Fulton, N.Y., Code of Ordinances ch. 475 § 475-15
Prohibited uses
Operative Text
A. It shall be prohibited to use for sleeping purposes any kitchen, nonhabitable space or public space. Public space shall be permitted to be used for temporary shelter in cases of declared emergencies. B. It shall be prohibited, in lodging houses and rooming houses, to use for dining purposes any communal kitchen containing less than 120 square feet of floor area or any nonhabitable space or public space other than dining space. C. It shall be prohibited to prepare meals in hotel, lodging and dormitory units which have no kitchen or kitchenette. D. It shall be prohibited to use any cellar or basement as habitable space except as provided in § 475-16B . E. It shall be prohibited to utilize more than 50% of the gross square feet of floor area within a residential dwelling for a professional office or home occupation. F. It shall be prohibited to occupy or use for residential purposes the residential part of a mixed occupancy, if the nonresidential part of such building is classified for use as a high-hazard occupancy or if the nonresidential use is obnoxious or offensive to the residential occupancy or use. G. It shall be prohibited to have a home occupation which produces offensive noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare or other objectionable effects. H. It shall be prohibited to place any portable toilet without the required permit or to have a portable toilet that omits an offensive odor or is leaking or is located in such a manner that is not approved. The only exemptions shall be listed on the application for the portable toilet or as approved by the Bureau Chief.
Section 475-15 of Fulton, N.Y., Code of Ordinances ch. 475 establishes a list of prohibited uses within residential and mixed-use properties. Among the restrictions, kitchens, nonhabitable spaces, and public spaces may not be used for sleeping, and cellars or basements generally cannot serve as habitable space. Home occupations are capped at 50% of a dwelling's gross floor area and must not generate objectionable conditions such as offensive noise, odors, or glare. Portable toilets require permits and must be maintained without leaks or offensive odors.
Plain English — not legal advice.
Operators of residential properties in Fulton, N.Y., subject to § 475-15 generally ensure that no unit, common area, or nonhabitable space is configured or rented in a way that violates the provision's use restrictions—for example, verifying that sleeping arrangements occur only in designated habitable rooms and that any home occupation does not exceed half the dwelling's gross floor area. Compliant managers of lodging and rooming houses confirm that communal kitchens used for dining meet the 120-square-foot minimum and that no dining occurs in prohibited spaces. When portable toilets are needed on a property, operators obtain the required permit in advance and maintain the units free of leaks and offensive odors, noting any approved exemptions on the permit application as allowed under § 475-15H.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Fulton, N.Y., properties covered by § 475-15 have an interest in knowing that certain spaces—such as kitchens, basements, and public areas—are generally not lawful sleeping quarters, and that a landlord operating a home occupation out of a shared dwelling may not legally use more than 50% of the gross floor area for that purpose. If a tenant believes conditions in their building violate § 475-15—such as being housed in a nonhabitable space or experiencing objectionable effects from a home occupation—they may consider documenting the conditions and reaching out to the relevant Fulton municipal code enforcement office. Tenant-rights organizations can help residents understand which enforcement paths, such as filing a complaint with local code enforcement or raising a violation as a defense in a housing proceeding, may be available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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