Fulton, N.Y., Code of Ordinances ch. 475 § 475-8

As used in this chapter, the following terms shall have the meanings indicated: ACCESSORY STRUCTURES AND USES A structure or use which: A. Is incidental to and serves a principal building or a principal use. B. Is usually subordinate in area, extent and purpose to the principal structure or principal use served. C. Contributes to the comfort, convenience or necessity of the occupants, business or industry in the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this chapter. D. Is located in the same lot as the principal structure or principal use served. APARTMENT or SUITE A room or suite of two or more rooms, one of which is a bathroom, used solely as a residence in a building not used as a hotel, rooming house or boardinghouse or for other transient occupancy. APPROVED Approved by the Bureau Chief of Code Enforcement or approved by an authority designated by law or this chapter. APPROVED MATERIAL AND CONSTRUCTION Approved by generally accepted standards or the Bureau Chief of Code Enforcement under the provisions of this chapter or the Code of the City of Fulton, or approved by any other authority so authorized by law. ASSEMBLY SPACE A space within a building for public use, such as banquet, dining, reception, ball, meeting, lecture and recreation rooms, regardless of the number of persons. BASEMENT That space of a building that is partly below grade, which has more than 1/2 of its height, measured from floor to ceiling, above the average established finished grade of the ground adjoining the building. BATHROOM Enclosed space containing a minimum of one water closet, one lavatory and either one bathtub or shower. (See separate definition of "toilet room.") BED-AND-BREAKFAST A one-family residential dwelling providing sleeping rooms and some meals for more than four transient lodgers for pecuniary gain. BOARDINGHOUSE A dwelling where meals and lodging are provided for compensation by prearrangement for definite periods of time. BUILDING A structure wholly or partially enclosed within exterior walls or within exterior or party walls and a roof, affording shelter to persons, animals or property. BUREAU CHIEF Chief of the Bureau of Code Enforcement. CELLAR That space of a building that is partly or entirely below grade, which has more than 1/2 of its height, measured from floor to ceiling, below the average established finished grade of the ground adjoining the building. CLEAN Free from dirt and contamination, unsoiled and unstained. COURT, INNER An open, uncovered, unoccupied space surrounded on all sides by the exterior walls of a building or structure or by such walls and an interior lot line of the same premises. COURT, OUTER An open, uncovered, unoccupied space which has at least one side opening on a legal open space. DEAD-END CORRIDORS Exit corridors which exceed: A. 40 feet beyond an exit in group B1 occupancies. B. 20 feet beyond an exit in group B2, B3 and B4 occupancies. C. 50 feet beyond an exit in group C1, C2, C3.1, C3.2, C4.1 and C4.2 occupancies. D. 20 feet beyond an exit in group C5, C6.1 and C6.2 occupancies. DWELLING Any building or part thereof, used and occupied for human habitation, or intended to be so used, and includes any appurtenances belonging thereto. DWELLING UNIT Any room or grouping of rooms located within a dwelling forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one family. DWELLING, ONE-FAMILY A building containing not more than one dwelling unit occupied exclusively for residential purposes. DWELLING, TWO-FAMILY A building containing two dwelling units occupied exclusively for residential purposes. EXIT A way of departure on foot from the interior of a building or structure to the exterior at street or grade level accessible to a street, consisting of: A. Corridors, stairways and lobbies enclosed in construction having a fire-resistance rating, including the door openings thereto from a habitable, assembly or occupied space; B. An interior stairway; C. A horizontal exit; D. A door to the exterior at grade; or E. An exterior stairway or ramp. EXTERMINATION Control and elimination of insects, rodents and vermin by eliminating their harborage places; by removing or making inaccessible materials they may see as their food; by poisoning, spraying, fumigating, trapping or by any other approved means of pest elimination. FAMILY A. Purpose. It is the purpose of this chapter to define the definition of "family" in order to promote the legitimate preservation of the character of single-family areas, without violating the United State Due Process Clause and the New York State Due Process Clause by not excluding a group which is, in every but biological sense, a single family or a household which poses no threat to the good of preserving the character of the traditional single-family neighborhood. B. The definition of "family" shall be: (1) Those related by blood, marriage or adoption, likely to be found in a unitary family; or (2) Not more than four unrelated individuals living in a stable nontransient household group; or (3) Not more than four unrelated individuals living in a stable transient household group. C. It shall be a rebuttable presumption that a group of five or more persons living in a single dwelling unit is not a "family" under this code. Such persons shall be allowed to produce evidence that they constitute the definition of "functionally equivalent traditional family." D. Factors in determining a group as a functionally equivalent traditional family shall be: (1) The group shares the entire dwelling unit; and (2) The group lives and cooks together as a single housekeeping unit; and (3) The group shares expenses for food, rent, utilities and other household expenses; and (4) The group is previously established as permanent and stable; and (5) Each member of the group has equal access to all living areas within the single dwelling unit. E. A community residence family-care home or group home established pursuant to the New York State Mental Hygiene Law or governed by the Fair Housing Act shall be deemed a functionally equivalent traditional family for the purpose of this definition. FLOOR AREA The floor area within surrounding walls of a building or portions thereof. GARAGE A building or structure closed on at least three sides, used for the storage of an automotive vehicle or vehicles. GARBAGE The animal, vegetable and mineral waste resulting from handling, preparation, cooking and consumption of food. GENERALLY ACCEPTED STANDARD A specification, code, rule, guide or procedure in the field of construction or related thereto, recognized and accepted as authoritative. GRADE, FINISHED Natural surface of the ground, or the surface of the ground after completion of any change in contour, abutting a building or premises. GRAFFITI Any etching, painting, covering up, drawing upon or other mark upon public or private property so as to deface said property. HABITABLE SPACE Any room or enclosed space used or intended to be used for sleeping, living, cooking or dining purposes, excluding enclosed spaces such as utility rooms, closets, pantries, baths or toilet rooms, hallways, cellars, storage spaces, garages and similar spaces. HORIZONTAL EXIT A protected opening through or around a fire wall connecting two adjacent floor areas, each of which furnishes an area of refuge, and from each of which required exits lead to legal open spaces. HOTEL A building used for the housing of the transient public in single rooms or suites of rooms; also provided with dining rooms, kitchens, serving rooms, ballrooms and other facilities for the accommodation of the public. INFESTATION The presence of insects, rodents, vermin, birds or other pests. KITCHEN A space used for cooking or preparation of food containing 60 or more square feet of gross floor area. KITCHENETTE A space used for cooking or preparation of food containing less than 60 square feet of gross floor area. LODGING HOUSE A building used primarily as a temporary residence, with or without meals, for transient occupants, for compensation. LODGING UNIT A room or space within a lodging house forming a single habitable unit or intended to be used for lodging. LOT An area contained within lot lines shown on a properly recorded subdivision map or similar document approved pursuant to Chapter 640 , Zoning, or described in a deed recorded prior to May 27, 1965, or approved as a lot by any applicable regulation. Areas shown on maps or described in deeds which are contiguous shall be deemed separate lots unless otherwise specified as one lot in said instrument. MIXED OCCUPANCY Occupancy of a building in part for residential use and in part for some other use not accessory thereto. MOTEL A building usually not over two stories in height, intended primarily for motorists, in which the exit from each dwelling unit or sleeping room is directly to the exterior. MULTIPLE DWELLING A dwelling which is designed or intended to be occupied or is occupied as a temporary or permanent residence or home of three or more families living independently of each other, including but not limited to the following: a tenement, flat house, maisonette apartment, apartment house, apartment hotel, tourist house, bachelor apartment, studio apartment, duplex apartment, kitchenette apartment, hotel, lodging house, rooming house, boardinghouse, boarding and nursery school, furnished room house, club/sorority house, fraternity house, college and school dormitory, convalescent, old-age or nursing home or residence. It shall also include a dwelling two or more stories in height and with five or more boarders, roomers or lodgers residing with any one family. OCCUPANT Any person(s) who is in actual or constructive possession of the premises or any portion thereof. A tenant shall be deemed to be an occupant. An owner may be an occupant, and an occupant may be an owner. OCCUPIED SPACE Space within a building wherein persons normally work or remain for a period of time. OWNER Any person who is any one or more of the following: the holder of the last deed of record in the Oswego County Clerk's office, fee simple record title owner; the holder of a life estate by virtue of a deed of other instrument recorded or filed in the Oswego County Clerk's office; the holder of title pursuant to the records in the office of the City Assessor and/or the Clerk/Chamberlain of the City of Fulton; or the holder of equitable title by virtue of a recorded or unrecorded land contract. If there is more than one person who qualifies as an owner, the City may serve notices, pursue remedies and otherwise implement this chapter against any one or more of said owner(s), and notice to one owner shall be deemed notice to all owner(s). An owner may be an occupant, and an occupant may be an owner. PERSON An owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of a building, structure, premises or part thereof, and is deemed to include all other officers and directors, if such person be a corporation. PLUMBING SYSTEM The water supply system, the drainage system, the vent system, fixtures and traps, including their various connections, devices and appurtenances within the property lines of the premises. PORTABLE TOILET A free standing, movable toilet structure equipped with a water-tight impervious container which receives waste discharged through a hopper, seat, urinal, or similar device and into which container may be placed disinfecting or deodorizing chemicals. POTABLE WATER Water which is approved for drinking, culinary and domestic purposes. PREMISES A lot, plot or parcel of land, including the building or structures thereon. PUBLIC SPACE Space within a building for public use, such as lobbies, lounges, reception, ball, meeting, lecture and recreation rooms, banquet and dining rooms and their kitchens and swimming pools. REFUSE All cardboard, plastic, metal or glass food containers, wastepaper, rags, sweepings, small pieces of wood, excelsior, rubber, leather, ashes and similar waste material that ordinarily accumulates around a home, business or industry. ROOMING HOUSE A building, other than a one- or two-family dwelling, with sleeping rooms used or occupied by permanent or transient paying guests or tenants without meals. ROOMING UNIT A habitable room or space within a rooming house intended for living and sleeping, but not for cooking or eating purposes. RUBBISH All combustible and noncombustible waste, except garbage. SANITARY Free from dirt and agents of infection or disease. SECURE To render inaccessible to unauthorized entry by closing, bolting, repairing, boarding or otherwise fastening all doors, windows and other openings through which unauthorized entry may be gained. [See § 475-50E(1) and (2) for board-up standards.] SENIOR CITIZENS A person who is 65 years of age or older. SEWAGE Liquid waste containing human, animal or vegetable matter in suspension or solution and which may include industrial wastes and liquids containing chemicals. STRUCTURE An assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings. STUDIO UNIT A living unit containing at least one habitable room with provisions for living, cooking, eating, sleeping and sanitation facilities arranged for the use of one family having a minimum of 235 square feet. SUBSTANTIAL RENOVATION/REMODELING When the cost of such renovation or remodeling made within any six-month period exceeds 50% of the cost of replacement of the building at the beginning of that six-month period; or whenever more than 50% of any building system, measured in units appropriate to that system, is replaced within any 12-month period. TOILET ROOM An enclosed space containing a minimum of one water closet and one lavatory. It may also contain additional plumbing fixtures serving similar purposes. (See definition of "bathroom.") UNOCCUPIED HAZARD Any building or structure or a substantial part thereof which remains unoccupied for a period of more than one year with either doors, windows or other openings broken, removed, boarded or sealed up. VACANT BUILDING A building which is not occupied, used or lived in. VACANT LOT A lot, other than park lands, which is not improved by a structure and is not regularly maintained. VENTILATION Supply and removal of air to and from a space by a natural or mechanical means. VENTILATION, MECHANICAL Ventilation by power-driven devices. VENTILATION, NATURAL Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices. WEEDS All grasses, annual plants and vegetation, other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens. WORKMANLIKE Performed in a skilled manner in accordance with generally accepted standards, generally plumb, level, square, in line, undamaged, and without marring adjacent work. YARD An open space on the same lot which contains a building and located between the building line and the lot line which the particular building line faces.