The term applies to a dwelling unit either attached to or within a single-family principal dwelling or located on the same lot in an accessory structure and having an independent means of access.

The term applies to a building or other structure customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

The term applies to a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

Land used in agricultural production as defined in NYS Agriculture and Markets Law Article 25-AA, § 301, Subdivision 4.

See terms defined in § 138-37B.

Activities conducted on a farm operation as defined by New York State Agriculture and Markets Law and this chapter, and offered to the public, or to invited groups, for the sale of agricultural products, education, recreation or active involvement in the farm operation for the purpose of contributing to the production, preparation and marketing of crops, livestock, or livestock products grown on the farm. An agritourism activity must be secondary to the primary farm use on a property. Agritourism activities must be used as part of the direct marketing strategy of the farm operation and the primary purpose of the activity must be to sell the farm's products/services, not to serve as a recreational use of the land. Agritourism activities may be conducted in an accessory building or structure. Agritourism activities may include but are not limited to on-farm bed-and-breakfasts, farm stay programs, u-pick operations, maple sugaring, and pumpkin patches.

On-farm special events shall be considered agritourism activities when used to help market, the farm operation's crops, livestock and livestock products. Events and activities must be 1) directly related to the sale and promotion of the crops, livestock of livestock products produced at the farm, 2) be incidental and subordinate to the retail sale of the farms crops, livestock or livestock products, and 3) hosted by the farm, and 4) feature the farm's crops, livestock and livestock products.

A written statement required when certain land use determinations within 500 feet of a farm operation located in a NYS Agricultural District takes place. The statement must include information about the proposed project, and is included in the application for project approval. A notice of the project application is mailed to owners of land associated with the neighboring farm operation identified in the statement. The Planning Board is required to evaluate and consider the statement in its review of possible impacts of a project on nearby farm operations.

That portion of the Town of Ballston that is included in the New York State Certified Agricultural District established as per State Agriculture and Markets Law Article 25-AA.

A facility no larger than 5,000 square feet where animals are killed and processed into meat foods, or a facility where plants and plant products are processed into canned, frozen, or fresh food products.

A structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place of human habitation but used in the raising, growing or storage of agricultural products by a farmer engaged in a farming operation, including, but not limited to, barns, sheds, poultry houses and other buildings and equipment on the premises used directly and solely for agricultural purposes.

The raising of domestic animals, including, but not limited to, chickens and livestock, for personal use customarily associated with household consumption and when there is no sale of any agricultural product.

The production, keeping, or maintenance, for commercial sale of plants and animals, including, but not limited to, forages, grains and seed crops, dairy animals, poultry, livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, including the breeding and grazing of these animals, bees and apiary products, fur animals, fish farming, fish hatcheries, fruits, vegetables, nursery, greenhouse, or flowers. Includes a horse boarding operation. See also "farm operation."

As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or enlargement, whether by extending on a site or by increasing in height, or the moving from one location or position to another.

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

The sound level of the all-encompassing sound associated with a given environment, being usually a composite of sound from many sources.

See NYS Agriculture and Markets Law, Article 25-AA, § 301, Livestock, and amended/or successor laws.

A structure containing three or more dwelling units. An apartment unit is one or more rooms with private bath and kitchen facilities constituting an independent, self-contained dwelling unit in such a building. See also "multiple dwelling."

The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.

The total area within the property lines, excluding external streets.

A building or a part of a building whose principal use is the assembly of 50 or more people for such uses as lodges, clubs, banquet rooms, etc. Community services are excluded from this category.

The use of any area or portion of any lot or plot, whether inside or outside a building, for the temporary storage of automobiles awaiting dismantling or the dismantled parts of automobiles or the dismantling, cutting, demolition and burning of automobiles.

The average size of all lots to be subdivided from a parcel. Use of an average lot size instead of a minimum lot size in the Rural District allow for easier protection of open spaces. Parcels subdivided using an average lot size reduces individual lot areas and bulk requirements but the number of lots remains the same as permitted without lot averaging. Average lot size procedures are in § 138-28.

A story partly underground.

An owner-occupied residential building also used for renting accommodations to transient, fee-paying guests, and providing not more than one meal daily to guests only. Not more than 10 rooms may be let.

A sign that is maintained by a business which contracts to advertise for other businesses.

Any place at which there are kept any number of dogs for the primary purpose of sale or for the boarding, care or breeding for which a fee is charged or paid.

A private dwelling in which at least four but not more than 10 sleeping rooms are offered for rent and table board may be furnished to roomers and in which no transients are accommodated. A rooming house or furnished room shall be deemed a boardinghouse.

The manufacture and sale of any beer, wine, cider or spirits made from a New York State licensed farm brewery, farm winery, farm cideries, farm distillery, or from any facility that manufactures or sells New York State labeled beer, wine, spirits or cider pursuant to Article 4 of the New York State Alcohol Beverage Control Law.

An undeveloped part of a property or an entire property specifically intended to separate and thus minimize the effects of a land use activity (e.g., noise, dust, visibility, glare, etc.) on adjacent properties. Natural vegetative covers existing within the buffer area shall be encouraged to be preserved as part of that buffer to the maximum extent practical.

The line at which placement of the edge of a building is to occur on a lot, running parallel to the front property line, and thus ensuring a uniform (or more or less even) building line on the street. The edge of the building is considered to be the outside face of the foundation, or if applicable, any point of the building that extends more than one foot over the outside face of the foundation such as eaves, overhanging gables, decks, porches, stairways.

Any structure having a roof supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or chattel.

The area encompassed by a building's outer wall at ground level.

The line parallel to the street right-of-way line touching that edge of a building closest to the street. The edge of the building is considered to be the outside face of the foundation, or if applicable, any point of the building that extends more than one foot over the outside face of the foundation such as eaves, overhanging gables, decks, porches, stairways. See also "setback."

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to a mean height between eaves and ridge for gable, hip and gambrel roofs.

A building in which is conducted the main or principal use of the lot on which said building is situated.

A building used primarily for conducting the affairs of a business, profession, service, industry, or government, or like activity that includes one or more rooms and generally furnished with desks, tables, files, and communication equipment.

Any area of land or water on which are located two or more cabins, tents, trailers, camp cars, shelters, houseboats or other accommodations of a design or character suitable for seasonal or other more or less temporary living purposes and wherein no such accommodation is occupied more than four months of the year.

A facility licensed by New York State Office of Cannabis Management to sell adult-use, medical, and cannabinoid hemp. Must adhere to the Office of Cannabis Management Adult-Use Retail Dispensary regulations.

See "basement."

Any use that substantially differs from the previous use of a building or land. It includes the change of use of land, or buildings, structures, or other improvements on land, from either residential, commercial or industrial to one of the other uses. It further includes a change in the nature, substance, or intensity of the same use if such change affects any of the usual elements involved in site plan review such as, but not limited to parking, drainage, traffic, signage, building arrangements and nuisance factors such as lighting or noise, including, but not limited to, changes to parking lots. A change of occupancy or change of ownership in and by itself shall not be construed as a change of use.

The area encompassed by a building's outer wall at ground level for activities carried out for profit involving the sale of goods or services, or production of goods for sale.

A nonagricultural activity involving the sale of goods or services carried out for a profit.

A dwelling wherein more than one unrelated individuals reside based upon placement or the authority of a local, state or a federal agency, or of New York State under Volume B-1, Title 18, Articles 4 through 7. A community residence shall be considered a functional family unit which is an integral component of a recognized program of physical or mental health rehabilitation or other custodial supervision and care living arrangements in a one-family dwelling, with or without resident supervisory personnel. This term shall not include nursing homes, dormitories, or similar facilities.

Not-for-profit or social service establishments providing assistance, programs, and aid to members of the community.

An application for development that includes all required documents and submittals pursuant to this chapter, and where a negative declaration has been made or a draft environmental impact statement has been accepted by the reviewing agency.

The Town of Ballston Comprehensive Plan, dated December 2005 and adopted by the Town Board on June 12, 2006, and any subsequent updates or amendments.

Housing consisting of a complex of dwelling units in which each unit is individually owned and the sale of which is regulated under Article 9-B of the Real Property Law of the State of New York.

Apartments and dwellings with communal dining facilities and services, such as housekeeping, organized social and recreational activities, transportation services, laundry, and other support services appropriate for the residents and designed to provide a relatively independent lifestyle.

An easement, covenant, restriction, or other interest in real property, created under and subject to the provisions of this title which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, environmental, ecological, agricultural, or natural condition, character, significance, amenities, or working landscape of the real property in a manner consistent with the public policy and purpose set forth in § 49-0301 of the New York State Environmental Conservation Law, provided that no such easement shall be acquired or held by the state which is subject to the provisions of Article 14 of the Constitution.

A residential subdivision where the dwelling units that would result on a given parcel under a conventional subdivision plan are allowed to be placed on the parcel in a flexible manner, where lot sizes, road frontages, and other bulk dimensions are allowed to be relaxed and where a majority of the remaining land, as specified by district, is left in its natural open space condition in perpetuity. Conservation development results in a flexibility of design and development to promote the most appropriate use of land, to facilitate the adequate and economical provisions of streets and utilities, and to preserve the natural and scenic qualities of open lands.

Conveys the Town's intent that new development be similar to existing development in terms of size, height, bulk, intensity and aesthetics to its surroundings. New and modified structures should match the context established by neighboring buildings.

Any sound which does not vary in sound level more than five dB(A) during a measurement period which shall be at least 60 minutes.

A retail establishment selling primarily convenience food products, household items, newspapers and magazines, candy, and beverages, and prepared foods with limited on-premises consumption. Convenience stores may also include the selling of fuel at fuel pumps/islands and provision of EVSE charging station(s).

A residential subdivision designed so that each lot is required to have the minimum lot size, setbacks, road frontage and other dimensions established for that district and where there is no permanently protected open space included in the layout.

See "lot coverage."

A specific geographic area designated by the Town of Ballston pursuant to 6 NYCRR Part 617, having exceptional or unique characteristics that make the area environmentally important.

Any sound which varies in sound level more than five dB(A) during a measurement period such that the same level is obtained repetitively at reasonably uniform intervals of time less than 10 minutes.

Daytime care for the needs of people who cannot be fully independent, such as children or elderly people, including such structures and surrounding areas utilized for such purpose and that meet the definitions, approvals and requirements of New York State Social Services Law § 390 et seq. A commercial day-care facility is not in a home and is for greater than five people. An in-home day care facility is a minor home occupation and is for five or fewer people.

A logarithmic (dimensionless) measure used in describing the amplitude of sound.

The ratio of land area per dwelling unit or dwelling structure.

The right to develop land, which is one of several rights that come with landownership. The development right may be sold or given away separately from the other rights. If the development right is removed, the land is still private property, though the uses that are allowed are limited. For the purposes of this chapter, development rights are measured in the number of residential dwelling units, or in square feet of commercial building footprint. Further for the purpose of this chapter, reference to a development right in the singular shall refer to the holder's right to develop a single residential dwelling unit.

A business where a customer is permitted or encouraged, either by the design of physical facilities or by service and/or packaging procedures, to conduct business, or the providing and/or sale of goods and services, in the off-street parking area accessory to the business, while seated in a motor vehicle. Drive-through services are ancillary to the principal use and are typically associated with banks and fast-food restaurants.

A privately owned and maintained means of ingress and egress from a public or private roadway or right-of-way to one lot or parcel of land, and not meant for use by the general public, which leads to a single principal use.

A lot or piece of land used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, sewage, trash or solid or liquid waste of any kind.

A building designed or used principally as the living quarters for one or more families. The term "dwelling," "one-family dwelling," "multiple dwelling," "two-family dwelling" or "dwelling group" shall not be deemed to include motel, automobile court, rooming house or tourist home.

A room or group of rooms providing complete housekeeping facilities for one family and occupied by a single-family unit, plus not more than three lodgers.

See "multiple dwelling."

A detached building containing one dwelling unit.

A detached building containing two dwelling units.

Any building or part of a building that is designed, constructed, or used for education or instruction in any branch of knowledge. This includes all types of schools such as business and trade schools, schools of art, dance, theater, culture and the martial arts, as well as academic institutions.

A public or private parking space that is served by electric vehicle supply equipment that has as its primary purpose the transfer of electric energy to a battery in an electric vehicle. Also known as an "electric vehicle charging station."

An area with one or more of the following environmental characteristics: 1) steep slopes greater than 15%; 2) having floodplain; 3) exposed bedrock or areas of land incapable of meeting percolation requirements; 4) known aquifer recharge or discharge areas; 5) habitats of or known locations of endangered or threatened species; 6) critical habitats identified by NYS DEC; 7) regulated streams [classified by DEC as a Class C(t) stream or higher]; 8) NYS DEC or federally identified wetlands; and any feature identified as critical to the Town of Ballston in the adopted Comprehensive Plan or other duly adopted plan or inventory.

An increase in land or floor area occupied by a use or time devoted to use or scope of a use.

One or more persons related by blood, marriage or adoption, living and cooking together, exclusive of household servants; a number of persons living together as a single housekeeping unit, although not related by blood, marriage or adoption, shall be deemed to constitute a family unit. A fraternity club or boardinghouse shall not be considered a family.

A location, or structure larger than 400 square feet, where one or more farmers or vendors can sell agricultural produce, including, but not limited to, fruits, vegetables, meat, eggs, dairy products, baked goods, and animal by-products to the public on a permanent basis, whether seasonal or year-round.

The land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a "commercial horse boarding operation" as defined in Subdivision 13 of Article 25-AA of the NYS Agriculture and Markets Agricultural Districts Law and "timber processing" as defined in Subdivision 14 of Article 25-AA of the NYS Agriculture and Markets Agricultural Districts Law. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other. See also "agriculture."

A dwelling unit, including but not limited to an accessory apartment, single, or double-wide manufactured home used to house farm workers and their families employed by or operating a farm operation as defined in this chapter. A "farm worker" shall mean an individual who is employed in farm activities, whether or not on a seasonal, temporary, or permanent basis.

Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil, electric charging stations (EVSE), or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or servicing such motor vehicles. See also convenience store. Filling or gasoline stations shall be allowed wherever convenience stores are permitted.

A lot so shaped and designed that the main portion of the lot is set back from the street or road on which it fronts and is situated behind one or more lots and is connected to such frontage road or street only by means of a narrow strip of land.

A street designed so that all homes are located on only one side to afford each residence maximum viewing of open space lands or other features. This contrasts to a double-loaded road where houses are placed on both sides.

The distance along which a lot adjoins a road or street at the right-of-way line. A road or street which provides frontage may be a state, county or Town road or a private road or street that has been approved by the Planning Board as part of a subdivision plat.

An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.

Any garage other than a private garage available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

The pervious land shown on a site plan or subdivision plat that is improved for active recreation or landscaping. Green space may include pervious vegetated and unvegetated land that is used for stormwater management, including, but not limited to, rain gardens, bioretention areas, and vegetated swales/dry swales, but excludes impervious features of a stormwater management system. Green space shall not be considered 'open space' as used in this chapter.

A structure where plants are cultivated and sold for retail or wholesale purposes. Similar structures used for the growing of plants for personal use shall be considered a residential accessory use.

That line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.

Any occupation, business or professional activity that results in a product or service, that is conducted in whole or in part in a residential dwelling and clearly subordinate in space utilization and intensity to the residential use of the lot.

A home occupation resulting in a product or service for financial gain, conducted wholly or partly within a dwelling unit as a nonresidential use that is secondary and subordinate to the use of the dwelling for living purposes and which does not change the residential character of the dwelling unit or vicinity. The enterprise is conducted by an owner/operator who must reside on the premises and may employ up to one person or independent contractor not residing in the dwelling unit. A major home occupation has exterior evidence of the operation that may include one or more of the following: clients or customer activity on a regular basis throughout the day, a sign, and delivery truck visits or other traffic beyond that expected of a typical residence. All exterior storage used in conjunction with a major home occupation is within structures and not visible from the public way or adjacent properties.

A home occupation that does not change the character of the structure(s), lot or neighborhood and has no exterior evidence of that use within the structure(s). This work is conducted with no employees or independent contractors in addition to the owner/operator, produces only household quantities and types of waste, has a low number of daily client visits, utilizes existing parking that is available with minor, if any, physical alteration of the property to facilitate parking, requires no outdoor material storage, and does not involve delivery truck visits different from normal residential uses. Signage, if present at all, is limited to a small door or lawn plaque.

An agricultural activity that provides care, housing, health-related services and training to horses kept on the premises or on other properties owned or leased by the farm operator. Riding and training activities that are directly related to and incidental to the boarding and raising of horses, including riding lessons for persons who own or have a long-term lease from the farm owner for the horse that is boarded at the farm and used for such activities, are part of the farm operation. Horse shows for horses either boarded at or owned by the farm operation, which are not open to the general public, are also part of the farm operation. A riding academy is not considered to be an agricultural activity under the New York State Agricultural and Markets Law.

A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building.

See "mobile home."

The space within which a structure and its supporting infrastructure is permitted to be built on a lot and that includes the building, roof overhang, driveway, and any lands disturbed for well and septic systems. May also be referred to as a building envelope.

Heavy industrial consists of assembling, fabrication and processing, bulk handling, storage, warehousing and trucking. These activities are likely to generate significant levels of truck traffic, noise, pollution, vibration, dust, fumes, odors, radiation, radioactivity, poisons, pesticides, herbicides, or other hazardous materials, fire or explosion hazards, or other undesirable conditions. These activities generally do generate excessive noise, particulate matter, vibration, smoke, dust, gas, fumes, odors, radiation and other nuisance characteristics. Heavy industrial manufacturing is considered not capable of control of external effects of the manufacturing process.

A zoning classification to permit light manufacturing, processing, assembly and fabrication facilities, wholesale warehouses and storage facilities, equipment maintenance and research and development. This district is primarily for selective industries whose activities do not adversely impact the environment or quality of life of the residents of the Town or create an impact which is injurious to the public health, safety or general welfare of the residents or property owners of the Town of Ballston. Accordingly, due to the potential adverse and/or harmful impact of heavy industrial uses, such uses are explicitly excluded from this district.

The dividing line between the street and the lot.

See "boardinghouse."

A portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use and the customary accessories or open spaces belonging to the same.

The percentage of the lot area covered by the combined area of all buildings, structures, parking areas, and other impervious surfaces on the lot.

A lot line which is coincident with a street line.

Any line dividing one lot from another.

A lot or parcel of land abutting on two or more streets at their intersection or on two parts of the same street forming an interior angle of less than 135°. A corner lot shall employ two front yard setbacks and two side yard setbacks, in lieu of a rear yard setback.

A mean horizontal distance between the front and rear lot lines.

The average distance between the lot lines taken at the front yard or building line and measured at right angles to the side lot lines, or along a line parallel to the street if the street curves or is irregular. In many instances, the street frontage will be treated as the lot width.

The division of a tract of land into five or more parcels and which does not otherwise qualify for a minor subdivision pursuant to the definitions in this chapter or in Chapter 104 of the Ballston Town Code, or any size subdivision requiring any new streets or construction of municipal utilities. A tract of land shall constitute a major subdivision upon the creation of the fifth lot or building plot therefrom within any consecutive five-year period, and at which time the provisions of § 1116 of the Public Health Law shall apply to all such parcels thereof, including the first four parcels, regardless of whether said parcels have been sold or offered for sale singularly or collectively.

A residential use in which two or more manufactured homes (double-wide, single-wide, or mobile home) are located on a single property and are considered commercial uses. It is a site containing spaces with required improvements and utilities that are leased for the long-term placement of manufactured homes and may include services and facilities for residents.

A dwelling unit, transportable in two sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is a minimum of 700 or more square feet, and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. A recreational vehicle is not included in this definition. Double-wide manufactured homes differ from modular or other kinds of manufactured housing.

A dwelling unit, transportable in one section, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 700 or more square feet, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. A recreational vehicle is not included in this definition. Single-wide manufactured homes differ from modular or other kinds of manufactured housing.

Factory-built, single-family structures that meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. § 5401), commonly known as the HUD Code. Manufactured homes, mobile homes and modular homes are included in the definition of manufactured housing. Modular homes typically are manufactured in one or more pieces and transported to the site for placement on a permanent foundation. Manufactured homes and mobile homes are normally built in one or two pieces and transported to the site with a chassis that allows the home to be moved. A manufactured house is a house built in conformity with the provisions of the federal HUD Code. Mobile homes are those built prior to the adoption of the HUD Code.

Any process whereby the nature, size or shape of articles or raw materials is changed or where articles are assembled or packaged.

The average annual high-water level. See also "high-water mark."

Where more than one use occupies a structure, site or parcel, and may include a variety and mixture of nonresidential uses and/or residential uses. Mixed use structures consisting of residential and commercial uses shall site the commercial uses on the ground floor and all other floors shall be residential uses.

A vehicle which is used or designed to be used for living or sleeping purposes and which is customarily standing on wheels or rigid supports, whether propelled by its own power or power of another vehicle to which it is attached.

A building or group of buildings, whether attached or detached, containing for hire individual living and sleeping accommodations, each of which is considered a unit, each of which is provided with a separate exterior entrance and a parking space and is offered for rental and use principally by motor vehicle travelers. The term "motel" includes, but is not limited to, every type of similar establishment known variously as an "auto court," "motor hotel," "motor court," "motor inn," "motor lodge," "tourist court," "tourist cabins" or "roadside hotel."

A portable vehicular structure without permanent foundation, which can be towed, hauled or driven and is primarily designed as temporary living accommodation for recreational camping and travel use and, including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes.

Any vehicle propelled or drawn by power other than muscular power, originally intended for use on public highways.

Any building that contains or is proposed to contain more than three dwelling units.

An undesired audible sound that interferes with the enjoyment and use of property that: 1) may disturb or annoy reasonable persons of normal sensitivities; or 2) causes, or tends to cause, an adverse effect on the public health and welfare; or 3) endangers or injures people; or 4) endangers or injures personal or real property. For purposes of this chapter, a decibel level exceeding five dB(A) of the ambient noise level measured at the property boundary shall be an undesirable sound.

A structure or building, the size, dimensions, or location or which was lawful prior to the adoption, revision, or amendment of the zoning law but that fails by reason of such adoption, revision, or amendment to conform to the present dimension requirements of this chapter.

A use or activity that was lawful prior to the adoption, revision, or amendment of this chapter but that fails by reason of such adoption, revision, or amendment to conform to the present use requirements of the zoning district.

A long-term care facility licensed by the State of New York that offers twenty-four-hour room and board and health care services, including basic and skilled nursing care, rehabilitation, and a full range of other therapies, treatments, and programs.

Land left in a natural state for conservation, agricultural purposes, or for scenic purposes, devoted to the preservation of distinctive ecological, physical, visual, architectural, historic, geologic or botanic sites. It shall also include land left in a natural state and that is devoted to passive recreation such as but not limited to walking paths. The term shall not include land that is paved, used for the storage, parking or circulation of automobiles, used for playgrounds or manicured recreational lands such as ball fields, lawns, landscaped areas, used for stormwater management, or occupied by any structure except agricultural buildings. Open space may be included as a portion of one or more large lots, provided the lot(s) are greater than five acres in size and are contiguous to each other, forming a larger unfragmented open space area. Alternatively, open space may be contained in a separate open space lot but shall not include private yards within 50 feet of a principal structure.

A zoning district that encompasses one or more underlying zones and that imposes additional requirements above that required by the underlying zone. Overlay zones deal with special situations that are not appropriate to a specific zoning district or apply to several districts.

The title holder of record of real property, or, if he or she be deceased, then his or her estate.

Any tract or piece of land that is described in a deed of conveyance recorded in the Saratoga County Clerk's office and for which a Tax Map parcel identification number has been assigned.

The area required for parking one automobile pursuant to Article XX of this chapter, and shall be an area nine feet wide and 20 feet long, not including passageways. Each parking area shall have direct open passageways to public roadways at all times.

Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel.

Any sound that can be detected by a person using his or her unaided hearing faculties.

A small park included that is accessible to the general public. Pocket parks are frequently created on a single vacant building lot or on small, irregular pieces of land.

Prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and that is available for these uses. It has the combination of soil properties, growing season, and moisture supply needed to produce sustained high yields of crops in an economic manner if it is treated and managed according to acceptable farming methods. In general, prime farmland has an adequate and dependable water supply from precipitation or irrigation, a favorable temperature and growing season, an acceptable level of acidity or alkalinity, an acceptable content of salt or sodium, and few or no rocks. Its soils are permeable to water and air. Prime farmland is not excessively eroded or saturated with water for long periods of time, and it either does not flood frequently during the growing season or is protected from flooding.

See "business office."

Parks, playgrounds, trails, paths and other recreational areas and open spaces; scenic and historic sites; schools and other buildings and structures and other places where the public can directly or indirectly congregated. This includes uses such as malls and shopping areas which are legally private property but functionally public areas. Public space also includes any area where large numbers of individuals collect to participate or to observe programs such as but not limited to auditoriums, stadiums, gymnasiums, and theaters.

Any establishment, however designated, at which food is sold for consumption on the premises to patrons seated within an enclosed building, elsewhere on the premises, or via a drive-through service.

A commercial establishment that generally offers riding lessons to the public and to individuals that do not own or have a long-term lease for the horse that is boarded and used at the facility for such riding.

An access drive or roadway, privately owned and maintained, built to Town specifications, and not meant for use by the general public and that accesses two or more principal uses, that may exist, or that may exist in the future, and that has not been dedicated or accepted by the Town Board as a public road. A private road remains private property. Lots on private roads require the same configuration and frontage requirements as those on public roads.

An access drive or roadway, built to Town specifications, and meant for use by the general public and that accesses two or more principal uses, that may exist, or that may exist in the future, and that has been dedicated to, accepted by, and maintained by the Town Board as a public road.

A temporary use of a structure including small buildings, carts, wagons or stands for the display and sale of farm products, and not more than 400 square feet in size. A roadside stand shall also be known as a "farm stand."

One or more buildings consisting of self-contained units that are leased or owned for the storage of business or household goods. Existing structures such as barns may be suitable for use as a self-storage facility. Portable on-demand storage bins are not self-storage facilities.

Dwelling units that are arranged as individual units for occupancy by seniors. Senior housing may be located in structures having one, two, or multiple dwelling units but are designed for and dedicated to housing for people 55 or older. This includes adult retirement communities, independent living facilities, and retirement communities. It does not include nursing homes or assisted living facilities.

Review of an application according to the provisions of the New York State Environmental Quality Review Act, 6 NYCRR Part 617 (Statutory Authority: Environmental Conservation Law § 8-0113), which incorporates the consideration of environmental, social and economic factors into the planning, review and decision-making processes of state, county and local government agencies.

Any establishment whose primary activity is the provision of assistance, as opposed to products, to individuals, business, industry, government, and other enterprises, including, but not limited to, legal, health, surveyor, accountant, engineering and other professional services.

The distance between the edge of any building and any lot line. The setback line is the required minimum (or maximum) distance from any lot line and establishes the area within which the building may be erected or placed. The edge of the building is considered to be the outside face of the foundation, or if applicable, any point of the building that extends more than one foot over the outside face of the foundation such as eaves, overhanging gables, decks, porches, stairways.

A driveway that provides for the ingress and egress for vehicular or pedestrian traffic into or out of a location that is built to driveway specifications and is shared and used by no more than four different parcels of land.

That line at which land adjoins the water of lakes at the mean high-water mark.

A message-bearing board, wall or other display, mounted, freestanding or portable, used to identify or advertise a business, organization, function or community development.

The area contained within the largest regular geometric figure surrounding all letters, figures, symbols, displays or other illustrations which are printed, painted, stamped, cut, raised or attached to the surface of any building or other structure. When letters, symbols, etc., are attached to a sign board, the sign display area shall include such backing.

A sign not permanently affixed to a structure or the ground.

The total area to be used for development of a project, including, but not limited to, buildings, parking areas, stormwater detention or drainage areas and other project features. A site may encompass an entire parcel or a portion of a parcel.

Land, in addition to prime and unique farmlands, that is of statewide importance for the production of food, feed, fiber, forage, and oil seed crops. Criteria for defining and delineating this land are determined by New York State. Generally, additional farmlands of statewide importance include those that are nearly prime farmland and that economically produce high yields of crops when treated and managed according to acceptable farming methods. Some may produce as high a yield as prime farmlands if conditions are favorable. In some states, additional farmlands of statewide importance may include tracts of land that have been designated for agriculture by state law.

A land use which is deemed permissible within a given zoning district or districts, but which may have the potential to exhibit characteristics or create impacts incompatible with the purposes of such district. The special use shall, therefore, be subject to approval by the Planning Board in accordance with conditions set forth for such use, as well as other applicable provisions of this chapter.

Land areas where the vertical distance in feet, between two points, divided by the horizontal difference between these two points, slope exceeds 15%. Said horizontal distance to be measured in a straight line, generally along the natural course of stormwater runoff.

The flow of water which results from precipitation and which occurs immediately following rainfall or a snow-melt.

The system or combination of systems, designed to treat stormwater, or collect, convey, channel, hold, inhibit, or divert the movement of stormwater on, through, and from a site.

That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.

An area extending along both sides of a watercourse, measured from the edge of the high-water mark where clearing, soil removal or disturbance, filling, dumping, ditching, storage and use of pesticide or herbicides, placement of septic systems, and placement of dwellings, other kind of development, mining, and commercial logging are prohibited in order to protect water quality and ecological health of streams.

A combination of materials to form a construction that is safe and stable, and includes among other things stadiums, platforms, radio towers, sheds, storage bins, signs, satellite dishes, solar panels and pole-framed canvas or plastic-sided storage sheds.

Any artificial pool or structure intended for bathing or swimming purposes made of concrete, masonry, metal or other impervious materials having a depth in excess of 18 inches and located within 600 feet of a residence, home or dwelling other than the one associated with the pool.

An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical production on a paid admission basis to patrons seated in automobiles or on outdoor seats.

See "motel."

A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.

A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.

A set of design standards applied to subdivisions and developments for the purpose of promoting pedestrian-friendly and compact residential or mixed use neighborhoods designed to emulate traditional hamlets or villages.

See "mobile home."

See "manufactured home park."

A unit of land or floor area within a trailer or mobile home park for occupation by an individual trailer.

A structure shall be deemed unfinished if it does not have a permanent roof, completely enclosed outside walls with the finished materials installed, all glazing in place, permanent heating system with masonry chimney ready for operation, permanent electric service and sewage installed. An unfinished building is also a structure not qualifying for a certificate of occupancy from the Town of Ballston.

This term is employed in referring to the purpose for which any buildings, other structures or land may be arranged, designed, intended, maintained or occupied; any occupation, business activity or operation conducted (or intended to be conducted) in a building or other structure or on land. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use or use requiring a special use permit.

Any place outside a building where two or more used motor vehicles in operating condition are offered for sale or are displayed.

Land that is suitable for agriculture and farm operations, but is not currently being used for that purpose.

A variance from the area and bulk requirements or supplementary regulations of a related character (such as amount, size, location of design or access, off-street parking, landscaping, signs) to authorize on a specific lot a permitted use which could not feasibly be established without relief from one or more of the dimensional requirements pertaining to the district.

A variance from the use regulations to allow the establishment on a specific lot a use otherwise prohibited in the district.

A building or use where the practice of the profession of veterinary medicine is carried out and shall include diagnosing, treating, operating, or prescribing for any animal disease, pain, injury, deformity or physical condition. A veterinary hospital may have a kennel for use of patients, but does not include boarding kennels.

A yard extending across the full width of the lot and lying between the front lot line and the nearest edge of the building. The edge of the building is considered to be the outside face of the foundation, or if applicable, any point of the building that extends more than one foot over the outside face of the foundation such as eaves, overhanging gables, decks, porches, stairways.

A yard extending across the full width of the lot and lying between the rear lot line of the lot and the nearest edge of the building. The edge of the building is considered to be the outside face of the foundation, or if applicable, any point of the building that extends more than one foot over the outside face of the foundation such as eaves, overhanging gables, decks, porches, stairways.

That portion of the open area of a lot extending open and unobstructed from the ground upward, along a lot line for a depth or width as specified by the bulk regulations of the district in which the lot is located. No part of such yard shall be included as part of a yard or other open space similarly required for buildings on another lot.

A yard situated between the nearest edge of the building and the side line of a lot and extending from the front yard rear line (or from the front lot line, if there is no required front yard) to the rear yard front line or rear lot line. The edge of the building is considered to be the outside face of the foundation, or if applicable, any point of the building that extends more than one foot over the outside face of the foundation such as eaves, overhanging gables, decks, porches, stairways.