How Erie Handles Accessory Structures: A Practical Guide

Erie maintains 104 local ordinances across all categories, and 5 of those deal specifically with accessory structures. Here is a breakdown of what the city actually requires, what is prohibited, and where Erie falls on the strict-to-permissive spectrum compared to other cities.

ADU Rules

Erie added accessory dwelling units to its zoning code by Ordinance No. 52-2024 (passed 9-18-2024), defining an ADU as a single dwelling unit secondary to the principal dwelling and recognizing interior, attached and detached types. The city's earlier zoning ordinance had no ADU category.

Key details: Enabling Ordinance: Ord. No. 52-2024 (passed 9-18-2024). ADU Types: Interior, attached, detached. Detached accessory cap: 720 sq ft / 15 ft in 'R' districts (Sec. 205.18).

Establishing an ADU without the required zoning and building permits is a zoning violation; under Zoning Ordinance Sec. 403, the city may bring a civil enforcement action carrying a judgment of up to $500 per day plus court costs and attorney fees. Verify current requirements with the Zoning Office at (814) 870-1265.

Garage Conversions

Erie defines a private garage as an accessory building used only to store the occupants' vehicles and personal effects, not for commercial use or outside auto repair. Converting a garage to living space changes its use and triggers zoning review and a building permit; a garage may also host an ADU under Ordinance No. 52-2024.

Key details: Definition Source: Zoning Ordinance - 'Garage, Private'. Compliance Section: Sec. 103 (conversion requires permits). ADU pathway: Interior/detached ADU (Ord. 52-2024).

Converting or using a garage in violation of the ordinance (for example, as unpermitted living quarters or for commercial repairs) is enforceable under Sec. 403 by a civil action with a judgment up to $500 per day plus court costs and attorney fees, with each day a separate violation.

Shed Rules

In Erie's 'R' districts a detached accessory building (shed) must sit in the side or rear yard, at least 6 ft from any dwelling or alley and 3 ft from side/rear lot lines, and may be no larger than 720 sq ft or 15 ft tall. Sheds 100 sq ft or smaller are exempt from setback and lot-coverage limits, and under PA state law a shed under 1,000 sq ft accessory to a one-family home needs no state building permit.

Key details: Code Section: Zoning Ordinance Sec. 205.18. Max size / height: 720 sq ft / 15 ft ('R' districts). Setbacks: 6 ft from dwelling/alley, 3 ft from side/rear line. Small-shed exemption: 100 sq ft or less (zoning); 1,000 sq ft (PA UCC).

A non-compliant shed must be relocated, reduced in size, or removed to meet the side/rear-yard and setback rules. Zoning violations are enforced under Sec. 403 by civil action with a judgment up to $500 per day plus costs and attorney fees.

ADU Impact Fees

Pennsylvania municipalities have limited statutory authority to impose impact fees on new development. Under the Municipalities Planning Code Article V-A (53 P.S. §§10502-A through 10503-A), the only authorized impact fee is a transportation impact fee, and even that requires a multi-year traffic study, an adopted impact fee ordinance, and impact-fee districts. Erie has not adopted a transportation impact fee ordinance under Article V-A as of mid-2024. Other typical "impact" charges (water/sewer connection fees, school district contributions, recreation fees) operate under separate authorities. ADU applicants in Erie generally face only standard zoning and building permit fees, water/sewer tap-in charges through Erie Water Works and the Erie Sewer Authority, and any school district enrollment-related charges if dwelling-unit count increases.

Key details: PA Impact Fee Authority: Transportation only (Act 209 of 1990). Erie Transportation Fee: Not enacted as of 2024. Water/Sewer Tap-In: Authority Act (53 Pa.C.S. 5601+). School Impact Fees: Not authorized in PA. Recreation Fee-in-Lieu: Per 53 P.S. §10503(11), subdivisions.

Failure to pay required permit and tap-in fees prevents permit issuance and Certificate of Occupancy under PA UCC §110. Municipalities that attempt to collect unauthorized impact fees outside the 53 P.S. §10502-A framework face challenge under the Home Builders Association of Metropolitan Pittsburgh v. West Deer Township line of cases interpreting MPC limits on municipal exactions. Fees collected without statutory authority are subject to refund.

If you are coming from a city with tighter rules, you will find Erie gives residents more flexibility on adu impact fees.

ADU Permits

An accessory dwelling unit in Erie requires permits from two municipal offices: a zoning permit from the Erie Department of Planning and Neighborhood Resources (confirming the ADU is permitted in the district under the Erie Zoning Ordinance, either by right or by special exception/variance through the Erie Zoning Hearing Board) and a building permit from the Erie Building Code Official under the Pennsylvania Uniform Construction Code at 34 Pa Code §401.7 for the construction itself. Pennsylvania has no statewide ADU preemption like California's SB 9 or Oregon's HB 2001, so timelines, fees, and approval criteria are set by Erie and the PA UCC.

Key details: Permit Tracks: Zoning + Building (both required). Building Permit Authority: PA UCC 34 Pa Code §401.7. Hearing Board Notice: 10-day published (53 P.S. §10908). Variance Standard: Five-prong hardship (53 P.S. §10910.2). Inspections: Footing, framing, rough-in, final.

Constructing an ADU without permits violates 34 Pa Code §401.7 (building) and the Erie Zoning Ordinance (zoning). Enforcement under 53 P.S. §10617 (notice of violation) and §10617.2 (civil penalty up to $500 per day) by Erie Planning and Neighborhood Resources. Stop-work orders from the Building Code Official under PA UCC §403.65. After-the-fact permits typically carry doubled fees and require the applicant to demonstrate code compliance through invasive inspections. Unpermitted occupancy without a Certificate of Occupancy is also a violation.

The Bottom Line

Erie's accessory structures rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Erie is broadly strict or permissive.

This guide is based on Erie's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.