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Millcreek, PA Accessory Structures: ADU Rental Restrictions (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 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?
Not to an unrelated tenant. Section 145-58(H) expressly prohibits occupancy or rental of an In-Law Apartment by persons other than in-laws as defined in Chapter 145. The occupant must be an in-law of, or a member of the Family unit occupying the main portion of, the Dwelling.
What is the Millcreek definition of an In-Law Apartment?
Section 145-11 defines it as a separate living space within a Single-Family Dwelling, Detached, with separate sleeping, cooking and bathroom facilities, occupied by an in-law of, in-laws of or a member of the Family unit occupying the main portion of the Dwelling. Subsection A of § 145-58 requires the unit to meet that definition at all times.
Is a short-term Airbnb stay allowed in a Millcreek In-Law Apartment?
Section 145-58 contains no short-stay allowance, and subsection H prohibits rental by anyone other than in-laws. Limited Lodging is its own use under § 145-61, with a Use Certificate renewed annually and stays of not less than two and not more than 30 consecutive nights, in a Dwelling Unit used for household living.
What is the penalty for renting an In-Law Apartment in violation of the Code?
After an Enforcement Notice, a civil enforcement proceeding before a District Magisterial Judge produces a $500 judgment for each violation plus court costs and reasonable attorney's fees under § 145-114(B). Each day the violation continues is a separate violation, unless the judge finds a good-faith basis for the owner's belief.

Sources & Official References

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