H1976B2511A04701 DMS:EJH 06/04/24 #90 A04701
AMENDMENTS TO HOUSE BILL NO. 1976
Sponsor: REPRESENTATIVE FREEMAN
Printer's No. 2511
Amend Bill, page 1, lines 1 through 21, by striking out all
of said lines and inserting
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, providing for multiple-unit dwelling
zoning ordinances.
Amend Bill, page 1, lines 24 and 25; page 2, lines 1 through
30; page 3, lines 1 and 2; by striking out all of said lines on
said pages and inserting
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 6
SPECIAL PROVISIONS RELATING TO ORDINANCES
Sec.
601. (Reserved).
602. Multiple-unit dwelling zoning ordinances.
§ 601. (Reserved).
§ 602. Multiple-unit dwelling zoning ordinances.
(a) General rule.--A zoning ordinance of a municipality
shall allow as a permitted use by right multiple-unit dwellings
and mixed-use developments that include multiple-unit dwellings
on a parcel or lot that:
(1) has a will-serve letter from both a municipal water
system and a municipal sewer system; and
(2) is located in a commercial zone.
(b) Parking space requirements.--Zoning regulations in a
municipality may not include a requirement to provide more than:
(1) one off-street residential parking space for each
unit and accessible parking spaces as required by the
Americans with Disabilities Act of 1990 (Public Law 101-336,
104 Stat. 327); or
(2) an equivalent number of parking spaces required
under paragraph (1) provided through a shared parking
agreement.
(c) Construction.--Nothing in this section shall be
construed to preempt definitions or uses as defined in the act
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of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania
Construction Code Act.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Commercial zone." A parcel or lot zoned for office,
commercial or mixed use. The term does not include a parcel or
lot zoned for industrial, agricultural or natural conservation
use.
"Dwelling unit." A single unit providing complete
independent living facilities for one or more individuals,
including permanent facilities for cooking, eating, living,
sanitation and sleeping.
"Mixed-use development." A development consisting of
residential use in combination with assembly, business,
education or mercantile use as defined by the Pennsylvania
Construction Code Act.
"Multiple-unit dwelling." A building designed for three or
more dwelling units in which the dwelling units share a common
separation like a ceiling or wall and in which access cannot be
gained between units through an internal doorway, excluding
common hallways.
"Municipality." A city, including a city with a home rule
charter, township, borough or incorporated town.
Section 2. This act shall take effect in 180 days.
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