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Millcreek, PA Accessory Structures: ADU Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

ADU rules in Millcreek, PA, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.

Key Facts

Location
Only within the primary detached single-family dwelling
Owner occupancy
Required; owner's unit greater than 70% of living space
Size cap
720 square feet or 40% of total area, whichever is less
Units per house
One
Bedrooms
Two maximum
Occupants
In-laws as defined in the chapter only

Summary

In Millcreek Township, Erie County, Pennsylvania, the only accessory dwelling the code allows is an In-Law Apartment inside an owner-occupied detached single-family house. It is capped at 720 square feet or 40% of the principal dwelling's total area, whichever is less, with two bedrooms maximum and only in-laws as occupants.

B. The Dwelling in which the In-Law Apartment is being created must be owner-occupied and the Dwelling Unit occupied by the owner must be greater than 70% of the total living space, including the In-Law Apartment. Living space of the In-Law Apartment shall not exceed 720 square feet or 40% of the principal Dwelling's total area, whichever is less. For purposes of this Section, "living space" shall include all of the Dwelling's area excluding that of any garage, while "total area" shall include the garage and all other portions of the Dwelling. C. Only one In-Law Apartment is allowed within any Single-Family Dwelling, Detached. D. No more than two bedrooms shall be permitted. E. The In-Law Apartment may be located only within a primary Dwelling. ... 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

Section 145-58 of the Millcreek Township Code governs the In-Law Apartment. Under § 145-11 it is a separate living space within a Single-Family Dwelling, Detached with separate sleeping, cooking and bathroom facilities, occupied by an in-law or a member of the family unit living in the main portion of the dwelling. The house must be owner-occupied, and the dwelling unit occupied by the owner must be greater than 70% of the total living space, including the In-Law Apartment. The apartment's living space cannot exceed 720 square feet or 40% of the principal dwelling's total area, whichever is less.

For this purpose living space excludes any garage, while total area includes the garage and all other portions of the dwelling. Only one In-Law Apartment is allowed within any single-family detached dwelling, no more than two bedrooms are permitted, and the apartment can be located only within the primary dwelling. That last rule rules out a detached garage or backyard unit. Section 145-27B backs it up by barring use of an accessory structure for living space except as provided elsewhere in the chapter. Any addition or modification to the principal dwelling to create the apartment must be architecturally integrated with the principal dwelling's use as a single-family detached dwelling, and the work must meet Pennsylvania Construction Code requirements.

The section also requires the use to meet every element of the definition and any conditions imposed at all times. Occupancy or rental of the apartment by persons other than in-laws as defined in the chapter is expressly prohibited, so it cannot become a rental unit for unrelated tenants.

Violations & Fines

Renting the apartment to non-in-laws, adding a second unit or exceeding the size and bedroom limits violates § 145-58. After an Enforcement Notice under § 145-114, a finding of liability before the District Magisterial Judge carries a $500 judgment per violation plus court costs and reasonable attorney's fees. Each day can count as a separate violation, and the Zoning Hearing Board hears appeals.

Frequently Asked Questions

Can I build a garage apartment in Millcreek Township?
No. Section 145-58E allows an In-Law Apartment to be located only within a primary dwelling, and § 145-27B bars using an accessory structure for living space except as provided elsewhere in the chapter. A detached garage or backyard unit therefore does not qualify under the In-Law Apartment rules.
How large can an in-law apartment be?
Living space cannot exceed 720 square feet or 40% of the principal dwelling's total area, whichever is less. Living space excludes any garage, while total area includes the garage and all other portions of the dwelling. The apartment is also limited to no more than two bedrooms.
Can I rent the in-law apartment to a tenant?
No. Section 145-58H expressly prohibits occupancy or rental of an In-Law Apartment by persons other than in-laws as defined in Chapter 145. The § 145-11 definition covers an in-law or a member of the family unit occupying the main portion of the dwelling.
Do I have to live in the house?
Yes. The dwelling must be owner-occupied, and the dwelling unit the owner occupies must be greater than 70% of the total living space, including the In-Law Apartment. Only one In-Law Apartment is allowed within any single-family detached dwelling in Millcreek Township.

Sources & Official References

Other rules in Millcreek

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How Millcreek compares: Easiest Cities to Build an ADU·Compare Millcreek to another location·View the Pennsylvania accessory structures overview

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ADU Rules in Nearby Cities

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Erie, PA
Some Restrictions