How Scranton Handles Accessory Structures: A Practical Guide

Scranton maintains 100 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 Scranton falls on the strict-to-permissive spectrum compared to other cities.

ADU Rules

Scranton is a Home Rule city in Lackawanna County (population approximately 76,000) operating under a Home Rule Charter adopted in 1976 pursuant to Pennsylvania Act 62 of 1972 (the PA Home Rule Charter and Optional Plans Law). The Scranton Zoning Ordinance is maintained as a separate document from the codified Scranton Code on eCode360 at https://ecode360.com/SC1148; the last comprehensive zoning amendment dates from approximately 2015. Pennsylvania has no statewide accessory dwelling unit preemption statute, so ADU permissibility, density, owner-occupancy requirements, and design standards in Scranton are determined entirely by the Scranton Zoning Ordinance under the Pennsylvania Municipalities Planning Code (53 P.S. §10101 et seq.). Property owners must consult the Zoning Ordinance and the Scranton Department of Licensing, Inspections and Permits (LIP) for whether ADUs (variously called accessory apartments, in-law suites, or second dwelling units) are permitted by right, by special exception, or by conditional use in the applicable residential district.

Key details: State ADU Preemption: None (locally controlled). Local Authority: Scranton Zoning Ordinance. Enabling Statute: PA MPC 53 P.S. §10101+. Building Code: PA UCC (34 Pa Code 401+). Review Body: Scranton Zoning Hearing Board.

Building or occupying an unpermitted ADU is a zoning violation enforceable under 53 P.S. §10617 (enforcement remedies). Scranton's Department of Licensing, Inspections and Permits may issue a notice of violation, a cease-and-desist order, and seek civil penalties up to $500 per day per violation under 53 P.S. §10617.2. Continuing violations are treated as separate offenses. Unpermitted construction additionally violates the Pennsylvania UCC (34 Pa Code §401.7) and can result in stop-work orders from the Scranton Building Code Official.

Shed Rules

Sheds and similar accessory structures in Scranton are regulated through two layers: (1) the Scranton Zoning Ordinance, which sets dimensional standards (size, height, setbacks, lot coverage, location relative to the principal dwelling) by district; and (2) the Pennsylvania Uniform Construction Code at 34 Pa Code §403.1, which exempts non-residential utility sheds under 1,000 square feet from UCC permitting but does not exempt them from local zoning compliance. Scranton property owners typically need a zoning permit from the Department of Licensing, Inspections and Permits even when no building permit is required, especially on Scranton's older narrow lots in the Hill Section, West Scranton, and Green Ridge neighborhoods where rear-yard space is constrained.

Key details: UCC Permit Exemption: Generally <1,000 sq ft (34 Pa Code 403.1). Zoning Permit: Still required for most sheds. Typical Location: Rear yard, behind front building line. Setbacks: Set by district (commonly 3-5 ft). Civil Penalty: Up to $500/day (53 P.S. 10617.2).

Installing a shed without a required zoning permit is a violation of the Scranton Zoning Ordinance enforceable under 53 P.S. §10617 (notice of violation, cease-and-desist) and §10617.2 (civil penalty up to $500 per day per violation). Unpermitted sheds in setbacks or exceeding lot coverage may be ordered removed. Sheds over the UCC threshold built without a building permit additionally violate 34 Pa Code §401.7 and trigger stop-work orders.

Garage Conversions

Converting a Scranton garage into habitable space (a bedroom, in-law suite, home office, or ADU) requires both (1) zoning approval under the Scranton Zoning Ordinance for the change of use (because the converted space is no longer accessory parking and may count toward floor area or trigger an ADU classification) and (2) a building permit under the Pennsylvania Uniform Construction Code at 34 Pa Code §401.7. Conversions must meet the 2018 International Residential Code for habitable spaces (egress windows under IRC R310, ceiling height under IRC R305, ventilation, smoke and CO alarms under IRC R314/R315), and Scranton's local off-street parking minimums in the Zoning Ordinance must still be satisfied.

Key details: PA Building Code: PA UCC (2018 IRC/IBC adopted). Egress Standard: IRC R310 (5.7 sq ft minimum). Ceiling Height: IRC R305 (7 ft habitable rooms). Smoke/CO Alarms: IRC R314/R315. Zoning Review: Change-of-use approval required.

Performing a garage conversion without a permit violates 34 Pa Code §401.7 (PA UCC) and the Scranton Zoning Ordinance. Enforcement includes stop-work orders, requirement to undo the conversion or obtain after-the-fact permits with elevated fees, and civil penalties up to $500 per day under 53 P.S. §10617.2 for the zoning violation. Unpermitted habitable conversions that fail to meet IRC R310 egress are commonly cited in fire-injury cases and may expose the owner to liability. Properties with reduced parking below the zoning minimum may also be cited.

ADU Permits

An accessory dwelling unit in Scranton requires permits from two municipal offices: a zoning permit from the Scranton Department of Licensing, Inspections and Permits (LIP) confirming the ADU is permitted in the district under the Scranton Zoning Ordinance, either by right or by special exception/variance through the Scranton Zoning Hearing Board, and a building permit from the Scranton 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 Scranton 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 Scranton Zoning Ordinance (zoning). Enforcement under 53 P.S. §10617 (notice of violation) and §10617.2 (civil penalty up to $500 per day) by Scranton LIP. 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.

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. Scranton 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 Scranton generally face only standard zoning and building permit fees, water/sewer tap-in charges through Pennsylvania American Water and the Scranton Sewer Authority (now part of Pennsylvania American Water following the 2016 acquisition), and any school district enrollment-related charges if dwelling-unit count increases.

Key details: PA Impact Fee Authority: Transportation only (Act 209 of 1990). Scranton 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.

The rules around adu impact fees in Scranton lean permissive, but that does not mean anything goes.

The Bottom Line

Scranton'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 Scranton is broadly strict or permissive.

All of the above reflects Scranton's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.