Oyster Bay, NY Accessory Structures: ADU Rules (2026)
ADU rules in Oyster Bay, NY, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.
Key Facts
- Where allowed
- RO Residence-Office District only
- Units per lot
- Maximum one accessory apartment
- Outdoor space
- Required outdoor living area, rear yard
- Other districts
- No comparable ADU provision codified
- First offense fine
- Up to $350 or 6 months jail
Summary
An accessory apartment, the closest thing to an ADU in the Town of Oyster Bay's zoning code, is allowed only in the RO Residence-Office District, and only one per lot. Town Code § 246-5.4.3.4 also requires a dedicated outdoor living area in the rear yard for whoever lives in it.
Accessory apartment. A maximum of one accessory apartment shall be permitted on a lot in an RO District. An outdoor living area for the use of the resident(s) of the accessory apartment shall be provided in the rear yard.
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 Town of Oyster Bay's zoning code does not authorize a general accessory dwelling unit or garage apartment in its one-family residence districts. 4, one of the Additional Regulations in the RO District, the Residence-Office zone that permits combined residential and office use. There, a lot may carry a maximum of one accessory apartment, and the code requires that an outdoor living area be provided in the rear yard for the apartment's resident or residents. 2, the number of people working in an RO building at one time is capped at one person per 400 square feet of usable nonresidential floor space.
Because the accessory-apartment allowance is written into the RO District's own section rather than into the Town-wide use table, a homeowner in an ordinary one-family residence district, such as an R1-10 zone, cannot add a second dwelling unit on the strength of this section; the zoning use table lists accessory apartments as a use category without a supporting code cross-reference outside the RO District, meaning the RO rule is the only codified path to one.
Violations & Fines
Adding an accessory apartment or a second dwelling unit outside the RO District, or exceeding the one-apartment-per-lot cap inside it, is a zoning violation under § 246-14.7.1: a first offense draws a fine up to $350 or up to six months in jail, a second offense within five years $350 to $700, and a third or later offense within five years $700 to $1,000.
Frequently Asked Questions
Can I build an accessory dwelling unit on my property in Oyster Bay?
How many accessory apartments can one RO District lot have?
What is the RO District in Oyster Bay's zoning code?
Sources & Official References
Other rules in Oyster Bay
How Oyster Bay compares: Easiest Cities to Build an ADU·New York rules heatmap·Compare Oyster Bay to another location·View the New York accessory structures overview
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