HOME RULE BOROUGH OF EDINBORO

HOME RULE BOROUGH OF EDINBORO

Ordinance No. 567

AN ORDINANCE AMENDING Chapter 27 OF THE CODE OF THE BOROUGH OF EDINBORO, AND SPECIFICALLY AMENDING Part 2 “Definitions” and AMENDING BOROUGH OF EDINBORO PROPERTY MAINTENANCE CODE ORDINANCE 496 Section PM405.5 “Overcrowding”; and Section 902.0 “Definitions”.

The Home Rule Borough of Edinboro hereby ordains and enacts as follows:

SECTION 1. Ordinance 545 of the Code of the Borough of Edinboro, §27-202 definitions are hereby amended by deleting the following definition:

FAMILY: “Any number of individuals living and cooking together as a single housekeeping unit, including not more than three (3) unrelated individuals. The term “unrelated” shall include any individual who is unrelated by blood, marriage or legal adoption to any individual residing in the unit, but excludes domestic servants and minor foster children. This definition shall not apply to Regulated Rental Units occupied and licensed as Student Houses. “

SECTION 2. Ordinance 545 of the Code of the Borough of Edinboro, §27-202 definitions are hereby amended by amending the following definitions:

STUDENT HOUSE – A type of use which is a sub-group of Regulated Rental Unit. It is a living arrangement within a one or two-family dwelling, a conversion dwelling or a townhouse by persons unrelated by blood, marriage, or legal adoption, or any combination of such persons, who are attending, or about to attend undergraduate or graduate programs offered by colleges or universities, or who are on semester break, or summer break. The restrictions placed upon regulated rental units shall apply to Student Houses. The maximum number of occupants of a Student House shall be limited to three (3) persons, whether related or unrelated and must comply with the minimum area requirements established by the Property Maintenance Code.

SECTION 3. Ordinance 545 of the Code of the Borough of Edinboro, §27-202 definitions are hereby amended by adding the following definitions:

FAMILY – A family is:

A. A single person occupying a dwelling unit and maintaining a household, or

B. Two or more relatives (as defined) occupying a dwelling unit, living together and maintaining a common household, including not more than two (2) boarders or roomers; or

C. Not more than (3) unrelated persons (see definition of related) occupying a dwelling unit, living together and maintaining a common household; or

D. Permanent group homes for the disabled or family-like living arrangements for disabled persons. Any number of disabled persons may be

treated as a “family” if they are defined as handicapped or disabled under

the Fair Housing Act Amendments to the Federal Civil Rights Act. Please

note: Handicapped or disabled persons shall be those who are so designated

under the Fair Housing Amendment (1988) to the Federal Civil Rights Act

of 1968.

This definition shall not apply to any dwelling occupied as a Student House as referenced and defined in this ordinance.

RELATED/RELATIVE (as used in definition of Family) -

A relationship or condition which connects two or more persons by blood, marriage, adoption or other legally established commitment. For the purpose of this ordinance, it shall be limited to parent(s), grandparent(s), sibling(s), aunt or uncle(s), first cousin(s), niece(s) or nephew(s). Any person not connected by the specified relationship of this definition shall be considered as unrelated.

SECTION 4. Ordinance 496 Property Maintenance Code Section 405.5 “Overcrowding” is amended by adding to read:

Section PM 405.5 OVERCROWDING - All Regulated Rental Units, including Student Houses, shall be limited to 3 unrelated occupants.

SECTION 5. Ordinance 496 Property Maintenance Code Section 902.0 “Definitions” is hereby amended as follows:

Delete definition “Unrelated”

Add the following:

Student House – as defined in Section 2 above.

Family – as defined in Section 3 above.

Related/relative as defined in Section 3 above.

SECTION 6. LEGISLATIVE INTENT

Legislative Intent: Both the Property Maintenance Code and Zoning Ordinance contain conflicting language for certain definitions. Since the enactment of Zoning Amendment, Ordinance 563, the direct relationship of the Zoning Ordinance and Property Maintenance Code is more evident and the proposed amendments should provide for continuity and similar definitions. The final goal is to avoid conflicting language and, thus reduce the likelihood of the possibility of appeals and disagreements.

It is the intent and purpose of this Ordinance that the remaining terms, provisions and sections of Ordinance 545 of 2007 and Chapter 27 as well as Ordinance 496 are hereby ratified and reenacted.

DULY ORDAINED AND ENACTED this 9^th day of February, 2009, by Council of The Home Rule Borough of Edinboro, Erie County, Pennsylvania, in lawful session duly assembled.