Upper Darby, PA Accessory Structures: ADU Rules (2026)
ADU rules in Upper Darby, PA, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.
Key Facts
- Approval type
- Special exception, Zoning Hearing Board
- Allowed structures
- Single-family detached or semidetached only
- Occupancy cap
- 2 people maximum
- Utilities
- Must share principal dwelling's sewer/water
- Driveway rule
- No new driveway if ADU is detached
- Governing section
- § 550-17B
Summary
Upper Darby allows accessory dwelling units only by special exception in single-family detached or semidetached homes, and only if the unit is physically connected to the main house or is a converted detached building keeping the same footprint. The ADU must share the principal home's sewage and water systems and is capped at two occupants.
B. Accessory dwellings. (1) The accessory dwelling unit shall be physically connected to the principal dwelling unit or shall be a converted existing detached building which maintains the same footprint. ... (3) The accessory dwelling unit may be located in a single-family detached dwelling or a single-family semidetached dwelling only. (4) The accessory dwelling unit shall share the same sewage disposal and water supply systems as the principal dwelling unit. (5) The accessory dwelling unit shall be occupied by a maximum of two people. (6) The accessory dwelling unit shall comply with the minimum space and habitable living area requirements of any applicable housing or building codes. (7) If the accessory dwelling unit is located in a detached building, the accessory dwelling unit must utilize the existing driveway for the principal dwelling on the property, and no new driveways shall be created or installed.
Full Breakdown
Section 550-17B treats accessory dwellings as a special exception use in residential districts, meaning approval requires a hearing before the Upper Darby Zoning Hearing Board rather than a routine permit. Seven conditions apply: the ADU must be physically connected to the principal dwelling or be a converted existing detached building that keeps its existing footprint; it is permitted only in a single-family detached or single-family semidetached dwelling, not in twins converted from other configurations or in multifamily buildings; it must share the same sewage disposal and water supply systems as the principal dwelling, so a separate well or septic system is not allowed; occupancy is capped at two people; the unit must meet the minimum space and habitable living area requirements of the applicable housing or building codes; and, if the ADU sits in a detached accessory building, it must use the principal dwelling's existing driveway, with no new driveway permitted.
Because this is a special exception, the applicant must also satisfy the general special exception review criteria in § 550-54J and the underlying zoning district's dimensional standards under § 550-17A, on top of the seven ADU-specific conditions. The Zoning Officer cannot issue a permit for an accessory dwelling on their own authority under § 550-53A; only the Zoning Hearing Board can grant it after a public hearing.
Violations & Fines
Constructing or occupying an accessory dwelling unit without Zoning Hearing Board approval, or in violation of any of the seven conditions in § 550-17B, is enforced under § 550-53G's civil penalty framework: up to $500 per violation plus court costs and attorney's fees before a Magisterial District Judge, with continuing daily violations after the fifth day, and appeal rights to the Delaware County Court of Common Pleas.
Frequently Asked Questions
Can I add an accessory dwelling unit to my Upper Darby home?
How many people can live in an Upper Darby accessory dwelling unit?
Can an accessory dwelling unit have its own septic system or well?
Sources & Official References
Other rules in Upper Darby
How Upper Darby compares: Easiest Cities to Build an ADU·Compare Upper Darby to another location·View the Pennsylvania accessory structures overview
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