the average formed by the front yard requirement for the district and the alignment of existing buildings within one hundred feet (100’) on each side of the proposed building, and within the same block, if sucfi-alignment of existing buildings is less than the front yard requirement for the district.

3. Rear Dwelling - No building to the rear of and on the same lot with a main building shall be erected or used for residence purposes, except for domestic employees of the owners or tenants of the main building.

4. Visibility at Intersections - No structure, wall, fence, shrubbery, or trees shall be erected, maintained, or planted on any lot which unreasonably o r dangerously obstructs or interferes with visibility of drivers of vehicles on a curve or at any street intersection. The minimum vision clearance shall require height not exceeding 2 1/2 feet above the street grade within 25 feet of the intersecting street lines bordering corner lots.

5 . Prohibited Uses - Any other--.provisions of this Chapter notwithstanding, and except as provided hereinafter, the following uses shall be prohibited in all districts:

A. b y use which is noxious, offensive o r objectionable by reason of the emission of smoke, dust, gas, odor, or other form or air pollution; o r by reason of the deposit, discharge, or dispersal of liquid or solid wastes, in any form in a manner o r amount so as to cause permanent damage to the soil or any stream or to adversely affect the surrounding area; or by reason of the creation of noise, vibration, electro-magnetic o r other disturbance perceptible beyond the boundaries of the lot on which it is situated; or by reason of illumination by artificial light or light reflection beyond the limits of the lot on, o r from which, such light or light reflection emanates; o r which involves any dangerous fire, explosive, radio-active , or other hazard, or which can cause injury, annoyance, or disturbance to any of the surrounding properties o r to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety, or the generalwelfare.

.<

- 407 -

(27, §600(5) a cont'd) (27, §600(5), cont 'd) \ i " \p:

B. There s h a l l be no 4~ motor v e h i c l e r e l a t e d bus iness opera t ions permitted w i t h i n thel: Borough w i t h i n any zoning d i s t r i c t , i except as authorized under t h i s su lpec t ion 5B.

(1) Any person d e s i r i n g t o e s t a b l i s h a new motor v e h i c l e r e l a t e d bus iness may apply t o Borough Council f o r a Condi t iona l Use.

An a p p l i c a t i o n f o r a Conditional Use s h a l l con ta in t h e following information:

( a ) Location of proper ty .

(b) N a m e and address of proposed bus iness owners ( t h e app l i can t s ) .

(c)

(2)

N a m e and address of owners of t h e proper ty .

(d)

-.L - ( e )

( f )

property.

operated.

bu i ld ings , driveways, d e t a i l s of

(g)

Statement of a p p l i c a n t ' s l e g a l i n t e r e s t i n t h e

De ta i l ed d e s c r i p t i o n of t h e bus iness t o be

Plan of bus iness drawn t o scale showing a l l parking spaces , s i g n s , shrubbery, access

fences , r e f u s e containment a r e a s , and a l l o t h e r t h e bus iness layout .

E s t i m a t e of number of persons pa t ron iz ing t h e business pe r day.

a t t r a c t e d t o t h e bus iness per day.

d e l i v e r i e s t o t h e bus iness per day.

ta ined a t t h e business.

(h) E s t i m a t e of number of motor

(i) Descr ip t ion and number

( j) Descr ip t ion and number of

v e h i c l e s which w i l l be

of v e h i c l e s making

v e h i c l e s t o be main-

(k) Zoning c l a s s i f i c a t i o n of t h e proper ty .

(3) There s h a l l be a Pub l i c Hearing before Borough Council on a l l app l i ca t ions .

(4) The app l i can t s h a l l pay a l l c o s t s f o r t h e Publ ic Hear- ing and a p p l i c a t i o n inc lud ing t h e c o s t of a Court Stenographer, S o l i c i t o r , and a d v e r t i s i n g c o s t s . A d e p o s i t of f i v e hundred d o l l a r s ($500.00) s h a l l be requi red w i t h t h e app l i ca t ion . If c o s t s do not exceed f i v e hundred d o l l a r s ($500.00), any remaining deposit money s h a l l be r e tu rned t o t h e a p p l i c a n t w i t h i n t h i r t y (30) days of t h e r e c e i p t of a l l b i l l s . I f c o s t s exceed f i v e hundred d o l l a a ($500.00), t h e app l i can t s h a l l r e m i t t h e addi- t i o n a l amount r equ i r ed w i t h i n t e n (10) days of n o t i c e .

(5) Publ ic Hearing on t h e a p p l i c a t i o n s h a l l be he ld , when poss ib le , w i th in s i x t y (60) days a f t e r t h e submission of a com- p l e t ed app l i ca t ion . A dec i s ion on t h e a p p l i c a t i o n s h a l l be rendered, when p o s s i b l e , w i t h i n fo r ty - f ive (45) days after t h e las t hearing on t he a p p l i c a t i o n .

- 408 -

.. . . .

'\

( 2 7 , § 6 0 0 ( 5 ) (B), cont'd) .i '

(27, §600(5) (B), cont'd)

&i?, (6) The subject propeziny shall be posted with a notice of the

application and Hearing. \\ (7) Notice of the ap@bication and Hearing date shall be

published at least one (1) time in a newspaper of general circulation within the Borough. The first publication shall appear at least ten (10) days prior to the hearing. Borough Council, in its sole discretion, may require publication of the notice of application and Hearing date as many as three ( 3 ) times.

( 8 ) Borough Council shall act upon all applications in the interest of the Borough as a whole and in an effort to promote the general welfare and protect the health, safety, and morals of the citizens of the Borough. Borough Council shall consider the need of the proposed business with the Borough.

(9) 'New motor vehicle related business operation" shall be defined as any business operation which was not in operation on any particular subject property at the time of the passing of this ordinance [this Chapter amendment] which has any connection with the sales of motor vehicles, the repair of motor vehicles, the sale of motor vehicle parts, the storage of motor vehicles, the salvaging or rebuilding or building of motor vehicles, the servicing of motor vehicles, the sale of gasoline for motor vehicles, junk yards, towing services, or any other motor vehicle related business activity.

C. Current motor vehicle related businesses shall not expand beyond each business' current operation boundaries except by Special Except ion.

(1) When considering any application for Special Exception,

(a) Whether the proposed expansion involves property

(b) Whether the proposed expansion adverselyaffects the

(c) Whether the proposed expansion will serve the needs of the residents of the Borough;

Id) Whether the applicant has conducted the current business in compliance with the ordinances of the Borough and the laws and regulations of the Commonwealth and the United States of America;

(e) Whether the proposed expansion will hinder the establishment of non-motor vehicle related businesses within the Borough;

character as the current business;

1

..c -

the Board shall consider the following:

already bordering the subject business operation;

character of the community;

(f) Whether the proposed expansion is of the same

(9) The size of the proposed expansion; and

(h) Whether the health, safety, morals, and general welfare of the residents of the Borough will be affected by the expansion.

- 409 -

(27, 5600, cont'd) (27, 5600, cont'd) J

\ ~ ,

6. Fences and Screening - Fences i3 screening shall be required in any

necessary to prevent glare, nuisances 0k:Fsightly features from being seen from adjoining properties, a residential district, or a public street, alley or right-of-way.

Landscaping - All land not used for buildings or other structures, parking or loading and unloading or other paving shall be properly planted and maintained.

zoning district where the Borough P T. tanning Commission deems it to be I

7.

(Ord. 530, 9/8/1983, E600; as amended by Ord. 549, 11/14/1985)

s601. Residence Districts. The following supplementary regulations shall apply to all Residence Districts:

1. Through Lots - On a through lot, front yard requirements shall apply to both street frontages.

2. Courts - The minimum dimension of an inner court shall not be less than 9" for every 12" of height of all surrounding walls. However, in no case shall an inner-court have a dimension of less than twelve feet (12' ) . The height of walls surrounding an inner court shall be measured from finished grade at the base thereof, to the top of such wall, except that, in the case of roofs with a slope exceeding five inches (5") vertical to twelve inches (12") horizontal, the height shall be measured to the mean point between the top of the said wall and the highest point of the roof. The minimum dimensions of an outer court shall be twenty feet ( 2 0 ' 1 , and its depth shall not exceed its width.

Conversion into Two and Three Family Dwellings - The Zoning Hearing Board may authorize as a special exception the conversion of any building in an R-1 District into a dwelling for not more than three (3) families, provided that all other requirements of the R-1 District are met and that parking is provided in accordance with Section 603 and provided further that the yard and building area requirements for the district axe not reduced thereby. In authorizing such exceptions, the-' Zoning Hearing Board may prescribe such further conditions with respect to the conversion and use of such buildings as it deems appropriate.

4. No fence shall be erected or maintained within a residentially zoned district at a height exceeding 6 feet (6'). .

No fence shall be erected or maintained within a residentially zoned district at a height exceeding four feet (4') in any area of any residential lot which is within the required front yard area pursuant to the applicable zoning district or which is within the area between the actual front building line of the lot and the street.

C. No fence shall be erected or maintained within the required front yard area pursuant to the applicable zoning district or within the area between the front building line and the street which is of solid appearance, such as, but not limited to, stockade fencing, chain link fencing with filler slats or picket fencing with pickets closer then 3/4" to one another.

[Ord. 6531

3.

A.

B.

(Ord. 530, 9/8/1983, 5601; as amended by Ord. 533, 12/8/1983, 58; and by Ord. - 653, 7/10/2003, Art. 111)

- 410 - P a g e Correct.ed 7/10/2003

5602. Non-Residential 'Distric The following supplementary regula- tions shall apply to all non-residentl;i'al districts:

than one (1) street shall be from a non-residential street.

within the interior of a building.

( a 1

'i 1. Access - Whenever feasible, access to lots having frontage on more

2 . Manufacturing - All manufacturing and processing shall be conducted

3 . Storage of Materials or Products - All raw materials, supplies, work-in-progress, and/or completed or manufactured articles shall be placed or stored within the interior of a building or in an exterior area provided with visual screening completely surrounding said exterior area and consisting of opaque fencing and/or planting of at least six feet (6') in height but not exceeding ten feet (10') in height. [Ord. 6531

4 . Penalties - Any person, partnership, firm, company, corporation or other entity violating this Part shall be subject to the penalties specified within Chapter 27, 5901 of the Code of Ordinances of the Borough of Trainer. [Ord. 6531

Ord. 530, 9/8/1934, 5602; as amended by Ord. 533, 12/8/1983, §9; and by Ord. - 653, 7/10/2003, Arts. IV, V)

Page A d d e d 7/10/2003 - 410.1 -

- 410.2 -

.. ! ..

(27, 5603) (27, 5603) ,i g

5603. Parking and Loading , , kgula t ions . Off-street parking and loading s h a l l be provided i n accord#ce wi th t h i s Section f o r any bu i ld ings o r use h e r e a f t e r e r ec t ed , enlarged:' o r increased. The number of park ing and loading spaces requi red s h a l l b e ;based on cons t ruc t ion o r development a c t i v i t y a f t e r t h e e f f e c t i v e d a t e o f ' s t h i s Chapter. Parking and load ing space s h a l l be maintained and s h a l l no t be encroached upon so long as s a i d p r i n c i p a l bu i ld ing o r use remains, un le s s an equivalent number of such spaces is provided elsewhere i n conformance wi th t h i s Chapter.

1. General - The requirement f o r o f f - s t r e e t parking space and o f f - street loading space s h a l l be a cont inuing ob l iga t ion of t h e owner of t h e proper ty on which any such s t r u c t u r e o r use is loca ted as long as t h e s t r u c t u r e o r use is i n ex i s t ence and its use requi r ing veh icu la r park ing f a c i l i t i e s continues un le s s a change i n use a l s o changes t h e park ing requirements. It s h a l l be unlawful f o r an owner of any s t r u c t u r e of u s e a f f e c t e d by t h i s Sec t ion t o d iscont inue , change o r dispense with, o r t o cause t h e discontinuance of any-vehic le parking o r loading space. It s h a l l be unlawful f o r any f i rm o r corpora t ion t o occupy a s t r u c t u r e wi thout providing parking and loading spaces which m e e t with t h e requirements of and is i n comprisnce wi th t h i s Chapter.

Co l l ec t ive Parking - Nothing i n t h i s Sec t ion s h a l l be construed t o prevent provis ion of o f f - s t r e e t parking f a c i l i t i e s f o r two o r more s t r u c - t u r e s o r uses, provided t h a t t h e t o t a l of such o f f - s t r e e t parking spaces suppl ied c o l l e c t i v e l y s h a l l be not less than t h e sum of t h e requirements f o r t h e va r ious uses computed sepa ra t e ly .

3. Location of Parking - The parking spaces requi red f o r a l l resi- d e n t i a l dwellings s h a l l be loca t ed on t h e same l o t as t h e dwelling and t h e parking spaces requi red f o r o t h e r uses s h a l l be loca ted on t h e same l o t as t h e p r i n c i p a l use o r on a l o t which i s wi th in f i v e hundred f e e t (500') of t h e p r i n c i p a l use , such d i s t ance t o be measured along street l i n e s t o t h e property.

I n i n d u s t r i a l d i s t r i c t s , i f t h e r e a r e , . s p e c i a l and unusual circum- s t ances t h a t make it impractical t o provide a l l requi red parking w i t h i n f i v e hundred f e e t (500') of t h e p r i n c i p a l use, o t h e r provis ions may be made f o r t h e loca t ion of parking provided i t is a permitted use i n t h e d i s t r i c t i n which i t is t o be loca ted and sub jec t t o Spec ia l Exceptions and. S i t e Plan approval.

When requi red parking spaces are provided on land o t h e r than t h e l o t occupied by t h e p r i n c i p a l use f o r which they are requi red , t h e l and occupied by such spaces must be i n t h e same possession as such p r i n c i p a l use.

I n r e s i d e n t i a l and business d i s t r i c t s , such space s h a l l no t occupy any p a r t of any requi red f r o n t o r s i d e yard o r any p a r t of any requi red u s a b l e open space as set f o r t h i n t h i s Chapter.

4. S ize and Number of Spaces - A n o f f - s t r e e t parking space as used he re in s h a l l be a space of not less than 200 square f e e t and n ine feet (9') i n width. An o f f - s t r e e t loading space as used he re in s h a l l be a space of not less than t w e l v e f e e t (12 ' ) i n width, f o r t y f e e t (40') i n length and four teen f e e t (14') i n he ight .

2.

- 411 -

(27 , 5603 (4) , cont * d)

. .. : :

.) ' > >

st, '. . . I . ... (27, § 6 0 3 ( 4 ) , cont'd) J- '

Off-street parking spaces be provided for all new uses or buildings hereafter constructed, or enlarged in accordance with the following schedule of requirhpnts.

Use - A. One-family dwellings

B. Two-family dwellings

C. Multiple-family dwellings

D. Housing for elderly

E. Places of assembly including but not limited to: churches, auditoriums, theaters and stadiums

F. Food and beverage establishments including but not limited to restaurant&,-taverns, bars, luncheonettes, soda fountains, clubs (public and private) , fraternal organizations and lodges

G. Hotels, motels and boarding, lodging and rooming houses

a. Automotive services including but not limited to gas stations, auto dealers, auto accessories, auto repair, auto body and paint shop, muffler installation, tire shops, engine and transmission overhaul shops and car wash

I. Open or outdoor businesses including but not limited to those which sell new and used motor vehicles, trailers, mobile homes, building supplies, mach-

Spaces Required # *

* , - 2 spaces 3 spaces 1.75 spaces per dwelling unit

0.75 space per dwelling unit

1 space for each 4 fixed seats or equivalent gross floor area

1 space for each 75 square feet of gross floor area

-

1 space for each rooming unit, plus required parking for facilities used for eating, drinking, assembly and other such uses 1 space for each 250 square feet of gross floor area or 3 spaces per bay, lift or equivalent whichever is greater. An attendant-operated or a-self-service car wash shall have at least six (6) stacking positions for each bay between the street line and such bay for cars approaching and at least two (2) stacking positions for cars leaving said bays

of lot area 1 space for each 1,000 square feet

inery , equipment , swimming pools , nursery, and garden supplies

yards mooring facility, each space shall

K. Appliance, carpet, furniture, 1 space for each 500 square feet of

J. Boat docks, marinas and boat 1 space for each boat slip or

be forty feet (40') in length

electrical, heating and gross f l o o r area plumbing retail sales

- 412 -

i :

,.... . . . . . .. c,,. .;; ... .:

. .

, (27, §603(4), cont'd) I .

a . (27, §603(4), cont'd) ', '

Use ii: Spaces Required L. Other retail sales and service "'I 1 space for each 250 square feet of

'<I ., M. General business and professional 1 space for each 250 square feet of

! I -

establishments. floor area

offices and financial institu- gross floor area; or 2 spaces f o r t ions each office or tenant, whichever

is greater.

A drive-in bank window shall have at least 10 stacking positions between the street line and said cars approaching and at least one waiting position for cars leaving said window

N. General hospital, convalescent, 1 space per four patient beds plus one space per employee during the maximum work shift.

1 space for each 1,000 square feet

each 2 employees on the maximum work shift, whichever is greater

nursing or rest home

0. Wholesale Cnd distribution, warehousing and storage, truck of gross floor area or 1 space for terminals and other enclosed storage uses

establishments gross floor area or 1 space for each 2 employees on the maximum work shift, whichever is greater

P. Manufacturing and Industrial 1 space for each 750 square feet of

5. Number of Loading Spaces - Every hospital, institution, hotel, retail store, office building, wholesale house, warehouse, or industrial building, or additions thereto, totaling 8,000 square feet or more in floor area hereafter constructed, reconstructed or enlarged shall have on the lot one permanently maintained loading space, and one additional loading space for each additional 16,000 square feet of- floor area or major portion thereof excluding basements.

6. Space Computations - When units of measurements determining the number of required parking and/or loading spaces result in the requirement of a fractional space, any fraction 'up to and including one-half shall be disregarded and fractions over one-half shall require one additional space.

7. Design Requirements - The general layout and traffic circulation of parking and loading areas shall be designed so as to avoid unsafe conditions and traffic congestion in the streets upon which the area has access and to provide for the safety and adequacy of access for vehicles and pedestrians using the area.

A. A l l parking spaces shall be served by an aisle not less than twenty feet (20') in width.

B. Any enclosed loading space shall be located at least thirty feet (30') from any street line and any open loading space shall be so designed that trucks when loading or unloading will not project over any street line.

.- 413 -

(27, 5603(7), cont'd) .. _ . I

(27, 5603(7), cont'd)

\<-, C. Individual parking an \-.loading spaces, maneuvering areas,

f

entrances, and exits shall be I \suitably identified with lines and arrows, as deemed necessary by the,Building Official!.

D. No access drive, aisle *or maneuvering area shall have a turning radius of less than twenty 'feet (20').

E. Where vehicles will be located adjacent to sidewalks, fences, walls, required buffer strips, trees, landscaping or similar construc- tions, a suitable bumper or curb shall be provided in such a location that the vehicle cannot overhang or otherwise damage said obstruction.

F. Off-street parking and loading areas shall. be surfaced with an asphaltic, bituminous , cement or other properly bound pavement so as to provide a durable and dustless surface and shall be so graded and drained as to dispose of all surface water accumulation within the area.

G. Any lighting used to illuminate any off-street parking or loading area shall be shielded and so arranged as to reflect the light away from adj-oining premises and public right-of-ways.

H. Any portion of a parking area not used for parking space or circulation shall be appropriately landscaped and protected.

I. A l l parking areas with more than five ( 5 ) spaces and all loading areas shall be bordered on all sides that are contiguous to or across the street from the boundary of or any property within any Residence District with a five foot (5') wide buffer strip on which shall be located and maintained appropriate fencing and landscaping of suitable type, density and height to effectively screen the parking area and the lights or motor vehicles adjoining residential areas. 8. Access Drives - No driveway or access road, to or from any pro-

perty, shall be so located at its juncture with a street as to create a danger or menace to the community or to the convenience or proper use of the adjoining property. No driveway shall provide access to a lot located in another Zoning District, if said lot is used for any use, principal or accessory, not permitted in the district in which such driveway is located.

A. No driveway shall be located closer than twenty-five feet (25') to any street intersection measured along the street lines. In any non-residential district, no two (2) driveways on the same lot shall be located closer than twenty-five feet (25') t o each other at their closest limits.

B. No lot having less than two hundred feet (200') of street frontage shall have more than two (2) driveway entrances and/or exits on each street abutting the lot. Lots with more than two hundred feet (200') of street frontages may have up to one driveway entrance and/or exit for each one hundred feet (100') of additional street frontage.

-

(Ord. 530, 9/8/1983, 5603; as amended by Ord. 533, 12/8/1983, 510)

4604. Sign Requirements. It is the intention of these sign regula- tions to promote the public safety, protect property values, create an attractive business climate and enhance the physical appearance of the community.

- 414 -

,I (27, 5604, cont'd) (27, 0604, cont'd)

.1 1. General Requirements - Eve#:;,sign permitted by this Chapter shall

Maintenance - All signq'together with their supports, braces, guys, and anchors shall be kept'h good repair and in safe condition. The owner of the premises on whichsa sign is erected shall be directly responsible for keeping such sign 'and premises around it in a safe, sanitary, neat and clean condition.

Illumination - A sign may be illuminated, provided all light sources shall be designed, shielded, arranged and installed to confine or direct all illumination to the surface of the sign and away from adjoining properties.

Light sources shall not be visible from the street or adjoining properties, except for signs with exposed neon tubes which shall be permitted in all commercial and Industrial Districts.

Animation of a sign through the use of flashing or blinking lights shall not be permitted. Intermittent variation in the illumi- nation of a sign or its lettering shall be permitted provided that the illuminati3rr of any portion of the sign shall not change more- often than once in any five-second period.

C. Traffic Safety - No sign shall, by reason of its design, size, location, content, coloring or manner of illumination, consti- tute a detriment to traffic safety by: obstructing the vision of drivers, or detracting from the visibility of traffic control devices or closely resembling any official traffic control device.

D. Painted Signs - All painted signs shall be on a plate affixed to a wall. Signs painted directly on a wall shall not be permitted in any District.

E. Moving Signs - No sign, or any part thereof, shall be permit- ted to be mechanically moved, rotated or revolved, nor shall any sign give an impression of movement either to a stationary or moving observer. No sign or part thereof shall contain or consist of ban- ners, posters, pennants, ribbons, streamers, spinners, or other similar moving, fluttering or revolving devices. The said devices, as

. well as strings of lights, shall not be used for the purpose of advertising or attracting attention.

Sign Permit - Before any sign in any commercial or industrial district or any other sign specifically designated is erected or relocated, a Sign Permit issued by the Building Official shall be required. 2. Signs Permitted in All Districts - The following signs are permit-

A. A construction sign that gives information about construction work on the same lot shall be permitted until construction is com- pleted and shall not exceed twenty-five (25) square feet in area.

B. A real estate sign that gives information about the availa- bility (for sale or rental) of the premises (in whole or in part) on which the sign is located sha l l not exceed six (6) square feet in area.

h! " comply with the following: A.

B.

F.

ted in all districts subject to the conditions contained herein:

- 415 -

(27, 1604(2), cont'd)

: .. 2.

.\ '. . . (27,) §604(2), cont'd) '

C. A real estate developmi& sign that gives information offer- ing four (4) or more lots, horn@, apartments or stores, for sale or I

lease, on the premises on which5,the sign is located, shall not exceed twenty-five (25) square feet in area, and shall require a Sign Permit.

D. Official government notice&.

E. Government signs to control traffic or for other regulatory purposes, or to identify streets or to warn of danger.

F. Signs that warn of danger, prohibit trespassing or direct traffic on the lot. Such signs shall not exceed a total area of two (2) square feet each.

G. Signs of public service companies to warn of danger. H. Temporary signs for public, politicai and charitable pur-

poses, provided they are removed within 7 days after the publicized event.

I. Religious symbols attached to buildings and not extending within a required yard. -

J. Signs that can be seen only from the lot where the sign is located.

3. Signs Permitted In Residence Districts - The following signs are permitted in all Residence Districts subject to the conditions contained herein:

A. One non-illuminated identification sign not to exceed one square foot in area nor six feet (6') in height, stating the name and address of the occupant. Approved home occupations may also state the appropriate occupation or profession on the sign.

B. For other non-residential uses permitted in these Districts, such as schoolsp churches and public buildings, signs are permitted, provided the total area of all signs shall not exceed twenty-five (25) square feet. 4. Signs Permitted In Commercial And Industrial Districts - The

following signs are permitted in all Commercial and Industrial Districts, subject to approval of a Sign Permit and the following conditions:

A. Wall Signs - All wall signs shall comply with the following (1) Each sign must be attached to a wall or facade of a

building fronting on a public street.

(2) No sign shall project beyond the sides af the front of the building or above the top of any parapet or wall.

(3) A wall sign may extend forward as much as twelve inches (12") from the wall to which it is attached. No part of such sign shall project in front of the building line except that if the face of ths wall is coincident with the building line such sign may extend not more than twelve inches (12'') beyond such line if placed ten feet (10') above the sidewalk and three inches (3") if placed below the ten foot (10') level.

requirements:

- 416 -

I .

(27, §604(4) (A) , cont'd)

(4) No sign shall b €k *ore than twenty feet (20') in height from ground level, except.[,'hn high rise building walls signs may be permitted near the top :bf any wall provided the lowest point of the sign is at least skventy-five feet (75') above finished grade and no more than twenty fee: ( 2 0 ' ) below the top of the parapet or wall. Such signs shall be above the top of all windows in the wall to which they are attached.

.(5) The area of all wall signs shall not exceed two (2) square feet for each lineal foot of building fronting on a public street of ten percent (10%) of the area of the facade of the building fronting on a public street, whichever is greater. B. Freestanding Signs - All freestanding signs shall comply with

(1) The sign shall be supported by a freestanding, self- supporting structure that is erected on the ground and is not attached to a building.

$ 1

k, (27, 4604(4)(A), cont'd)

the following requirement:

i,.

122 No sign shall extend or project beyond any property or street line.

(3) No sign shall be located within fifty feet (50') of the boundary of any residential district.

(4) All signs shall be at least fifteen feet (15') from any lot line fronting on a street.

(5) The area of all freestanding signs shall not exceed one square foot for each lineal foot of lot frontage.

(6) No freestanding sign shall exceed an area of three hundred (300) square feet.

(7) There shall not be more than one freestanding sign f o r each one hundred (100) lineal feet of lot frontage. In deter- mining the number of permitted signs, lot frontage shall be rounded to the nearest one hundred feet (100').

(8) No freestanding sign shall exceed a height of twenty feet (20') above grade as measured to the top of the signs. C. Marquee Signs - All marquee signs shall comply with the

(1) The sign must be attached to a vertical edge of a marquee that lawfully extends forward from a front wall of a building.

(2) No sign shall extend or project beyond any edge of the marquee.

(3) No sign or any part thereof shall extend beyond the curb line.

(4) No sign or any part thereof shall be less than ten feet (10') or more than twenty feet (20') above the sidewalk or other surface over which the marquee extends.

following requirements:

- 417 -

,

(27, 5604, cont 'd ) (27, 5604, cont'd)

5. Signs Permitted I n The 1 -2k tndus t r i a l D i s t r i c t - I n a d d i t i o n t o the s i g n s permitted i n Commercial 4 I n d u s t r i a l Districts, t h e fo l lowing s i g n s s h a l l be permitted i n t h e 1-2 I n d u s t r i a l District sub jec t t o approval of a Sign Permit and t h e following conditions:

A. Roof Sign - (1) Supporting members of a roof s ign s h a l l be an a r c h i t e c -

The s i g n s h a l l be f r e e

(2) No roof s i g n s h a l l extend more than twenty f e e t (20')

(3) The area of a l l roof s igns on the proper ty s h a l l n o t

( 4 ) There s h a l l be no more than one roof s i g n f o r each

No roof s ign s h a l l exceed an area of fou r hundred-(400)

t u r a l and i n t e g r a l p a r t of t h e building. of cab les , guy w i r e s and extra bracing.

i n he ight above the roof of t h e building.

exceed two square fee t f o r each l i n e a l foo t of Pot f rontage .

p r i n c i p a l bu i ld ing on the l o t .

-4 ( 5 ) - square f e e t .

B. Bi l lboards - ( 1 ) A l l b i l l boa rds s h a l l be sub jec t t o approval of a

Special Exception.

(2) A b i l l boa rd s h a l l n o t exceed three hundred ( 3 0 0 ) square f e e t i n area.

(3) No b i l lboa rd s h a l l be more than t e n f e e t ( 1 0 ' ) i n he ight from ground l e v e l and a l l such s t r u c t u r e s s h a l l have an open space of not l e s s than three f e e t ( 3 ' ) between i ts lower edge and t h e ground which space may be sh ie lded by a n ornamental la t t ice .

( 4 ) No b i l lboa rd s h a l l be locgted c lose r than twenty-five f e e t ( 2 5 ' ) t o any property l i n e or road right-of-way or c l o s e r than f i f t y f e e t (50') t o any o the r b i l l boa rd on the same l o t .

(Ord. 530, 9 / 8 / 1 9 8 3 , 5604)

5605. Swimming Pools. Except as provided h e r e i n a f t e r , no in-ground swimming pools and no above-ground swimming pools having a capac i ty of over two thousand (2,000) ga l lons s h a l l be loca ted , constructed, or maintained on any l o t or l and area, except i n conformity with t h e fo l lowing requirement s:

1 . Such pool s h a l l be loca ted i n a real yard only.

2a. The pool s h a l l be i n an enclosed area.

b. The area i n which the pool is loca ted may be enclosed by a f ence or a combination of fence and bui ld ing w a l l s .

c. A l l fences used i n enclosing t h e area i n which a pool is l o c a t e d s h a l l be of good q u a l i t y and s h a l l have a he ight of not less than fou r ( 4 ) f e e t nor more than six (6) f e e t , any o ther provisions of t h i s Chapter no tw i t hs tand ing .

- 418 - Page rev ised 1 / 1 4 / 1 9 8 8

:, . (27, 9605, cont'd) ( 2 7 , 5605, cont'd)

3 . Above-ground swimming poolsfLkich are designed and constructed so that there is a fence built on a deck area or attached to the sides of the swiming pool, and the fence completeiy,surrounds the swimming pool, and the fence extends at least two (2 ) feet aboGe the top side of the swimming pool, and the ladder or steps to the pool is being used by an authorized person, and when the fence is of good quality, then, and in that event, no other fence shall be required.

No lighting or spot lighting shall be permitted which will project light rays beyond the lot lines of the lot on which the pool is located.

5. Permits shall be required for all s w i d n g pools except swimming pools which are located above-ground and have a capacity of two thousand (2,000) gallons or less. Permits may be applied for at the Borough Municipal Building and must be received and approved before the pools are filled with water. Permits shall be valid from the tine of issuance until December 31 of the year in which the permit was issued. There shall be a fee for this permit in the amount of five dollars ($5.00).

(Ord. 530, 9/8/2933, 5605; as amended by Ord. 560, 8/14/1986, 51) -

4.

5606. Nonconforminu Buildinus, Uses and Lots.

1. Continuations - Any lawful use of a building or land existing at the effective date of this Chapter, or authorized by a building permit issued prior thereto, may be continued although such use does not conform to the provisions of this Chapter except that a building permit shall not be transferable.

2. Extension - A nonconforming use of a portion of a building may be extended throughout the building if no structural alterations or additions are made therein. Such extension may include structural alterations or additions when authorized as a Special Exception provided that such altera- tions or additions' are necessary to the continued use of the property and that no additional nonconformities are created. A nonconforming use may be extended upon the lot occupied by such use arid held in single and separate ownership at the effective date of this Chapter when authorized as a Special Exception; provided that any extension or enlargement shall conform to the area and height regulations of the district in which it is situated.

3. Change - A nonconforming use of a building or land may be changed to a nonconforning use of the same or more restricted classification, if no structural alterations are made therein, provided that such change may include structural alterations when authorized as a Special Exception. Whenever a nonconforming use of a building or land has been changed to a use of a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification.

4. Restoration - A nonconforming building which has been damaged or destroyed by fire or other causes to an extent of not more than fifty percent (50%) of its value, or a nonconforming building which has been legally condemned, may be reconstructed and used for the same nonconforming use, provided that (a) the reconstructed building shall not exceed in

1. "additional" in original.

Page revised 1/14/1988 - 419 -

(27, §606(4), cont'd) ( 2 7 . 1606 ( 4 ) cont'd)

height, area, and volume the buildi e- destroyed or condemned, and (b) building reconstruction shall be come !? eed within one (1) year from the date the building was destroyed or condem&c+, and shall be carried on without interruption.

continuous period of one (1) year or more, or if nonconfo:ming use of land ceases for any length of time for any reasons, as determined by the Zoning Officer, subsequ&t use of such building or land shall be in conformity with the provisions of this Chapter.

Nonconforming Lots - A building may be erected or altered on any lot held at the effective date of this Chapter in single and separate ownership which is not of the required minimum area or width or is of such unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which such lot is situated, provided a Special Exception is authorized.

~

5. Abandonment - If a nonconforming use of a building ceases for a

6.

(Ord. 530, 9/8/1983, $606) -- - -

5607. Floodplain Manaqement Resulations.

1. General provisions - A. Intent - The intent of this Section is to:

(1) Promote the general health, welfare, and safety of the community .

(2) Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future .

(3) Minimize danger to public health by protecting water supply and natural drainage.

(4) Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.

B. Applicability - (1) It shall be unlawful for any person, partnership,

business, or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Borough unless a Building Permit has been obtained from the Building Inspector.

(2) A Building Permit shall not be required for minor adjustments or repairs to existing buildings or structures performed by the Building Inspector of his assistant. [Ord. 6391

C. Abrogation and Greater Restrictions - This Section supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive.

- 420 - Page Revised 7/10/2003

.. I ...

(27 , 5607 (D) ) (27, §607 (D))

sec t ion , subsect ion, paragraph, sen- tence, c lause , or phrase of t h s Sect ion s h a l l be dec lared i n v a l i d f o r any reason whatsoever, such d e c b i o n s h a l l not a f f e c t the remaining po r t ions of t h i s Sect ion, which shall remain i n f u l l f o r c e and e f f e c t , and f o r t h i s purpose t h e provisi'ons of t h i s Sec t ion are hereby de- c l a red t o be severable .

p ro t ec t ion sought by the provis ion of t h i s Sec t ion is cons idered reasonable f o r regula tory purposes and i s based on acceptable engi- neer ing methods of study, l a r g e r f loods may occur. Flood he igh t s may be increased by manmade or n a t u r a l causes, such as ice jams and b r i d g e openings r e s t r i c t e d by debr i s . This Sect ion does not imply t h a t areas ou t s ide any i d e n t i f i e d f loodpla in area, or t h a t land uses pe rmi t t ed wi th in such a r e a s w i l l be f r e e from f looding o r f lood damages.

If D. S e v e r a b i l i t y -

E. - Warning and Disclaimer of L i a b i l i t y - The degree of f l o o d -

- . -c -

Page added 1/ 14/ 1988 - 420.1 -

(27, 5607 (11, cont'd)

5

f', This Section shall not create ,,lability on the part of the Borough or any officer or employee thereof f any flood damages that result from reliance on this Section or any Bdministrative decision lawfully made thereunder.

2 . Administration - A. Building Permits Required - Building Permits shall be required

before m y construction or development is undertaken within any area of the Borough.

B. Issuance of Building Permit -

The Building Inspector shall issue a Building Permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.

( 2 ) Prior to the issuance of any building permit, the Building Inspector shall review the application for permit to determine if all other necessary governmental permits requlred by State and Federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the U.S. Clean Water Act, Section 404, 33, U.S.C 1334; and the Pennsylvania Clean Streams Act (Act 1937-394, as amended). No permit shall be issued until this determination has been made.

(3) No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality and until all required pennies or approvals have been first obtained from the Department of Environmental Resources, Bureau of Dams and Waterway Management.

In addition, the Federal Insurance Administrator Pennsylvania Department of Community Affairs, Bureau of Community Planning, shall be notified by the municipalkty prior to any alteration or relocation of any watercourse.

(4) The issuance of all building permits under Chapter 27, Section 607 .of the Code of Ordinances of the Borough of Trainer shall be subject, in addition to all provisions of Chapter 2 7 , to the provisions of the Borough Building Code contained at Chapter 5, Part 1 of the Code of Ordinances of the Borough of Trainer. [Ord. 6391

C. Application Procedures and Requirements - Application for such a building permit shall be made, in

writing, to the Building Inspector on forms supplied by the Borough. Such application shall contain the following:

(a) Name and address of applicant.

(b)

(1)

- 4 -

(1)

Name and address of owner of land on which proposed construction is to occur.

(c) Name and address of contractor.

(d) Site location.

(e) Listing of other permits required.

Page Revised 7/10/2003 - 421 -

(27, §607(2) (C) , cont'd)

(f) Brief descrip $an of proposed work and estimated

(9) A plan of the 'site showing the exact size and location of the proposed cojlstruction as well as any existing buildings or structures.

(2) If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for Building Permits shall provide all the necessary information in sufficient detail and clarity to enable the Building Inspector to determine that:-

(a) all such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances.

(b) all utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and

(c) adequate drainage is provided so as to reduce exposure to flood hazards.

( 3 ) In order to properly make the above determinations, the Building Inspector may require the following additional informa- tion.

cost I I\ 'i L , I

-4 -

(a) a completed Building Permit Application Form.

(b) a plan of the entire site, clearly and legible drawn at a scale of one inch (1") being equal to one hundred feet (100') or less, showing the following:

1) north arrow, scale, and date;

2) topographic contour lines, if available;

3 ) all property and Tot lines including dimen- sions, and the size of the site expressed in acres or square feet;

4 ) the location of all existing and proposed building, structures, and other improvements, including the location of any existing or proposed subdivision and land development.

and other accessways; and 5) the location of all existing streets, drives,

6) the location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water including direction and velocities.

(c) Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:

1) the proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929;

- 422 - Page Revised 7/10/2003

I 4 ' t b

(27, 5607 (2) (C), cont'd) (27, §607(2) ( C ) , cont'd) i s

.I "

\\!), flood; B 2) the e1,Vation of the one hundred (100) year

3 if ava'ilable, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors ahsociated with a one hundred (100) year flood; and

4 1 detailed information concerning any proposed

i

4

flood-proofing measures.

(d) The following data and documentation:

1) a document, certified by a registered profess- sional engineer or architect, which state that the proposed construction or development has been adequately designed to withstand the one hundred (100) year flood elevations, pressures, velocities, impact and uplift forces associated with the one hundred (100) year flood.

Such statement shall include a descriptionpf the type and extent of flood proofing measures which have been incorporated into the design of the structure and/or the development.

..c -

i

2) detailed information needed to determine compliance with 607.4, 4., f., Storage and 607.4, 5, Identification of Act 166 Regulated Activities, in- cluding: the amount, location and purpose of any materials or substances referred to in 1462.04(d), (6) which are intended to be used, produced, stored or otherwise maintained on site.

3) the appropriate component of the Department of Environmental Resources' "Planning Module for Land Development".

4) where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Resources, to implement and maintain erosion and sedimentation control.

D. Review by County Conservation District - A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Building Inspector to the County Conservation District for review and comment prior to the issuance of a building permit. The recommendations of the Conservation District shall be considered by the Building Inspector for possible incorporation into the proposed plan.

E. Review of Application by Others - A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Building Inspector to any other appropriate agencies and/or individuals (e.g. planning commission, municipal engineer, etc.) for review and comment.

Page Revised 7/10/2003 - 423 -

...

( 2 7 , 9607 (2 (F) 1

F. Changes - After the is Ace of a building permit by the Building Inspector, no changes Y f any kind shall be made to the application, permit, or any of th, plans, specifications or other documents submitted with the application without the written consent or approval of the Building Inspector. Requests for any such changes shall be in writing, and shall be submitted by the applicant to the Building Inspector for consideration.

Placards - In addition to the building permit, the Building Inspector shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the buildicg permit, the date of its issuance and be signed by the Building Inspector.

H. Start of Construction - Work on the proposed construction and/or development shall begin within six ( 6 ) month:; and shall be completed within twelve (12) months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the Building inspector. Construction and/or development -1 be considered to have started with the preparation of land, land clearing, grading, filling, excavation for basement, footings, piers, or foundation, erection of temporary forms, the installation of sewer, gas and water pipes, or electrical or other service lines from the street.

G.

Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Building Inspector to approve such a request.

I. Inspection and Revocation - (1) During the construction period, the Building Inspector

or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable Borough laws and ordinances. He shall make as many inspections during and upon completion of the work as are necessary.

( 2 ) In the event the Building Inspector discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Building Inspector shall revoke the building permit and report such fact to the Borough Council for whatever action it considers necessary.

( 3 ) A record of all such inspections and violations of this ordinance shall be maintained.

J. Fees - Applications for building permits shall be accompanied by a fee, payable to the Borough of Trainer, based upon the estimated cost of the proposed construction or other work as determined by the Building Inspector and at the permit fee rates set forth within the Trainer Borough Building Code contained at Chapter 5 , Part 1 of the Code of Ordinances of the Borough of Trainer. [Ord. 6391

- 424 - Page Revised 7/10/2003

? . ' .. 1' ;.

I (1) Notices - Wheneber the Building Inspector or other authorized municipal reprekentative determines that there are reasonable grounds to believeAthat there has been a violation of any provisions of this Section, or of any regulation adopted pursuant thereto, the Building Inspector shall give notice of such alleged violation as hereinafter provided. Such notice shall (a) be ia writing; (b) include a statement of the reasons for its issuance; (c) allow a reasonable time not to exceed a period of thirty (30) days for the performance of any act it requires; (d) be served upon the property owner or his agent as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this State; (e) contain compliance with the provisions of this Section.

(2) Penalties - Any person who fails to comply with any or all of-the requirements or provisions of this Chapter or who-fails or refuses to comply with any notice, order or direction of the Building Inspector or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction, shall pay a fine to the Borough of not less than twenty-five dollars ($25.00) or more than three hundred dollars ($300.00); and/or shall be imprisoned in county prison for a period not to exceed ninety (90) days. Each day during which any violation of this Section continues shall constitute a separate offense. In addition to the above penalties, all other actions are hereby reserved including an action in equity for the proper enforcement of this Section. The imposition of a fine or penalty for any violation of, or non-compliance with, this Section shall not excuse the violation or non-compliance or permit to continue; and all such persons shall be required to correct or remedy such development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in non-compliance with this Section may be declared by the Borough Council to be a public nuisance and abatable as such.

L. Appeals - (1) Any person aggrieved by any action or decision of the

Building Inspector involving the administration of the provisions of this Section may appeal to the Borough Council. Such appeal must be filed, in writing, within thirty (30) days after the decision or action of the Building Inspector.

(2) Open receipt of such appeal the Council shall set a time . and place, within not less than ten (10) nor more than thirty (30) days, for the purpose of considering the appeal. Notice of the time and place at which the appeal will be considered shall be given to all parties.

Page Revised 7/10/2003 - 425 -

: :; (27, §607(2) (L), cont'd) - (27, §607(2) (L), cont'd)

\ '

( 3 ) Any person by any decision of the Borough Council, etc. may seek relie& therefrom by appeal to court, as provided by the laws of this 'Gqponwealth including the Pennsyl- vania Floodplain Management Act:,

3. Identification of Floodplain Districts -

A. Designation of Floodplain Districts - The Borough of Trainer, hereby establishes a Floodplain District to include all areas subject to inundation by waters of the one hundred (100) year flood. The source of this delineation shall be the Flood Insurance Study for the Borough of Trainer, -Delaware County, Pennsylvania, by the Federal Emergency Management agency, Federal Insurance Administration, dated September 4, 1986, and any subsequent revision promulgated by the Agency. The following nomenclature and definitions are used in referring to the various kinds of floodplain areas: [Ord. 5661

(1) FW (Floodway Areas) - the areas identified as "Flood- way' in the Flood Insurance Study prepared by the FIA. The FW Area is delineated for purposes of this Section using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one hundred (100) year flood without increasing the water surface elevation of that flood more than one foot (1') at any point. The areas included in this area are specifically defined in the Floodway Data Table contained in the above- referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study prepared by the FEMA. [Ord. 5661

(2) F-F (Flood-Fringe Area) - The areas identified as "Floodway Fringe' in the Flood Insurance Study prepared by the FIA. The F-F Area shall be that area of the 100 year floodplain not included in the Floodway. The basis for the outermost boundary of this District shall be the one hundred (100) year flood elevations contained in the flood profiles of the above referenced Flood Insurance Study and as shown on the accompanying Flood Boundary and Floodway Map.

(3) The FA (General Floodplain Area) shall be that floodplain area for which no detailed flood elevations or floodway information is provided. Such areas are shown as Zone A on the maps accompanying the Flood Insurance Study prepared by the FEMA. For these areas, elevation and floodway information from other Federal, State, and other acceptable sources shall be used when available. When such other acceptable information is not available, the elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site. [Ord. 5661

..L -

- 426 - Page revised 1/14/1988

.. ! ..

(27, §607(3), cont 'd)

!

(27, §607(3), c o n t ' d )

The FA (General Flo upla in Area) s h a l l be that f l o o d p l a i n area f o r which no d e t a i l b , flood elevat ions o r floodway informa- t i o n is provided. Such drpas are shown as Zone A on the maps accompanying the Flood Insurance Study prepared by FEMA. For these areas, e leva t ion and 'floodway information from F e d e r a l , S t a t e , o r o ther acceptable sources, s h a l l be used when a v a i l a b l e . When such o ther acceptable information i s not a v a i l a b l e , t h e appl icant f o r the proposed use, development, o r a c t i v i t y sha l l determine t h e one hundred (100) year e levat ion i n accordance w i t h hydrologic and hydraulic engineering techniques. [Ord. 5661

The FA (General Floodplain Area) s h a l l be t h a t f l o o d p l a i n area f o r which no de ta i l ed flood elevat ions o r floodway informa- t i o n is provided. Such areas are shown as Zone A on t h e maps accompanying the Flood Insurance Study prepared by FEMA. For these areas, e leva t ion and floodway information from o t h e r Federal , S t a t e , o r other acceptable sources, s h a l l be used when ava i lab le , the appl icant f o r the proposed use, development, o r act.&+ty s h a l l determine t h e one hundred (100) y e a r e l e v a t i o n i n accordance with hydrologic and hydraul ic engineering techniques . [Ord. 5661

(a) Corps of Engineers - Floodplain informat ion

(b) U.S. Geological Survey - Flood Prone Quadrangles

(c) U.S.D.A., S o i l Conservation Serv ice - County Soil

(d) Pennsylvania Department of Environmental Resources

(e) Known Highwater Marks from P a s t Floods.

( f ) Other sources.

r epor t s

Surveys (Alluvial Soi l s ) o r P.L. 566 Flood Information.

- Flood Control Invest igat ions.

.. B. Changes i n Floodplain Area Delineations - The areas con-

s idered t o be f loodplain may be revised o r modified by the Borough Council, Borough of Trainer where s t u d i e s or information provided by a qua l i f i ed agency o r person documents the need o r p o s s i b i l i t y f o r such rev i s ion .

No modification o r rev is ion of any floodplain area i d e n t i f i e d i n t h e Flood Insurance Study prepared by the Federa l Insurance Administration s h a l l be made without p r i o r approval from the F e d e r a l Insurance Administration.

C. Disputes - Should a dispute a r i s e concerning t h e i d e n t i f i ca t ion of any f loodplain area, an i n i t i a l determinat ion sha l l be made by the Planning Commission and any party aggrieved by such decis ion may appeal t o the Borough Council. The burden of proof shal l be on the appel lant .

Page revised 1/14/1988 - 427 -

( 2 7 , § 6 0 7 ( 4 ) )

.. , ,. A. i .! ,

., ,

i. i %-,

\!',. 4 . Technical Provisions -

( 2 7 , § 6 0 7 ( 4 ) )

i ! . ' 5

A. General

(1) No encroachment, a l t e r a t i o n , or improvlement of any kind s h a l l be made t o any watercourse u n t i l a l l adjacent , munic ipa l i t i es which may be a f fec ted by such a c t i o n have been no t i f i ed by the Borough, and u n t i l a l l required permits or approvals have been f i r s t obtained from the Department of Environmental Resources, Bureau of Dams and Watexway Management.

I n addi t ion , t h e Federal Insurance Administrator and Pennsylvania Department of Community Af fa i r s , Bureau of Community Planning, s h a l l be n o t i f i e d p r io r t o any a l t e r a t i o n or r e loca t ion of any watercourse.

( 2 ) Any new construct ion, development, uses or a c t i v i t i e s allowed wi th in any iden t i f i ed f loodpla in area, s h a l l be undertaken i n strict compliance with the provis ions contained i n t h i s Ssq t ioa and any other appl icable codes, ordinances- and regulations.

B. Special Floodway and Stream Setback Requirements - (1) Within any F-W (Floodway Area), the following

(a) Any new construction, development, use, a c t i v i t y , o r encroachment t h a t would cause any increase i n f lood

(b) No new construct ion o r development shall be allowed, unless a permit is obtained from the Department of Environmental Resources, Bureau of Dams and Waterway Management.

( 2 ) Within and F-A (General Flaqdplain Area), t he following

(a) No new construct ion o r development s h a l l be located within t h e a rea measured f i f t y f e e t (50') landward from the top-of-bank of any watercourse.

provisions apply:

he ights s h a l l be prohibited. !

provisions apply:

C.

(1) Resident ia l S t ruc tures - Within any F-W, F-F, or F-A area, t he lowest floor (including basement) of any new o r subs t an t i a l ly improved r e s i d e n t i a l s t r u c t u r e s h a l l b e at least one and one-half f e e t (1 1/2') above the one hundred (LOO) year flood elevat ion.

Elevation and Floodproofing Requirements -

(2) Non-residential S t ruc tures - (a) Within and F-W, F-F or F-A Area, the lowest f l oo r

( including basement) of any new or subs t a n t i a l l y improved non-residential s t r u c t u r e s h a l l be a t least one and one-half f e e t (1 1/2') above the one hundred (100) year f lood elevat ion, or be designed and constructed so t h a t the space enclosed by such s t ruc tu re s h a l l remain e i t h e r completely or e s s e n t i a l l y dry during any flood up t o t h a t height .

- 428 - Page revised 1/14/1988

(27, 5607(4)(C)(2)(b) cont'd) (27, 5607 (4) (C) (2) (b) cont ' d) pj,

/ Any s t r u c t i r e , o r p a r t thereof , which w i l l n o t be ? completely o r adequa'tely e levated, s h a l l be designed and

constructed t o be "kompletely o r e s s e n t i a l l y d r y i n accordance with the s tandards contained i n the p u b l i c a t i o n e n t i t l e d "Flood-Proof ing Regulations" (U. S. Army Corps of Engineers, June 1972), o r some o ther equivalent s t a n d a r d , f o r tha t , 1 - type of construction.

D. Design and Construction Standards - The following s t a n d a r d s s h a l l apply f o r a l l construct ion and development proposed w i t h i n any i d e n t i f i e d f loodplain area:

(b)

(1) F i l l - I f f i l l is used, i t s h a l l :

(a) extend l a t e r a l l y a t l e a s t f i f t e e n f e e t (15') beyond the bui lding l i n e from a l l points ,

(b) cons is t of s o i l o r small rock materials on ly , Sani ta ry Landf i l l s sha l l not be permitted,

-- - (c) be compacted t o provide the necessary permeabi l i ty and r e s i s t ance to erosion, scouring, or s e t t l i n g ,

(d) be no s teeper than one (1) vertical t o t w o (2) hor izonta l , unless subs tan t ia ted data , j u s t i f ying s t e e p e r s lopes are submitted to , and approved by the Bu i ld ing Inspector ,

(e ) be used t o the extent t o which i t does n o t adversely a f f e c t adjacent proper t ies .

(2) Drainage - Storm drainage f a c i l i t i e s shal l be des igned t o convey t h e flow of storm water runoff i n a s a f e and e f f i c i e n t manner. The system s h a l l insure proper drainage along streets, and provide pos i t ive drainage away from buildings. The system s h a l l a l s o be designed to prevent the discharge of excess runoff onto adjacent propert ies . _ _

(3) Water and Sani tary Sewer F a c i l i t i e s and Systems - (a) A l l new o r replacement water and s a n i t a r y s e w e r

f a c i l i t i e s and systems shril l be located, designed and constructed t o minimize o r e l imina te f lood damages and the i n f i l t r a t i o n of flood waters.

(b) Sani ta ry sewer f a c i l i t i e s and systems s h a l l be designed t o prevent the discharge of un t rea ted sewage i n t o flood waters.

(c) No p a r t of any on-site sewage system shall be located within any iden t i f i ed f loodpla in area except i n str ict compliance with a l l S t a t e and l o c a l r egu la t ions f o r such systems. I f any such system is permitted, i t sha l l be located so as to avoid impairment t o i t , o r contamination from it, during a flood.

(4) Other U t i l i t i e s - A l l o ther u t i l i t i e s such as gas l i n e s , e l e c t r i c a l and telephone systems s h a l l be l o c a t e d , elevated (where possible) and constructed t o minimize the change of impairment during a flood.

Page revised 1/14/1988 - 429 -

. i, ,

(27, §607(4)(D)(5) , cont'd) .1 , (27, §607(4) (D) ( 5 ) , cont 'd)

( 5 ) S t r e e t s - The fix#shed elevat ion of a l l new s t ree ts s h a l l be no more than one fpo t (1') below the Regulatory Flood E leva ti on.

(6) Storage - A l l materials t h a t a re buoyant, flammable, explosive or , i n times of flooding, could be in ju r ious t o human, animal, o r p l an t l i f e , and not l i s t e d :in 60714, 5 . , Iden t i f i ca t ion of A c t 166 Regulated Ac t iv i t i e s , s h a l l be s tored a t o r above the Regulatory Flood Elevation and/or floodproofed t o t h e maximum exten t possible.

(7) Placement of Buildings and St ruc tures - A l l bu i ld ings and s t r u c t u r e s s h a l l be designed, located, and constructed so as t o o f f e r the minimum obstruct ion t o the flow of -water and s h a l l be designed t o have a minimum e f f e c t upon the flow and height of f lood water .

I

I . , ', *

(8) Anchoring - ..I - (a) A l l bui ldings and s t r u c t u r e s s h a l l be f i w y

anchored i n accordance with accepted engineering p rac t i ces t o prevent f l o t a t i o n , collapse, o r lateral movement.

(b) A l l a i r ducts , l a rge pipes, s torage tanks, and other similar ob jec t s or components loca ted below the Regulatory Flood Elevation s h a l l be secure ly anchored or af f ixed t o prevent f lo t a t ion .

(9) Floors, Walls and Ceilings - (a) Wood f loor ing used a t o r below the Regulatory

Flood Elevation shall be in s t a l l ed t o accommodate a l a t e r a l expansion of t he f loor ing , perpendicular t o the f loor ing gra in without causing s t r u c t u r a l damage t o the building.

(b) Plywood used a t or below the Regulatory Flood Elevation shall be of a "marhe" o r "water-resistant" va r i e ty .

(c) Walls and ce i l i ngs a t or below the Regulatory Flood Elevation s h a l l be designed and constructed of mater ia l s t h a t are water-resis tant and w i l l withstand inundation.

(d) Windows, doors, and other components a t or below the Regulatory Flood Elevation s h a l l be made of metal o r o ther water - res i s tan t material .

(10) Pa in t s and Adhesives - (a) P a i n t s or o ther f in i shes used a t o r below the

Regulatory Flood Elevation s h a l l be of a "marine" o r water - res i s tan t qua l i ty .

(b) Adhesives used a t or below the Regulatory Flood Elevation s h a l l be of a "marine" or water-resis tant q u a l i t y .

- 430 - Page revised 1/ 141 1988

.

i

(27, §607(4) (D) (lO(c)), cont'd) \ * ? (27, §607(4) (D) (10) (c ) , cont 'd )

components (doors, trim, cab ine t s , (c) A l l wood#-' e tc . ) s h a l l be finiqhed with a "marine" or wa te r - r e s i s t an t pa in t o r other f inisf ; ing mater ia l .

(11) E l e c t r i c a l Components - (a) E l e c t r i c a l d i s t r i b u t i o n panels s h a l l be at least

three f e e t (3') above the one hundred (100) year f lood

(b) Separate electrical c i r c u i t s s h a l l serve lower

~ elevation.

l e v e l s and s h a l l be dropped from above.

(12) Equipment - (a) Water hea te r s , furnaces, a i r condi t ioning and

v e n t i l a t i n g u n i t s , and o ther electrical , mechanical, o r u t i l i t y equipment o r apparatus s h a l l not be located below the Regulatory Flood Elevation.

(13) Fuel Supply Systems - (a) A l l gas and o i l supply systems s h a l l be designed

t o prevent the I n f i l t r a t i o n of flood waters i n t o the system and discharges from the system i n t o f lood waters. Additional provis ions s h a l l be made f o r t he drainage of these systems i n the event t h a t f lood water i n f i l t r a t i o n occurs.

E. Iden t i f i ca t ion of A c t 166 Regulated A c t i v i t i e s - I n accordance with the adminis t ra t ive regula t ions promulgated by t h e Department of Community Affa i r s t o implement the Pennsylvania Flood P la in Management Act (Act 166 of 1978), the following ac t iv i t ies have been i d e n t i f i e d a s being dangerous t o human l i f e o r posing s p e c i a l hazard i n f loodplain areas:

(1) Any new or substantially..improved s t r u c t u r e which w i l l be used f o r the production o r s torage of any of the fol lowing dangerous mater ia ls o r substances or which w i l l be used f o r any a c t i v i t y requir ing the maintenance of a supply (more than 550 gal lons or other comparable volume o r any amount of r ad ioac t ive substances) of any of t he following dangerous materials o r substances on the premises :

-- -

(a) Acetone (b) Ammonia (c) Benzene (d) Calcium carbide (e) Carbon d i s u l f i d e ( f ) Cel luloid (g) Chlorine (h) Hydrochloric acid ( i ) Hydrocyanic ac id (1) Magnesium (k) Nit r ic acid and oxides of nitrogen (1) Petroleum products (gasoline, f u e l o i l , e t c . )

Page revised 1/14/1988 - 431 -

! ,..

( 27 , 5607 (4) (E) ( 1) (m) , cont ' d) . \ . (27, 5607(4) (E) (1) (m) , cont'd) \t: 3 \ -2

(m) Phosphorus (n) Potassium i,. ,, ( 0 ) Sodium f

(p) Sulphur and sulphur products (q) Pes t ic ides ( including insec t ic ides , fungicides and

rodent ic ides) ( r ) Radioactive substances, insofar as such substances

are not otherwise regulated.

Except f o r a poss ib le modification of the freeboard requirements involved, no variance s h a l l be granted f o r any of t he o ther requirements per ta in ing s p e c i f i c a l l y t o a c t i v i t i e s described i n Subsection a. [Ord. 5661

Within any FW (Floodway Area), any s t r u c t u r e of t he kind described in t h i s Subsection (1) , s h a l l be prohibi ted.

Where permitted wi th in any FF (Flood-Frfnge Area) or FA (General Floodplain Area), any s t ruc tu re of the kind described i n t h i s Subsection (l), s h a l l be:

elevated or designed and constructed t o remain completely dry up t o a t least one and one-half f e e t (1 1 / 2 ' ) above the one hundred (100) year f lood and

2 ) designed t o prevent po l lu t ion from the s t r u c t u r e o r a c t i v i t y during the course of a one hundred (100) year flood.

Any such s t r u c t u r e , o r p a r t thereof, t h a t w i l l be b u i l t below the Regulatory Flood Elevation s h a l l be designed and constructed i n accordance with the standards f o r completely dry f lood-proof ing contained i n t h e pub l i ca t ion "Flood-Proofing Regulation (U.S. Army Corps of Engineers, June 1972), o r with some other equivalent wa te r t igh t standard . (2) The construct ion, enlargement or expansion of any

s t r u c t u r e used, o r intended t o be used, f o r any of the following:

1)

--.

(a) Hospi ta ls

(b) Nursing homes

(c) Jails o r pr isons

(3) The commencement o f , or any construct ion of, a new indiv idua l mobile home, mobile home park o r mobile home subdivision.

F. Floodplain Res t r i c t ions - Within any i d e n t i f i e d Fw, FF o r FA Floodplain Area, the a c t i v i t i e s described i n Sections (2) , and (3) , s h a l l be prohibi ted and no var iance s h a l l be granted.

5 . Exist ing S t ruc tures and Uses I n Iden t i f i ed Floodplain Areas -

i

A. General - Struc tures or uses ex i s t ing i n any i d e n t i f i e d f loodplain area p r i o r t o the enactment of t h i s Section may continue subjec t t o the following provis ions :

- 4 3 2 - Page revised 1/14/1988

! ,,.

1 :

i. 5, t I;

(1) No expansion q. enlargement of an ex i s t ing s t r u c t u r e s h a l l be allowed within any i den t i f i ed floodway t h a t would cause any increase i n flood heights.

(2) Any modification, a l t e r a t i o n , reconstruct ion, or improvement of any kind t o an ex is t ing s t ruc tu re , t o an extent or amount of f i f t y percent (50%) or more of its market value s h a l l cons t i t u t e a subs t an t i a l improvement and s h a l l be undertaken only - i n f u l l compliance with the provisions of t h i s Section.

6. Variances - A. General - I f compliance with any of the requirements of t h i s

Section would r e s u l t i n an exceptional hardship f o r a prospective builder, developer, or landowner, the Borough may, upon request , grant r e l i e f from the s t r i c t appl icat ion of the requirements.

Variance Procedures and Requirements - Requests for variances s h a l l be considered by the Borough i n accordance with the following:

-- 4 1 ) No variance shall be granted f o r any construction, development, use o r a c t i v i t y within any F-W Floodway Area t h a t would cause any increase i n the one hundred (100) year flood elevation.

(2) I f granted, a variance s h a l l involve only the l e a s t modification necessary to provide r e l i e f .

( 3 ) I n granting any variance, the Borough s h a l l a t t ach whatever reasonable conditions and safeguards i t considers necessary i n order t o protect the publ ic heal th , sa fe ty , and welfare, and t o achieve the object ives of t h i s Section.

( 4 ) Whenever a variance is granted, the Borough s h a l l no t i fy the applicant i n writ ing that :

(a) the granting of..$he variance may r e s u l t i n increased premium ra t e s f o r flood insurance.

(b) such variances may increase the r i s k s t o l i f e and property.

( 5 ) I n reviewing any request f o r a variance, the Borough

B.

s h a l l consider, but not be l imited to , the following:

(a) t ha t there is good and s u f f i c i e n t cause.

(b) tha t f a i l u r e t o grant the variance would r e s u l t i n exceptional hardship t o the appl icant .

(c) t ha t the granting of the variance w i l l ( i ) ne i the r r e s u l t i n an unacceptable or prohibited increase in flood heights , addi t iona l t h r e a t s t o public sa fe ty , or extraordinary public expense; (ii) nor c rea te nuisances , cause fraud on, o r victimize the public, or c o n f l i c t with any other applicable S ta t e s t a t u t e or regulation, o r l o c a l ordinance o r regulation.

i

Page revised 1/14/1988 - 433 -

(27, 5607(6) (B)(6), cont’d)

1 1 I-, (6) A complete record kf a l l variance requests and r e l a t e d

ac t ions s h a l l be maintaine&+’,by the Borough. I n addi t ion, a report of a l l variances grante& during the year s h a l l be included i n the annual report t o the FedeFal Insurance Administration.

Notwithstanding any of the above, however., a l l s t ruc tu res s h a l l be designed and constructed so as t o have the capab i l i t y of r e s i s t i n g the one hundred (100) year flood.

7. Defini t ions - A. General - Unless spec i f i ca l ly defined below, words and

phrases used i n t h i s Ordinance s h a l l be interpreted so as t o give t h i s Section i ts most reasonable application.

B. Specif ic Definit ions - ACCESSORY USE OR STRUCTURE - a use o r s t ruc tu re on t h e same l o t

with, and of a nature customarily inc identa l and subordinate to , the pr inc ipa l use o r s t ructure .

BUILDING - a combination of materials t o form a permanent s t ruc tu re having walls and a roof. Included s h a l l be a l l mobile homes and t r a i l e r s t o be used f o r human habi ta t ion.

COMPLETELY DRY SPACE - a space which w i l l remain t o t a l l y dry during flooding; the s t ruc tu re is designed and constructed t o prevent t h e passage of water and water vapor.

CONSTRUCTION - t he construction, reconstruction, renovation, r epa i r , extension, expansion, a l t e r a t ion , o r re loca t ion of a bui lding o r s t ruc tu re , including the placement of mobile homes.

DEVELOPMENT - any man-made change t o improved or unimproved real estate, including but not l imited t o buildings or other s t ruc tu res , the placement of mobile homes, s t r e e t s , and other paving, - u t i l i t i e s , f i l l i n g , grading, excavation, mining, dredging, or d r i l l i n g operations and the subdivision of land.

ESSENTIALLY DRY SPACE - a space which w i l l remain dry during flooding, except fo r the passage of some water vapor or minor seepage; the s t ruc ture is subs tan t ia l ly impermeable t o the passage of water.

FLOOD - a temporary inundation of normally dry land areas.

FLOODPLAIN - a re l a t ive ly flat or lcw land area which is subject t o p a r t i a l or complete inundation from an adjoining or nearby stream, r i v e r or watercourse; and/or any area subject t o the unusual and rapid accumulation of surface waters from any source.

FLOODPROOFING - any combination of s t r u c t u r a l and non-structural addi t ions, changes, o r adjustments t o s t ruc tu res which reduce o r eliminate flood damage t o real e s t a t e o r improved real property, water and san i ta ry f a c i l i t i e s , s t ruc tures , and t h e i r contents.

IDENTIFIED FLOODPLAIN AREA - the floodplain area s p e c i f i c a l l y ident i f ied i n t h i s Section as being inundated by the one hundred (100) year flood.

-L -

- 434 - Page revised 1/14/1988

. (27, is607 (7) (B), cont'd)

:. i (27, 9607 (7) (B) , cont 'd) \I,

LAND DEVELOPMENT - (i) the i ',ovement of one lot, or two or more contiguous lots, tracts, or parceks of land for any purpose involving (a) a group of two or more buildinis, or (b) the division or allocation of land or space between or among tbo or more existing or prospective occupants by means of, or for the Purpose of streets, common areas, leaseholds, condominiums, building groups or other features; (ii) a subdivision of land.

MINOR MPAIR - the replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe. water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

MANUFA€-TURED HOME - a structure, transportable in one or -more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term includes park trailers, travel trailers, recreational, and other similar vehicles placed on a site for more than one hundxed eighty (180) consecutive days. [Ord. 5661

MANUFACTURED HOME PARK - a parcel (or contiguous parcels) of land which has been planned and improved for the placement of two or more manufactured homes. [Ord. 5661

OBSTRUCTION - any wall, dam, wharf. embankment. levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse- or floodplain area, (i) which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water might carry the same downstream to the damage of life and property.

ONE " D R E D YEAR FLOOD -. a flood that, on the average, is likely to occur once every one hundred (100) years (i.e. that has one percent (1%) chance of occurring each year, although the flood may occur in any year) .

PERSON - an individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

REGULATORY FLOOD ELEVATION - the one hundred (100) year flood elevation plus a freeboard safety factory of one and one-half feet (1 1/2').

STRUCTURE - anything constructed or erected on the ground or attached to the ground including, hut not limited to, buildings, sheds, mobile homes, and other similar items.

Page Corrected 7/10/2003 - 435 -

I .

t

(27, 9607 (7) (B), cont'd) \ .I I'

(27, §607(7) (B). cont'd)

\$ SUBDIVISION - the division or x&ivision of a lot, tract, or parcel

of land by any means into two or mhre lots, tracts, parcels, or other division of land, including changp, in existing lot lines for the purpose, whether immediate or future:" of lease transfer of ownership, or building, or lot development, proviged however, that the division of land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or easement of access, shall be exempted.

(Ord. 530, 9/8/1983; as mended by Ord. 544, 6/14/1984; by Ord. 566, 5/14/1987. §§I - VII; and by Ord. 639, 12/13/2001, EIV)

.. + - -. 5608. Storase Lockers

1. Definition.

STORAGE LOCKERS - any building, portion of a building, shed, cubicle, space, pen, or other facility which is substantially used for the purpose of allowing persons, individuals, corporations, or any other entities, which do not reside or occupy as a principal place of business the subject I'6cXtion, to store, keep, rest, or maintain goods, products. or materials of any kind in the building, portion of a .building, shed, cubicle, space, pen, or other facility which is substantially used for the purpose of allowing persons, individuals, corporations, or any other entities, which do not reside or occupy as a principal place of business.

2. Construction of Storase Lockers:

A. No storage locker shall exceed one story in hei.ght.

B. The interior dimensions of any locker unit shall not exceed ten (10) feet by eighteen (18) feet by eight (8) feet high.

C. All walls between storage locker units shall be a minimum of six (6) inch concrete block or the equival&t thereof.

D. There shall not be any drains from any locker unit leading to any storm sewer system.

E.' There shall not be any drain from any storage locker unit leading to a sanitary sewer system unless the owner, renter, or occupier of the storage locker unit or facility installs all necessary meters and pays all charges which nay be required of any industrial user of the sanitary sewer system of the Borough of Trainer pursuant to Chapter 18 of the Code of Ordinances of the Borough of Trainer.

F. All storage locker units must have metal roof designated to withstand dead, live, and snow loads normal to the area. There shall be no common crawl space or attic area interconnecting the units.

G. There shall be no interconnection between storage locker units or between storage units in any other building.

H. Each storage locker unit shall have only one opening.

I. There shall be a water proof vent to the outside atmosphere for each locker unit.

i

.. .. t . . .- . . . . I . . ? . .

- 436 - Page Revised 7/10/2003

...

p <. : I . < a '.

. I J. No storage locker f a # i i t y o r complex s h a l l be cons t ruc t ed

within two hundred (200) f e e t pf any home, school, church, playground areas , or park ares. '*

K. f e e t from any property l ine.

L. There s h a l l be no less than twenty-five (25) f e e t between rows of locker uni ts .

M. There s h a l l be minimum of a six ( 6 ) foo t high f e n c e constructed around the e n t i r e storage locker complex. Such fence must comply with a l l s e t back and zoning and building l a w s and Ordinances of the Borough of Trainer.

3. Location of Storage Lockers. A l l locker u n i t s s h a l l be b u i l t on proper and adequate foundations with a concrete f loor of a minimum of fou r (4) inches thick.

4. Security System i n Storage Locker Unit. There s h a l l be a fire/smoke detector i n proper working order i n each s torage locker unit . Every storage -locker f a c i l i t y s h a l l have a secu r i ty system f o r the ent i re f a c i l i t y which s h a l l be adequate t o prevent t respassers and others w i thou t authori ty or r igh t from enter ing the storage locker f a c i l i t y .

5 . Office and/or Guard Box. An of f i ce and/or guard box or s t a t i o n may be b u i l t at the entrance t o the storage locker complex but may not be incorporated a s to be a par t of t he required outer perimeter fencing.

6 . Parking. A l l driveways and parking spaces must be constructed of an approved hard pan surface of e i t h e r asphalt or concrete.

7. Storage of Hazardous I n Storage Lockers.

A. Hazardous mater ia l s s h a l l not be kept or s tored i n any storage locker. Hazardous materials s h a l l include tox ic and poisonous materials as well a s petroleum products and a l l materials de f ined as hazardous by the Commonwealth of Pennsylvania and f o r the Uni ted States of America and/or any s t a t e or f ede ra l government agency.

B. No vehicles, motors, equipment with motors, tanks, o r o t h e r items which normally contain gasoline o r other petroleum or a l c o h o l f u e l s h a l l be stored unless the tanks and engines are clean of a l l fuel .

8. Inspection. Each s torage un i t may be inspected a t any t ime, without not ice by the Borough fo r the purpose of discovering any hazardous materials. The storage locker complex may be inspected a t any t ime, without notice, by the Borough of Trainer t o ensure compliance with t h i s Part.

9. L iab i l i ty . L iab i l i t y f o r unsafe conditions and f o r v i o l a t i o n of t h i s P a r t s h a l l be charged t o the owner(s) and/or manager(s) of the s t o r a g e complex f a c i l i t y , the corporate o f f i ce r s of any corporate owner and /o r corporate manager, and/or the Lessee of any storage locker un i t .

1 : .

No storage locker u n i t s h a l l be c loser then f i f t y (50)

A. Storage lockers may be constructed only i n B-Business D i s - t r i c t s , 1-1 Light Indus t r i a l D i s t r i c t s and 1-2 General I n d u s t r i a l D i s t r i c t s .

Page added 1/14/1988 - 436.1 -

(27, 5608(10))

1 i t

i * (27, §608(10))

10. Penalties. A l l penal t ies whtck can be imposed f o r the v io l a t ion of any Zoning Chapter o r Building Chapter of the Borough of Trainer shall be applicable t o v io la t ions of t h i s ' r P a r t 10. In addi t ion thereto, penal t ies and aff i rmat ive dut ies s h a l l 'pe imposed for a l l v io l a t ions of t h i s P a r t 10 as follows:

A. A penalty of no more than three hundred ($300.00) do l l a r s per v io la t ion f o r each day on which the v io la t ion continues to exist.

B. A l l pena l t ies which may be imposed f o r the commission of a summary offense, including a prison term not t o excleed ninety (90) days.

The owner and/or occupier and/or ren ter of any storage locker un i t o r complex found to be i n v io la t ion of any provision of t h i s Par t s h a l l immediately take ac t ion t o correct the violat ion.

C.

(Ord. 565, 2/12/1987, 561-25)

- 4 3 6 . 2 - Page added 1/14/1988

I ’ (27, 5700) (27, §700)

Admdiis t r a t i o n ‘t ;

5700. Enforcement. This Chapter s h a l l be enforced by t h e Zoning Off icer of t he Borough of Trainer . It s h a l l be h i s duty t o examine a l l appl ica t ions f o r permits only f o r construct ion and uses which are i n accordance with the requirements of t h i s Chapter, record and f i l e a l l appl ica t ions f o r pe rmi t s with accompanying plans and documents, and make such repor t s as Borough Council, t he -Planning Commission, and t h e Zoning Hearing Board may require. Permits f o r construct ion and uses which are spec ia l exceptions o r var iances from the requirements of t h i s Chapter s h a l l requi re w r i t t e n au thor iza t ion of the Zoning Hearing Board. (Ord. 530, 9/8/1983, 5700)

5701. Zoning Officer. The Borough Council s h a l l appoint a Zoning Off icer t o administer t h i s Chapter, i n accordance with its l i t e r a l terms. The Zoning Off icer s h a l l be required t o iden t i fy and r e g i s t e r a l l non-conforming uses and bui ldings within the Borough. The Zoning O f f i c e r s h a l l not hold any e l e c t i v e o f f i c e i n the Borough of Trainer. (Ord. 530, 9/8/1983, 1701; as amended by Ord. 533, 12/8/1983, 011)

..4 -

5702. Building Permits. A building permit s h a l l be r equ i r ed i n accordance with the requirements of the Borough of Trainer Building Code as amended. (Ord. 530, 9/8/1983, 5702)

5703. C e r t i f i c a t e s of Zoning Approval. A C e r t i f i c a t e of Zoning Approval s h a l l be required p r i o r t o the occupancy, use o r change i n use of any land, building o r port ion thereof he rea f t e r erected or a l t e r e d , and p r i o r ‘ t o changing o r expanding a non-conforming use a f t e r the e f f e c t i v e d a t e of t h i s Ordinance. This C e r t i f i c a t e s h a l l i nd ica t e t h a t such b u i l d i n g o r land has been inspected by the Building O f f i c i a l and t h a t the proposed use is i n conformity with the provis ions o f ’ t h i s Chapter.

Upon w r i t t e n request from t h e owner, the Building O f f i c i a l s h a l l i s s u e a C e r t i f i c a t e of Zoning Approval f o r any bui lding o r land ex i s t ing at the t i m e of enactment of t h i s Chapter, ce r t i fy ing , a f t e r inspect ion, t h e e x t e n t and kind of use o r d i spos i t i on of the bui lding o r land, and whether such use or d i spos i t ion conforms with t h e provisions of t h i s Chapter;

Such c e r t i f i c a t e s s h a l l be granted o r refused wi th in ten (10) days a f t e r the Building O f f i c i a l has been n o t i f i e d of the completion of the authorized construct ion o r a l t e r a t i o n , o r where no cons t ruc t ion o r a l t e r a t i o n is involved, within t en (10) days a f t e r receipt of w r i t t e n appl icat ion theref or.

(Ord. 530, 9/8/1983, 5703)

5704. Fees. Fees f o r pe rmi t s s h a l l be paid i n accordance w i t h the provisions of the Borough of Trainer Building Code. Each appl icant f o r a S i t e Plan Review, an appeal, s p e c i a l exception, o r var iance s h a l l , at the t i m e of making appl icat ion, pay a f e e i n accordance with a fee schedule t o be adopted by reso lu t ion of Borough Council, t o defray the c o s t of advert is ing and mailing not ices as required by t h i s Chapter and t he rules of the Board of Appeals. (Ord. 530, 9/8/1983, 1704)

- 437 -

... , ..

! f . . 1 .

(27, 0705) .

5705. S i t e Plan Approval. a l l addi t ions of t h ree thousand

, a , (27, 0705) p,:, I"\'!,

Jkcedt f o r one and two-f amily dwellings , ! (3,OOO~,square f e e t o r g r e a t e r t o e x i s t i n g

bui ldings and a l l new construct ion o f . f i h e thousand (5 ,000) square f e e t o r g rea t e r s h a l l requi re a S i t e Plan td be submitted t o t h e Planning Commission f o r t h e i r review and recommendation t o Borough Council. No building permit shall be issued by t h e Building O f f i c i a l except f o r p lans i n conformity with the S i t e plan so approved.

Objectives -- In considering and reviewing S i t e Plans, t h e Planning Commission s h a l l take i n t o consideration the publ ic hea l th , s a fe ty , and welfare, t h e comfort and convenience of t he publ ic i n genera l and of t h e r e s iden t s of the proposed development and of the immediate neighborhood i n p a r t i c u l a r , and may prescr ibe such appropriate condi t ions and safeguards as may be required i n order t h a t the r e s u l t of i ts a c t i o n s h a l l , t o t h e maximum exten t possible , fu r the r the expressed i n t e n t of t h i s Chapter and the accomplishment of t h e following object ives in p a r t i c u l a r .

A. That a l l proposed t r a f f i c access ways a r e adequate but no t excessive h- number; adequate i n width, grade, alignment, - and v i s i b i l i t y ; not located too near s t r e e t corners o r o t h e r p laces of publ ic assembly; and o ther similar safe ty considerat ions.

B. That adequate of f - s t ree t parking and loading spaces are provided t o prevent parking i n publ ic streets of v e h i c l e s of any persons connected with o r v i s i t i n g the use, and t h a t t h e i n t e r i o r c i r c u l a t i o n system is adequate t o provide s a f e a c c e s s i b i l i t y t o a l l required o f f - s t r ee t parking l o t s , loading bays and bu i ld ing services.

C. That a l l playground, parking and services areas are reasonably screened a t a l l seasons of t he year from t h e view of adjacent r e s i d e n t i a l l o t s and s t r e e t s and t h a t t he genera l landscaping of t he site is i n character with that general ly p reva i l i ng i n t h e neighborhood.

D. That a l l ex i s t ing trees over eigli't inches (8" ) i n diameter, measured th ree f e e t (3') above the base of t h e t runk , s h a l l be re ta ined t o the maximum exten t possible.

E. That a l l plazas and other paved areas intended f o r use by pedes t r ians s h a l l use decorative pavements, street f u r n i t u r e , l i gh t ing , and p lan t materials so as t o prevent t he c r e a t i o n of v a s t expanses of pavement.

F. That a l l outdoor l i gh t ing is of such na ture and so arranged as t o preclude the d i f fus ion of g l a re onto adjoining p rope r t i e s and streets. 2. Procedure -

1.

A. P r i o r t o the submission of a formal S i t e Plan, a presubmission conference s h a l l be held wherein the app l i can t and/or h i s representa t ive s h a l l meet i n person with the Zoning Off icer , Building O f f i c i a l , Borough Engineer, Planning Commission o r i ts designated representa t ive , and a l l other appropr ia te Borough o f f i c i a l s t o discuss the proposed S i t e Plan so t h a t t he necessary subsequent s t e p s may be undertaken with a c l e a r understanding of t h e Commission's requirements i n matters r e l a t i n g t o the development of t h e s i t e .

- 438 -

I

B. Within six ( 6 ) month ,'following the presubmission conference, six ( 6 ) copies of the Site P \an and any related information shall be submitted to the Zoning Officer at least thirty (30) days prior to the Planning Commission meeting a6 which review is requested. If not submitted within this six ( 6 ) ' month period, another presubmission conference may be required.

C. The Zoning Officer shall certify on each Site Plan or amendment whether or not the plan meets the requirements of all zoning ordinance provisions osher than those of this Part regarding Site Plan review.

D. The Zoning Officer shall retain two (2) copies and send one (1) copy each to the Planning Board, the Borough Engineer, the Building Official and four (4) copies to the County Planning Commission at least forty-five (45) days prior to the Borough Planning Commission meeting at which the Site Plan review is requested.

The Planning Commission shall complete its review of any such Site Plan and forward its recommendations with any conditions to the Borough-TCuncil within ninety (90) days after the meeting at which review is requested. Failure to act within ninety (90) days shall be deemed a recommendation for approval. Conditional recommendations by the Planning Commission shall include written findings upon any Site Plan Submission. In reviewing the application, the Planning Commission may secure the advice or assistance of one (1) or more expert consultants qualified to advise as to whether a proposed use will conform to the requirements of this Chapter.

F. Review of amendments to an approved Site Plan shall be acted upon in the same manner as the review of the original Site Plan.

G. After review and approval by Borough Council the Planning Commission Chairman and Secretary shall be directed to sign and return to the applicant four ( 4 ) copies of the Site Plan as amended, with any conditions noted on the Site Plan. One of the remaining two copies will be filed with the Planning Commission and the other will be sent to the Building Official for his files.

H. Recommendations for approval of a Site Plan by the Planning Commission shall be valid for a period of one hundred and twenty (120) days from the date thereof for the purpose of obtaining a building permit. Any extension of the said period shall require approval of the Planning Commission.

3. Site Plan Requirements - The applicant shall cause a Site Plan map to be prepared by an architect, landscape architect, civil engineer, surveyor, land planner, or other competent person at a scale sufficient in size to permit an adequate review. The Site Plan shall include those of the elements listed herein which are appropriate to the proposed development or use as indicated by the planning Commission in the presubmission conference. This information, in total, shall constitute the Site Plan, and shall be the same information, drawings and supplementary material normally understood to constitute completed working drawings.

'1

E.

- 439 -

A. Legal

(1) (2)

(3)

(4')

preparing

precisely

E . x \ '1,

[\ . Data - Name and address oft,'Fhe owner of record.

the map. Date, north point and written and graphic scale.

? Name and address 'of person, firm of organization

I >

Sufficient description or information to define the boundaries of the property. All distances shall be

in feet and tenths of a foot. All angles shall be given to the nearest ten (10) seconds or closer. The error of closure shall not exceed one (1) in ten thousand (10,000).

,

(5) The locations, names, and existing widths of adjacent streets, alleys and curb lines.

(6) The locations and owners of all adjoining lands as shown on the latest tax records.

(7) - Location, width, and purpose of all existing- and proposed easements, setbacks, reservations, and areas dedicated to public use within or adjacent to the property.

(8) A complete outline of existing deed restrictions or covenants applying to the property.

(9) Existing zoning. B. Natural Features -

(1) Existing contours with intervals of two feet (2') or less, referred to a datum satisfactory to the Planning Commission.

(2) Approximate boundaries of any areas subject to flooding or storm water overflows.

(3) Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of eight inches (8") or more, measured three feet (3') above the base of the trunk, and any other significant existing natural features. C.

(1) Outlines of all structures and location of all uses not requiring structures.

(2) Paved areas, sidewalks, and vehicular access between the site and public streets.

(3) Locations, dimensions, grades and flow direction of any existing sewers, culverts, water lines, as well as other underground and above-ground utilities within and adjacent to the property.

(4) Other existing development, including fences, landscaping and screening.

--..

Existing Structures and Utilities -

- 440 -

D. Proposed Developmen

(1) The location!) of proposed buildings or structural

(2) The location and design of all uses not requiring

(3) The location, direction, power and time of use f o r any

(4) The location and design of any outdoor signs. (5) The location, arrangement, and materials of proposed

means of access and egress, including sidewalks, driveways, or other paved areas. Profiles indicating grading and cross-sections showing width of roadway, location and width of sidewalks, and location and size of water and sewer lines. Any proposed direct pedestrian connection to public parking lots or structures will also be shown.

Any proposed screening, and other landscaping including types and locations of proposed street and other trees.

(7) The location of all proposed water lines, valves and hydrants, and of all sewer lines or alternate means of water supply and sewage disposal and treatment.

(8) An outline of any proposed easements, deed restrictions or covenants.

(9) Any contemplated public improvements on or adjoining the property.

r : , improvements. ',

structures such as off-street parking and loading areas.

proposed outdoor lighting or public address systems.

-- 4 6 )

(10) Any proposed new grades, indicating clearly how such grades will meet existing grades of adjacent properties or the street.

(11) If the Site Plan only indicates a first stage, a supplementary plan shall indicate ultimate development.

(12) Any other information deemed by the Planning Commission to be necessary to determine conformity of the Site Plan with the spirit and intent of this Chapter.

(Ord. 530, 9/8/1983, 5705; as amended by Ord. 533, 12/8/1983)

- 441 -

- 442 -

P (27, 1800) (27, 5800)

i Zoning qggring . > Board

1800. Establishment. The Zoning Hearing Board which ex is ted a t the t i m e of adoption of t h i s Ordinance s h a l l continue i n ex is tence as previously established. (Ord. 530 , 9/8/1983, 1800)

§801. Membership. The membership of the Zoning Hearing Board s h a l l consis t of three (3) members who are residents of the Borough of Tra iner , and they s h a l l be appointed by the Borough Council. The terms of o f f i c e shall be three (3) years and shall be so f ixed t h a t t he term of o f f i c e of one member s h a l l expire each year. The Zoning Hearing Board s h a l l promptly not i fy the Borough Council of any vacancies which occur. Appointments t o f i l l vacancies w i l l be made by the Borough Council t o f i l l only the unexpired port ion of the term. Members of the Zoning Hearing Board shall hold no other o f f i c e i n the municipality, except that no more than one member of the Board may a l so be a member of t he Planning Commission. (Ord. 530 , 9/8/1983r Q801)

- - - 1802. Removal. Any Board member may be removed f o r malfeasance,

misfeasance, o r nonfeasance i n o f f i c e o r f o r o ther j u s t cause by a major i ty vote of the Borough Council, taken a f t e r the member has received f i f t e e n ( 1 5 ) days advance not ice of the in t en t t o take such a vote: A hear ing shall be held i n connection with the vote i f the member s h a l l request i t i n writ ing. (Ord. 5 3 0 , 9/8/1983, 5802)

i 5803. Organization of Board. The Board s h a l l elect from its own

membership i t s o f f i ce r s , who s h a l l serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any act ion, a quorum shall be not less than a majority of a l l the members of the Board, but where two (2) members are d i squa l i f i ed t o act i n a par t icu lar matter, the remaining member may=.act f o r t h e Board. The Board may appoint a hearing o f f i ce r from i ts own membership t o conduct any hearing on its behalf and the p a r t i e s may waive fu r the r ac t ion by t h e Board as provided i n 5807. The Board may make, a l ter and rescind ru l e s and forms fo r i t s procedure, consistent w i t h ordinances of the Borough and l a w s of the Commonwealth. The Board s h a l l keep f u l l publ ic records of its bus iness and shall submit a report of i t s a c t i v i t i e s t o the Borough Council once a year. (Ord. 530 , 9/8/1983, 5803)

5804. Rules. The Board s h a l l adopt r u l e s i n accordance w i t h the provisions of t h i s Chapter. Such ru l e s s h a l l include, but shall not be l imited to , the manner of f i l i n g appeals, the manner of f i l i n g app l i ca t ions fo r spec ia l exceptions and variances from the terms of t h i s Ordinance and the manner of giving not ice of public hearing where required under the terms of t h i s Chapter. Such ru les s h a l l be made ava i lab le t o the publ ic . (Ord. 530, 9/8/1983, 5804)

. . !,

5805. Functions of the Zoning Hearing Board. The Zoning Hearing Board s h a l l perform the following functions:

- 443 - . .

(27, 1805(1)) (27, §805(l))

4 \ -a

1. Appeals from the Zoning Officfpr - The Board shal.1 hear and decide appeals where it is al leged by the aRpellant that the zoning o f f i c e r has f a i l e d t o follow prescribed procedures ‘dr has misinterpreted o r misapplied any provision of a v a l i d ordinance o r Gp o r any va l id r u l e o r regulat ion governing the ac t ion of t h e Zoning Officer.

2. Challenge t o the Val idi ty of any Ordinance o r Map - The Board s h a l l hear challenges t o the v a l i d i t y of the Zoning Ordinance o r map and shall take evidence and make a record thereon as provided i n P a r t 8, 1808 of t h i s Chapter. A t the conclusion of t h e hearing, t he Board s h a l l decide a l l contested questions and shall make f indings on a l l relevant i ssues of f a c t which s h a l l become pa r t of t he record on appeal t o the court. Exceptions t o the above are as indicated i n Article X of the Pennsylvania Municipal i t ies Planning A c t 247 , as amended.

3. Variances - The Board shall hear requests f o r variances where it is al leged that the provisions of the Zoning Ordinance i n f l i c t unnecessary hardship upon the applicant. Subject t o the provisions of 1804 the Board may, by ru l e , prescr ibe the form of appl ica t ion and may requi re preliminary appl icat ion t o the Zoning Officer. The Board may grant a variance provided the following f indings are made where relevant i n a given case.

A. That there are unique physical circumstances o r conditions, including i r r e g u l a r i t y , narrowness, o r shallowness of l o t s i z e of shape, o r exceptional topographical o r other physical conditions pecul ia r t o the p a r t i c u l a r property, and that the unnecessary hardship is due t o such conditions, and not the circumstances o r conditions generally created by the provisions of the Zoning Ordinance i n the neighborhood o r d i s t r i c t i n which the property i s located;

B. That because of such physical circumstances o r conditions, there is no p o s s i b i l i t y that the property can be developed i n strict conformity with the provisions of the Zoning Ordinance and tha t t he authorizat ion of a variance is therefor,@ necessary t o enable the reasonable use of t he property;

C. T h a t such unnecessary hardship has not been created by the appel lant ;

D. That t he variance, i f authorized, w i l l not al ter the e s s e n t i a l character of t he neighborhood o r d i s t r i c t i n which the property is located, nor subs t an t i a l ly or permanently impair t he appropriate use o r development of adjacent property, nor be detrimental t o the publ ic welfare; and

E. That the variance, i f authorized, w i l l represent the minimum variance that w i l l a f ford r e l i e f and w i l l represent the least modification poss ib le of the regulat ion i n issue.

In gran t ing’any variance, the Board may a t t a c h such reasonable conditions and safeguards as i t may deem necessary t o implement the purposes of t he Pennsylvania Municipali t ies Planning A c t 247 as amended and t h i s Zoning Ordinance.

- 444 -

(27, § 8 0 5 ( 4 ) ) A- 'e

* . . . * ..

(27, §805(4))

4. Special Exceptions - W&e the governing body i n t h e Zoning i Ordinance, has s t a t ed spec ia l excbptions t o be granted or denied by the

Board pursuant t o express standarda.and criteria, the Board shall hea r and decide request f o r such spec ia l 'exceptions i n accordance with such standards and criteria. In granting a s p e c i a l exception, the Board may a t t ach such reasonable conditions and safeguards, i n addi t ion t o those expressed i n the ordinance, as i t may deem necessary t o implement the purposes of the Pennsylvania Municipali t ies Planning Act 247 as amended and t h i s zoning ordinance,

- - 5 . Unified Appeals - Where the Board has j u r i s d i c t i o n over a zoning matter pursuant t o §§805(1) through 805(3), t he Board shall a l s o hea r a l l appeals which an applicant may e l e c t t o br ing before it with respect t o any municipal ordinance o r requirement per ta ining t o the same development plan or development. In any such case the Board s h a l l have no power t o pass upon the non-zoning i ssues , but s h a l l take evidence and make a record thereon as provided i n 9807. A t the conclusion of t he hearing, the Board shall make findings on a l l relevant i s sues of f a c t which s h a l l become p a r t of the record-o_n appeal t o the court.

6 . Parties Appellant Before Board - Appeals under §805(1) and proceedings t o challenge an ordinance under §805(2) may be f i l e d w i t h the Board in writ ing by the landowner affected, any o f f i c e r o r agency of the municipality, or any person aggrieved. Requests f o r a variance under §805(3) and f o r spec ia l exception under §805(4) may be f i l e d with the Board by any landowner o r any tenant with the permission of such landowner,

7. Time Limitations: Persons Aggrieved - No person shall be allowed t o f i l e any proceeding with the Board later than t h i r t y (30) days a f t e r any appl icat ion f o r development, preliminary or f i n a l , has been approved by an appropriate municipal o f f i ce r , agency o r body, i f such proceeding is designed t o secure reversal or t o l i m i t the approval i n any manner, unless such person a l leges and proves that he had no not ice , knowledge, or reason t o believe tha t such approval had been given. If such person has succeeded t o h i s i n t e r e s t after such approval he s h a l l be bound by the knowledge of h i s predecessor i n i n t e r e s t .

S t ay of Proceedings - Upon f i l i n g of any proceeding re fer red to i n §805(6) and during i t s pendency before the- Board a l l land development pursuant t o any challenged ordinance, order or approval of the zoning o f f i ce r or of any agency or body, and a l l o f f i c i a l ac t ion thereunder shall be stayed unless the Zoning Officer or any other appropriate agency o r body c e r t i f i e s t o the Board f a c t s indicat ing t h a t such s tay would cause imminent p e r i l t o l i f e or property, i n which case the development or o f f i c i a l a c t i o n s h a l l not be stayed otherwise than by a r e s t r a in ing order which may be granted by the Board or by the court having j u r i s d i c t i o n of zoning appea ls on pe t i t i on after no t i ce t o the zoning o f f i c e r or other appropriate agency o r body. When an appi icat ion f o r development, preliminary o r f i n a l , has been duly approved and proceedings designed t o reverse or l i m i t the approval are f i l e d with the Board by persons o ther than the appl icant , t he applicant may pe t i t i on the court having j u r i s d i c t i o n of zoning appea ls t o order such persons t o post bond as a condition t o continuing the proceedings before t h e Board.

I

8.

The question whether o r not such p e t i t i o n

- 445 -

... , ,. ..: I . I

(27, 5805(8), cont'd) (27, 580~5(8), cont'd)

k \ :I should be granted and the amount of \he bond shall be within the sound discretion of the court. \ ! ;

I

(Ord. 530, 9/8/1983, 5805)

6806. Meetings. Meetings of the Zoning Hearing Board shall be held at the call of the Chairman and at such other times as the Board mav ., determine. Such' Chairman, or in his absence-, the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent of failing to vote, indicating such a fact,' and shall keep records of its examinations and other official actions. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision, or determination of the Board shall immediately be filed in the office of the Board and shall1 be a public record. (Ord. 530, 9/8/1983, 5806)

5807. Hearin=. The Board shall conduct hearings and make decis-ions in accordance with the following requirements:

1. Notice shall be given to the public, the applicant, the Zoning Officer, such other persons as the governing body shall designate by ordinance and to any person who has made timely request for the same. Notices shall be given at such time and in such manner as shall be prescribed by rules of the Board in accordance with State law. The Borough Council may establish a reasonable fee, based on cost, to be paid by the applicant and by persons requesting any notice not required by ordinance.

2. The hearing shall be conducted by the Board or the Board may appoint any member as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board, but the parties may waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.

3. The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Board may require that all persons who wish to be considered parties enter appearances in writing or on forms provided by the Board for that purpose.

4 . The Chairman or Acting Chairman of the Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers including witnesses and documents requested by the parties.

The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

6. Formal rules of evidence shall'not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

--.

5 .

- 446 -

r' $ 2 (27, 0807 (7))

p'sl<e

7. The Board or the hearing dficer, as the case may be, shall keep a stenographic record of the proceedhgs and a transcript of the proceedings and copies of graphic o r written haterial received in evidence shall be made available to any party at cost. I

The Board or the hearing offiber shall not communicate directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, 'shall not take notice of any communication, reports, staff memoranda, o r other materials unless the parties are afforded an opportunity to contest the material so noticed, and shall not inspect the site o r its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

9. The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within forty-five ( 4 5 ) days after the last hearing before the Board or hearing officer. Each decision shall be accompanied b y findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Act 247 as amended, or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the days after the decision of -the hearing officer. Where the Board has power to render a decision and the Board or the hearing officer, as the case may be fails to render the same within the period required by this subsection, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing to an extension of time. Nothing in this subsection shall prejudice the right of any party opposing the application t o urge that such decision is erroneous.

A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide by mail, or otherwise, brief notice of the decision o r findings and a statement of the place at which the full decision or findings may be examined.

f

8.

f k

10.

(Ord. 530, 9/8/1983, 1807)

1808. Appeals to the Board. The Zoning Hearing Board shall hear and decide appeals from any order, requirement, decision, or determination made by any administrative officer charged with the enforcement of this Chapter. It shall also hear and decide all matters referred to it or upon which it is required to pass under the terms of this Chapter. Such appeal may be taken by any person aggrieved or by any officer, department, board, I \.

- 447 -

!.. < ,..

(27, 5808, cont'd) ,@ r. I .

(27, 5808, cont'd)

- \ '!, or bureau of the Borough affected by !\the decision of th!e administrative officer. Such appeal shall be taken *%thin a reasonable time as provided by the rules of the Board by filing witG the officer from whom the appeal is taken, and with the Board of Appeal, 's, notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which action the appeal, was taken. (Ord. 530, 9/8/1983, 6808)

6809. Appeal to Court. Any person or persons jointly or severally aggrieved by any decisions of the Zoning Hearing Board, OK any taxpayers, or any officer, department, board, or bureau of the Borough may present to the court of common pleas a petition duly verified, setting forth that such decision is illegal in whole or in part, and specifying the grounds of the illegality. Such appeal shall - follow the format, procedures, and guidelines outlined in the Pennsylvania Municipalities Planning Act 247, as amended. (Ord. 530, 9/8/1983, 5809)

- 448 -

(27, 5900)

Amendments, Penalties, Validity and Severability, Repealer and Effective Date

?

1900. Amendments. This ordinance or any part hereof, including the zoning map, may be amended, supplemented, or repealed from time to time by the Borough -Council of the Borough of Trainer-on its own motion, upon application from a land owner for a curative amendment, or upon recommendation by the Planning Commission. (Ord. 530, 9/8/1983, 5900)

§sol. Penalties. Any person, partnership, or corporation who or which shall violate any provision or requirement of this Chapter, or any approved plan,permit, or certificate issued under th provisions of this ordinance, shall, upon conviction thereof in summary proceeding, be sentenced to pay a fine of no more than three hundred dollars ($300.00); and/or to imprisonment for no more than ninety (90) days. A l l fines collected shall be paid over the the Borough of Trainer. Each and every day that any-such violation continues shall constitute a separate offense. (Ord. 530, 9/8/1983, 5901; as amended by Ord. 549, 11/14/1985)

5902. Validity and Severability. Should any court of competent jurisdiction decide:

1. That any section or provision of this Chapter is unconstitutional or invalid, such a decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part: so decided to be unconstitutional or invalid;

2. That the application of any provision of this Chapter to any premises be unconstitutional or invalid, such a decision shall be limited to the person, property, or situation immediately concerned and shall not affect the applicability of this provision to other persons, properties, or situations. ._ - - .. (Ord. 530, 9/8/1983, 5902)

5903. Repealer. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. (Ord. 530, 9/8/1983, 5903)

5904. Effective Date. This Ordinance shall take effect after legal advertisement is completed. (Ord. 530, 9/8/1983, 5903)

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I 4 ' i j I (27, 51001) I

New Mo r Vehi 1 R&a,ted ' ! Busine

(27, 91001)

s Operations

51001. Definitions. As used in ,this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

LESSEE owner for the purpose:of this Part when the lessor holds the lessee responsible for maintenance and "repairs.

MOTOR VEHICLE - any type of mechanical device, propelled by a motor, in which persons or property may be transported upon public streets or highways, and including trailers or semi-trailers pulled thereby or parts thereof.

NUISANCE - any condition, structure, or improvement which shall constitute a threat or potential threat to the health, safety, or welfare of the citizens of the Borough.

OWNER --_the actual owner, agent or custodian of the property on which motor vehicles are stored, whether individual or partnership, association or corporation.

PERSON - a natural person, firm, partnership, association, corporation, or other legal entity.

In this Part, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.

(Ord. 530, 9/8/1983; as added by Ord. 581, 12/14/1989, 51)

51002. New Motor Vehicle Business Operations Prohibited. There shall be no new motor vehicle related business operations permitted within the Borough within any zoning district. (Ord. 530, 9/8/1983; as added by Ord. 581, 12/14/1989, 52) ..

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51003. Expansion of Current Motor Vehicle Related Businesses by

1. Current motor vehicle related businesses shall not expand beyond

2. When considering any application for special exception, the Board

A. Whether the proposed expansion involves property already bordering the subject business operation,

B. Whether the proposed expansion adversely affects the character of the community;

C. Whether the proposed expansion will serve the needs of the residents of the Borough;

D. Whether the applicant has conducted the current business in compliance with the ordinances of the Borough and the laws and regulations of the Commonwealth and the United States of America;

Special Exception.

each business' current operation boundaries except by special exception.

shall consider the following:

Page Added 12/14/1989 - 451 -

E. Whether t h e proposed expakkkion w i l l h inder t h e e s t a b 1 is hmen t of non-mo t o r ve h i c 1 e\\;fe l a t ed businesses wi th i n t h e

F. Whether t he proposed expansion is of t he same c h a r a c t e r Borough ; 'I : ,

?

* > as t h e cur ren t business;

G. The s i z e of t he proposed expansion; and , H. Whether t h e hea l th , s a fe ty , morals, and gene ra l w e l f a r e

of t he r e s i d e n t s of t he Borough w i l l be a f f e c t e d by the expansion.

(Ord. 530, 9/8/1983; as added by Ord. 581, 12/14/1989, 13)

11004. Def in i t i on of "New Motor Vehicle Related Business Operation." "New motor v e h i c l e r e l a t e d bus iness operat ion" s h a l l be def ined as any bus iness opera t ion which w a s no t i n opera t ion on any p a r t i c u l a r s u b j e c t proper ty a t the time of t he pass ing of t h i s P a r t which has any connect ion wi th t h e s a l e s of motor veh ic l e s , the r e p a i r of motor veh ic l e s , t h e sale of motor v e h i c l e p a r t s , t h e s to rage of motor veh ic l e s , t he sa lvag ing o r r ebu i ld ing o r bu i ld ing of motor veh ic l e s , t he s e r v i c i n g of motor v e h i c l e s , the s a l e of gasofrnZ f o r motor veh ic l e s , junk yards , towing services, or any o t h e r motor v e h i c l e r e l a t e d business a c t i v i t y . (Ord. 530, 9/8/1983; as amended by Ord. 581, 12/14/1989 54)

91005. Storzge of Motor Vehicle Nuisances by Motor Vehicle Related Business.

1. It s h a l l be unlawful f o r any motor v e h i c l e r e l a t e d bus iness owner o r lessee t o maintain a motor v e h i c l e nuisance upon the open p r i v a t e grounds of such motor v e h i c l e r e l a t e d bus iness wi th in the Borough of Tra iner . A motor v e h i c l e nuisance s h a l l include bu t no t be l i m i t e d t o any motor v e h i c l e which is unable t o move under i ts own power and/or has any of the fol lowing phys ica l de fec t s :

A. Broken windshields , mir rors o r o t h e r g l a s s , w i th sha rp edges.

B. One o r more f l a t o r open t i r e s o r tubes which could permit vermin harborage.

C. Missing doors, windows, hood, t runk or o the r body p a r t s which could permit animal harborage.

D. Any body p a r t s w i th sharp edges inc luding ho le s r e s u l t i n g from r u s t .

E. Missing t ires r e s u l t i n g i n unsafe suspension of t h e motor veh ic l e .

F. Upholstery which is t o r n o r open which could permi t animal and/or vermin harborage.

G . Broken headlamps o r ta i l - lamps with sharp edges.

H. Disassembled c h a s s i s p a r t s apart from the motor v e h i c l e s t o r a g e i n a d i s o r d e r l y fash ion o r loose i n o r on the v e h i c l e .

I. Pro t ruding sha rp o b j e c t s from the c h a s s i s .

J. Broken v e h i c l e frame suspended from t h e ground i n an u n s t a b l e manner.

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(27, b1005 (K) ) ! * (27. L1005 (K) 1

K. Leaking or damag

L. Exposed battery containing acid. N. Inoperable locking .mechanism for doors or trunk which

would have access to vagrant or children.

N. Open or damaged floor boards including trunk and f irewall.

0. Damaged bumpers pulled away from the perimeter of vehicle.

P. Broken grill with protruding edges.

Q. Loose or damaged metal trim and clips. R. Broken cormnunication equipment antennae.

S. Suspended or unstable supports.

T. Such other defects which could threaten the health, safety

",oil pan or gas tank which could cause fire or explosion. $

'q 1

and welfare of the citizens of the Borough of Trainer.

2. All meter vehicle related businesses must provide for the adequate storage of the motor vehicle nuisance by providing indoor storage and/or a storage area surrounded by a secure eight (8) foot high cyclone fence, said fence must have adequate screening as determined by the Borough. (Ord. 530, 9/8/1883; as added by Ord. 581, 12/14/1989, 95)

91006. Penalty. Any person, partnership, or corporation who or which shall violate any provision or requirement of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than six hundred dollars ($600.00) or imprisonment of not more than ninety (90) days. Each and every day that any such violation continues shall constitute a separate offense. All fines collected shall be paid to the Borough of Trainer. (Ord. 530, 9/8/1983, 51106; as amended by Ord. 581, 12/14/1989; and by Ord. 645, 7/11/2002, Art. VI) .-_ ._

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