Fulton City Zoning Code
ARTICLE IV
Supplementary Regulations for Specific Uses
§ 640-23 Off-street parking.
A.
Off-street parking spaces shall be required for all buildings constructed or new uses established (change in occupancy) after the effective date hereof. Each off-street ninety-degree parking space shall be 10 feet wide and 18 feet in length for convenience stores, grocery stores, shopping centers, malls and similar occupancies. All other off-street ninety-degree parking spaces shall be nine feet wide and 18 feet in length. Parking spaces designated for handicapped parking shall have, in addition to the required space for parking, an access aisle eight feet wide and 18 feet in length. Aisles for ninety-degree parking spaces shall be 24 feet wide and 22 feet wide for forty-five-degree or sixty-degree parking spaces to allow for vehicle maneuvering between parking spaces. Minimum parking requirements are specified in Schedule B[1] at the end of this chapter. For uses not specified, the Planning Commission shall establish parking requirements in specific cases consistent with those specified in Schedule B or national standards.
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
B.
For any building having more than one use, parking spaces shall be required as provided for such use.
C.
Required parking spaces for residential uses shall be located within the required setbacks, on an impervious surface and on the same lot or tract as the principal use. Additional off-street parking spaces required for such use which cannot be accommodated on the same lot as the principal building may be located within 200 feet of the principal use, subject to approval of the Planning Commission, and any screening, lighting and access provisions as required by the Commission.
D.
Floor areas, for the purpose of computing parking requirements, shall be the gross square feet of floor area within exterior walls of the several floors of a building, excluding basements, cellar and attic area used primarily for storage or service.
E.
Stormwater drainage for all parking lots shall meet the requirements of the Commissioner of Water and Sanitation.
§ 640-24 Off-street loading.
A.
At least one off-street loading area shall be provided for each industrial establishment and at least one off-street loading area shall be provided for each commercial establishment having a gross floor area in excess of 5,000 square feet, as computed per § 640-23D.
B.
Each off-street loading area shall be subject to the following minimum requirements:
(1)
Each berth shall be so arranged that there will be no interference with traffic on the public street or highway.
(2)
Space for such berth may occupy any part of any required side or rear yard, except that no such berth shall be located closer than 100 feet to any lot in any residence district unless wholly within a completely enclosed building.
(3)
Each off-street loading area required for commercial establishments shall be a minimum of 10 feet wide and 28 feet in length and 10 feet wide and 54 feet in length for manufacturing/industrial establishments.
§ 640-24.1 Pedestrian Overlay Zone.
[Added 6-18-2024 by L.L. No. 1-2025]
A.
Purpose. The purpose of the Pedestrian Overlay Zone (POZ) is to increase improvements by way of development that result in aesthetically pleasing and safe roadways for pedestrians, business owners, and residents of the area.
(1)
Introduction. This section provides regulatory standards governing The Pedestrian Overlay Zone created for the 481 Corridor starting at the intersection of Nestle Avenue and 481, extending to all properties directly contiguous to the Corridor and traveling north until terminating at Oneida Street.
(2)
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 Pedestrian Overlay Zone.
(3)
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.
(4)
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 uses permitted in the POZ shall include those permitted by right and under prescribed conditions in the underlying district.
(2)
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.
(3)
Definitions.
C.
Design standards.
(1)
Doors and entrances.
(a)
Buildings must have a working public entrance door facing the street. Entrances at building corners may be used to satisfy this requirement.
(b)
Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.
(2)
Parking.
(a)
Any off-street parking that is provided must be located behind the building or within or under the building.
(b)
When the depth of the lot is insufficient to permit required parking to the rear of the building, parking may be located to the side of the building, provided that it does not occupy more than 50% of the street frontage.
(c)
Surface parking areas should be "broken up" or distributed around larger structures so as to shorten the distance to other buildings and public sidewalks. For corner lots, parking is allowed along the side street frontage.
(d)
Surface parking areas must contain at least 5% interior green space.
(e)
All new surface parking areas are encouraged to incorporate green infrastructure practices such as rain gardens and permeable surfaces.
(3)
Building form.
(a)
For new construction, at least 60% of the ground floor level facing internal pedestrian public circulation areas or streets shall be glass-windows, entry features, or displays.
(b)
The primary facade of a building shall be oriented parallel with the street, or to the principal vehicular or pedestrian routes of travel whether public or private.
(c)
Buildings shall maintain a distinction between upper and lower levels; any elevation greater than 18 feet in height shall contain an architectural treatment, which visually divides the structure into "stories."
(4)
Driveways.
(a)
No more than one curb cut per block face shall be permitted.
(5)
Pedestrian walkways.
(a)
Protected pedestrian walkways shall be provided through parking lots and are encouraged to incorporate trees and plantings.
(b)
All developments shall include as part of their site plan pedestrian linkages through parking areas and to adjacent buildings or developments.
(6)
Amenities.
(a)
A bicycle rack must be provided near the entrance of any new building within the corridor.
§ 640-25 Signs, billboards and banners.
A.
Definitions and interpretations. Words and phrases used in this section shall have the meanings set forth in this section. All other words and phrases not defined in this section shall be given their common, ordinary meanings, unless the context clearly requires otherwise:
AWNING OR CANOPY SIGN
A sign on a structure of cloth, wood, metal or plastic which is affixed to a building or wall, extending horizontally for some distance beyond the building or wall, usually above a window, door or patio offering protection from the sun and/or rain.
BILLBOARD/OFF-PREMISES SIGN
A sign which directs attention to a business, commodity, service or other activity which is conducted, sold or offered elsewhere other than on the premises upon which such sign is located.
GROUND OR POST SIGN
A sign, which is located in the yard of the premises, supported by a structure or support that is placed in, or anchored in, the ground and that is independent from any building. Incidental signs are not considered ground or post signs.
INCIDENTAL SIGNS
A sign, generally informational, that has a purpose secondary to the use on which it is located such as, "No Parking," "Entrance," Exit," "Loading Only," "Handicapped Parking," "Telephone" or other similar directives. No sign with a commercial message shall be considered incidental. Permits are not required for incidental signs.
MARQUEE SIGN
A sign attached to or painted on the facia of a permanent roof-like structure projecting beyond a building or extending along and projecting beyond the walls of a building, generally designed and constructed to provide protection from the weather.
PORTABLE SIGN
A sign not affixed to any wall, roof, post or building, generally referred to as A-frames, T-frames, curb or sidewalk sign and sandwich boards.
PROJECTING SIGN
A sign affixed to a building or wall, extending horizontally for some distance beyond the building or wall and having its display face perpendicular to the building or wall.
REPRESENTATIONAL SIGN
A sign which depicts a logo, symbol, person or character associated with the advertisement of a business, organization or service.
ROOF SIGN, HIGH
Any sign erected and constructed wholly on and over the roof of a building, supported by a roof structure, and extending vertically above the highest portion of the roof.
ROOF SIGN, LOW
Any sign directly attached parallel to and mounted within one foot of a gable, hip or mansard roof but below the peak of the roof.
SIGN
Any publicly displayed device, fixture, board, placard or structure that utilizes any linguistic form such as a word, letter, graphic, symbol, sentence, idea or writing which advertises, announces or identifies a purpose, person or entity or communicates information of any kind to the public.
WALL SIGN
Any sign directly attached parallel to and mounted within one foot of an exterior wall or painted directly on the exterior wall surface.
WINDOW SIGNS
A sign, picture, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed upon a window pane or glass and is visible from the exterior of the window.
B.
Signs — general.
[Amended 2-21-2023 by L.L. No. 2-2023]
(1)
After the effective date of this chapter and except as otherwise provided, it shall be unlawful and a violation of this chapter for any person to erect, construct, paint, alter, display or maintain or cause to be erected, constructed, displayed or maintained within the City of Fulton any sign or signs without first having obtained both written sign approval from the City Planning Commission, a written sign permit from the City Codes Enforcement Officer and a certificate of sign compliance for such sign or signs (except where herein specifically exempted therefrom) and without having complied with the provisions of this chapter.
(a)
Before a sign is changed in any way, the property owner or designated person must apply to the Planning Commission prior to receiving a sign permit from the Bureau of Code Enforcement.
(b)
Existing signs which do not comply with current code shall be considered conforming unless the property ownership changes or the building is empty for one year or more.
(c)
Any person who erects, constructs, paints, alters, displays, maintains or causes to be erected, constructed, displayed or maintained within the City of Fulton any sign or signs without first having obtained the proper approvals in accordance with this section shall be in default of this statute and punishable by a penalty not to exceed $250 for every day that the application has not been filed.
(d)
If the provisions of the foregoing sections are not complied with, the City Codes Department shall serve written notice upon the owner, lessee, occupant or any person having the care or control of any lot or land to comply with the provisions of this chapter. If the owner of said lot or land is a nonresident of the City of Fulton, such notice shall be mailed to such owner, addressed to their last known address, and shall be sufficient service thereof. If an address of the owner of said lot or land is not known and if no person can be found in the City of Fulton who is or claims to be the owner of such lot or land, or who either represents or claims to represent such owner, then such notice may be served by posting the same in a conspicuous place upon said lot or land.
(e)
If the person upon whom the notice is served fails to submit a complete and signed application within five days after receipt of such notice or, if such notice was served by posting upon the premises, then within five days after such posting upon the premises, the City, without need of Council resolution, shall present to the Clerk/Chamberlain said penalties, which shall thereupon become a lien upon the property on which such other signs were located and shall be added to become a part of the taxes next to be assessed and levied upon such lot or land, shall bear interest at the same rate as taxes and shall be collected and enforced by the same City official and in the manner as taxes. In no event shall the special assessment levied under this section be less than $250.
(f)
All applications for sign approval and/or sign permit shall include the following:
[1]
Location and zoning district of the building, structure or land to which or upon which the sign is to be erected.
[2]
A detailed drawing or blueprint showing description of the construction details, size and color of the sign and showing the lettering style and pictorial matter composing the sign, position of lighting or other devices, a location plan showing the position of the sign on any building or land and its position in relation to nearby buildings or structures, lot lines and to any private or public street or highway. Written consent of the owner of the building, structure or land to which or upon which the sign is to be erected.
[3]
The number, area and dimensions of permitted signage set forth in this article shall be considered the maximum allowable, and the Planning Board shall grant lesser signage wherever necessary to comply with the standards set forth herein.
(g)
The Planning Commission shall grant sign approval for only that signage which complies with each of the following standards, and it shall be the applicant's responsibility to provide all documentation required by the Planning Commission to establish compliance with this article:
[1]
The signage shall be specifically compatible with the architectural features of the structures and improvements located on the site.
[2]
The signage shall be generally compatible with the architectural style of the structures and improvements located on the adjacent properties in the surrounding neighborhood and the character thereof.
[3]
The signage shall not impede vehicular or pedestrian safety on or surrounding the site and shall be constructed, located and maintained in a safe manner.
[4]
The signage shall comply with the Code of the City of Fulton.
(h)
The Planning Commission shall consider the following factors in determining whether the signage complies with the above standards:
[1]
Sign type, number, size, material, color, location and design.
(i)
The Planning Commission shall impose such conditions on the approval of any sign as, in its opinion, are necessary and reasonable to implement the provisions of this article.
C.
Residential signs. In residence districts, the following nonilluminated, nonadvertising signs shall be permitted:
(1)
A nameplate and identification sign indicating the name of the occupant or a permitted home occupation, provided that the size of such sign is not over two square feet in area.
(2)
A sale or rental sign (temporary) advertising the sale or rental of the premises on which it is placed, provided that the size of such sign is not in excess of six square feet.
(3)
An institutional sign of a school, college, church, hospital or other institution located on the premises is permitted, provided that the size of any such sign is not in excess of 15 square feet and it is not located in any required front yard.
(4)
Window signs which advertise a product are not permitted in a residential district.
D.
Commercial signs. In commercial districts, business sign(s), which pertain only to a permitted use on the premises, shall be permitted when in compliance with the following:
(1)
Wall/lowroof/awning/marquee/projecting/representational signs. The total aggregate square feet area of all signage placed on any side or roof of a building facing a street and within 125 feet from the center line of the street shall not exceed 1.0 square foot in area for each linear foot of frontage actually occupied by such use, but not exceeding 150 square feet of sign area. The total aggregate square feet area of all signage placed on any side or roof of a building facing a street which is located over 125 feet from the center line of the street shall not exceed 1.5 square feet in area for each linear foot of frontage actually occupied by such use, but not exceeding 175 square feet of sign area. Where the front entrance to a building is located on a side of a building not facing a street, such a side shall be considered as facing a street for the purposes of this section. At no time shall roof signs be installed above the peaks of the roof. Projecting signs shall be limited to a total gross square foot area of six square feet in area, not project more than four feet beyond the building line or across a property line and be a minimum of eight feet above grade.
(2)
Ground or post signs. In addition to signage on the building, the total aggregate square feet face area of ground or post signs in any yard adjacent to a street shall not exceed 1/2 the area allowed for wall signs with a maximum of 40 square feet as stated in Subsection D(1) of this section. The top of the sign(s) shall not exceed the height of the principal building with a maximum height being no more than 15 feet above the average grade abutting the principal building. The supports for such signs shall not exceed a two-post construction (nonlattice type) so as to afford a clear unobstructed vision of any sidewalk(s) and street(s) adjacent thereto. Plans for ground signs exceeding 12 feet in height shall be stamped by a New York State registered professional engineer and shall be in compliance with the New York State Uniform Fire Prevention and Building Code.
(3)
Window signs. In addition to the requirements of Subsections D(1) and (2) of this section, window signs shall be permitted in commercial districts, provided that such signs do not cover more than 1/3 the area of each pane of window glass.
E.
Manufacturing signs. In manufacturing districts, business and advertising sign(s), which pertain only to a permitted use on the premises, shall be permitted when in compliance with the following:
(1)
Outdoor advertising signs and structures are permitted and shall be set back from the established right-of-way line of any street or highway at least as far as the required front yard depth for a principal building in such district. If illuminated, the source of light shall not be visible, and flashing or intermittent lighting shall be prohibited.
(2)
No billboard sign or advertising structure shall be permitted which faces the front or side lot line of any lot in any residence district within 100 feet of such lot line or which faces any public square or entrance to any public park, public or parochial school, library, church or similar institution within 300 feet thereof.
(3)
Nonilluminated real estate signs advertising the sale, rental or lease of the premises on which they are maintained and not over 12 square feet in aggregate area shall be permitted. Such signs shall be set back from every street lot line at least a distance in feet equal to the number of square feet in area of the sign, but such setback shall not be less than the depth of the required front yard and need not be more than 100 feet.
(4)
Wall/high and low roof/marquee/projecting/representational signs. The total aggregate square feet area of all signage placed on any side or roof of a building facing a street and within 125 feet from the center line of the street shall not exceed 1.25 square feet in area for each linear foot of frontage actually occupied by such use but not exceeding 150 square feet of sign area. The total aggregate square foot area of all signage placed on any side or roof of a building facing a street which is located over 125 feet from the center line of the street shall not exceed 1.5 square feet in area for each linear foot of frontage actually occupied by such use but not exceeding 175 square feet of sign area. Where the front entrance to a building is located on a side of a building not facing a street, such a side shall be considered as facing a street for the purposes of this section. In addition to signage provided above, high roof signs shall be permitted, provided that the total aggregate square foot area of the signs on any building roof facing a street shall not exceed one square foot in area for each linear foot of frontage actually occupied by such use, but not to exceed 250 square feet of sign area, except as prohibited in Subsection E(2) of this section. Projecting signs shall be limited to a total gross square foot area of six square feet in area, not project more than four feet beyond the building line or across a property line and be a minimum of eight feet above grade.
(5)
Ground or post signs. In addition to signage on the building, the total aggregate square foot face area of ground or post signs in any yard adjacent to a street shall not exceed 1/2 the area allowed wall signs as stated in Subsection E(4) of this section. The top of the sign(s) shall not exceed the height of the principal building with a maximum height being no more than 24 feet above the average grade abutting the principal building. The bottommost part of a ground sign shall not be less than eight feet above the crown of the adjacent road. The supports for such signs shall not exceed a two-post construction (nonlattice type) so as to afford a clear unobstructed vision of any sidewalk(s) and street(s) adjacent thereto. Plans for ground signs exceeding 12 feet in height shall be stamped by a New York State registered professional engineer and shall be in compliance with the New York State Uniform Fire Prevention and Building Code.
F.
Signs in the public right-of-way. No signs shall be allowed in the public right-of-way except the following:
(1)
Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information and direct or regulate pedestrian or vehicular traffic.
(2)
Bus stop signs erected by a public transit company.
(3)
Informational signs erected by a public transit company.
(4)
Awning/projecting/suspended signs projecting over a public right-of-way in conformity with Subsections B(8), D(1) and E(4) of this section.
(5)
Other signs in the right-of-way not addressed herein shall require approval by the Common Council.
(6)
Portable signs.
(a)
Portable signs shall not be allowed in any public right-of-way except as follows:
[1]
On that portion of property owned by the City of Fulton and located on the southeast corner of West Broadway and West First Street and on the southeast corner of South Second Street and Oneida Street, except that no more than two signs shall be placed at each of these locations at any given time and that a permit be issued by the Bureau of Code Enforcement for each sign. The duration of this permit shall not exceed two weeks.
[2]
Signs shall not exceed 12 square feet per side.
[3]
Signs shall only advertise events sponsored by not-for-profit organizations (e.g., service clubs, churches, schools).
(b)
Any signs placed in violation of this section shall be confiscated and then destroyed, if not claimed within 30 days.
G.
Off-premises signs and billboards:
(1)
Shall not be allowed on any residential zoned property.
(2)
Shall only be allowed on vacant lots in commercial and manufacturing zoned districts.
(3)
The height of such signs shall not exceed 24 feet in height above the average grade within six feet of the base of such signs.
(4)
The bottommost part of such signs shall not be less than eight feet above the crown of adjacent streets.
(5)
Construction plans for such signs exceeding 12 feet in height shall require the stamp of a New York State registered engineer and shall comply with the structural requirements of the New York State Uniform Fire Prevention and Building Code.
(6)
The size of off-premises or billboard signs shall be as follows:
Height of Sign (feet) | Maximum Allowable Square Feet Area for a Single-Sided Sign or Billboard |
|---|---|
12 | 32 |
13 | 40 |
14 | 48 |
15 | 56 |
16 | 64 |
17 | 72 |
18 | 80 |
19 | 96 |
20 | 104 |
21 | 112 |
22 | 120 |
23 | 128 |
24 | 136 |
NOTE: The square foot area stated above may be doubled for a two-sided sign. |
(7)
At no time shall the ends or face surface of such signs be less than the height in feet of such signs from any adjacent property line.
H.
Banners, signs across public streets, sidewalks and rights-of-way.
(1)
Where permitted. No person shall suspend any banner or sign across any street, sidewalk or public right-of-way from any utility poles in the City of Fulton except from poles designated and approved by the City for such use.
(2)
Permit required. No person shall suspend any banner or sign across any street, sidewalk or public right-of-way from poles designated and approved by the City without first obtaining a permit from the Bureau of Code Enforcement.
(3)
Insurance required. When a banner or sign is suspended or situated over a public street, sidewalk or public right-of-way, the permittee must furnish to the City of Fulton a certificate from an insurance company duly authorized to conduct business in the State of New York, certifying that the permittee has in force and effect a policy of general liability insurance in a minimum amount of $100,000/$300,000 coverage for bodily injury and $50,000 for property damages.
(4)
Length of permits; who may apply. No political parties or candidates shall be allowed to use these poles. The permit period should not exceed two weeks without the consent of the Common Council. Not-for-profit organizations shall not have to pay a permit fee. Profit-making organizations shall pay a fee of $100 for the first week and $75 for the second week. All organizations shall pay a security deposit of $100, to be returned when the banner is removed according to the terms of the permit.
(5)
Erection and maintenance of banner; approval. The banner or sign should be erected only by an experienced person knowledgeable in safe, effective methods of displaying banners. The person erecting the sign or banner must be approved by the City. Furthermore, the permittee must list at least two persons who may be contacted if there are any problems with the banner. Before any permit may be issued, the City of Fulton Police Department and the New York State Department of Transportation, in that order, must grant their approval.
(6)
Further conditions of permit.
(a)
The banner will be affixed securely to both poles.
(b)
The lowest point on the banner shall be at least 15 feet above the road.
(c)
The banner will be attached by use of cable not less than 1/4 inch in diameter.
(d)
The banner will be constructed of a flexible type material which will not tear but will flex with the wind.
(e)
If at any time a problem exists and the designees set forth above cannot be contacted, the City shall remove the banner and bill the permittee for the cost of removal. The City shall retain the banner until this is paid. Until this charge is paid, the permittee shall not be allowed another permit for the erection of a banner.
(f)
The banner must be removed by approved personnel within 72 hours after the completion of the event being advertised or a shorter time thereafter as designated in the permit if another organization is scheduled to erect a banner within that time period.
(g)
The application and acceptance of a permit by an organization shall constitute an agreement by that organization to comply with all of the requirements set forth in this subsection.
(h)
Application to Zoning Board of Appeals.
[1]
Where strict compliance with the provisions of this section may create practical difficulties or unnecessary hardship on the part of the applicant, a notice of appeal for relief may be submitted to the Zoning Board of Appeals, provided that such relief is taken within 30 days from the time of the denial of the Code Enforcement Officer.
§ 640-26 Downtown Revitalization Initiative (DRI) signage guidelines.
[Added 6-18-2024 by L.L. No. 1-2025]
A.
Introduction. This section provides regulatory standards governing signage within the Downtown Revitalization Initiative Area. The signage guidelines are a reflection of the community's vision for downtown Fulton and implement the intent of the Comprehensive Plan, Local Waterfront Revitalization Plan, DRI Strategic Investment Plan, and 481 Master Plan. The signage guidelines are intended for adoption as part of the Fulton Zoning Ordinance. Upon adoption, it will supersede and replace existing zoning provisions regarding signage guidelines and standards within the DRI Area unless otherwise noted.
(1)
Purpose and intent. The purpose of the signage guidelines is to create instruction and direction for updates to existing and new signage within the DRI Area. Updates to signage can create a more vibrant downtown and improve sense of place. This guidance aims to reinforce the historic character and to improve and preserve appearance of the DRI Area.
(2)
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.
(b)
The provisions in this section shall apply to all existing signage or new signage within the DRI Area.
(3)
Conflicting provisions. In the event that these guidelines conflict with any other City Code provision, the provision of this section shall supersede only within the DRI Area.
B.
Definitions. Definitions, as they relate to the signage guidelines, will be included in this section.
AWNING
An ornamental roof-like protective cover over a door, entrance, window or sidewalk dining area that projects from the face of a structure and is constructed of durable materials, including but not limited to fabrics and/or plastics.
BILLBOARDS (SIGN ADVERTISING)
A permanent sign or structure which directs attention to an idea, product, business activity, service, or entertainment which is primarily conducted, sold, or offered elsewhere than upon the premises on which such sign is located, or to which it is affixed.
BUILDING
A combination of any materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals or property. The word "building" shall be construed, when used herein, as though followed by the words "or part or parts thereof," unless the context clearly requires a different meaning.
BUILDING FACADE, PRIMARY
Any building frontage:
(1)
Facing public streets and/or any drive, parking lot, public or semipublic space, with or without a primary building entry;
(2)
Greater than three feet from any adjacent structure in side yards; or
(3)
Within 50 feet of any rear property boundary.
BUILDING FACADE, SECONDARY
All other building frontages not defined as a primary building facade.
BUILDING FRONTAGE
That portion of the building perimeter facing a street or designated parking areas; in the case of two such perimeters, it may be either frontage at the option of the owner.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard (a roof with a double pitch on all sides) roofs and to the mean height between eaves and ridge for babble, hip and gambrel roofs.
FRONTAGE
That side of the lot abutting the street. A corner lot shall be considered to have two such frontages. A through lot has three frontages.
LIGHT POLLUTION
Presence of excessive illumination in locations where it is not desired; excess or obtrusive light.
MONUMENT SIGN
A sign attached to the ground along its entire length upon continuous pedestal.
MURAL
A painting or other work of art executed directly on a wall.
SIGN
Any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any structure or surface, but not including signs placed or erected by the City of Fulton, Oswego County, the State of New York or the United States of America for public purposes.
SIGN AREA or SIGN SURFACE AREA
The entire area within a single continuous perimeter enclosing the extreme limits of lettering, representations, emblems or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, including structural members bearing no sign copy.
SIGN PERMIT
A permit issued pursuant to § 640-25 (Sign permits).
SIGN, AWNING
A sign on which graphics or symbols are painted, sewn, or otherwise attached to the awning material as an integrated part of the awning itself. Usually above a window, door or patio offering protection from the sun and/or rain.
SIGN, ELECTRONIC MESSAGE
Any sign, or portion of a sign, that uses changing lights to form a sign message or messages where the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.
SIGN, FREESTANDING
A sign supported by one or more upright poles, columns or braces placed in or on the ground and not attached to any building or structure.
SIGN, ILLUMINATED (DIRECTLY)
A sign designed to give forth artificial light directly from a source of light within such a sign.
SIGN, ILLUMINATED (INDIRECTLY)
A sign illuminated with a light so shielded that no direct rays therefrom are visible elsewhere on the lot where said illumination occurs.
STRUCTURE
Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground, exclusive of vegetation, boundary walls, fences, mailboxes, lampposts, birdhouses, or similar construction. The term includes but is not limited to structures temporarily or permanently located, such as decks, patios, satellite dishes, communications systems, pools, ponds, etc.
C.
Regulations applicable to all. The following standards apply to all signage other stated otherwise.
(1)
Setback encroachments. All buildings and structures must be located behind the required setback except for the encroachments allowed below.
(a)
Awnings.
[1]
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.
[2]
General provisions.
[a]
Awnings shall be continuous above openings below. Breaks in awnings shall coincide with breaks in facade openings below.
[b]
Canvas and fabric awnings must be made of durable fabric and must be in a fixed position.
[c]
High-gloss or plasticized fabrics are prohibited.
[d]
Bright colors that are incompatible with building materials are prohibited.
[e]
Internally illuminated or backlit awnings are prohibited.
[f]
Awnings must be self-supporting. No support poles may encroach onto the right-of-way.
[3]
Standards.
[a]
Depth (maximum): five feet.
[b]
Clear height above sidewalk (minimum): seven feet.
[4]
Indemnity. All applicants must provide an indemnity agreement, in a form acceptable to the City, holding harmless and indemnifying the City, its officers and employees, from and against any and all claims and liability resulting from encroachment into the public right-of-way. Applicants must also provide proof of insurance acceptable to the City and naming the City as an additional insured on a primary, noncontributory basis.
(2)
Sign regulations applicable to all sites.
(a)
Applicability. With the exception of temporary and incidental signs allowed in § 640-25, signs not identified in this subsection shall not be permitted in the DRI Area.
(b)
Permit required. All applicants proposing to install, reconstruct, or alter a sign within the DRI Area must obtain a permit according to the procedures set forth in § 640-25.
[1]
"Alteration" means any change in the configuration, orientation, illumination, or purpose of the sign.
[2]
"Reconstruction" means the removal and replacement of more than 51% of the existing surface area or structural elements of a sign.
[3]
Any person desiring to procure a permit for a sign or signs must file a written application for sign approval with the City Planning Commission through the Code Enforcement Office. Applications may be approved or disapproved by the City Planning Commission. Upon approval from the Commission, a sign permit must be obtained from the City Code Enforcement Officer, which sign permit shall be granted upon a showing that the proposed sign complies with said approval, chapter 640-24, City of Fulton Signage Guidelines, and the New York State Uniform Fire Prevention and Building Code.
[a]
Applications must include the following:
[i]
Location and Zoning District of proposed signage.
[ii]
Detailed shop drawing or blueprint showing construction details, size and color, lettering type, and pictorial matter composing the sign, position of lighting, location plan, and written consent of the owner of the building, structure or land to which or upon which the sign is to be erected.
[iii]
Number, area, and dimensions of permitted signage.
(c)
Placement of signs. All signs must be located on the same lot as the business to which it relates and be clearly incidental, customary, and commonly associated with the operation of the business. Signs may not be placed on accessory structures.
(d)
Noncommercial signs. Noncommercial signs on a residential property do not require the issuance of a sign permit, provided the following conditions are met:
[1]
There is no more than one sign per dwelling unit.
[2]
No single sign exceeds three feet in height and six in area.
[3]
The sign is not illuminated.
[4]
The sign is not attached to any permanent building or structure.
(e)
Sign height. No portion of a sign may be located at a height of more than 15 feet above grade. If the sign is over 12 feet, an engineering drawing must be provided and approved.
(f)
Roof encroachment. Signs may not project above the roof of any building and are in no case permitted as building height encroachments. If a sign does project above the roof it must be permitted by the City Planning Commission and Code Enforcement Officer.
(g)
Signs on the right-of-way. Signs may not encroach onto any streets or alleys. Awning, projecting, and sidewalk signs may encroach over the public sidewalk and must be located at a minimum of 18 inches inside the curb line or edge of pavement, whichever is greater.
(h)
Maximum sign area per building. No use or lot shall have more than three sign types. Where multiple operations or uses are located on a single lot, such as, but not limited to, industrial centers, business parks, or shopping plazas, each use shall be allowed two signs of any type in addition to one freestanding sign for the development. Window signs shall be included in the count of total allotted signage for any lot or use.
[1]
Directional signs such as "left", "right", "one way", "entrance", and "exit," including restaurant drive through signage, shall be approved by the Planning Commission as part of the site plan review process. This approval shall include the font size and type, colors and general layout. Should directional signs and drive through signage be needed to assist the flow of vehicular and pedestrian traffic it would not count towards the maximum three sign types.
[2]
Directional signs should not exceed more than two square feet per face.
[3]
Directional signs are not permitted to have project identification or business logos.
(i)
Sign illumination. The following requirements apply to all illuminated signs in the DRI Area.
[1]
External illumination. External illumination of signs may not shine directly into the public right- of-way or adjacent properties. Fixtures must be shielded and directed to minimize light pollution.
[2]
Internal illumination. Channel letters may be internally lit or backlit. Exposed neon may be used for lettering and for accent only.
[3]
Prohibited sign illumination. Blinking, flashing, chasing, and barebulb sources of sign illumination, excluding traditional marquee signage, are prohibited light emitting diode (LED) illumination must be reviewed by the City Planning Commission.
[4]
All electrical signs shall have UL labels visible form the exterior of the sign. All wiring shall be within the sign housing.
(j)
Electronic message displays. Electronic message displays are prohibited. This includes all types of electronic message display, include static display, moving or traveling text, scrolling, video, or any animated content. This provision does not prohibit LED bulbs within nonelectronic message displays.
(k)
Temporary feather and tube signs. Temporary feather and tube signs are prohibited. This includes all types of temporary feather and tube signs including single and double sided feather flags, feather banners, and inflatable tubes.
(l)
Sign materials.
[1]
All signs must be of professional quality and constructed of durable, weather-resistant materials.
[2]
All wood signage components must be sealed and protected from the elements. Unpainted or unfinished treated and untreated lumber is not permitted.
[3]
Signage materials must be of complementary color, character, type, and quality to those found on the related principal structure.
[4]
Suggested materials for signs are identified for each individual sign type but typically include: aluminum, polished or brushed aluminum, stainless steel, fiberglass, stone, etched marble, and simulated materials.
(m)
Multitenant signs. A multitenant sign plan must be submitted to the Code Enforcement Officer for all sites occupied by more than one tenant. The plan must indicate consistency with sign size and material requirements in this section. The Code Enforcement Officer may approve changes to multitenant signs that conform to these requirements.
(n)
Temporary, incidental and directional signs. Temporary, incidental, and directional signs are regulated by § 640-25. Temporary signs in the DRI Area may cover up to 20% of the window area and may include event posters, flyers, real estate listings, and window paintings, provided that they remain up for no more than seven days. If not in window area, signage may remain up to 30 days. All temporary signs shall be removed within seven days of the event or activity completion. Temporary signs may be allowed for longer periods of time upon presentation of suitable information to allow a complete understanding of purpose, use, and circumstances for the sign.
(o)
Indemnity agreement. All applicants proposing signs that encroach into the public right-of-way must provide an indemnity agreement, in a form acceptable to the City, holding harmless and indemnifying the City, its officers and employees from and against any and all claims and liability resulting from encroachment into the public right-of-way. Applicants must also provide proof of insurance acceptable to the City and naming the City as an additional insured on a primary, noncontributory basis.
(p)
Removal of signs. All signs must be in compliance with the City Code sign permits, § 640-25, the City of Fulton Planning Commission and Common Council. Any sign, existing on or after the effective date of this section, which no longer advertises an existing business conducted or product sold on the premises upon which the sign is located, shall be removed within 30 days of the discontinuance of the business. Should the sign remain after 30 days following a property being unoccupied the sign shall be deemed to have been abandoned.
(q)
Billboards. Billboard signs are not permitted within the Downtown District or Mixed Use District within the DRI Area.
(r)
Murals. The use of murals as signage must be approved by the City of Fulton Planning Commission before installation. The building owner must give permission for mural installation and the business entity must go through the City of Fulton sign permitting process.
D.
General provisions for individual signs.
(1)
Awning sign.
(a)
Description: a sign on which graphics or symbols are printed, sewn, or otherwise attached to the awning material as an integrated part of the awning itself.
(b)
General provisions.
[1]
Awning signs may not extend outside the awning.
[2]
Signs are allowed on group floor awnings only.
[3]
Suggested materials:
[a]
Frame - steel and aluminum.
[b]
Awning - vinyl and polyester, cotton blend, canvas and acrylic.
(c)
Measurement.
 |
A. | Sign area (as percentage of total awning area) |
B. | Letter height. |
[a] | Dimensional requirements prescribed within each subarea. |
[b] | For purposes of calculating the allowed sign area, the total square footage of the awning face includes both the slope and the face of the awning. |
(d)
Illumination. Awning signs may be externally illuminated only.
(e)
Regulations by sign type.
Awning sign - a sign on which graphics or symbols are printed, sewn, or otherwise attached to the awning material as an integrated part of the awning itself. | ||||||
|---|---|---|---|---|---|---|
Zoning Districts | ||||||
Requirement | Mixedres | Downtown district | Mixed use | Comm (2-A) | Medical Campus (MC) | Manufacturing (M) |
Number permitted | n/a | 1 | n/a | n/a | n/a | n/a |
Maximum area (square feet) | n/a | 6 SF or 15% of awning area - whichever is less | n/a | n/a | n/a | n/a |
Maximum height (feet) | n/a | 1 foot | n/a | n/a | n/a | n/a |
Minimum setback (feet) | n/a | 5 feet | n/a | n/a | n/a | n/a |
Maximum numeral/letter height | n/a | 9 inches | n/a | n/a | n/a | n/a |
Illumination permitted | n/a | Externally illuminated | n/a | n/a | n/a | n/a |
(2)
Projecting sign.
(a)
Description: a sign attached to the building facade at a 90-degree angle, extending more than 12 inches from the wall. It may hang from a bracket and it may be two- or three-dimensional.
(b)
General provisions.
[1]
No portion of a projecting sign may be located higher than the second floor of the building.
[2]
Any part of a sign extending over pedestrian areas must have a minimum height clearance of 10 feet.
[3]
Suggested materials: acrylic, aluminum, stainless steel, fiberglass, resin, weather- sealed carved wood.
(c)
Measurement.
 |
A Sign area | |
B Projection from buildings | |
C Depth | |
D Height | |
E Clear height above sidewalk |
[a]
Dimensional requirements prescribed within each area.
(d)
Illumination. Project signs may be internally or externally illuminated.
(e)
Regulations by sign type.
Awning sign - a sign on which graphics or symbols are printed, sewn, or otherwise attached to the awning material as an integrated part of the awning itself. | ||||||
|---|---|---|---|---|---|---|
Zoning Districts | ||||||
Requirement | Mixedres | Downtown district | Mixed use | Comm (2-A) | Medical Campus (MC) | Manufacturing (M) |
Number permitted | n/a | 1 | n/a | n/a | n/a | n/a |
Maximum area (square feet) | n/a | 6 SF or 15% of awning area - whichever is less | n/a | n/a | n/a | n/a |
Maximum height (feet) | n/a | 1 foot | n/a | n/a | n/a | n/a |
Minimum setback (feet) | n/a | 5 feet | n/a | n/a | n/a | n/a |
Maximum numeral/letter height | n/a | 9 inches | n/a | n/a | n/a | n/a |
Illumination permitted | n/a | Externally illuminated | n/a | n/a | n/a | n/a |
(3)
Wall sign.
(a)
Description: a sign placed against a building and attached to the exterior wall, attached so that the display surface is parallel with the plane of the wall.
(b)
General provisions.
[1]
No portion of a wall sign may project above the roofline or above the parapet wall of a building with a flat roof.
[2]
A wall sign may not cover windows or architectural details.
[3]
Suggested materials: acrylic, aluminum, stainless steel, fiberglass, resin, weather- sealed carved wood.
(c)
Measurement.
 |
A Sign area | |
B Projection from building |
[a]
Dimensional requirements prescribed within each subarea.
(d)
Illumination. Wall signs may be internally or externally illuminated.
(e)
Regulations by sign type.
Awning sign - a sign on which graphics or symbols are printed, sewn, or otherwise attached to the awning material as an integrated part of the awning itself. | ||||||
|---|---|---|---|---|---|---|
Zoning Districts | ||||||
Requirement | Mixedres | Downtown district | Mixed use | Comm (2-A) | Medical Campus (MC) | Manufacturing (M) |
Number permitted | n/a | 1 | n/a | n/a | n/a | n/a |
Maximum area (square feet) | n/a | 6 SF or 15% of awning area - whichever is less | n/a | n/a | n/a | n/a |
Maximum height (feet) | n/a | 1 foot | n/a | n/a | n/a | n/a |
Minimum setback (feet) | n/a | 5 feet | n/a | n/a | n/a | n/a |
Maximum numeral/letter height | n/a | 9 inches | n/a | n/a | n/a | n/a |
Illumination permitted | n/a | Externally illuminated | n/a | n/a | n/a | n/a |
(4)
Window sign.
(a)
Description: a sign affixed to the inside of a window or door, or a sign placed inside a building within 12 inches from the window or door that is visible and legible through such window or door.
(b)
General provisions.
[1]
Nontemporary signs adhered to windows or doors must be made of transparent materials, including but not limited to transparent plastic with lettering painted or attached to them.
[2]
Allowed on upper story windows for commercial uses.
[3]
Suggested materials: aluminum, polished or brushed aluminum, stainless steel, fiberglass, stone, etched marble, simulated materials, masonry.
(c)
Measurement.
 |
A Area of windows and doors that may be covered by signs |
[a]
Dimensional requirements: Window signs shall not exceed 25% of the total window area of windows facing an abutting street(s) and shall be included in the calculation of the overall signage allowed for the use.
(d)
Illumination. Window signs must be internally illuminated only.
(e)
Regulations by sign type.
Awning sign - a sign on which graphics or symbols are printed, sewn, or otherwise attached to the awning material as an integrated part of the awning itself. | ||||||
|---|---|---|---|---|---|---|
Zoning Districts | ||||||
Requirement | Mixedres | Downtown district | Mixed use | Comm (2-A) | Medical Campus (MC) | Manufacturing (M) |
Number permitted | n/a | 1 | n/a | n/a | n/a | n/a |
Maximum area (square feet) | n/a | 6 SF or 15% of awning area - whichever is less | n/a | n/a | n/a | n/a |
Maximum height (feet) | n/a | 1 foot | n/a | n/a | n/a | n/a |
Minimum setback (feet) | n/a | 5 feet | n/a | n/a | n/a | n/a |
Maximum numeral/letter height | n/a | 9 inches | n/a | n/a | n/a | n/a |
Illumination permitted | n/a | Externally illuminated | n/a | n/a | n/a | n/a |
(5)
Monument sign (single- and multitenant).
(a)
Description: a sign attached to the ground along its entire length upon continuous pedestal.
(b)
General provisions.
[1]
One monument sign allowed for each frontage along a primary or secondary street.
[2]
Must be set back at least five feet from the front property line and in no case may interfere with safe vehicle and pedestrian traffic.
[3]
Must be no closer than 100 feet from any other monument sign located on the same frontage.
[4]
Monument signs must be constructed of materials and colors that are consistent with the building that is being advertised. The base of the sign must run the entire horizontal length of the sign and shall contain no sign copy.
[5]
A monument sign may be used as a multitenant directory sign indicating the name of the occupants of the building or multiple buildings. Each business may have no more than one sign within the multitenant monument sign.
[6]
Suggested materials: aluminum, polished or brushed aluminum, stainless steel, fiberglass, stone, etched marble, simulated materials, masonry.
(c)
Measurement.
 |
A Sign area | |
B Height | |
C Width | |
D Depth |
[a]
Dimension requirements prescribed within each subarea.
(d)
Illumination. Monument signs may be internally and externally illuminated only.
(e)
Regulations by sign type.
Awning sign - a sign on which graphics or symbols are printed, sewn, or otherwise attached to the awning material as an integrated part of the awning itself. | ||||||
|---|---|---|---|---|---|---|
Zoning Districts | ||||||
Requirement | Mixedres | Downtown district | Mixed use | Comm (2-A) | Medical Campus (MC) | Manufacturing (M) |
Number permitted | n/a | 1 | n/a | n/a | n/a | n/a |
Maximum area (square feet) | n/a | 6 SF or 15% of awning area - whichever is less | n/a | n/a | n/a | n/a |
Maximum height (feet) | n/a | 1 foot | n/a | n/a | n/a | n/a |
Minimum setback (feet) | n/a | 5 feet | n/a | n/a | n/a | n/a |
Maximum numeral/letter height | n/a | 9 inches | n/a | n/a | n/a | n/a |
Illumination permitted | n/a | Externally illuminated | n/a | n/a | n/a | n/a |
(6)
Sidewalk sign.
(a)
Description: a movable sign not attached to the ground or building.
(b)
General provisions.
[1]
Each ground floor tenant may have one sidewalk sign.
[2]
A sidewalk sign must be located at least 25 feet away from any other sidewalk sign.
[3]
Sidewalk signs must be placed indoors at the close of each business day.
[4]
Sidewalk signs cannot obstruct vehicular or pedestrian traffic and must comply with ADA clearance and accessibility requirements.
[5]
Suggested materials:
[a]
Frame - wood, metal, PVC.
[b]
Sign panel - chalk board, vinyl, PVC.
(c)
Measurement.
 |
A Sign area | |
B Height | |
C Width |
[a]
Dimensional requirements: 24" wide by 36" high
(d)
Illumination. Sidewalk signs may not be illuminated.
(e)
Regulations by sign type.
Awning sign - a sign on which graphics or symbols are printed, sewn, or otherwise attached to the awning material as an integrated part of the awning itself. | ||||||
|---|---|---|---|---|---|---|
Zoning Districts | ||||||
Requirement | Mixedres | Downtown district | Mixed use | Comm (2-A) | Medical Campus (MC) | Manufacturing (M) |
Number permitted | n/a | 1 | n/a | n/a | n/a | n/a |
Maximum area (square feet) | n/a | 6 SF or 15% of awning area - whichever is less | n/a | n/a | n/a | n/a |
Maximum height (feet) | n/a | 1 foot | n/a | n/a | n/a | n/a |
Minimum setback (feet) | n/a | 5 feet | n/a | n/a | n/a | n/a |
Maximum numeral/letter height | n/a | 9 inches | n/a | n/a | n/a | n/a |
Illumination permitted | n/a | Externally illuminated | n/a | n/a | n/a | n/a |
§ 640-27 Screening device regulations.
A.
The regulations set forth in this section are not inclusive and shall be subject to such special conditions as may be imposed by the Board of Zoning Appeals or the City Planning Commission in the exercise of their respective functions as set forth elsewhere in this chapter and shall also be subject to regulations applying to specific uses. These regulations shall not be deemed to supersede any other laws applicable to the City of Fulton which may provide other or more stringent controls and are intended to supplement the same with reference to the scope of regulations encompassed herein. Any conflict in the provisions of any other section of this chapter and this section shall be controlled by the language in such other section.
B.
For the purposes of this section, a "screening device" shall be defined as any man-made barrier, except as provided in Subsection D of this section, including walls, fences or similar structures, which is or could be installed on a permanent basis and which is intended to block or restrict sight or view.
C.
Height and location.
(1)
Front yard. No screening device shall exceed four feet in height if placed within a required front yard. [See special requirements in Subsections C(3)(a), D(1) and (2) and E.]
(2)
Side and rear yards. No screening device shall exceed six feet in height within required side and/or rear yards.
(3)
Corner lots. On corner lots, that portion of lot contiguous to a public right-of-way shall be considered as a front yard area for the purpose of applying the regulations herein.
(a)
Visibility at street corners. On a corner lot in any district where a front yard is required, no fence, wall, hedge or other structure or planting more than three feet in height above street grade shall be erected, placed or maintained so as to obstruct visibility of vehicular traffic within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said lines at points 20 feet distant from the point of intersection, measured along said lines.
(4)
Special height allowance. Within commercial or manufacturing zoning districts only, screening devices may attain a height of eight feet within any yard, required or otherwise.
(5)
Waivers. The Zoning Board of Appeals may approve the location or height of a screening device otherwise prohibited by this subsection upon a showing by the applicant that such fence will not be detrimental to the interests of adjoining uses, whether existing or permitted, or the general health, safety or welfare of the community, with particular attention to vehicular or pedestrian traffic. No application shall be decided until after a hearing with the applicant in accordance with the procedure entitled "Zoning Board of Appeals."[1]
[1]
Editor's Note: See Art. IX, Board of Appeals.
D.
Plantings.
(1)
Plantings, except trees, shall not exceed three feet in height if placed within 10 feet of the front property line.
(2)
Any trees situated within the required front yard which are located within three feet of a sidewalk and whose branches overhang the sidewalk shall have all branches which overhang such sidewalk trimmed up to a height of seven feet above the ground.
E.
Type.
(1)
Fencing permitted within required front yards shall be of an open design such as chain link, ornamental iron, rail and picket where the ratio between space and fence material is at least 50:50 or its equivalent. Opaque fences such as basket-weave and stockade are not permitted within the required front yards.
(2)
Barbed wire, wire or electrical screening devices shall not be used. Exception to this prohibition shall apply to properties zoned Manufacturing M-1 which are located farther than 500 feet from property zoned residential or used for residential purposes.
(3)
Any fence shall have its most pleasant or decorative side facing the adjacent properties. Fence posts will be placed on the inside of the fence.
F.
Maintenance. All screening devices and plantings shall be maintained in a sound and safe condition at all times.
G.
Nonconforming screening devices. Where a lawful screening device exists at the effective date of adoption or amendment of this article that could not be constructed under the terms contained herein by reasons of restrictions on height, visibility characteristics, location or any other requirement concerning said screening device, such screening device may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1)
No such screening device may be enlarged or altered in a way which increases its nonconformity, but any such screening device or portion thereof may be altered to decrease its nonconformity.
(2)
Where a screening device is damaged due to any cause, including deterioration due to the elements, or is declared unsafe, and the cost of restoration or correction exceeds 50% of the replacement cost of the entire screening device, the same shall not be so corrected or restored except in compliance with the provisions of this article.
(3)
Should such a screening device or portion thereof be relocated within a lot, that portion so relocated shall be subject to the provisions of this article.
H.
Passageway restrictions. All portions of a lot enclosed by a screening device shall be made accessible for firefighting purposes by the installation of appropriately located pedestrian gates not less than three feet in width and vehicular gates of not less than 12 feet in width.
I.
Determination of boundary lines. The involvement by the City of Fulton in the location of the screening device or the issuance of a permit by the City of Fulton shall not be construed by any person as a determination by the City as to the exact location of the property boundaries. Each person is solely and exclusively responsible for determination of his/her property line(s).
J.
Dumpster screening. Where privately provided dumpsters (containers exceed 1.5 cubic yards) exist, such dumpsters shall be screened from public view (so as not to be seen from a public street). Such screening devices shall be a minimum of six feet in height and obscure the dumpster on all sides from public view. Dumpsters shall not be placed on public rights-of-way unless otherwise agreed to in writing by the Commissioner of the Department of Public Works.
K.
Permit. Screening permits shall be required to install or erect any man-made screening device. The cost of such screening permit shall be determined in accordance with the standard building permit fee schedule.
§ 640-28 Outdoor use and storage of appliances and upholstered furniture.
[Amended 10-1-2024 by L.L. No. 20-2024]
The use or storage of any appliances, such as refrigerators, freezers, washers, and dryers, manufactured primarily for indoor use as well as the use and storage of any upholstered furniture including mattresses, manufactured primarily for indoor use, shall be prohibited on any yard, unenclosed porch, deck or roof when such appliance or upholstered furniture is visible from any public space, sidewalk, neighboring property or highway. Property maintenance equipment such as but not limited to lawn mowers and snow blowers shall be stored in a completely enclosed structure or in the rear yard of the property. Property maintenance equipment stored in the rear yard not completely enclosed in a structure shall be limited to three pieces of equipment.