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

Bill Text

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
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, providing for multiple-unit dwelling
zoning ordinances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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) Multiple-unit dwellings.--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:
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(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) Planning agency review.--
(1) A municipality may petition the appropriate county
or regional planning agency to review a proposed development
permitted under subsection (a) and the impact a proposed
development will have on existing infrastructure.
(2) If a petition is filed, the agency shall review the
petition and make a determination regarding the existing
infrastructure's capacity for the proposed development. The
agency may require the developer to make reasonable
improvements to the existing infrastructure as a condition of
allowing the development. The required improvements may only
be those that are necessary for upgrading the existing
infrastructure's capacity for the proposed development.
(d) Applicability.--This section shall apply to a
municipality:
(1) with a population over 5,000 as of the most recent
Federal decennial census; and
(2) situated within a county that was reported to have
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an increase in total population in the most recent Federal
decennial census from the immediate prior Federal decennial
census.
(e) Construction.--Nothing in this section shall be
construed to preempt definitions or uses as defined in the act
of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania
Construction Code Act.
(f) 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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