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.
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 UNITAny 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 USEThe 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 REPAIRA facility providing repair services to automobiles, trucks, or motorcycles, including the sale and mounting of tires.
BARAn 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 INNA 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 GARDENA public or private facility for the demonstration and observation of the cultivation of flowers, fruits, vegetables, or ornamental plants.
CAR WASHA permanent, self-service or full service establishment that provides facilities for car washing. Catering service. A business that prepares food for consumption off-premises.
CIGAR LOUNGEA 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.
CONDOMINIUMA building or complex of buildings containing a number of individually owned apartments or houses.
DAYCARE FACILITY/CHILDCAREA 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.
DUPLEXA 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 INSTITUTIONA facility offering financial services such as a bank, credit union, savings & loan, or finance company.
FOOD ESTABLISHMENTSThe 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 BUILDINGAny facility owned and operated by City, county, state or federal governments, regardless of the use.
GUN AND AMMUNITION SALESAny premises or portions thereof used for the sale, vending, dealing, exchange or transfer of firearms and ammunition.
HEALTH AND FITNESS CLUBA 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 OCCUPATIONA 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 BARAn establishment where patrons communally smoke flavored tobacco, upon written clearance from the New York State Department of Health.
HOTEL OR MOTELA 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, PERMANENTIncludes apartments, condominiums, duplexes, triplexes, fourplexes, row houses, townhouses.
HOUSING, TEMPORARYA facility for transient occupancy, such as a hotel, bed & breakfast residence, Airbnb, VRBO, or other short-term vacation rentals.
LIBRARYA 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 INDUSTRIALMix 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 UNITBuildings 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 ESTABLISHMENTAny 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 DISPENSARYAny 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 OFFICEAn 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 DISTRICTA 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 DEVELOPMENTDevelopment 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 DEVELOPMENTDevelopment 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.
MORTUARYA 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 SALESThe sale, lease, or rental of new or used motor vehicles, mobile homes, or farm implements.
MUSEUMA 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.
NIGHTCLUBA 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 MARKETAn establishment for the sale of fresh agricultural produce and related products, and licensed by the City.
PARK OR PLAYGROUNDLand 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 FACILITYAn 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 SHOPAn 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 SERVICEAn 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 SHOPAn establishment primarily engaged in the retail sale of household pets.
PROFESSIONAL OFFICEAn 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 FACILITYAn 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 FACILITYAny 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 STOREAny establishment or section of an establishment where food and food products are offered to the consumer and intended for off-premises consumption.
RETAIL SALEThe 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.
ROWHOUSEA 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-STORAGEA location where individuals rent containers or units of space within a large warehouse to store possessions.
STREET VENDORA 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/WORKSHOPA studio facility for the arts, crafts, photography, music and music recording, dance, gymnastics, aerobics, yoga, martial arts, cooking.
TATTOO PARLORAn 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.
THEATREA building or portion thereof for the showing of motion pictures, or for dramatic, dance, musical or other live performances.
THRIFT STOREA for profit or nonprofit business that engages in the sale or resale of previously owned or used goods and merchandise.
TOWNHOMEA multi-story house in a modern housing development which is attached to one or more similar houses by shared walls.
TRIPLEXA building divided into three self-contained residences.
ZONING DISTRICTThe classification of lands as established in this chapter and by the Official Zoning Map incorporated by reference herein.
ZONING MAPThe official map entitled "City of Fulton Zoning District Map" established pursuant to this chapter