In C Commercial Districts the following regulations shall apply.
A building may be erected, altered or used, and a lot may be occupied or used, in whole or part, for any of the following uses and no other, provided that such uses comply with the district regulations below, and all other applicable sections of this Ordinance.
A. 
Uses Permitted By-Right.
1. 
Use B-5. Convenience Store/Mini-Market.
2. 
Use B-11. Hotel/Motel/Inn.
3. 
Use B-13. Mixed-Use Building.
4. 
Use B-14. Personal Care Business.
5. 
Use B-15. Professional Service Business.
6. 
Use B-17. Restaurant.
7. 
Use B-18. Retail Shop.
8. 
Use B-19. Retail Take-Out Foods.
9. 
Use B-20. Service or Gas Station.
10. 
Use B-24. Brewery/Brewpub.
[Added 1-6-2022 by Ord. No. 407[1]]
[1]
Editor's Note: Pursuant to this ordinance, former Subsection A(10) through (23) were renumbered as Subsection A(12) through (25), respectively.
11. 
Use B-25. Artisanal Production/Retail Manufacturing.
[Added 1-6-2022 by Ord. No. 407]
12. 
Use D-1. Office Building.
13. 
Use D-2. Professional Office.
14. 
Use D-3. Medical Clinic or Office.
15. 
Use E-1. Athletic Club.
16. 
Use E-2. Indoor Recreation.
17. 
Use E-3. Movie Theater.
18. 
Use E-5. Theater (Performing).
19. 
Use F-1. Body Shop/Automobile Repair.
20. 
Use F-2. Building Supply.
21. 
Use F-3. Car Wash.
22. 
Use F-4. Commercial School.
23. 
Use F-5. Contracting Shop.
24. 
Use G-1a. Multifamily Unit, permitted only as a part of Use B-13: Mixed Use Building.
25. 
Accessory Uses. The following accessory uses on the same lot which are subordinate and customarily incidental to any of the above permitted uses and as provided for in Article III herein:
a. 
Use A-2. Residential Accessory Structure.
b. 
Use A-3. Non-Residential Accessory Structure.
c. 
Use A-5. Commercial Vehicles.
d. 
Use A-6. Drive-Through Facilities.
e. 
Use A-7. Fences and Walls.
f. 
Use A-10. Home Occupation.
g. 
Use A-12. No-Impact Home-Based Business.
h. 
Use A-13. Outdoor Storage and Waste Disposal.
i. 
Use A-15. Roadside Stand.
j. 
Use A-16. Swimming Pool.
k. 
Use A-17. Tennis/Sports Court.
l. 
Use A-19. Recreational Sporting Vehicle.
B. 
Uses Permitted Only When Authorized by Special Exception.
1. 
Use B-7. Dry-Cleaners (On-Site).
2. 
Use B-8. Medical Marijuana Dispensary.
3. 
Use B-9. Pharmacy.
4. 
Use C-6. Group Supervision Facility.
5. 
Use F-6. Kennel.
6. 
Any other legal use not otherwise permitted expressly or elsewhere in this Zoning Code when authorized as a special exception by the Zoning Hearing Board and after the imposition of conditions designed to eliminate (to the extent reasonably possible) adverse effects upon neighboring properties and the general public health, safety, and welfare, provided such use is not already permitted in one of the municipalities with which the Borough has adopted and implemented a multi-municipal comprehensive plan.
C. 
Uses Permitted by Conditional Use. The following are only permitted when authorized by Borough Council as a Conditional Use, provided that § 176-1005, all applicable use regulations of Article III, as well all other applicable requirements of this Article and Chapter, are satisfied:
1. 
Any of the following, in accordance with the standards of § 176-1006:
a. 
An increase of the building footprint of an existing building.
b. 
The removal, demolition or partial demolition of any existing buildings and structures in accordance with § 176-1006.B
c. 
The construction of any new principal buildings for any uses permitted by-right, by special exception or by conditional use in this zoning district.
A. 
The following dimensional requirements shall apply:
Dimensional Requirements
Minimum Lot Area
5,000 square feet
Minimum Lot Width
N/A
Setbacks
Minimum setbacks required for principal structures. See Article XX: Supplementary Regulations, for allowed projections into setbacks and Article III: Use Regulations, for applicable minimum setbacks for accessory structures.
Front
25 feet
Sides
5 feet (where provided for a building not attached to another building)
Rear
25 feet
Maximum Impervious Coverage
85%
Maximum Building Height
3 stories or 35 feet, except that that the height of any such other building or structure may be increased to a maximum of 60 feet when approved by the Zoning Hearing Board as a special exception.
Said Board shall make the finding that any excess height over 40 feet shall not be detrimental to the light, air, privacy or architectural scheme of any other structure or use currently existing or anticipated, provided that for every foot of height in excess of 40 feet there shall be added to each yard requirement one corresponding foot of width or depth.
A. 
Provision shall be made for safe and efficient ingress and egress to and from public roads serving the district without undue congestion to or interference with normal traffic flow.
B. 
Lighting facilities shall be arranged in a manner which will protect the roadway and neighboring properties from unreasonable direct glare or hazardous interference of any kind.
C. 
All proposed uses must have their primary facade oriented toward Main Street.
D. 
Any new buildings or building expansions shall be similar in size, scale, massing, fenestration, rooflines, building materials, and general appearance to one or more buildings located on adjoining lots or to an existing historic building or structure within the Borough. A new building or building expansion that differs from the existing buildings located on adjoining lots shall be permitted, provided that it is complimentary to the existing character of adjacent existing buildings.
E. 
All areas of a lot not covered by building and/or impervious paving shall be maintained as landscaped areas containing trees, shrubs and groundcover material, which may include lawn areas.
F. 
Lighting.
1. 
Lighting fixtures shall be directed away from residential properties and arranged in a manner that will protect the street and neighboring properties from direct glare or hazardous interference of any kind.
2. 
Lighting fixtures shall be of a character consistent with the architecture of the structure and surrounding properties.
G. 
All refuse areas shall be screened from the view of adjacent streets or residential districts by an opaque buffer at least six feet high and not more than eight feet high. This screened area shall be in the rear or side yard.
H. 
All new development and conversions shall be served by public water and sewer facilities.
I. 
All utility lines shall be placed underground whenever feasible for development or expansion of existing development.
J. 
No single use shall exceed 50,000 square feet. The total square footage of any site with more than one use shall not exceed 100,000 square feet.
In conjunction with Article XVII, Off-Street Parking and Loading, of this chapter, the following requirements shall apply to any parking areas provided in the C Commercial District:
A. 
Transportation Impact Study. A Transportation Impact Study, performed according to the requirements of § 176-2015, shall be required of any proposed use or development which meets the anticipated trip-generation threshold as indicated in § 176-2015.
B. 
All proposed uses shall provide shared access, access easements, consistent grading and driveway interconnections with adjoining lots when required by the Borough. Should the Borough require shared access between multiple users or multiple lots, or should an applicant voluntarily provide shared access between multiple users or multiple lots, the following requirements and conditions shall apply:
1. 
When two or more abutting lots share an access driveway, that driveway shall be designed as the main access to those lots, and one or more existing access driveways shall then be closed.
2. 
Where development of three or more adjoining parcels consolidates vehicular access into one shared driveway, that driveway may be upgraded into a medium volume (between 1,500 and 3,000 vehicle trips per day) driveway according to PennDOT standards.
3. 
Shared access may be located entirely on one lot or be split along a common lot line.
4. 
Access easements and maintenance agreements or other suitable legal mechanisms shall be provided, acceptable to the Borough in consultation with the Borough Solicitor.
5. 
Liability safeguards for all property owners and lessees served by the shared access shall be guaranteed to the satisfaction of the Borough in consultation with the Borough Solicitor.
In addition to the development standards established in § 176-1003 herein, and all other applicable regulations of this Chapter herein, the following shall apply to any conditional uses in the C Commercial District:
A. 
Conditional uses must preserve, utilize and/or maintain a building in a manner that is consistent with the character of this section of Main Street and the Main Street Schwenksville Streetscape Plan and Design Guidelines.
B. 
Transportation Impact Study. The Borough may require a transportation impact study as a part of its evaluation of conditional uses applications. In the case that a transportation impact study is required, the requirements of § 176-2015 shall apply.
The increase in building footprint of or removal of existing principal buildings, or the construction of new principal buildings for all uses within the C District shall be permitted by conditional use subject to compliance with the standards set forth below. The following property alterations may be exempted from the Conditional Use review required by §§ 1005 and 1006 by the Zoning Officer/Building Inspector, provided such alterations conform to the Main Street Schwenksville Streetscape Plan and Design Guidelines: the routine repair, maintenance or replacement in kind of any exterior elements or features of any building or structure, in whole or in part. 'Replacement in kind' refers to equal in construction characteristics, including material, size, configuration, profile, appearance, texture, color and method of installation with conforming lines, levels and planes.
A. 
Increase in footprint of principal buildings.
1. 
Building footprint expansions to existing buildings shall only be permitted to the rear and sides of the principal building. Expansions to the front of the building are not permitted.
a. 
Any expansions done to the rear of the building must conform in scale and architectural design to the existing building.
b. 
Expansions to the side of the building must conform in scale, building materials, and architectural design to the front facade of the existing building and be set back a minimum of 10 feet from the front facade of the existing building.
c. 
The rooflines of all additions shall be similar or complementary to those of the existing building.
2. 
An existing principal building that faces the street shall not be expanded toward the street except to permit an open front porch consistent with the architectural design of the front facade of the building.
3. 
Applicants shall submit architectural drawings for the evaluation of the proposed principal building expansion. Borough Council may approve a building footprint expansion different from the existing building, provided that it complements the existing building and does not detract from the intent of this article to retain the village atmosphere of Main Street.
B. 
Removal, demolition or partial demolition of existing buildings and structures.
1. 
An applicant and/or owner shall not remove, demolish or partially demolish an existing principal building within the C District unless Borough Council is satisfied that the principal building is not suitable for the proposed use according to the following criteria:
a. 
The applicant demonstrates to the Borough that the existing principal building is structurally unsound. Applicant shall submit a written report from a structural engineer who has evaluated said principal building.
b. 
The principal building cannot be reasonably modified to accommodate access for handicapped individuals. The applicant will submit a written report listing all restrictions and estimated costs to modify said principal building. The report shall be prepared by a structural engineer, signed, and sealed.
c. 
Interior spaces of the principal building are too small to be converted to be suitable for the proposed use.
2. 
An applicant shall not remove, demolish or partially demolish an existing principal building until Borough Council has approved a land development plan for the subject property on which the principal building is located, subject to the following criteria:
a. 
The replacement principal building is located in approximately the same location as the building proposed to be removed.
b. 
The area of the existing principal building shall not be utilized for parking but shall be used for a replacement building, landscaping or open space.
c. 
Replacement principal buildings shall be similar in general appearance, size, scale, and bulk and building material to the removed principal building. Applicants shall submit architectural drawings for the evaluation of the proposed building. Borough Council may approve a new principal building different from the existing principal building, provided that it complements the adjacent buildings and does not detract from the intent of this article to retain the village atmosphere of Main Street.
3. 
Principal and accessory structures which have been identified by either the state or have been indicated in the 2011 Historic Resource Survey commissioned by the Borough of Schwenksville as having historic significance shall not be removed, demolished or partially demolished unless preservation or rehabilitation of the structure is determined to be infeasible for all permitted uses. In determining whether the preservation or rehabilitation of the structure is feasible, the determination of § 176-1006.B.1 shall be followed, except that the determination shall also be applied to the removal, demolition or partial demolition of accessory structures, in addition to consideration of the following conditions:
a. 
Whether the structure is representative of a specific period of significance that is integral to the Borough's history.
b. 
Whether the structures can be preserved by protecting its location from disturbance.
c. 
Whether measures, such as rehabilitation, reuse, or restoration, can result in preservation of the structure.
d. 
Whether the steps necessary to preserve the structure are feasible and do not create an economic hardship, defined as satisfying all of the following conditions:
I. 
The property is incapable of earning a reasonable return in its current or rehabilitated state, regardless of whether the return represents the most profitable return possible.
II. 
The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which will result in a reasonable return.
III. 
Earnest and reasonable efforts to find a purchaser interested in acquiring the property and preserving have failed.
e. 
Whether the measures taken to preserve the structure are long-term in nature.
C. 
Construction of a new principal building.
1. 
New principal buildings may be constructed on any empty lot, provided that the lot and building conform in all respects to the requirements of this zoning district, and provided the following conditions are met:
a. 
The new building shall be similar in size, scale, massing, fenestration, general appearance, and building materials to the general character of existing buildings within the Borough.
b. 
Applicants shall submit architectural drawings for the evaluation of the proposed building. Borough Council may approve a new building different from the existing buildings located on adjoining lots, provided that it complements the existing buildings and does not detract from the intent of this article to retain the village atmosphere of Main Street.
c. 
Any new buildings constructed on a lot containing an existing building may not be built on the portion of the lot between the front facade of the existing building and the lot line that abuts a street right-of-way.