HB 1459 — An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, providing for multiple-unit dwelling zoning ordinances.

PRINTER'S NO.   1712

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 1459
                                               Session of
                                                 2025

     INTRODUCED BY SIEGEL, BURGOS, WAXMAN, GIRAL, KHAN, SANCHEZ,
        DONAHUE, HADDOCK, HILL-EVANS, CIRESI, OTTEN, STEELE AND
        GREEN, MAY 13, 2025

     REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 13, 2025


                                    AN ACT
 1   Amending Title 53 (Municipalities Generally) of the Pennsylvania
 2      Consolidated Statutes, providing for multiple-unit dwelling
 3      zoning ordinances.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 53 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a chapter to read:
 8                                CHAPTER 6
 9               SPECIAL PROVISIONS RELATING TO ORDINANCES
10   Sec.
11   601.   (Reserved).
12   602.   Multiple-unit dwelling zoning ordinances.
13   § 601.   (Reserved).
14   § 602.   Multiple-unit dwelling zoning ordinances.
15      (a)   Multiple-unit dwellings.--A zoning ordinance of a
16   municipality shall allow as a permitted use by right multiple-
17   unit dwellings and mixed-use developments that include multiple-
18   unit dwellings on a parcel or lot that:
 1            (1)   has a will-serve letter from both a municipal water
 2      system and a municipal sewer system; and
 3            (2)   is located in a commercial zone.
 4      (b)   Parking space requirements.--Zoning regulations in a
 5   municipality may not include a requirement to provide more than:
 6            (1)   one off-street residential parking space for each
 7      unit and accessible parking spaces as required by the
 8      Americans with Disabilities Act of 1990 (Public Law 101-336,
 9      104 Stat. 327); or
10            (2)   an equivalent number of parking spaces required
11      under paragraph (1) provided through a shared parking
12      agreement.
13      (c)   Planning agency review.--
14            (1)   A municipality may petition the appropriate county
15      or regional planning agency to review a proposed development
16      permitted under subsection (a) and the impact a proposed
17      development will have on existing infrastructure.
18            (2)   If a petition is filed, the agency shall review the
19      petition and make a determination regarding the existing
20      infrastructure's capacity for the proposed development. The
21      agency may require the developer to make reasonable
22      improvements to the existing infrastructure as a condition of
23      allowing the development. The required improvements may only
24      be those that are necessary for upgrading the existing
25      infrastructure's capacity for the proposed development.
26      (d)   Applicability.--This section shall apply to a
27   municipality:
28            (1)   with a population over 5,000 as of the most recent
29      Federal decennial census; and
30            (2)   situated within a county that was reported to have

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 1      an increase in total population in the most recent Federal
 2      decennial census from the immediate prior Federal decennial
 3      census.
 4      (e)   Construction.--Nothing in this section shall be
 5   construed to preempt definitions or uses as defined in the act
 6   of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania
 7   Construction Code Act.
 8      (f)   Definitions.--As used in this section, the following
 9   words and phrases shall have the meanings given to them in this
10   subsection unless the context clearly indicates otherwise:
11      "Commercial zone."    A parcel or lot zoned for office,
12   commercial or mixed use. The term does not include a parcel or
13   lot zoned for industrial, agricultural or natural conservation
14   use.
15      "Dwelling unit."   A single unit providing complete
16   independent living facilities for one or more individuals,
17   including permanent facilities for cooking, eating, living,
18   sanitation and sleeping.
19      "Mixed-use development."    A development consisting of
20   residential use in combination with assembly, business,
21   education or mercantile use as defined by the Pennsylvania
22   Construction Code Act.
23      "Multiple-unit dwelling."    A building designed for three or
24   more dwelling units in which the dwelling units share a common
25   separation like a ceiling or wall and in which access cannot be
26   gained between units through an internal doorway, excluding
27   common hallways.
28      "Municipality."    A city, including a city with a home rule
29   charter, township, borough or incorporated town.
30      Section 2.   This act shall take effect in 180 days.

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