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Oyster Bay, NY Accessory Structures: ADU Rules (2026)

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

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 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?
Only if your lot sits in the RO Residence-Office District. Section 246-5.4.3.4 permits a maximum of one accessory apartment per lot there, along with a rear-yard outdoor living area for its resident. Standard one-family residence districts like R1-10 have no comparable accessory-apartment or ADU provision in the zoning code.
How many accessory apartments can one RO District lot have?
One. Section 246-5.4.3.4 caps it at a maximum of one accessory apartment per lot in the RO District, and requires that the resident of that apartment be given a dedicated outdoor living area located specifically in the rear yard of the property, not the side or front yard.
What is the RO District in Oyster Bay's zoning code?
RO stands for Residence-Office, a district that allows combined residential and professional office use. Beyond the accessory-apartment rule in § 246-5.4.3.4, the RO District requires an 80-foot-minimum street right-of-way for rezoning under § 246-5.4.3.1 and caps on-site employment at one worker per 400 square feet of usable nonresidential floor space.

Sources & Official References

Other rules in Oyster Bay

All Oyster Bay rules

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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