The intent of the Town Center (TC) Zoning District is to:

   (a)   Encourage economic viability through the establishment of flexible standards that maintain Swarthmore's unique identity.

   (b)   Encourage the retention of the Town Center streetscape by preserving the existing buildings of historic significance to the greatest extent possible.

   (c)   Promote the reuse of existing structures, and the construction of new structures in a manner that maintains the visual character and architectural scale of the Town Center.

   (d)   Ensure that new buildings, additions, and renovations are sympathetic with and enhance the surrounding streetscape.

   (e)   Encourage a walkable community by promoting pedestrian orientation of streets and buildings and providing a safe and convenient interconnected sidewalk network and access to an intermodal mass transit network.

   (f)   Retain and enhance the diverse array of retail, residential, commercial and civic uses in the Town Center.

   (g)   Provide for adequate parking in a manner that does not interfere with pedestrian traffic or the rhythm of the existing streetscape.

(Ord. 1056. Passed 11-12-13.)

   (a)   In the Town Center (TC) Zoning District, the following uses are permitted by right:

      (1)   Retail store, meaning an establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods, including tradespersons who provide services relating to tangible goods sold or repaired on the premises.

      (2)   Establishments primarily engaged in rendering services on a fee or contract basis to businesses or individuals, and whose uses require ground floor visibility to serve patrons on an unannounced or drop-in basis, that conduct a substantial part of their business face-to-face on the premises with their customers, and that maintain retail storefronts comparable to traditional retail sales operations, including display of goods and services for sale.

      (3)   Establishment serving food or beverages to the general public, such as a restaurant, café, retail bakery, confectionary or ice cream shop.

      (4)   Financial institution, such as a bank or savings and loan association.

      (5)   Art galleries and artist studios.

      (6)   School or studio for the arts and related fields, including music, dance, fine arts, fitness, and similar establishments.

      (7)   Educational or philanthropic uses, except those specifically listed as special exception.

      (8)   Religious institutions and their ancillary uses.

      (9)   Private clubs or fraternal organizations.

      (10)   Farmers' market.

      (11)   Government administration uses, including post office, community center, and libraries.

      (12)   Hotel, inn or bed and breakfast establishment.

      (13)   Professional offices located in structures meeting the following conditions at the time of enactment of this chapter:

         A.   The storefront façade does not exceed thirteen feet in width.

         B.   The ground floor leasable space does not exceed 600 square feet.

         C.   The window area does not exceed twenty-five square feet.

      (14)   For buildings existing as of the enactment date of this chapter, the following uses, provided that they do not occur adjacent to the sidewalk and on the ground floor of buildings unless the front of the building is set back ten feet or more from the front property line:

         A.   General Offices.

         B.   Professional Offices.

         C.   Dwelling, multi-family dwelling/apartment/residential condominium.

      (15)   Mixed-use development involving any of the above permitted uses.

         A.   Campaign Office: In the Town Center District, subject to the conditions that no such office shall be opened or occupied more than 180 days prior to a general election or 90 days prior to a primary election for which the campaign is being conducted, or more than 60 days after such general election or 30 days after such primary election.

   (b)   Accessory Uses.

      (1)   Indoor storage provided that it is limited to the stock and related supplies of a permitted use and adjacent to the permitted use.

      (2)   Off-street parking, as further regulated by this chapter.

      (1)   Wireless communication facility with antennas.

      (2)   Off-premises billboards.

      (3)   A family day-care home facility, group home day-care facility, day-care center or nursery school.

      (4)   Congregate housing for the elderly.

      (5)   Long-term care facility.

      (6)   Mobile homes and mobile home parks.

      (7)   Light industrial.

      (8)   Transit facilities, including railroad stations.

      (9)   Any other use required by law to be permitted and not specifically permitted in any other zoning district and the exclusion of which would be unlawful.

      (10)   Family/caregiver suite (see Section 1264.18).

      (1)   Demolition of any building (see Section 1256.06).

      (2)   The use of architectural standards and designs that differ from those set forth below in Section 1256.03, 1256.04, and 1256.05 if the applicant demonstrates to the satisfaction of the Borough Council that such standards and designs are in furtherance of the legislative intent of this chapter and of this subsection.

      (3)   Senior cooperative housing (subject to the criteria set forth in Sections 1264.11 and 1264.19).

(Ord. 1056. Passed 11-12-13; Ord. 1084. Passed 11-13-18; Ord. 1085. Passed 5-13-19; Ord. 06-2024. Passed 7-8-24.)

   The following dimensional standards shall apply within the Town Center (TC) Zoning District:

         A.   Build-to line. A building shall have a minimum front yard setback of zero feet and a maximum setback of five feet from the front property line. A setback may be increased to twenty feet from the front property line for the purposes of a courtyard, plaza, square, recessed entrance, or an outdoor dining area adjacent to the public street. Parking lots, driveways, loading zones, and auto-related areas may not be located at or in front of the build-to line, except that a hotel or inn may have a drop-off area in front of its primary entrance.

      (2)   At corner locations, a building shall be built to the property line of both streets to anchor the street corner.

         A.   Any building may be built to the side yard property line.

         B.   For buildings that are not built to the side yard property line, the distance between buildings must be a minimum of three feet. If agreed to by adjoining property owners, the required distance may be satisfied with one and a half (1.5) foot setbacks on each property.

         A.   There is no minimum rear yard requirement.

   (b)   Maximum combined lot coverage and hardscape coverage shall be 100%, but in no case shall lot coverage exceed the maximum allowed for the zoning district.

      (1)   The floor area used in calculating the FAR shall include enclosed accessory structures, porches enclosed on three or more sides, shafts used for mechanical, electrical and plumbing equipment, bay windows, and habitable attic floor area. An attic shall be considered habitable if it has: 1) a code-compliant stairway as a means of access; and 2) is lawfully designed and/or used for living or sleeping. The floor area used in calculating the FAR excludes chimneys, decks and patios, unenclosed porches, exterior steps and ramps, and uninhabitable attic floor area.

      (2)   The maximum FAR is 2.5.

      (3)   If the new building is mixed use, combining residential with non-residential uses, and at least fifty percent of the required parking is below grade or provided in an enclosed garage not visible from any street on which the façade fronts, the maximum FAR is 4.0.

      (1)   Buildings shall be at least two stories in height at the principal front façade with a minimum height of twenty-six feet.

      (2)   The maximum building height for a principal building shall be thirty-five feet. The height can be increased to the lesser of four stories or forty-five feet, if there is a ten-foot setback (on average) of the principal front façade above thirty-five feet.

(Ord. 1056. Passed 11-12-13; Ord. 1087. Passed 10-15-19; Ord. 02-2023. Passed 3-6-23.)

      (1)   Buildings should complement the pattern of the existing landmark structures and have a building fabric and relate to their site and surroundings, noting in particular that the existing streetscape is characterized by continuous street walls and multiple storefronts.

      (2)   Buildings should respond at street level to a pedestrian scale and encourage visual access and active uses at the ground floor.

      (3)   Emphasis should be provided at prominent locations to buildings:

         A.   With prominent façades that terminate view corridors;

         B.   Whose corners are at gateway locations; or

         C.   That either surround or are surrounded by open space.

      (4)   New and existing development should have a complementary character.

      (5)   Texture and variety should be provided through façade articulation and composition.

      (6)   Architectural expression should be provided in windows, doors, walls, and roofs.

      (7)   Pedestrian pathways should be provided that are safe and attractive and that accommodate a high volume of pedestrian traffic.

      (8)   Street trees and shade trees should be employed to enhance development.

      (1)   The main façade of buildings shall be designed to emphasize entryways, windows, corners, and vertical elements of the building façade, as well as other special features.

      (2)   The massing of all buildings shall be deemphasized through the use of projecting and recessed elements, such as porches, windows, and roof dormers to reduce overall bulk and volume, enhance visual quality and contribute to human-scale development.

      (1)   All new building facades shall be built to the scale of other buildings on the street.

      (2)   The design shall distinguish and emphasize the building's base and top, and reinforce the scale of the street for the pedestrian.

      (3)   All buildings shall articulate the line between the ground and upper floors with a cornice, canopy, balcony, arcade or other visual device.

      (1)   The primary pedestrian entrance shall be placed along the build-to line of the dominant street and not the rear or side of the building. Additional pedestrian access points may be located along other façades.

      (2)   When buildings are located on street corners, primary entrances shall be located on the corner with an appropriate building articulation, such as a chamfered corner, turret, canopy, or other similar building feature. If such design is not feasible, the building shall be most prominent on the primary street.

      (3)   Lobbies and retail spaces shall be clearly connected to the outdoor environment and visible from the street.

      (4)   All primary building entrances shall be accentuated. Entrances permitted include recessed, protruding, canopy, portico, or overhang.

      (5)   Ground floor windows shall be at street level and allow pedestrians to see the activity inside the building.

         A.   The ground floor of the primary front façade shall contain between sixty-five percent clear windows and doors and be complementary in design to existing properties in the Town Center District.

         B.   Bronze glass, highly reflective glass, tinted or black and smoked glass is prohibited.

         C.   Windows above the ground floor on the primary front façade of new or expanded buildings shall be clear and occur in a wall-to-window ratio of .75:1 to 1.25:1 along the horizontal width of the façade to result in a pattern of solid wall buildings with punched windows.

         D.   The maximum sill height of sidewalk-facing ground floor windows shall be two feet above the height of the finished ground floor.

         E.   Ground floor window heads shall be nine feet to twelve feet above the height of the finished ground floor.

         F.   The top of the display window shall be at least as high as the door height.

         G.   Individual windows in upper stories of the primary front façade(s) shall be vertically aligned with the location of windows and doors on the ground floor to the extent possible.

         A.   Details in masonry courses;

         B.   Blank window openings trimmed with frames, sills and lintels;

         C.   Recessed or projecting window cases.

         A.   Construction materials shall be in keeping with the surrounding pattern of construction. Acceptable materials shall be as set forth by resolution of Borough Council, which may be changed as needed from time to time.

         B.   Awnings shall complement the distinct character of each storefront.

         A.   The tops of buildings must express the roofline and have either pitched roofs with overhanging eaves or low-slope roofs with articulated parapets and cornices. Fascias, dormers and gables or similar architectural features shall be employed to provide visual interest.

         B.   Pitched roofs shall have a minimum slope of 4:12.

         C.   Roof materials shall be in keeping with the surrounding pattern of construction. Acceptable materials shall be set forth by resolution of Borough Council, which may be changed as needed from time to time.

(Ord. 1056. Passed 11-12-13.)

      (1)   Sidewalks are required along all street frontages.

      (2)   For any street frontage where there is not currently a sidewalk, the new sidewalk shall have a minimum width of eight feet.

      (3)   Sidewalks shall conform to the overall design pattern of existing sidewalks in the Town Center.

   (c)   All wall-mounted mechanical, electrical, communication, and service equipment, including satellite dishes and vent pipes shall not be located on the street facing façade of a building if another location option is available on the property, and shall in all cases be screened from public view.

   (d)   All rooftop mechanical equipment and other appurtenances, including antennas, shall be screened visually and acoustically. Such screening shall be integrated into the architectural design of the building.

      (1)   The creation of new sidewalk curb cuts for motor vehicles shall be avoided whenever an alternate point of access is available. Shared access agreements are encouraged. New sidewalk curb cuts and vehicle access ways are prohibited for any individual property with less than eighty feet of street frontage. When permitted, vehicle access ways shall be limited to one per property, to accommodate single vehicle entry and exit widths only. Garage doors are prohibited along all street frontages.

      (2)   Except as noted in paragraphs (e)(3) and (4) below, parking shall be as required in the Borough of Swarthmore Zoning Code, Subdivision and Land Development Code, and any other applicable code.

      (3)   Prior non-conformity with parking requirements may continue even if the permitted use changes.

      (4)   Prior non-conformity with parking requirements may continue in a replacement structure provided that the replacement structure is constructed within the same building footprint of the original structure, does not exceed the height of the original structure, and is built with the same configuration of residential and commercial space as the original structure. For example, if the original structure consisted of one floor of commercial space and two floors of apartment residences, the replacement structure must be constructed for the same use.

      (1)   All properties are required to provide space for refuse receptacles (trash and recycling) on the site.

      (2)   The storage of refuse shall be provided inside of the building or within an outdoor enclosed area enclosed by either walls or opaque fencing unless such refuse area is at the rear of the property and acceptably shielded from view by other methods and such enclosure would prevent the shared use of the site with on-site parking. Any refuse storage area outside of the building and screened by a fence or enclosure shall be designed to be architecturally compatible with the building.

      (3)   For multi-occupant buildings, refuse receptacle storage shall be consolidated into a single area.

(Ord. 1056. Passed 11-12-13.)

   No structure located within the Town Center (TC) Zoning District shall be demolished unless and until a demolition permit shall have been approved by Borough Council in accordance with conditional use application procedures outlined in Section 1264.11, this chapter and the building code in effect from time to time in the Borough. Any application for demolition shall be subject to the following regulations.

   (a)   In order for a building of historic value, as defined in the Borough of Swarthmore Zoning Code, to be demolished, one of the following two conditions must be demonstrated:

      (1)   The building is structurally unsound and cannot be stabilized in an economically feasible manner as determined by a Professional Engineer; or

      (2)   Demolition of the building will not have a substantial negative effect on the character of the Town Center.

   (b)   The Pennsylvania Historical and Museum Commission (PHMC) shall be notified of the intended demolition of a building of historic value at least thirty days prior to request for demolition. The applicant must provide documentation of notification to the PHMC.

   (c)   When considering whether to permit demolition of a building of historic value, additional consideration shall be given to the following:

      (1)   The effect that the demolition will have on the historical significance and architectural integrity of the resource itself and neighboring historic resources;

      (2)   Whether the applicant has demonstrated they have considered all alternates to demolition;

      (3)   The economic feasibility of adaptive reuse of the historic resource proposed for demolition;

      (4)   Whether there are reasonable alternatives to demolition of the resource; and

      (5)   Whether retention of the historic resource would represent an unreasonable economic hardship for the developer.

      (1)   No permit for demolition shall be approved until the applicant has received a zoning permit for a new building that demonstrates compliance with all codes of the Borough of Swarthmore. The applicant must also provide documentation to the Borough of the financial capability to begin construction of the new building within sixty days of completion of the demolitions and provide a timeline for construction.

      (2)   Notwithstanding the above, it shall not be necessary to obtain a zoning permit prior to demolition for a new building where demolition is necessitated by casualty (such as by fire or natural disaster) that was not caused by the owner of the property or when the demolition is required due to enforcement of Borough regulations, including but not limited to the Pennsylvania Uniform Construction Code (UCC) and any adopted version of the International Property Maintenance Code.

   (e)   In all cases where more than sixty days elapse between completion of demolition and start of construction of a new building, the property owner shall be required to clear all debris from the property and provide for landscape materials and grass seeding or grass sodding to provide full grass coverage of the lot. The owner shall be responsible for proper maintenance of all landscape materials until such time that new building construction begins.

(Ord. 1056. Passed 11-12-13; Ord. 4-2022. Passed 12-19-22.)

   Any applicant who seeks to change the use of a building, construct a building, construct an addition to an existing building, alter a façade, or erect a fence or wall within the Town Center (TC) Zoning District shall submit an application for a zoning permit on a form provided by the Borough. Permits for demolition must follow the conditional use application procedures outlined in Section 1264.11.

   (a)   The application shall be submitted to the Zoning Officer. The Zoning Officer shall review the application for completeness.

   (b)   The application shall include sufficient information in the form of architectural elevations and sketches of buildings in order to determine to what extent the applicant complies with the requirements of this chapter.

   (c)   If the Zoning Officer determines that the proposed use, construction or alteration complies with the requirements of the Zoning Ordinance, the Zoning Officer shall approve and issue a zoning permit to the applicant. If the Zoning Officer determines that a proposed use, construction or alteration does not comply with this Zoning Ordinance, the Zoning Officer shall reject the application for a zoning permit. In the event that the Zoning Officer determines that a proposed use, construction or alteration complies with all of the requirements of Sections 1246.02 (Permitted Uses), 1246.03 (Dimensional Standards), 1246.05 (Other Requirements), but that it does not comply with the requirements of Section 1246.04 (Design Standards), then the Zoning Officer may elect to either (i) reject the application or (ii) refer the application to the Planning Commission.

   (d)   The Planning Commission shall review any such application which is referred to it by the Zoning Officer pursuant to subsection (c) above within sixty days of receipt of the application. The purpose of the review is to advise the Zoning Officer as to whether the application complies with the intent of the Zoning Ordinance. The Planning Commission shall either recommend approval or recommend alternatives to the applicant.

   (e)   As part of the review, the Planning Commission shall consider the historic value of the building.

   (f)   The Planning Commission shall issue its written review of the application within thirty days of completing its review. If the Planning Commission does not recommend approval of the application, the applicant may resubmit the application, with revisions, and the Planning Commission shall conduct a new review. The Planning Commission shall issue its written review of the revised application and recommendation for approval or rejection within thirty days following completing its review of the revised application. The Zoning Officer shall then approve or reject the revised application no later than seven days following the expiration of the Planning Commission's thirty day period for reviewing the revised application.

(Ord. 1056. Passed 11-12-13.)