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Malvern City Zoning Code

ARTICLE XV

C4 - High Intensity Commercial District

§ 220-1500 Purpose.

The purpose of the C4 High Intensity Commercial District is:
A. 
To accommodate larger-scale and auto-oriented commercial uses on larger parcels in an area that is more readily accessible by vehicular traffic;
B. 
To allow continuation of the small-town character of the C3 Town Center Commercial District in the redevelopment of smaller lots in this district.

§ 220-1501 Use regulations.

A building may be erected or used and a lot may be used or occupied for any one of the following principal uses, and no other:
A. 
Uses by right. The following uses are permitted by right in this district:
(1) 
Restaurant, bakery, ice cream shop or similar establishment, which may include an outdoor cafe, provided that any outdoor cafe area is not within a public right-of-way.
[Amended 11-16-2021 by Ord. No. 2021-9]
(2) 
Personal service shop, such as a barber shop, beautician or clothes cleaner and pressing pick-up point, but not including laundry, dry cleanings or clothes pressing establishment.
(3) 
Retail service shop, such as a butcher shop, custom tailoring shop, framing shop, jewelry shop or similar establishment.
[Amended 11-16-2021 by Ord. No. 2021-9]
(4) 
Business or professional office.
(5) 
Studio.
(6) 
Bank or similar financial institution.
(7) 
Upper floor dwelling unit, as per § 220-2423.
(8) 
Forestry, as per § 220-2204.
(9) 
Accessory use, as per § 220-2401B, C, and D.
(10) 
Retail store.
[Added 8-21-2007 by Ord. No. 2007-4]
B. 
Conditional uses. The following uses shall be permitted only upon the grant of conditional use approval from the Borough Council, subject to the terms of this article and of Article XXIX:
(1) 
Club or lodge, as per § 220-2407.
(2) 
Automatic self-service laundry.
(3) 
Amusement center, as per § 220-2404.
(4) 
Day-care center, as per § 220-2409.
(5) 
Multishop retail use, subject to § 220-2417.
(6) 
Tavern.
(7) 
Medical or veterinary clinic.
(8) 
Movie theater.
(9) 
Hotel or motel.
(10) 
Drive-through service, as per § 220-2410.
(11) 
Motor vehicle sales, including used motor vehicle sales.
(12) 
Outdoor cafe, partially or entirely within a public right-of-way such as a sidewalk or alley, as per § 220-2418.
[Added 8-21-2007 by Ord. No. 2007-4; amended 11-16-2021 by Ord. No. 2021-9]
(13) 
Multiuse development, as per § 220-2425.
[Added 4-21-2009 by Ord. No. 2009-3]

§ 220-1502 Area and bulk regulations.

A. 
Multishop retail, movie theater, and hotel and motel uses shall meet the following standards:
(1) 
Minimum lot area: one acre.
(2) 
Minimum lot width: 125 feet.
(3) 
Front build-to line: five feet maximum distance a building can be constructed from front lot line (also see maximum building height, below).
(4) 
Minimum side yard: 15 feet on each side.
(5) 
Minimum rear yard: 25 feet.
(6) 
Maximum building coverage: 50%.
(7) 
Maximum lot coverage: 90%.
(8) 
Maximum building height: three stories or 35 feet, whichever is less. However, when there is a minimum front yard setback of 20 feet, the maximum permitted building height shall be four stories or 50 feet, whichever is less. Mechanical equipment can exceed the height regulation by five feet but must be screened from view, subject to Article XXIII.
B. 
All uses, except for multishop retail, movie theater, and hotel and motel uses shall meet the following standards:
(1) 
Minimum lot area: 4,000 square feet.
(2) 
Minimum lot width: 20 feet.
(3) 
Front build-to line: five feet maximum distance a building can be constructed from front lot line.
(4) 
Minimum side yard: none required.
(5) 
Minimum rear yard: 25 feet.
(6) 
Maximum building coverage: 75%.
(7) 
Maximum lot coverage: 90%.
(8) 
Maximum building height: Any portion of a building that is closer than 20 feet from the right-of-way line shall be no greater than three stories or 35 feet in height, whichever is less. For each 10 feet a portion of a building is set back from the right-of-way line, that portion of the building may be five feet higher, up to a maximum of four stories or 50 feet in height, whichever is less. Mechanical equipment can exceed the height regulation by five feet but must be screened from view, subject to Article XXIII.
[Amended 8-21-2007 by Ord. No. 2007-4]

§ 220-1503 Design standards.

The following design standards shall apply to all uses, as applicable, in this zoning district:
A. 
Lighting, storage, buffering and screening shall be in accordance with Article XXIII.
B. 
Signage regulations shall be in accordance with Article XXVI.
C. 
Parking and loading shall be in accordance with Article XXV.
D. 
Nonconforming uses shall be in accordance with Article XXVII.
E. 
Natural resource protection standards shall be in accordance with Article XXII.
F. 
Olde Towne design standards should be followed in accordance with the Borough Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 181, Subdivision and Land Development.
G. 
The following access management regulations shall apply:
(1) 
Wherever possible, vehicular access to the property facing King Street shall be via a side street or rear alley in order to avoid additional curb cuts on King Street.
(2) 
Elimination of existing curb cuts on King Street is encouraged in order to reduce traffic conflicts.
(3) 
No new curb cuts on King Street shall be permitted unless the applicant demonstrates, by submission of a report by a qualified traffic engineer, that:
(a) 
No other adequate means of necessary vehicular access to the property is possible; and
(b) 
The additional curb cut will not increase traffic congestion, traffic conflicts or hazards to pedestrians.
H. 
Separate storage facilities for trash and for recyclable materials shall be provided in accordance with § 220-2424.
[Added 8-21-2007 by Ord. No. 2007-4]