The intent and purpose of the Limited Professional
Office (LPO) District is to permit the use of dwellings or vacant
ground in appropriate areas of the Borough which are in proximity
to or adjacent to residential districts of the highest classification
but which, because of exposure to heavily traveled streets or other
features of the immediate area, do not lend themselves exclusively
to residential use as the highest and best use. The limitations of
use classifications and the requirements as to Zoning Hearing Board
approval are intended to minimize the impact of such allowable uses
upon the residential district in proximity to or adjacent to such
LPO District, thereby recognizing the legitimate property interests
of owners of properties in both areas, all of which is designed to
promote the health, safety and welfare of the Borough and its people.
Permitted uses are as follows:
A.
Single-family detached dwellings.
B.
A single accessory use, as limited herein, on the
same lot with and customarily incidental to residential use. This
shall be understood to include a professional office for a surgeon,
physician, doctor of medicine or osteopathy, dentist, chiropodist
or chiropractor, accountant, architect, engineer or attorney, provided
that said professional person shall reside in the same building and
shall employ in said office not more than one nonresident professional
and one nonresident office or laboratory assistant; provided, however,
that in the event of the death or retirement of a resident professional,
a portion of said premises may be rented to another qualified professional
as long as the retired professional and/or the surviving spouse continues
to reside in the premises. In such event, the renting professional
shall enjoy the same privileges in respect to the use of the property
as if that professional resided there. Any such business or professional
office use permitted shall be restricted to the conduct of business
only during the daytime hours of 8:00 a.m. to 6:00 p.m. Any permitted,
lighted signs related to said business or professional office use
shall be illuminated only during such permitted hours of operation.
D.
Any one of the following uses, when permitted by the Zoning Hearing Board as a special exception and where there exists no accessory use as set forth in § 405-1001B above:
(1)
Business or professional office, provided that
no goods are publicly displayed for sale on the premises and that
a substantial portion of the structure and/or premises remains in
continued residential use, provided that said business or professional
person occupying the business or professional office shall reside
in the same building and shall employ in said office not more than
one nonresident business or professional person and one nonresident
secretary or assistant. "Substantial portion," as herein used, shall
mean at least 50% of all floor area within the house, including basement
and attic. Said residential portion of the house shall not be occupied
by more than one person or one family unit.
The lot area, front yard, side yard, rear yard, height limitations, sign limitations and all other restrictions pertaining to residential uses in the most restrictive residential district abutting the LPO District shall be provided. Off-street parking requirements as provided in § 405-1703 for single-family detached dwellings only shall be required except as hereinafter modified; provided, however, that in the case of properties abutting a residential district and not separated therefrom by a street or alley, a buffer strip along such abutting line shall be provided and shall be planted with such trees and/or shrubbery as, in the determination of the Zoning Officer, shall provide adequate sight and sound shielding of the professional office use for the abutting residential property. Said buffer strip shall be at least eight feet in width or the distance from the main building to the property line if the latter is less than eight feet.
A.
To accommodate a limited professional office use, as defined in § 405-1001D(1) herein, the floor area of a structure existing as of October 13, 1977, shall not be expanded by more than 15% of the floor area existing on that date. In the event of an expansion, all area and yard requirements hereinbefore set forth for the district shall be adhered to. The design of any expanded portion of the structure shall be consistent with the architectural style of the original building and with the predominant character of the abutting residential areas.
B.
In the event of new construction on a vacant lot or
on a lot where a dwelling has been removed, the design of the structure
shall be consistent with the predominant character of the abutting
residential uses and shall be residential in appearance. The plans
in that respect shall be subject to approval of the Zoning Officer,
and appeal therefrom shall be to the Zoning Hearing Board.
A.
There shall be provided, in addition to the applicable
residential parking requirements, a minimum of one off-street parking
space for every 200 square feet of space or portion thereof devoted
to any permitted nonresidential use; provided, however, that there
shall be no fewer than three off-street parking spaces furnished for
such use. In addition, there shall be provided a minimum of one off-street
parking space for every two employees of such nonresidential use,
and the parking spaces shall be paved.
B.
In the case of such new structure, the parking area
may be located in the rear yard area, at least six feet from all buildings,
at least eight feet from all streets and at least eight feet from
adjacent property lines.
C.
If the parking area is lit, the lighting intensity
shall not exceed one footcandle.
D.
Ingress and egress to the parking area shall be only
from an ordained and improved street.
In considering a special exception for any of the foregoing uses in the LPO District, the Zoning Hearing Board shall consider and determine the following, in addition to the general considerations for special exceptions set forth in § 405-2205:
A.
Whether the use will generate such amount of vehicular
traffic as to be detrimental to the peace and quiet of the adjacent
residential area.
B.
Whether the traffic expected to be generated by the
proposed use will result in noise or air pollution, glare, visual
monotony and pedestrian vehicular conflict to a degree detrimental
to the adjacent residential area or inconsistent with the establishment
of an orderly, quiet and harmonious office-residential district.
C.
Whether the proposed use will require servicing or
delivery of stocks by trucks having more than two axles.
