PRINTER'S NO. 59
No. 60 Session of 1997
INTRODUCED BY HOLL, JANUARY 17, 1997
REFERRED TO LOCAL GOVERNMENT, JANUARY 17, 1997
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. L11L53WMB/19970S0060B0059 - 2 -