Fulton City Zoning Code
ARTICLE III
Use Regulations
§ 640-7 R-1 Residential District.
A.
Purpose. The R-1 Residential District is established to provide and maintain land area for neighborhoods of single-family dwellings on large-size lots.
B.
The following use shall be permitted in any R-1 Residential District, provided that such use is in compliance with Schedule A[1] and other applicable provisions of the zoning regulations contained herein:
(1)
One single-family residential dwelling per parcel of land.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
The following accessory residential structures/uses shall be permitted in any R-1 Residential District, provided that such structures/uses are in compliance with § 640-13 and other applicable provisions of the zoning regulations contained herein:
(1)
One detached residential garage.
(2)
A private swimming pool.
(3)
A residential greenhouse.
(4)
A residential garden/tool/storage shed.
(5)
A deck, gazebo.
(6)
Private tennis court.
D.
The following uses shall be permitted in any R-1 Residential District with site plan approval from the Planning Commission, provided that such use is in compliance with Schedule A and other applicable provisions of the zoning regulations contained herein:
(1)
Church or other places of worship; a religious education center, parish house, rectory, parsonage or convent.
(2)
Public or private school accredited by the New York State Department of Education.
(3)
Public park or playground.
(4)
Police or fire station.
(5)
Municipal public or private utility structure.
E.
Multifamily dwellings to single-family dwelling conversion.
(1)
Multifamily dwellings to single-family dwelling conversion must meet the following standards in order to obtain a certificate of occupancy:
(a)
Application for conversion permit must be completed and displayed in window.
(b)
Criteria for compliance: one water meter; one gas meter; one electric meter; one kitchen.
(c)
Final inspection must be scheduled for inspection.
(d)
Certificate of occupancy issued by the City of Fulton Code Department upon approval.
§ 640-8 R-1A Intermediate Density Residential District.
A.
Purpose. The R-1A Intermediate Density Residential District was established to provide and maintain land area for neighborhoods of single-family dwellings on smaller lots than required for R-1 zoned areas.
B.
The following use shall be permitted in any R-1A Residential District, provided that such use is in compliance with Schedule A[1] and other applicable provisions of the zoning regulations contained herein:
(1)
One single-family residential dwelling per parcel of land.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
The following accessory residential structures/uses shall be permitted in any R-1A Residential District, provided that such structures/uses are in compliance with § 640-13 and other applicable provisions of the zoning regulations contained herein:
(1)
One detached residential garage.
(2)
A private swimming pool.
(3)
A residential greenhouse.
(4)
A residential garden/tool/storage shed.
(5)
A deck, gazebo.
(6)
A private tennis court.
(7)
A home occupation (allowed only within an owner-occupied dwelling unit).
D.
The following uses shall be permitted in any R-1A Residential District with site plan approval from the Planning Commission, provided that such use is in compliance with Schedule A and other applicable provisions of the zoning regulations contained herein:
(1)
Church or other places of worship; a religious education center, parish house, rectory, parsonage or convent.
(2)
Public or private school accredited by the New York State Department of Education.
(3)
Public park or playground.
(4)
Police or fire station.
(5)
Hospital/nursing home.
(6)
Professional physician/dental office.
(7)
Funeral home.
(8)
Municipal public or private utility structure.
E.
Multifamily dwellings to single-family dwelling conversion.
(1)
Multifamily dwellings to single-family dwelling conversion must meet the following standards in order to obtain a certificate of occupancy:
(a)
Application for conversion permit must be completed and displayed in window.
(b)
Criteria for compliance: one water meter; one gas meter; one electric meter; one kitchen.
(c)
Final inspection must be scheduled for inspection.
(d)
Certificate of occupancy issued by the City of Fulton Code Department upon approval.
F.
Eligibility for reclassification of existing R-2 Residential Districts to a R-1A Residential District. In any given block within an existing R-2 Residential District where the existing use of properties is more than 50% single-family residential dwellings and where the total square feet of land associated with such use exceeds 50% of the gross square feet within such a block, such block shall, with approval of the Common Council, be eligible for reclassification as an R-1A Residential District. For the purpose of calculation, vacant lots shall be considered as R-1 land uses.
G.
Accessory dwelling units (ADU) shall be allowed in any R-1A Residential District, provided that they comply with all of the following:
(1)
That the land area, on which the R-1A residential dwelling sets, shall be at least 60% of the minimum lot size required for new R-1A residential structures as depicted on Schedule A contained herein.
(2)
That only one ADU shall be allowed within the principal building.
(3)
That the ADU shall have a minimum of 325 gross square feet of floor area and shall not exceed more than 30% of the gross feet of the floor area of the principal building.
(4)
That the principal building in which the ADU exists shall be owner-occupied.
(5)
That the ADU shall not be occupied by more than two persons.
(6)
That in addition to the two required parking spaces for the principal building, that one additional space shall be provided for the ADU.
(7)
That individuals occupying the ADU must be related to the owner of the principal building.
(8)
That a separate entrance/exit to the exterior at grade shall be provided from the ADU.
(9)
That the ADUs are not allowed in accessory structures.
(10)
That an application for the proposed ADU shall be made to the Bureau of Code Enforcement on a form provided by the Bureau.
(11)
That an inspection of the premises shall be required to ensure compliance with the zoning regulations contained herein.
(12)
That upon approval of the application, an ADU permit be issued to the owner/occupant of the principal building.
(13)
That the ADU permit shall be required to be renewed annually by the owner.
(14)
Application fee and permit fees shall be found in Chapter A700, titled "Fees."
§ 640-9 R-2 Residential District.
A.
Purpose. The R-2 Residential District is established to provide and maintain land area for neighborhoods of single- and two-family residential dwellings on medium-size lots.
B.
The following uses shall be permitted in any R-2 Residential District, provided that such use is in compliance with Schedule A[1] and other applicable provisions of the zoning regulations contained herein:
(1)
One single-family residential dwelling per parcel of land.
(2)
One two-family residential dwelling per parcel of land.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
The following accessory residential structures/uses shall be permitted in any R-2 Residential District, provided that such structures/uses are in compliance with § 640-13 and other applicable provisions of the zoning regulations contained herein:
(1)
One detached residential garage.
(2)
A private swimming pool.
(3)
A residential greenhouse.
(4)
A residential garden/tool/storage shed.
(5)
A deck, gazebo.
(6)
Home occupations (allowed only within an owner-occupied dwelling unit).
D.
The following uses shall be permitted in any R-2 Residential District with site plan approval from the Planning Commission, provided that such use is in compliance with Schedule A and other applicable provisions of the zoning regulations contained herein:
(1)
Hospital/nursing home.
(2)
Professional physician/dental office.
(3)
Funeral home.
(4)
Municipal public or private utility structure.
(5)
Church or other places of worship; a religious education center, parish house, parsonage or convent.
(6)
Public or private school accredited by the New York State Department of Education.
(7)
Public park or playground.
(8)
Public library, art gallery or museum.
(9)
Police, fire or ambulance station.
(10)
Cemetery.
E.
Any proposed uses described in Subsection D herein which involve property adjacent to or fronting on the Oswego River shall also be subject to special use permit requirements as contained in Article XII of this chapter.
§ 640-10 R-2A Residential Cluster Overlay District.
A.
Purpose. The R-2A Residential Cluster Overlay District is established to provide and maintain land area for various types of clustered single-family residential units, both attached and detached, in existing R-2 and R-3 Residential Districts, having less square feet of land than would be normally required of such use, with the right to subdivide or resubdivide such lots or sites, per the regulations contained herein, to accommodate such dwelling units, with or without the extension of new City streets.
B.
Application procedure. The owner or the developer, on behalf of the owner, shall make application to the Planning Commission for the establishment of any R-2A Residential Cluster Overlay District. The Planning Commission shall review the application at their regular monthly meeting. If the Commission finds that the drawing or information provided with the application is or is not adequate to properly consider the application, it may request additional information from the applicant.
C.
Once the Planning Commission has deemed the application complete, it shall review the same and make recommendation to the Common Council as to whether it approved, approved with modifications or disapproved the application. If the application was approved or approved with modifications by the Planning Commission, the Common Council shall be required to conduct a public hearing on the proposed R-2A Residential Cluster Overlay Zoning District before a final decision can be made by the Council.
D.
Standards. The Commission and the Council shall consider an application for establishment of an R-2A Residential Cluster Overlay District or for development within a district, only if all of the following conditions and standards are met:
(1)
The proposed use of land is in compliance with Schedule A[1] and other applicable provisions of the zoning regulations contained herein.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
(2)
Group, row or townhouse buildings shall contain no more than eight dwelling units.
(3)
Two off-street parking spaces, each having a minimum area of 162 square feet, shall be provided for each dwelling unit.
(4)
Home occupations shall not be permitted in such dwellings.
(5)
The proposed dwellings shall be designed and suitable for individual unit ownership.
(6)
Each unit shall have separate water, sanitary, stormwater, natural gas and electrical connections.
(7)
Residential garages proposed for any type of row housing shall be incorporated within the dwelling units.
§ 640-11 R-3 Residential District.
[Amended 9-23-2025 by L.L. No. 12-2025]
A.
Purpose. The R-3 Residential District is established to provide and maintain land area for neighborhoods of single-family, two-family and multiple-family dwellings on medium-size lots.
B.
The following uses shall be permitted in any R-3 Residential District, provided that such use is in compliance with Schedule A[1] and other applicable provisions of the zoning regulations contained herein:
(1)
One single-family residential dwelling per parcel of land.
(2)
One two-family residential dwelling per parcel of land.
(3)
One residential multiple dwelling per parcel of land.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
The following accessory residential structures/uses shall be permitted in any R-3 Residential District, provided that such structure/uses are in compliance with § 640-13 and other applicable provisions of the zoning regulations contained herein:
(1)
One detached residential garage.
(2)
A private swimming pool.
(3)
A residential greenhouse.
(4)
A residential garden/tool/storage shed.
(5)
A deck or gazebo.
(6)
A private tennis court.
D.
The following uses shall be permitted in any R-3 Residential District with site plan approval from the Planning Commission, provided that such use is in compliance with Schedule A and other applicable provisions of the zoning regulations contained herein:
(1)
Church or other place of worship; a religious education center, parish house, rectory, parsonage or convent.
(2)
Public or private school accredited by the New York State Department of Education.
(3)
Public park or playground.
(4)
Public library, art gallery or museum.
(5)
Police, fire or ambulance station.
(6)
Cemetery.
(7)
Hospital/nursing home.
(8)
Professional physician/dental office.
(9)
Funeral home.
(10)
Municipal public or private utility structure.
(11)
A social club or lodge.
E.
Any proposed uses described in Subsection D herein which involve property adjacent to or fronting on the Oswego River shall also be subject to special use permit requirements as contained in Article XII of this chapter.
§ 640-11.1 R-3A Mixed Residential District.
[Added 6-18-2024 by L.L. No. 1-2025]
A.
Purpose. The intent of the R-3A District is to accommodate a development opportunity that offers a mix of residential options within Fulton's DRI Area. Mixed residential districts are characterized by providing a variety of housing options for people of all ages, abilities, incomes, and household sizes as well as some complementary uses throughout the area such as small offices, parks, and childcare facilities.
(1)
Introduction. This section provides regulatory standards governing land use and building form within the Mixed Residential District. The code is a reflection of the community's vision for downtown Fulton and implements the intent of the Comprehensive Plan, and Downtown Revitalization Initiative Strategic Investment Plan. The code is intended for adoption as part of the Fulton Zoning Ordinance. Upon adoption, it will supersede and replace existing zoning provisions regarding zoning districts, allowable land uses, permit requirements, and site development standards. The Mixed Residential District includes all property within the following boundaries: Nestle Ave to the east, Oswego Falls Park and South first Street to the south, the abandoned rail line right of way and Division Street to the north and South First Street to the west as shown on the City of Fulton Zoning Map.
(2)
Table of land uses and definitions.
P – Permitted Use | ||
|---|---|---|
S – Use subject to Special Use Permit | ||
T – Temporary use permitted with Temporary Use Permit | ||
X – Prohibited Use in Zone | ||
Table of Mixed Residential Land Uses | ||
Use | R-3A | Add. Regulations |
Bed-and-breakfast or inn | P | |
Church | P | |
Civic Center | S | |
Daycare Facility/Child Care | S | |
Community residence or alternative care facility | S | |
Government facility | S | |
Home occupations | P | |
Housing, permanent | P | |
- Apartment Unit | P | |
- Boardinghouse | X | |
- Condominium | P | |
- Duplex, triplex, fourplex | P | |
- Rowhouse/townhomes | P | |
- Single family homes | P | |
- Two family homes | P | |
Nursing home | S | |
Parks or Playground | P | |
Public utility | P | |
Professional offices, medical offices, or dental offices, provided that they are located on an arterial street and occupy a structure less than _____ of gross floor area[1] | S | |
School | S | |
Senior housing (multiple units on one lot) | S | |
Other uses that the Planning Commission finds to be in accord with the purpose of this chapter and having characteristics similar to those uses listed in this table | P, C, T, or X | |
[1]
Editor's Note: So in original.
(3)
Applicability.
(a)
Compliance is intended to occur over time as redevelopment and new development occur. This section recognizes lawful nonconforming status of uses and structures and normal maintenance is encouraged. This section also recognizes that some sites may be difficult to develop in compliance with the provisions herein and provides for variance procedures within certain parameters.
(b)
The provisions in this section shall apply to all development or redevelopment of property within the Mixed Residential District.
(4)
Exemptions.
(a)
Regular maintenance and repair of materials, parking resurfacing and similar maintenance is exempt from compliance with this section.
(b)
A building expansion that is solely designed and constructed to provide accessibility for the disabled, provide for screened service areas or relocate or screen visible exterior mechanical equipment so long as such equipment is no longer visible, is also exempt from compliance with this section.
(5)
Conflicting provisions. In the event that this section conflicts with any other City Code provision, the provision of this section shall supersede.
B.
Use regulations.
(1)
The following accessory uses are permitted in the Mixed Residential District provided that such structures/uses are in compliance with Chapter 640 and other applicable zoning regulations contained herein:
(a)
Detached residential garage.
(b)
Private swimming pool.
(c)
Residential greenhouse.
(d)
Residential garden/tool/storage shed.
(e)
Deck or gazebo.
(f)
Tennis court.
(2)
Special use permits and site plan approval shall be required for the following uses:
(a)
Bed-and-breakfast.
(b)
Civic center.
(c)
Child care facilities.
(d)
Community residence or alternative care facility.
(e)
Governmental buildings.
(f)
Nursing homes.
(g)
Police or fire station.
(h)
Professional offices.
(i)
Schools.
(j)
Senior housing.
(3)
Accessory dwelling units (ADU) shall be allowed in any R-3A District, provided that they comply with the following:
(a)
That only one ADU shall be allowed within the principal building.
(b)
That the ADU shall have a minimum of 325 gross square feet of floor area and shall not exceed more than 30% of the gross feet of the floor area of the principal building.
(c)
That the principal building in which the ADU exists shall be owner-occupied.
(d)
That the ADU shall not be occupied by more than two persons.
(e)
That in addition to the two required parking spaces for the principal building that one additional space shall be provided for the ADU.
(f)
That individuals occupying the ADU must be related to the owner of the principal building.
(g)
That a separate entrance/exit to the exterior at grade shall be provided from the ADU.
(h)
That the ADUs are not allowed in accessory structures.
(i)
That an application for the proposed ADU shall be made to the Bureau of Code Enforcement on a form provided by the Bureau.
(j)
That an inspection of the premises shall be required to ensure compliance with the zoning regulations contained herein.
(k)
That upon approval of the application, an ADU permit be issued to the owner/occupant of the principal building.
(l)
That the ADU permit shall be required to be renewed annually by the owner.
(m)
Application fee and permit fees shall be found in Chapter A700, titled "Fees."
(4)
Multifamily dwellings to single-family dwelling conversion must meet the following standards in order to obtain a certificate of occupancy:
(a)
Application for conversion permit must be completed and displayed in window.
(b)
Criteria for compliance: one water meter; one gas meter; one electric meter; one kitchen.
(c)
Final inspection must be scheduled for inspection.
(d)
Certificate of occupancy issued by the City of Fulton Code Department upon approval.
(5)
The following uses are prohibited in the Mixed Residential District:
(a)
Any use not noted in the Mixed Residential Land Uses table above.
(6)
Definitions.
APARTMENT UNIT
Any residential unit within a building containing three or more dwelling units where access to each residential unit is obtained through a common entrance or entrances from the street level and the residential units are connected by an interior corridor.
BED-AND-BREAKFAST OR INN
A home where one family or manager is in permanent residence and from two to six guest rooms are rented for overnight lodging. Meals may be provided for compensation subject to applicable County Health Department regulations, and no provision for cooking in any individual room is made. More than six guest rooms shall be considered a hotel.
BOARDING HOUSE
A house providing food and lodging for paying guests.
CHURCH
A building used for nonprofit purposes by a recognized and legally established sect solely for the purpose of worship.
CIVIC CENTER
An area developed or to be developed with any of the following public buildings or uses, including offices, libraries, playgrounds, parks, assembly halls, police stations, fire stations.
COMMUNITY RESIDENCE AND ALTERNATIVE CARE FACILITY
A facility that operates 24 hours a day to provide room, board, supervision and services to three or more people who have developmental, mental and/or substance related disabilities.
CONDOMINIUM
A building or complex of buildings containing a number of individually owned apartments or houses.
DUPLEX
A structure on a single residential lot of record containing two units for occupancy by two independent households. Each unit is totally separated from the other by an unpierced wall extending from ground to roof, or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell. Each unit contains its own cooking, sleeping and sanitary facilities and its own entrance.
FOURPLEX
A multifamily home typically designed to house four separate families under one roof.
GOVERNMENT FACILITY
Any facility owned and operated by City, county, state or federal governments, regardless of the use.
HOME OCCUPATION
A use conducted entirely within a dwelling and carried on by the inhabitant(s) thereof, which use is clearly incidental and secondary to the use of the structure for residential purposes, and which does not alter the character thereof. By its very nature and scope the use does not adversely affect the activities, enjoyment, or property values of the neighborhood.
HOUSING, PERMANENT
Includes apartments, condominiums, duplexes, triplexes, fourplexes, row houses, townhouses.
NURSING HOME
A public or private residential facility providing a high level of long-term personal or nursing care for persons (such as the aged or the chronically ill) who are unable to care for themselves.
PARK OR PLAYGROUND
Land managed by the public and set aside for public use which may or may not have developed recreational facilities, such as playground, tennis courts, horse and bike trails, baseball fields, picnic areas, swimming pools, and/or bathrooms.
PROFESSIONAL OFFICE
An office used by persons who provide services, such as accountants, architects, planners, engineers, surveyors, geologists, lawyers, designers, real estate agents, investment brokers, title and escrow offices, business incubator, but does not include a veterinary office or kennel, nor any adult-oriented business.
ROWHOUSE
A single-family home set at the same point on the property line as its neighboring units, sharing a common wall, roofline and, generally, a consistent exterior design.
SCHOOL
An institution for the teaching of children or adults, including primary and secondary schools.
SENIOR HOUSING
A housing facility consisting of more than one structure on a single lot specifically designed to meet the needs of the elderly. Dwellings, whether designed for single-family, two-family or multifamily occupancy, designated exclusively for occupancy by elderly and physically handicapped persons. Such housing typically has wider doorways, elevators that can accommodate wheelchairs, special support and hand bars and bathroom and kitchen facilities designated specifically for the elderly or physically handicapped. The dwellings may also be supported by personal care facilities, central recreation areas and accessory medical facilities. Such housing may be private or subsidized under one or more governmental programs.
SINGLE-FAMILY HOME
A detached building that contains a single dwelling unit.
TOWNHOME
A multistory house in a modern housing development which is attached to one or more similar houses by shared walls.
TRIPLEX
A building divided into three self-contained residences.
TWO-FAMILY HOME
A detached building that contains two dwelling units.
C.
Regulations applicable to all. The following standards apply to all sites and buildings in all areas unless expressly stated otherwise.
(1)
Site requirements.
(a)
Lot width. Lot width is the distance between the two side lot lines measured at the primary street property line along a straight line (or along the chord of the property line on a curvilinear lot).
(b)
Lot depth. Lot depth is the distance between the front and rear property lines measured along a line midway between the side property lines.
(2)
Building placement.
(a)
Building setbacks.
[1]
Building setbacks apply to all structures. There are four types of setbacks.
[a]
Primary street.
[b]
Side street.
[c]
Side interior.
[d]
Rear.
[2]
Measurement of setbacks. Primary and side street setbacks are measured from the property line. Side, rear, and interior setbacks are measured from the property line (or edge of right-of-way where there is an alley).
[3]
Primary and side street designation. Where only one street abuts a lot, that street is considered the primary street. A lot with multiple frontages must have at least one primary street, as designated by the Code Enforcement Officer, based on the following criteria:
[a]
The street(s) with the highest classification.
[b]
The established orientation of the block.
[c]
The street(s) abutting the longest face of the block.
[d]
The streets(s) parallel to an alley within a block.
[e]
The street that the lot takes its address from.
(b)
Building height.
[1]
Measurement. Building height is regulated in feet and is measured from the average grade of the frontage facing a primary street to the mean height level between the eaves and ridge of a gable, hip, mansard, or gambrel roof or to the highest point of roof surface of a flat roof, not including allowed encroachments.
[2]
Height encroachments. All buildings must be constructed within the maximum building height.
(c)
Facade requirements.
[1]
Building materials. Permitted building materials include: wood, masonry, metal, concrete, glass, fiber- cement, vinyl, and exterior insulation and finish systems.
[2]
Pedestrian access. All buildings must provide a street-facing entrance operable to residents or customers at all times during operating hours. There must be a connection between all main building entrances and the closest sidewalk (or street if there is no sidewalk).
(d)
Setback encroachments. All buildings and structures must be located behind the required setback except for the encroachments allowed below.
[1]
Awnings.
[a]
Description. An ornamental roof-like protective cover over a door, entrance, window or outdoor service area that projects from the face of a structure and is constructed of durable materials.
[b]
General provisions.
[i]
Awnings shall be continuous above openings below. Breaks in awnings shall coincide with breaks in facade openings below.
[ii]
Canvas and fabric awnings must be made of durable fabric and must be in a fixed position.
[iii]
High-gloss or plasticized fabrics are prohibited.
[iv]
Bright colors that are incompatible with building materials are prohibited.
[v]
Internally illuminated or backlit awnings are prohibited.
[vi]
Awnings must be self-supporting. No support poles may encroach onto the right-of-way.
D.
Parking in the Mixed Residential District.
(1)
Off-street parking is required for residential uses in accordance with Chapter 640. Residential uses shall comply with Chapter 640 Attachment 2 Schedule B, Off-Street Parking Requirements. However, a request to reduce the number of required parking spaces may be made to the Planning Commission concurrent with a design review or special use permit application, provided a Parking Study supports the finding that the number of parking spaces actually needed for a specific project is less than that required by Code.
(2)
For commercial uses within the Mixed Residential District, parking should be located on the side of the building or behind the behind.
District | Permitted Principal Use | Permitted Use With Site Plan Approval | Minimum Lot Size | Maximum Percentage of Lot Occupied By | Minimum Habitable Floor Area Per Dwelling Unit (SF) | Maximum Height of Building or Structure (feet) | Minimum Yard Setbacks (feet) | ||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Area (SF) | Width (feet) | Front | One Side | Total Two Sides | Rear | ||||||
R3-A Mixed Residential District | 2,400 per dwelling unit | 60 | Principal building 25% | 600 | 24 | 5 | 10 | 20 | 25 | ||
§ 640-12 R-4 Residential Planned Unit Development (PUD) District.
A.
Purpose. The R-4 Residential Planned Unit Development (PUD) District is established to provide and maintain land area for large-scale residential multiple-dwelling developments of a type and/or density that would not be permitted in other residential districts.
B.
Eligibility for reclassification. Any R-2 or R-3 zoned residential district shall be eligible for reclassification from an R-2 or R-3 to an R-4 Planned Unit Development District with site plan approval from the Planning Commission, provided that such use is in compliance with Schedule A[1] and other applicable provisions of the zoning regulations contained herein.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
Developer's responsibilities.
(1)
Developer shall be responsible for the installation and maintenance of all infrastructure, including stormwater, sanitary and potable water lines to be installed on the premises and the connection to all City utility mains.
(2)
The developer shall be responsible for the installation and maintenance of all private road, driveway and parking areas on the premises.
D.
Special limitations.
(1)
No building shall contain more than 10 dwelling units.
(2)
No building shall exceed two stories in height above a basement.
(3)
There shall be no less than two off-street parking spaces per dwelling unit.
E.
Permitted accessory use. The following shall be permitted accessory uses:
(1)
Recreation center.
(2)
Playground.
(3)
Parking.
(4)
Garden/tool/trash/storage shed.
(5)
Management office.
(6)
Municipal public or private utility structure.
§ 640-13 Accessory residential structures/uses.
A.
Accessory residential structure limitations.
(1)
No accessory structure shall be located forward of the front wall of the main building.
(2)
No accessory structure shall be located within five feet of an exterior property line, except where a side yard abuts a street, the setback shall be the same as for the principal building.
(3)
The height of an accessory structure shall not exceed 15 feet as measured from the average grade at the front of the accessory building to the highest point of the roof.
(4)
An accessory structure shall be located on the same lot as the principal building.
(5)
Except for the Residential Accessory Parking District (R-AP), the maximum percentage of lot occupied by the principal building, accessory structures and impervious surface shall not exceed 50% of the lot area. (See § 640-21.)
(6)
No single detached accessory structure shall occupy more than 75% of the gross square feet of land area occupied by the principal building on the same lot.
(7)
No back or side backstops or fencing of any tennis courts shall exceed 12 feet in height.
(8)
In addition to one unattached garage, there shall not be more than one other accessory building on each lot intended for residential purposes, provided that any other accessory building shall not exceed 140 square feet in area.
(9)
A paved patio or stoned terrace shall not be considered as part of a building in determining lot coverage for buildings, provided that such patio is unroofed and enclosures of such space do not exceed six feet in height. However, a patio shall be considered as an impervious surface when calculating for percentage of lot covered by accessory structures/impervious surfaces.
(10)
When an accessory building is attached to the principal building, it shall be considered an addition and shall comply in all respects with the requirements of this chapter applicable to the principal building.
B.
Accessory residential use limitations/home occupation.
(1)
A home occupation shall be limited to residential owner-occupied dwelling units in one- and two-family dwellings in districts which allow the same upon application and approval of the permit by the Bureau of Code Enforcement.
(2)
A home occupation shall not be conducted in an accessory structure.
(3)
A home occupation shall not change the exterior residential character of the building, except that a sign may be installed per § 640-25C(1).
(4)
No nonresident person outside the family shall be employed in any home occupation.
(5)
A home occupation shall not occupy more than 25% of the floor area in buildings where they are conducted.
(6)
The following home occupations shall be permitted in any owner-occupied one- and two-family dwellings in districts which allow the same:
(a)
Babysitting for less than three nonrelated children and group family day-care homes.
(b)
Cooking or baking.
(c)
Dressmaking or seamstress.
(d)
Drafting.
(e)
Piano instruction for a single pupil at a time.
(f)
Artist/sculptor.
(g)
Accountant.
(h)
Special education instruction for one pupil at a time.
(i)
Computer service other than sales and/or repair of computer equipment.
(j)
Nail salon.
(7)
If the applicant desires a home occupation which is different but similar to the expressly permitted use above, they may make application for approval from the Zoning Board of Appeals for such use.
(8)
Notwithstanding compliance with any of the above, a home occupation shall not involve or require processes or practices which are or may be hazardous, noxious or offensive to surrounding use of the neighborhood by reason of generation or emission of odor, dust, smoke, fumes, noise, vibration or electrical interference.
C.
Prohibited accessory use. No materials which are not customary to residential use shall be stored outdoors on open areas of the premises in any residential district except those which are to be used in the construction or alteration of a structure or building upon the lot where such material is stored. Such material shall not be stored for a period in excess of six months.
§ 640-14 (Reserved) [1]
[1]
Editor's Note: Former § 640-14, MHP-1 Mobile Home Park District, was repealed 9-23-2025 by L.L. No. 13-2025.
§ 640-15 C-1 Neighborhood Commercial District.
A.
Purpose. The C-1 Neighborhood Commercial District is established to provide for limited commercial use abutting any residential district.
B.
Any proposed uses described in Subsection B herein which involve any of the following shall also be subject to special use permit requirements as contained in Article XII of this chapter:
(1)
Property adjacent to or fronting the Oswego River.
C.
The following uses shall be permitted in any C-1 Neighborhood Commercial District with site plan approval from the Planning Commission, provided that such use is in compliance with Schedule A[1] and other applicable provisions of the zoning regulations contained herein:
(1)
Neighborhood grocery store.
(2)
Small retail store.
(3)
Bank or other lending institution.
(4)
Church or other places of worship; a religious educational center, parish house, rectory, parsonage or convent.
(5)
Social club or lodge.
(6)
Restaurant/eating and drinking establishment.
(7)
Confectionery or bakery in which goods are made and sold at retail on premises.
(8)
Personal service establishment, such as a beauty parlor, barber or shoe repair.
(9)
Coin-operated laundry or dry-cleaning establishment.
(10)
Licensed professional offices, such as medical, dental, legal, engineering, architectural, real estate broker, insurance.
(11)
Copy center.
(12)
Licensed day-care center.
(13)
Municipal public or private utility structure.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
§ 640-16 C-2 Commercial District.
A.
Purpose. The C-2 Commercial District is established to provide for a wide variety of business use.
B.
The following uses shall be permitted in any C-2 Commercial District with site plan approval from the Planning Commission, provided that such use is in compliance with Schedule A[1] and other applicable provisions of the zoning regulations contained herein:
(1)
Property adjacent to or fronting on the Oswego River.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
Any proposed uses described in Subsection B herein which involve any of the following shall also be subject to special use permit requirements as contained in Article XII of this chapter:
(1)
Retail store.
(2)
Police, fire or ambulance station.
(3)
Restaurant/eating and drinking establishment.
(4)
Movie theater.
(5)
Convenience store/mini-mart.
(6)
Repair garage.
(7)
Self-service station/service station.
(8)
Public parking garage.
(9)
Business or professional office.
(10)
Bank or other lending institution.
(11)
Personal service establishment, such as beauty parlor, tailor, barbershop or shoe repair.
(12)
Laundry or dry-cleaning establishment.
(13)
Warehouse/wholesale supplier.
(14)
Printing and photo copy shop.
(15)
Hotel or motel.
(16)
Appliance sales or service.
(17)
Bowling alley, billiard or pool hall.
(18)
Indoor golf driving range or tennis court.
(19)
Commercial or vocational school.
(20)
Municipal, county, state or federal office.
(21)
Business services, such as Chamber of Commerce or trade union office.
(22)
Auto, boat, trailer or mobile home sales lot or agency.
(23)
Farm implement sales agency.
(24)
Car work.
(25)
Greenhouse/garden supply.
(26)
Church.
(27)
Veterinarian animal hospital.
(28)
Licensed day-care center.
(29)
Municipal public or private utility structure.
(30)
Taxicab company.
§ 640-17 C-2A Central Business District.
A.
Purpose. The C-2A Central Business District is established to provide for a limited variety of small businesses and mixed residential use in close proximity to one another.
B.
The following uses shall be permitted in any C-2A Central Business District with site plan approval from the Planning Commission, provided that such use is in compliance with Schedule A[1] and other applicable provisions of the zoning regulations contained herein:
(1)
Property adjacent to or fronting on the Oswego River.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
Any proposed uses described in Subsection B herein which involve any of the following shall also be subject to special use permit requirements as contained in Article XII of this chapter:
(1)
Retail store.
(2)
Bank and financial institutions.
(3)
Insurance/real estate office.
(4)
Travel bureau.
(5)
Movie theater.
(6)
Personal service establishment such as beauty parlor, barbershop, tailor, shoe repair and tanning salon.
(7)
Restaurant/eating or drinking establishments.
(8)
Bookstore.
(9)
Photographic studio.
(10)
Delivery, mailing or telephone answering service.
(11)
Dry-cleaning establishment.
(12)
Packaged liquor store.
(13)
Hobby shop.
(14)
Business service office such as Chamber of Commerce or trade union office.
(15)
Residential dwellings in existing buildings located above the first floor.
(16)
Residential dwellings in multistory buildings more than 30 feet in height.
(17)
Residential townhouses on property which abuts the Oswego River.
(18)
Day-care center.
(19)
Municipal public or private utility structure.
(20)
Vocational.
[Added 8-2-2022 by L.L. No. 10-2022]
§ 640-18 C-3 Commercial Planned Unit Development (PUD) District.
A.
Purpose. The C-3 Commercial Planned Unit Development (PUD) District is established to provide and maintain land area for large-scale commercial developments of a type and/or density that would not be permitted on other commercial land.
B.
Eligibility for reclassification. Any C-1 or C-2 zoned commercial district shall be eligible for reclassification from C-1 or C-2 to a C-3 Commercial Planned Unit Development District with site plan approval from the Planning Commission, provided that such use is in compliance with Schedule A and other applicable provisions of the zoning regulations contained herein.
C.
Any permitted use in a C-1 or C-2 District shall be permitted in the C-3 District. Any prohibited use in a C-1 or C-2 District shall be prohibited in the C-3 District.
D.
Developer's/owner's responsibilities.
(1)
The developer/owner shall be responsible for the installation and maintenance of all infrastructure, including stormwater, sanitary and potable waterlines to be installed on the premises and the connections to all City utility mains.
(2)
The developer/owner shall be responsible for the installation and maintenance of all private roads, driveways and parking areas on the premises.
E.
Special limitations.
(1)
No principal building shall exceed four stories or 48 feet in height.
(2)
No accessory building shall exceed three stories or 36 feet in height.
(3)
Off-street parking requirements shall meet or exceed the minimum requirements of Schedule B[1] contained herein. If there be more than one use on such premises, each use shall be regulated independently of each other.
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
(4)
Off-street parking spaces shall be provided as needed. Such spaces shall be a minimum of 10 feet wide and 28 feet in length and shall at no time extend into a public street.
F.
Permitted accessory use. The following shall be permitted accessory uses:
(1)
Recreation centers or parks.
(2)
Day-care centers.
(3)
Storage buildings.
(4)
Parking lots or garages.
(5)
Municipal public or private utility structures.
§ 640-18.1 CR-2 Commercial Residential District.
[Added 6-18-2024 by L.L. No. 1-2025]
A.
Purpose. The purpose of the Commercial Residential (CR-2) District is to provide a wide variety of businesses, services, and residential opportunities to those who live, work, and play in the city of Fulton.
(1)
Introduction. This section provides regulatory standards governing land use and building form within the Commercial Residential District. The code reflects the community's vision for downtown Fulton and implements the intent of the Comprehensive Plan, Local Waterfront Revitalization Plan, and Downtown Revitalization Initiative Strategic Investment Plan. The code is intended for adoption as part of the Fulton Zoning Ordinance. Upon adoption, it will supersede and replace existing zoning provisions regarding zoning districts, allowable land uses, permit requirements, and site development standards unless otherwise noted. The CR-2 District includes all property within the following boundaries: property south of Country Road 3, east of South First Street and north of State Street, all property east and directly adjacent to 481 and south of County Road 3, and all property west and directly adjacent to 481, south of Division Street and north of Nestle Avenue.
(2)
Table of Land Uses and Definitions.
P – Permitted Use | ||
|---|---|---|
S – Use subject to Special Use Permit | ||
T – Temporary use permitted with Temporary Use Permit | ||
X – Prohibited use in zone | ||
Table of Commercial Residential (CR-2) District Land Uses | ||
Use | CR-2 | Add. Regulations |
Alcoholic beverage production and sales | P | |
Animal hospital | P | |
Automotive repair | P | |
Bar | P | |
Bed-and-breakfast or inn | P | |
Business services or trade union | P | |
Church | P | |
Cigar lounge | X | |
Commercial or vocational school | P | |
Convenience store/mini mart | P | |
Daycare facility/childcare | P | |
Financial institution | P | |
Food establishments | P | |
Government facility | P | |
Gun and ammunition sales | S | |
Health and fitness club | P | |
Home occupation | P | |
Hookah bar | X | |
Hotel or motel | P | |
Housing, permanent | P | |
- Apartment Unit | P | |
- Condominium | P | |
- Duplex, triplex, fourplex | P | |
- Rowhouse/townhomes | P | |
Housing, temporary | S | |
Medical marijuana dispensary | X | |
Mortuary | S | |
Museum | P | |
Nightclub | P | |
Open air market | T | |
Park/playground | P | |
Parking facility | S | |
Pawn shop | S | |
Pet shop | P | |
Personal service | P | |
Police, fire, or ambulance station | P | |
Professional office | P | |
Police, fire, or ambulance station | P | |
Printing or photo copy shop | P | |
Recreation facility | P | |
Residential care facility | P | |
Retail sale | P | |
Self-service station/service station | P | |
Studio/workshop | P | |
Tattoo parlor | S | |
Thrift store | S | |
Travel bureau | P | |
Upper level residential | P | |
Other uses that the Planning Commission finds to be in accord with the purpose of this chapter and having characteristics similar to those uses listed in this table | P, S, T or X | |
(3)
Applicability.
(a)
Compliance is intended to occur over time as redevelopment and new development occur. This section recognizes lawful nonconforming status of uses and structures and normal maintenance is encouraged. This section also recognizes that some sites may be difficult to develop in compliance with the provisions herein and provides for variance procedures within certain parameters.
(b)
The provisions in this section shall apply to all development or redevelopment of property within the Commercial Residential (CR-2) District.
(4)
Exemptions.
(a)
Regular maintenance and repair of materials, parking resurfacing and similar maintenance is exempt from compliance with this section.
(b)
A building expansion that is solely designed and constructed to provide accessibility for the disabled, provide for screened service areas or relocate or screen visible exterior mechanical equipment so long as such equipment is no longer visible, is also exempt from compliance with this section.
(5)
Conflicting provisions. In the event that this section conflicts with any other City Code provision, the provision of this section shall supersede.
B.
Use regulations.
(1)
With the exception of the prohibited uses listed in this subsection, all uses listed as permitted uses within the City of Fulton Code Chapter 640 are permitted within the Mixed Use District, subject to the regulations of this section.
(2)
Special use permits and site plan approval shall be required for the following uses:
(a)
Gun and ammunition sales.
(b)
Housing, temporary.
(c)
Mortuary.
(d)
Parking facility.
(e)
Pawn shop.
(f)
Tattoo parlor.
(g)
Thrift store.
(3)
Standards for eating and drinking establishments and sidewalk cafes.
(a)
Eating and drinking establishments and sidewalk cafes may operate between the hours of 6:00 a.m. and 11:00 p.m.
(b)
A sidewalk cafe within the public right-of-way may be permitted only in conjunction with and adjacent to a street level eating or drinking establishment. The cafe must maintain a clear path of travel free of obstructions that impede the flow of pedestrian traffic.
(c)
No outdoor establishment shall operate musical instruments or sound reproduction devices unless a special use permit is approved enabling and controlling such operation.
(d)
The design of the outdoor seating areas, if applicable, shall be consistent with the main building to which it is attached, in materials, colors and amenities such as railings, light fixtures, canopies, and furniture.
(4)
The following uses are prohibited in the Commercial Residential District:
(a)
Adult uses including bookstores.
(b)
Automotive graveyard.
(c)
Campground.
(d)
Cemetery.
(e)
Cigar lounge.
(f)
Contractor's yard.
(g)
Commercial surface parking lots as primary use on any property (unless publicly owned).
(h)
Dwelling, single-family.
(i)
Golf courses.
(j)
Hookah bar.
(k)
Industry, heavy.
(l)
Junkyard.
(m)
Marijuana sales including a medical marijuana dispensary.
(n)
Nightclubs, discotheque, or dance hall.
(o)
Off-premises freestanding signs.
(p)
Scrap metal processing.
(q)
Self-storage.
(r)
Smoke shops.
(5)
Definitions.
ALCOHOLIC BEVERAGE PRODUCTION AND SALES
"Alcoholic beverage" or "beverage" means and includes alcohol, spirits, liquor, wine, beer, cider and every liquid, solid, powder or crystal, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being, and any warehouse receipt, certificate, contract or other document pertaining thereto; except that confectionery containing alcohol as provided by Subdivision 12 of § 200 of the Agriculture and Markets Law and ice cream and other frozen desserts made with wine as provided in Subdivision 15 of § 200 of the Agriculture and Markets Law shall not be regulated as an "alcoholic beverage" or "beverage" within the meaning of this section where the sale, delivery or giving away is to a person aged 21 years or older. The sale, delivery or giving away of ice cream made with wine to a person under the age of 21 years may be prosecuted administratively and/or criminally in accordance with the provisions of this chapter. Can be in conjunction with a bar, tavern, or restaurant use.
ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical treatment, and where the boarding of the same animals is limited to short-term period's incidental to the hospital care.
APARTMENT UNIT
Any residential unit within a building containing three or more dwelling units where access to each residential unit is obtained through a common entrance or entrances from the street level and the residential units are connected by an interior corridor.
AUTOMOTIVE REPAIR
A facility providing repair services to automobiles, trucks, or motorcycles, including the sale, and mounting of tires.
BAR
An establishment primarily serving alcoholic beverages by the drink to the general public, with the service of food incidental to the consumption of liquor. Includes pub, tavern, and cocktail lounge.
BED AND BREAKFAST OR INN
A home where one family or manager is in permanent residence and from two to six guest rooms are rented for overnight lodging. Meals may be provided for compensation subject to applicable County Health Department regulations, and no provision for cooking in any individual room is made. More than six guest rooms shall be considered a hotel.
BUSINESS SERVICES OR TRADE UNION
An establishment for organized association of workers in a trade, group of trades, or profession, formed to protect and further their rights and interests.
CHURCH
A building used for nonprofit purposes by a recognized and legally established sect solely for the purpose of worship.
CIGAR LOUNGE
A business establishment that is dedicated, in whole or in part, to the smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments known variously as cigar lounges, hookah lounges, or tobacco clubs.
COMMERCIAL OR VOCATIONAL SCHOOL
A location with the purpose of education or training directed at a particular occupation and its skills.
CONDOMINIUM
A building or complex of buildings containing a number of individually owned apartments or houses.
CONVENIENCE STORE/MINI MART
A store with extended opening hours and in a convenient location, stocking a limited range of household goods and groceries.
DAYCARE FACILITY/CHILDCARE
A facility that provides non-medical care and supervision of minor children or elderly adults for periods of less than 24 hours; that does not qualify as a small or large family day care home; and that meets the licensing requirements of the state. Any establishment may provide child or adult day care as an accessory use that is not subject to additional permit requirements, provided that the establishment offers such service only to its customers or employees, and only during the period when the customers or employees are visiting or working in the establishment.
DUPLEX
A structure on a single residential lot of record containing two units for occupancy by two independent households. Each unit is totally separated from the other by an unpierced wall extending from ground to roof, or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell. Each unit contains its own cooking, sleeping and sanitary facilities and its own entrance.
FINANCIAL INSTITUTION
A facility offering financial services such as a bank, credit union, savings & loan, or finance company.
FOOD ESTABLISHMENTS
The serving of food and beverages to patrons for compensation, including deli, sandwich, bakery (retail sales only), candy, coffee, ice cream, health food, cafe, restaurant.
FOURPLEX
A multifamily home typically designed to house four separate families under one roof.
GOVERNMENT FACILITY
Any facility owned and operated by City, county, state or federal governments, regardless of the use.
GUN AND AMMUNITION SALES
Any premises or portions thereof used for the sale, vending, dealing, exchange or transfer of firearms and ammunition.
HEALTH AND FITNESS CLUB
A facility owned or operated by a corporation, association, person or persons, for a social, educational or recreational purpose, to which membership is required for participation.
HOME OCCUPATION
A use conducted entirely within a dwelling and carried on by the inhabitant(s) thereof, which use is clearly incidental and secondary to the use of the structure for residential purposes, and which does not alter the character thereof. By its very nature and scope the use does not adversely affect the activities, enjoyment, or property values of the neighborhood.
HOOKAH BAR
An establishment where patrons communally smoke flavored tobacco, upon written clearance from the New York State Department of Health.
HOTEL OR MOTEL
A building or portion thereof, or a group of buildings, with access through a common entrance, lobby or hallway, to seven or more guestrooms that are designed and intended for paid overnight lodging on a short-term basis. The term "hotel" and "motel" may be used interchangeably.
HOUSING, PERMANENT
Includes apartments, condominiums, duplexes, triplexes, fourplexes, row houses, townhouses.
HOUSING, TEMPORARY
A facility for transient occupancy, such as a hotel, bed-and-breakfast residence, Airbnb, VRBO, or other short-term vacation rentals.
MEDICAL MARIJUANA DISPENSARY
Any facility or location where a primary caregiver makes available, sells, transmits, gives, or otherwise provides medical marijuana to two or more persons with identification cards or qualified patients.
MORTUARY
Place where dead bodies are kept temporarily or where dead body is prepared for funeral.
MUSEUM
A building serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, arranged intended and designed to be used by the public for viewing. The sale of goods to the public as gifts may be included as an accessory use.
NIGHTCLUB
A commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing and musical entertainment are permitted. Includes discotheques and dance halls.
OPEN AIR MARKET
An establishment for the sale of fresh agricultural produce and related products, and licensed by the City.
PARK/PLAYGROUND
Land managed by the public and set aside for public use which may or may not have developed recreational facilities, such as playground, tennis courts, horse and bike trails, baseball fields, picnic areas, swimming pools, and/or bathrooms.
PARKING FACILITY
An open, paved or otherwise surfaced area, or a structure, used for the parking and storage of vehicles, for free or for compensation or to accommodate patrons, customers or clientele of a business.
PAWN SHOP
An establishment that lends money at a specified rate of interest on articles of personal property left as security. Does not include gun sales unless a special use permit application is filed, reviewed, and approved by the Planning Commission.
PERSONAL SERVICE
A facility used primarily for the provision of personal services related to the care and appearance of the body, or the cleaning and repair of personal effects. Typical uses include hair salons, tailors, dressmakers, tanning salons, dry cleaners, laundry establishments, or shoe repair shops.
PET SHOP
An establishment primarily engaged in the retail sale of household pets.
POLICE, FIRE, OR AMBULANCE STATION
A building that houses vehicles and personnel to transport emergency patients and administer emergency and safety services as well as medical treatment.
PRINTING OR PHOTO COPY SHOP
A shop that offers photocopying and printing services.
PROFESSIONAL OFFICE
An office used by persons who provide services such as accountants, architects, planners, engineers, surveyors, geologists, lawyers, designers, real estate agents, investment brokers, title and escrow offices, business incubator, but does not include a veterinary office or kennel, nor any adult-oriented business.
RECREATION FACILITY
An establishment that provides entertainment activities or services for a fee or admission charge, including a bowling alley, electronic game arcades, billiard rooms, miniature golf, indoor party center.
RESIDENTIAL CARE FACILITY
Any family home, group care facility or similar establishment for 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
RETAIL SALE
The selling of goods, wares or merchandise directly to the ultimate consumer or persons without a resale license. Establishments may include convenience mart, florist or flower shop, grocery, insurance, pharmacy, jewelry, apparel, gift, hobby, hardware, bookstore, stationery, art exhibit & gallery, sporting goods, bicycle and bicycle rental, toy, music store (including sale of instruments, records, tapes), vehicle parts (excluding repair and service), antiques.
ROWHOUSE
A single-family home set at the same point on the property line as its neighboring units, sharing a common wall, roofline and, generally, a consistent exterior design.
SELF-SERVICE STATION/SERVICE STATION
Any gasoline station whose customers are permitted to pump their own fuels by approved special dispensing devices such as, but not limited to, coin-operated, card-operated, and remote preset types.
STUDIO/WORKSHOP
A studio facility for the arts, crafts, photography, music and music recording, dance, gymnastics, aerobics, yoga, martial arts, cooking.
TATTOO PARLOR
An establishment that provides body art designs and service, including body piercing, for its customers, provided that the business owner complies with all applicable requirements of the County Health Department, County Sheriff's Department, and conditions of approval that shall include age restriction, full screening of service operations, hours of operation, and measures to control loitering and traffic at the site.
THRIFT STORE
A for profit or nonprofit business that engages in the sale or resale of previously owned or used goods and merchandise.
TOWNHOME
A multistory house in a modern housing development which is attached to one or more similar houses by shared walls.
TRAVEL BUREAU
An agency that makes the necessary arrangements for travelers, especially the booking of airline tickets and hotel rooms.
TRIPLEX
A building divided into three self-contained residences.
UPPER LEVEL RESIDENTIAL
A residential dwelling located on the second story or higher of a building that is typically a food establishment, used for personal services, or retail.
ZONING DISTRICT
The classification of lands as established in this chapter and by the Official Zoning Map incorporated by reference herein.
ZONING MAP
The official map entitled "City of Fulton Zoning District Map" established pursuant to this chapter.
C.
Regulations applicable to all. The following standards apply to all sites and buildings in all areas unless expressly stated otherwise.
(1)
Site requirements.
(a)
Lot width. Lot width is the distance between the two side lot lines measured at the primary street property line along a straight line (or along the chord of the property line on a curvilinear lot).
(b)
Lot depth. Lot depth is the distance between the front and rear property lines measured along a line midway between the side property lines.
(2)
Building placement.
(a)
Building setbacks.
[1]
Building setbacks apply to all structures. There are four types of setbacks.
[a]
Primary street.
[b]
Side street.
[c]
Side interior.
[d]
Rear.
[2]
Measurement of setbacks. Primary and side street setbacks are measured from the property line. Side, rear, and interior setbacks are measured from the property line (or edge of right-of-way where there is an alley).
[3]
Primary and side street designation. Where only one street abuts a lot, that street is considered the primary street. A lot with multiple frontages must have at least one primary street, as designated by the Code Enforcement Officer, based on the following criteria:
[a]
The street(s) with the highest classification.
[b]
The established orientation of the block.
[c]
The street(s) abutting the longest face of the block.
[d]
The streets(s) parallel to an alley within a block.
[e]
The street that the lot takes its address from.
(b)
Building height.
[1]
Measurement. Building height is regulated in feet and is measured from the average grade of the frontage facing a primary street to the mean height level between the eaves and ridge of a gable, hip, mansard, or gambrel roof or to the highest point of roof surface of a flat roof, not including allowed encroachments.
[2]
Height encroachments. All buildings must be constructed within the maximum building height.
(c)
Facade requirements.
[1]
Transparency. Transparency is the minimum percent of street-facing facade that must be comprised of transparent windows. The ground story is measured between two and 12 feet above the sidewalk. This requirement applies to primary and side streets only. Opaque elements of a window (such as panes, frosted or tinted areas, and opaque portions of window signs) cannot be used to meet the transparency requirement.
[2]
Building materials. Permitted building materials include: wood, masonry, metal, concrete, glass, fiber-cement, and exterior insulation and finish systems.
[3]
Pedestrian access. All buildings must provide a street-facing entrance operable to residents or customers at all times during operating hours. There must be a connection between all main building entrances and the closest sidewalk (or street if there is no sidewalk).
(d)
Setback encroachments. All buildings and structures must be located behind the required setback except for the encroachments allowed below.
[1]
Awnings.
[a]
Description. An ornamental roof-like protective cover over a door, entrance, window or outdoor service area that projects from the face of a structure and is constructed of durable materials.
[b]
General provisions.
[i]
Awnings shall be continuous above openings below. Breaks in awnings shall coincide with breaks in facade openings below.
[ii]
Canvas and fabric awnings must be made of durable fabric and must be in a fixed position.
[iii]
High-gloss or plasticized fabrics are prohibited.
[iv]
Bright colors that are incompatible with building materials are prohibited.
[v]
Internally illuminated or backlit awnings are prohibited.
[vi]
Awnings must be self-supporting. No support poles may encroach onto the right-of-way.
D.
Parking in the CR-2 District.
(1)
Off-street parking is required for non-residential uses including:
(a)
One space for each three seating spaces for restaurants, fast-food chains, or clubs.
(b)
Three spaces for each 1,000 gross square feet of floor area for retail.
(2)
Residential uses shall comply with Chapter 640 Attachment 2 Schedule B, Off-Street Parking Requirements. However, a request to reduce the number of required parking spaces may be made to the Planning Commission concurrent with a design review or special use permit application, provided a parking study supports the finding that the number of parking spaces actually needed for a specific project is less than that required by Code.
District | Permitted Principal Use | Permitted Use With Site Plan Approval | Minimum Lot Size | Maximum Percentage of Lot Occupied By | Minimum Habitable Floor Area Per Dwelling Unit (SF) | Maximum Height of Building or Structure (feet) | Minimum Yard Setbacks (feet) | ||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Area (SF) | Width (Feet) | Front | One Side | Total Two Sides | Rear | ||||||
CR-2 Commercial Residential District | 8,000 | 60 | Principal building 50%, Accessory use and impervious surfaces 25% | 600 | 48 | 10 | 5 | 5 | 10 | ||
§ 640-18.2 DD Downtown District.
[Added 6-18-2024 by L.L. No. 1-2025]
A.
Purpose. The purpose of the Downtown District is to create a vibrant downtown with a variety of building types that offer retail, service, employment, hospitality, entertainment, and civic functions, as well as a variety of housing choices. This district aims to reinforce the walkability of the downtown and increase density.
(1)
Introduction. This section provides regulatory standards governing land use and building form within the Downtown District. The code reflects the community's vision for downtown Fulton and implements the intent of the Comprehensive Plan, Local Waterfront Revitalization Plan, and Downtown Revitalization Initiative Strategic Investment Plan. The code is intended for adoption as part of the Fulton Zoning Ordinance. Upon adoption, it will supersede and replace existing zoning provisions regarding zoning districts, allowable land uses, permit requirements, and site development standards unless otherwise noted. The Downtown District includes all property within the following boundaries: Oneida Street to the north, properties west of Second Street right of way to the west, Route 3 to the south, and the Canal to the east, except for properties located south of Rochester Street and north of Route 3 and between South First Street and the Canal which are zoned Mixed Residential (R-3A).
(2)
Table of land uses and definitions.
P – Permitted Use | ||
|---|---|---|
S – Use subject to Special Use Permit | ||
T – Temporary use permitted with Temporary Use Permit | ||
X – Prohibited use in zone | ||
Table of Downtown District Land Uses | ||
Use | DD | Add. Regulations |
Alcoholic beverage production and sales | P | |
Animal hospital | X | |
Automotive repair | X | |
Bar | P | |
Bed-and-breakfast or inn | P | |
Botanical garden | P | |
Carwash | X | |
Check cashing service | X | |
Church | P | |
Cigar lounge | X | |
Civic center | P | |
Community garden | P | |
Daycare facility/childcare | P | |
Financial institution | P | |
Food establishments | P | |
Government facility | P | |
Gun and ammunition sales | X | |
Health and fitness club | P | |
Home occupation | P | |
Hookah bar | X | |
Hotel or motel | P | |
Housing, temporary | S | |
Medical office | P | |
Mortuary | S | |
Museum | P | |
Nightclub | P | |
Open air market | T | |
Park or playground | P | |
Parking facility | S | |
Pawn shop | X | |
Personal service | P | |
Pet shop | P | |
Professional office | P | |
Recreation facility | P | |
Residential care facility | P | |
Retail sale | P | |
Street vendor/pushcart sales | T | |
Studio/workshop | P | |
Tattoo parlor | S | |
Theater | P | |
Thrift store | S | |
Travel bureau | P | |
Upper level residential | P | |
Vocational | S | |
Other uses that the Planning Commission finds to be in accord with the purpose of this chapter and having characteristics similar to those uses listed in this table | P, S, T or X | |
(3)
Applicability.
(a)
Compliance is intended to occur over time as redevelopment and new development occur. This section recognizes lawful nonconforming status of uses and structures and normal maintenance is encouraged. This section also recognizes that some sites may be difficult to develop in compliance with the provisions herein and provides for variance procedures within certain parameters.
(b)
The provisions in this section shall apply to all development or redevelopment of property within the Downtown District.
(4)
Exemptions.
(a)
Regular maintenance and repair of materials, parking resurfacing and similar maintenance is exempt from compliance with this section.
(b)
A building expansion that is solely designed and constructed to provide accessibility for the disabled, provide for screened service areas or relocate or screen visible exterior mechanical equipment so long as such equipment is no longer visible, is also exempt from compliance with this section.
(5)
Conflicting provisions. In the event that this section conflicts with any other City Code provision, the provision of this section shall supersede.
B.
Use regulations.
(1)
With the exception of the prohibited uses listed in this subsection, all uses listed as permitted uses within the City of Fulton Code Chapter 640 are permitted within the Downtown District, subject to the regulations of this section.
(2)
Special use permits and site plan approval shall be required for the following uses:
(a)
Mortuary.
(b)
Housing, temporary.
(c)
Parking facility.
(d)
Tattoo parlors.
(e)
Thrift stores.
(f)
Vocational.
(3)
Standards for eating and drinking establishments and sidewalk cafes.
(a)
Eating and drinking establishments and sidewalk cafes may operate between the hours of 6:00 a.m. and 11:00 p.m.
(b)
A sidewalk cafe within the public right-of-way may be permitted only in conjunction with and adjacent to a street level eating or drinking establishment. The cafe must maintain a clear path of travel free of obstructions that impede the flow of pedestrian traffic.
(c)
No outdoor establishment shall operate musical instruments or sound reproduction devices unless a Building Permit is approved enabling and controlling such operation.
(d)
The design of the outdoor seating areas, if applicable, shall be consistent with the main building to which it is attached, in materials, colors and amenities such as railings, light fixtures, canopies, and furniture.
(4)
The following uses are prohibited in the Downtown District:
(a)
Adult uses including bookstores.
(b)
Animal hospital.
(c)
Automotive graveyard.
(d)
Automotive repair.
(e)
Campground.
(f)
Cannabis dispensary.
(g)
Car wash.
(h)
Check cashing service.
(i)
Cemetery.
(j)
Cigar lounge.
(k)
Contractor's yard.
(l)
Commercial surface parking lots as primary use on any property (unless publicly owned).
(m)
Drive-through establishments.
(n)
Dwellings other than second story or higher residential.
(o)
Golf courses.
(p)
Gun and ammunition sales.
(q)
Hookah bar.
(r)
Industry, heavy.
(s)
Junkyard.
(t)
Motor vehicle sales, repair, or service station (allowed in CR-2 areas).
(u)
Off-premises freestanding signs.
(v)
Pawn shop.
(w)
Scrap metal processing.
(x)
Self-storage.
(y)
Smoke shops.
(5)
Definitions. Definitions, as they related to the Downtown District will be included in this section.
ALCOHOLIC BEVERAGE PRODUCTION AND SALES
"Alcoholic beverage" or "beverage" means and includes alcohol, spirits, liquor, wine, beer, cider and every liquid, solid, powder or crystal, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being, and any warehouse receipt, certificate, contract or other document pertaining thereto; except that confectionery containing alcohol as provided by Subdivision 12 of § 200 of the Agriculture and Markets Law and ice cream and other frozen desserts made with wine as provided in Subdivision 15 of § 200 of the Agriculture and Markets Law shall not be regulated as an "alcoholic beverage" or "beverage" within the meaning of this section where the sale, delivery or giving away is to a person aged 21 years or older. The sale, delivery or giving away of ice cream made with wine to a person under the age of 21 years may be prosecuted administratively and/or criminally in accordance with the provisions of this chapter. Can be in conjunction with a bar, tavern, or restaurant use.
ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical treatment, and where the boarding of the same animals is limited to short-term period's incidental to the hospital care.
AUTOMOTIVE REPAIR
A facility providing repair services to automobiles, trucks, or motorcycles, including the sale, and mounting of tires.
BAR
An establishment primarily serving alcoholic beverages by the drink to the general public, with the service of food incidental to the consumption of liquor. Includes pub, tavern, and cocktail lounge.
BED & BREAKFAST OR INN
A home where one family or manager is in permanent residence and from two to six guest rooms are rented for overnight lodging. Meals may be provided for compensation subject to applicable County Health Department regulations, and no provision for cooking in any individual room is made. More than six guest rooms shall be considered a hotel.
BOTANICAL GARDEN
A public or private facility for the demonstration and observation of the cultivation of flowers, fruits, vegetables, or ornamental plants.
CARWASH
A permanent, self-service or full service establishment that provides facilities for car washing. Catering service. A business that prepares food for consumption off-premises.
CHECK CASHING SERVICE
A place of business where one can cash a check for a fee.
CHURCH
A building used for nonprofit purposes by a recognized and legally established sect solely for the purpose of worship.
CIGAR LOUNGE
A business establishment that is dedicated, in whole or in part, to the smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments known variously as cigar lounges, hookah lounges, or tobacco clubs.
CIVIC CENTER
An area developed or to be developed with any of the following public buildings or uses, including offices, libraries, playgrounds, parks, assembly halls, police stations, fire stations.
COMMUNITY GARDEN
Garden plots where a group grows and cares for plants for the purpose of consumption, neighborhood beautification, or education.
DAYCARE FACILITY/CHILDCARE
A facility that provides non-medical care and supervision of minor children or elderly adults for periods of less than 24 hours; that does not qualify as a small or large family day care home; and that meets the licensing requirements of the state. Any establishment may provide child or adult day care as an accessory use that is not subject to additional permit requirements, provided that the establishment offers such service only to its customers or employees, and only during the period when the customers or employees are visiting or working in the establishment.
FINANCIAL INSTITUTION
A facility offering financial services such as a bank, credit union, savings & loan, or finance company.
FOOD ESTABLISHMENTS
The serving of food and beverages to patrons for compensation, including deli, sandwich, bakery (retail sales only), candy, coffee, ice cream, health food, cafe, restaurant.
GOVERNMENT FACILITY
Any facility owned and operated by City, county, state or federal governments, regardless of the use.
GUN AND AMMUNITION SALES
Any premises or portions thereof used for the sale, vending, dealing, exchange or transfer of firearms and ammunition.
HEALTH AND FITNESS CLUB
A facility owned or operated by a corporation, association, person or persons, for a social, educational or recreational purpose, to which membership is required for participation.
HOME OCCUPATION
A use conducted entirely within a dwelling and carried on by the inhabitant(s) thereof, which use is clearly incidental and secondary to the use of the structure for residential purposes, and which does not alter the character thereof. By its very nature and scope the use does not adversely affect the activities, enjoyment, or property values of the neighborhood.
HOOKAH BAR
An establishment where patrons communally smoke flavored tobacco, upon written clearance from the New York State Department of Health.
HOTEL OR MOTEL
A building or portion thereof, or a group of buildings, with access through a common entrance, lobby or hallway, to seven or more guestrooms that are designed and intended for paid overnight lodging on a short-term basis. The term "hotel" and "motel" may be used interchangeably.
HOUSING, TEMPORARY
A facility for transient occupancy, such as a hotel, bed & breakfast residence, Airbnb, VRBO, or other short-term vacation rentals.
MEDICAL OFFICE
An establishment that provides medical services by medical professionals such as physicians, dentists, chiropractors, optometrists or other similar medical staff. Includes a clinic, medical or dental laboratory or pharmacy incidental to an office, dialysis center, outpatient surgicenter, or urgent care. In the mixed use zones, hours of operation limited to 7:00 a.m. until 10:00 p.m.
MORTUARY
Place where dead bodies are kept temporarily or where dead body is prepared for funeral.
MUSEUM
A building serving as a repository for a collection of natural, scientific or literary curiosities or objects of interest, or works of art, arranged intended and designed to be used by the public for viewing. The sale of goods to the public as gifts may be included as an accessory use.
NIGHTCLUB
A commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing and musical entertainment are permitted. Includes discotheques and dance halls.
OPEN AIR MARKET
An establishment for the sale of fresh agricultural produce and related products, and licensed by the City.
PARK OR PLAYGROUND
Land managed by the public and set aside for public use which may or may not have developed recreational facilities, such as playground, tennis courts, horse and bike trails, baseball fields, picnic areas, swimming pools, and/or bathrooms.
PARKING FACILITY
An open, paved or otherwise surfaced area, or a structure, used for the parking and storage of vehicles, for free or for compensation or to accommodate patrons, customers or clientele of a business.
PAWN SHOP
An establishment that lends money at a specified rate of interest on articles of personal property left as security. Does not include gun sales unless a special use permit application is filed, reviewed, and approved by the Planning Commission.
PERSONAL SERVICE
An establishment that offers services to its customers by an act or useful labor, including a barbershop, beauty salon, day spa, manicure, tailor, dry cleaning, laundromat, small appliance repair (household, television, stereo system, computer), watch and jewelry repair, shoe repair, tax preparation, travel agency, employment agency, ticket agency, copy center, printing, automobile rental (office only), computer rental, cybercafe, package, postal and mailbox service. Pet shop. An establishment engaged in the retail sale of animals, pet supplies or grooming, including exotic animals, which are defined as not commonly domesticated in the United States or are wild by nature. No boarding of animals is permitted.
PET SHOP
An establishment primarily engaged in the retail sale of household pets.
PROFESSIONAL OFFICE
An office used by persons who provide services, such as accountants, architects, planners, engineers, surveyors, geologists, lawyers, designers, real estate agents, investment brokers, title and escrow offices, business incubator, but does not include a veterinary office or kennel, nor any adult-oriented business.
RECREATION FACILITY
An establishment that provides entertainment activities or services for a fee or admission charge, including a bowling alley, electronic game arcades, billiard rooms, miniature golf, indoor party center.
RESIDENTIAL CARE FACILITY
Any family home, group care facility or similar establishment for 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
RETAIL SALE
The selling of goods, wares or merchandise directly to the ultimate consumer or persons without a resale license. Establishments may include convenience mart, florist or flower shop, grocery, insurance, pharmacy, jewelry, apparel, gift, hobby, hardware, bookstore, stationery, art exhibit and gallery, sporting goods, bicycle and bicycle rental, toy, music store (including sale of instruments, records, tapes), vehicle parts (excluding repair and service), antiques.
STREET VENDOR
A portable, non-permanent, wheeled, movable facility for the sale of retail merchandise or food and beverages from a wagon or pushcart by a vendor with a valid City business license.
STUDIO OR WORKSHOP
A studio facility for the arts, crafts, photography, music and music recording, dance, gymnastics, aerobics, yoga, martial arts, cooking.
TATTOO PARLOR
An establishment that provides body art designs and service, including body piercing, for its customers, provided that the business owner complies with all applicable requirements of the County Health Department, County Sheriff's Department, and conditions of approval that shall include age restriction, full screening of service operations, hours of operation, and measures to control loitering and traffic at the site.
THEATRE
A building or portion thereof for the showing of motion pictures, or for dramatic, dance, musical or other live performances.
THRIFT STORE
A for profit or nonprofit business that engages in the sale or resale of previously owned or used goods and merchandise.
TRAVEL BUREAU
An agency that makes the necessary arrangements for travelers, especially the booking of airline tickets and hotel rooms.
UPPER LEVEL RESIDENTIAL
A residential dwelling located on the second story or higher of a building that is typically a food establishment, used for personal services, or retail.
VOCATIONAL
A location with the purpose of education or training directed at a particular occupation and its skills.
ZONING DISTRICT
The classification of lands as established in this chapter and by the Official Zoning Map incorporated by reference herein.
ZONING MAP
The official map entitled "City of Fulton Zoning District Map" established pursuant to this chapter.
C.
Regulations applicable to all. The following standards apply to all sites and buildings in all areas unless expressly stated otherwise.
(1)
Site requirements.
(a)
Lot width. Lot width is the distance between the two side lot lines measured at the primary street property line along a straight line (or along the chord of the property line on a curvilinear lot).
(b)
Lot depth. Lot Depth is the distance between the front and rear property lines measured along a line midway between the side property lines.
(2)
Building placement.
(a)
Building setbacks.
[1]
Building setbacks apply to all structures. There are four types of setbacks.
[a]
Primary street.
[b]
Side street.
[c]
Side interior.
[d]
Rear.
[2]
Measurement of setbacks. Primary and side street setbacks are measured from the property line. Side, rear, and interior setbacks are measured from the property line (or edge of right-of-way where there is an alley).
[3]
Primary and side street designation. Where only one street abuts a lot, that street is considered the primary street. A lot with multiple frontages must have at least one primary street, as designated by the Code Enforcement Officer, based on the following criteria:
[a]
The street(s) with the highest classification.
[b]
The established orientation of the block.
[c]
The street(s) abutting the longest face of the block.
[d]
The streets(s) parallel to an alley within a block.
[e]
The street that the lot takes its address from.
(b)
Building height.
[1]
Measurement. Building height is regulated in feet and is measured from the average grade of the frontage facing a primary street to the mean height level between the eaves and ridge of a gable, hip, mansard, or gambrel roof or to the highest point of roof surface of a flat roof, not including allowed encroachments.
[2]
Height encroachments. All buildings must be constructed within the maximum building height.
(c)
Facade requirements.
[1]
Transparency. Transparency is the minimum percent of street-facing facade that must be comprised of transparent windows. The ground story is measured between two and 12 feet above the sidewalk. This requirement applies to primary and side streets only. Opaque elements of a window (such as panes, frosted or tinted areas, and opaque portions of window signs) cannot be used to meet the transparency requirement.
[2]
Building materials. Permitted building materials include: wood, masonry, metal, concrete, glass, fiber-cement, and exterior insulation and finish systems.
[3]
Pedestrian access. All buildings must provide a street-facing entrance operable to residents or customers at all times. There must be a connection between all main building entrances and the closest sidewalk (or street if there is no sidewalk).
(d)
Setback encroachments. All buildings and structures must be located behind the required setback except for the encroachments allowed below.
[1]
Awnings.
[a]
Description. An ornamental roof-like protective cover over a door, entrance, window or outdoor service area that projects from the face of a structure and is constructed of durable materials.
[b]
General provisions.
[i]
Awnings shall be continuous above openings below. Breaks in awnings shall coincide with breaks in facade openings below.
[ii]
Canvas and fabric awnings must be made of durable fabric and must be in a fixed position.
[iii]
High-gloss or plasticized fabrics are prohibited.
[iv]
Bright colors that are incompatible with building materials are prohibited.
[v]
Internally illuminated or backlit awnings are prohibited.
[vi]
Awnings must be self-supporting. No support poles may encroach onto the right-of-way.
D.
Parking in the Downtown District.
(1)
Off-street parking is not required for non-residential uses in accordance with Chapter 640 Attachment 2 Schedule B — Off-Street Parking Requirements. Should the use include residential units, off street parking is required.
(2)
Residential uses shall comply with Chapter 640 Attachment 2 Schedule B, Off-Street Parking Requirements. However, a request to reduce the number of required parking spaces may be made to the Planning Commission concurrent with a design review or special use permit application, provided a parking study supports the finding that the number of parking spaces actually needed for a specific project is less than that required by Code.
District | Permitted Principal Use | Permitted Use With Site Plan Approval | Minimum Lot Size | Maximum Percentage of Lot Occupied by | Minimum Habitable Floor Area Per Dwelling Unit (sf) | Minimum Height of Building or Structure (feet) | Minimum Height of Building or Structure (feet) | Minimum Yard Setbacks (feet) | ||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Area (sf) | Width (feet) | Front | One Side | Total Two Sides | Rear | |||||||
DD Downtown District | 8,000 | 50 | Principal building, accessory structures and impervious surfaces 100% | 600 | 24 | 75 | NA | NA | NA | NA | ||
§ 640-19 M-1 Manufacturing/Industrial District.
A.
Purpose. The M-1 Manufacturing/Industrial District is established to provide and maintain land area for industrial manufacturing, processing and production facilities.
B.
Any proposed uses described in Subsection C herein which involve any of the following shall also be subject to special use permit requirements as contained in Article XII of this chapter:
(1)
Property adjacent to or fronting on the Oswego River.
C.
The following uses shall be permitted in any M-1 Manufacturing/Industrial District with site plan approval from the Planning Commission, provided that such use is in compliance with Schedule A[1] and other provisions of the zoning regulations contained herein:
(1)
Any manufacturing, processing, packaging, production or assembly facility.
(2)
Motor freight or truck terminal.
(3)
Bottling company.
(4)
Wholesale/retail storage facility.
(5)
Automobile or truck repair, painting or collision service when conducted entirely within a completely enclosed building.
(6)
Research and development facility.
(7)
Industrial bakery.
(8)
Accessory uses and structures customarily accessory and incidental to a principal use.
(9)
Municipal public or private utility structure.
(10)
Taxicab company.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
D.
The following uses shall be strictly prohibited in any M-1 Manufacturing/Industrial District:
(1)
Any dwelling, school or institution for human care, unless incidental to a permitted principal use.
(2)
A grease, tallow or fat rendering facility.
(3)
Blast furnace, looming or rolling mill.
(4)
Grain drying or animal or poultry feed manufacturing from refuse, mash or grain refuse.
(5)
Junkyard, including auto wrecking or dismantling.
(6)
Manufacture of alcohol, textile dyes or rubber.
(7)
Manufacture of corrosive acid or alkali.
(8)
Manufacture of cement, lime, gypsum, plaster of paris or abrasives.
(9)
Manufacture of fertilizer, glue, size or gelatin involving the recovery or refining of products from fish or animal refuse.
(10)
Manufacture of fireworks and small-arms ammunition.
(11)
Production or refining of petroleum or other flammable liquids.
(12)
Smelting of copper, iron, tin or zinc ore.
(13)
Stockyards.
(14)
Slaughterhouse.
§ 640-20 M-2 Manufacturing/Industrial Planned Unit Development (PUD) District.
A.
Purpose. The M-2 Manufacturing/Industrial Planned Unit Development (PUD) District is established to provide and maintain land area for large-scale manufacturing/industrial development of a type and/or density that would not be permitted on other manufacturing/industrial land.
B.
Eligibility for reclassification. Any M-1 zoned manufacturing/industrial district shall be eligible for reclassification from an M-1 to an M-2 Manufacturing/Industrial Planned Unit Development District with site plan approval from the Planning Commission, provided that such use is in compliance with Schedule A and other applicable provisions of the zoning regulations contained herein.
C.
Any use permitted in an M-1 District shall be permitted in the M-2 District, and any prohibited use in an M-1 District shall also be prohibited in the M-2 District.
D.
Developer's/owner's responsibility.
(1)
The developer/owner shall be responsible for the installation and maintenance of all infrastructure, including stormwater, sanitary and potable water lines to be installed on the premises and the connections to all City mains.
(2)
The developer/owner shall be responsible for the installation and maintenance of all private roads, driveways and parking areas on the premises.
E.
Special limitations.
(1)
No principal building shall exceed four stories or 48 feet in height.
(2)
No accessory building shall exceed three stories or 36 feet in height.
(3)
Off-street parking requirements shall meet or exceed the minimum requirements of Schedule B[1] contained herein. If there be more than one use on such premises, each use shall be regulated independently of each other.
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
(4)
Off-street loading spaces shall be provided as needed. Such spaces shall be a minimum of 10 feet wide and 54 feet in length and shall at no time extend into any public street.
§ 640-20.1 PUD Planned Unit Development Overlay District.
[Added 6-18-2024 by L.L. No. 1-2025]
A.
Purpose. The Planned Unit Development (PUD) is a floating zone that can be placed on any property within the PUD District. The purpose of the PUD is to encourage and allow more creative development of land than is possible under standard zoning district regulations. A PUD allows flexibility in planning and design through a process of review and discussion, ensures efficient investment in public improvements, and protection of community interests. The PUD is intended to enable diverse developments to occur, even though they may not be specifically authorized by existing City Zoning District Regulations.
(1)
Introduction. This section provides regulatory standards governing the Planned Unit Development Overlay District. The code is intended for adoption as part of the Fulton Zoning Ordinance. Upon adoption, it will supersede and replace existing zoning provisions regarding zoning districts, allowable land uses, permit requirements, and site development standards unless otherwise noted. A PUD should be used only when long-term community benefits will be achieved through high-quality development, including, but not limited to, reduced traffic demands, greater quality and quantity of public and/or private open space, community recreational amenities, needed housing types and/or mix, innovative designs, and protection and/or preservation of natural resources. The PUD District includes all property within the following boundaries: Union and Lyon Street to the north, South Seventh Street to the east, the abandoned rail line ROW to the South, and South Fourth Street to the west or otherwise shown on the City of Fulton Zoning Map.
(2)
Land uses and definitions.
(a)
In a PUD, buildings and land may be used for any lawful purpose permitted in the zone where it is located, plus any other uses which the Common Council may authorize.
(b)
All development restrictions, including, but not limited to, yard size, height restriction, building coverage, and lot size, shall be as set forth in the legislation rezoning the area to a PUD established by the Common Council. In addition, the Common Council may impose any conditions or limitations that are determined to be necessary or desirable to ensure that the development conforms with the City Comprehensive Plan, location and size of buildings and structures, providing for open space and recreational areas, requiring acoustical or visual screening, construction sequencing, and requiring bonds or other assurances of completion of any infrastructure to be built as part of the development should an organization utilize the planned unit development process.
(3)
Applicability.
(a)
The provisions in this section shall apply to all development or redevelopment of property within the PUD Overlay District as shown on the City of Fulton Zoning Map, updated in 2024.
(4)
Site plan approval. No structure shall be erected or placed within a PUD, no building permit shall be issued for a building or structure within a PUD, and no existing building, structure, or use in a PUD shall be changed, unless the proposed building and/or use is in accordance with a site plan approved pursuant to the provisions of Chapter 640 of the City of Fulton Code.
(5)
Criteria. The Common Council will consider an application for any PUD on the following criteria, among others:
(a)
Does the project further the health and welfare of the community?
(b)
Is the project in accordance with the City Comprehensive Plan?
(c)
Does the project create at least one long-term significant community benefit?
(6)
Application process. An applicant proposing a development that does not conform with the existing zoning requirements may apply for a PUD to be placed on their property, or on such other property as designated by the applicant and for which the applicant has submitted sufficient authorization executed by the owner(s) of said property in support of the application. The application process is as follows:
(a)
Staff/applicant preapplication meeting. An applicant seeking alternate zoning for his/her property must first contact the Department of Planning, Building, and Development for a preapplication meeting. Staff will explain the requirements, the application process, the timeline, and the fees associated with a PUD request.
(b)
Application submission. The applicant must submit a completed PUD application along with the required fee. The application must include a conceptual development plan and an explanation of the request for alternate zoning. The conceptual plan must include the proposed sizes of yards, maximum heights and stories of all proposed buildings, maximum lot coverage, adjacent uses and adjacent zoning.
(c)
Planning Commission. The Planning Commission and Common Council will consider the application for completion and will schedule a public information session. The developer will be expected to be present at this meeting.
(d)
Circulation. The Planning Commission will also authorize and direct staff to circulate the proposal for review and comment from City boards/committees, the Oswego County Planning Department, and any neighboring property owners within 500 feet of the proposed project. Comments and concerns will be forwarded to the applicant and to the Common Council for their consideration.
(e)
Public information session. Within 30 days of receiving a completed application, the City will schedule a public information session, at which the developer will be responsible for presenting information about the project and answering questions from the public. The City will advertise the public information session with a press release to the local media at least 15 days, but no more than 20 days, prior to the meeting. The applicant is responsible for posting the property at least five days prior to the public information session, with the date, time, and location of the meeting.
(f)
Committee recommendation. Once the comments have been received, the Planning Commission will hold a legally noticed public hearing at a regularly scheduled committee meeting. The City will publish a legal notice of the hearing 15 days prior to the hearing. The Committee will consider all comments that have been received, as well as all comments made at the public hearing and will make a recommendation to the Common Council. The recommendation may include additional requirements or limitations to either mitigate undesirable impacts or to ensure the development conforms to the goals of the City's Comprehensive Plan.
(g)
Conditional approval. The Common Council will consider the request and may pass a resolution granting a conditional approval, subject to further site plan review approval and instructing staff to take the project through the environmental review process. Notwithstanding any conflicting provisions of the City Code, an applicant whose application has received approval in concept from the Common Council (approval in concept) shall be permitted, for the purpose of commencing site plan review, to proceed with a building permit application, despite any zoning-based deficiencies in the application, so long as all such deficiencies may be cured by final Council approval of the PUD.
(h)
Site plan review application. Applicant submits a site plan review application. The Planning Commission commences the environmental review process in compliance with the State Environmental Quality Review Act (SEQRA) and conducts the normal site plan review process. To the extent that the Planning Commission declares its intent to be the lead agency for the environmental review of the project and the PUD, the Planning Commission notifies all other involved agencies including the Common Council.
(i)
Common Council involvement. As a part of the environmental review process for the project and the PUD, the Planning Board will update the Common Council after each Planning Board meeting where the project is considered and will request ongoing written comments from the Common Council.
(j)
Common Council consideration of the PUD. When and if the Planning Commission has completed its environmental review of the project to the extent required under SEQRA and has issued a contingent site plan approval or in the case of a multiphase project has issued a preliminary contingent site plan approval of multiple phases along with a final contingent site plan approval of at least one phase, the project will return to the Common Council for final consideration of the adoption of the PUD, which at Council's discretion may be authorized for one or all phases of a multiphase project. Final Council approval, if any, shall be granted via ordinance.
(7)
Additional requirements. In any rezoning to a PUD, the Common Council may impose such conditions or limitations that the Council, in its legislative discretion, may determine to be necessary or desirable to ensure that the development conforms with the City Comprehensive Plan, including limiting the permitted uses, location and size of buildings and structures, providing for open space and recreational areas, and requiring bonds. The developer/owner shall be responsible for the installation and maintenance of all necessary new infrastructure, including stormwater, sanitary and potable waterlines to be installed on the premises and the connections to all City utility mains. The developer/owner shall also be responsible for the installation and maintenance of all private roads, driveways, and parking areas on the premises if deemed necessary.
(8)
Expiration. A developer who receives PUD approval will have 24 months to begin construction of their project. If construction on the property has not been developed in accordance with the approved plan after 24 months, the PUD will automatically be revoked, unless otherwise stated by the Common Council, and the property will return to the previously approved zoning restrictions. In the case of extenuating circumstances, the developer may apply to the Common Council for an extension of PUD approval. If the site plan changes significantly, said significance as determined by the Planning Officer of the Codes Department, it may require reconsideration by the Planning Commission. The Executive Director may determine that the changes are minor and do not require reapproval. The PUD may be transferrable to a new property owner within the 24-month construction window. The Common Council has the authority to revoke the PUD from a new property owner if parameters from the PUD are not upheld.
§ 640-20.2 MUD Mixed Use District.
[Added 6-18-2024 by L.L. No. 1-2025]
A.
Purpose. The purpose of the MU District is to accommodate a development opportunity that offers a mix of land uses in a compact, high quality, pedestrian-friendly, interactive pattern. Mixed-use districts are characterized by interconnected streets, wide sidewalks, outdoor public spaces, and activities.
(1)
Introduction. This section provides regulatory standards governing land use and building form within the Mixed Use District. The code reflects the community's vision for downtown Fulton and implements the intent of the Comprehensive Plan, and Downtown Revitalization Initiative Strategic Investment Plan. The code is intended for adoption as part of the Fulton Zoning Ordinance. Upon adoption, it will supersede and replace existing zoning provisions regarding zoning districts, allowable land uses, permit requirements, and site development standards. The Mixed Use District includes all property within the following boundaries: Union and Lyon Street to the north, South Seventh Street to the east, the abandoned rail line ROW to the south, and South Fourth Street to the west.
(2)
Table of Land Uses and Definitions.
P – Permitted Use | ||
|---|---|---|
S – Use subject to Special Use Permit | ||
T – Temporary use permitted with Temporary Use Permit | ||
X – Prohibited use in zone | ||
Table of Mixed Use Land Uses | ||
Use | MU | Add. Regulations |
Alcoholic beverage production and sales | S | |
Animal hospital | P | |
Assembly use | X | |
Automotive repair | X | |
Bar | S | |
Bed and breakfast or inn | S | |
Botanical garden | X | |
Carwash | X | |
Check cashing service | X | |
Cigar lounge | X | |
Daycare facility/child care | P | |
Financial institution | P | |
Food establishments | P | |
Government building | X | |
Gun and ammunition sales | S | |
Health and fitness club | S | |
Home occupation | P | |
Hookah bar | X | |
Hotel or motel | P | |
Housing, permanent | P | |
- Apartment unit | P | |
- Boardinghouse | X | |
- Condominium | P | |
- Duplex, triplex, fourplex | P | |
- Rowhouse/townhomes | P | |
Housing, temporary | S | |
Library | P | |
Light industrial | P | |
Live/work unit | P | |
Massage establishment | P | |
Medical marijuana dispensary | X | |
Medical office | P | |
Motor vehicle sales, repair, or service station | X | |
Mortuary or funeral home | X | |
Museum | S | |
Nightclub | P | |
Open air market | T | |
Park or playground | P | |
Parking facility | S | |
Pawn shop | X | |
Personal service | P | |
Pet shop | S | |
Pool and billiard halls | X | |
Professional office | P | |
Recreation facility | S | |
Residential care facility | S | |
Retail sale | P | |
Retail food stores | P | |
Self-storage | X | |
Street vendor/pushcart sales | T | |
Studio/workshop | P | |
Tattoo parlor | X | |
Theater | P | |
Thrift store | X | |
Other uses that the Planning Commission finds to be in accord with the purpose of this chapter and having characteristics similar to those uses listed in this table | P, S, T or X | |
(3)
Applicability.
(a)
Compliance is intended to occur over time as redevelopment and new development occur. This section recognizes lawful nonconforming status of uses and structures and normal maintenance is encouraged. This section also recognizes that some sites may be difficult to develop in compliance with the provisions herein and provides for variance procedures within certain parameters.
(b)
The provisions in this section shall apply to all development or redevelopment of property within the Mixed Use District.
(4)
Exemptions.
(a)
Regular maintenance and repair of materials, parking resurfacing and similar maintenance is exempt from compliance with this section.
(b)
A building expansion that is solely designed and constructed to provide accessibility for the disabled, provide for screened service areas or relocate or screen visible exterior mechanical equipment so long as such equipment is no longer visible, is also exempt from compliance with this section.
(5)
Conflicting provisions. In the event that this section conflicts with any other City Code provision, the provision of this section shall supersede.
B.
Use regulations.
(1)
With the exception of the prohibited uses listed in this subsection, all uses listed as permitted uses within the City of Fulton Code Chapter 640 are permitted within the Mixed Use District, subject to the regulations of this section.
(2)
Special use permits and site plan approval shall be required for the following uses:
(a)
Alcoholic beverage production and sales.
(b)
Bar.
(c)
Bed & breakfast or inn.
(d)
Gun and ammunition sales.
(e)
Health and fitness club.
(f)
Housing, temporary.
(g)
Museum.
(h)
Nightclubs.
(i)
Parking facility.
(j)
Pet shop.
(k)
Recreation facility.
(l)
Residential care facility.
(3)
Standards for eating and drinking establishments and sidewalk cafes.
(a)
Eating and drinking establishments and sidewalk cafes may operate between the hours of 6:00 a.m. and 11:00 p.m.
(b)
A sidewalk cafe within the public right-of-way may be permitted only in conjunction with and adjacent to a street level eating or drinking establishment. The cafe must maintain a clear path of travel free of obstructions that impede the flow of pedestrian traffic.
(c)
No outdoor establishment shall operate musical instruments or sound reproduction devices unless a building permit is approved enabling and controlling such operation.
(d)
The design of the outdoor seating areas, if applicable, shall be consistent with the main building to which it is attached, in materials, colors and amenities such as railings, light fixtures, canopies, and furniture.
(4)
The following uses are prohibited in the Mixed Use District:
(a)
Adult uses including bookstores.
(b)
Automotive graveyard.
(c)
Campground.
(d)
Cemetery.
(e)
Check cashing.
(f)
Contractor's yard.
(g)
Commercial surface parking lots as primary use on any property (unless publicly owned).
(h)
Drive-through establishments.
(i)
Dwelling, single-family.
(j)
Golf courses.
(k)
Industry, heavy.
(l)
Junkyard.
(m)
Marijuana sales.
(n)
Motor vehicle sales (including used), repair, or service station (allowed in C-2 areas).
(o)
Mortuary or funeral home.
(p)
Off-premises freestanding signs.
(q)
Pool or billiard hall (not including large scale family recreation facilities).
(r)
Scrap metal processing.
(s)
Self-storage.
(t)
Smoke shops.
(5)
Definitions. Definitions, as they relate to the Mixed Use District will be included in this section.
ALCOHOLIC BEVERAGE PRODUCTION AND SALES
"Alcoholic beverage" or "beverage" means and includes alcohol, spirits, liquor, wine, beer, cider and every liquid, solid, powder or crystal, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being, and any warehouse receipt, certificate, contract or other document pertaining thereto; except that confectionery containing alcohol as provided by Subdivision 12 of § 200 of the Agriculture and Markets Law and ice cream and other frozen desserts made with wine as provided in Subdivision 15 of § 200 of the Agriculture and Markets Law shall not be regulated as an "alcoholic beverage" or "beverage" within the meaning of this section where the sale, delivery or giving away is to a person aged 21 years or older. The sale, delivery or giving away of ice cream made with wine to a person under the age of 21 years may be prosecuted administratively and/or criminally in accordance with the provisions of this chapter. Can be in conjunction with a bar, tavern, or restaurant use.
ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical treatment, and where the boarding of the same animals is limited to short-term period's incidental to the hospital care.
APARTMENT UNIT
Any residential unit within a building containing three or more dwelling units where access to each residential unit is obtained through a common entrance or entrances from the street level and the residential units are connected by an interior corridor.
ASSEMBLY USE
The use of a building or part thereof, by a gathering of persons for civic, political, travel, religious, social, educational, and recreational or like purposes.
AUTOMOTIVE REPAIR
A facility providing repair services to automobiles, trucks, or motorcycles, including the sale and mounting of tires.
BAR
An establishment primarily serving alcoholic beverages by the drink to the general public, with the service of food incidental to the consumption of liquor. Includes pub, tavern, and cocktail lounge.
BED & BREAKFAST OR INN
A home where one family or manager is in permanent residence and from two to six guest rooms are rented for overnight lodging. Meals may be provided for compensation subject to applicable County Health Department regulations, and no provision for cooking in any individual room is made. More than six guest rooms shall be considered a hotel.
BOTANICAL GARDEN
A public or private facility for the demonstration and observation of the cultivation of flowers, fruits, vegetables, or ornamental plants.
CAR WASH
A permanent, self-service or full service establishment that provides facilities for car washing. Catering service. A business that prepares food for consumption off-premises.
CHECK CASHING SERVICE
A place of business where one can cash a check for a fee.
CIGAR LOUNGE
A business establishment that is dedicated, in whole or in part, to the smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments known variously as cigar lounges, hookah lounges, or tobacco clubs.
CONDOMINIUM
A building or complex of buildings containing a number of individually owned apartments or houses.
DAYCARE FACILITY/CHILDCARE
A facility that provides non-medical care and supervision of minor children or elderly adults for periods of less than 24 hours; that does not qualify as a small or large family day care home; and that meets the licensing requirements of the state. Any establishment may provide child or adult day care as an accessory use that is not subject to additional permit requirements, provided that the establishment offers such service only to its customers or employees, and only during the period when the customers or employees are visiting or working in the establishment.
DUPLEX
A structure on a single residential lot of record containing two units for occupancy by two independent households. Each unit is totally separated from the other by an unpierced wall extending from ground to roof, or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell. Each unit contains its own cooking, sleeping and sanitary facilities and its own entrance.
FINANCIAL INSTITUTION
A facility offering financial services such as a bank, credit union, savings & loan, or finance company.
FOOD ESTABLISHMENTS
The serving of food and beverages to patrons for compensation, including deli, sandwich, bakery (retail sales only), candy, coffee, ice cream, health food, cafe, restaurant.
GOVERNMENT BUILDING
Any facility owned and operated by City, county, state or federal governments, regardless of the use.
GUN AND AMMUNITION SALES
Any premises or portions thereof used for the sale, vending, dealing, exchange or transfer of firearms and ammunition.
HEALTH AND FITNESS CLUB
A facility owned or operated by a corporation, association, person or persons, for a social, educational or recreational purpose, to which membership is required for participation.
HOME OCCUPATION
A use conducted entirely within a dwelling and carried on by the inhabitant(s) thereof, which use is clearly incidental and secondary to the use of the structure for residential purposes, and which does not alter the character thereof. By its very nature and scope the use does not adversely affect the activities, enjoyment, or property values of the neighborhood.
HOOKAH BAR
An establishment where patrons communally smoke flavored tobacco, upon written clearance from the New York State Department of Health.
HOTEL OR MOTEL
A building or portion thereof, or a group of buildings, with access through a common entrance, lobby or hallway, to seven or more guestrooms that are designed and intended for paid overnight lodging on a short-term basis. The term "hotel" and "motel" may be used interchangeably.
HOUSING, PERMANENT
Includes apartments, condominiums, duplexes, triplexes, fourplexes, row houses, townhouses.
HOUSING, TEMPORARY
A facility for transient occupancy, such as a hotel, bed & breakfast residence, Airbnb, VRBO, or other short-term vacation rentals.
LIBRARY
A public, quasi-public or privately-owned facility that is open to the public for the primary use of literary, musical, artistic or reference materials.
LIGHT INDUSTRIAL
Mix of manufacturing (small items), service, and warehouse facilities in the same building with a wide variation in the proportion of each type of use.
LIVE/WORK UNIT
Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.
MASSAGE ESTABLISHMENT
Any fixed place of business where any individual, firm, association, partnership, or corporation engages in, conducts, or permits massages or health treatments involving massage or spa services on the premises.
MEDICAL MARIJUANA DISPENSARY
Any facility or location where a primary caregiver makes available, sells, transmits, gives, or otherwise provides medical marijuana to two or more persons with identification cards or qualified patients.
MEDICAL OFFICE
An establishment that provides medical services by medical professionals such as physicians, dentists, chiropractors, optometrists or other similar medical staff. Includes a clinic, medical or dental laboratory or pharmacy incidental to an office, dialysis center, outpatient surgicenter, or urgent care. In the mixed use zones, hours of operation limited to 7:00 a.m. until 10:00 p.m.
MIXED USE DISTRICT
A zoning district that allows development on a single parcel, or on adjacent parcels, that contains different land uses (e.g., residential, commercial, professional office, civic, or recreation) that are complementary to each other.
MIXED USE HORIZONTAL DEVELOPMENT
Development that combines two or more types of land uses (e.g., residential, commercial, professional office, civic, or recreation) on a single development site, but not necessarily in the same building. Typically nonresidential uses are located adjacent to the street and residential uses are located away from major streets behind nonresidential uses.
MIXED USE VERTICAL DEVELOPMENT
Development that combines two or more types of land uses (e.g., residential, commercial, professional office, civic, or recreation) in a single building in a vertical configuration, typically with residential uses located above nonresidential uses.
MORTUARY
A building serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, arranged intended and designed to be used by the public for viewing. The sale of goods to the public as gifts may be included as an accessory use.
MOTOR VEHICLE SALES
The sale, lease, or rental of new or used motor vehicles, mobile homes, or farm implements.
MUSEUM
A building serving as a repository for a collection of natural, scientific or literary curiosities or objects of interest, or works of art, arranged intended and designed to be used by the public for viewing. The sale of goods to the public as gifts may be included as an accessory use.
NIGHTCLUB
A commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing and musical entertainment are permitted. Includes discotheques and dance halls.
OPEN AIR MARKET
An establishment for the sale of fresh agricultural produce and related products, and licensed by the City.
PARK OR PLAYGROUND
Land managed by the public and set aside for public use which may or may not have developed recreational facilities, such as playground, tennis courts, horse and bike trails, baseball fields, picnic areas, swimming pools, and/or bathrooms.
PARKING FACILITY
An open, paved or otherwise surfaced area, or a structure, used for the parking and storage of vehicles, for free or for compensation or to accommodate patrons, customers or clientele of a business.
PAWN SHOP
An establishment that lends money at a specified rate of interest on articles of personal property left as security. Does not include gun sales unless a special use permit application is filed, reviewed, and approved by the Planning Commission.
PERSONAL SERVICE
An establishment that offers services to its customers by an act or useful labor, including a barbershop, beauty salon, day spa, manicure, tailor, dry cleaning, laundromat, small appliance repair (household, television, stereo system, computer), watch and jewelry repair, shoe repair, tax preparation, travel agency, employment agency, ticket agency, copy center, printing, automobile rental (office only), computer rental, cybercafe, package, postal and mailbox service. Pet shop. An establishment engaged in the retail sale of animals, pet supplies or grooming, including exotic animals, which are defined as not commonly domesticated in the United States or are wild by nature. No boarding of animals is permitted.
PET SHOP
An establishment primarily engaged in the retail sale of household pets.
POOL AND BILLIARD HALL
A commercial establishment where pool or billiard games are played
PROFESSIONAL OFFICE
An office used by persons who provide services such as accountants, architects, planners, engineers, surveyors, geologists, lawyers, designers, real estate agents, investment brokers, title and escrow offices, business incubator, but does not include a veterinary office or kennel, nor any adult-oriented business.
RECREATION FACILITY
An establishment that provides entertainment activities or services for a fee or admission charge, including a bowling alley, electronic game arcades, billiard rooms, miniature golf, indoor party center.
RESIDENTIAL CARE FACILITY
Any home, group care facility or similar establishment for 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
RETAIL FOOD STORE
Any establishment or section of an establishment where food and food products are offered to the consumer and intended for off-premises consumption.
RETAIL SALE
The selling of goods, wares, or merchandise directly to the ultimate consumer or persons without a resale license. Establishments may include convenience mart, florist or flower shop, grocery, insurance, pharmacy, jewelry, apparel, gift, hobby, hardware, bookstore, stationery, art exhibit and gallery, sporting goods, bicycle and bicycle rental, toy, music store (including sale of instruments, records, tapes), vehicle parts (excluding repair and service), antiques.
ROWHOUSE
A single-family home set at the same point on the property line as its neighboring units, sharing a common wall, roofline and, generally, a consistent exterior design.
SELF-STORAGE
A location where individuals rent containers or units of space within a large warehouse to store possessions.
STREET VENDOR
A portable, non-permanent, wheeled, movable facility for the sale of retail merchandise or food and beverages from a wagon or pushcart by a vendor with a valid City business license.
STUDIO/WORKSHOP
A studio facility for the arts, crafts, photography, music and music recording, dance, gymnastics, aerobics, yoga, martial arts, cooking.
TATTOO PARLOR
An establishment that provides body art designs and service, including body piercing, for its customers, provided that the business owner complies with all applicable requirements of the County Health Department, County Sheriff's Department, and conditions of approval that shall include age restriction, full screening of service operations, hours of operation, and measures to control loitering and traffic at the site.
THEATRE
A building or portion thereof for the showing of motion pictures, or for dramatic, dance, musical or other live performances.
THRIFT STORE
A for profit or nonprofit business that engages in the sale or resale of previously owned or used goods and merchandise.
TOWNHOME
A multi-story house in a modern housing development which is attached to one or more similar houses by shared walls.
TRIPLEX
A building divided into three self-contained residences.
ZONING DISTRICT
The classification of lands as established in this chapter and by the Official Zoning Map incorporated by reference herein.
ZONING MAP
The official map entitled "City of Fulton Zoning District Map" established pursuant to this chapter
C.
Regulations applicable to all. The following standards apply to all sites and buildings in all areas unless expressly stated otherwise.
(1)
Site requirements.
(a)
Lot width. Lot width is the distance between the two side lot lines measured at the primary street property line along a straight line (or along the chord of the property line on a curvilinear lot).
(b)
Lot depth. Lot depth is the distance between the front and rear property lines measured along a line midway between the side property lines.
(c)
Outdoor amenity space. Where required, as noted within each subarea, outdoor amenity space must be provided on the site and must be available as unenclosed, improved active or passive space for use by the occupants of the development. It may be provided in one contiguous open area or multiple areas on the site.
[1]
Size and type. Each must be at least 100 square feet in size and may include:
[a]
Playgrounds or athletic court.
[b]
Splash pad.
[c]
Trail, path (minimum five feet wide).
[d]
Garden, sitting area.
[e]
Rooftop deck.
[f]
Pavilion, gazebo.
[g]
Outdoor dining.
[2]
Other requirements.
[a]
Outdoor amenity space can include bike racks, kiosks, benches, sculptures, and fountains.
[b]
Outdoor amenity space cannot be used for parking except for emergency access.
[c]
Amenity space must be designed to be permanent.
(2)
Building placement.
(a)
Building setbacks.
[1]
Building setbacks apply to all structures. There are four types of setbacks.
[a]
Primary street.
[b]
Side street.
[c]
Side interior.
[d]
Rear.
[2]
Measurement of setbacks. Primary and side street setbacks are measured from the property line. Side, rear, and interior setbacks are measured from the property line (or edge of right-of- way where there is an alley).
[3]
Primary and side street designation. Where only one street abuts a lot, that street is considered the primary street. A lot with multiple frontages must have at least one primary street, as designated by the Code Enforcement Officer, based on the following criteria:
[a]
The street(s) with the highest classification.
[b]
The established orientation of the block.
[c]
The street(s) abutting the longest face of the block.
[d]
The streets(s) parallel to an alley within a block.
[e]
The street that the lot takes its address from.
(b)
Building height.
[1]
Measurement. Building height is regulated in feet and is measured from the average grade of the frontage facing a primary street to the mean height level between the eaves and ridge of a gable, hip, mansard, or gambrel roof or to the highest point of roof surface of a flat roof, not including allowed encroachments.
[2]
Height encroachments. All buildings must be constructed within the maximum building height.
(c)
Facade requirements.
[1]
Transparency. Transparency is the minimum percent of street-facing facade that must be comprised of transparent windows. The ground story is measured between two and 12 feet above the sidewalk. This requirement applies to primary and side streets only. Opaque elements of a window (such as panes, frosted or tinted areas, and opaque portions of window signs) cannot be used to meet the transparency requirement.
[2]
Building materials. Permitted building materials include: wood, masonry, metal, concrete, glass, fiber-cement, and exterior insulation and finish systems.
[3]
Pedestrian access. All buildings must provide a street-facing entrance operable to residents or customers at all times. There must be a connection between all main building entrances and the closest sidewalk (or street if there is no sidewalk).
(d)
Setback encroachments. All buildings and structures must be located behind the required setback except for the encroachments allowed below.
[1]
Awnings.
[a]
Description. An ornamental roof-like protective cover over a door, entrance, window or outdoor service area that projects from the face of a structure and is constructed of durable materials.
[b]
General provisions.
[i]
Awnings shall be continuous above openings below. Breaks in awnings shall coincide with breaks in facade openings below.
[ii]
Canvas and fabric awnings must be made of durable fabric and must be in a fixed position.
[iii]
High-gloss or plasticized fabrics are prohibited.
[iv]
Bright colors that are incompatible with building materials are prohibited.
[v]
Internally illuminated or backlit awnings are prohibited.
[vi]
Awnings must be self-supporting. No support poles may encroach onto the right-of- way.
D.
Parking in the Mixed Use District.
(1)
Off-street parking is required for non-residential uses including:
(a)
One space for each 3 seating spaces for restaurants, fast-food chains, or clubs.
(b)
Three spaces for each 1,000 gross square feet of floor area for retail.
(2)
Residential uses shall comply with Chapter 640 Attachment 2 Schedule B, Off-Street Parking Requirements. However, a request to reduce the number of required parking spaces may be made to the Planning Commission concurrent with a design review or special use permit application, provided a parking study supports the finding that the number of parking spaces actually needed for a specific project is less than that required by Code.
District | Permitted Principal Use | Permitted Use with Site Plan Approval | Minimum Lot Size | Maximum Percentage of Lot Occupied by | Minimum Habitable Floor Area Per Dwelling Unit (sf) | Minimum Height of Building | Maximum Height of Building or Structure (feet) | Minimum Yard Setbacks (feet) | ||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Area (sf) | Width (feet) | Front | One Side | Total Two Sides | Rear | |||||||
MUD mixed use development | 8,000 | 60 | Principal building 50% Accessory use and impervious surfaces 25% | 600 | 20 | 75 | NA | 5 | 15 | 20 | ||
E.
Minimum lot area.
(1)
For a mixed use horizontal development, the minimum lot area required for each dwelling unit is 900 square feet of net lot area per unit, with a maximum residential density of 32 dwelling units per acre.
(2)
To determine the maximum number of dwelling units allowed for a mixed use horizontal development, divide the total net lot area by the required lot area for each unit. The resultant number shall be rounded down to the nearest whole number.
(3)
For a mixed use vertical development, the maximum residential density is 40 dwelling units per acre.
F.
Minimum dwelling unit size.
(1)
The minimum dwelling unit size for mixed use vertical development, exclusive of any balcony or patio area, is as follows:
(a)
Bachelor dwelling units (sleeping quarters within the living room area): 600 square feet.
(b)
One-bedroom dwelling units: 600 square feet.
(c)
Two-bedroom dwelling units or larger: 700 square feet plus 100 square feet for each additional bedroom.
§ 640-20.3 MC Medical Campus District.
[Added 6-18-2024 by L.L. No. 1-2025]
A.
Purpose. The purpose of the MC District is to encourage development surrounding existing medical uses and additional complementary uses to create a walkable, vibrant area for those employed and living in close proximity. This is characterized by pedestrian linkages, landscaping, a variety of land uses, and outdoor spaces.
(1)
Introduction. This provides regulatory standards governing land use and building form within the Medical Campus. The code is a reflection of the community's vision for downtown Fulton and implements the intent of the Comprehensive Plan, and Downtown Revitalization Initiative Strategic Investment Plan. The code is intended for adoption as part of the Fulton Zoning Ordinance. Upon adoption, it will supersede and replace existing Zoning provisions regarding zoning districts, allowable land uses, permit requirements, and site development standards. The Medical Campus District includes all property within the following boundaries: Fay Street to the south, South Fourth Street to the east, Division Street to the north and Park and South Second Street to the west.
(2)
Table of land uses and definitions.
P – Permitted Use | ||
|---|---|---|
S – Use subject to Special Use Permit | ||
T – Temporary use permitted with Temporary Use Permit | ||
X – Prohibited use in zone | ||
Table of Medical Campus District Land Uses | ||
Use | MC | Add. Regulations |
Daycare facility/childcare | P | |
Food establishments | P | |
Medical office | P | |
Park/playground | P | |
Professional office | P | |
Residential care facility | S | |
Retail | S | |
Street vendor | T | |
Other uses that the Planning Commission finds to be in accord with the purpose of this chapter and having characteristics similar to those uses listed in this table | P, S, T or X | |
(3)
Applicability.
(a)
Compliance is intended to occur over time as redevelopment and new development occur. This section recognizes lawful nonconforming status of uses and structures and normal maintenance is encouraged. This section also recognizes that some sites may be difficult to develop in compliance with the provisions herein and provides for variance procedures within certain parameters.
(b)
The provisions in this section shall apply to all development or redevelopment of property within the Medical Campus District.
(4)
Exemptions.
(a)
Regular maintenance and repair of materials, parking resurfacing and similar maintenance is exempt from compliance with this section.
(b)
A building expansion that is solely designed and constructed to provide accessibility for the disabled, provide for screened service areas or relocate or screen visible exterior mechanical equipment so long as such equipment is no longer visible, is also exempt from compliance with this section.
(5)
Conflicting provisions. In the event that this section conflicts with any other City Code provision, the provision of this section shall supersede.
B.
Use regulations.
(1)
With the exception of the prohibited uses listed in this subsection, all uses listed as permitted uses within the City of Fulton Code Chapter 640 are permitted within the Downtown District, subject to the regulations of this section.
(2)
Special use permits and site plan approval shall be required for the following uses:
(a)
Residential care facility.
(b)
Retail.
(3)
Standards for eating and drinking establishments and sidewalk cafes.
(a)
Eating and drinking establishments and sidewalk cafes may operate between the hours of 6:00 a.m. and 11:00 p.m.
(b)
A sidewalk cafe within the public right-of-way may be permitted only in conjunction with and adjacent to a street level eating or drinking establishment. The cafe must maintain a clear path of travel free of obstructions that impede the flow of pedestrian traffic.
(c)
No outdoor establishment shall operate musical instruments or sound reproduction devices unless a special use permit is approved enabling and controlling such operation.
(d)
The design of the outdoor seating areas, if applicable, shall be consistent with the main building to which it is attached, in materials, colors and amenities such as railings, light fixtures, canopies, and furniture.
(4)
Uses not listed in the above Medical Campus District Land Use table are not permitted.
(5)
Definitions. Definitions, as they related to the Downtown District will be included in this section. (To be added following finalization of permitted uses).
DAYCARE FACILITY
A facility that provides non-medical care and supervision of minor children or elderly adults for periods of less than 24 hours; that does not qualify as a small or large family day care home; and that meets the licensing requirements of the state. Any establishment may provide child or adult day care as an accessory use that is not subject to additional permit requirements, provided that the establishment offers such service only to its customers or employees, and only during the period when the customers or employees are visiting or working in the establishment.
FOOD ESTABLISHMENTS
The serving of food and beverages to patrons for compensation, including deli, sandwich, bakery (retail sales only), candy, coffee, ice cream, health food, cafe, restaurant.
MEDICAL OFFICE
An office space or clinic used exclusively by physicians, dentists, chiropractors, acupuncturists, physical therapists, and other health-related offices. No overnight patients occupy the premises.
PARK or PLAYGROUND
Land managed by the public and set aside for public use which may or may not have developed recreational facilities, such as playground, tennis courts, horse and bike trails, baseball fields, picnic areas, swimming pools, and/or bathrooms.
PROFESSIONAL OFFICE
An office used by persons who provide services, such as accountants, architects, planners, engineers, surveyors, geologists, lawyers, designers, real estate agents, investment brokers, title and escrow offices, business incubator, but does not include a veterinary office or kennel, nor any adult-oriented business.
RESIDENTIAL CARE FACILITY
Any family home, group care facility or similar establishment for 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
RETAIL SALE
The selling of goods, wares or merchandise directly to the ultimate consumer or persons without a resale license. Establishments may include convenience mart, florist or flower shop, grocery, insurance, pharmacy, jewelry, apparel, gift, hobby, hardware, bookstore, stationery, art exhibit and gallery, sporting goods, bicycle and bicycle rental, toy, music store (including sale of instruments, records, tapes), vehicle parts (excluding repair and service), antiques.
STREET VENDOR
A portable, nonpermanent, wheeled, movable facility for the sale of retail merchandise or food and beverages from a wagon or pushcart by a vendor with a valid City business license.
C.
Regulations applicable to all. The following standards apply to all sites and buildings in all areas unless expressly stated otherwise.
(1)
Site requirements.
(a)
Lot width. Lot width is the distance between the two side lot lines measured at the primary street property line along a straight line (or along the chord of the property line on a curvilinear lot).
(b)
Lot depth. Lot depth is the distance between the front and rear property lines measured along a line midway between the side property lines.
(2)
Building placement.
(a)
Building setbacks.
[1]
Building setbacks apply to all structures. There are four types of setbacks.
[a]
Primary street.
[b]
Side street.
[c]
Side interior.
[d]
Rear.
[2]
Measurement of setbacks. Primary and side street setbacks are measured from the property line. Side, rear, and interior setbacks are measured from the property line (or edge of right-of-way where there is an alley).
[3]
Primary and side street designation. Where only one street abuts a lot, that street is considered the primary street. A lot with multiple frontages must have at least one primary street, as designated by the Code Enforcement Officer, based on the following criteria:
[a]
The street(s) with the highest classification.
[b]
The established orientation of the block.
[c]
The street(s) abutting the longest face of the block.
[d]
The streets(s) parallel to an alley within a block.
[e]
The street that the lot takes its address from.
(b)
Building height.
[1]
Measurement. Building height is regulated in feet and is measured from the average grade of the frontage facing a primary street to the mean height level between the eaves and ridge of a gable, hip, mansard, or gambrel roof or to the highest point of roof surface of a flat roof, not including allowed encroachments.
[2]
Height encroachments. All buildings must be constructed within the maximum building height.
(c)
Facade requirements.
[1]
Transparency. Transparency is the minimum percent of street-facing facade that must be comprised of transparent windows. The ground story is measured between two and 12 feet above the sidewalk. This requirement applies to primary and side streets only. Opaque elements of a window (such as panes, frosted or tinted areas, and opaque portions of window signs) cannot be used to meet the transparency requirement.
[2]
Building materials. Permitted building materials include: wood, masonry, metal, concrete, glass, fiber-cement, and exterior insulation and finish systems.
[3]
Pedestrian access. All buildings must provide a street-facing entrance operable to residents or customers at all times. There must be a connection between all main building entrances and the closest sidewalk (or street if there is no sidewalk).
(d)
Setback encroachments. All buildings and structures must be located behind the required setback except for the encroachments allowed below.
[1]
Awnings.
[a]
Description. An ornamental roof-like protective cover over a door, entrance, window or outdoor service area that projects from the face of a structure and is constructed of durable materials.
[b]
General provisions.
[i]
Awnings shall be continuous above openings below. Breaks in awnings shall coincide with breaks in facade openings below.
[ii]
Canvas and fabric awnings must be made of durable fabric and must be in a fixed position.
[iii]
High-gloss or plasticized fabrics are prohibited.
[iv]
Bright colors that are incompatible with building materials are prohibited.
[v]
Internally illuminated or backlit awnings are prohibited.
[vi]
Awnings must be self-supporting. No support poles may encroach onto the right-of-way.
D.
Parking in the medical campus district.
(1)
Off-street parking is required for non-residential uses in accordance with § 640-23.
District | Permitted Principal Use | Permitted Use With Site Plan Approval | Minimum Lot Size | Maximum Percentage of Lot Occupied By | Minimum Habitable Floor Area Per Dwelling Unit (sf) | Maximum Height of Building or Structure (feet) | Minimum Yard Setbacks (feet) | ||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Area (sf) | Width (feet) | Front | One Side | Total Two Sides | Rear | ||||||
MCD Medical Campus District | 10,000 | 80 | Principal building 45%, Accessory use and impervious surfaces 30% | 600 | 60 | 15 | 5 | 20 | 20 | ||
§ 640-20.4 OS Open Space District.
[Added 6-18-2024 by L.L. No. 1-2025]
A.
Purpose. The purpose of the OS District is to provide areas for low-intensity active recreational needs for residents and visitors of all ages, economic situations, and physical conditions. Publicly owned lands such as municipal parks may be included in this zone subject to approval by the City. It is the intent that the zone be applied to an entire parcel or portion of a parcel of land, provided that the remainder meets the area requirements for which it is zoned.
(1)
Introduction. This section provides regulatory standards governing land use and building form within the Open Space District. The code reflects the community's vision for downtown Fulton and implements the intent of the Comprehensive Plan, and Downtown Revitalization Initiative Strategic Investment Plan. The code is intended for adoption as part of the Fulton Zoning Ordinance. Upon adoption, it will supersede and replace existing zoning provisions regarding zoning districts, allowable land uses, permit requirements, and site development standards. The Open Space District only applies to land that the City of Fulton deems as Open Space.
(2)
Table of Land Uses and Definitions.
P – Permitted Use | ||
|---|---|---|
S – Use subject to Special Use Permit | ||
T – Temporary use permitted with Temporary Use Permit | ||
X – Prohibited use in zone | ||
Use | MU | Add. Regulations |
Open air market | T | |
Park/playground | P | |
Other uses that the Planning Commission finds to be in accord with the purpose of this chapter and having characteristics similar to those uses listed in this table | P, S, T or X | |
(3)
Applicability.
(a)
Compliance is intended to occur over time as redevelopment and new development occur. This section recognizes lawful nonconforming status of uses and structures and normal maintenance is encouraged. This section also recognizes that some sites may be difficult to develop in compliance with the provisions herein and provides for variance procedures within certain parameters.
(b)
The provisions in this section shall apply to all development or redevelopment of property within the Open Space District.
(4)
Exemptions.
(a)
Regular maintenance and repair of materials, parking resurfacing and similar maintenance is exempt from compliance with this section.
(b)
A building expansion that is solely designed and constructed to provide accessibility for the disabled, provide for screened service areas or relocate or screen visible exterior mechanical equipment so long as such equipment is no longer visible, is also exempt from compliance with this section.
(5)
Conflicting provisions. In the event that this section conflicts with any other City Code provision, the provision of this section shall supersede.
B.
Use regulations.
(1)
With the exception of the prohibited uses listed in this subsection, all uses listed as permitted uses within the City of Fulton Code Chapter 640 are permitted within the Open Space District, subject to the regulations of this section.
(2)
Special use permits and site plan approval shall be approved on a case-by-case basis.
(3)
Any use not listed in the land use table above is not permitted in the Open Space District.
(4)
Definitions.
OPEN AIR MARKET
A public marketplace where food and merchandise are sold including a farmer's market.
PARK or PLAYGROUND
Land managed by the public and set aside for public use which may or may not have developed recreational facilities, such as playgrounds, tennis courts, horse and bike trails, baseball fields, picnic areas, swimming pools, and/or bathrooms.
§ 640-21 Residential, Commercial and Manufacturing Accessory Parking Districts.
A.
The following uses shall be permitted with site plan approval from the Planning Commission, provided that such use is in compliance with Schedule A[1] and other provisions of the zoning regulations contained herein:
(1)
Residential Accessory Parking Districts (R-AP).
(2)
Commercial Accessory Parking Districts (C-AP).
(3)
Manufacturing Accessory Parking Districts (M-AP).
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
B.
Residential Accessory Parking Districts (R-AP) shall not be allowed in any R-1 Residential District.
C.
Residential Accessory Parking Districts (R-AP) which abut upon or are contiguous with any residential use shall be required to comply with the following:
(1)
Comply with the front yard setback as specified in Schedule A of the zoning regulations contained herein.
(2)
To provide an eight-foot-wide buffer zone planting strip consisting of either the planting of thick evergreen growth at least six feet in height or erecting an opaque wood fence at least six feet in height on the R-AP zoned property to protect the adjoining residential use.
(3)
Provide a plan for stormwater control on the property which shall require the approval of the Commissioner of Water and Sanitation.
(4)
All parking areas shall be asphalt covered per the specifications of the City Engineering Department.
D.
Commercial and Manufacturing Accessory Parking Districts (C-AP and M-AP) shall not be allowed in R-1 Residential zoned districts.
E.
Commercial and Manufacturing Accessory Parking Districts (C-AP and M-AP) which abut upon or are contiguous with any residential use shall be required to comply with the following:
(1)
To provide an eight-foot-wide buffer zone planting strip consisting of either the planting of thick evergreen growth, at least six feet in height, or erecting an opaque wood fence at least six feet in height on the C-AP or M-AP zoned property to protect the adjoining residential use.
(2)
Provide a plan for stormwater control on the property which shall require the approval of the Commissioner of Water and Sanitation.
(3)
All parking areas shall be asphalt covered per the specifications of the City Engineering Department.
§ 640-22 Landscape screening buffers between residential and commercial, industrial and PUD districts.
A.
All commercial, industrial and PUD use shall be suitably landscaped with suitable vegetation and at appropriate levels of maturity or with an opaque wood fence in order to screen effectively the dissimilar uses from one another, both visually and acoustically, and to protect and enhance the overall quality of the environment.
B.
In any situation where a business or manufacturing use in a commercial, industrial or PUD district shall be contiguous to or abut upon any residential use, conforming or nonconforming, an eight-foot-wide buffer zone planting strip of thick evergreen growth, at least six feet in height, shall be planted or an opaque wood fence, at least six feet in height, shall be erected on such commercial or industrial or PUD property in such planting strip and shall be maintained to protect the residential use.