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Oyster Bay, NY Zoning Overlays & Bonuses: Downtown Design Guide (2026)

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

Key Facts

Governing section
§ 246-5.9, added 2021
Subdistricts
HD-I, HD-II, HD-III
Design guidelines
Attachment 28 to Ch. 246
DRI grant
$10 million (2017)
Non-conforming bulk
requires ZBA area variance

Summary

The Town of Oyster Bay regulates the Hicksville Downtown (HD) District under Zoning Code § 246-5.9, adopted in 2021 after a $10 million state Downtown Revitalization Initiative grant, pairing a build-to-line/street-type bulk system with the separately maintained Hicksville Downtown Design Guidelines and Development Standards.

In 2017, the Town of Oyster Bay was the recipient of $10 million in Downtown Revitalization Initiative (DRI) funding to improve the vitality of Downtown Hicksville... Part of the implementation is the adoption of the Hicksville Downtown Zoning District regulations... The affiliated Hicksville Downtown Design Guidelines and Development Standards ("HD Design Guidelines") is a document which is available from the Town Department of Planning and Development and which will be updated periodically at the direction of the Commissioner of the Department of Planning and Development and authorization by the Town Board.

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

9 splits Downtown Hicksville into three subdistricts: HD-I Core, HD-II Gateway Transition, and HD-III Residential, replacing the former Central Business (CB) district entirely. The Town Board created the district after Hicksville won $10 million in Downtown Revitalization Initiative funding in 2017, following a community planning process that produced the Hicksville Downtown Revitalization Initiative Strategic Investment Plan. The zoning provisions work together with a companion document, the Hicksville Downtown Design Guidelines and Development Standards, which is kept on file with the Department of Planning and Development and is reproduced as Attachment 28 to Chapter 246.

That document governs building styles, architectural features and site design intended to produce a walkable, transit-oriented mixed-use area near the Hicksville train station, which handles roughly 22,000 LIRR commuters a day. 2 lets the Town Board amend the Design Guidelines by local law under Article I of the Town Code, meaning the guidelines can change without a full zoning-map amendment. 3, needs an area variance from the Zoning Board of Appeals rather than automatic denial. Subdistrict boundaries appear on the Town's official Zoning Map, Attachment 29, and the Town Board, Zoning Board of Appeals, Planning Advisory Board and Department of Planning and Development are all directed to apply both the Code and the Design Guidelines when reviewing land-use applications inside Downtown Hicksville.

Violations & Fines

A project inside the HD Subdistricts that does not meet the bulk and dimensional standards of § 246-5.9 must obtain an area variance from the Zoning Board of Appeals before a building permit or site plan can be approved; there is no by-right exception. General Chapter 246 zoning-violation enforcement and penalties apply where work proceeds without the required approval.

Frequently Asked Questions

Does the Town of Oyster Bay have a downtown design guide?
Yes, for Hicksville only. Zoning Code § 246-5.9 establishes the Hicksville Downtown (HD) District with three subdistricts, and Attachment 28, the Hicksville Downtown Design Guidelines and Development Standards, sets the building-style and site-design rules that apply within it.
Which part of town does the Hicksville Downtown District cover?
It covers the area near the Hicksville LIRR station, split into HD-I Core, HD-II Gateway Transition and HD-III Residential Subdistricts, replacing the former Central Business zoning district that used to cover that ground.
What happens if a project cannot meet the HD bulk standards?
Under § 246-5.9.3.3, the applicant must obtain an area variance from the Zoning Board of Appeals before the building permit, site plan, subdivision or special-use permit can be approved.

Sources & Official References

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