This chapter shall be known and may be cited as "The Borough
of Trainer Zoning Ordinance of 1983."
A.
In interpreting and applying the provisions 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.
B.
In the event of conflict in the terminology of any section or part
thereof, the more restrictive provisions of this chapter shall prevail.
A.
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.
B.
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.
For the purpose of this chapter, the Borough of Trainer is hereby
divided into five classes of districts which shall be designated as
follows:
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R-1
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Single-Family Residence District
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R-2
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General Residence District
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R-3
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Multifamily Residence District
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B
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Business District
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I-1
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Light Industrial District
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I-2
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General Industrial District
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The boundaries of said districts shall be shown on the map attached
to and made a part of this chapter, which map shall be known as the
"Zoning Map of the Borough of Trainer." Said map and all notations,
references and data shown thereon is hereby incorporated by reference
into this chapter and shall be as much a part of this chapter as if
all were fully described herein.[1]
[1]
Editor's Note: The Official Zoning Map. as amended, is on
file in the Borough office.
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 boundary 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.
[Amended 12-8-1983 by Ord. No. 533; 5-14-1987 by Ord. No. 566; 2-14-2002 by Ord. No. 644; 7-11-2002 by Ord. No. 645; 7-11-2002 by Ord. No.
647; 11-14-2013 by Ord. No. 736; 3-11-2021 by Ord. No. 768]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings herein
indicated. Words used in the present tense 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."
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 at the higher ground level
and not more than 6 1/2 feet at the lower level; freestanding
antennas which shall not exceed 25 feet above the principal building
on a residentially zoned property or residentially used property;
receiving and transmitting radio and television antennas installed
on the roof of a building and extending not more than 25 feet 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.
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,
videotape 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 include, but shall not be limited
to, adult bookstores, adult movie stores, adult novelty stores, peep
shows and strip shows.
A public right-of-way used as a secondary means of access
to the rear of residence and business establishments.
Any place of assembly for the purpose of spectator presentations,
such as concerts, theatrical performances, lectures, or similar cultural
events.
The portion of a building that is partly below grade and
which has more than 1/2 of its height, measured from floor to ceiling,
above the average finished grade of the ground adjoining the building.
A boardinghouse, rooming or lodging house is a building other
than a hotel or motel where lodging, or lodging and meals, are provided
for three or more persons for compensation pursuant to previous arrangements
but not open to the public or transients.
Any combination of materials forming any construction, except
where entirely underground so as to permit the use of the ground above
the same as if no building were present; the term "building" shall
include the term "structure."
The aggregate of the maximum horizontal cross-section areas,
excluding cornices, eaves and gutters, of all buildings on a lot.
The duly adopted regulations of the Borough of Trainer regulating
construction within the Borough.
The line parallel to the street line at a distance therefrom
equal to the depth of the front yard required for the district in
which the lot is located.
The duly constituted official or his deputy within the Borough
of Trainer whose job it is to enforce the Building Code of the Borough.
The portion of a building that is totally or partly below
grade and which has less than 1/2 of its height, measured from floor
to ceiling, above the average finished grade of the ground adjoining
the building.
A place used for the care, diagnosis and treatment of sick,
ailing, infirm or injured persons and those who are in need of medical
or surgical attention but who are not provided with board or room
or kept overnight on the premises.
A corporation, association, or group of persons formed for
a social, educational or recreational purpose, but not run primarily
for profit or to render a service which is customarily carried on
as a business.
Any building or buildings and the lot upon which they are
located which is publicly owned or operated to serve the community
in which it is located. Such use may include indoor and outdoor recreational
facilities, public meeting rooms, libraries, and rooms for the dispensing
of counseling, guidance or clinical services, but may not include
residential uses.
The document or documents, as amended, which have been adopted
by the Borough Planning Commission and Borough Council as the Comprehensive
Plan of the Borough.
See "dwelling, condominium."
See "dwelling, cooperative."
An open space enclosed on all sides by exterior walls of
a building.
An open space enclosed on three sides by exterior walls of
a building.
The area covered by all buildings on a lot, expressed as
a percentage of the total lot area.
Any boardinghouse, rooming house or lodging house in which
room and/or board are provided to any person having limited or diminished
ability to care for themselves due to conditions, including, but not
limited to, the following: alcohol and drug dependence; physical dependency;
mental dependency; age, etc. A dependent care facility shall include
halfway house, rest home, nursing home, convalescent home, etc.
Premises constructed to cater to the motoring public, whether
or not serving pedestrians as well as the automobile trade, and used
for the sale to or service to the public of any products or services
and providing curb and/or window counter service.
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:
CONDOMINIUMA 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.
COOPERATIVEA 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.
DETACHEDA building designed for and occupied by a single household which has no party walls in common with any other structure.
DUPLEXA detached building occupied by two dwelling units, one of which is located above the other.
MULTIPLEA building or portion thereof containing three or more dwelling units.
ROW or ATTACHED, also TOWNHOUSEA 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.
SEMIDETACHED or TWINA one-family dwelling separated by a party wall from only one adjacent building.
The duly appointed and licensed Engineer of the Borough of
Trainer.
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit. More than five persons not related by
blood, marriage or adoption shall not be considered to constitute
a family.
The relatively flat area or low lands adjoining the channel
of a river, stream or watercourse or any body of standing water which
has been or may be covered by floodwater.
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 line of walls separating two buildings. Floor area shall include
the area of basements when used for residential, commercial or industrial
purposes but need not include a basement or portion of a basement
used for storage or housing of mechanical or central heating equipment.
The floor area, in square feet, of all buildings on a lot
divided by the area of such lot in square feet.
COMMUNITY A building or group of buildings, one story in height,
used exclusively for the storage of motor vehicles for compensation.
PRIVATE A building accessory to the principal use on a lot,
for the storage of motor vehicles either for or without compensation,
to service the principal uses on the lot.
MUNICIPAL A structure of two or more stories for the short-term
storage of motor vehicles, owned or operated by the Borough of Trainer
or its agent.
The vertical distance measured from the average finished
grade at all foundation corners of the building or structure, or 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.
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.
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 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.
An institution providing health services primarily for inpatients
and medical or surgical care of the sick or injured, including as
an integral part of the institution such related facilities as laboratories,
outpatient departments, training facilities, central service facilities,
and staff offices.
A building occupied or used as a more or less temporary abiding
place of 25 or more individuals with or without board and/or in which
there are 15 or more sleeping rooms and in which no provision is made
for cooking in any individual room.
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or other scrap or discarded material, or for the collecting, dismantling,
storage or salvaging of machinery or vehicles not in running condition,
and for the sale of parts thereof.
A portion of a lot upon which a building is located which
is set aside for the parking of vehicles while loading and unloading.
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.
CORNER LOTA lot at the junction of and abutting on two or more intersecting streets.
LOT DEPTHThe 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.
LOT LINEAny property line bounding a lot.
REAR LOT LINEThe lot line opposite and most distant from the front lot line; if the rear lot line is less than 10 feet 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 10 feet in length lying farthest from the front lot line.
THROUGH LOTA lot having street frontage both in front and to the rear.
LOT WIDTHThe dimension measured along the front yard line or at right angles to the depth of the lot, whichever is less.
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 mobile homes, park trailers, travel trailers, recreational,
and other similar vehicles placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land comprising a minimum
of seven acres which has been planned and improved for the placement
of a minimum of 42 manufactured homes.
Any process whereby the nature, size or shape of articles
or raw materials are changed or where articles are assembled.
Any premises containing one or more piers, wharves, docks,
moorings, bulkheads, buildings, slips, basins or land under water,
designed, used or intended to be used primarily for the docking or
mooring of boats for compensation.
HEAVY-DUTY TRUCK Any commercial medium- or heavy-duty on-highway
vehicle or a work truck, as defined in 49 U.S.C. 32901(a)(7) and (19).
LIGHT-DUTY TRUCKA truck, van or sports utility vehicle used for commercial purposes which utilizes two axles with a gross vehicle weight rating (curb weight plus payload) of no more than 8,500 pounds.
MOTOR-VEHICLE-RELATED BUSINESS OPERATIONA business operation which is not an operation on any particular subject property at the time of passing of this article which has any connection with 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, junkyards, towing services, or other related motor-vehicle-related business activity.
WORK TRUCKA vehicle that is rated at between 8,500 pounds and 10,000 pounds gross vehicle weight and is not a medium-duty passenger vehicle as defined in Title 40, Code of Federal Regulations, Section 86.1803-01.
A building which does not comply with the provisions of this
chapter, but which lawfully existed prior to the enactment of this
chapter.
A lot legally existing on the effective date of this chapter
or any amendment thereto which does not conform to this chapter for
any prescribed lot requirement, such as lot area, width or depth.
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.
An open space or a garage on a lot, used for parking of motor
vehicles, the area of which shall not be less than 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.
The duly and legally appointed Planning Commission of the
Borough of Trainer, Pennsylvania.
A building in which is conducted the main or principal use
of the lot on which the building is located.
Lots, equipment, buildings, and all other facilities owned
and/or operated by any corporation which is regulated by the Pennsylvania
Public Utility Commission.
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.
An area, including all faces of a sign, measured as follows:
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.
When such sign consists 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.
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.
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.
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor, or, if there be no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
Any space partially within the roof framing, where the clear
height of not more than 50% of such space between the top of the floor
beams and the structural ceiling level is seven feet or more.
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.
The dividing line between a lot and a street right-of-way.
Any change in the supporting members of a building, such
as beams, columns or girders.
See definition of "building."
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 berm constructed, erected, excavated
or maintained, which will cause the retaining of water to a greater
depth than 18 inches and having a plane surface area of water greater
than 100 square feet.
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 25% is roofed for shelter purposes
only, the minimum dimension of which is 40 feet, and which is available
and accessible to all occupants of the building or buildings on the
said lot for the purposes of active or passive outdoor recreation.
FRONTThe 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.
SIDEThe 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.
REARThe 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.
