Building Permit FAQ
**Please note - as of October 1, 2023 all permits for the Village of Orchard Park acquired after work has been started will be charged a $500 fee (paid by the homeowner/property owner)
The information listed in this section is intended to provide guidance in order to minimize the need for a variance. A variance may be required even if these guidelines are followed.
If a variance is required, a Zoning Board of Appeals (ZBA) application, six (6) additional copies of the site plan and six (6) additional copies of drawings/information must be submitted and an additional $150 fee paid for Planning Board and Zoning Board of Appeals review. It is suggested the Code Enforcement Official be contacted when completing the ZBA application.
Building Addition: Can be constructed in a rear yard to within 50 feet of a rear lot line or in a side yard to within 8 feet of a side lot line. If an addition is desired beyond these parameters or in a front yard, a variance is required. It is recommended that the addition be located a minimum of 10 feet away from privately owned underground utilities.
Building Alteration/Remodel: No guidelines if the building footprint does not increase.
Deck: Can be constructed in a rear yard to within 50 feet of a rear lot line or in a side yard to within 8 feet of a side lot line. If an addition is desired beyond these parameters or in a front yard, a variance is required. It is recommended that the deck be located a minimum of 10 feet away from privately owned underground utilities.
Detached Garage or Shed: Must be in a side or rear yard, 8 feet from any lot line, maximum footprint of 600sf, maximum height of 14 feet and maximum door opening height of 8 feet. It is recommended that the structure be located a minimum of 10 feet away from privately owned underground utilities.
Driveway: Must have 5 feet of asphalt at the end of driveway and a 3 foot side yard setback. A property survey and drawing is required along with the permit.
Fence: Maximum height of 4 feet in a side yard. Maximum height of 6 feet in a rear yard. If you are on a corner lot, it is advisable to contact our office at (716) 662-9327 for clarification. A fence can be placed up to but not over the property line. The property owner determines as to which side of the fence faces adjacent property.
New Dwelling Unit: Consult the Code Enforcement Official
Pool: Must be in a rear yard, 8 feet from any lot line, minimum of 3 feet away from any existing structure, and have a minimum 48" high NYS Building Code compliant pool enclosure. The pool may not be located near overhead electrical power lines per NYSEG. It is recommended that the pool be located a minimum of 10 feet away from privately owned underground utilities.
Porch: Can be constructed in a rear yard to within 50 feet of a rear lot line or in a side yard to within 8 feet of a side lot line. If a porch is desired beyond these parameters or in a front yard, a variance is required. It is recommended that the porch be located a minimum of 10 feet away from privately owned underground utilities.
