Accessory Structures in Oyster Bay, NY (2026)
5 verified accessory structures rules for Oyster Bay, New York, sourced directly from the municipal code and official government pages.
Verified from official government sources
ADU Rules
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.
Oyster Bay Accessory Apartment Rules, RO District
Significant RestrictionsOyster Bay Code § 246-5.4.3.4
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.
ADU Owner Occupancy
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.
Oyster Bay ADU Owner-Occupancy Rule
Significant RestrictionsOyster Bay Code § 246-5.5.18.1
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.
ADU Rental Restrictions
Oyster Bay's 'parent-child residence' accessory unit is not a rental apartment: it may house only an immediate family member of the resident/owner, capped at one per lot with no more than two bedrooms, and it requires a special use permit rather than a building permit alone.
Oyster Bay Parent-Child Unit Family Limit
Significant RestrictionsOyster Bay Code § 246-5.5.18, 5.5.18.2, 5.5.18.3
5.5.18 Parent-child residences. It is the specific purpose and intent of the Town Board to provide the opportunity for the development of small dwelling units designed to meet the special housing needs of a member of the immediate family of a resident/owner. It is understood that a member of the immediate family of a resident/owner shall be deemed to be a resident/owner's spouse, child, mother,...
Shed & Carport Rules
Oyster Bay zoning caps a residential storage shed at 200 square feet and 10 feet tall, and the building code separately excuses only tool sheds or noncommercial storage buildings of 100 square feet or less from needing a building permit at all.
Oyster Bay Storage Shed Size and Permit Rules
Some RestrictionsOyster Bay Code § 246-2.4 (Storage Shed); § 93-15.A
STORAGE SHED: An accessory building on a residential property, no larger than 200 square feet in area and no taller than 10 feet in height, used exclusively by the principal use of the property for storage purposes. [Added 7-22-2003 by L.L. No. 7-2003] ... It shall be unlawful to excavate or construct, alter, remove or demolish or to commence the construction, alteration, removal or demolition ...
Garage Conversions
The Town of Oyster Bay lets homeowners convert an attached garage into habitable space, but only after a three-year wait from the garage's certificate of occupancy and only if off-street parking stays put. The rule applies townwide outside incorporated villages.
Oyster Bay Garage-to-Living-Space Conversion Rule
Some RestrictionsOyster Bay Code § 246-5.5.20.3
Conversion of garages to habitable space. In any Residence District or NB or GB Business District, an existing attached garage not erected pursuant to a variance from the Zoning Board of Appeals which has a side yard of not less than four feet, may be converted to habitable space three years subsequent to issuance of a certificate of occupancy for garage, provided the required amount of off-str...
Looking for Nassau County county-wide rules?
County ordinances apply to unincorporated areas and may supplement Oyster Bay city rules.
Accessory Structures in Nassau County →