PRIOR PRINTER'S NOS. 428, 2675 PRINTER'S NO. 3293
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 RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 11, 2002
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 "no-impact home-based business"; and further
22 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 "No-impact home-based business," a business or commercial
18 activity administered or conducted as an accessory use which is
19 clearly secondary to the use as a residential dwelling and which
20 involves no customer, client or patient traffic, whether
21 vehicular or pedestrian, pickup, delivery or removal functions
22 to or from the premises, in excess of those normally associated
23 with residential use. The business or commercial activity must
24 satisfy the following requirements:
25 (1) The business activity shall be compatible with the
26 residential use of the property and surrounding residential
27 uses.
28 (2) The business shall employ no employees other than
29 family members residing in the dwelling.
30 (3) There shall be no display or sale of retail goods
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1 and no stockpiling or inventory of a substantial nature.
2 (4) There shall be no outside appearance of a business
3 use, including, but not limited to, parking, signs or lights.
4 (5) No on-site parking of commercially identified
5 vehicles shall be permitted.
6 (6) The business activity may not use any equipment or
7 process which creates noise, vibration, glare, fumes, odors
8 or electrical or electronic interference, including
9 interference with radio or television reception, which is
10 detectable in the neighborhood.
11 (7) The business activity may not generate any solid
12 waste or sewage discharge, in volume or type, which is not
13 normally associated with residential use in the neighborhood.
14 (8) The business activity shall be conducted only within
15 the dwelling and may not occupy more than 25% of the
16 habitable floor area.
17 (9) The business may not involve any illegal activity.
18 * * *
19 Section 3. Section 603 of the act is amended by adding a
20 subsection to read:
21 Section 603. Ordinance Provisions.--* * *
22 (l) Zoning ordinances shall permit no-impact home-based
23 businesses in all residential zones of the municipality as a use
24 permitted by right, except that such permission shall not
25 supersede any deed restriction, covenant or agreement
26 restricting the use of land, nor any master deed, bylaw or other
27 document applicable to a common interest ownership community.
28 Section 4. This act shall take effect in 60 90 days. <--
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