Regular Session 2021-2022 House Bill 2286 P.N. 2674

PRINTER'S NO. 2674

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2286

Session of

2022

INTRODUCED BY PENNYCUICK, PICKETT, HAMM, ROTHMAN, N. NELSON,

R. BROWN, GILLEN AND MIZGORSKI, JANUARY 27, 2022

REFERRED TO COMMITTEE ON COMMERCE, JANUARY 27, 2022

AN ACT

Amending the act of July 31, 1968 (P.L.805, No.247), entitled

"An act to empower cities of the second class A, and third

class, boroughs, incorporated towns, townships of the first

and second classes including those within a county of the

second class and counties of the second through eighth

classes, individually or jointly, to plan their development

and to govern the same by zoning, subdivision and land

development ordinances, planned residential development and

other ordinances, by official maps, by the reservation of

certain land for future public purpose and by the acquisition

of such land; to promote the conservation of energy through

the use of planning practices and to promote the effective

utilization of renewable energy sources; providing for the

establishment of planning commissions, planning departments,

planning committees and zoning hearing boards, authorizing

them to charge fees, make inspections and hold public

hearings; providing for mediation; providing for transferable

development rights; providing for appropriations, appeals to

courts and penalties for violations; and repealing acts and

parts of acts," in general provisions, further providing for

definitions; and, in zoning, further providing for ordinance

provisions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 107(a) of the act of July 31, 1968

(P.L.805, No.247), known as the Pennsylvania Municipalities

Planning Code, is amended by adding a definition to read:

Section 107. Definitions.--(a) The following words and

phrases when used in this act shall have the meanings given to

them in this subsection unless the context clearly indicates

otherwise:

* * *

"Low-impact home-based business activity," a temporary

business or commercial activity administered or conducted as an

accessory use which is clearly secondary to the use as a

residential dwelling and which involves minimal

customer, client or patient traffic, whether vehicular or

pedestrian, pickup, delivery or removal functions to or from the

premises, in excess of those normally associated with

residential use. The business or commercial activity must

satisfy the following requirements:

(1) The business activity may not unreasonably interfere

with the residential use of the property and surrounding

residential uses.

(2) The business shall employ no more than two employees

other than family members residing in the dwelling.

(3) Retail operations shall be limited to the hours of

8:00 a.m. and 8:00 p.m.

(4) There shall be no stockpiling or inventory of a

substantial nature.

(5) Any outside appearance of a business use shall be

temporary in nature, including, but not limited to,

parking, signs or lights.

(6) The business activity may not use any equipment or

process which creates electrical or electronic interference,

including interference with radio or television reception,

which is detectable in the neighborhood.

(7) The business activity may not use any equipment or

20220HB2286PN2674 - 2 -

process which creates noise, vibration, glare, fumes or odors

in the neighborhood, except Monday through Friday between the

hours of 8:00 a.m. and 8:00 p.m.

(8) The business activity may not generate any solid

waste or sewage discharge in volume or type which is not

normally associated with residential use in the neighborhood.

(9) The business activity shall be conducted only within

the dwelling or accessory structures and the business

activity may not occupy more than 25% of the habitable floor

area of the dwelling.

(10) The business may not involve any illegal activity.

* * *

Section 2. Section 603(l) of the act is amended to read:

Section 603. Ordinance Provisions.--* * *

(l) The following shall apply:

(1) Zoning ordinances shall permit no-impact home-based

businesses in all residential zones of the municipality as a

use permitted by right and low-impact home-based business

activity in accordance with clause (2), except that such

permission shall not supersede any deed restriction, covenant

or agreement restricting the use of land nor any master deed,

bylaw or other document applicable to a common interest

ownership community.

(2) Zoning ordinances shall permit low-impact home-based

business activity to operate for a limited period of time for

any of the following reasons:

(i) A disaster emergency declared under 35 Pa.C.S. §

7301(c) (relating to general authority of Governor) or

7501(b) (relating to general authority of political

subdivisions) has rendered the operation of the business

20220HB2286PN2674 - 3 -

in its regular business location unsafe or impossible.

The low-impact home-based business activity under this

subclause shall be authorized for no longer than the

duration of the declared emergency.

(ii) Loss or damage to a regular business location

caused by a natural disaster or other form of physical

destruction that has rendered the operation of the

business in its regular business location unsafe or

impossible. The low-impact home-based business activity

under this subclause shall be authorized for a period of

time not to exceed 180 days from the date of the natural

disaster or other form of physical destruction.

(3) An owner of a business shall notify, in writing, the

municipal secretary or clerk of the governing body of the

owner's intent to use a residential dwelling for a low-impact

home-based business activity in accordance with clause (2)

prior to engaging in the low-impact home-based business

activity on the property.

(4) Nothing in this subsection shall be construed to

limit a municipality's power to regulate public nuisances.

Section 3. This act shall take effect in 60 days.

20220HB2286PN2674 - 4 -