Borough of Trainer, PA Article VII Supplementary Regulations

§ 265-39 All districts.

[Amended 11-14-1985 by Ord. No. 549]

The following supplementary regulations shall apply to all districts.

A. 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 or 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.

B. 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 100 feet on each side of the proposed building and within the same block, if such alignment of existing buildings is less than the front yard requirement for the district.

C. 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.

D. Visibility at intersections. No structure, wall, fence, shrubbery or trees shall be erected, maintained or planted on any lot which unreasonably or 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.

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

(1) Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution; or by reason of the deposit, discharge or dispersal of liquid or solid wastes, in any form, in a manner or 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, electromagnetic or 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, or from which, such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard, or which can cause injury, annoyance or disturbance to any of the surrounding properties or 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 general welfare.

(2) There shall be no new motor-vehicle-related business operations permitted within the Borough within any residential zoning district. Certain new motor-vehicle-related business operations shall only be permitted within the Borough in the B Business District or I-1 or I-2 Industrial Districts as specifically identified and expressly stated in the applicable Zoning Code sections by conditional use upon application and in the manner set forth under this Subsection E(2)(a) through (h). Further, motor-vehicle-related businesses currently and lawfully in existence at the time of passing of this amendment shall not expand beyond each business's current operations and boundaries except by conditional use as authorized under this Subsection E(2)(a) through (h).

[Amended 3-8-2018 by Ord. No. 762]

(a) Any person desiring to establish a new motor-vehicle-related business may apply to the Borough Council for a conditional use.

(b) An application for a conditional use shall contain the following information:

[1] Location of property.

[2] Names and addresses of proposed business owners (the applicants).

[3] Names and addresses of owners of the property.

[4] Statement of applicant's legal interest in the property.

[5] Detailed description of the business to be operated.

[6] Plan of business drawn to scale, showing all buildings, parking spaces, signs, shrubbery, access driveways, fences, refuse containment areas, and all other details of the business layout.

[7] Estimate of number of persons patronizing the business per day.

[8] Estimate of number of motor vehicles which will be attracted to the business per day.

[9] Description and number of vehicles making deliveries to the business per day.

[10] Description and number of vehicles to be maintained at the business.

[11] Zoning classification of the property.

(c) There shall be a public hearing before Borough Council on all applications.

(d) The applicant shall pay all costs for the public hearing and application, including the cost of a court stenographer, Solicitor, and advertising costs. A deposit of $500 shall be required with the application. If costs do not exceed $500, any remaining deposit money shall be returned to the applicant within 30 days of the receipt of all bills. If costs exceed $500, the applicant shall remit the additional amount required within 10 days of notice.

(e) Public hearing on the application shall be held, when possible, within 60 days after the submission of a completed application. A decision on the application shall be rendered, when possible, within 45 days after the last hearing on the application.

(f) The subject property shall be posted with a notice of the application and hearing.

(g) Notice of the application and hearing date shall be published at least one time in a newspaper of general circulation within the Borough. The first publication shall appear at least 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 times.

(h) 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.

(3) Current motor-vehicle-related businesses shall not expand beyond each business's current operation boundaries except by special exception.

(a) When considering any application for special exception, the Board shall consider the following:

[1] Whether the proposed expansion involves property already bordering the subject business operation;

[2] Whether the proposed expansion adversely affects the character of the community;

[3] Whether the proposed expansion will serve the needs of the residents of the Borough;

[4] 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;

[5] Whether the proposed expansion will hinder the establishment of non-motor-vehicle-related businesses within the Borough;

[6] Whether the proposed expansion is of the same character as the current business;

[7] The size of the proposed expansion; and

[8] Whether the health, safety, morals and general welfare of the residents of the Borough will be affected by the expansion.

F. Fences and screening. Fences and screening shall be required in any zoning district where the Borough Planning Commission deems it to be necessary to prevent glare, nuisances or unsightly features from being seen from adjoining properties, a residential district, or a public street, alley or right-of-way.

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

§ 265-40 Residence districts.

[Amended 12-8-1983 by Ord. No. 533; 7-10-2003 by Ord. No. 653]

The following supplementary regulations shall apply to all residence districts:

A. Through lots. On a through lot, front yard requirements shall apply to both street frontages.

B. Courts. The minimum dimension of an inner court shall not be less than nine inches for every 12 inches of height of all surrounding walls. However, in no case shall an inner court have a dimension of less than 12 feet. 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 vertical to 12 inches 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 20 feet, and its depth shall not exceed its width.

C. 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 families, provided that all other requirements of the R-1 District are met and that parking is provided in accordance with § 265-42; and provided, further, that the yard and building area requirements for the district are 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.

D. Fences.

(1) No fence shall be erected or maintained within a residentially zoned district at a height exceeding six feet.

(2) No fence shall be erected or maintained within a residentially zoned district at a height exceeding four feet 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.

(3) 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 inches to one another.

§ 265-41 Nonresidential districts.

[Amended 12-8-1983 by Ord. No. 533; 7-10-2003 by Ord. No. 653]

The following supplementary regulations shall apply to all nonresidential districts:

A. Access. Whenever feasible, access to lots having frontage on more than one street shall be from a nonresidential street.

B. Manufacturing. All manufacturing and processing shall be conducted within the interior of a building.

C. 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 in height but not exceeding 10 feet in height.

D. Penalties. Any person, partnership, firm, company, corporation or other entity violating this article shall be subject to the penalties specified within § 265-65 of this chapter.

§ 265-42 Parking and loading regulations.

[Amended 12-8-1983 by Ord. No. 533]

Off-street parking and loading shall be provided in accordance with this section for any buildings or use hereafter erected, enlarged or increased. The number of parking and loading spaces required shall be based on construction or development activity after the effective date of this chapter. Parking and loading spaces shall be maintained and shall not be encroached upon so long as said principal building or use remains, unless an equivalent number of such spaces are provided elsewhere in conformance with this chapter.

A. General. The requirement for off-street parking space and off-street loading space shall be a continuing obligation of the owner of the property on which any such structure or use is located as long as the structure or use is in existence and its use requiring vehicular parking facilities continues, unless a change in use also changes the parking requirements. It shall be unlawful for an owner of any structure or use affected by this section to discontinue, change or dispense with, or to cause the discontinuance of any vehicle parking or loading space. It shall be unlawful for any firm or corporation to occupy a structure without providing parking and loading spaces which meet the requirements of and are in compliance with this chapter.

B. Collective parking. Nothing in this section shall be construed to prevent provision of off-street parking facilities for two or more structures or uses, provided that the total of such off-street parking spaces supplied collectively shall be not less than the sum of the requirements for the various uses computed separately.

C. Location of parking.

(1) The parking spaces required for all residential dwellings shall be located on the same lot as the dwelling, and the parking spaces required for other uses shall be located on the same lot as the principal use or on a lot which is within 500 feet of the principal use, such distance to be measured along street lines to the property.

(2) In industrial districts, if there are special and unusual circumstances that make it impractical to provide all required parking within 500 feet of the principal use, other provisions may be made for the location of parking, provided it is a permitted use in the district in which it is to be located and subject to special exceptions and site plan approval.

(3) When required parking spaces are provided on land other than the lot occupied by the principal use for which they are required, the land occupied by such spaces must be in the same possession as such principal use.

(4) In residential and business districts, such space shall not occupy any part of any required front or side yard or any part of any required usable open space as set forth in this chapter.

D. Size and number of spaces.

(1) An off-street parking space as used herein shall be a space of not less than 200 square feet and nine feet in width. An off-street loading space as used herein shall be a space of not less than 12 feet in width, 40 feet in length and 14 feet in height.

(2) Off-street parking spaces shall be provided for all new uses or buildings hereafter constructed, reconstructed or enlarged in accordance with the following schedule of requirements.

	Use	Spaces Required
	One-family dwellings	2
	Two-family dwellings	3
	Multiple-family dwellings	1.75 per dwelling unit
	Housing for elderly	0.75 per dwelling unit
	Places of assembly, including but not limited to churches, auditoriums, theaters and stadiums	1 for each 4 fixed seats or equivalent gross floor area
	Food and beverage establishments including but not limited to restaurants, taverns, bars, luncheonettes, soda fountains, clubs (public and private), fraternal organizations and lodges	1 for each 75 square feet of gross floor area
	Hotels, motels and boardinghouses, lodging and rooming houses	1 for each rooming unit, plus required parking for facilities used for eating, drinking, assembly and other such uses
	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 washes	1 for each 250 square feet of gross floor area or 3 per bay, lift or equivalent, whichever is greater. An attendant-operated or a self-service car wash shall have at least six stacking positions for each bay between the street line and such bay for cars approaching and at least two stacking positions for cars leaving said bays
	Open or outdoor businesses, including but not limited to those which sell new and used motor vehicles, trailers, mobile homes, building supplies, machinery, equipment, swimming pools, nursery, and garden supplies	1 for each 1,000 square feet of lot area
	Boat docks, marinas and boat yards	1 for each boat slip or mooring facility, each space shall be 40 feet in length
	Appliance, carpet, furniture, electrical, heating and plumbing retail sales	1 for each 500 square feet of gross floor area
	Other retail sales and service establishments	1 for each 250 square feet of floor area
	General business and professional offices and financial institutions	1 for each 250 square feet of gross floor area or 2 for 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
	General hospital, convalescent, nursing or rest home	1 per four patient beds plus 1 per employee during the maximum work shift
	Wholesale and distribution, warehousing and storage, truck terminals and other enclosed storage uses	1 space for each 1,000 square feet of gross floor area or 1 for each 2 employees on the maximum work shift, whichever is greater
	Manufacturing and Industrial establishments	1 for each 750 square feet of gross floor area or 1 for each 2 employees on the maximum work shift, whichever is greater

E. 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.

F. 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 1/2 shall be disregarded and fractions over 1/2 shall require one additional space.

G. 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.

(1) All parking spaces shall be served by an aisle not less than 20 feet in width.

(2) Any enclosed loading space shall be located at least 30 feet 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.

(3) Individual parking and loading spaces, maneuvering areas, entrances and exits shall be suitably identified with lines and arrows, as deemed necessary by the Building Official.

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

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

(6) 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.

(7) 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 adjoining premises and public rights-of-way.

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

(9) All parking areas with more than five spaces and all loading areas shall be bordered on all sides that are contiguous to or across the street from the boundary of any property within any residence district with a five-foot-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.

H. Access drives. No driveway or access road to or from any property 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.

(1) No driveway shall be located closer than 25 feet to any street intersection, measured along the street lines. In any nonresidential district, no two driveways on the same lot shall be located closer than 25 feet to each other at their closest limits.

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

§ 265-43 Sign requirements.

It is the intention of these sign regulations to promote the public safety, protect property values, create an attractive business climate and enhance the physical appearance of the community.

A. General requirements. Every sign permitted by this chapter shall comply with the following:

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

(2) Illumination.

(a) 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.

(b) 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.

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

(3) Traffic safety. No sign shall, by reason of its design, size, location, content, coloring or manner of illumination, constitute 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.

(4) 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.

(5) Moving signs. No sign or any part thereof shall be permitted 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 banners, 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.

(6) 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.

B. Signs permitted in all districts. The following signs are permitted in all districts, subject to the conditions contained herein.

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

(2) A real estate sign that gives information about the availability (for sale or rental) of the premises (in whole or in part) on which the sign is located shall not exceed six square feet in area.

(3) A real estate development sign that gives information offering four or more lots, homes, apartments or stores, for sale or lease, on the premises on which the sign is located shall not exceed 25 square feet in area and shall require a sign permit.

(4) Official government notices.

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

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

(7) Signs of public service companies to warn of danger.

(8) Temporary signs for public, political and charitable purposes, provided they are removed within seven days after the publicized event.

(9) Religious symbols attached to buildings and not extending within a required yard.

(10) Signs that can be seen only from the lot where the sign is located.

C. Signs permitted in residence districts. The following signs are permitted in all residence districts, subject to the conditions contained herein:

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

(2) For other nonresidential uses permitted in these districts, such as schools, churches and public buildings, signs are permitted, provided the total area of all signs shall not exceed 25 square feet.

D. 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:

(1) Wall signs. All wall signs shall comply with the following requirements:

(a) Each sign must be attached to a wall or facade of a building fronting on a public street.

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

(c) A wall sign may extend forward as much as 12 inches 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 the wall is coincident with the building line, such sign may extend not more than 12 inches beyond such line if placed 10 feet above the sidewalk and three inches if placed below the ten-foot level.

(d) No sign shall be more than 20 feet in height from ground level, except, on high-rise building walls, signs may be permitted near the top of any wall, provided the lowest point of the sign is at least 75 feet above finished grade and no more than 20 feet 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.

(e) The area of all wall signs shall not exceed two square feet for each lineal foot of building fronting on a public street or 10% of the area of the facade of the building fronting on a public street, whichever is greater.

(2) Freestanding signs. All freestanding signs shall comply with the following requirements:

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

(b) No sign shall extend or project beyond any property or street line.

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

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

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

(f) No freestanding sign shall exceed an area of 300 square feet.

(g) There shall not be more than one freestanding sign for each 100 lineal feet of lot frontage. In determining the number of permitted signs, lot frontage shall be rounded to the nearest 100 feet.

(h) No freestanding sign shall exceed a height of 20 feet above grade as measured to the top of the signs.

(3) Marquee signs. All marquee signs shall comply with the following requirements:

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

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

(c) No sign or any part thereof shall extend beyond the curbline.

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

E. Signs permitted in the I-2 Industrial District. In addition to the signs permitted in commercial and industrial districts, the following signs shall be permitted in the I-2 Industrial District subject to approval of a sign permit and the following conditions:

(1) Roof sign.

(a) Supporting members of a roof sign shall be an architectural and integral part of the building. The sign shall be free of cables, guy wires and extra bracing.

(b) No roof sign shall extend more than 20 feet in height above the roof of the building.

(c) The area of all roof signs on the property shall not exceed two square feet for each lineal foot of lot frontage.

(d) There shall be no more than one roof sign for each principal building on the lot.

(e) No roof sign shall exceed an area of 400 square feet.

(2) Billboards.

(a) All billboards shall be subject to approval of a special exception.

(b) A billboard shall not exceed 300 square feet in area.

(c) No billboard shall be more than 10 feet in height from ground level, and all such structures shall have an open space of not less than three feet between their lower edges and the ground, which space may be shielded by an ornamental lattice.

(d) No billboard shall be located closer than 25 feet to any property line or road right-of-way or closer than 50 feet to any other billboard on the same lot.

§ 265-44 Swimming pools.

[Amended 8-14-1986 by Ord. No. 560]

Except as provided hereinafter, no in-ground swimming pools and no aboveground swimming pools having a capacity of over 2,000 gallons shall be located, constructed or maintained on any lot or land area, except in conformity with the following requirements:

A. Such pool shall be located in a real yard only.

B. Enclosure.

(1) The pool shall be in an enclosed area.

(2) The area in which the pool is located may be enclosed by a fence or a combination of fence and building walls.

(3) All fences used in enclosing the area in which a pool is located shall be of good quality and shall have a height of not less than four feet nor more than six feet, any other provisions of this chapter notwithstanding.

C. Aboveground swimming pools which are designed and constructed so that there is a fence built on a deck area or attached to the sides of the swimming pool, and the fence completely surrounds the swimming pool, and the fence extends at least two feet above 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.

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

E. Permits shall be required for all swimming pools except swimming pools which are located above ground and have a capacity of 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 time 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 $5.

§ 265-45 Nonconforming buildings, uses and lots.

A. 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.

B. 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 alterations 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 and 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.

C. Change. A nonconforming use of a building or land may be changed to a nonconforming 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.

D. Restoration. A nonconforming building which has been damaged or destroyed by fire or other causes to an extent of not more than 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: 1) the reconstructed building shall not exceed in height, area and volume the building destroyed or condemned; and 2) building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.

E. Abandonment. If a nonconforming use of a building ceases for a continuous period of one year or more, or if nonconforming use of land ceases for any length of time for any reasons, as determined by the Zoning Officer, subsequent use of such building or land shall be in conformity with the provisions of this chapter.

F. 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.

§ 265-46 Floodplain management regulations.

[Amended 6-14-1984 by Ord. No. 544; 5-14-1987 by Ord. No. 566; 12-13-2001 by Ord. No. 639[1]]

See Chapter 126, Flood Damage Prevention, for floodplain management regulations.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 265-47 Storage lockers.

[Added 2-12-1987 by Ord. No. 565]

A. Definition. As used in this chapter, the following terms shall have the meanings indicated:

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 location 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.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Construction of storage lockers:

(1) No storage locker shall exceed one story in height.

(2) The interior dimensions of any locker unit shall not exceed 10 feet by 18 feet by eight feet high.

(3) All walls between storage locker units shall be a minimum of six-inch concrete block or the equivalent thereof.

(4) There shall not be any drains from any locker unit leading to any storm sewer system.

(5) 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 may be required of any industrial user of the sanitary sewer system of the Borough of Trainer pursuant to Chapter 207 of the Code of the Borough of Trainer.

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

(7) There shall be no interconnection between storage locker units or between storage units in any other building.

(8) Each storage locker unit shall have only one opening.

(9) There shall be a waterproof vent to the outside atmosphere for each locker unit.

(10) No storage locker facility or complex shall be constructed within 200 feet of any home, school, church, playground areas, or park areas.

(11) No storage locker unit shall be closer then 50 feet from any property line.

(12) There shall be no less than 25 feet between rows of locker units.

(13) There shall be minimum of a six-foot-high fence constructed around the entire storage locker complex. Such fence must comply with all setback and zoning and building laws and ordinances of the Borough of Trainer.

C. Location of storage lockers. All locker units shall be built on proper and adequate foundations with a concrete floor a minimum of four inches thick.

D. Security system in storage locker unit. There shall be a fire/smoke detector in proper working order in each storage locker unit. Every storage locker facility shall have a security system for the entire facility which shall be adequate to prevent trespassers and others without authority or right from entering the storage locker facility.

E. Office and/or guard box. An office and/or guard box or station may be built at the entrance to the storage locker complex but may not be incorporated as to be a part of the required outer perimeter fencing.

F. Parking. All driveways and parking spaces must be constructed of an approved hardpan surface of either asphalt or concrete.

G. Storage of hazardous in storage lockers.

(1) Hazardous materials shall not be kept or stored in any storage locker. Hazardous materials shall include toxic and poisonous materials as well as petroleum products and all materials defined as hazardous by the Commonwealth of Pennsylvania and for the United States of America and/or any state or federal government agency.

(2) No vehicles, motors, equipment with motors, tanks or other items which normally contain gasoline or other petroleum or alcohol fuel shall be stored unless the tanks and engines are clean of all fuel.

H. Inspection. Each storage unit may be inspected at any time, without notice, by the Borough for the purpose of discovering any hazardous materials. The storage locker complex may be inspected at any time, without notice, by the Borough of Trainer to ensure compliance with this article.

I. Liability. Liability for unsafe conditions and for violation of this article shall be charged to the owner(s) and/or manager(s) of the storage complex facility, the corporate officers of any corporate owner and/or corporate manager, and/or the lessee of any storage locker unit.

(1) Storage lockers may be constructed only in B Business Districts, I-1 Light Industrial Districts and I-2 General Industrial Districts.

J. Penalties. All penalties which can be imposed for the violation of any zoning chapter or building chapter of the Borough of Trainer shall be applicable to violations of this section. In addition thereto, penalties and affirmative duties shall be imposed for all violations of this section, as follows:

(1) A penalty of no more than $300 per violation for each day on which the violation continues to exist.

(2) All penalties which may be imposed for the commission of a summary including a prison term not to exceed 90 days.

(3) The owner and/or occupier and/or renter of any storage locker unit or complex found to be in violation of any provision of this section shall immediately take action to correct the violation.