Oyster Bay City Zoning Code
§ 246-3
ESTABLISHMENT OF DISTRICTS
3.1 District classifications.
[Amended 7-22-2003 by L.L. No. 7-2003; 1-20-2004 by L.L. No. 2-2004; 9-21-2004 by L.L. No. 11-2004; 9-21-2004 by L.L. No. 12-2004; 11-9-2004 by L.L. No. 16-2004; 3-8-2005 by L.L. No. 2-2005; 2-13-2007 by L.L. No. 4-2007; 8-9-2011 by L.L. No. 2-2011; 12-18-2012 by L.L. No. 4-2012; 2-23-2021 by L.L. No. 1-2021]
The Town of Oyster Bay is hereby divided into the following districts:
Residence Districts: | |
|---|---|
R1-5A | One-Family Residence |
R1-2A | One-Family Residence |
R1-1A | One-Family Residence |
R1-20 | One-Family Residence |
R1-15 | One-Family Residence |
R1-10 | One-Family Residence |
R1-10/OHG | One-Family Residence |
R1-7 | One-Family Residence |
R1-6 | One-Family Residence |
RMF-6 | Multi-Family Residence |
RMF-10 | Multi-Family Residence |
RNG-12 | Multi-Family Next Generation Residence |
RMF-16 | Multi-Family Residence |
RPH-20 | Multi-Family Public Housing Residence |
RSC-25 | Multi-Family Senior Citizen Residence |
PUD | Planned Unit Development |
PUD/R-30 | Planned Unit Development/Residence-30 |
Nonresidence Districts: | |
|---|---|
REC | Recreation |
RO | Residence-Office |
OB | Office Building |
NB | Neighborhood Business |
GB | General Business |
WF-A | Waterfront-A |
WF-B | Waterfront-B |
ORD | Office, Research and Development |
LI | Light Industry |
Hicksville Downtown Districts: | |
|---|---|
HD-III | Downtown Residential Subdistrict |
HD-II | Downtown Gateway Transition Subdistrict |
HD-I | Downtown Core Subdistrict |
Overlay Districts: | |
|---|---|
APO | Aquifer Protection Overlay |
OBHRD | Oyster Bay Hamlet Residence Design District |
3.2 Zoning Map Establishment.
[Amended 3-8-2005 by L.L. No. 2-2005; 4-25-2006 by L.L. No. 5-2006]
The boundaries of all districts are hereby established as shown on a map entitled "Building Zone Map, Town of Oyster Bay, Nassau County, New York" dated April 25, 2006, and as amended from time to time by the Town Board and certified by the Town Clerk, which map accompanies, and with all explanatory matter thereon is made a part of, this chapter. The up-to-date Official Copy of the Building Zone Map is maintained by the Town Clerk, with copies thereof kept by the Department of Planning and Development for the use and benefit of the public. Whenever the Town Board amends the Building Zone Map, the Town Clerk shall notify the Commissioner of Planning and Development, who shall cause the amendment to be made to the Official Copy of the Building Zone Map and to the copies kept by the Department of Planning and Development and the office of the Town Clerk.
3.3 Interpretation of District Boundaries.
Where uncertainty exists as to the locations of any boundaries shown on the Zoning Map, the following rules shall apply:
3.3.1
District boundary lines are intended to follow streets, municipal boundaries, rights-of-way, railroad rights-of-way or watercourses, or to be parallel or perpendicular thereto.
3.3.2
Where district boundaries are shown approximately following streets, rights-of-way, railroad rights-of-way or watercourses, such boundaries are intended to be the centerlines thereof.
3.3.3
Where tidal lands are not shown as zoned on the Zoning Map, they shall be considered to lie within the district to which they are contiguous.
3.3.4
Where dimensions are shown on the Zoning Map between a street and a district boundary line, such dimension indicates that the district boundary line runs parallel with the street line at the distance so indicated by such dimension.
3.3.5
Where district boundary lines do not fit within the descriptions provided above, the location of any such boundary shall be determined by use of the map scale appearing thereon.
3.3.6
If the district classification of any property or portion thereof is in question, it shall be deemed to be in the most restrictive of the districts.
3.4 Order of Restrictiveness.
Where zoning districts are referred to as more restrictive or less restrictive, the designations shall refer to the order in which the districts are named in § 246-3.1, the first named being the most restrictive.
3.5 Lots in Two or More Districts or Municipalities.
3.5.1
Lots in two or more districts. Where a lot in one ownership of record is divided by one or more district boundary lines, the following shall apply:
3.5.1.1
Uses permitted in one district may not extend into another district where they would not otherwise be permitted. However, where a district boundary line divides a lot which was held in single and separate ownership since November 1, 1929, the Zoning Board of Appeals may permit the less restrictive use to extend to the whole or any part of such lot for a distance not exceeding 50 feet.
3.5.1.2
Dimensional requirements shall be those of the zoning district in which the principal building or use is located. If a principal building or use is located in more than one district then the dimensional requirements of the more restrictive district shall prevail.
3.5.1.3
Dimensional requirements shall be measured from lot lines and not zoning district boundary lines.
3.5.2
Lots in two or more municipalities. Where a lot in one ownership of record is divided by one or more municipal boundary lines, the following shall apply:
3.5.2.1
The use and dimensional requirements of the Town of Oyster Bay shall prevail for that portion of the lot located within the Town of Oyster Bay.
3.5.2.2
Where a portion of the lot not located within the Town of Oyster Bay is required to be maintained in conjunction with the Oyster Bay portion in order to meet the use or dimensional requirements applicable in the Town of Oyster Bay, a deed restriction or other suitable legal agreement which will assure such continuation to the satisfaction of the Town Attorney's office of the Town of Oyster Bay shall be required. In such case, setback requirements shall be measured from the lot line of the lot which is to be maintained and not from the municipal boundary.