PRIOR PRINTER'S NO. 428 PRINTER'S NO. 2675
No. 411 Session of 2001
INTRODUCED BY ADOLPH, BARRAR, CIVERA, FLICK, MICOZZIE, RAYMOND,
ALLEN, BARD, CALTAGIRONE, L. I. COHEN, DAILEY, EGOLF,
FAIRCHILD, FRANKEL, FREEMAN, GABIG, HENNESSEY, HERMAN,
HERSHEY, HORSEY, KIRKLAND, LAUGHLIN, LEH, LYNCH, MARSICO,
ORIE, PETRONE, ROHRER, RUBLEY, SCHRODER, SEMMEL, SHANER,
SOLOBAY, STEELMAN, STEIL, E. Z. TAYLOR, TIGUE, WATSON,
C. WILLIAMS, WILT, WOJNAROSKI, YOUNGBLOOD, ZUG, COLEMAN AND
THOMAS, JANUARY 31, 2001
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 16, 2001
AN ACT
1 Amending the act of July 31, 1968 (P.L.805, No.247), entitled,
2 as amended, "An act to empower cities of the second class A,
3 and third class, boroughs, incorporated towns, townships of
4 the first and second classes including those within a county
5 of the second class and counties of the second through eighth
6 classes, individually or jointly, to plan their development
7 and to govern the same by zoning, subdivision and land
8 development ordinances, planned residential development and
9 other ordinances, by official maps, by the reservation of
10 certain land for future public purpose and by the acquisition
11 of such land; to promote the conservation of energy through
12 the use of planning practices and to promote the effective
13 utilization of renewable energy sources; providing for the
14 establishment of planning commissions, planning departments,
15 planning committees and zoning hearing boards, authorizing
16 them to charge fees, make inspections and hold public
17 hearings; providing for mediation; providing for transferable
18 development rights; providing for appropriations, appeals to
19 courts and penalties for violations; and repealing acts and
20 parts of acts," further providing for purpose of act;
21 defining "home-based business" "NO-IMPACT HOME-BASED <--
22 BUSINESS"; and further providing for ordinance provisions.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
1 Section 1. Section 105 of the act of July 31, 1968 (P.L.805,
2 No.247), known as the Pennsylvania Municipalities Planning Code,
3 amended June 22, 2000 (P.L.495, No.68), REENACTED AND AMENDED <--
4 DECEMBER 21, 1988 (P.L.1329, NO.170) AND is amended to read:
5 Section 105. Purpose of Act.--It is the intent, purpose and
6 scope of this act to protect and promote safety, health and
7 morals; to accomplish coordinated development; to provide for
8 the general welfare by guiding and protecting amenity,
9 convenience, future governmental, economic, practical, and
10 social and cultural facilities, development and growth, as well
11 as the improvement of governmental processes and functions; to
12 guide uses of land and structures, type and location of streets,
13 public grounds and other facilities; to promote the conservation
14 of energy through the use of planning practices and to promote
15 the effective utilization of renewable energy sources; to
16 promote the preservation of this Commonwealth's natural and
17 historic resources and prime agricultural land; to encourage
18 municipalities to adopt municipal or joint municipal
19 comprehensive plans generally consistent with the county
20 comprehensive plan; to promote small business development and
21 foster a business-friendly environment in this Commonwealth; to
22 ensure that municipalities adopt zoning ordinances which are
23 generally consistent with the municipality's comprehensive plan;
24 to encourage the preservation of prime agricultural land and
25 natural and historic resources through easements, transfer of
26 development rights and rezoning; to ensure that municipalities
27 enact zoning ordinances that facilitate the present and future
28 economic viability of existing agricultural operations in this
29 Commonwealth and do not prevent or impede the owner or
30 operator's need to change or expand their operations in the
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1 future in order to remain viable; to encourage the
2 revitalization of established urban centers; and to permit
3 municipalities to minimize such problems as may presently exist
4 or which may be foreseen and wherever the provisions of this act
5 promote, encourage, require or authorize governing bodies to
6 protect, preserve or conserve open land, consisting of natural
7 resources, forests and woodlands, any actions taken to protect,
8 preserve or conserve such land shall not be for the purposes of
9 precluding access for forestry.
10 Section 2. Section 107(a) of the act is amended by adding a
11 definition to read:
12 Section 107. Definitions.--(a) The following words and
13 phrases when used in this act shall have the meanings given to
14 them in this subsection unless the context clearly indicates
15 otherwise:
16 * * *
17 "Home-based business," any activity operated for pecuniary <--
18 gain in, or directed from, a residential dwelling or unit by one
19 or more family members residing within that dwelling or unit in
20 which:
21 (1) The business activity is compatible with the
22 residential use of the property and surrounding residential
23 uses.
24 (2) The business employs no employees other than family
25 members residing in the dwelling or unit.
26 (3) The number of invitees or guests who visit the
27 residential dwelling or unit is not in excess of what is
28 customary for residential use in the neighborhood. If a
29 zoning ordinance contains a provision in effect as of January
30 1, 1999, concerning the number of invitees or guests who
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1 visit a residential dwelling or unit at which a home-based
2 business is located, that provision shall remain in effect
3 after the effective date of this definition until such time
4 as it is repealed by the municipal governing body. Clients
5 and recipients of the services provided by the home-based
6 business shall be included in the calculation of the number
7 of invitees or guests who visit a residential dwelling or
8 unit at which a home-based business is located, but persons
9 who provide services to the home-based business, including,
10 but not limited to, persons who pick up and deliver items to
11 the home-based business, shall not be included in the
12 calculation.
13 (4) There is no outside appearance of a business use,
14 including, but not limited to, parking, signs, lights or the
15 volume of deliveries or truck and other vehicular traffic is
16 not in excess of what is normally associated with residential
17 use in the neighborhood.
18 (5) The business activity uses no equipment or process
19 that creates noise, vibration, glare, fumes, odors or
20 electrical or electronic interference, including interference
21 with radio or television reception, that is detectable by any
22 neighbors.
23 (6) The business activity does not generate any solid
24 waste or sewage discharge, in volume or type, which is not
25 normally associated with residential use in the neighborhood.
26 (7) The business does not involve any illegal activity.
27 Section 3. Section 603 of the act is amended by adding a
28 subsection to read:
29 Section 603. Ordinance Provisions.--* * *
30 (l) Zoning ordinances may regulate home-based businesses and
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1 may include conditions on the operation of home-based
2 businesses, provided that the following requirements are
3 satisfied:
4 (1) the provisions are not unreasonably restrictive;
5 (2) the provisions do not require a use variance for
6 home-based businesses;
7 (3) the provisions permit home-based businesses in all
8 residential zones of the municipality; and
9 (4) the provisions, if applied to a dwelling unit which
10 is part of a common interest ownership community, do not
11 supersede any deed restriction, covenant, agreement, master
12 deed, by-laws or other documents that prohibit a home-based
13 business.
14 "NO-IMPACT HOME-BASED BUSINESS," A BUSINESS OR COMMERCIAL <--
15 ACTIVITY ADMINISTERED OR CONDUCTED AS AN ACCESSORY USE WHICH IS
16 CLEARLY SECONDARY TO THE USE AS A RESIDENTIAL DWELLING AND WHICH
17 INVOLVES NO CUSTOMER, CLIENT OR PATIENT TRAFFIC, WHETHER
18 VEHICULAR OR PEDESTRIAN, PICKUP, DELIVERY OR REMOVAL FUNCTIONS
19 TO OR FROM THE PREMISES, IN EXCESS OF THOSE NORMALLY ASSOCIATED
20 WITH RESIDENTIAL USE. THE BUSINESS OR COMMERCIAL ACTIVITY MUST
21 SATISFY THE FOLLOWING REQUIREMENTS:
22 (1) THE BUSINESS ACTIVITY SHALL BE COMPATIBLE WITH THE
23 RESIDENTIAL USE OF THE PROPERTY AND SURROUNDING RESIDENTIAL
24 USES.
25 (2) THE BUSINESS SHALL EMPLOY NO EMPLOYEES OTHER THAN
26 FAMILY MEMBERS RESIDING IN THE DWELLING.
27 (3) THERE SHALL BE NO DISPLAY OR SALE OF RETAIL GOODS
28 AND NO STOCKPILING OR INVENTORY OF A SUBSTANTIAL NATURE.
29 (4) THERE SHALL BE NO OUTSIDE APPEARANCE OF A BUSINESS
30 USE, INCLUDING, BUT NOT LIMITED TO, PARKING, SIGNS OR LIGHTS.
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1 (5) NO ON-SITE PARKING OF COMMERCIALLY IDENTIFIED
2 VEHICLES SHALL BE PERMITTED.
3 (6) THE BUSINESS ACTIVITY MAY NOT USE ANY EQUIPMENT OR
4 PROCESS WHICH CREATES NOISE, VIBRATION, GLARE, FUMES, ODORS
5 OR ELECTRICAL OR ELECTRONIC INTERFERENCE, INCLUDING
6 INTERFERENCE WITH RADIO OR TELEVISION RECEPTION, WHICH IS
7 DETECTABLE IN THE NEIGHBORHOOD.
8 (7) THE BUSINESS ACTIVITY MAY NOT GENERATE ANY SOLID
9 WASTE OR SEWAGE DISCHARGE, IN VOLUME OR TYPE, WHICH IS NOT
10 NORMALLY ASSOCIATED WITH RESIDENTIAL USE IN THE NEIGHBORHOOD.
11 (8) THE BUSINESS ACTIVITY SHALL BE CONDUCTED ONLY WITHIN
12 THE DWELLING AND MAY NOT OCCUPY MORE THAN 25% OF THE
13 HABITABLE FLOOR AREA.
14 (9) THE BUSINESS MAY NOT INVOLVE ANY ILLEGAL ACTIVITY.
15 * * *
16 SECTION 3. SECTION 603 OF THE ACT IS AMENDED BY ADDING A
17 SUBSECTION TO READ:
18 SECTION 603. ORDINANCE PROVISIONS.--* * *
19 (L) ZONING ORDINANCES SHALL PERMIT NO-IMPACT HOME-BASED
20 BUSINESSES IN ALL RESIDENTIAL ZONES OF THE MUNICIPALITY AS A USE
21 PERMITTED BY RIGHT, EXCEPT THAT SUCH PERMISSION SHALL NOT
22 SUPERSEDE ANY DEED RESTRICTION, COVENANT OR AGREEMENT
23 RESTRICTING THE USE OF LAND, NOR ANY MASTER DEED, BYLAW OR OTHER
24 DOCUMENT APPLICABLE TO A COMMON INTEREST OWNERSHIP COMMUNITY.
25 Section 4. This act shall take effect in 60 days.
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