Shaler commissioners amend zoning ordinance defining family

The Shaler board of commissioners narrowly approved a zoning ordinance amendment adjusting the definition of “family.”

Previously, the ordinance limited a property owner to having up to three unrelated disabled people occupying a residential dwelling.

The amendment, as approved at the commissioners’ regular meeting Aug. 8, allows up to six unrelated disabled individuals or another minimum number of unrelated disabled people to live in a residential neighborhood, provided that the minimum number of disabled people does not impose undue financial or administrative burdens or undue hardship on the township.

Shaler solicitor Harlan Stone introduced the amendment and recommended the commissioners adopt it.

“The trend in federal law, as we have seen it grow over the years, has been to increase that to a larger amount — that three (unrelated disabled people) seems unduly restrictive,” Stone said. “In light of that, we have had challenges to the number of three in our current ordinance.”

There has been a federal and state lawsuit filed, according to Stone.

“Because of that, we felt the right thing to do was to adjust the number of disabled people in such a way that it would be more in line with current case law in the area of federal fair housing,” he said. “We wanted to be compliant with federal law, and as the solicitor, it’s my job to see that we do that.”

The amendment passed by a 4-3 vote following a public hearing during which residents spoke both for and against the motion.

Shaler resident Joseph Manno, who said he lives across the street from a residence that houses disabled people, opposed the amendment.

“I have no problems with anybody who is disabled living anywhere. They have a right to, of course,” Manno said. “But every day, I see 20 to 25 vehicles in and out, in and out, in and out, spotlights on all the time where I have to close my blinds in my living room every single day. I’ve got alarms every week going off. I want to know what the end game is here. Are we going to allow this facility to be a business that allows eight people, 10 people, 15 people? I don’t want to live next to a business. I want to live in a residence.”

Area attorney Joe Perotti spoke in favor of the amendment.

“To a large extent, property rights are what this country is founded on,” Perotti said. “What I do have a problem with is when it becomes personal, and individuals in the community try to take advantage of residents and patients who are the most vulnerable people in our society. It’s up to state and local governments to pass legislation that promotes the general health, safety and welfare. I think this ordinance is well thought out. It’s well drafted. It looks after the most vulnerable citizens in our society.”

Stone said the amendment takes effect immediately.

In other news, the commissioners voted unanimously to ratify the garbage contract awarded in July to Westmoreland Sanitary Landfill LLC, doing business as County Hauling, the current provider and only bidder. Residents will pay $30 per month in 2024, an increase of $6.97 over the current rate.

“A great deal of effort has gone into this so that we would get the best bang for our buck plus take care of our citizens’ needs,” Commissioner David Shutter said.