City of Fulton, NY General Provisions

Word usage. Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "lot" includes the words "plot" and "parcel"; the word "building" includes the word "structure"; the word "shall" is intended to be mandatory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied."

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

ABUTTING

Having a common border with or having property or district lines in common.

ACCESSORY STRUCTURE

A structure, the use of which is incidental, subordinate or supplemental to that of the principal building located on the same premises.

ACCESSORY USE

A use which is incidental, subordinate or supplemental to the principal use on the same premises.

ADDITION

Any attached expansion, either horizontally or vertically, to an existing building or structure which increases the square feet area of such building or structure, having a foundation, fully enclosed structural exterior side walls and a roof.

ATTACHED SINGLE-FAMILY DWELLING

One or more single-family residential buildings having a party wall separating dwelling units on separate lots (group, row or townhouse).

BANNERS

See § 640-25A.

BASEMENT

That space within a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average established finished grade of the ground abutting the building.

BED-AND-BREAKFAST

An owner-occupied dwelling unit that accommodates no more than four guests where lodging, with or without meals, is provided for compensation.

BED-AND-BREAKFAST INN

An owner-occupied dwelling that accommodates five or more guests where lodging, with or without meals, is provided for compensation.

BILLBOARDS

See § 640-25A.

BUILDING COVERAGE

The percentage of the lot area covered by the total horizontal projected surface of all buildings, including accessory structures.

BUILDING HEIGHT

The vertical distance to the highest point of the roof for flat roofs; to the deckline of mansard roofs; and to the average height between eaves and the ridge for gable, hip and gambrel roofs, measured from average finished grade level abutting the building.

BUILDING, COMMERCIAL

See "commercial building."

BUILDING, INDUSTRIAL

See "industrial building."

BUILDING, PRINCIPAL

See "principal building."

BUILDING, RESIDENTIAL

See "residential building."

CELLAR

That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average finished grade of the ground abutting the building.

CEMETERY

Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, in-ground grave sites, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

CHURCH

A place where religious worship is conducted and has been granted a tax-exempt status per the requirements of the Real Property Tax Law, § 420-a.

CLUSTER OVERLAY DISTRICT

A residential development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive areas.

COMMERCIAL BUILDING

A structure having a foundation, fully enclosed structural walls and a roof, intended, arranged or designed to house individuals for a period of time who are employed in a commerce or trade for profit by the owner, company or licensee.

COMMUNITY RESIDENCE

A facility for the mentally disabled as defined by the Mental Hygiene Law.

CONVENIENCE STORE/MINI-MART

Any retail establishment offering for sale prepackaged food products, beverages and other goods commonly associated with the same, including the sale of gasoline at dispensing islands located on the same premises.

CORNER LOT

A lot abutting on and at the intersection of two or more streets.

COURT

See "inner/outer court."

CUL-DE-SAC

A local street, one end of which is closed and consists of a circular turnaround.

DETACHED SINGLE-FAMILY DWELLING

A residential building containing not more than one dwelling unit entirely surrounded by open space on the same lot.

DETACHED TWO-FAMILY DWELLING

A residential building containing two dwelling units, separated by a fire separation, entirely surrounded by open space on the same lot.

DISTRICT

A portion of the territory of the City, exclusive of streets and other public ways, within which certain uses of land, premises, buildings and accessory structures, either expressly or with approval, are permitted.

DWELLING

A building which contains one or more dwelling units occupied exclusively for residential uses.

DWELLING, MULTIPLE

See "multiple dwelling."

DWELLING, SINGLE-FAMILY, ATTACHED

See "attached single-family dwelling."

DWELLING, SINGLE-FAMILY, DETACHED

See "detached single-family dwelling."

DWELLING, TWO-FAMILY, DETACHED

See "detached two-family dwelling."

DWELLING, UNIT

One or more rooms physically arranged so as to create independent housekeeping established for occupancy by one family with separate toilets and facilities for cooking and sleeping.

EASEMENT

The granted right of a person, government agency or public utility company to use public or private land owned by others for a specific purpose.

FAMILY

Any number of individuals living together as a single housekeeping unit.

FENCE

A structure of material such as wrought iron, chain link, decorative metal, wood, screen, vinyl, plastic, etc., erected for purposes of enclosure, division of property or decoration. A fence must be constructed with industry-accepted materials.

FOUNDATION

The supporting base on which a building/structure rests usually constructed of concrete, composition block or treated wood and which is usually partly underground.

FRONT PROPERTY LINE

The property lot line abutting a street right-of-way.

FRONT YARD

The yard extending along the full width of a front lot line between side lot lines and from the front line to the front building line in depth.

FRONTAGE

The front or frontage of any side of a lot abutting on a street or public way.

GARAGE, PRIVATE

See "private garage."

GARAGE, PUBLIC

See "public garage."

GARAGE, REPAIR

See "repair garage."

GAS STATION

See "service station."

GRADE

The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.

HABITABLE SPACE

Space within a dwelling unit occupied by one or more persons for living, sleeping, eating or cooking.

HEIGHT

See "building height."

HIGH-TRAFFIC OCCUPANCY

Where a combination of more than 61 motor vehicles either enter or exit the premises during any one hour of peak business operation.

HOME OCCUPATION

An accessory use conducted for financial gain entirely within the principal building and on the same lot as the principal building and is an owner-occupied residential dwelling. (See accessory use limitations, § 640-13B.)

IMPERVIOUS SURFACE

Any material that substantially reduces or prevents the infiltration of stormwater in the previously undeveloped land. Impervious surfaces shall include driveways, parking areas and sidewalks.

INDUSTRIAL BUILDING

A structure having a foundation, fully enclosed structural walls and a roof, intended, arranged or designed to house individuals for a period of time who are employed in the manufacturing, processing or a production enterprise for profit by the owner, company or licensee.

INNER COURT

An open, unoccupied space surrounded on all sides by exterior walls of a building or structure.

INTERIOR LOT

A lot other than a corner lot.

INTERIOR LOT LINE

Any lot line dividing one lot from another.

JUNKYARD

A parcel of land on which waste materials, such as, but not limited to, scrap metals, glass, paper, rags, rubber tires, machinery and inoperative motor vehicles, are bought, sold, dismantled, crushed, exchanged, stored, processed or handled. An automobile wrecking yard is also considered a junkyard.

KENNEL

Any structure or land designed, arranged or used to sell, train, breed, groom or house four or more dogs or cats.

LOT

A parcel of land occupied or intended to be occupied by a building and accessory structures, together with such open space as required, having at least the minimum area required for such a lot in the zone in which such a lot is located having its principal frontage on a street.

LOT AREA

The total horizontal area included within lot lines exclusive of any public rights-of-way.

LOT COVERAGE

Determined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of a building and accessory structures, excluding allowed eaves, balconies and similar features, by the gross area of that lot.

LOT LINE, INTERIOR

See "interior lot line."

LOT LINE, STREET

See "street lot line."

LOT, CORNER

See "corner lot."

LOT, INTERIOR

See "interior lot."

LOW-TRAFFIC OCCUPANCY

Where a combination of 30 or fewer motor vehicles either enter or exit the premises during any one hour of peak business operation.

MANUFACTURED/MODULAR HOME

A residential building which is wholly or partly constructed in a manufacturing facility designed to be transportable in one or more sections and placed on a permanent foundation which is connected to required utilities. Such a building shall bear the insignia of approval by the New York State Fire Prevention and Building Code Council.

MEDIUM-TRAFFIC OCCUPANCY

Where a combination of 31 or more but not more than 60 motor vehicles either enter or exit the premises during any one hour of peak business operation.

MOBILE HOME

A residential building built to federal manufactured home construction standards, known as the "HUD Code," which standards are administered by the Department of Housing and Urban Development and contain a HUD insignia thereupon. Such residential dwellings are constructed wholly or partly in a manufacturing facility to be transportable in one or more sections on a permanent metal frame which is attached to an axle and wheels.

MOTOR VEHICLE REPAIR SHOP

A structure or portion of a structure arranged, intended or designed to be used for making repairs to motor vehicles.

MULTIPLE DWELLING

A building or portion thereof used for occupancy by three or more families living independently of each other in dwelling units.

NEIGHBORHOOD GROCERY STORE

Any retail establishment offering for sale prepackaged food products, beverages and other goods commonly associated with the same, excluding petroleum products. The total square feet area of such buildings and accessory structures shall be limited to less than 3,500 square feet gross area.

NONCONFORMING USE

A lawful use of land which existed prior to the adoption of this chapter, but which fails by reason of adoption to conform to the use of the district in which it is located.

OUTER COURT

An open, unoccupied space surrounded on three sides by exterior walls of a building or structure.

PARK

Any public land which is available for recreation, education, cultural, dedicated or aesthetic use.

PARKING LOT

A parcel of land not within a building or structure where motor vehicles may be stored for the purpose of temporary, daily or overnight off-street parking.

PARKING SPACE

An area on a lot, street or within a building intended for the use of temporary parking of a personal vehicle.

PRINCIPAL BUILDING

A building in which the primary use of the lot on which the building is located is conducted.

PRIVATE GARAGE

A structure which has a roof and fully enclosed sides for private use of the owner or occupants of the principal building situated on the same lot as the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.

PUBLIC GARAGE

A structure designed and used for the storage of motor vehicles operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles.

REAR YARD

The yard extending across the full width of the lot and laying between the rear lot line and the rear building line.

REPAIR GARAGE

A structure designed and used for the storage, maintenance, repair or refinishing, including both minor and major mechanical overhauling, painting and body work.

RESIDENTIAL BUILDING

A structure having a foundation, fully enclosed structural walls and a roof, intended for the shelter of persons and their property.

RIGHT-OF-WAY

A strip of land occupied or intended to be occupied by a street, railroad, electrical transmission lines, oil or gas pipeline, water mains, sanitary or storm sewer lines and similar special use.

SELF-SERVICE STATION

Any premises where gasoline and other petroleum products are dispensed into motor vehicles by persons other than the service station attendant and where small quantities of sundries, such as cigarettes, candy and beverages and similar products, may be sold.

SERVICE STATION

Any premises where gasoline or other petroleum products are sold and light maintenance activities, such as engine tune-ups, lubrication, oil changes and similar minor repairs, are conducted.

SIDE YARD

The yard lying between the sideline of the lot and the sideline of the building and extending from the front yard to the rear yard.

SIGNS

See § 640-25A.

SITE PLAN

A plan, prepared to scale, showing accurately and with complete dimensioning the boundaries of a site and the location of all buildings, structures, uses and principal site development features proposed for a specific parcel of land.

STREET

A public thoroughfare used, or intended to be used, for passage or travel of motor vehicles which affords the principal means of access to abutting property.

STREET LOT LINE

Any lot line dividing a street from a lot.

STRUCTURE

An assembly of materials forming a construction framed of component structural parts, the use of which requires location on the ground or attachment to something having a location on the ground.

YARD

Any open space located on the same lot with a principal building, unoccupied and unobstructed from the ground up, except for accessory structures or such projections as are expressly permitted in these regulations.

YARD, FRONT

See "front yard."

YARD, REAR

See "rear yard."

YARD, SIDE

See "side yard."