Town of Oyster Bay, NY § 246-5 DISTRICT REGULATIONS

5.1 Purposes.

[Amended 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; 8-9-2011 by L.L. No. 2-2011; 2-23-2021 by L.L. No. 1-2021]

In addition to the general purposes of this chapter as set forth in § 246-1, the following specific purposes are set forth for the establishment of residence, nonresidence and Hicksville Downtown Districts:

5.1.1 Residence districts:

5.1.1.1 To promote and encourage a suitable environment for family life where safe streets, wide yards and quiet neighborhoods are of paramount importance.

5.1.1.2 To achieve a balanced array of housing types, sizes and densities meeting the needs of households of varying ages and income levels, consistent with the character of existing neighborhoods, the need for protection of the natural environment, and the provision of adequate open space, sunlight and air.

5.1.1.3 To avoid, insofar as possible, commercial and through traffic in residential neighborhoods.

5.1.1.4 For the R1-10/OHG One-Family Residence District: to preserve the historical development character of the community, particularly with respect to the pattern of individual lots having relatively large yard areas in comparison to the size of the respective houses, as measured in terms of lot coverage and gross floor area, in relation to what is permitted in the R1-10 One-Family Residence District.

5.1.2 Nonresidence districts:

5.1.2.1 For the REC Recreation District — to help assure the preservation and continuation of existing recreational/open space uses so as to protect the quality and quantity of groundwater recharge, preserve open space and scenic beauty, reduce flooding, meet important recreational and open space needs of present and future Town residents and minimize potential adverse environmental impacts, including groundwater impacts, which might be associated with the redevelopment of such recreational/open space properties for more intensive use.

5.1.2.2 For the RO Residence-Office District — to allow limited office use with minimal community impact on residential sites located adjacent to commercial areas.

5.1.2.3 For the OB Office Building District — to provide a low density, campus-style office environment intended to encourage the development of modern office buildings in attractive landscaped settings.

5.1.2.4 For the NB Neighborhood Business District — to provide the opportunity for the development and maintenance of local-oriented retail and service business uses, as well as multifamily residence uses, in or adjacent to the Town's hamlet centers.

5.1.2.5 (Reserved)

5.1.2.6 For the GB General Business District — to provide the opportunity for the attractive development of retail, office and service business uses with adequate automobile access and off-street parking and loading facilities in appropriate locations along major commercial arteries.

5.1.2.7 For the ORD Office, Research and Development District — to promote a well-planned, low impact combination of light manufacturing, research and development, and office uses, with related business services, in locations which have an established industrial character but are proximate to established residential areas.

5.1.2.8 For the LI Light Industry District — to provide the opportunity and encouragement for the development of manufacturing, assembly, warehousing, research and development, office and other compatible types of job-creating commercial activities in established industrial areas in accordance with modern development standards.

5.1.2.9 For the Waterfront-A District — to promote a mix of recreational and water-dependent marine commercial land uses that are consistent with the physical, cultural, socioeconomic, and environmental features of the Town of Oyster Bay's coastal waterfront and which serve to enhance the accessibility, enjoyment, and utility of these vital areas.

5.1.2.10 For the Waterfront-B District — to promote a mix of recreational and water enhanced marine commercial, neighborhood business, and recreational land uses that are consistent with the physical, cultural, socioeconomic, and environmental features of the Town of Oyster Bay's coastal waterfront and which serve to enhance the accessibility, enjoyment, and utility of these vital areas.

5.1.3 Overlay districts:

5.1.3.1 For the APO Aquifer Protection Overlay District — to establish special standards and procedures regulating the use and development of land within the Oyster Bay Special Groundwater Protection Area, as designated by the Nassau County Public Health Ordinance (Article X) and by the New York State Environmental Conservation Law (Article 55), with the intent of protecting both the quality and quantity of groundwater, and which regulations are to be in addition to all other requirements and limitations of the underlying zoning district.

5.1.4 For the Hicksville Downtown Subdistricts — To establish development rules and procedures for three subdistricts to establish Downtown Hicksville as a vibrant community where people will want to live, work, shop, dine, and enjoy leisure time in a walkable transit-oriented mixed-use area in the vicinity of the Hicksville Train Station.

5.2 Schedule of Use Regulations. [1]

The accompanying Schedule of Use Regulations lists the permitted uses of land, buildings and structures and indicates in which districts, and subject to what manner of approval, each is permitted. Any use not specifically listed shall be deemed to be prohibited, unless the Town Board determines by the grant of a special permit that such use is of the same general character as other permitted uses in the district and that such use will not be detrimental to the district. All uses are subject to the requirements and conditions set forth in the noted sections (§ ). Any accessory building or use determined by the Department of Planning and Development to be customarily accessory or incidental to a permitted principal use shall be a permitted accessory use in the district in which it is located.

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

5.3 Schedule of Dimensional Regulations. [1]

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

The accompanying Schedule of Dimensional Regulations sets forth the minimum and maximum dimensional requirements to be met in each zoning district. For the Hicksville Downtown Subdistricts see Section 5.9.

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

5.4 Additional Regulations.

5.4.1 Conservation subdivisions.

5.4.1.1 Purpose and policy. The Town Board of the Town of Oyster Bay hereby finds that preservation and protection of groundwater and surface water resources, natural landforms, existing vegetation and wildlife habitats will benefit the general health, safety and welfare of present and future residents. Clustering of residential development in a conservation subdivision is a proven means of accomplishing this goal. Pursuant to § 1610 of the County Government Law of Nassau County, the Town Board and the Nassau County Planning Commission must work together to establish residential conservation subdivisions.

5.4.1.2 Applicability. All residential subdivision applications for parcels having an area of five acres or more shall be considered for possible conservation subdivision.

5.4.1.3 Subdivision application. The developer shall present to the Nassau County Planning Commission a conceptual drawing outlining the requested residential subdivision as well as an accurate survey depicting acreage, topography, vegetation, surface water, improvements and any other natural or man-made characteristics on the property. The developer shall also present a sketch conventional subdivision layout plan conforming to the standards of the zoning district in which the property is located and also conforming to all other normally applicable requirements. The purpose of such a conventional plan shall be to determine the maximum permitted density (lot yield) for the property. A site inspection may be conducted to determine whether any of the following natural resources exist

•	Slopes exceeding 15%.
•	Areas with severe soil erosion potential, as defined by the Nassau County Soil Survey.
•	Lands within deepwater recharge areas and/or the Oyster Bay Special Groundwater Protection Area, as defined by the County Department of Health.
•	Flood hazard areas, as defined by the National Flood Insurance Program.
•	Shallow depth to groundwater, less than 20 feet.
•	Tidal and freshwater wetlands, including but not limited to those wetlands identified and classified by the New York State Department of Environmental Conservation.
•	Land within the Coastal Zone, as defined by the New York State Department of State.
•	Mature woodlands.
•	Habitat for rare, unique, threatened, endangered or protected species of plants and animals, as defined by the New York State Natural Heritage Program or federal or state law.
•	Local topographic phenomena, such as kettleholes, kames and high points.
•	Scenic views, corridors and open space.
•	Land adjacent to federal, state or county lands, state parkways, state and county highways, railroads and Town parks.
•	Officially designated local, state or federal historic landmarks.
•	Any other characteristics which the Town Board and the County Planning Commission find a conservation subdivision would serve to protect.

5.4.1.4 Conceptual meeting. Within 30 days of receipt of a conceptual or informal subdivision application, the Nassau County Planning Commission shall call for a meeting between representatives of the Town Board, the applicant and the County Planning Commission. At this time, the applicant's subdivision proposal and the characteristics of the subject parcel shall be reviewed with respect to the desirability of use of the conservation subdivision technique. The Town Board and the County Planning Commission may require the applicant to design a conservation subdivision. The applicant should be prepared to discuss types of housing units to be constructed, methods of preserving open space, density and efficient means of providing utilities and services to future residences. Any directives issued shall be presented to the applicant within 30 days of the conceptual meeting.

5.4.1.5 Submission of revised proposal. The applicant may then present the County Planning Commission with a proposal in accordance with the directives and recommendations resulting from the conceptual meeting. Within 30 days of the submission of a revised conceptual layout, representatives of the Town Board and the Commission shall meet and determine whether the applicant shall be authorized to proceed with a preliminary subdivision. The applicant may or may not be required to attend this meeting. This authorization to proceed does not in any way constitute any approval, but will direct the applicant as to whether to submit a plan for a conservation subdivision.

5.4.1.6 Preliminary subdivision application.

5.4.1.6.1 The applicant shall submit simultaneously to the Town and the County the necessary fees and drawings for a Town Board public hearing and for County Planning Commission subdivision approval. These drawings shall be in accordance with Town Board regulations for a public hearing, § 1610 of the County Government Law of Nassau County and the Subdivision Regulations of Nassau County. A listing of all proposed modifications from the requirements of this chapter and a draft agreement to preserve and maintain the open spaces shall also be submitted to the Town and the county.

5.4.1.6.2 Preliminary stormwater pollution prevention plan: A preliminary stormwater pollution prevention plan (SWPPP) shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards set forth in § 246-4.13.

[Amended 10-16-2012 by L.L. No. 3-2012]

5.4.1.7 Town Board public hearing. Upon submission of a preliminary subdivision application, the applicant shall request that a public hearing before the Town Board be held to consider Town Board approval of the use of a conservation subdivision. The Town Board shall establish the density of the parcel, the height and type of structures, the front, rear and side yard requirements, lot width, percentage of lot coverage, off-street parking and any other requirements it deems appropriate, including agreements on open space preservation and maintenance. The Town Board conservation plan approval shall be valid for one year. The Town Board may, by resolution, grant an extension of time where, in its sole discretion, there appear to be extenuating circumstances warranting said extension.

5.4.1.8 County Planning Commission approval. After approval of the use of a conservation subdivision by the Town Board, the applicant shall proceed with the preliminary and final subdivision review processes before the Nassau County Planning Commission in accordance with § 1610 of the County Government Law of Nassau County and the Subdivision Regulations of Nassau County.

5.4.1.9 Additional filing requirements.

5.4.1.9.1 The applicant shall file zoning modifications and agreements with the Town and County Clerks. Deeds for lands dedicated to the Town or county shall be filed simultaneously with the County Clerk. Two duplicate tracings and two copies of all agreements shall be filed with the Nassau County Planning Commission, or as otherwise required. The filed plat shall contain the signature of the Town Supervisor attesting to the modifications.

5.4.1.9.2 Final stormwater pollution prevention plan: A final stormwater pollution prevention plan (SWPPP), consistent with the terms of the preliminary plan approval, shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards set forth in § 246-4.13 and the approved final subdivision plat shall be consistent with said design criteria and standards.

[Amended 10-16-2012 by L.L. No. 3-2012]

5.4.1.10 Conditions.

5.4.1.10.1 The permitted number of building lots or dwelling units in a conservation subdivision shall not exceed the maximum number of lots permitted had the land been subdivided into buildable lots conforming to the minimum lot size and density requirements set forth in this chapter for the district in which said land is situated and shall conform to all other applicable requirements not modified by the conservation subdivision application. A buildable lot is that which may be developed without legal, geological or topographic hindrances preventing construction in a safe and sound manner. The number of lots will be determined by the Town Board based upon a subdivision layout prepared by the applicant in accordance with the property's zoning and all other applicable requirements.

5.4.1.10.2 The Town Board may require that the dwelling units be constructed as detached, semi-detached or attached structures.

5.4.1.10.3 In the event that the application of this procedure results in a plat or plats showing lands available for park, recreation, open space or other municipal purposes directly related to the plat or plats, then the Town Board, as a condition of plat approval, may establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the permanent preservation of such lands for their intended purposes.

5.4.2 Additional regulations for RMF, RNG, RPH and RSC Districts.

[Amended 11-9-2004 by L.L. No. 16-2004]

5.4.2.1 Units per building. In RMF, RPH and RSC Residence Districts, there shall be a maximum of eight dwelling units per building, except that the site plan reviewing agency may approve an increase to a maximum of 16 dwelling units per building where said agency determines that such structures would result in increased open space preservation or other such benefit to the Town.

In RNG Residence Districts, there shall be a maximum of six dwelling units per building except that the site plan reviewing agency may approve an increase to a maximum of eight dwelling units per building where said agency determines that such larger structures would result in increased open space preservation, improved site design or other such benefit to the Town.

5.4.2.2 Distance between buildings.

5.4.2.2.1 In RMF Residence Districts, the distance between any two main buildings shall equal at least the average height of such buildings at the points where they are nearest to one another. In any event, the distance between any two main buildings or any main building and any accessory building or between two detached accessory buildings on the same lot shall be not less than 25 feet. Any other provision notwithstanding, a minimum distance of 50 feet shall be maintained between the center of any legal window, other than a legal bathroom or kitchen window, and any wall of the same or of another building on the same lot, the plane of which is parallel to or which intersects the plane of the wall in which said window is located at an angle of less than 90°, such distance being measured in horizontal projection at the sill level of said window.

5.4.2.2.2 In RNG, RPH and RSC Residence Districts, the distance between any two main buildings shall equal at least the average height of such buildings at the points where they are nearest to one another. In any event, the distance between any two main buildings or any main building and any accessory building or between two detached accessory buildings on the same lot shall not be less than 20 feet. Any other provision notwithstanding, the distance between any two buildings shall also comply with the following:

5.4.2.2.2.1 A minimum distance of 30 feet shall be maintained between the center of any legal window, other than a legal bathroom or kitchen window, and any wall of the same or of another building on the same lot, the plane of which is parallel to or which intersects the plane of the wall in which said window is located at an angle of less than 90°, such distance being measured in horizontal projection at the sill level of said window.

5.4.2.2.2.2 A minimum distance of 40 feet shall be maintained between the center of any legal window, other than a legal bathroom or kitchen window, and any other window of the same or of another building on the same lot, the plane of which is parallel to or which intersects the plane of the wall in which said window is located at an angle of less than 90°, such distance being measured in horizontal projection at the sill level of said window.

5.4.2.3 Habitable area. In RMF Residence Districts, each dwelling unit shall have a minimum habitable area as follows:

Number of Habitable Rooms in Dwelling Unit	Habitable Area Required Per Dwelling Unit (square feet)
1	300
2	500
3	750
4 or more	750, plus 200 for each habitable room in excess of 4

In RNG Residence Districts, each dwelling unit shall have two bedrooms, a minimum habitable area of 1,200 square feet and a maximum habitable area of 1,500 square feet.

5.4.2.4 In RMF Residence Districts, no off-street parking spaces shall be located within the required front yard. In the RMF, RNG, RPM and RSC Residence Districts, there shall be a minimum distance of 10 feet between unenclosed off-street parking areas and residential buildings, which area shall consist of landscaping and/or walkways. Detached parking garages shall contain a minimum of three off-street parking spaces. At least one garage space shall be provided within each townhouse dwelling unit, and such garage space be set back at least 25 feet from the curbline.

5.4.2.5 Recreation areas, facilities and open space. In the RMF, RNO and RPM Residence Districts, a minimum area of 150 square feet of active recreation and child play areas shall be provided per residential dwelling unit. In the RNG, RPH and RSC Residence Districts, a minimum floor area of 10 square feet of usable indoor recreation area shall be provided per residential dwelling unit. In the RMF Districts, a minimum of 25% of the site. In an area(s) having a minimum width of 50 feet, shall be reserved for open space and recreational purposes. All recreational facilities shall be utilized only by on-site residents and their nonpaying guests.

5.4.2.6 In the RSC Residence District, all dwelling units shall be occupied only by persons who are 62 years of age or older, except that in the case of spouses and/or significant others, only one of the two occupants needs to be 62 years of age or older (hereinafter "qualified occupant"). Additional requirements for qualified occupants for these districts within the Town of Oyster Bay shall be outlined in a schedule, as approved by the Town Board of the Town of Oyster Bay.

[Amended 10-24-2006 by L.L. No. 11-2006]

5.4.2.7 In the RNG and RSC Residence Districts no basement or cellar shall be occupied as living or sleeping quarters. In the RMF and RPH Residence Districts a basement can only be occupied as living or sleeping quarters for management and/or custodial employees.

5.4.2.8 It is the purpose of the RNG District to provide first-time home buying opportunities with preference for residents and children of residents of the Town of Oyster Bay with the objective of encouraging such persons to remain in the Town and eventually transition into detached single-family homes as their household size and income level increases. Therefore, in the RNG Next Generation Residence District, the following regulations shall apply;

5.4.2.8.1 All next-generation housing units shall be owner occupied.

5.4.2.8.2 A dwelling unit owners' association shall be established for each next-generation housing development. The association shall be responsible for the ownership, maintenance, payment of taxes, liability and other expenses for all commonly owned facilities and land, and for all exterior portions of each individual townhouse and, where applicable, townhouse lot. Each individual townhouse owner shall be required to be a member of the association and shall be responsible for the payment of their proportionate share of all association expenses.

5.4.2.8.3 For the purpose of preventing overcrowding, occupancy of next-generation housing units by more than two persons per bedroom shall be prohibited.

5.4.2.8.4 The initial sales price of each next-generation housing unit, and the subsequent resale price of each such unit, shall not exceed three times the estimated median annual household income for a three-person household in the Town of Oyster Bay. Median annual household income by household size for the Town of Oyster Bay shall be estimated based upon the ratio of median annual household income for all households in the Town of Oyster Bay to the median annual household income for all households in Nassau County, multiplied by the median annual household income by household size for Nassau County, as reported annually by HUD. At the time of resale of next-generation housing units, the maximum permitted sales price shall be increased to include the actual cost of any permanent capital improvements which have been made to the dwelling unit.

5.4.2.8.5 The maximum permitted annual household income for purchasers of new or resale next-generation housing units shall not exceed 120% of the estimated median annual household income for a household of their size in the Town of Oyster Bay. If a contract with an income-eligible purchaser is not signed within a period of 120 days from the date that such a unit is first publicly offered for initial sale or for a period of 60 days from the date that such a unit is first publicly offered for resale, the seller shall no longer be obligated to sell to a purchaser within the household income limitations as set forth herein. However, all other requirements and/or preferences as set forth in this section shall remain applicable.

5.4.2.8.6 Notwithstanding the foregoing, the declaration and covenants on the deed to each dwelling unit shall be subject to and subordinate to any and all mortgages on the property held by a commercial bank, savings and loan association, credit union, savings bank, national bank, licensed funding company or licensed mortgage banker or the State of New York Mortgage Agency, its successors and assigns, and shall be extinguished by a sale at foreclosure by any of said lenders or a deed given to one of them in lieu of foreclosure.

5.4.2.8.7 The Town of Oyster Bay Department of Planning and Development shall be responsible for the administration of all next-generation housing zoning regulations, including making any necessary determinations or interpretations in connection therewith.

5.4.2.9 Next-generation housing in RMF Districts. In any RMF Zoning District, next-generation housing shall be permitted on a portion of a proposed development site, provided that such housing is built in accordance with the same standards, procedures and requirements as though such portion of the site is actually located within an RNG Residence District.

5.4.3 Additional regulations in the RO District.

5.4.3.1 Frontage. An application for change of zone to the RO District shall be considered only when the subject property has frontage on a street which has a minimum right-of-way width of 80 feet.

5.4.3.2 Number of employees. The maximum number of persons working in any building in an RO District at the same time shall be one person per 400 square feet of usable nonresidential floor space.

5.4.3.3 Entrance. A corner lot or double frontage lot shall have only one front yard, which shall face the primary entrance of the building. In an RO District, the location of the primary entrance shall be determined by the Department of Planning and Development, or duly authorized assistant, with consideration given to the size and location of pedestrian entrances to the building, the location of vehicular access and the street name listed in the postal address.

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.

5.4.3.5 Signs. Illuminated signs shall be equipped with an automatic device that will shut off the light source no later than 10:00 p.m.

5.4.3.6 No outdoor display. There shall be no display of products visible from any street or neighboring property in a residence district.

5.4.3.7 Architectural style. Any building, structure or addition thereto shall be designed and constructed so that the property maintains the character of a one-family dwelling.

5.4.4 (Reserved)[1]

[1] Editor's Note: Former Subsection 5.4.4, Additional regulations in the CB District, was repealed 2-23-2021 by L.L. No. 1-2021.

5.4.5 Additional regulations in the OB District.

5.4.5.1 Accessory active recreational uses. Accessory active recreational facilities planned for the use of on-site employees and their visitors shall be located at least 100 feet from any street or lot line and 200 feet from any property located in a residence district or used primarily for residence purposes.

5.4.5.2 Off-street parking and loading. Off-street parking, loading and truck maneuvering areas shall be located at least 100 feet from any street or lot line. No loading areas shall be permitted along any building wall that faces a street.

5.4.6 Additional regulations in the Waterfront-A and Waterfront-B Districts.

[Added 1-20-2004 by L.L. No. 2-2004]

5.4.6.1 Consistency with Town Code. The proposed use shall be in harmony with and promote the general purposes set forth under § 246-1 of the Code of the Town of Oyster Bay, New York.

5.4.6.2 Suitable lot area. The lot area of the subject parcel shall be sufficient and appropriate for the use and the reasonably anticipated expansion thereof.

5.4.6.3 Prevention of nuisance conditions. The proposed use shall not prevent the orderly and reasonable use of adjacent properties, particularly where adjoining parcels are located within different zoning districts.

5.4.6.4 Compatibility with adjoining uses and consistency with community character. The site shall be a suitable location for such a use, and if sited at that location, the proposed use will, in fact, be compatible with its surroundings and consistent with the character of the neighborhood and of the community in general, and particularly as it relates to its visibility, mass scale, and overall appearance.

5.4.6.5 Access, traffic flow, and transportation safety. Access facilities shall be adequate to accommodate the estimated traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion.

5.4.6.6 Parking. Where appropriate, adequate provisions shall be implemented to ensure the availability of off-street truck parking and loading spaces, that the number of off-street parking spaces are at or above and beyond the requisite number of spaces, and that sufficient area is provided for internal circulation, as set forth by §§ 246-7 and 246-8 of the Code of the Town of Oyster Bay, New York.

5.4.6.7 Buffers and screening. Adequate buffers and screening shall be established to protect adjoining uses from the potentially detrimental impacts of the proposed use.

5.4.6.8 Disposal of wastes. Suitable measures shall be taken for the collection and disposal of stormwater runoff, sewage, refuse, and other liquid, solid, and gaseous waste, which the proposed use will generate.

5.4.6.9 Environmental protection. The natural features of the site shall be such that the proposed use may be established there without substantial disturbance or degradation of important environmental features, systems, or processes, and without significant adverse impact to both ground and surface waters.

5.4.6.10 Public health, safety, and welfare. The uses proposed shall not have an adverse effect, in terms of public health, safety, and welfare; nor, shall such uses significantly affect public utilities.

5.4.6.11 Site design. The uses, landscaping, lighting, and buffering areas proposed shall be consistent with the Town Site Design Standards set forth under § 246-7 with preference given toward native landscape species.

5.4.6.12 Community character. The project design provides for the protection or enhancement of significant natural, historical, or architectural features within the proposed development area.

5.4.6.13 Consistency with adopted plans. The use, layout, design, buffering, and environmental controls of the proposed project shall be consistent with the spirit and intent of the uncodified recommendations of the duly adopted Final Recommendations of the Glenwood Landing Waterfront Redevelopment and Revitalization Plan; Summary of Recommendations to the Town Board (October 2002).

5.4.6.14 Scale of retail stores, personal service businesses, and marine-retail business complexes. The gross floor area of all retail stores, personal service businesses, and marine-retail business complexes on any lot within the Waterfront-B Zoning District shall not exceed 7,500 square feet.

5.4.6.15 Types and scale of offices. Offices proposed within the Waterfront-B Zoning District shall be professional offices (e.g., attorneys, dentists, doctors, real estate agents, architects, accountants, insurance salespersons, waterfront business owners, etc.) that are consistent with the character of a neighborhood business district, and which support the local community or are related to local water-enhanced or water-dependent uses. Total office space on a single lot shall not exceed a total gross floor area of 3,750 square feet or involve more than four separately operated office suites.

5.4.7 Additional regulations in the APO District.

[Added 9-21-2004 by L.L. No. 12-2004]

5.4.7.1 Legislative intent. It is the legislative intent of the Town Board of the Town of Oyster Bay to promote the public health, safety and general welfare by protecting both the quality and quantity of groundwater recharge into the sole source aquifers which provide drinking water for all residents, businesses and other uses in the Town of Oyster Bay and in Nassau County, through the establishment of special regulatory standards and procedures designed to control land use and development within the Oyster Bay Special Groundwater Protection Area, as designated by the Nassau County Public Health Code (Article X) and by the New York State Environmental Conservation Law (Article 55). For the purpose of so doing, the Aquifer Protection Overlay District is hereby established with standards and regulations which are in addition to those provided by the underlying zoning district and to those provided by other applicable federal, state, county and Town laws, regulations and statutes.

5.4.7.2 Boundaries. The boundaries of the APO District shall be as shown on the seven maps on the following seven pages entitled "Aquifer Protection Overlay Districts, Town of Oyster Bay, N.Y.,"[2] and as delineated in either Article X of the Nassau County Public Health Ordinance or in Article 55 of the New York State Environmental Conservation law, or in both.

[2] Editor's Note: Said maps are on file in the Town offices.

5.4.7.3 Development standards.

5.4.7.3.1 Protection of natural vegetation. In furtherance of the purposes and legislative intent as set forth in this chapter, the following limits are hereby established for clearing, grading or other such disturbance of natural vegetation:

5.4.7.3.1.1 Disturbance of natural vegetation. No disturbance of natural vegetation shall be permitted on any lot in an APO District (other than on residential lots which were legally in use for one- or two-family-residence purposes as of the effective date of this amendment or for changes affecting less than (1,000 square feet), until such time as a building permit, site plan approval, special permit approval and/or final subdivision plat approval is issued. If none of the foregoing are required, no disturbance of natural vegetation shall be permitted until such time as a site disturbance plan is submitted to and approved by the Department of Planning and Development. Such site disturbance plan, as well as any application for site plan, special permit or subdivision approval, shall delineate the specific areas to be disturbed and shall include a statement specifying the purpose and need for such disturbance, e.g., to create a drainage reserve area (DRA) rather than a detention basin (sump). The goals of the site disturbance plan, or any other plan for which approval is required, shall include the minimum necessary disturbance of natural vegetation and the preservation of the contiguity of any remaining areas of natural vegetation to the maximum extent reasonably feasible. The decision of the Department of Planning and Development shall be based upon the standards as set forth in § 5.4.6.3.1.2 below. If revegetation is required, the Department of Planning and Development may require that the applicant post a performance bond in an amount equal to the estimated cost of restoring any disturbed areas to their natural state. The term of said performance bond shall be for a period of not less than one year and shall not be released until the Department of Planning and Development has determined that the disturbance and restoration has been completed in accordance with the approved site disturbance plan, or other approved plan.

5.4.7.3.1.2 One-Family Residence Districts. The maximum permitted disturbance of natural vegetation on a residential 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:

Lot Area	Maximum Permitted Disturbance of Natural Vegetation
10,000 to 19,999 square feet	10,000 square feet plus 40% of lot area in excess of 10,000 square feet
20,000 to 43,559 square feet	14,000 square feet plus 35% of lot area in excess of 20,000 square feet
1 to 2 acres (43,560 to 87,120 square feet)	22,250 square feet plus 30% of lot area in excess of 1 acre
2 to 5 acres (87,120 to 217,800 square feet)	35,300 square feet plus 25% of lot area in excess of 2 acres
Over 5 acres (over 217,800 square feet)	68,000 square feet plus 20% of lot area in excess of 5 acres

5.4.7.3.1.3 Multifamily and nonresidence uses. The maximum permitted disturbance of natural vegetation for any multifamily or nonresidence use on a one acre or larger lot shall be 30,000 square feet plus 60% of lot area in excess of one acre. On a lot which is less than one acre in area, the maximum permitted disturbance of natural vegetation shall be 30,000 square feet. In either case, disturbance of natural vegetation shall be minimized by the approving agency to the maximum extent practicable.

5.4.7.3.2 Lot coverage. In furtherance of the purposes and legislative intent as set forth in this chapter, the following limits are hereby established for lot (impervious surface) coverage, except that, in conjunction with the reuse or redevelopment of any existing developed lot that has impervious surface coverage in excess of the maximum permitted limits as set forth below, such limits shall not apply but the amount of lot coverage shall nevertheless be minimized to the maximum extent practicable:

5.4.7.3.2.1 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:

Lot Area	Maximum Permitted Lot Coverage
10,000 to 19,999 square feet	4,000 square feet plus 20% of lot area in excess of 10,000 square feet
20,000 to 43,559 square feet	6,000 square feet plus 12% of lot area in excess of 20,000 square feet
1 to 2 acres (43,560 to 87,120 square feet)	8,830 square feet plus 10% of lot area in excess of 1 acre
2 to 5 acres (87,120 to 217,800 square feet)	13,180 square feet plus 8% of lot area in excess of 2 acres
Over 5 acres (over 217,800 square feet) acres	23,600 square feet plus 6% of lot area in excess of 5

5.4.7.3.2.2 Multifamily and nonresidence uses. The maximum permitted lot coverage for any multifamily or nonresidence use on a one acre or larger lot shall be 22,000 square feet plus 45% of lot area in excess of one acre. On a lot which is less than one acre in area, maximum permitted lot coverage shall be 22,000 square feet. In either case, lot coverage shall be minimized by the approving agency to the maximum extent practicable.

5.4.7.3.3 Hazardous materials. The disposal, storage, creation, manufacturing or treatment of any hazardous material is prohibited, except for the storage of such material in sealed containers for retail sale or for normal household use and fuel oil in sound storage vessels for on-site heating purposes. If any expansion is proposed of an existing nonresidential use which manufactures, generates, stores, discharges, uses or is involved in the transport of any hazardous materials either on, to or from a site in the APO District, a groundwater protection plan shall be prepared and submitted for Department of Planning and Development approval. Said plan shall provide a description of both the existing and proposed amount and composition of all such hazardous materials and shall include proposed implementation measures designed to mitigate, to the maximum extent feasible, any reasonable possibility that the groundwater supply may be degraded or contaminated in any way as a result of the approval and operation of the proposed new or expanded use.

5.4.7.3.4 Nassau County Department of Health approval. All proposed new residential subdivisions and new nonresidential developments within an APO District shall obtain approval from the Nassau County Department of Health demonstrating compliance with Article X "Groundwater Protection Regulation of Sewage and Industrial Wastewater" of the Nassau County Public Health Ordinance. Wherever public sewerage systems are available, to the extent practical, both multifamily and nonresidential uses within the APO District shall be connected to them.

5.4.7.3.5 Revegetation or new planting. Any proposed revegetation or other new planting on multifamily and nonresidential lots shall be of such type as will minimize the need for the application of fertilizers, pesticides and herbicides, and shall require minimal water usage through application of the principles of xeriscaping.

5.4.7.3.6 Best management practices. Best management practices (BMPs) shall be implemented for all new single-family subdivisions and in connection with the development and operation of multifamily and nonresidential uses in the APO District for the purpose of protecting groundwater and quantity. Said BMPs shall be consistent with generally accepted standards and, in addition to the requirements specified elsewhere in this chapter governing impervious surface coverage, clearing of natural vegetation, and the mitigation of potential impacts posed by hazardous substances in the APO District, may include, but not necessarily be limited to, the following:

•	Irrigation systems shall be designed to minimize water consumption. Wherever practicable, rain gauges and/or drip irrigation should be used to achieve this objective.
•	Where feasible, irrigation systems shall utilize recycled water, such as stormwater collected into detention ponds.
•	To the extent practicable, permeable surfaces shall be used instead of impervious pavement.
•	To the extent practicable, landscape plantings shall consist of water-efficient and drought-tolerant native or other vegetative species that are adapted to minimal irrigation and are resistant to diseases and pest infestations.
•	Areas of turf shall be minimized.
•	Planting designs shall group plants according to their water requirements for efficient irrigation.
•	Where appropriate, existing soil structure shall be improved by addition of amendments that increase the water-holding capacity of the soil.
•	An appropriate maintenance schedule shall be established for pruning, fertilizing, pest control and weeding to maintain the water efficiency of landscape plantings.
•	In general, and where appropriate, the use of drainage reserve areas (DRA's) is preferred to the use of Detention Basins (sumps).
•	Integrated pest management techniques shall be utilized to the degree practicable, including proper monitoring and soil testing, in order to determine the optimal timing for fertilizer and pesticide application. Site-specific conditions should dictate when these substances are used, rather than a routine application schedule which does not account for actual need.
•	Slow-release fertilizers shall be used whenever practicable.
•	Animal waste shall be collected and properly disposed of in a manner that minimizes the potential for groundwater contamination.
•	On-site mulching and composting including "don't bag it" practices for the management of grass clippings, shall be used in order to reduce the need for fertilizer application.
•	Solid waste collection and storage facilities shall be properly sealed to prevent leakage to the pound and shall be covered to prevent the infiltration of rainfall into the waste material.
•	To the extent practicable, traction aids and other suitable practices shall be implemented in order to minimize the use of chemical de-icing materials.
•	Storm drains shall be stenciled, or otherwise appropriately marked, to warn about the impacts associated with improper dumping of hazardous materials.
•	Runoff shall receive suitable pretreatment prior to discharge to infiltration structures.
•	Clean roof runoff shall be piped directly into the ground, rather than being allowed to flow overland in a manner that would mobilize contaminants on the land surface prior to the recharge of this runoff.
•	For projects that include the creation of man-made water bodies, suitable measures shall be implemented to control waterfowl populations.

5.4.7.4 Application requirements. In addition to the applicable requirements for the submission of site plan and/or special use permit applications in accordance with §§ 246-6 and 246-9 of this chapter, site plan and/or special use permit applications within the APO District shall also include a plan delineating all existing and proposed buildings, structures, paved areas and other impervious surfaces, all areas of existing and proposed vegetation, all areas of proposed disturbance to existing natural vegetation, all areas where pesticides, herbicides, fertilizers or other such chemicals may be applied and all proposed best management practices. The same shall also be required for subdivision applications.

5.4.7.4.1 Each subdivision, site plan and/or special use permit application shall also include a stormwater management plan and any other additional information or plans as may be required by the approving agency in order to ensure that the project mitigates, to the maximum extent reasonably feasible, any possible degradation or contamination of the groundwater supply as a result of stormwater runoff. Said stormwater management plan shall demonstrate that appropriate BMPs have been incorporated into the project design, and at a minimum shall include:

5.4.7.4.1.1 Suitable maps and associated construction plans and details showing existing site features and proposed alterations, highlighting the location and type of proposed stormwater management systems; and

5.4.7.4.1.2 A written statement explaining the natural and proposed drainage systems, a detailed description of projected runoff quantity and quality, and an explanation as to why certain BMPs were chosen for pollution control.

5.4.7.4.2 The stormwater management plan shall include provisions for the long-term maintenance of approved management measures, and shall address the degree to which the proposed measures comply with the following general standards:

5.4.7.4.2.1 To the maximum extent practicable, the site design shall incorporate natural drainage patterns and vegetation in order to maintain or improve predevelopment stormwater patterns and water quality.

5.4.7.4.2.2 To the maximum extent practicable, the generation of pollutants shall be avoided or limited, by means of appropriate source control measures (e.g., controlled usage of fertilizers, pesticides, roadway salts, etc.).

5.4.7.4.2.3 To the maximum extent practicable, runoff velocities and volumes shall be moderated in order to reduce the likelihood of pollutant transport, by means of measures such as directing flow over grassed water quality swales or other vegetated areas, storing runoff in constructed ponds or wetlands, and installing sand filters, organic filters and/or similar systems capable of removing nitrogen from stormwater.

5.4.7.4.2.4 Site runoff shall not be discharged directly to rivers, streams, or other surface water bodies, wetlands or vernal pools.

5.4.7.4.2.5 

In addition, new infiltration structures installed for stormwater management shall be separated:

[1] At least four feet vertically from the seasonal high water table;

[2] At least 100 feet horizontally from any water supply well; and

[3] At least 25 feet horizontally down-gradient from any subsurface sewage disposal system.

5.4.7.5 Conservation (cluster) development. The Town Board of the Town of Oyster Bay, pursuant to the authority granted to it by § 278 of the Town Law of the State of New York, and in furtherance of the purposes and legislative intent as set forth in this chapter, may permit or require applicants for subdivision approval in the Towns One-Family Residence Districts, to apply for conservation (cluster) development subdivision approval, except that in the case of properties which are 20 acres or larger and located in an APO District, conservation development shall be mandatory. In addition to the goal of increasing the amount of open space and natural vegetation to be preserved, any such conservation development plan shall also seek to maximize the contiguity of such preserved areas as well as the quantity and quality of groundwater recharge. The Town Board in each case may specify the minimum permissible lot area for one-family dwellings, the types of dwellings to be permitted, and any other special standards as it may determine appropriate, taking into consideration the size, location and nature of the property involved, as well as the purposes of this Chapter. The procedure for so doing shall be as set forth in § 5.4.1 of this chapter.

5.4.7.6 Nonconforming uses. Any legally existing use made nonconforming by this Section may be continued subject to the provisions of § 246-4.2 of this chapter.

5.4.7.7 Conflicting standards. If the provisions of any other federal, state, county or Town statute, law, rule or regulation imposes stricter standards to protect groundwater within an APO District, the more restrictive provisions shall prevail.

5.5 Individual standards and requirements for certain uses.

5.5.1 Accessory outdoor sales and display. The outdoor sale or display of merchandise, excluding perishable items such as fruit, vegetables, plants or flowers, shall require a permit from the Department of Planning and Development. Such use shall only be permitted if it is incidental to the permitted principal use and only on a temporary basis for special sale events, not to exceed two weeks in any six-month period. The display of any merchandise, perishable or otherwise, shall not be placed in any required parking or loading spaces, sidewalks or fire lanes, or be located in any required yards, and shall not exceed 15% of the indoor store floor area.

5.5.2 Agriculture. No storage of manure or odor or dust-producing substances shall be permitted within 100 feet of any side or rear lot line or within 150 feet of any street.

5.5.3 Animal hospitals. Outdoor runs, pens or other facilities used for the boarding of animals shall be set back at least 200 feet from any property in a residence district. The hospital shall be designed and operated in such a manner as to produce no objectionable noise, odors or other nuisances beyond the boundaries of the site on which it is located. Waste materials shall be stored and disposed of in accordance with all applicable federal, state, county and Town laws.

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

5.5.4 Antennas.

5.5.4.1 Purpose. In the interest of public health, safety and aesthetics, the Town Board has determined that it is necessary to provide reasonable regulations for the installation and maintenance of antennas.

5.5.4.2 Permit required. All antennas and wireless telecommunications facilities shall require a permit and any other approvals as required by Chapter 242, unless such antenna or wireless telecommunications facility is excluded as provided by § 242-4.

[Amended 9-12-2017 by L.L. No. 6-2017]

5.5.4.3 (Reserved)[1]

[1] Editor’s Note: Former Subsection 5.5.4.3, Application, was repealed 9-12-2017 by L.L. No. 6-2017.

5.5.4.4 Standards and requirements.

5.5.4.4.1 Freestanding antennas shall not be located in any minimum required side or rear yard.

5.5.4.4.2 Freestanding antennas shall not be located in any yard along a street line and shall conform with all setback requirements for accessory buildings as identified in § 246-5.3, Schedule of Dimensional Regulations,[2] but in no case shall any portion of an antenna be located less than 10 feet from any property line.

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

5.5.4.4.3 Not more than one freestanding antenna shall be permitted on any lot located in a residence district.

5.5.4.4.4 Every antenna must be adequately grounded for protection against a lightning strike.

5.5.4.4.5 Freestanding antennas shall be provided with fencing and/or evergreen plantings to screen the visibility of the antenna to the satisfaction of the Department of Planning and Development, while not interfering with operational requirements.

5.5.4.4.6 The design and location of antennas shall minimize visual impact on neighboring properties and streets.

5.5.4.4.7 The operation of any antenna shall not interfere with the radio, television, telephone reception or similar signals serving nearby properties and shall include appropriate anti-climbing measures.

5.5.4.4.8 Freestanding amateur radio antennas used for noncommercial purposes shall be permitted to be constructed to a height of not more than 35 feet above grade. Such an amateur radio antenna may exceed 35 feet in height above grade, provided it is retractable and does not exceed 75 feet in height above grade when frilly extended nor 35 feet in height above grade when fully retracted ("nested"). Such a retractable shall only be extended above 35 feet in height when actually being used for communications as part of amateur radio services.

5.5.4.4.9 All other freestanding antennas shall be permitted to be constructed to a height of not more than 18 feet above grade.

5.5.5 (Reserved)[3]

[3] Editor's Note: Former § 246-5.5.5, Apartments over stores or offices, as amended, was repealed 7-14-2020 by L.L. No. 4-2020 and 1-24-2023 by L.L. No. 1-2023.

5.5.6 Bars. No more than two amusement devices used in connection with and customarily incidental to a bar or tavern is permitted. In those districts where a bar is permitted as an accessory use, it shall only be permitted as an accessory use with country clubs and private membership clubs. Such accessory bars shall be limited to functions involving only members having all of the membership rights and privileges of the club.

[Amended 9-21-2004 by L.L. No. 11-2004]

5.5.7 Catering services. In those districts where catering services are permitted as accessory uses, such uses shall only be permitted with country clubs, private membership clubs and places of worship. Accessory catering services shall be limited to functions involving only members having all of the membership rights and privileges of the club or place of worship.

5.5.8 Colleges, universities or private schools.

5.5.8.1 The minimum required lot area for a college or university shall be 75 acres, and the minimum continuous street frontage shall be 400 feet.

5.5.8.2 The maximum total building coverage shall be 10%.

5.5.8.3 No buildings, parking or loading areas shall be located within 150 feet of any lot line.

5.5.8.4 No structure shall be erected in excess of three stories or 45 feet in height.

5.5.8.5 Private schools, including full curriculum religious schools, shall comply with New York State public school site size and layout requirements.

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

5.5.9 Wireless telecommunications facilities.

[Amended 9-12-2017 by L.L. No. 6-2017]

5.5.9.1 All antennas and wireless telecommunications facilities shall require a permit and any other approvals as required by Chapter 242, unless such antenna or wireless telecommunications facility is excluded as provided by § 242-4.

5.5.10 Country clubs. The minimum lot area shall be 50 acres. No building, parking or loading area shall be located within 50 feet of any street or lot line. The maximum building coverage shall be 2% of the lot area.

[Amended 9-21-2004 by L.L. No. 11-2004]

5.5.11 Day care, play care, nursery school and similar facilities.

5.5.11.1 Day-care facilities shall conform to the NYS Office of Children & Facility Services licensing requirements.

5.5.11.2 Any day care, play care, nursery school or similar facility with a capacity of more than 12 patrons, attendees or students in a residence district shall be permitted only on a lot with frontage on a street that has a minimum right-of-way width of at least 80 feet and with a minimum area equal to at least the minimum required lot size for a single-family dwelling in that district for each 12 persons' capacity, or portion thereof. For example, a proposed facility with a capacity of between 37 and 48 persons in an R1-10 District must have a lot area of not less than 40,000 square feet.

5.5.11.3 Required outdoor play areas for children shall be fenced on all sides, and landscaping or other screening shall be provided to the satisfaction of the Department of Planning and Development. Play areas shall not be located within any required yard setbacks.

5.5.11.4 A drop-off/pick-up plan shall be provided for each such facility. If the driver is to remain in the vehicle when picking up or dropping off the attendee, a separate drop-off/pick-up area shall be provided directly in front of the main entrance to the facility. Such area shall provide sufficient queuing space for at least one vehicle for each 12 persons capacity, or portion thereof, expected to attend the facility during the peak period of attendance, or as otherwise required by the Department of Planning and Development in order to provide for safe pick-up and drop-off. If the driver will be exiting the vehicle to bring the attendee into the facility, or to pick up the attendee, specific parking spaces shall be designated and reserved for such use. Such spaces shall be located in proximity to the main entrance to the facility, shall each be a minimum of 10 feet in width, shall be limited to a maximum of 10 minutes use, shall be appropriately signed, and shall be provided in sufficient quantity so that at least one such space will be available for each 12 persons capacity, or portion thereof, expected to attend the facility during the peak period of attendance, or as otherwise required by the Department of Planning and Development.

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

5.5.12 Domestic employees' residences.

5.5.12.1 Accessory living quarters for domestic employees may be located either in a one-family dwelling or in an accessory building.

5.5.12.2 Accessory living quarters for domestic employees shall be limited in size to a maximum of 1/4 of the habitable area of the one-family dwelling or 750 square feet of habitable area, whichever is less.

5.5.12.3 Any accessory building containing living quarters for domestic employees shall comply with the minimum setback requirements for principal buildings in the district in which it is located.

5.5.13 Drive-through services. All accessory drive-through services, excluding those for fast-food restaurants, shall be subject to site plan review by the Department of Planning and Development. Drive-through services for fast-food restaurants shall require special permit approval from the Town Board. Drive-through services shall provide per lane on-site queuing spaces as follows:

Fast-food restaurant	6 spaces
Car wash	10 spaces
All others	5 spaces

5.5.14 Home businesses and home offices.

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

5.5.14.1 Purpose. The Town Board recognizes that home businesses and home offices may provide benefits to the Town and to its residents through the opportunity to work at home for two-working-parent households, single-parent households and the handicapped, the reduction of peak-hour traffic on the roadway system and the added protection afforded by increased daytime population in residential neighborhoods. The Town Board also recognizes that unrestricted use of dwellings for nonresidence uses may create the potential for detrimental impacts on the primarily residential purposes and character of the residence districts, including increases in traffic, noise, odor, light, solid waste, utility services and other similar types of impacts. In order to prevent the potentially detrimental impacts of home businesses and home offices, the Town Board hereby enacts the following regulations.

5.5.14.2 Home office. The operation of a home office shall be permitted as-of-right so long as such use complies with all of the following standards and limitations:

5.5.14.2.1 All activity is conducted solely by a resident of the dwelling and no nonresident employees are involved.

5.5.14.2.2 All activity is conducted fully within the dwelling.

5.5.14.2.3 The maximum area in use as a home office is 300 square feet or 15% of the gross floor area of the dwelling unit, whichever is less.

5.5.14.2.4 The home office involves no business-related visits by patients, students, clients or others.

5.5.14.2.5 The home office does not involve merchandising, storage of materials or equipment or the exchanging of commodities by sale to persons who come to the premises or by shipment to or from the premises.

5.5.14.2.6 There is no sign or any other external evidence of the home office.

5.5.14.2.7 The use is strictly limited to typical home office functions only and there is no equipment other than light office equipment such as a typewriter, computer, fax machine, copier or postage meter.

5.5.14.2.8 There is no production of materials, other than written or computer-generated materials of a type and quantity typically associated with a residential hobby; and in no case shall there be any manufacturing, assembly or food preparation.

5.5.14.2.9 The home office does not generate significant demand for pick-ups and/or deliveries nor generate additional solid waste or sanitary sewage beyond that which would typically be expected from a dwelling without a home office.

5.5.14.3 Home business. Operation of a home business shall require special permit approval from the Zoning Board of Appeals and shall be approved only if the applicant demonstrates compliance with all of the following standards:

5.5.14.3.1 The home business shall be operated by a person residing on the premises who is a properly certified physician; psychologist; physical, occupational or speech therapist; chiropractor; dentist; licensed social worker; engineer; architect; lawyer; accountant; teacher; or who is conducting a similar type of professional activity.

5.5.14.3.2 No more than one nonresident employee shall be allowed.

5.5.14.3.3 All activity shall be conducted fully within the dwelling. Additionally, there shall be no display of the home business visible outside of the dwelling other than permitted signage and there shall be no outside storage of materials or equipment associated with the home business.

5.5.14.3.4 The maximum area in use as a home business shall not exceed 500 square feet or 30% of the gross floor area of the dwelling unit, whichever is less.

5.5.14.3.5 The maximum number of visits by patients, students, clients or other visitors shall be two per hour.

5.5.14.3.6 At least two additional off-street parking spaces shall be provided in addition to those required for the residence use. The off-street parking shall be buffered from neighboring properties and streets with fences and/or landscaping.

5.5.14.3.7 The home business shall not involve merchandising, storage of materials or equipment or the exchanging of commodities by sale to persons who come to the premises or by shipment to or from the premises.

5.5.14.3.8 A maximum of one sign not more than two square feet in area shall be permitted.

5.5.14.3.9 The creation of the home business shall not interfere with maintaining the character of the dwelling as a residence. The exterior of the dwelling shall not be modified to accommodate the home business in a manner that is inconsistent with the residential character of the neighborhood.

5.5.14.3.10 No production of materials other than written materials, computer-generated materials or a type and quantity of materials that might typically be created as part of a residential hobby shall be permitted; in no case shall any manufacturing, assembly or food preparation be permitted.

5.5.14.3.11 The nature and intensity of the home business shall not create hazardous or detrimental conditions or generate any objectionable noise, odors, fumes, lighting, glare or other adverse impacts.

5.5.15 Keeping of domestic animals. A maximum of six customary household pets above the age of six months shall be permitted per single-family residence and two per other permitted type of dwelling unit.

5.5.16 Keeping of farm animals. No building, structure or premises shall be erected, altered or used in any residence district for the housing, feeding or harboring of pigeons, fowl, swine, goats, horses, rabbits, foxes, mink and bees, except when authorized by special use permit from the Board of Appeals. No accessory building or structure or part thereof used for the housing of such farm animals shall be located less than 50 feet from any lot line.

[Amended 6-15-2021 by L.L. No. 6-2021]

5.5.17 Motor vehicle fuel sales and service, motor vehicle repair, auto body, tow car operations, car washing establishments, and public garages.

5.5.17.1 All repairs and or servicing shall be performed indoors.

5.5.17.2 In addition to the buffer and landscaping requirements of the site design standards[4] of this chapter, a buffer screening area of not less than 10 feet in width shall be provided along all abutting streets. Said buffer shall consist of planting of such type, height, spacing and arrangement as, in the judgment of the reviewing agency, will provide an attractive appearance from neighboring streets.

[4] Editor's Note: See § 246-7.

5.5.17.3 All fuel, oil or similar substances shall be stored at least 35 feet from any street or lot line unless stored in underground tanks. Underground tanks shall be buried at least three feet from any street or lot line, and the top of said tank shall be at least two feet below the surface of the ground. Tanks buried adjacent to buildings having basements shall be set back at least 10 feet from the foundations of those buildings. All such uses and setbacks shall comply with applicable rules and regulations of governmental agencies and the National Fire Protection Association Standards.

5.5.17.4 No automobile parts, dismantled vehicles or similar items shall be stored in the open.

5.5.17.5 Between the hours of 8:00 a.m. and 6:00 p.m., all motor vehicle fuel sales establishments shall provide at least one clearly identified full-service location for handicapped drivers.

5.5.17.6 Hours of operation. The reviewing authority may restrict hours of operation of motor vehicle fuel sales and service establishments because of proximity to residential areas. In any event, only those establishments with frontage on the following streets may operate between the hours of 10:30 p.m. and 6:30 a.m.:

•	Glen Cove Road.
•	Hempstead Turnpike.
•	Hicksville Road (between South Oyster Bay Road and Central Avenue).
•	Jericho Turnpike.
•	Merrick Road.
•	Newbridge Road (south of Old Country Road).
•	North Broadway (between Jericho Turnpike and West John Street).
•	North Hempstead Turnpike (west of Cedar Swamp Road).
•	Old Country Road (west of Manetto Hill Road).
•	South Oyster Bay Road (between Woodbury Road and Stewart Avenue).
•	Sunrise Highway.

5.5.17.7 Gasoline filling stations providing an air compressor for inflating tires to do so without charge. All gasoline filling stations which provide an air compressor capable of inflating automobile tires for the use of motorists shall do so at no charge to the user thereof.

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, father, brother, sister, grandparents, step-parents, step-child, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, grandchild, aunt (limited to a sister, natural-born or adopted, of the resident/owner's father or mother) or uncle (limited to a brother, natural-born or adopted, of the resident/owner's father or mother), living in the Town of Oyster Bay. It is also the Town Board's intent to allow the more efficient use of the Town's existing housing stock, to protect property values and to maintain the one-family character of R-1 Residence Districts.

[Amended 10-16-2012 by L.L. No. 3-2012; 6-26-2018 by L.L. No. 6-2018]

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.

5.5.18.2 A maximum of one parent-child residence shall be permitted on any lot.

5.5.18.3 The accessory residence shall be subordinate in area to the principal unit and shall contain a maximum of two bedrooms.

5.5.18.4 The principal use on the lot shall be a one-family dwelling.

5.5.18.5 A lot which contains a home office or home business shall not also contain a parent-child residence..

[Amended 6-26-2018 by L.L. No. 6-2018]

5.5.18.6 The principal building on the lot must continue to maintain the outward appearance of a one-family dwelling. Both units shall share a common building entranceway, doorbell, mailbox and electric meter.

5.5.18.7 A minimum of three off-street parking spaces shall be provided on the site to serve both units.

5.5.18.8 In making its determination, the reviewing agency shall give consideration to the character of the area, including the exterior appearance, the number of parent-child residences in the neighborhood in relation to one-family dwellings and traffic and parking conditions.

5.5.18.9 Approval of the Nassau County Department of Health shall be obtained prior to or as a condition of the issuance of the special use permit, unless the dwelling is connected to public sewerage.

5.5.19 Places of worship. The minimum lot area shall be one acre. Temporary structures, such as tents which are accessory to places of worship, shall be permitted to extend into required yards, provided that such placement of temporary structures is limited to two weeks' duration during any calendar year. Customary accessory uses associated with a place of worship shall include a carnival, subject to the approval by the Department of Planning and Development and provided such carnival is limited to two weeks' duration during any calendar year. Full-curriculum religious schools shall be subject to the same requirements as private schools.

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

5.5.20 Private garages, carports and storage sheds.

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

5.5.20.1 Detached private garages and storage sheds on certain lots. On any corner lot in an R1-6, R1-7, R1-10, R1-10/OHG, NB, or GB District, a detached garage may be erected on the innermost corner but not nearer to any street line than the projection of the building line of the main dwelling, and must meet accessory side and rear yard setbacks for the district in which it is located.

[Amended 8-9-2011 by L.L. No. 2-2011; 2-23-2021 by L.L. No. 1-2021]

5.5.20.2 Attached garages or carport. On any lot with a lot width of not greater than 65 feet, an attached garage may be erected with a total side yard of not less than 12 feet. Neither side yard shall be less than four feet.

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-street parking is provided on the site.

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

5.5.20.4 Small storage sheds. On any lot in an R1-6, R1-7, R1-10, R1-10/OHG, HD-III, NB, or GB District, a storage shed of 100 square feet or less may be erected in the rear yard but must be set back at least three feet from any lot line and must not be closer to any street than the setback of the principal dwelling.

[Amended 8-9-2011 by L.L. No. 2-2011; 2-23-2021 by L.L. No. 1-2021]

5.5.21 Private membership clubs. Where a private membership club is adjacent to any residence district, the minimum required setbacks shall be twice that otherwise required in the district in which the property is located.

5.5.22 Public markets.

5.5.22.1 The minimum lot size used for the operation of a public market shall be no less than 20 acres.

5.5.22.2 No vending or selling of any produce, merchandise or other material shall be permitted outside of any structure or building used or intended to be used as a public market and under permit from the Department of Planning and Development and any other body having jurisdiction thereof.

5.5.22.3 No floodlighting or string of lights shall be permitted beyond the hours of 8:30 p.m. during the months of October through March and 10:00 p.m. during the months of April through September.

5.5.22.4 The use of a public address system for the purposes of vending any wares, merchandise or materials is prohibited.

5.5.23 Rooming or boarding houses.

5.5.23.1 The minimum lot area shall be 12,000 square feet.

5.5.23.2 The minimum habitable area shall be 2,000 square feet.

5.5.23.3 The maximum building coverage shall be 25%.

5.5.23.4 At least one of the occupants shall reside on the premises and shall be the agent for the rental or lease of the rooms.

5.5.23.5 There shall be at least one annual inspection of each rooming and boarding house in the Town by duly authorized inspectors of the Department of Planning and Development.

5.5.24 Storage of vehicles. The parking or storage of vehicles on property in residence districts shall be restricted, as follows:

[Amended 7-22-2003 by L.L. No. 7-2003; 1-18-2005 by L.L. No. 1-2005]

5.5.24.1 Commercial vehicles. A maximum of one commercial vehicle, as defined herein, may be parked on any premises in addition to commercial vehicles parked during the act of loading or off-loading merchandise or during the act of performance of a commercial service or duty undertaken by the operator of such vehicle in connection with said premises. The permitted commercial vehicle must be used by a resident of the premises, must have a current registration, must have a maximum of two axles and must not exceed 20 feet in length and eight feet in height, nor be designed to refrigerate, cook or sell food or to carry a cargo of flammable or other hazardous materials. Any vehicle not conforming to the above requirements shall be removed within 60 days of tie effective date of this local law.

[Amended 10-16-2012 by L.L. No. 3-2012]

5.5.24.2 Unregistered vehicles. It shall be unlawful for any person to store or park more than one unregistered motor vehicle on a property in a residence district at any time. Such vehicle shall be stored or parked either in a garage or on a paved surface which complies with the locational requirements as set forth in § 8.2.6 of this chapter. A special permit may be issued by the Zoning Board of Appeals to park an additional unregistered vehicle(s), provided said vehicle(s) are parked within an approved garage.

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

5.5.24.3 Agricultural use vehicles. A commercial vehicle used for agricultural or horticultural purposes on the same premises as its storage shall be exempt from this section, provided it is not stored or parked outside, within 100 feet of any property line.

5.5.25 Security barriers.

5.5.25.1 Purpose. In order to better facilitate fire and police protection, preserve property values and enhance both the safety and attractiveness of commercial areas, the Town Board has determined that it is necessary to provide reasonable regulations for the installation and maintenance of security barriers.

5.5.25.2 A security barrier shall include any device intended to limit or block access to individual doors or windows on a building facade, or to an entire building facade. This term shall include, but not be limited to, window bars, fixed metal grilles and side-mounted or overhead-mounted retractable metal security gates or grilles, regardless of whether such devices are solid or semi-transparent. It shall not include strengthened vision glass, child safety gates, non-glass transparent materials, electronic alarms or security cameras.

5.5.25.3 Exterior security barriers prohibited. No new security barrier shall be placed on the exterior of any portion of a building facade visible from a street.

5.5.25.4 Preexisting exterior security barriers. Any exterior security barrier existing prior to the adoption date of this chapter is permitted to remain until such time as a new certificate of occupancy is issued for the premises on which said barrier is located.

5.5.25.5 Interior security barriers. Security barriers placed on the interiors of building facades shall be permitted, provided that such bather be solid or impermeable in nature. Barriers shall be of a type commonly referred to as the "grate" or "lattice" type, with a minimum of 80% of the gate area being of see-through composition. Barriers shall be fully retracted and out of view while a business is in operation.

5.5.26 Swimming pools.

5.5.26.1 No property owner shall commence construction of any in-ground swimming pool or aboveground swimming pool with a capacity of over 5,000 gallons on any property before obtaining a permit from the Department of Planning and Development. Said permit application shall be accompanied by plans indicating the width, length and depth of such swimming pool. In addition, a survey of the property upon which the swimming pool is to be located shall be filed with the application, and said survey shall specifically indicate the location of the proposed swimming pool, including all related deck area, fencing, landscaping, lighting and mechanical equipment. The applicant may be required to furnish complete plans, data and specifications regarding the pool if necessary to enable the Department of Planning and Development to evaluate the structure.

5.5.26.2 No portion of any swimming pool permitted by this chapter shall be located closer than five feet to any lot line or the minimum accessory building setback, whichever is greater. On a corner lot or a double frontage lot, the swimming pool shall comply with the front yard setback along all street frontages. The Department of Planning and Development may increase the setback requirements for a pool installed to serve a multifamily or nonresidence use.

5.5.26.3 Spill-offs and drainage from any swimming pool shall be controlled in a method approved by the Department of Planning and Development. Spill-offs and drainage shall not be permitted to flow onto adjacent property or roadways. Pool water shall be directed to flow into a drainage system designed to prevent erosion and to properly dissipate pool chemicals.

5.5.26.4 Fencing and screening. Adequate fencing shall be provided to completely enclose the outer perimeter of any pool or the perimeter of the yard in which the pool is situated, in accordance with applicable law. A building may serve as part of the fence enclosure, provided that such building complies with state and Town swimming pool enclosure regulations (including, but not necessarily limited to, self-closing, self-latching, lockable devices on any doors providing access to the pool enclosure). The fencing shall be located at least five feet from the pool edge, unless attached to any aboveground pool. Fences shall be constructed of metal, wood or other similar durable material, and shall contain no openings or projections which would be sufficient for climbing, as determined by the Department of Planning and Development. Fences shall be at least four feet but not more six feet above grade, shall be no more than one inch from the ground at the bottom at any location and shall be supported by posts that are no more than eight feet on center. All gates must be equipped with a self-closing, self-latching device located on the inside of the gate or door. Removable and/or hinged lockable ladders may be a sufficient substitute for fencing for aboveground circular pools only.

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

5.5.26.5 Any lights illuminating swimming pools shall be directed so as to eliminate direct rays of light on neighboring streets and properties. The filter pump and electrical switch, and other mechanical equipment, shall be in a vented enclosure or screened with dense evergreen planting, and shall comply with required setbacks for accessory buildings or required pool setback, whichever is greater.

5.5.27 Tennis courts. No property owner shall commence construction of a tennis court on any property before obtaining a permit therefor from the Department of Planning and Development. Said permit application shall be accompanied by plans indicating the width, length and precise location of said tennis court on a survey of the property. The applicant may also be required to provide information regarding materials and maintenance. No portion of any tennis court, including the fence immediately surrounding the court, shall be located closer than 10 feet from any lot line or the minimum setback for an accessory building, whichever is greater. The Department of Planning and Development may require an increased setback for a tennis court serving a multifamily or nonresidence use. The Department may also require evergreen screening, as it deems appropriate for screening purposes. Any lights illuminating a tennis court shall be directed so as to eliminate direct rays of light on neighboring streets and properties. All fencing shall comply with the provision governing fences as set forth in this chapter.[5]

[5] Editor's Note: See § 246-4.7, Provisions Governing Fences and Walls.

5.5.28 Two-family dwellings.

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

5.5.28.1 The minimum lot area for a two-family dwelling shall be 12,000 square feet.

5.5.28.2 The minimum habitable area of a two-family dwelling, not including garages, shall be 2,000 square feet.

5.5.28.3 At least one of the two dwelling units shall be owner-occupied.

5.5.28.4 A two-family dwelling shall only be permitted where it results from the conversion of a lawfully existing one-family dwelling which was constructed at least three years immediately prior to the filing of such application for a two-family dwelling; a certificate of occupancy for such one-family dwelling shall have been issued at least three years prior to the filing of such application for a two-family dwelling, unless such one-family dwelling was erected prior to May 4, 1943; and, no variances shall have been granted for the erection of the one-family dwelling.

5.5.29 Undertaking establishments. Sufficient driveway aisle width and length shall be provided on-site to permit the queuing of a minimum of eight vehicles forming a funeral procession. The applicant shall demonstrate that sufficient on-site loading area will be provided. An accessory dwelling unit for the manager or on-site custodian may be allowed.

5.5.30 Discotheques, dance halls, cabarets and nightclubs.

5.5.30.1 Discotheques, dance halls, cabarets and nightclubs in any LI Light Industry District shall not be permitted to be located within 500 feet of any lot on which is located a school, public park, place of worship, community center or other discotheque, dance hall, cabaret or nightclub, or within 1,000 feet of any residence district.

5.5.30.2 All discotheques, dance halls, cabarets and nightclubs shall be required to comply with all applicable laws, regulations and requirements of federal, state, county and Town agencies.

5.5.30.3 No discotheque, dance hall, cabaret or nightclub shall be permitted in any building used in whole or in part for residential purposes.

5.5.30.4 There shall be no outdoor display or advertising of any kind, other than signage as permitted in § 246-11 of this chapter.

5.5.31 Accessory uses in office buildings. For the purpose of minimizing traffic generation and maximizing convenience for office employees, the following uses shall be permitted as accessory uses in office buildings, subject to such uses being designed and operated for the exclusive use of employees within said building: fitness center and food service facilities. In addition, personal and business services, retail stores and banks shall be permitted, provided they do not occupy a total of more than 4% of the gross floor area of the office building.

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

5.5.32 Collateral loan brokers. Collateral loan brokers shall only be permitted to operate within the Town of Oyster Bay if such operation is conducted fully in accordance with Article 5 of the General Business Law of the State of New York, Chapter 94 of the Code of the Town of Oyster Bay and all other applicable requirements of law.

[Added 3-31-2009 by L.L. No. 3-2009]

5.5.33 Commercial Uses Abutting or Within one-hundred-foot radius of Residential Districts. The hours of operation of any establishment located in a nonresidence district which either abuts a residence district or is located within a one-hundred-foot radius of any residence district, excluding places of worship, shall be limited to the hours of 6:00 a.m. to 11:00 p.m., and deliveries to said establishment and operation of property maintenance and any other potential sources of noise disturbance shall also be limited to those hours. Uses that are lawfully existing prior to the effective date of this section shall be allowed to continue to operate between the hours of 11:00 p.m. and 6:00 a.m.

[Added 6-26-2018 by L.L. No. 6-2018]

5.5.34 Restrictions on sale of vaping and marijuana products, vape shops, hookah lounges, marijuana dispensaries and marijuana shops.

[Added 3-30-2021 by L.L. No. 3-2021]

5.5.34.1 Legislative intent. The Town Board finds that it is in the best interest of the Town of Oyster Bay and its residents to restrict the sale of vaping products and marijuana products and the location of vape shops, hookah lounges, marijuana dispensaries, and marijuana shops to particular areas. In addition, all establishments that sell vape products, e-cigarettes, hookahs and accessories, and marijuana and marijuana products will be required to display signage that explains the potential dangers in using such products.

5.5.34.2 

Definitions. As used in this local law, unless the context clearly requires otherwise:

CBD

Cannabidiol, a naturally occurring compound found in the resinous flower of cannabis.

ELECTRONIC CIGARETTES

Also known as "e-cigarettes," "e-vaporizers," or "electronic nicotine delivery systems," are battery-operated devices that people use to inhale an aerosol, which typically contains nicotine, flavorings, and other chemicals.

HOOKAH LOUNGES AND VAPE LOUNGES

Any facility or location whose business operation includes the on-site indoor smoking of electronic cigarettes, vape pens, vapors, and pipes, as defined herein, e-liquids, or marijuana derivatives, including only CBD, as defined herein, or other substances, but not including THC, as defined herein. "Smoking" includes the inhalation of the smoke/e-liquid nicotine/vapors waterpipe tobacco and other substances encased in electronic cigarettes, vape pens, vapors, and pipes commonly known as "hookah," "waterpipe," "shisha" and "narghile" or any similar device.

HOOKAH PIPE

A single or multi-stemmed instrument used by one or more persons to smoke tobacco or other substance, which hookah pipe is also commonly referred to as a "hookah," "waterpipe," "shisha" or "narghile."

MARIJUANA

Same definition ascribed to "marihuana" in NY Public Health Law § 3302: all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant, which seed is incapable of germination.

MARIJUANA DISPENSARY

A dispensary is a location (whether business or nonprofit) where patients or consumers can access prescribed marijuana (cannabis) in a legal and safe manner. Users get assistance from experts (bud tenders) who find an optimal dosage and recommend the delivery method to achieve optimal results when using medical cannabis.

MARIJUANA SHOP

Any establishment which offers for sale or consideration, for on-premises or off-premises consumption, if allowed by law, marijuana or marijuana derivatives, which contain THC, in any form, including cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquid, or any other product. This shall include recreational marijuana products, but shall exclude any nonprescription marijuana product or derivative that only contains CBD but not THC.

SUBSTANTIAL OR SIGNIFICANT PORTION

(1) "Substantial or significant portion" shall be determined using the following considerations:

(a) Amount of floor area and basement space accessible to customers and allotted to the sale or consideration of cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, other marijuana derivatives or like substances of any type, generally, or as compared to the total floor area and basement space accessible to customers; and/or

(b) Amount of cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, other marijuana derivatives or like substances stock-in-trade of any type accessible to customers, generally, or as compared to total stock accessible to customers; and/or

(c) Revenues derived from cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, other marijuana derivatives or like substances of any type, general, or compared to total revenues; and/or

(d) Advertising devoted to cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, other marijuana derivatives or like substances of any type, general, or compared to total advertising; and/or

(e) Use of the establishment for cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, other marijuana derivatives or like substances of any type, general, or compared to total use thereof; and/or

(2) Notwithstanding the above considerations, the following shall be conclusive in determining substantial or significant portion:

(a) Twenty-five percent or more of floor area and basement space accessible to customers allotted to cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, other marijuana derivatives or like substances of any type; and/or

(b) Twenty-five percent or more of its stock-in-trade in cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, other marijuana derivatives or like substances of any type; and/or

(c) Twenty-five percent or more of its gross income derived from cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, other marijuana derivatives or like substances of any type; and/or

(d) Twenty-five percent or more of its advertising devoted to cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, other marijuana derivatives or like substances of any type.

THC

Tetrahydrocannabinol, is the main psychoactive compound in carmabis that produces the high sensation.

VAPE SHOP

Any establishment which offers for sale or consideration, electronic cigarettes, electronic pipes, vape pens, vapors, e-liquid, marijuana derivatives, including CBD or other substances, but not THC, as a substantial or significant portion of its business, merchandise and/or stock-in- trade.

5.5.34.3 

Restrictions on location of hookah lounges, vape lounges, smoke shops, vape shops, marijuana dispensaries and marijuana shops.

(a) Hookah lounges, vape lounges, smoke shop, vape shop, marijuana dispensary or marijuana shop uses shall be allowable only in a Light Industry (LI) Zoning District subject to issuance of a special use permit by the Town of Oyster Bay Zoning Board of Appeals, and subject to the regulations set forth in this section. (See Section 246-5.2 schedule annexed.[6])

[6] Editor's Note: See Schedule of Use Regulations — Nonresidence Districts included as an attachment to this chapter.

(b) The lot line of any property whereupon exists a hookah lounge, vape lounge, smoke shop, vape shop, marijuana dispensary or marijuana shop shall not be located within a one-thousand-foot radius of the lot line of any lot zoned for residential use, any school, park, playground, library or church or other place of worship.

5.5.34.4 

Posting of signs.

(a) No person shall sell or continue to sell or distribute or continue to distribute electronic cigarettes, vape pens, vapors, e-liquids, hookah pipes, marijuana or marijuana products in the Town of Oyster Bay unless a sign is posted at the point of sale in a conspicuous place, that warns of the dangers of e-cigarettes, vape pens, vapors, e-liquids, hookah pipes, marijuana or marijuana products including, at a minimum, the following statement: WARNING: electronic cigarettes, vape pens, vapors, e-liqnids, and marijuana contain nicotine. Nicotine is an addictive chemical.

(b) Such sign shall be printed with letters at least one-half inch in height. Signs shall be protected from tampering, damage, removal or concealment.

5.6 Planned Unit Development (PUD) District. [1]

5.6.1 Legislative intent. The Planned Unit Development District (PUD) is conceived and enacted to promote and protect the public health, safety, property values and general welfare of the Town of Oyster Bay. This legislation is also enacted for the following purposes, in addition to those goals stated above:

5.6.1.1 To provide the opportunity and flexibility for the coordinated development and/or redevelopment of large parcels of appropriately located, industrially zoned land to accommodate residential communities in the form of modern, well planned, compatibly designed and comprehensively planned units.

5.6.1.2 To encourage the creation of visually appealing developments of quality design that help to foster a sense of community.

5.6.1.3 To promote developments which include an integrated mix of diverse housing types and supporting accessory uses that are not found in typical suburban subdivisions.

5.6.1.4 To augment the economic development of the Town through an increase in assessed valuation by encouraging the conversion of inactive or underutilized industrial properties into productive residential communities that meet existing and/or future housing needs.

5.6.1.5 To promote the preservation of commonly owned open space and recreational facilities for the benefit of all residents.

5.6.2 Interpretation and conflict with other provisions.

5.6.2.1 In applying the provisions of this section, the Town Board may make such interpretations as it determines to be consistent with the legislative intent of this section.

5.6.2.2 In the event of a conflict between the provisions of this section and other provisions of the Town Zoning Code, the provisions of this section shall govern.

5.6.3 Standards and requirements. All developments and site plans approved in this Planned Unit Development (PUD) District shall conform to the following standards and requirements:

[Amended 12-18-2012 by L.L. No. 4-2012]

5.6.3.1 Minimum area. The minimum site area for a PUD shall be at least 50 acres of contiguous land, not separated by any public street, and under common ownership at the time of application.

5.6.3.2 Location. A PUD site shall have at least 2,000 feet of frontage along a state or county road and shall be located entirely or substantially entirely in the LI Light Industrial District at the time of application.

5.6.3.3 Permitted uses. Within a PUD, a building or structure may be erected, altered or used and a lot or premises may be used for only one or more of the following purposes:

5.6.3.3.1 Residential dwelling units, provided the gross density over the entire PUD site shall not exceed one unit per 6,500 square feet of site area.

5.6.3.3.2 Accessory recreational facilities, including a clubhouse, for the use of PUD residents and guests.

5.6.3.3.3 Other uses customarily incidental and accessory to a planned residential community.

5.6.3.3.4 Other uses which, in the opinion of the Town Board, after a public hearing, meet the standards set forth in § 246-18, and are of the same general character as those listed as permitted uses and which will not be detrimental to this district.

5.6.3.4 Building setbacks. No building shall be constructed within 25 feet of any perimeter property line of a PUD. No minimum building setback shall be required from property lines which are internal to the PUD.

5.6.3.5 Building height. No building within a PUD shall exceed three stories or 40 feet in height measured from the mean average grade of the ground to the highest elevation of the roof.

5.6.3.6 Open space. Not less than 20% of the total site area shall be set aside as common open space, including a landscaped buffer area of not less than 25 feet along any adjacent public street or residential property line. Open space may include lands which are under water, but shall not include sites and structures which are designed and intended to be used for active recreational purposes.

5.6.3.7 Parking. Off-street parking shall be provided as required by § 246-8.2.1 of this chapter. Reasonable and appropriate off-street parking requirements for land uses which are not listed in § 246-8.2.1 of this chapter shall be determined by the Town Board at the time of review of the PUD plan. In establishing such parking requirements, the Town Board will consider the anticipated parking demands for each land use and the potential for the shared use of parking with other uses.

5.6.3.8 Fencing. No fencing shall be required in a PUD, except that required pursuant to the New York State building and fire code or that shown on an approved site plan.

5.6.3.9 Ownership. Any property proposed for PUD zoning and development may be owned by one or more persons, partnerships, limited partnerships, trusts or corporations, but must be presented as a single parcel at the time of application to the Town Board.

5.6.3.10 Application. Any petition for PUD zoning and application for related plan approvals shall comply with the application requirements and procedures as such may, from time to time, be established and/or amended by the Commissioner of the Town of Oyster Bay Department of Planning and Development.

5.6.3.11 Review fees and deposits. All PUD District applications shall be accompanied by an application processing fee in the amount of $100 per acre. In addition, the applicant shall be required to fund the cost of outside consulting services to assist the Department of Planning and Development with the review of such applications, if the Commissioner determines that such assistance is necessary. Each applicant shall bear the actual cost of review and shall be required to provide a trust deposit therefor to be placed in a town trust account, payable as follows:

5.6.3.11.1 An initial deposit of $15,000 at the time of the filing of the application.

5.6.3.11.2 Upon said amount being reduced to $3,000 or less, the account shall be replenished to the original $15,000 upon notification by the town.

5.6.3.11.3 Each additional deposit shall be made within seven days after notice from the town that said deposit is due. If such account is not replenished within 30 days after the applicant is notified in writing of such requirement, the Town Board may suspend its review of the application. In the event any funds remain in the trust fund, same shall be returned to the applicant. These fees shall be in lieu of all fees set forth in § 246-6.4 of this chapter.

5.6.4 Decision.

5.6.4.1 Legislative review considerations. The Town Board, without limiting its legislative discretion, shall consider at least the following matters in determining the suitability of any proposed PUD District zone change petition and PUD plan:

5.6.4.1.1 The extent to which the application serves to implement the legislative intent, purposes and goals of PUD zoning as set forth in this section.

5.6.4.1.2 The proposed mix of dwelling types and their planned design and arrangement on the site, including compatibility with site environmental conditions, and with neighboring streets and land uses.

5.6.4.1.3 The potential impact of the proposed development upon the area in which it is located, as well as upon the town and the region as a whole.

5.6.4.1.4 The adequacy of the phasing plan, if any, to ensure that development in each phase will be self-sufficient, should future phases be delayed or abandoned.

5.6.4.2 Town Board action. The Town Board shall either approve, or disapprove, the proposed PUD District zone change and approve, approve with modifications or disapprove the proposed PUD plan. Approval or approval with modifications of the PUD plan shall not be deemed to waive the town's and county's rights with respect to subsequent detailed reviews of any specific aspect of the proposed development as may be required pursuant to the subdivision and/or site plan review process.

A PUD District change of zone petition shall be granted only in conjunction with the simultaneous approval or approval with modifications of a PUD plan. The PUD plan, as modified by any conditions which may be established by the Town Board in its approval and/or in notations required to be placed upon said PUD plan maps and accompanying documents, will establish the zoning density and land use limitations thereafter applicable within said District.

5.6.4.3 Approval conditions. Any resolution of PUD plan approval or approval with modifications issued by the Town Board shall be subject to the applicant obtaining all necessary approvals, licenses and/or permits as may be required from other governmental agencies having jurisdiction thereof. As a condition of approval, each applicant shall be required to file such legal documentation as the Town Board determines necessary to provide for and ensure the proper future maintenance, use and ownership responsibility for all lands, common areas, facilities, utilities and services both within each section of the PUD, if more than one, and in relation to the PUD as a whole. Such documentation shall be in form and substance acceptable to the Town Attorney.

5.6.4.4 Amendments. Any proposed amendment to an approved PUD plan may be made only subject to the approval of the Town Board. Appropriate review of any such proposed amendment shall be required.

5.6.4.5 Site plan and subdivision approval.

5.6.4.5.1 Approval. The approval of a PUD District change of zone petition, and approval or approval with modifications of a PUD plan application by the Town Board, shall formally authorize the applicant to proceed with the detailed design, planning and engineering of the PUD and to submit an application to the Town Board for site plan approval, as appropriate and in accordance with the procedures and requirements for such applications as set forth in §§ 246-6 and 246-7. Notwithstanding the foregoing, a PUD applicant may proceed with the site plan preparation and approval process prior to the PUD zone change and PUD plan approval.

Applications for subdivision approval, where required, shall be submitted to the Nassau County Planning Commission. All such applications must conform with the requirements of the PUD District, the approved PUD plan and any findings or conditions issued by the Town Board in connection therewith.

Subdivision and/or site plan approvals, as appropriate, shall be required prior to the issuance of any building permit within a PUD District.

5.6.4.5.2 Improvements and performance bond. As a condition of site plan approval, the applicant shall be required to construct all necessary site and, where required, off-site improvements. In lieu thereof, the Town Board may allow the posting of a performance bond or other guarantees as may be determined necessary and appropriate to assure the timely and proper installation of said improvements in accordance with all applicable standards and requirements.

5.6.4.5.3 Expiration. Any approval, or approval with modifications, of a site plan within a PUD shall expire at the end of one year unless the applicant has initiated substantial construction and continues to diligently pursue such construction, or such time limit has been extended by resolution of the Town Board.

[1] Editor's Note: This section replaces existing L.L. No. 7-1999, adopted 12-14-1999.

5.7 Recreation (REC) District.

[Added 9-21-2004 by L.L. No. 11-2004]

5.7.1 Legislative intent. The Recreation (REC) District is conceived and enacted for the general purpose of promoting and protecting the public health, safety, property values and general welfare of the Town of Oyster Bay and its present and future residents. It is also enacted for the following specific purposes:

5.7.1.1 To protect the quality and quantity of groundwater recharge into the sole source aquifers which provide drinking water for all present and future residents, businesses and other uses in the Town of Oyster Bay and in Nassau and Suffolk Counties.

5.7.1.2 To help assure the preservation and protection of the limited remaining quantities of existing open space amidst the Town's pattern of primarily suburban development in such a way as to maintain the scenic beauty and visual appeal of the Town of Oyster Bay.

5.7.1.3 To prevent or reduce flooding through the preservation of wetlands and drainageways, and by the minimization of impervious surface coverage.

5.7.1.4 To protect visually and environmentally important natural features of the land, including, but not limited to, trees, ridgelines, steep slopes, rock outcroppings, wetlands, waterbodies, streams and habitat for rare, unique, threatened, endangered or protected species of plants or animals, as defined by state or federal law, consistent with the other purposes of this district.

5.7.1.5 To encourage the establishment of new, and the continuation of existing, facilities which serve the recreational needs of Town residents, employees and visitors.

5.7.1.6 For those Recreation Districts, or portions thereof, located within the Oyster Bay Special Groundwater Protection Area as designated by the Nassau County Public Health Code (Article X) and by the New York State Environmental Conservation Law (Article 55), to further the specific purposes of said laws.

5.8 Planned Unit Development/Residence-30 (PUD/R-30) District.

[Added 12-18-2012 by L.L. No. 4-2012]

5.8.1 Legislative intent. It is the legislative intent of the Town Board of the Town of Oyster Bay to promote the public health, safety and general welfare, to facilitate flexibility in the planning, design and implementation of multifamily residential site plans, to promote the efficient use of land, to encourage the establishment of multifamily residential communities to meet current and/or future housing needs in a manner that advances the economic development of the Town — and particularly, to encourage the productive reuse of deteriorated industrial properties, and to eliminate uses that are intrusive or incompatible with neighboring uses, especially with respect to nearby residential uses — by providing for a Planned Unit Development/Residence-30 (PUD/R-30) District.

5.8.2 Approval by the Town Board. The Town Board of the Town of Oyster Bay shall have approval authority in regard to any proposal for development of property in the PUD/R-30 zoning district, which authority shall include approval of the site plan in accordance with the standards set forth in § 5.8.4 herein. This authority shall be in addition to any other approval for which the Town Board has authority with respect to the proposed development.

5.8.3 Discretion of the Town Board. The standards set forth in § 5.8.4, below, are intended to provide the maximum amount of discretion to the Town Board in deciding whether a given proposal for development in the PUD/R-30 zoning district is in the best interests of the Town. This discretion shall include, but not be limited to, decisions regarding the number of housing units, layout and dimensional aspects of the proposed site plan, and proposed mix of residence types. In implementing the provisions of this section, the Town Board may make such interpretations as it determines to be consistent with the legislative intent set forth herein, in addition to any other authority conferred upon the Town Board by applicable laws, regulations, procedures and requirements.

5.8.4 Standards.

5.8.4.1 The following standards shall apply to the PUD/R-30 zoning district:

(a) A property proposed for rezoning to PUD/R-30 shall have a minimum size of 15 contiguous acres.

(b) Only properties which at the time of application are situated entirely in the LI Light Industrial zoning district shall be eligible for rezoning to PUD/R-30.

(c) The PUD/R-30 zoning district shall only be applied to a property which at the time of application contains a use or uses that are deemed by the Town Board to be intrusive or incompatible with neighboring uses, particularly with respect to nearby residential uses. Intrusiveness and incompatibility shall be evaluated in terms of adverse impacts to the surrounding area, including noise, airborne dust, odors, fumes, noxious emissions, heavy truck traffic, aesthetics, and similar parameters.

(d) Development of properties in the PUD/R-30 zoning district shall be limited to residential uses and related accessory uses, as set forth in § 5.8.4.2, below.

(e) The maximum dwelling unit density in the PUD/R-30 zoning district shall be 30 units per acre.

(f) Any site plan for development in the PUD/R-30 district shall also comply with the standards set forth in § 5.8.4.2, below.

5.8.4.2 The following standards shall be applicable to all development in the PUD/R-30 zoning district:

(a) Any application for rezoning to PUD/R-30 shall be accompanied by a proposed site plan for development pursuant to the standards for site plans set forth in § 246-6 of this chapter.

(b) The proposed site plan for development in the PUD/R-30 District shall be compatible with the existing land uses in the surrounding area in terms of community character, development density, building height, and other factors as deemed appropriate by the Town Board.

(c) In evaluating a proposed site plan for development in the PUD/R-30 district, due consideration shall be given to constraints that are present on the parcel proposed for development and any impacts with respect to these constraints that potentially would result from development under the proposed site plan. The evaluation of such constraints and potential impacts may include the physical characteristics of the land (e.g., steep slopes, significant vegetation and ecological habitat, surface water and groundwater resources, flood hazard areas, etc.), the adequacy of community services (e.g., water supply, sanitary waste disposal, emergency services, solid waste management, access to major roadways, etc.), and any other factors which the Town Board in its discretion may deem appropriate for inclusion in the analysis.

(d) All dwelling units within any development in the PUD/R-30 zoning district shall be occupied by the respective owners or co-owners of said units. Unit ownership shall be via cooperative corporation, condominium association, or other form as permitted under applicable law and acceptable to the Town Board. The respective family of the owner or coowners may also reside in each unit.

(e) The site plan for development within the PUD/R-30 zoning district may include any mix of multifamily housing types, including units that are restricted to occupancy by senior citizens and/or first-time home buyers, and units that have no age or prior ownership restrictions, as well price-controlled and market-rate units, as deemed appropriate by the Town Board.

(f) The site plan for development within the PUD/R-30 zoning district may include accessory recreational facilities, including a clubhouse, for the use of residents of the subject facility and their guests, and other uses customarily incidental and accessory to multifamily housing communities in the Town of Oyster Bay.

(g) As a condition to approval of any site plan granted pursuant to this section, the Town Board may impose any restrictive covenants it deems appropriate to ensure conformance with the legislative intent set forth herein and consistency with the Town's land use planning goals.

(h) The Town Board, in its discretion, may give due consideration to other factors in regard to the benefit that would be rendered to the Town by any given site plan for development in the PUD/R-30 zoning district, including, but not limited to, encouraging the positive redevelopment of other nearby properties so as to facilitate the broader goals of economic enhancement and community revitalization or other land use planning goal promulgated by the Town.

5.8.5 Procedures.

5.8.5.1 Application for site plan approval. Review of the proposed site plan for development in the PUD/R-30 zoning district shall be in accordance with the provisions of § 246-6 of this chapter and other applicable laws, regulations, procedures and requirements.

5.8.5.2 Town Board hearing required. Upon receipt of the recommendation of the Department of Planning and Development, and consistent with the timing requirements of the Town Environmental Quality Review Law[1] and other applicable laws, regulations, procedures and requirements, a public hearing shall be convened by the Town Board as part of the Town Board's deliberation on any proposed rezoning to PUD/R-30, as well as any associated site plan.

[1] Editor's Note: See Ch. 110, Environmental Quality Review.

5.8.5.3 Town Board action. Town Board action on the site plan for development in the PUD/R-30 district shall be incorporated into the Town Board's decision regarding the proposed rezoning to PUD/R-30.

5.9 Zoning for Hicksville Downtown District (HD).

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

5.9.1 Background, purposes and legislative intent.

5.9.1.1 Background and purpose.

Downtown Hicksville is home to one of the busiest train stations on Long Island, utilized by nearly 22,000 commuters a day. The area surrounding the train station has an opportunity for economic investment. Most LIRR passengers that access the Hicksville station come through the area without contributing to the economy of Downtown Hicksville.

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. The funding supported a community planning process where the community developed the key ingredients needed for successful downtown revitalization which were finalized in the Hicksville Downtown Revitalization Initiative Strategic Investment Plan (the "DRI Plan"). These ingredients included a clear vision for the downtown; goals and strategies to accomplish the vision; and a strategic plan to implement catalytic projects identified in the plan. Part of the implementation is the adoption of the Hicksville Downtown Zoning District regulations. The plan noted that the type of mixed-use development desired can be achieved with zoning that permits residential above ground-level commercial use, applies shared parking strategies and places parking in the rear of buildings. The Hicksville Downtown zoning provisions will allow the type of land uses desired and provides bulk regulations to achieve a uniform public realm. 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. This document provides guidance on building styles, features, and site design that will result in development that maximizes livability through good design.[1]

[1] Editor's Note: The Hicksville Downtown Design Guidelines and Development Standards are included as an attachment to this chapter.

5.9.1.2 Legislative intent. It is the intention that through the leadership of the Town of Oyster Bay and involvement of the Hicksville community and with public and private investment, that Downtown Hicksville will become a vibrant community where people will want to live, work, shop, dine, and enjoy leisure time. The majority of the downtown was formerly zoned Central Business (CB), a district that has been eliminated entirely. The establishment of the Hicksville Downtown (HD) District establishes development rules and procedures for three subdistricts that will result in a walkable transit-oriented mixed-use area in the vicinity of the Hicksville Train Station.

5.9.2 Establishment of the Hicksville Downtown Subdistricts.

5.9.2.1 HD Subdistrict boundaries are shown on the Town of Oyster Bay Zoning Map (Attachment 29) and in the image below. The Town of Oyster Bay Town Board, Zoning Board of Appeals, Planning Advisory Board and the Department of Planning and Development shall be guided by the provisions of this Code and the HD Design Guidelines on file with the Department of Planning and Development in the review and approval of land use applications within the Hicksville Downtown.

The HD Subdistricts provide the foundation for redevelopment as identified in the DRI Strategic Investment Plan. These zoning provisions together with the Hicksville Downtown Design Guidelines and Development Standards provide the required framework and standards to encourage investment to achieve the type of mixed-use development in the form desired for Downtown Hicksville consistent with the vision to create "a vibrant downtown that returns to its 'main street' character while improving opportunities for local business owners and incorporating new housing markets to create a model community; with an emphasis on walkability, open space, places to congregate and engaging commuters to view Hicksville as a destination - Not merely a transit hub."

5.9.3 Interpretation, conflicts and amendments.

5.9.3.1 Interpretation. Wherever there is a variation or conflict between these standards and other sections of Chapter 246, Zoning, these standards shall prevail. For development standards not regulated herein, the applicable sections of Chapter 246 and other development regulated by the Town Code shall apply. All development must comply with federal, state or other local regulations and laws.

5.9.3.2 Amendments to the Hicksville Downtown Design Guidelines and Development Standards. The Town of Oyster Bay Town Board may amend the Design Guidelines and Development Standards by local law as set forth in Article I of the Town Code of the Town of Oyster Bay.

5.9.3.3 Area variances. Any building permit, site plan, subdivision or special use permit application that does not meet the bulk and dimensional standards set forth in these standards shall require an area variance from the Zoning Board of Appeals.

5.9.4 Applicability.

5.9.4.1 Hicksville Downtown Subdistricts. The Hicksville Downtown District is comprised of the following three HD Subdistricts as plotted on the Official Zoning Map of the Town of Oyster Bay:

•	HD-I Hicksville Downtown Core Subdistrict;
•	HD-II Hicksville Downtown Gateway Transition Subdistrict; and
•	HD-III Hicksville Downtown Residential Subdistrict.

5.9.4.2 Descriptions of subdistricts and intent.

Subdistrict	Intent
Hicksville Downtown - I Downtown Core Subdistrict (HD-I)	The HD-I Subdistrict is the Downtown Core District and is the most active area in the downtown closest to the train station that allows up to four stories, depending on the size of the property. The intent of the HD-I Subdistrict is to allow transit-oriented development along primary roadways with a mix of residential and nonresidential uses and an active pedestrian environment around the Hicksville Train Station. Overall design objectives include: creating a dynamic downtown area with numerous restaurants, shops, and services to support the residents, commuters and visitors; strengthening the pedestrian sidewalk environment; minimizing gaps in building walls created by parking lots and buildings that do not extend to both side lot lines; encouraging active sidewalk environments through ground-floor transparency and access; and encouraging civic spaces and outdoor seating areas for public use.
Hicksville Downtown - II Downtown Gateway Transition Subdistrict (HD-II)	The HD-II Subdistrict is the Downtown Gateway Transition District and allows up to three-story buildings and a mix of uses. The intent of the subdistrict is to provide an active pedestrian environment with commercial and mixed-use along primary roadways while also preserving the existing neighborhood character along side streets in this subdistrict. The HD-II Subdistrict will act as a transitional area between the surrounding community and the HD-I Downtown Core Subdistrict. This subdistrict includes prominent entry corridors from surrounding neighborhoods to create attractive entry points to the Downtown Core. Development on these corridors will be less intensive than what is proposed in the HD-I Subdistrict, with a maximum of three stories. Townhouses are permitted on certain street types within this subdistrict.
Hicksville Downtown - III Downtown Residential Subdistrict (HD-III)	This subdistrict is the Downtown Residential Subdistrict. The intent is to promote investment in the existing residential neighborhood along East John Street by permitting townhouse development. This subdistrict will provide an appropriate transition between the residential neighborhoods outside of Downtown Hicksville and the future mix of uses in the HD-1 and HD-II Subdistricts.

5.9.4.3 Definitions. The following definitions apply to the Hicksville Downtown District. For terms that are not defined in this article, then the definition in § 246-2 shall apply. In the event that a definition in this article conflicts with a definition in another part of the Town Code, the definitions in this article shall control.

BREWPUB/DISTILLERY

A bar and/or eating establishment that produces beverages and sells its product to consumers on-site.

BUILD-TO-LINE

A line that is closest to the sidewalk at which construction of a building facade can occur on a lot. The build-to-line runs parallel to the existing front property line with the setback from the curbline determined by public frontage standards based upon the street type. See Section 246-5.9.8.3, Table of Public Frontage Requirements by Street Type.

COMMUNITY GARDEN

A piece of land or area that is gardened collectively by a group of people utilizing either individual or shared plots on public or private land. A community garden can produce fruit, vegetables, and/or plants grown for their attractiveness, and when located on building rooftops, must comply with applicable municipal building codes.

CURBLINE

A line at the face of the curb nearest to the street.

LINER BUILDING

A building designed to screen another building or use of less active frontage from a public view.

OUTDOOR DINING

An accessory use to a restaurant, brewpub, or other food establishment. See provisions in Section 246-5.9.5.4.

PUBLIC FRONTAGE

An area located between the curbline and the build-to-line. See Section 246-5.9.6 Public frontage requirements.

SHOPFRONT

Facade located on the street level of a building, creating an inviting pedestrian street environment by providing great transparency and visual attention to an activity inside of the building.

STREET TYPE

A classification assigned to a street denoting the standards of public frontage zones. See Section 246-5.9.8.2 Diagram of Street Types Locations for a map designating street types in the HD Subdistricts. The street types in Downtown Hicksville are as follows:

•	A Street Types: Downtown Mixed-Use
•	B Street Types: Downtown Commercial
•	C Street Types: Boulevard
•	D Street Types: Neighborhood Connector
•	N/S Street Types: Neighborhood Residential and Secondary Access Streets

ZONE, BUILD-TO

An area between the build-to-line and the maximum building setback, determined by public frontage standards based upon the street type. See Section 249-5.9.6.2.1.

ZONE, LANDSCAPE, UTILITY, AND INFRASTRUCTURE

An area between the curbline and the sidewalk zone, as determined by the public frontage standards. See Section 246-5.9.6.2.2.

ZONE, SIDEWALK

An area designed to accommodate for minimum unobstructed pedestrian passage. See Section 246-5.9.6.2.3.

ZONE, TRANSITION

An area of the public frontage that abuts the build-to-line and provides a transition between the building and public realm. See Section 246-5.9.6.2.4.

5.9.5 Permitted uses.

5.9.5.1 Permitted uses. Permitted uses within the Hicksville Downtown Subdistricts are provided in Table 246-5.9.5.1.

Table 246-5.9.5.1 Schedule of Use Regulations - Hicksville Downtown Subdistricts
Uses	HD-I	HD-II	HD-III
Residential
One-family dwellings			PP
Two-family dwellings (§ 246-5.5.28)			SP (ZBA)
Multifamily dwellings	PP	PP
Townhouses		PP1	PP
Rooming or boarding houses (§ 246-5.5.23)
Congregate-care assisted living facilities		PP
Parent-child residences (§ 246-5.5.18)
Accessory apartments
Apartments over restaurants or personal services	PP	PP
Apartments over stores or offices	PP	PP
Domestic employees' residences (§ 246-5.5.12)
Conversion of garage (§ 246-5.5.20.3)
Keeping of domestic animals (§ 246-5.5.15)	PA	PA	PA
Private garages and carports (§ 246-5.5.20)
Home businesses (§ 246-5.5.14.3)
Home offices (§ 246-5.5.14.2)	PA	PA	PA
Recreation
Country clubs (§ 246-5.5.10)
Game rooms	SP(TB)	SP(TB)
Active recreation uses, including bowling, tennis, golf driving ranges, miniature golf, batting ranges, skating and similar uses	SP (TB)	SP (TB)
Fitness centers, 3,001 square feet and larger	SP (TB)	SP (TB)
Fitness centers, 3,000 square feet or less	PP	PP
Marinas
Private membership clubs (§ 246-5.5.21)	SP (TB)	SP (TB)
Public parks	PP	PP	PP
Swimming pools (§ 246-5.5.26)	PA	PA	PA
Tennis courts (§ 246-5.5.27)	PA	PA	PA
Theaters	SP (ZBA)	SP (ZBA)
Public/Semi-Public
Cemeteries
Colleges or universities or private schools (§ 246-5.5.8)	PP	PP
Day-care, play care, nursery schools and similar facilities (§ 246-5.5.11)	PP	PP
Eleemosynary institutions	PP	PP
Hospitals, convalescent or nursing homes	PP	PP
Marine educational institutions
Municipal uses of Town of Oyster Bay (§ 246-4.1.4.1)	PP	PP	PP
Museums	PP	PP
Other governmental uses of federal, state or county agencies, or special purpose districts thereof (§ 246-4.1.4.2)	PP (TB)	PP (TB)	PP (TB)
Places of worship (§ 246-5.5.19)	PP	PP
Public schools	PP	PP
Technical or trade schools	PP	PP
Business
Accessory outdoor sales and display (§ 246-5.5.1)	SP (ZBA)	SP (ZBA)
Agriculture (§ 246-5.5.2)
Animal boarding facility
Animal hospitals (§ 246-5.5.3)
Banks	PP	PP
Bars (§ 246-5.5.6)	SP (ZBA)	SP (ZBA)
Boatyards
Brewpub/distillery	SP (ZBA)	SP (ZBA)
Business services	PP	PP
Catering services (§ 246-5.5.7)	SP (TB)	SP (TB)
Collateral loan brokers (§ 246-5.5.32)
Commercial greenhouses
Community garden	PP	PP	PP
Cabarets, discotheques, dance halls, nightclubs (§ 246-5.5.30)	SP (TB)	SP (TB)
Drive-through services, fast-food (§ 246-5.5.13)		SP (TB)
Drive-through services, other (§ 246-5.5.13)		PA
Landscape nursery, garden center
Public markets (§ 246-5.5.22)
Fast-food restaurants (in multiple-use building)	PP	PP
Fast-food restaurants (in freestanding building)	SP (TB)	SP (TB)
Fishing stations
Fish markets
Keeping of farm animals (§ 246-5.5.16)
Lodging places	SP (TB)	SP (TB)
Mariculture
Mariculture research and development facilities
Marine-retail business complexes
Office	PP	PP
Personal services	PP	PP
Professional, real estate and insurance offices	PP	PP
Restaurants (maximum permitted occupancy of 75 persons)	PP	PP
Restaurants (maximum occupancy of 76 or more persons)	PP	SP (TB)
Restaurants, sidewalk seating	PA2	PA2
Retail stores	PP	PP
Self-service storage facility
Undertaking establishments (§ 246-5.5.29)	PP	PP
Veterinary offices		PP
Water-dependent uses found to be beneficial and harmonious with the special permit requirements of the Waterfront-A District
Automotive
Motor vehicle fuel sales and service, motor vehicle repair, auto body, tow car operations, car washing establishments and public garages (§ 246-5.5.17)
Motor vehicle rental facilities		PP
Motor vehicle dealership
Parking structures (§ 246-7.5.3)	PA	PA
Outdoor motor vehicle sales
Storage of registered commercial vehicles
Storage of unregistered vehicles (§ 246-5.5.24)
Taxi or limousine service3	PP	PP
Industrial
Helipads
Light manufacturing uses
Lumberyards
Research and development uses
Warehouse, distribution and storage uses
Utility
Antennas (§ 246-5.5.4)	SP (ZBA)	SP (ZBA)	SP (ZBA)
Electric substations
Public utility buildings or structures
Radio and television broadcasting studios
Solid waste management facilities
Wireless telecommunications facilities	SP (ZBA)	SP (ZBA)	SP (ZBA)

Key: PP: Permitted Principal Use; PA: Permitted Accessory Use; SP: Special Permit Use; (TB): Town Board Approval; (ZBA): Zoning Board of Appeals

Notes:
1	Townhouses permitted on Street Types "D" Neighborhood Connector and "N" Neighborhood Residential (See Subsection 5.9.8 for street types and Subsection 5.9.6.5 for townhouse development standards/bulk regulation requirements in the HD-II Subdistrict).
2	See Subsection 5.9.5.4 for locations where sidewalk dining is permitted and for provisions.
3	Taxi or limousine service shall not include storage or maintenance of vehicles. Offices related to a taxi or limousine services and a drop-off/pick-up area or booth are permitted.

5.9.5.2 

Permitted rooftop uses in the HD-I and HD-II Subdistricts. For commercial/mixed use or apartments, the following rooftop uses are permitted accessory uses in the HD-I and HD-II Subdistricts:

a. Gardens, community gardens, green roofs or vegetated roofs.

b. Outdoor swimming pools.

c. Rooftop decks and seating areas.

d. Enclosed rooms, including restrooms on the roof will be considered an additional story if exceeding the maximum encroachment limits established in Subsection 5.9.6.1.2.

e. Rooftop uses that would result in an active use of the rooftop by residents or the public will require a public assembly license.

5.9.5.3 

Shopfronts required. Shopfronts are required along the following streets within the Hicksville Subdistricts:

a. Broadway.

b. Herzog Place (with the exception of townhouse developments).

c. Nelson Avenue (north of West Marie Street).

d. West Barclay Street.

Design standards for shopfronts are provided in the HD Design Guidelines.[2]

[2] Editor's Note: The HD Design Guidelines are included as an attachment to this chapter.

5.9.5.4 

Outdoor dining.

a. Outdoor dining is permitted on the following roadways:

•	Division Avenue (between West Nicholai Street and West Marie Street)
•	East Barclay Street
•	East John Street (Only on B Street section)
•	East Marie Street
•	East Nicholai Street
•	Frederick Place (Only on D Street section)
•	Herzog Place
•	Jerusalem Avenue
•	Nelson Avenue (north of West Nicholai Street)
•	West Barclay Street
•	West Carl Street (Only on D Street section)
•	West Cherry Street (between Jerusalem Avenue and Broadway) (Only on D Street section)
•	West John Street
•	West Marie Street (between Jerusalem Avenue and Broadway)
•	West Marie Street (between Nelson Avenue and Jerusalem Avenue)
•	West Nicholai Street (between Jerusalem Avenue and Broadway)
•	West Nicholai Street (between Nelson Avenue and Jerusalem Avenue)

b. Outdoor dining shall meet the following requirements:

•	Maximum occupancy shall be per NYS Building Code
•	Any outdoor dining shall be limited in area to 20% or less of the indoor dining seats
•	Any outdoor dining shall not require additional parking spaces over what is required for the indoor uses
•	Any outdoor dining must provide a sidewalk clearway of six feet
•	Outdoor dining requires Planning and Development Department approval
•	Outdoor dining shall be approved for a period from May 1 to October 31 each year, subject to renewal by the Department of Planning and Development
•	All tables and chairs utilized for outdoor dining shall be removed nightly and seasonally when not in active and continuous use on private property
•	Hours of operation of an outdoor dining area shall not be later than 11:00 p.m.
•	Any outdoor congregational area accessory use other than outdoor dining (i.e., brewpub/distillery or bar) shall be clearly defined. Any outdoor congregational area shall be subject to specific conditions determined by the Planning Advisory Board and will require Planning and Development Department approval during site plan review.
•	No private trash or refuse bins permitted in any outdoor dining area or outdoor congregation area

5.9.6 Bulk requirements and other development standards.

5.9.6.1 

Height. Maximum building height within the HD Subdistricts. Table 246-5.9.6.1 identifies maximum building heights by HD Subdistrict based upon lot width. No building or structure shall exceed the maximum height permitted in the HD Subdistricts prescribed for the property size. Additional flexibility in height at the reviewing agency's discretion is permitted for rooftop uses and decorative architectural details as described in Sections 246-5.9.6.2, 246-5.9.6.3 and 246-5.9.6.4 and in the HD Design Guidelines.[3] The permitted encroachments described herein supplement permitted encroachments included in Section 246-4.5 of Town Code.

Table 246-5.9.6.1

Hicksville Downtown Subdistrict

Maximum Building Heights by Lot Frontage

HD Subdistrict	Building Height (Maximum Permitted) by Lot Frontage
	Up to 60 Feet	Greater than 60 Feet and less than 100 feet	100 Feet and greater
HD-I	2 stories/30 feet maximum	3 stories/40 feet maximum	4 stories/50 feet maximum
HD-II		3 stories/40 feet maximum
HD-III	2 stories/30 feet maximum

i. Exception for permitted encroachment for rooftop use.

a. For mixed use and apartment buildings, the reviewing agency has discretion to permit an enclosed space to supplement outdoor rooftop uses that may exceed the maximum height by up to 15 feet as long as the enclosed portion is no more than 10% of the horizontal roof area, to a maximum of 600 square feet (excluding stairwells, elevator shafts, but including restrooms and elevator lobby areas) and be limited to passive gathering space; no cooking facilities or wet bar fixtures permitted in this space.

b. For mixed use and apartment buildings, the reviewing agency has discretion to permit pergolas or sunshades for outdoor patio use as long as they are set back a minimum of 10 feet from all roof edges, except a minimum of 20 feet is required when adjacent to a single-family residence district, or the HD-III Subdistrict. The sides of any pergola or sunshade must remain open and the total area of the rooftop pergolas and sunshades may not exceed 10% of the horizontal roof area, to a maximum of 600 square feet.

ii. Exception for significant architectural features. The reviewing agency has discretion to permit additional height up to 15 feet for no more than 10% of the horizontal roof area for an architectural feature, including but not limited to, clock towers and cupolas.

iii. Maximum rooftop encroachment. The total area of all rooftop encroachments, including encroachments permitted in Section 246-5.9.6.1.2 and 246-5.9.6.1.3 shall not exceed 30% of the horizontal roof area. Rooftop encroachments permitted in Section 246-5.9.6.1.2a, not exceeding 10% of the horizontal roof area, to a maximum of 600 square feet, and not exceeding a maximum height of 15 feet shall not be considered a story.

[3] Editor's Note: The HD Design Guidelines are included as an attachment to this chapter.

5.9.6.2 

Public frontage requirements.

4.	Sidewalk Zone
5.	Landscape, Utility, and Infrastructure Zone
6.	Public Frontage
7.	Travel and Parking Lanes
8.	Build-to-Line
9.	Curbline

i. Build-to-zone.

a. An area between the build-to-line and the maximum building setback, determined by public frontage standards based upon the street type. See Section 246-5.9.8.

b. The location of a building's facade can vary within this zone in order to allow design flexibility.

c. A partial or full front building facade can be located outside of the build-to-zone only to allow for public open spaces, plazas with outdoor dining or landscaping areas, while maintaining a strong visual and pedestrian connection with adjoining public frontage.

ii. Transition zone.

a. An area of the public frontage that abuts the build-to-line. See Section 246-5.9.8.

b. Provides transition between the building and public realm, and allows for typical encroachments including awnings, balconies on upper floors, planters, and outdoor seating (where permitted).

c. The surface of the sidewalk constructed within this zone shall seamlessly join the sidewalk within the sidewalk zone.

iii. Sidewalk zone.

a. An area designed to accommodate for minimum unobstructed pedestrian passage. See Section 246-5.9.8.

b. In areas where outdoor seating is permitted, seating may encroach into the sidewalk zone as long as there is at least six feet of unobstructed clear width for pedestrians.

iv. Landscape, utility, and infrastructure zone.

a. An area between the curbline and the sidewalk zone, as determined by the public frontage standards. See Section 246-5.9.8.

b. Allows placement of lighting, street and outdoor dining furniture and pedestrian amenities.

c. When located along roadways with vehicle traffic that frequently travels at faster speeds, this zone provides for additional separation and protection for pedestrians.

5.9.6.3 

Yard requirements.

a. Rear yard requirements. Properties in the HD-I and HD-II that are adjacent to residential zoning districts are required to provide a rear yard of 20 feet.

b. Side yard requirements. The minimum side yard within the HD Districts is zero feet, except for when a side yard is provided in which case the minimum shall be five feet. For townhouse units, see Subsection 5.9.6.6 for yard requirements.

5.9.6.4 Maximum building width. The maximum building uninterrupted building facade, regardless of ownership, shall be 60 feet.

5.9.6.5 Minimum apartment unit size. Minimum size of residential units constructed in the HD Subdistrict shall be 500 square feet.

5.9.6.6 

Standards for townhouses.

i. Townhouse standards for the HD-II Subdistrict:

a. In order to permit the construction of townhouses in HD-II a minimum of four townhouses must be proposed in any development scenario.

b. The minimum width for a townhouse shall be 25 feet.

c. For townhouse end units, the minimum side yard shall be 10 feet.

d. Any property or properties developed with townhouses shall have a minimum of 125 feet of frontage along a roadway.

e. Townhouses shall be oriented towards the street with the front facade (including porches, if proposed) within the build-to-zone of the corresponding street type with a narrow area in front of the townhouse for landscaping, i.e., the facade of townhouses should be located at the maximum setback from the curbline within the build-to-zone to allow for an area of landscaping.

f. Parking for the townhouses shall be shared, located behind the units, and accessible via alleyways or side streets.

ii. Townhouse standards within the HD-III Subdistrict.

a. Townhouses in HD-III Subdistrict must contain a minimum of four attached townhouses and up to a maximum of eight attached units.

b. The minimum width for a townhouse shall be 25 feet.

c. For townhouse end units, the minimum side yard shall be 10 feet.

d. Any property or properties developed with townhouses shall have a minimum of 125 feet of frontage along a roadway.

e. Townhouses should be set back from the curbline at 20 feet with landscaped front yards and individual driveways. However, the placement of townhouses should not result in a front yard setback that is significantly larger than the surrounding properties. In instances where inconsistent setbacks would result due to existing developments, as determined by the Department of Planning and Development, the average setback may be utilized to determine the building placement as per § 246-4.4.2.3.

f. Parking is permitted in driveways in the front yard (or side yards for end units).

g. Shared driveways between adjacent units are permitted to maximize efficiency and reduce the number of curb cuts.

h. The maximum impervious coverage permitted for townhouse development in HD-III shall be 65%.

i. Townhouse developments shall provide a rear yard of 25 feet.

5.9.7 Parking standards.

5.9.7.1 Minimum off-street parking requirements. Within the HD Subdistricts, all structures and uses shall be provided with a sufficient amount of off-street parking and loading spaces for employees, residents, visitors, clients, patrons and other persons who are likely or expected to be at such structures or uses, but not less than the minimum requirements provided in Table 246-5.9.7.1. Where the use is not provided in Table 246-5.9.7.1, see Section 246-8.2.1, Schedule of Off-Street Parking and Loading Requirements.

Table 246-5.9.7.1 Hicksville Downtown District Parking Requirements
Parking Requirements by Land Use	Parking Requirements
Townhouses	2 spaces/dwelling
Multifamily housing4
Efficiency unit (studio)	1.25 space/unit1
1-bedroom	1.25 space/unit1
2-bedroom	1.5 space/unit1
3-bedroom	2.0 space/unit1
4+ bedrooms	2.5 space/unit
Retail and personal service establishment	1 space/300 square feet of GFA
Mixed use with residential	1.25 space/residential unit; 25% reduction of required commercial spaces for restaurant, office and retail uses with parking provisions2
Restaurant
HD-I	1 space/4 persons occupancy or 1 space/300 square feet of GFA, whichever is greater
HD-II	1 space/3 persons occupancy or 1 space/200 square feet of GFA, whichever is greater
Office	1 space/200 square feet of GFA
Hotel	1 space/guest room and 1 space/employee
Theater
HD-I	1 space/50 persons and 1 space/employee3
HD-II	1 space/3 seats

NOTES:
1	At least one residential parking space must be dedicated for each unit. Where additional rooms are proposed in addition to a living room that may be used as bedrooms (i.e., as studies, dens, offices, playrooms), these will be treated as bedrooms for the purpose of calculating required parking.
2	See Section 246-5.9.7.3 for eligibility criteria for the 25% reduction in required commercial parking.
3	Required unless it can be demonstrated that adequate available parking is located within 1/4 mile of the theater during peak hours.

5.9.7.2 Loading spaces. Loading spaces to be provided based upon the requirements contained in § 246-8.2.1.

5.9.7.3 

Regulations for shared parking areas. Certain mixed uses may qualify for a reduction in required parking stalls. When such reductions are granted, the following requirements shall apply:

a. In order for a mixed-use development to qualify for a 25% reduction in the required commercial parking stalls, and the reduced parking requirements for residential units with two or more bedrooms, at least 10% of the gross floor area of the development must be utilized for commercial uses.

b. Signage denoting the shared parking area and any parking stalls reserved for residential uses must be installed on the property.

c. Alleyways and access to the shared parking area shall contain appropriate lighting for the safety and security of pedestrians.

5.9.7.4 

Screening for ground level parking.

a. Liner buildings, green walls, false facades or other appropriate screening, as approved by the reviewing agency, is required for ground level parking to ensure that the parking areas are not visible from the street.

b. Parking standards are provided in the HD Design Guidelines.[4]

[4] Editor's Note: The HD Design Guidelines are included as an attachment to this chapter.

5.9.8 Street types. The intent of designating street types is to create uniformity in the public realm. Whereas in other districts (outside of the HD Districts), building setbacks are measured from the property line, in the HD District, to create this uniform pedestrian zone - a build-to-line is established which is measured from the existing curbline at the edge of the street. The street types within the HD Subdistricts identify standards for the required public frontage, including setbacks from the curbline and various zone widths within the pedestrian realm.

5.9.8.1 Diagram of Street Types Locations.

5.9.8.2 Street types regulations.

Downtown Mixed Use (A-Street)
a.	Downtown Commercial Frontage Diagram
b.	Downtown Mixed Use, A- Streets, are characterized by high pedestrian volumes which benefit from vibrant shopfronts and wide sidewalks intended to encourage pedestrians to linger and interact, while still providing ample room for pedestrian traffic.
c.	Transition zone character varies based on use (chairs and tables at restaurants or cafes, planted areas or stoops at residential entrances and sidewalk retail for stores).
d.	The amenities provided in the transition zone are permitted to encroach into the sidewalk zone, as long as an unobstructed pedestrian clearway of at least six feet is provided.

Downtown Commercial (B-Street)
a.	Downtown Commercial Frontage Diagram
b.	Downtown Commercial, B- Streets, are categorized by high volumes of pedestrian activity, and a mix of commercial uses with shopfront frontages.
c.	The overall scale of these streets is slightly smaller than Downtown Mixed-Use, A- Streets, and have somewhat narrower sidewalks.
d.	The focus is on providing active frontages and many entrances to shopfronts featuring small businesses lining the street.
e.	Amenities provided in the transition zone are permitted to encroach into the sidewalk zone as long as an unobstructed pedestrian clearway of at least six feet is provided.

Boulevard (C-Street)
a.	Boulevard Frontage Diagram
b.	Boulevards, C-Streets, (Newbridge Road and Broadway) are New York State roadways (NY SR 106 and NY SR 107), are characterized by a strong building edge and continuous rows of trees to provide a buffer between pedestrians and high-speed traffic.
c.	Along boulevards, the landscape, utility and infrastructure zone provides an area where green infrastructure may be appropriate to reduce stress on the existing stormwater infrastructure

Neighborhood Connector (D-Street)
a.	Neighborhood Connector Frontage Diagram
b.	Neighborhood Connector, D-Street, balances the needs of visitors passing through the area with residents who live and work along the street.
c.	Regularly spaced trees and lighting in the landscape, utility and infrastructure zone provide unifying elements on streets.

Neighborhood Residential/Secondary Access (N & S Streets)
a.	Neighborhood Residential/Secondary Access Frontage Diagram
b.	Neighborhood Residential/Secondary Access, N&S Streets, are intended for slower speeds, less frequented/activated sidewalks and narrow public frontage.
c.	The landscape, utility and infrastructure zone can accommodate street trees, utilities, and a relatively narrow, but unobstructed sidewalk.

5.9.8.3 Table of Public Frontage Requirements by Street Type.

Street Type		Public Frontage				Build-to-Zone (feet)
		Total Width Minimum/Maximum (feet)	Landscape, Utility, and Infrastructure Zone Minimum (feet)	Sidewalk Zone Minimum (feet)	Transition Zone Minimum (feet)
A	Downtown Mixed Use (A-Street)	22/23	6 to 8	10 minimum (12 preferred)	3	5
B	Downtown Commercial (B-Street)	18/21	5 to 8	8 minimum (10 preferred)	3	5
C	Boulevard (C-Street)	16/19	5 to 8	6 minimum (8 preferred)	3	5
D	Neighborhood Connector (D-Street)	13/14	5	5 minimum (6 preferred)	3	8
N	Neighborhood Residential (N-Street)	10/10	3	4	3	8
S	Secondary Access Street (S-Street)	10/10	3	4	3	8

5.9.9 Additional development requirements.

5.9.9.1 Hicksville Downtown Design Guidelines and Development Standards. New development and redevelopments shall follow the Hicksville Downtown Design Guidelines and Development Standards which are provided as a supplement to this article.[5]

[5] Editor's Note: The HD Design Guidelines are included as an attachment to this chapter.

5.9.9.2 

Signage. Signs shall be consistent with see § 246-11, with the following clarification and guidelines.

A. For development within the HD-I and HD-II (other than for townhouses), signs may be permitted to encroach within the transition zone as designated by its street type.

B. Lettering on awnings are treated as signs. The lettering shall be less than or equal to 12 inches in height and not cover more than 10 square feet. Only the name/logo and address/phone number of the business may be printed on the awning.

5.9.9.3 Landscaping. On-site irrigation systems, including watering systems and timers, are required to ensure proper maintenance and upkeep of landscaped areas.