Aldo

Erie County

Town of Orchard Park, NY: zoning for new construction

12 districts Min residential lot 0.275–0.918 ac National Grid

Residential lots in the Town of Orchard Park run from a 0.275-acre minimum in Residential District R-4 up to 0.918 acres in Agricultural District, across 12 zoning districts in all. Short-term rentals allowed with local rules. Power here is National Grid territory. The district table below has the setbacks, height limits and coverage - confirm the specifics with the building department at (716) 662-6400 before you rely on a figure.

Looking specifically at an accessory dwelling unit? See ADU rules for Orchard Park →

Zoning districts

District Min lot Setbacks F / S / R Max height ADU
Agricultural District 0.918 ac 50 / 20 / 50 ft 35 ft No
Residential District R-1 0.459 ac 50 / 15 / 50 ft 35 ft No
Residential District R-2 0.344 ac 40 / 10 / 40 ft 35 ft No
Residential District R-3 0.31 ac 30 / 10 / 40 ft 35 ft No
Residential District R-4 0.275 ac 30 / 10 / 40 ft 35 ft No
Commercial District B-1 20 ac 50 / - / 20 ft 35 ft No
Commercial District B-2 50 / - / 20 ft 35 ft No
Commercial District B-3 50 / - / 20 ft 35 ft No
Commercial District B-4 50 / - / 20 ft 35 ft No
Industrial District I-1 0.918 ac 50 / - / 20 ft 40 ft No
Development and Research District 1 ac 50 / 20 / 20 ft 35 ft No
Stadium Mixed-Use District 0.275 ac 40 / 15 / 40 ft 35 ft No

Short-term rentals

Short-term rentals allowed with local rules. Short-term rentals are a regulated ACCESSORY USE under § 144-30F(2) of Zoning Chapter 144, and the definition carries an owner-residency requirement that decides most investor cases: OWNER is defined as 'the permanent resident of the dwelling' holding legal or equitable title, or an authorised agent. Offering the dwelling on short-term rental websites creates a presumption of the use. Note the Village of Orchard Park is a separate jurisdiction with its own Chapter 177. New York State's 2025 short-term rental registry (Ch. 99 of the Laws of 2025) separately requires every host statewide to register the unit regardless of local law. Confirm with Town of Orchard Park at (716) 662-6400 before listing.

Good to know

Working out a budget? A standard-finish build here runs $204–$268/sq ft , and a conforming lot adds about $3,199 on top - see the full cost to build a house in Orchard Park, or what an ADU costs here.

Sizing up a specific parcel in Orchard Park?

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Other Erie County towns

Zoning figures for Town of Orchard Park are compiled from the municipal code (last reviewed 2026-08-06) and provided for decision-support only - not legal, engineering, or architectural advice. Setback and dimensional standards often carry conditions and exceptions; verify with the building department at (716) 662-6400 before relying on any number. Source: Offsite / Aldo zoning dataset, municipalData.js.

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