Erie County
Village of Orchard Park, NY: zoning for new construction
Residential lots in the Village of Orchard Park run from a 0.2-acre minimum in Residential District up to 0.34 acres in R-1 Residential District, across 9 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) 662-9327 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 |
|---|---|---|---|---|
| R-1 Residential District | 0.34 ac | 35 / 8 / 50 ft | 35 ft | No |
| R-2 Residential District | 0.28 ac | 35 / 8 / 50 ft | 35 ft | No |
| R-3 Residential District | 0.28 ac | 35 / 8 / 50 ft | 35 ft | No |
| R-4 Residential District | 0.28 ac | 35 / 8 / 50 ft | 35 ft | No |
| Residential District | 0.2 ac | 30 / 8 / 50 ft | 35 ft | No |
| Commercial District | 0.14 ac | - / 10 / 20 ft | 35 ft | No |
| Professional-Commercial District | 0.28 ac | 15 / 8 / 50 ft | 35 ft | No |
| Industrial District | 0.46 ac | 30 / 10 / 30 ft | 35 ft | No |
| Land Conservation District | — | — | — | No |
R-1 Residential District, R-2 Residential District - The side yard shown is the smallest either side may be: the two sides must total 20 ft, taken as 8 ft and 12 ft or as 10 ft and 10 ft.
- The front setback is 35 ft or the existing building front line, whichever is greater, so on a street already built deeper the existing line governs
R-3 Residential District - Multifamily and townhouses take a different standard entirely: at least 30,000 sq ft of lot, 4,000 sq ft per dwelling unit and 150 ft of width, with 15 ft side yards, a 40 ft rear yard, a 30% coverage cap and at least 800 sq ft of livable floor area per unit.
- A two-family needs at least 15,000 sq ft of lot, 7,500 sq ft per unit and 100 ft of width
- The side yard shown is the smallest either side may be: the two sides must total 20 ft, taken as 8 ft and 12 ft or as 10 ft and 10 ft
- The front setback is 35 ft or the existing building front line, whichever is greater
R-4 Residential District - Multifamily and townhouses take a different standard entirely: at least 30,000 sq ft of lot, 4,000 sq ft per dwelling unit and 150 ft of width, with 15 ft side yards, a 40 ft rear yard, a 30% coverage cap and at least 800 sq ft of livable floor area per unit.
- A two-family needs at least 15,000 sq ft of lot, 7,500 sq ft per unit and 100 ft of width
- A non-residential special use needs at least 15,000 sq ft of lot and 100 ft of width, with the residential yards and a 35% coverage cap
- The side yard shown is the smallest either side may be: the two sides must total 20 ft, taken as 8 ft and 12 ft or as 10 ft and 10 ft
- The front setback is 35 ft or the existing building front line, whichever is greater
Residential District - The side yard shown is the smallest either side may be: the two sides must total 20 ft, taken as 8 ft and 12 ft or as 10 ft and 10 ft.
- The 30 ft front setback here is a plain figure, not a floor that the existing building line can raise
Commercial District - There is no front setback figure here: it is set as deemed appropriate upon site plan review, consistent with the surrounding structures, accommodating sidewalks and pedestrians and following the village's streetscape design requirements.
- Building footprint is capped separately from coverage at 3,500 sq ft per building without a special use permit
- A special use permit is required for any modification or new construction that results in a height of less than 22 ft, or that increases or decreases an existing structure's height by more than 10%
- A dwelling needs 600 sq ft per unit
Professional-Commercial District - This district takes the residential side yards: the two sides must total 20 ft, taken as 8 ft and 12 ft or as 10 ft and 10 ft.
- Building footprint is capped separately from coverage at 2,000 sq ft per building without a special use permit
- A special use permit is required for any modification or new construction that results in a height of less than 22 ft, or that increases or decreases an existing structure's height by more than 10%
- A dwelling needs 600 sq ft per unit
Land Conservation District - The district marks land where substantial development in the form of buildings or structures is prohibited, because of topography, drainage, floodplain or other natural conditions, or because the land lacks the facilities to be developed at reasonable cost.
- Nothing is allowed by right: parks, golf courses, athletic fields and similar uses, farming without animals, and public utilities are special uses
Short-term rentals
Short-term rentals allowed with local rules.
Good to know
- UtilityNational Grid territory.
- Zoning codeVillage of Orchard Park Zoning, Ch. 225, Schedule II, amended 6-26-2023 by L.L. No. 11-2023, with five further local laws adopted 6-22-2026.
- Building dept(716) 662-9327
- Last reviewed2026-09-10
Working out a budget? A standard-finish build here runs $204–$268/sq ft - 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?
Aldo pulls the exact zoning district, setbacks, and build feasibility for any parcel — before you buy. Enter your email to open Aldo and run your free report.
Other Erie County towns
All Erie County zoning: Buffalo (City) · Lackawanna (City) · Tonawanda (City) · Alden · Amherst · Aurora · Boston · Brant · Cheektowaga · Clarence · Colden · Collins · Concord · Eden · Elma · Evans · Grand Island · Hamburg · Holland · Lancaster · Marilla · Newstead · North Collins · Orchard Park · Sardinia · Tonawanda · Wales · West Seneca · Akron (Village) · Alden (Village) · Angola (Village) · Blasdell (Village) · Depew (Village) · East Aurora (Village) · Farnham (Village) · Gowanda (Village) · Hamburg (Village) · Kenmore (Village) · Lancaster (Village) · North Collins (Village) · Sloan (Village) · Springville (Village) · Williamsville (Village)
Zoning figures for Village of Orchard Park are compiled from the municipal code (last reviewed 2026-09-10) 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) 662-9327 before relying on any number. Source: the Offsite / Aldo zoning dataset.