Oyster Bay, NY Accessory Structures: ADU Owner Occupancy (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.
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?
Can an owner rent both units of a parent-child residence to others in Oyster Bay?
What happens if the owner moves out of an Oyster Bay parent-child property?
Sources & Official References
Other rules in Oyster Bay
New York rules heatmap·Compare Oyster Bay to another location·View the New York accessory structures overview
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