PRINTER'S NO. 104
No. 111 Session of 1999
INTRODUCED BY HOLL, JANUARY 11, 1999
REFERRED TO LOCAL GOVERNMENT, JANUARY 11, 1999
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 zoning purposes.
21 The General Assembly declares that the purpose of this act is
22 to clarify, and not to change, existing law relating to the
23 provisions of zoning ordinances.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. Section 604(4) of the act of July 31, 1968
1 (P.L.805, No.247), known as the Pennsylvania Municipalities
2 Planning Code, reenacted and amended December 21, 1988
3 (P.L.1329, No.170), is amended to read:
4 Section 604. Zoning Purposes.--The provisions of zoning
5 ordinances shall be designed:
6 * * *
7 (4) To provide for the use of land within the
8 municipality for residential housing of various dwelling
9 types encompassing all basic forms of housing, including
10 single-family and two-family dwellings, and a reasonable
11 range of multifamily dwellings in various arrangements,
12 mobile homes and mobile home parks, provided, however, that
13 no zoning ordinance shall be deemed invalid for the failure
14 to provide for any other specific dwelling type[.]; and
15 provided, further, that if a zoning ordinance provides in
16 general terms for all uses or for all residential uses within
17 a municipality or zoning district, it shall not be deemed
18 invalid for the failure to provide for any specific dwelling
19 type and the municipality shall be deemed to have provided
20 for, and there shall be permitted within the municipality or
21 zoning district, subject to such conditions as may be
22 established, all basic forms of housing not specifically
23 prohibited.
24 * * *
25 Section 2. A zoning ordinance enacted prior to the effective
26 date of this act that fails to provide for a specific dwelling
27 type shall, nevertheless, be deemed valid and binding.
28 Section 3. This act shall take effect in 60 days.
A5L53DMS/19990S0111B0104 - 2 -