ADU · Erie County
Can you build an ADU in Orchard Park, NY?
Town of Orchard Park has 12 districts. All districts prohibit ADUs. Check your address to confirm the district that applies to your parcel:
What the Orchard Park code indicates by district
The table below shows how each district treats ADUs, alongside the lot and setback standards that govern a second unit. District boundaries and conditions vary, so treat this as a starting point and confirm the district that applies to your parcel.
| 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 |
ADUs vs. short-term rentals in Orchard Park
Short-term rentals allowed with local rules for Town of Orchard Park. 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. These are separate questions from whether you can build an ADU — a unit you're allowed to add isn't automatically one you're allowed to rent nightly, so check both.
Good to know
- Residential lot minimum0.275–0.918 ac — an ADU still has to fit the district's lot and setback envelope.
- UtilityNational Grid territory.
- Building dept(716) 662-6400
- Last reviewed2026-08-06
ADU FAQ — Orchard Park, NY
Are ADUs allowed in Orchard Park, NY?
Town of Orchard Park has 12 districts. All districts prohibit ADUs. Check your address with the free ADU checker, or confirm with the building department at (716) 662-6400.
Do I need a special permit for an ADU in Orchard Park?
No. No district in Town of Orchard Park permits an ADU, so there is no permit to apply for. Codes change, so verify with the building department at (716) 662-6400 before ruling it out.
Can I use an ADU as a short-term rental in Orchard Park?
Short-term rentals allowed with local rules for Town of Orchard Park. ADU occupancy and short-term-rental rules are separate: an ADU you can build isn't automatically one you can rent nightly. Confirm both before you count on STR income.
What an ADU costs to build in Orchard Park
Permission is one question and budget is another. An 800 sq ft accessory unit here runs roughly $200k–260k at a standard finish, and the per-square-foot rate comes in above a full house because the kitchen, bath, panel and heating plant cost the same either way. See the full cost to build an ADU in Orchard Park, priced by size.
More on Orchard Park: Full zoning for new construction · ADU build cost · House build cost · All Erie County towns
ADU information for Town of Orchard Park is compiled from the municipal code (last reviewed 2026-08-06) and provided for decision-support only — not legal or architectural advice. ADU eligibility, size, owner-occupancy and permit conditions vary by district and often carry exceptions; verify with the building department at (716) 662-6400 before relying on any answer. Source: Offsite / Aldo zoning dataset, municipalData.js.