PRINTER'S NO. 2848
No. 2185 Session of 2000
INTRODUCED BY ADOLPH, MICOZZIE, FLICK, ALLEN, FICHTER, FORCIER,
FREEMAN, HARHART, HENNESSEY, HERMAN, HERSHEY, LEH, LYNCH,
PHILLIPS, ROHRER, RUBLEY, STEELMAN, STEIL, E. Z. TAYLOR,
TIGUE, WILLIAMS, WILT AND WOJNAROSKI, JANUARY 20, 2000
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JANUARY 20, 2000
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"; and further providing for
22 ordinance provisions.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Section 105 of the act of July 31, 1968 (P.L.805,
26 No.247), known as the Pennsylvania Municipalities Planning Code,
27 is amended to read:
1 Section 105. Purpose of Act.--It is the intent, purpose and
2 scope of this act to protect and promote safety, health and
3 morals; to accomplish coordinated development; to provide for
4 the general welfare by guiding and protecting amenity,
5 convenience, future governmental, economic, practical, and
6 social and cultural facilities, development and growth, as well
7 as the improvement of governmental processes and functions; to
8 guide uses of land and structures, type and location of streets,
9 public grounds and other facilities; to promote the conservation
10 of energy through the use of planning practices and to promote
11 the effective utilization of renewable energy sources; and to
12 permit municipalities to minimize such problems as may presently
13 exist or which may be foreseen and to promote small business
14 development and foster a business-friendly environment in this
15 Commonwealth.
16 Section 2. Section 107(a) of the act is amended by adding a
17 definition to read:
18 Section 107. Definitions.--(a) The following words and
19 phrases when used in this act shall have the meanings given to
20 them in this subsection unless the context clearly indicates
21 otherwise:
22 * * *
23 "Home-based business," any activity operated for pecuniary
24 gain in, or directed from, a residential dwelling or unit by one
25 or more family members residing within that dwelling or unit in
26 which:
27 (1) The business activity is compatible with the
28 residential use of the property and surrounding residential
29 uses.
30 (2) The business employs no employees other than family
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1 members residing in the dwelling or unit.
2 (3) The volume of invitees or guests who visit the
3 residential dwelling or unit is not in excess of what is
4 customary for residential use in the neighborhood. If a
5 zoning ordinance contains a provision in effect as of January
6 1, 1999, concerning the volume of invitees or guests who
7 visit a residential dwelling or unit at which a home-based
8 business is located, that provision shall remain in effect
9 after the effective date of this definition until such time
10 as it is repealed by the municipal governing body. Clients
11 and recipients of the services provided by the home-based
12 business shall be included in the calculation of the volume
13 of invitees or guests who visit a residential dwelling or
14 unit at which a home-based business is located, but persons
15 who provide services to the home-based business, including,
16 but not limited to, persons who pick up and deliver items to
17 the home-based business, shall not be included in the
18 calculation.
19 (4) There is no outside appearance of a business use,
20 including, but not limited to, parking, signs, lights or the
21 volume of deliveries or truck and other vehicular traffic is
22 not in excess of what is normally associated with residential
23 use in the neighborhood.
24 (5) The business activity uses no equipment or process
25 that creates noise, vibration, glare, fumes, odors or
26 electrical or electronic interference, including interference
27 with radio or television reception, that is detectable by any
28 neighbors.
29 (6) The business activity does not generate any solid
30 waste or sewage discharge, in volume or type, which is not
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1 normally associated with residential use in the neighborhood.
2 (7) The business does not involve any illegal activity.
3 Section 3. Section 603 of the act is amended by adding a
4 subsection to read:
5 Section 603. Ordinance Provisions.--* * *
6 (g) Zoning ordinances may regulate home-based businesses and
7 may include conditions on the operation of home-based
8 businesses, provided that the following requirements are
9 satisfied:
10 (1) the provisions are not unreasonably restrictive;
11 (2) the provisions do not require a use variance for
12 home-based businesses;
13 (3) the provisions permit home-based businesses in all
14 residential zones of the municipality; and
15 (4) the provisions, if applied to a dwelling unit which
16 is part of a common interest ownership community, do not
17 supersede any deed restriction, covenant, agreement, master
18 deed, by-laws or other documents that prohibit a home-based
19 business.
20 Section 4. This act shall take effect in 60 days.
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