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Old 02-10-2010, 05:24 PM
 
13 posts, read 41,019 times
Reputation: 17

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Good Evening,

I'm looking into a property in Ballston Spa which currently is a residential property. I'd like to use up a portion of the property for commercial use, only a portion of it -- I've done some research and a partial commercial property is coded 283.

My question to those who are familiar to this... how hard is it to convert the property classifications so I can legally conduct business out of my own home?

I've looked up the fee schedule for this type of permit and it doesn't look outrageous (I'm probably wrong, LOL). What's the process of doing this conversion and how long do you suppose it will take? I read up that the town where the property is located do hold meetings on these planned conversions, etc... sounds a little complex.

Anyone provide feedback? Encouraging words? Insight?

Thanks much!
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Old 02-10-2010, 07:16 PM
 
48 posts, read 160,695 times
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Your codes sound like assessment codes rather than "zoning," which is, I think what you need to address.
I think the place to start would be the Town of Ballston Zoning Enforcement Office (518) 885-8502 EXT#14.

Good luck.
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Old 02-10-2010, 07:37 PM
 
Location: Old Forge, NY
585 posts, read 2,129,737 times
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Does the type of business you are starting require commercial zoning?
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Old 02-10-2010, 08:06 PM
 
13 posts, read 41,019 times
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Junie Moon - I thought I was reading the correct codes online but I could be wrong.

Rumblebelly - If the property is strictly residential, wouldn't I need to get a special use permit for commercial/business use? This would be for a small business.
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Old 02-11-2010, 12:32 AM
 
48 posts, read 160,695 times
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Three-digit codes like the ones you noted are used for tax assessment classification. They are assigned by the assessor based on current use of the property, not by the rules about what it could be used for. I found where you got the 230 and the 283, and they are assessor's codes, not descriptions or limitations on the possible use.

Zoning is a different thing from tax assessment. The zoning law is what determines what uses can be placed where.
Here's the zoning map of Ballston Spa: http://www.townofballstonny.org/town...gmap09.pdf.pdf
The Ballston Town Code is here: http://www.ecode360.com/?custId=BA1734
Chapter 138 Zoning is the chapter that governs placement of uses, the square footage of signs, all that *stuff*.

Every municipal zoning law is specific to the municipality. Likely there is a provision for something called "home occupation," "in-home business," or something like that. It's for small businesses (run by the resident owner) that don't have a lot of impact on the residential surroundings, don't cause a lot of traffic, don't require big commercial-type signs. The Town Hall is the only place where you'll find somebody that can advise you on the specifics.

The process goes like this: You call the zoning officer to make sure what zoning district the parcel is in, then you consult with the zoning officer about what uses are permitted in that zoning district. Your use might be flat out permitted, permitted subject to some specific conditions, or you might need to go to a planning board with a plan for your parking, signage, etc.
The zoning officer is the one who knows the zoning law inside out and can tell you what you need to do.

Last edited by Junie Moon2009; 02-11-2010 at 01:23 AM..
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Old 02-11-2010, 06:59 AM
 
Location: Old Forge, NY
585 posts, read 2,129,737 times
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Quote:
Originally Posted by liv42dae1 View Post
Junie Moon - I thought I was reading the correct codes online but I could be wrong.

Rumblebelly - If the property is strictly residential, wouldn't I need to get a special use permit for commercial/business use? This would be for a small business.
Junie has some great advice, call the zoning dept.

The way I always understood it, you can have residential zoning if your business doesn't impact the appearance, activity, and safety outside of the home. I even knew a guy that operated a custom picture frame shop out of his basement in a residential area but you'd never know it from the outside of the house.

Of course, this is different from with each municipality. That's why you need to contact the proper official.
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Old 02-11-2010, 12:20 PM
 
48 posts, read 160,695 times
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Zoning districts are what and where they are, and include whatever parcels the municipal governing board has decided they'll include. "Zoning," residential or otherwise, doesn't change without a whole lotta hoop-de-doo of governmental process.
The thing that can change is the "use" of any given parcel. One guy uses it for a private home, another guy uses it for his home and his little picture-framing business, somebody else wants to start a rooming house. All the same parcel in the same, unchanged zoning district.
"Use" is a big word in zoning.

This is what I do all day long, but not in Ballston.
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Old 02-11-2010, 02:04 PM
 
13 posts, read 41,019 times
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Thank you both for the clarification! My small business definitely will not change the external aspects of the property nor will I require large signs, etc. It would still look like a residential house from the outside. So i don't think it's going to be too difficult to execute.

I will call the zoning number you provided Junie - I'm glad I asked considering I got the codes all wrong!

Thanks again.
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Old 02-12-2010, 12:04 AM
 
48 posts, read 160,695 times
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Good luck!
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