ADU · Erie County
Can you build an ADU in Orchard Park, NY?
Village of Orchard Park has 4 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 |
|---|---|---|---|---|
| R-1 Residential District | 0.344 ac | 35 / 8 / 50 ft | 35 ft | No |
| R-2 Residential District | 0.275 ac | 35 / 8 / 50 ft | 35 ft | No |
| R-3 Residential District | 0.275 ac | 35 / 8 / 50 ft | 35 ft | No |
| R-4 Residential District | 0.275 ac | 35 / 8 / 50 ft | 35 ft | No |
ADUs vs. short-term rentals in Orchard Park
Short-term rentals restricted for Village of Orchard Park. Short-term rental units are governed by Chapter 177, adopted 6-12-2023 by L.L. No. 9-2023, and require BOTH a special permit and a licence: § 177-4 limits the permitted area, § 177-5 sets special permit requirements and § 177-6 governs licence application, renewal and fee, with standards at § 177-3. The area limit and the discretionary permit together mean an STR is not available as of right. 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 Village of Orchard Park at (716) 662-9327 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 minimum0.275–0.344 ac — an ADU still has to fit the district's lot and setback envelope.
- UtilityNational Grid territory.
- Building dept(716) 662-9327
- Last reviewed2026-08-06
ADU FAQ — Orchard Park, NY
Are ADUs allowed in Orchard Park, NY?
Village of Orchard Park has 4 districts. All districts prohibit ADUs. Check your address with the free ADU checker, or confirm with the building department at (716) 662-9327.
Do I need a special permit for an ADU in Orchard Park?
No. No district in Village of Orchard Park permits an ADU, so there is no permit to apply for. Codes change, so verify with the building department at (716) 662-9327 before ruling it out.
Can I use an ADU as a short-term rental in Orchard Park?
Short-term rentals restricted for Village 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 Village 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) 662-9327 before relying on any answer. Source: Offsite / Aldo zoning dataset, municipalData.js.