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Galman Property
Fo


               PROPOSALS  in 2011/2012 INCLUDED THE BELOW PROPOSED  ORDINANCE
                          SINCE THEN,  NEW ZONING HAS TAKEN EFFECT ( AS OF 5-17 ).
 

  The below Ordinance was proposed 11-11 for the property  next to the Fox Pavillion and near Lenox Rd .   by the developer Galman   THIS WAS A DRAFT ONLY  DATED 11-11  

NO ACTION HAS BEEN TAKEN ON THIS as of 2-12

ORDINANCE NO. ______THE TOWNSHIP OF ABINGTON

AN ORDINANCE AMENDING ORDINANCE 1753 OF THE TOWNSHIP OF ABINGTON, MONTGOMERY COUNTY, PENNSYLVANIA, KNOWN AS THE ZONING ORDINANCE OF THE TOWNSHIP OF ABINGTON, AMENDING SECTION 402, THE PLANNED BUSINESS DISTRICT, TO ADD A NEW CONDITIONAL USE, AND AMENDING SECTION 706.C TO DESIGNATE A NEW USE TO BE KNOWN AS USE C-23-A , FULL SERVICE RESTAURANT

            WHEREAS, the Board of  Commissioners of the Township of Abington has the authority pursuant to section 1502.1 of the First Class Township Code, 53 P.S. 56502.1, and section 601 of the Pennsylvania Municipalities Planning Code, 53 P.S. 10601, to enact and amend ordinances as the Board shall deem beneficial to the Township; and

            WHEREAS, the Zoning Ordinance of the Township of Abington (the “Zoning Ordinance”), establishes the Planned Business Districts, located and designed as critical focal point areas for large scale commercial activity, serving the needs of both local neighborhoods and surrounding communities and intended to accommodate a range of compatible and interdependent business activities, where users of one facility are likely to share or support the use of another facility in the district; and

            WHEREAS, the Board of Commissioners has determined that certain amendments to the Zoning Ordinance are warranted to enhance development within the Planned Business Districts.

            NOW, THEREFORE, the Board of Commissioners does hereby enact and ordain as follows:

Section 1:         Section 402, Planned Business Districts of the Zoning Ordinance, subsection 402.2.B, Use by Conditional Use Hearing, is amended to add the following conditional use:

                        C-23-A            Full Service Restaurant

Section 2:         Section 706.C, Commercial Uses, is amended to add the following use:

                        Use C-23-A:   Full Service Restaurant:  Eating place for the sale and                                               consumption of food and beverages without a drive-through facility, subject to the                      following:

                        a.         Such use shall be permitted only as part of a mixed use complex located                                                on a site consisting of ten acres or more with frontage on a four-lane                                          highway.

                        b.         Such use shall be subject to the conditions for outdoor restaurant areas for                                             Use C-23, provided that an outdoor restaurant area shall be permitted only                                           in those areas immediately adjacent to the full service restaurant that do                                      not face a residential zoning district.

                        c.         Such use may include a “full-service” restaurant, selling and/or serving for                                   eat in and take out a full line of prepared food and drinks using non-                                                disposable plates, glasses and utensils for immediate consumption on the                                       site and providing tables and chairs,       table service, available to persons of                                      all ages.  A “full-service” restaurant shall not include a drive-in or drive-                                       through facility, and shall involve providing         customers with individual                                               menus while seated at a table or counter.

                        d.         Such use shall be equipped with odor control devices, which shall be                                                        approved in advance by the Township Code Enforcement Department.  Such                                           odor control devices shall be maintained in accordance with applicable                                                Township requirements.

Section 3:         All other sections, parts and provisions of the Zoning Ordinance shall remain in full force and effect as previously enacted.

Section 4:         Severability.  The various parts, sections and clauses of this Ordinance are hereby declared to be severable.  If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby.

Section 5:         Repealer. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.

Section 6:         Effective Date. This Ordinance shall take effect on ________________.

                                                           

                                                            BOARD OF COMMISSIONERS OF

                                                            ABINGTON TOWNSHIP

 

 

                                                            By: ____________________________________

                                                                        President of the Board of Commissioners

 

Attest:

 

 

_____________________

Secretary

                       

Dated: _______________

 

 


 

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