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]
C. 
Commercial uses when limited to the following:
(1) 
Offices, excluding clinics .
[Amended 6-17-2003 by Ord. No. 2003-183]
(2) 
Art galleries.
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]]
[1]
Editor's Note: This ordinance also redesignated former Subsection D, concerning outdoor seating, as Subsection E.
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.
A. 
Buildings.
(1) 
Square footage. No permitted nonresidential use shall occupy a floor area greater than 1,200 square feet to conduct its sales and to store its inventory.
B. 
Site.
(1) 
Off-street parking.
(a) 
Parking may be supplied anywhere in the district and is not required on site.
Personal wireless telecommunication facilities in the O-B District shall be regulated as outlined in § 120-143, Personal wireless telecommunication facilities.
The applicable City-Wide Design Guidelines and Standards (Article XIX) and Requirements Applying to All Districts (Article XX) in this chapter shall apply to all uses in the O-B District.