Skip to main content
CityRuleLookup

Oyster Bay, NY Accessory Structures: ADU Owner Occupancy (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Owner-occupancy requirement
Owner must live in one unit
Approval type
Special use permit
Health approval condition
Nassau County Dept. of Health
Cure period before revocation
30 days from notice of violation

Summary

The property owner behind an Oyster Bay parent-child accessory unit must live on-site as their primary residence, in either the main house or the accessory unit, a condition tied directly to the special use permit for the arrangement.

5.5.18.1 The owner of the property upon which the parent-child residence is located shall occupy either the principal or accessory dwelling unit on the premises as the owner's primary residence.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4036544; v24 updated 2023-03-07; through 03-07-2023).

Full Breakdown

' The requirement means an investor or absentee owner cannot create a parent-child accessory unit and rent out both the main house and the accessory unit to others; one of the two units must be the owner's own primary home. 9, Nassau County Department of Health approval must be obtained before or as a condition of that permit unless the property already connects to public sewerage. 8 further directs the reviewing agency, when deciding whether to grant the permit, to weigh the character of the area, including exterior appearance, how many parent-child residences already exist nearby relative to one-family homes, and traffic and parking conditions.

Because the owner-occupancy condition attaches to the special use permit itself, a subsequent sale of the property to a new owner who does not intend to live on-site can jeopardize the permit's continued validity, since continued compliance with permit conditions is required to keep a certificate of occupancy in effect under § 246-6's general conformance rule.

Violations & Fines

A property owner who does not occupy either dwelling unit as a primary residence while a parent-child accessory unit is in use violates the special use permit condition in § 246-5.5.18.1; this is enforceable as a zoning violation under § 246-14.7.1 and can support revocation of the special use permit and certificate of occupancy if the violation is not cured within 30 days of a notice of violation.

Frequently Asked Questions

Must the owner live on-site with an Oyster Bay parent-child accessory unit?
Yes. Section 246-5.5.18.1 requires the property owner to occupy either the principal or accessory dwelling unit on the premises as their primary residence for as long as the parent-child arrangement exists.
Can an owner rent both units of a parent-child residence to others in Oyster Bay?
No. Because § 246-5.5.18.1 ties the special use permit to the owner living in one of the two units as a primary residence, renting out both units to unrelated tenants would violate the permit condition.
What happens if the owner moves out of an Oyster Bay parent-child property?
Continued compliance with permit conditions, including owner-occupancy, is required to keep the certificate of occupancy valid; failing to cure a resulting violation within 30 days of notice can lead to revocation of the special use permit.

Sources & Official References

Other rules in Oyster Bay

All Oyster Bay rules

New York rules heatmap·Compare Oyster Bay to another location·View the New York accessory structures overview

Get notified when ADU Owner Occupancy in Oyster Bay, NY changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.