Town of Oyster Bay, NY § 246-4 GENERAL REGULATIONS

4.1 Application of Regulations.

4.1.1 Conformity required. No structure shall be erected, constructed, moved, altered, rebuilt or enlarged, nor shall any property be used, designed or arranged to be used, for any purpose except in conformity with this chapter.

4.1.2 Minimum requirements. In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements necessary for the protection and promotion of the public health, safety, morals, comfort, convenience and general welfare.

4.1.3 Conflicting standards. Where this chapter imposes a different restriction upon the use of property, or upon the erection, construction, establishment, movement, alteration or enlargement of buildings or other structures, than are imposed by other applicable codes, rules, regulations, licenses, certificates, easements, covenants, agreements or other authorizations, the more restrictive requirements shall prevail.

4.1.4 Governmental uses.

4.1.4.1 Applicability to municipal uses. This chapter shall not apply to or affect any structure or premises which shall or may be erected, altered or used by the Town of Oyster Bay for any municipal purposes, including municipal purposes of special purpose districts, subject to Town Board approval. No public hearing shall be required.

4.1.4.2 Applicability to uses of other governmental agencies. Uses of federal, state or county governmental agencies, or special purpose districts thereof, are subject to Town Board approval based on the special use permit standards of § 9.4 of this chapter and such other standards as may be determined appropriate by the Town Board. No public hearing shall be required.

4.2 Nonconforming Uses and Other Nonconformities.

4.2.1 Continuing existing uses, buildings and structures.

4.2.1.1 Except as otherwise provided herein, the lawfully permitted use of property and the lawfully permitted existence of buildings and structures at the time of adoption of this chapter may be continued although such use, building or structure does not conform to the standards specified in this chapter for the district in which such property, building or structure is located. Similarly, whenever a zoning district classification or the restrictions effecting property within any zoning district shall be changed hereafter so as to render nonconforming a use, building or structure then presently lawfully existing, such use, building or structure may nevertheless be continued, subject to the conditions set forth below. Said uses shall be deemed nonconforming uses and said buildings and structures shall be deemed dimensionally nonconforming.

4.2.1.2 Notwithstanding the above, any one- or two-family dwelling located in any nonresidential district which was lawfully existing on the effective date of this amendment, shall be considered to be a conforming use and may continue to be used, expanded and altered in accordance with the requirements of the R1-6 District.

[Amended 7-22-2003 by L.L. No. 7-2003]

4.2.1.3 Any use in existence as of the effective date of this chapter which by this chapter is made a special permit use in the district in which it is located shall be presumed to have a special use permit to the extent such use is then legally conforming.

4.2.2 Nonconforming use of land, buildings and structures.

4.2.2.1 Any legal nonconforming use of land may be continued; provided, however, that no such use shall be enlarged or intensified, nor shall it be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this chapter, unless specifically allowed by other provisions in this chapter, nor shall any such nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this chapter. Any change in use on a parcel of land on which a nonconforming use is located and will be continued, either in whole or in part, shall require Zoning Board of Appeals approval unless a Town Board special use permit is required, in which case Town Board approval shall be required.

[Amended 9-13-2005 by L.L. No. 6-2005[1]]

[1] Editor's Note: This local law provided that where its requirements impose a different restriction or requirement than imposed by other sections of the Town Code, the Town Law of New York State, or other applicable rules or regulations, the requirements of this local law would prevail.

4.2.2.2 A building or structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged, extended or altered structurally unless the use therein is changed to a conforming use, except those repairs or modifications as may be determined necessary by the Department of Planning and Development to either correct an unsafe condition or to conform to the requirements of other applicable laws or ordinances.

4.2.2.3 No nonconforming use of a building or structure shall be enlarged or extended, except that any such nonconforming use may be extended throughout any parts of a building or structure which were obviously or manifestly arranged or designed only for such use at the time of the adoption of this chapter.

4.2.2.4 No nonconforming use shall be changed to another nonconforming use, except as provided herein.

4.2.2.5 If a nonconforming use ceases for any reason for a period of one year, or is changed to a conforming use, then any future use of the land, building or structure shall be in conformity with the provisions of this chapter. Substantial cessation of activities consistent with or required for the operation of such nonconforming use, or substantial vacancy of the building or structure in which the nonconforming use, was conducted together with substantial cessation of activities consistent with or required for the operation of such nonconforming use shall be deemed to constitute a discontinuance thereof within the meaning of this chapter, irrespective of whether an intention to abandon the nonconforming use may exist. Upon application, however, the Zoning Board of Appeals may extend the one-year period upon finding that it is not reasonable in its application to the particular premises, taking into consideration the characteristics of the use, the investment which has been made in it, the circumstances of the discontinuance and the suitability of the structure for a permitted or special permit use in the district in which it is located.

4.2.2.6 If any building or structure in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building or structure was located and the subsequent use of any building or structure erected thereon shall be in conformity with the standards specified by this chapter for the district in which such land is located.

4.2.3 Dimensional nonconformity. A building or structure that is conforming in use but does not conform to the lot dimension, yard dimension, height, building coverage, floor area ratio, off-street parking, off-street loading or other dimensional requirements of this chapter shall be deemed to be dimensionally nonconforming. No permit shall be issued that will result in the increase of any such dimensional nonconformity, but any building or structure, or portion thereof, may be altered to decrease its dimensional nonconformity.

4.2.4 Reconstruction. Should a building or structure, the use of which, or the use of a portion of which, is nonconforming or which is dimensionally nonconforming, be destroyed or damaged by any means to an extent greater than 75% of the replacement cost of the entire building or structure used in connection therewith at the time of the reconstruction, as determined by the Department of Planning and Development and any duly authorized assistants, it shall not thereafter be reconstructed or used except in conformity with the provisions of this chapter. Should the damage be 75% or less, it may be reconstructed and any accompanying nonconformity continued, provided that the reconstruction is commenced within one year of the date of such damage and completed within two years of said date, and further provided that the reconstruction shall be conducted in accordance with a plan approved by the Zoning Board of Appeals and designed to result in the greatest reasonable conformity with the provisions of this chapter.

4.2.5 Change to other nonconforming use. Upon application, a nonconforming use of land, buildings or structures may be changed to another nonconforming use upon approval by the Zoning Board of Appeals based upon a finding that the proposed use is more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Board of Appeals may impose such conditions and safeguards as it may deem necessary or appropriate to further the purposes of this chapter.

4.2.6 Improvement of nonconforming uses. In order that the adverse external effects of nonconforming uses may be reduced, and such uses may gradually be brought into greater conformity with the requirements of this chapter and, upon application to and approval by the Zoning Board of Appeals, the owner of any land, building or structure so used may be permitted to make changes to such building, structure or use in conjunction with a plan whereby through the addition of landscaped screening and buffer areas, control of noise, smoke or odors, the improvement of lighting, architectural changes, redesign of parking areas and access drives, or by any other appropriate means, these purposes may be achieved. The Zoning Board of Appeals may grant approval, or approval with modifications, provided said Board finds that the purposes of this section would be furthered by such action. This procedure shall not supersede any of the rights, powers and duties of the Landmarks Preservation Commission pursuant to Chapter 143 of the Town of Oyster Bay Town Code.

4.3 Provisions Governing Lots.

For lots located in two or more districts or municipalities, refer to § 246-3.3.5.

4.3.1 Lot for every building. Every building hereafter erected shall be located on a lot and there shall be no more than one principal building and its accessory building(s) on one lot, except for multifamily and nonresidential buildings in districts where such uses are permitted.

4.3.2 Subdivision of a lot. Where a lot is formed hereafter from part of a lot already occupied by a building, such separation shall be effected in a manner which will not impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith. No permit shall be issued for the erection of a building on a newly created lot unless it complies with all provisions of this chapter.

4.3.3 Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot because of its irregular shape, the Department of Planning and Development and/or any duly authorized assistants shall determine how the requirements of this chapter will apply.

4.3.4 New buildings on substandard lots. A permit may be issued for the erection of a building for a permitted use on a lot for which a valid conveyance has been recorded prior to the adoption of this chapter, notwithstanding that the area or dimensions of such lot are less than that required for the district in which such lot is located, provided that:

4.3.4.1 The lot met the zoning requirements at the time the subdivision plat was filed in the office of the Nassau County Clerk, the deed to the lot was recorded or the title to the lot was conveyed.

4.3.4.2 The building complies with all yard setbacks and other building-related requirements which were in effect at the time of obtaining the building permit.

4.3.4.3 The lot was continuously held in single and separate ownership since the day the lot became nonconforming. If that is not the case, such other lot or lots contiguous thereto which are or were held in the same ownership, or so much thereof as may be necessary, shall be considered to be merged with the first-named lot to make one or more conforming lots, whereupon a permit may be issued, but only for such merged lots. Where the required area or dimensions of lots are changed by an amendment to this chapter, any lot legally in existence on that date and made nonconforming by such amendment may be built upon as provided in this section.

4.3.5 Flag lots.

[Added 7-10-2001 by L.L. No. 3-2001; amended 7-22-2003 by L.L. No. 7-2003]

4.3.5.1 As a result of the Town Board's concern with the impact of the subdivision and development of reduced area, width and frontage lots, including but not limited to flag lots, upon adjacent properties and upon the neighborhood in which they are located, it is the legislative intent of the Town Board to prevent the creation of any such new or additional reduced frontage lots, except in the R1-1A, R1-2A and R1-5A Residence Districts and then only subject to compliance with all of the following standards and requirements. In all other districts, flag lots shall be deemed to be specifically prohibited.

4.3.5.1.1 All yard setbacks for principal buildings, whether front, side or rear, on each flag lot shall be equal to or exceed the minimum required front yard setback applicable in the district in which it is located.

4.3.5.1.2 Notwithstanding the minimum access width standard of Paragraph 5 in Section 280-a of the Town Law of the State of New York, the access strip ("pole" portion) of each flag lot shall be at least 20 feet in width and, in accordance with the definition of lot area in § 246-2, shall be excluded in the calculation of minimum lot area.

4.3.5.1.3 The "flag" portion of any such lot shall contain a building envelope (area in which principal buildings can be constructed) which is equal to at least 20% of the minimum required lot area in the district in which it is located and which building envelope is at least 50 feet in every dimension.

4.3.5.1.4 Any non-flag lot which is a part of a subdivision containing a flag lot shall fully comply with all area, dimensional and setback standards applicable in the district in which it is located.

4.3.5.1.5 The total number of lots in any subdivision containing one or more flag lots shall not exceed the number of lots which would have been permitted, in the judgment of the approving agency, if no flag lots were involved.

4.3.5.1.6 Prior to approving the creation of any flag lot, the approving agency shall first determine that it will serve to reduce potential disturbance to the natural environment and will result in the placement of the potential new home(s) in an appropriate relationship to neighboring homes and other uses on surrounding properties.

4.3.6 Minimum contiguous buildable area. As a result of the Town Board's concern for the protection of the environment, and in order to assure that there will be a sufficient area of non-environmentally sensitive land available for the proper development of new homes and their customary accessory uses on any new residential lot created subsequent to the effective date of this amendment, any such lot shall contain a minimum contiguous buildable area, as defined herein, of not less than the following size:

[Added 6-24-2008 by L.L. No. 8-2008; amended 8-9-2011 by L.L. No. 2-2011]

Residence District	With On-Lot Sewage Disposal (square feet)	With Central Sewer Service (square feet)
R1-6	6,000	5,000
R1-7	7,000	6,000
R1-10	10,000	8,000
R1-10/OHG	10,000	8,000
R1-15	13,000	10,000
R1-20	16,000	12,000
R1-1A	21,000	15,000
R1-2A	26,000	18,000
R1-5A	34,000	24,000

4.4 Provisions Governing Yards.

4.4.1 Yard for every building. No yard or other open space provided about any one building for the purpose of complying with the provisions of this chapter shall be included as any part of the yard or open space which may be required for any other building. No yard or other open space on one lot shall be considered as a yard or open space for a building on any other lot.

4.4.2 Use of yards. No building or structure shall be permitted within any minimum required yard except in accordance with the Schedule of Dimensional Regulations[1] or as otherwise permitted by this chapter. Any structure more than eight inches above finished grade, other than fences and walls, shall comply with the minimum setbacks for accessory buildings. Notwithstanding the provisions of § 4.4.2.1 below, buildings and structures shall be considered attached for zoning purposes, unless they are separated by a distance of not less than three feet.

4.4.2.1 Encroachments. Encroachments or structural projections into required yard areas which do not conflict with other applicable codes, rules or regulations shall be permitted as follows:

[Amended 7-22-2003 by L.L. No. 7-2003; 4-25-2006 by L.L. No. 5-2006]

4.4.2.1.1 In all R1 Residence Districts, the RO Residence-Office District and HD-III Hicksville Downtown Residential Subdistrict:

[Amended 2-23-2021 by L.L. No. 1-2021]

4.4.2.1.1.1 One-story enclosed additions to the principal building containing only an aboveground oil storage tank or an unenclosed aboveground oil storage tank screened with dense evergreen plantings and/or solid fencing extending at least one foot above the top of the tank, may project into one of the required side yards, provided that the side yard shall maintain a minimum width of five feet at that location.

4.4.2.1.1.2 Roof overhangs, canopies and other similar architectural features (not including those roofed-over or otherwise covered features that are enclosed with materials such as glass) shall be permitted to project a maximum of six feet into a required front or rear yard.

4.4.2.1.1.3 Air conditioning condensing units (only if screened with dense evergreen plantings and/or solid fencing), window sills, steps, and other similar architectural features and minor utility structures, such as reduced pressure zone devices, shall be permitted to project no more than four feet into any side yard or six feet into any front or rear yard, but in any case not nearer than three feet from any property line.

4.4.2.1.1.4 Handicap-accessible ramps shall be permitted to project no more than five feet into any side yard or 10 feet into any front or rear yard, but in any case not nearer than three feet from any property line.

4.4.2.1.1.5 Propane tanks screened with dense evergreen plantings and/or solid fencing extending at least one foot above the top of the tank shall be permitted to project a maximum of eight feet into a side or rear yard only, but in any case not nearer than eight feet from any property line. Propane tanks must also conform to the requirements of the New York State Uniform Building and Fire Protection Code, the Nassau County Fire Marshal and the National Fire Protection Association.

4.4.2.1.1.6 Dormers may project into any required side yard, provided they do not extend beyond the wall of the existing structure and do not raise the existing main ridge.

4.4.2.1.1.7 Generators may be located up to a maximum of eight feet into a side or rear yard, but in any case not nearer than eight feet from any property line.

4.4.2.1.2 In all R1 Residence Districts, the RO Residence-Office District and HD-III Hicksville Downtown Residential Subdistrict:

[Amended 2-23-2021 by L.L. No. 1-2021]

4.4.2.1.2.1 One-story enclosed vestibules shall be permitted to project a maximum of six feet in width and five feet in depth into a required front yard.

4.4.2.1.2.2 One-story open and unroofed porches, decks, balconies and terraces not more than three feet above grade shall be permitted to project a maximum of six feet into a required front or rear yard.

4.4.2.1.2.3 Cornices, eaves, gutters, chimneys, windows, canopies and other similar architectural features shall be permitted to project a maximum of two feet into any required yard.

4.4.2.1.3 In all Nonresidence Districts, awnings shall be permitted to project a maximum of four feet into a required front yard.

4.4.2.1.4 On any lot for which the Zoning Board of Appeals granted a variance for a yard of deficient width, none of the encroachments listed above, except as identified in § 246-4.4.2.1.1.3, 4.4.2.1.1.4, 4.4.2.1.1.5 and 4.4.2.1.1.6, shall be permitted into such diminished yard.

4.4.2.2 Underground setbacks. All setback restrictions as set forth in this chapter shall be applicable below as well as above grade, except that electrical, plumbing, sanitary and drainage facilities, fixtures, pipes, wires and similar accessory utility services shall be excluded where they are located below grade from such abovegrade setback restrictions.

4.4.2.3 Average setbacks. In an established neighborhood, as determined by the Department of Planning and Development, with an existing pattern of front yard setbacks substantially different from the minimum front yard setback required in the district in which it is located, the average setback shall control. If, however, in the opinion of the Department of Planning and Development, there is a predominant pattern of existing front yard setbacks which is different than the average setback, the predominant setback may be used instead. Whatever setback is determined to apply, shall apply to both new and expanded construction. Notwithstanding the foregoing, this chapter shall not require any building to be set back more than the maximum required front yard setback as set forth in the Schedule of Dimensional Regulations (§ 246-5.3).[2]

[Amended 7-22-2003 by L.L. No. 7-2003; 4-25-2006 by L.L. No. 5-2006]

[2] Editor's Note: The Schedule of Dimensional Regulations is included as an attachment to this chapter.

[1] Editor's Note: The Schedule of Dimensional Regulations is included as an attachment to this chapter.

4.4.3 Corner lots. In the case of a corner lot held in single and separate ownership on January 27, 1953, which lot then had and still has a lot width at the front setback line of less than 200 feet in the R1-2A District, 125 feet in the R1-1A District, 100 feet in the R1-20 District or 60 feet in the R1-6 District, the required front yard depth along the street frontage upon which the building will not face and will not have a principal entrance may be decreased by up to 50% but not less than 20 feet. Other than as described above, a yard equal in depth to the required front yard shall be provided on all street frontages in all residence and nonresidence districts.

4.4.4 Visibility at street intersections. No wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other planting shall be planted or allowed to grow, in such a way as to obscure or interfere with traffic sight lines as required for safety purposes. Obstructions to visibility which exceed 2.5 feet in height, other than tree trunks, shall be prohibited on corner lots in the triangle formed by intersecting street right-of-way lines, and a line joining points located along such street right-of-way lines, which are 30 feet from the theoretical point of intersection of such lines, as extended.

4.4.5 (Reserved)

4.4.6 Height:Setback Ratio (Inclined Plane) — Oyster Bay Hamlet Residence Design District. Notwithstanding the maximum permitted building height and minimum required yard setbacks as set forth in § 246-5.3, Schedule of Dimensional Regulations, of this chapter, no part of any new or expanded one-family residence located within the Oyster Bay Hamlet Residence Design District, excluding chimneys, dormers and similar architectural features which do not exceed, in total, 10% of the area of the horizontal roof section on which they are located and which do not extend more than five feet above the plane of that roof, shall be permitted to project above the inclined plane represented by the applicable height:setback ratio as set forth in the following table:

[Added 2-13-2007 by L.L. No. 4-2007]

Maximum Permitted Height:Setback Ratio (Inclined Plane)
Zoning District	Front Yard	Side Yard	Rear Yard
R1-10	0.7:1	2:1	0.6:1
R1-6	0.8:1	3:1	0.7:1

4.5 Provisions Governing Height.

4.5.1 Height of buildings and structures. No structure shall exceed the maximum permitted building height for the district in which it is located except as set forth below or otherwise permitted by law.

4.5.2 Height exceptions in residence districts and HD-III Hicksville Downtown Residential Subdistrict.

[Amended 2-23-2021 by L.L. No. 1-2021]

4.5.2.1 Spires, cupolas, belfries, parapet walls, chimneys, solar panels, flagpoles, antennas and other similar structures or architectural features covering a maximum of 10% of the horizontal area of the roof on which they are located shall be permitted to be constructed to a height of not more than 10 feet above the portion of the roof on which they are located. The maximum roof coverage provision shall not be applicable to solar panels.

4.5.2.2 Permitted public and semi-public buildings, such as schools and places of worship, may have a maximum building height of up to 45 feet, provided that the width of each of the required yards is increased by at least three feet for each one foot of building height above 28 feet.

4.5.2.3 For antennas, see § 246-5.5.4 of this chapter.

4.5.3 Height exceptions in nonresidence districts. Spires, cupolas, belfries, parapet walls, chimneys, solar panels, flagpoles, antennas and other similar structures or architectural features covering a maximum of 10% of the horizontal area of the roof on which they are located shall be permitted to be constructed to a height of not more than 15 feet above the portion of the roof on which they are located. The maximum roof coverage provision shall not be applicable to solar panels.

4.5.4 Other exceptions. Elevator or stair bulkheads, mechanical equipment, water towers and similar equipment shall be permitted to be located on the roof only if determined necessary by the Department of Planning and Development and only if enclosed or screened and set back a minimum of 10 feet from all roof edges, except 20 feet where within 100 feet of residentially used properties. Where the roof area cannot accommodate such a minimum setback from all edges, the equipment shall be placed in a location which mitigates potential visibility impacts from streets and neighboring properties, but in no event closer than five feet from any roof edge. The aggregate area covered by such features shall not exceed 20% of the roof area, and their height shall not be in excess of 12 feet.

[Amended 7-22-2003 by L.L. No. 7-2003]

4.6 Provisions Governing Buildings.

4.6.1 Distance between buildings. All buildings, and buildings and structures, shall be separated by a distance of not less than three feet unless attached or abutting. See also § 246-4.4.2 of this chapter.

4.7 Provisions Governing Fences and Walls.

4.7.1 Fences and walls. The requirements of this chapter shall not be deemed to prohibit any otherwise lawful fence or wall. A fence or wall, or any combination thereof, not located within a required yard shall not exceed 10 feet in height. Fences and walls, including retaining walls, are permitted within required yards, provided that, except in R1-5A, R1-2A and R1-1A Districts, such fences or walls, or combination thereof, do not extend more than four feet above grade in any yard abutting a street, and six feet above grade in any other required yard, and further provided that they do not interfere with vehicular access and sight distance. For the purposes of this section, average setback shall not apply to fences and walls. In the R1-5A, R1-2A and R1-1A Districts and in all nonresidence districts, fences or walls, or a combination thereof, up to six feet in height above grade are permitted in any yard. Any fence or wall in nonresidence districts over six feet in height will require approval from the Zoning Board of Appeals, unless a site plan approval is granted from either the Town Board or Planning Advisory Board. In a nonresidence district, where any fence or wall located within a required yard has a finished or more attractive side, such side shall face the neighboring property or street. Required landscaping in a nonresidence district shall be provided on the side facing into the property, unless the fence is along a street, so as to allow for the maintenance of the landscaping. The height of a fence located along any street or front lot line shall be measured from the existing elevation of the center line of such street. The height requirements noted in this section are subject to the provisions of § 246.4.4.4, Visibility at street intersections.

[Amended 7-22-2003 by L.L. No. 7-2003; 10-16-2012 by L.L. No. 3-2012; 6-14-2022 by L.L. No. 6-2022]

4.7.2 Barbed wire fences. Electrically charged fences, barbed wire fences and other fences constructed of sharp materials are not permitted within residence districts or along public streets. No barbed wire or similar fence or any fence in which barbed wire or similar wire is used shall be erected, maintained or used except in nonresidence districts, and subject to approval of the Zoning Board of Appeals in accordance with the following conditions and after a public hearing:

4.7.2.1 The fence on which barbed wire is to be used is six feet or higher;

4.7.2.2 The construction of the barbed wire and fence meets the specifications of the Zoning Board of Appeals;

4.7.2.3 The use of barbed wire will not prevent the reasonable and orderly use of adjacent properties;

4.7.2.4 The use of barbed wire will not prevent the reasonable and orderly use of permitted or legally established uses in the district wherein the property is located or in adjacent districts;

4.7.2.5 The use of barbed wire will cause no undue endangerment of the health, safety and welfare of the populous of the Town;

4.7.2.6 In a nonresidence district, the use of barbed wire atop a six-foot high or higher chain link fence surrounding open storage areas (i.e., car lot, industrial supply, equipment, etc.) will inhibit unauthorized access into such areas; and

4.7.2.7 Wherever barbed wire is installed, a sign must be posted cautioning the public about said barbed wire.

4.8 Provisions Governing Exterior Lighting.

[Added 4-25-2006 by L.L. No. 5-2006]

4.8.1 Exterior lighting. Exterior lighting located in any zoning district shall be directed away from neighboring properties and from adjoining streets and public areas, and shall otherwise be designed so that it will not interfere with the reasonable use and enjoyment of any such neighboring property, street or public area.

4.9 Provisions Governing Gross Floor Area.

[Amended 2-13-2007 by L.L. No. 4-2007; 12-16-2008 by L.L. No. 15-2008; 8-9-2011 by L.L. No. 2-2011]

The maximum permitted gross floor area on any residential lot in the Town of Oyster Bay shall not exceed the amounts set forth herein.

4.9.1 Oyster Bay Hamlet Residence Design District Overlay. Irrespective of the zoning district in which it is located, the maximum permitted gross floor area on any residential lot in the Oyster Bay Hamlet Residence Design District shall not exceed the amounts as set forth in the following table:

Lot Area	Maximum Permitted Gross Floor Area
Less than 6,000 square feet	40% of lot area
6,000 to 6,999 square feet	2,400 square feet plus 30% of lot area in excess of 6,000 square feet
7,000 to 9,999 square feet	2,700 square feet plus 20% of lot area in excess of 7,000 square feet
10,000 to 19,999 square feet	3,300 square feet plus 14% of lot area in excess of 10,000 square feet
20,000 square feet to 0.999 acre	4,700 square feet plus 9% of lot area in excess of 20,000 square feet
1.0 to 1.999 acres	6,820 square feet plus 5% of lot area in excess of 1.0 acre
2.0 to 4.999 acres	9,000 square feet plus 4% of lot area in excess of 2.0 acres
5.0 acres or more	14,225 square feet plus 3% of lot area in excess of 5.0 acres

4.9.2 1I-10/OHG One-Family Residence. The maximum permitted gross floor area on any residential lot in the R1-10/OHG One-Family Residence District shall not exceed the amounts as set forth in the following table:

Lot Area	Maximum Permitted Gross Floor Area
Less than 7,000 square feet	39% of lot area
7,000 to 9,999 square feet	2,750 square feet plus 15% of lot area in excess of 7,000 square feet
10,000 to 19,999 square feet	3,200 square feet plus 12% of lot area in excess of 10,000 square feet
20,000 square feet to 0.999 acre	4,400 square feet plus 9% of lot area in excess of 20,000 square feet
1.0 to 1.999 acres	6,520 square feet plus 5% of lot area in excess of 1.0 acre
2.0 acres or more	8,700 square feet plus 4% of lot area in excess of 2.0 acres

4.9.3 All other areas, irrespective of the zoning district in which it is located, the maximum permitted gross floor area on any one-family residential lot in any area of the Town situated outside the Oyster Bay Hamlet Residence Design District, the R1-10/OHG One-Family Residence District and the HD-III Hicksville Downtown Residential Subdistrict shall not exceed the amounts as set forth in the following table:

[Amended 2-23-2021 by L.L. No. 1-2021]

Lot Area	Maximum Permitted Gross Floor Area
Less than 6,000 square feet	45% of lot area
6,000 to 6,999 square feet	2,900 square feet plus 30% of lot area in excess of 6,000 square feet
7,000 to 9,999 square feet	3,200 square feet plus 15% of lot area in excess of 7,000 square feet
10,000 to 19,999 square feet	3,650 square feet plus 12% of lot area in excess of 10,000 square feet
20,000 square feet to 0.999 acre	4,850 square feet plus 9% of lot area in excess of 20,000 square feet
1.0 to 1.999 acres	7,000 square feet plus 6% of lot area in excess of 1.0 acre
2.0 acres or more	9,600 square feet plus 3% of lot area in excess of 2.0 acres

4.10 Provisions Governing Slopes.

[Added 6-24-2008 by L.L. No. 8-2008]

4.10.1 Legislative intent. The Town Board hereby finds that it is necessary to preserve, protect and conserve Oyster Bay's steep slope areas for a variety of physical, ecological, aesthetic, recreational and economic reasons related to promoting and protecting the public health, safety and general welfare of present and future residents of the Town of Oyster Bay and surrounding areas. Specifically, the Town Board finds that:

4.10.1.1 The disturbance of steep slope areas tends to cause erosion and sedimentation at rates in excess of those experienced under more level topographic conditions. Erosion and sedimentation often includes the loss of topsoil (a valuable natural resource) and can result in the disturbance of natural habitats, the degradation of water quality, the alteration of drainage patterns, the gullying of land, the obstruction of drainage structures and the intensification of flooding.

4.10.1.2 The inadequately or uncontrolled disturbance of steep slopes can also lead to their failure and the mass movement of earth which creates concerns for the safety of persons, wildlife, vegetation and man-made structures.

4.10.1.3 The existing vegetation on steep slope areas helps to contribute to the attractive visual character of the Town since these areas are normally more highly visible from neighboring properties, roadways and other public spaces than are more level lands.

The avoidance of development on steep slopes or, where this is not practical, the careful regulation of such development, can mitigate or eliminate such potential adverse environmental impacts to the maximum extent practicable.

4.10.2 Regulations. The regulations established in this section shall apply to any proposed disturbance of steep slopes, as defined in § 246-2 hereof.

4.10.2.1 Regulated activities. Within any steep slope area, no disturbance of the land or any vegetation thereon, other than an activity permitted by right as set forth below, shall be permitted without a permit from the Town of Oyster Bay Department of Planning and Development issued pursuant to the standards, procedures and requirements of this chapter. Notwithstanding the foregoing, if a site plan or special use permit approval is required in connection with the proposed slope disturbance, the slope permit shall be incorporated within such action and shall be subject to approval by the approval authority therefor.

4.10.2.2 Activities permitted by right. Within any steep slope area, the following activities are permitted by right:

4.10.2.2.1 Normal ground maintenance, including mowing, trimming and pruning of vegetation, planting and replanting, and removal of dead or diseased vegetation, provided that such activity does not involve any regrading or other disturbance of the land, and further provided that any such activity conforms with all other applicable ordinances, laws and regulations, including obtaining a tree permit, as required by Chapter 225 of the Town Code, if required.

4.10.2.2.2 The customary, ongoing maintenance and repair of existing buildings, driveways, walkways, walls, utilities or other similar structures.

4.10.2.2.3 Disturbance required under emergency conditions where such disturbance is necessary to protect persons or property from present or imminent danger, as determined by the Town of Oyster Bay Department of Planning and Development.

4.10.2.3 Standards, procedures and requirements.

4.10.2.3.1 Approval authority. The approval authority for all steep slope disturbance permits shall be the Town of Oyster Bay Department of Planning and Development, except that, where the proposed steep slope disturbance is a part of an application for site plan or special use permit approval, the approval authority for the steep slope disturbance permit shall be the approval authority for such other action.

4.10.2.3.2 Application. All applications for steep slope disturbance permits shall include the following information, unless waived by the approval authority:

4.10.2.3.2.1 The name, address, signature and telephone number of the property owner and applicant, if different. If the applicant is not the property owner, a signed statement by the owner authorizing the application shall be provided.

4.10.2.3.2.2 The street address and Tax Map designation of the subject property.

4.10.2.3.2.3 A boundary survey of the property prepared by a licensed professional engineer or land surveyor.

4.10.2.3.2.4 A statement that both the property owner and the applicant, if different, will indemnify and hold harmless the Town of Oyster Bay and its representatives against any damage or injury to any person or property in connection with the processing and issuance of the requested permit.

4.10.2.3.2.5 A written statement describing the proposed work, the purpose therefor, and why such work cannot be done on a portion of the property which would not impact, or would impact to a lesser extent, the steep slope area(s) sought to be protected by these regulations.

4.10.2.3.2.6 

A site plan, drawn at an appropriate scale and prepared and sealed by a professional engineer, landscape architect, architect, surveyor or other properly qualified person, showing the following information, as appropriate, unless waived by the approval authority:

(a) Property lines plus existing and proposed structures, onsite sewage disposal systems, wells, drainage infrastructure and other site improvements.

(b) The specific location of the proposed area of disturbance and the specifications and quantities of all material proposed to be added to or removed from the site, as well as the procedures and timing to be used to undertake such work.

(c) Existing and proposed contours at a maximum vertical interval of two feet.

(d) The location of all existing steep slope areas within the above referenced area.

(e) The delineation of all soil types on the property, as per the Nassau County Soil Survey.

(f) The proposed location and type of all surface materials and/or other surface treatments to be used.

(g) The details of any proposed surface or subsurface drainage system to be installed, including any special measures designed to provide for proper surface and/or subsurface drainage, both during the performance of the work and after its completion.

(h) A stormwater pollution prevention plan (SWPPP) prepared in accordance with all applicable requirements of the New York State Standards and Specifications for Erosion and Sediment Control and the New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current versions or their successors).

[Amended 9-29-2009 by L.L. No. 9-2009]

4.10.2.3.2.7 If the approval authority determines that the extent or nature of the proposed steep slope disturbance will be extensive, or that blasting may be involved, it may require such other additional information, including reports prepared by properly qualified professionals, as it deems necessary and appropriate. This required additional information may include, among other things, cross-sections of all proposed disturbed areas, a cut and fill analysis, a blasting plan and/or other such technical studies or information.

4.10.2.4 Professional review fees. The approval authority, in reviewing any application pursuant to this section, may refer such application to any independent professional as said authority may determine to be appropriate to advise it with respect to such application. The applicant shall be responsible for reimbursing the cost of such professional review by establishing an escrow account in advance of consideration of the application and/or in advance of the retention of the outside professional by the approval authority. The payment of such fees shall be in addition to any and all other fees required by the Town of Oyster Bay or the County of Nassau.

4.10.2.5 Decision. In arriving at its decision, the approval authority shall be guided by at least the following considerations:

4.10.2.5.1 The potential environmental impact of the proposed action.

4.10.2.5.2 Alternatives to the proposed action which would eliminate the need for the requested permit or would reduce the potential impact of it.

4.10.2.5.3 The nature and extent of any mitigation proposed by the applicant.

4.10.2.5.4 Other mitigation which would serve to reduce potential adverse environmental impacts, including a reduction or change in the nature or scale of the proposed action.

4.10.2.6 Start of work. No work of any kind, including site clearing and preparation, shall be undertaken on the subject property prior to the issuance of the required permit and the installation of all erosion and sediment controls required in connection therewith.

4.10.2.7 Term. Any permit issued pursuant to this section shall be valid for a period of not to exceed one year from the date of approval, unless otherwise specified by the approval authority. Any such permit shall expire upon completion of the work specified therein.

4.10.2.8 Inspection. The property upon which the activity is approved shall be open to inspection by the Department of Planning and Development, or its duly authorized representatives, at any reasonable time and on any day of the week or weekend. The applicant shall notify the Department of Planning and Development at least five working days prior to the start of work for which the steep slope disturbance permit has been issued. The applicant, by having made application for such permit, shall be deemed to have granted its consent for inspection. A notice of violation or stop-work order shall be issued if it is found that the applicant has not complied with any of the conditions or limitations as set forth in the permit or has exceeded the scope of the approved activity.

4.10.2.9 Certification. Within 30 days of the date of completion of all work for which a permit pursuant to this section has been issued, a certification shall be submitted by a properly qualified professional attesting that all work has been properly completed in accordance with said permit and with any requirements issued pursuant thereto.

4.10.2.10 Continued conformance required. Continued conformance with all requirements as shown on the approved plan shall be deemed to be a condition for the continuation of the certificate of occupancy for the subject property. Any violation of a condition of approval shall be subject to the same penalties as a zoning violation. In addition, the Department of Planning and Development shall not issue any other permit or certificate related to any property for which a notice of violation of these regulations has been served until said violation shall have been resolved to the satisfaction of the approval authority, or to the court, as appropriate.

4.11 Provisions Governing Roof Pitch.

[Added 6-24-2008 by L.L. No. 8-2008]

4.11.1 Sloped roofs. No building permit shall be issued for a new one- or two-family dwelling, or for any expansion of an existing one- or two-family dwelling which involves the construction of a new roof, unless the roof pitch is no less than 6:12.

4.11.2 Flat roofs. Notwithstanding the foregoing, building permits may continue to be issued for the construction or expansion of flat-roof dwellings in the R1-20 or larger minimum lot size residence districts if located on a lot which complies with all dimensional requirements of the district in which it is located.

4.12 Tree Planting Requirements.

[Added 7-14-2009 by L.L. No. 8-2009]

4.12.1 Street trees. As a condition pursuant to the issuance of a building permit for the construction or reconstruction of any one- or two-family dwelling, but not including additions or renovations to an existing dwelling, the applicant shall agree to plant, prior to the issuance of the certificate of occupancy, at least one street tree for each 35 feet, or major portion thereof (50% or more), of street frontage of the lot for which the building permit is sought. Each such tree shall have a diameter at breast height (DBH) of not less than four inches at the time of planting and shall be of a species as listed in § 225-6D of the Trees Ordinance, Chapter 225 of the Code of the Town of Oyster Bay, Nassau County, New York. The location and species of each such street tree shall be subject to the approval of the Superintendent of the Highway Division, Town of Oyster Bay Department of Public Works, or his/her designee.

4.12.2 Shade trees. In addition to the foregoing, and also as a condition pursuant to the issuance of a building permit for the construction or reconstruction of any one- or two-family dwelling, but not including additions or renovations to an existing dwelling, the applicant shall agree to plant, prior to the issuance of the certificate of occupancy, at least one new shade tree for each 5,000 square feet, or major portion thereof (50% or more), of lot area. Each such tree(s) shall have a diameter at breast height (DBH) of not less than three inches at the time of planting, shall be of a species as listed in § 225-6D or E of the Trees Ordinance, Chapter 225 of the Code of the Town of Oyster Bay, Nassau County, New York, and shall be in a location as approved by the Commissioner of the Town of Oyster Bay Department of Parks, or his/her designee.

4.12.3 Protection of existing healthy trees. The tree planting requirements as set forth above shall be waived by the Commissioner of the Department of Planning and Development, or his/her designee, where, based upon input received from the Highway Division of the Department of Public Works and the Department of Parks, it is determined that existing healthy street trees and/or shade trees on the subject lot already meet or exceed the above stated requirements. In such a situation, the existing trees shall be properly pruned and adequately protected by the applicant during the construction process, to the satisfaction of the Department of Planning and Development, so that they are in a healthy, undamaged condition at the time of the issuance of the certificate of occupancy for the new or reconstructed dwelling.[1]

[1] Editor’s Note: Former Subsection 4.13, Stormwater Management and Erosion and Sediment Control, added 10-16-2012 by L.L. No. 3-2012, was repealed 6-26-2018 by L.L. No. 6-2018.