The O-B Overlay Boutique District protects and
enhances older City neighborhoods along major and secondary thoroughfares
or proximate to commercial, cultural and employment centers. The O-B
District permits mixed residential and limited small-scale commercial
uses. The traffic and activity levels along some major and secondary
thoroughfares decrease the desirability for family living. The accessibility
and exposure provides an environment suitable for certain small-scale
commercial uses that can exist proximate to neighborhoods without
adversely affecting the residential environment. The preservation
and rehabilitation of sound structures promote increased use options
while dwellings remain the primary function of the district. The O-B
District shall not be independently mapped on the City of Rochester
Zoning Map but shall be overlaid upon an existing residential zoning
district that is found to be appropriate for such treatment.
The following uses and structures are permitted in the O-B District in existing structures only. The initial conversion is subject to site plan approval in accordance with the provisions of § 120-191:
A.
Permitted uses allowed in the underlying district.
B.
Retail sales and services limited to the sale of the
following items, operating between the hours of 6:00 a.m. and 11:00
p.m.:
(1)
Antiques.
(2)
Art objects.
(3)
Art and craft supplies.
(4)
Books.
(5)
Clothing.
(6)
Decorative accessories.
(7)
Flowers and plants, excluding flowers and plants that
require the retailer to be licensed under the Cannabis Law.
[Amended 11-3-2022 by Ord. No. 2022-322]
(8)
Handicrafts.
(9)
Jewelry.
(10)
Specialty foods.
(11)
Specialty toys.
(12)
Barbers, hairdressers, aestheticians and the
like.
[Amended 12-20-2005 by Ord. No. 2005-394]
(13)
Restaurants limited to 650 square feet of net floor area but
excluding drive-through facilities. The hours restriction set forth
in this subsection shall not apply to restaurants licensed by New
York State to sell alcoholic beverages for on-premises consumption
pursuant to the Alcoholic Beverage Control Law.
[Amended 11-17-2015 by Ord. No. 2015-355]
D.
Studios for artists, craftsmen, photographers, composers,
writers and the like.
[Added 12-20-2005 by Ord. No. 2005-394]
E.
Live-work space.
[Added 12-20-2005 by Ord. No. 2005-394]
The following uses are allowed as special permit
uses in the O-B District in existing structures only:
A.
Special permit uses allowed in the underlying district.
B.
Bar, cocktail lounge and tavern, excluding dancing, limited entertainment
and public entertainment, not exceeding 650 square feet of floor area
devoted to customer seating and service, operating between the hours
of 6:00 a.m. and 11:00 p.m.
[Amended 11-17-2015 by Ord. No. 2015-355; 11-12-2019 by Ord. No. 2019-325]
C.
Restaurants, excluding dancing, limited entertainment, public entertainment
and drive-through facilities, not exceeding 650 square feet of net
floor area devoted to customer seating and service, operating between
the hours of 6:00 a.m. and 11:00 p.m., including outdoor seating/assembly
areas.
[Amended 11-12-2019 by Ord. No. 2019-325]
D.
Restaurants licensed by New York State to sell alcoholic beverages
for on-premises consumption pursuant to the Alcoholic Beverage Control
Law, excluding dancing, entertainment and drive-through facilities,
exceeding 650 square feet of net floor area devoted to customer seating
and service.
[Added 11-17-2015 by Ord.
No. 2015-355[1]]
E.
Outdoor seating areas operating between the hours
of 6:00 a.m. and 11:00 p.m. that are accessory to permitted uses or
to specially permitted restaurants.
[Amended 6-17-2003 by Ord. No. 2003-183; 11-17-2015 by Ord. No. 2015-355]
F.
On-site
cannabis consumption lounges not exceeding 650 square feet operated
entirely within an enclosed building operating during bar hours, but
no later than 11:00 p.m. The Planning Commission may extend the permissible
operating hours to bar hours later than 11:00 p.m. if it finds such
action is warranted by reason of unique conditions of the particular
operating space or by reason of the particular character of surrounding
tenant spaces and properties.
[Added 11-3-2022 by Ord. No. 2022-322]
The lot, area and yard requirements of the O-B
District shall conform to the underlying district.
The building requirements of the O-B District
shall conform to the underlying district.
Personal wireless telecommunication facilities in the O-B District shall be regulated as outlined in § 120-143, Personal wireless telecommunication facilities.
