The below Ordinance was proposed 11-11 for the
parking lot to the right of the Pavilion that is
rarely used . It is right next to
Lenox Rd
. 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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