Millcreek, PA Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Rental rule
- Rental to anyone other than in-laws is expressly prohibited
- Who may occupy
- An in-law, in-laws, or a member of the owner's Family unit
- Related rule
- Dwelling must be owner-occupied (§ 145-58(B))
- Size cap
- 720 square feet or 40% of total area, whichever is less
- Enforcing body
- Township Zoning Officer, then District Magisterial Judge
- Civil judgment
- $500 per violation plus costs and attorney's fees
Summary
Millcreek Township Code § 145-58(H) in Erie County, Pennsylvania expressly prohibits occupancy or rental of an In-Law Apartment by anyone other than in-laws as Chapter 145 defines them. The definition limits occupants to an in-law of, in-laws of or a member of the Family unit occupying the main portion of the Dwelling.
IN-LAW APARTMENT A separate living space within a Single-Family Dwelling, Detached consisting of separate sleeping, cooking and bathroom facilities and which is to be occupied by an in-law of, in-laws of or a member of the Family unit occupying the main portion of the Dwelling. ... § 145-58. In-Law Apartment. ... H. The occupancy or rental of an In-Law Apartment by persons other than in-laws as defined in this Chapter is expressly prohibited.
Full Breakdown
The rental bar in Millcreek Township is a single sentence in § 145-58(H): the occupancy or rental of an In-Law Apartment by persons other than in-laws as defined in Chapter 145 is expressly prohibited. The definition in § 145-11 does the work. An In-Law Apartment is a separate living space within a Single-Family Dwelling, Detached, consisting of separate sleeping, cooking and bathroom facilities, and it is to be occupied by an in-law of, in-laws of or a member of the Family unit occupying the main portion of the Dwelling. A tenant with no such family tie does not meet the definition, so leasing the unit to one is a violation of the Zoning Ordinance.
The prohibition sits beside the owner-occupancy rule in § 145-58(B). The Dwelling must be owner-occupied, and subsection A requires the use to meet every element of the definition at all times. A unit that is rented to an unrelated household fails both tests at once. The apartment is also capped at 720 square feet or 40% of the principal Dwelling's total area, whichever is less, with no more than two bedrooms and only one In-Law Apartment per Single-Family Dwelling, Detached.
The Chapter 145 district lists treat the In-Law Apartment as an Accessory Use permitted by Conditional Use in the CR, R1 and R2 districts, approved by the Board of Supervisors. Short stays are a separate regulated use. Limited Lodging under § 145-61 requires a Use Certificate renewed annually with the Township and rentals of not less than two and not more than 30 consecutive nights, and nothing in § 145-58 turns an In-Law Apartment into one.
Violations & Fines
The Township enforces § 145-58(H) under § 145-114 of the Zoning Ordinance. An Enforcement Notice goes to the owner of record, with a right to appeal to the Zoning Hearing Board. If the violation continues, a civil enforcement proceeding before a District Magisterial Judge carries a judgment of $500 for each violation plus court costs and reasonable attorney's fees. Each day of continuing violation counts separately, subject to the good-faith exception in § 145-114(B).
Frequently Asked Questions
Can I rent my In-Law Apartment to a tenant in Millcreek Township?
What is the Millcreek definition of an In-Law Apartment?
Is a short-term Airbnb stay allowed in a Millcreek In-Law Apartment?
What is the penalty for renting an In-Law Apartment in violation of the Code?
Sources & Official References
Other rules in Millcreek
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