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Oyster Bay, NY Building Setbacks & Zoning: Lot Coverage Limits (2026)

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

Key Facts

Overlay covered
Aquifer Protection Overlay (APO) District
10,000-19,999 sf lot cap
4,000 sf + 20% of excess
1-2 acre lot cap
8,830 sf + 10% of excess
Over 5 acre lot cap
23,600 sf + 6% of excess
Redevelopment exception
existing over-cap lots exempt, must minimize

Summary

Inside Oyster Bay's Aquifer Protection Overlay (APO) District, Zoning Code § 246-5.4.7.3.2 caps impervious lot coverage on larger one-family lots at a sliding scale starting near 4,000 square feet, dropping to as little as 6% of area on parcels over five acres, to protect the town's sole-source drinking water aquifer.

One-Family Residence Districts. The maximum permitted lot coverage for a residential use on a lot which has an area of 10,000 square feet or greater in a One-Family Residence District and was not legally in use for one- or two-family residence purposes as of the effective date of this amendment, shall be as follows: 10,000 to 19,999 square feet: 4,000 square feet plus 20% of lot area in excess of 10,000 square feet... Over 5 acres (over 217,800 square feet): 23,600 square feet plus 6% of lot area in excess of 5 acres.

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

4 defines LOT COVERAGE town-wide as the percentage of a lot covered by the combined area of all buildings, structures, paved areas and other impervious surfaces. The Town's numeric coverage caps by zoning district for ordinary lots sit in the Schedule of Dimensional Regulations, Attachment 18 to Chapter 246, which is not reproduced in the main code text. 7 to protect groundwater recharge into the sole-source aquifers that supply drinking water to Oyster Bay and Nassau County. 2 sets maximum permitted impervious lot coverage for a one-family residential lot of 10,000 square feet or more that was not legally in one- or two-family use as of the amendment's effective date: 4,000 square feet plus 20% of area over 10,000 square feet for lots between 10,000 and 19,999 square feet; 6,000 square feet plus 12% of the excess for 20,000 to 43,559 square feet; 8,830 square feet plus 10% of the excess for one to two acres; 13,180 square feet plus 8% of the excess for two to five acres; and 23,600 square feet plus 6% of the excess above five acres.

Multifamily or nonresidence uses on a one-acre-or-larger APO lot are capped at 22,000 square feet plus 45% of the area over one acre, or flatly at 22,000 square feet on lots under an acre. The section carves out an exception for redevelopment of an already-developed lot that already exceeds these caps: the numeric limit does not apply, but coverage must still be minimized to the maximum extent practicable. 4 caps any accessory structure at one-third of the maximum permitted building coverage of the district it sits in, and at no more than 40% of the principal building's own coverage.

Violations & Fines

Building or paving beyond the maximum permitted lot coverage set for an APO District lot under § 246-5.4.7.3.2, or beyond the coverage limits in the Schedule of Dimensional Regulations elsewhere in town, is a zoning violation enforced by the Department of Planning and Development, subject to the general Chapter 246 violation and penalty provisions and to Zoning Board of Appeals variance review.

Frequently Asked Questions

Does Oyster Bay cap how much of a lot can be covered with pavement and building?
Yes, within the Aquifer Protection Overlay District. Section 246-5.4.7.3.2 sets a sliding-scale maximum impervious lot coverage for larger one-family lots, from 4,000 square feet plus 20% of the excess area on 10,000-19,999 square-foot lots down to 6% of the excess on lots over five acres.
What counts as lot coverage under Oyster Bay's code?
Section 246-2.4 defines lot coverage as the percentage of a lot covered by the combined area of all buildings, structures, paved areas and other impervious surfaces, which is broader than just building footprint.
Where are the general lot-coverage percentages for other zoning districts?
They are set out in the Schedule of Dimensional Regulations, filed as Attachment 18 to Chapter 246, rather than printed in the main code text, so the specific cap for a given residence district depends on that attachment.

Sources & Official References

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