The primary purpose of the business districts is that they be located to serve commercial concerns efficiently and to minimize any negative impact on less intense uses such as residences and agriculture. For this purpose, business uses are allowed greater density. For business districts, more than one (1) principal use may be allowed in a single building without zoning board of appeals approval if the uses are permitted by the right in the district.

The B-1 neighborhood business district is intended to provide commercial areas of limited size, for basic trade and personal services for the convenience of adjacent residential areas, for needs recurring regularly or frequently.

The B-2 general shopping district is intended to provide areas for a range of commercial uses wider than that of neighborhood business but at a lower intensity than the regional shopping, meeting the general business needs of the city.

The B-3 regional shopping district's primary purpose is to provide for retail, service, office and commercial uses of regional importance. It is intended to provide the zoning and capital improvements which attract a level of development capable of generating a significant number of jobs. Establishments in this district may range in size from free-standing one-user buildings to regional shopping malls. Such businesses generate high levels of traffic and consequently require a significant investment in public infrastructure.

(Ord. No. 10-3, §§ 1, 9, 3-26-10; Ord. No. 14-22, § 1, 9-22-14)

Signs located in B-1, B-2, and B-3 business districts shall conform to the requirements of the Marshall Sign Code.

(Ord. No. 10-3, §§ 1, 10, 3-26-10; Ord. No. 14-22, § 1, 9-22-14)

In the B-1 neighborhood business district, no land or structure shall be used, and no structure or building shall hereafter be erected or structurally altered, except for:

      (1)   Uses listed as permitted by right in the B-1 neighborhood business districts as listed in article VIII.

      (2)   Any other use which is determined by the zoning board of appeals to be of the same general character as, and compatible with, the above permitted uses.

(Ord. No. 10-3, § 1, 3-26-10; Ord. No. 14-22, § 1, 9-22-14)

In the B-1 neighborhood business district, no land or structure shall hereafter be erected or structurally altered, except for special uses as listed for the B-1 neighborhood business district in article VIII in accord with the conditions provided in this article and in accord with the procedures specified in article X.

(Ord. No. 10-3, § 1, 3-26-10; Ord. No. 14-22, § 1, 9-22-14)

For regulations pertaining to allowable building height, size, density and area, refer to article IX.

(Ord. No. 10-3, § 1, 3-26-10; Ord. No. 14-22, § 1, 9-22-14)

In the B-2 general business district, no land or structure shall be used, and no structure or building shall hereafter be erected or structurally altered, except for:

      (1)   All uses permitted in a B-1 neighborhood business district.

      (2)   Uses listed as permitted by right in the B-2 general business districts as listed in article VIII.

      (3)   Any other use which is determined by the zoning board of appeals to be of the same general character as, and compatible with, the above permitted use.

(Ord. No. 10-3, § 1, 3-26-10; Ord. No. 14-22, § 1, 9-22-14)

Special uses as listed for the B-2 general business district in article VIII in accord with the conditions provided in this article and in accord with the procedures specified in article X.

(Ord. No. 10-3, § 1, 3-26-10; Ord. No. 14-22, § 1, 9-22-14)

For regulations pertaining to allowable building height, size, density and area, refer to article IX.

(Ord. No. 10-3, § 1, 3-26-10; Ord. No. 14-22, § 1, 9-22-14)

In the B-3 regional shopping district, no land or structure shall be used, and no structure or building shall hereafter be erected or structurally altered, except for:

      (1)   Uses as permitted by right in the B-3 regional shopping district as permitted in article VIII.

      (2)   Any other use which is determined by the zoning board of appeals to be of the same general character as, and compatible with, the above permitted uses.

(Ord. No. 10-3, § 1, 3-26-10; Ord. No. 14-22, § 1, 9-22-14)

Special uses as listed for the B-3 regional shopping district in article VIII in accord with the conditions provided in this article and in accord with the procedures specified in article X.

(Ord. No. 10-3, § 1, 3-26-10; Ord. No. 14-22, § 1, 9-22-14)

For regulations pertaining to allowable building height, size, density or area, refer to article IX.

(Ord. No. 10-3, § 1, 3-26-10; Ord. No. 14-22, § 1, 9-22-14)

   Downtown business district shall be described as both sides of Michigan Avenue from Beech Street to Chestnut Street. Plum Street beginning at North Michigan Avenue, west to north Fourth Street. Both sides of Archer Avenue beginning at Ninth Street, west to Fourth Street. Locust Street beginning at South Michigan Avenue, west to South Fifth Street. Both sides of Fifth Street from Plum to Locust Street. Both sides of Sixth Street from Plum to South Michigan Avenue. Both sides of Seventh Street from Plum Street to Locust Street.

(Ord. No. 2024-O-24, § 1, 10-28-24)

   All new construction and building rehabilitation located in the downtown business district shall be compatible with the International Building Code. Proposed construction activities application shall be submitted to the zoning officer. The zoning officer shall submit the proposed construction activities application to the zoning officer for review prior to the zoning officer’s submission to the zoning board if required under article XXI of this appendix.

(Ord. No. 10-3, §§ 1, 11, 3-26-10; Ord. No. 14-22, § 1, 9-22-14; Ord. No. 2024-O-24, § 1, 10-28-24)

   The historical business district shall be an overlay district of the downtown business district described as both sides of Archer Avenue from Michigan Avenue to Fifth Street; both sides of Fifth Street from Plum Street to Locust Street; both sides of Sixth Street from Locust Street to Plum Street, and both sides of Locust Street from Fifth Street to Sixth Street. Additional such districts or an expansion of a historical business district may be established by ordinance of the city council.

(Ord. No. 2024-O-24, § 1, 10-28-24)

   The traditional commercial façade can be considered the most important element that gives historical significance to the downtown. Most of the buildings in the downtown business district were built between 1880 and 1910. When originally constructed, downtown buildings shared a consistency in design and proportion that was a key element in the unifying of the district. To maintain this unifying element, new construction and rehabilitation of existing buildings will follow the points below:

   (a)   Store fronts will provide an entrance to the business and have large display windows. Storefronts (first floor) shall be composed almost entirely of windows. Traditional façade calls for more glass and less wall space, balanced with less window space and more masonry at the second and third floor levels.

   (b)   The façade will consist of masonry with regularly spaced windows.

   (c)   There will be a decorative cornice which caps the building.

   (d)   Materials not be applied to the storefront include imitation brick, rough textured wood siding, wooden shingles on mansard roofs, gravel and/or stucco materials.

   (e)   Canvas awnings are approved on traditional storefront buildings. At a minimum, awnings should be seven feet above grade.

(Ord. No. 2024-O-24, § 1, 10-28-24)

   Plans for new construction or rehabilitation of older buildings shall be submitted to the zoning officer for approval.

(Ord. No. 2024-O-24, § 1, 10-28-24)

   (1)   For regulations pertaining to allowable building height, size, density or area, refer to article IX.

   (2)   Dwelling units shall not be permitted below the second floor of any building or structure. This provision does not apply to those properties that are wholly residential properties and in existence on April 1, 2010.

   (3)   All business establishments shall be retail, professional or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced; wholesale as an accessory use shall be permitted if subordinate to listed permitted use in this district.

   (4)   All business shall be conducted within completely enclosed buildings except for off-street parking or loading. The normal services and sales offered at eating and drinking establishments are excluded from this provision. The city may waive this provision by designating certain days on which business establishments may conduct their businesses outside the building or structure. Access to a business shall be from a named or numbered street or parking lot adjacent to the building. Direct access to a business is forbidden from the alley.

   (5)   All exterior lighting of the facility shall be directed away from surrounding properties. Such lighting shall be directed immediately downward at no less than ninety-degree angle from the light pole and shall fully comply with specifications and approvals required by the site plan review regulations.

   (6)   Use of public sidewalks for outdoor eating cafes. The purpose of this subparagraph is to further the city’s efforts to increase the economic vitality of its downtown business district. The outdoor cafes will stimulate additional pedestrian traffic and provide a service that will compliment the existing commercial uses within the district. The use of public sidewalks for outdoor eating cafes shall be permitted uses subject to the following:

   (a)   An application for permit must be submitted to the zoning officer for review. An administrative review shall be conducted and a compliance determination made by economic development director and zoning officer, within thirty (30) days of receipt of the application;

   (b)   The use of public sidewalks for restaurant tables shall only be permitted incidental to the operation of a restaurant with on-site food preparation on private contiguous property and only along the frontage of said restaurant where that restaurant has a zero front setback from the public walk;

   (c)   In no event shall the operation of the sidewalk café reduce the open portion of the public sidewalk to less than five (5) feet clear of all obstructions (i.e. street lighting, benches, trees, trash receptacles, etc.);

   (d)   All tables, chairs and other appurtenances shall be constructed in such manner that they can be easily, and shall be, removed each night and shall be removed during winter months and at other times required by the city. Any and all barrier designs to be used or constructed shall be subject to receiving the City of Marshall’s zoning officer’s approval;

   (e)   No permit shall be issued until the applicant submits to the city evidence of general liability insurance, including the city as an additional insured and insuring the city against any liability resulting from the uses permitted. Minimum coverage shall be one million dollars ($1,000,000.00) for general liability insurance and shall be issued by an insurance company having no less than an "A" rating by the most recent AM Best Insurance; Rating Guide;

   (f)   The sale and consumption of alcoholic beverages in the outdoor café shall be strictly prohibited, except in those instances wherein a meal or other food is being purchased with the alcoholic beverage;

   (g)   The outdoor café shall not be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity;

   (h)   All outdoor cafes shall be permitted between the hours of 6:00 a.m. and 11:00 p.m.;

   (i)   The operation of outdoor cafes shall be permitted between the hours of 6:00 a.m. and 11:00 p.m.;

   (j)   Loud music shall be prohibited;

   (k)   All maintenance and upkeep of the public right-of-way associated with the operation of the outdoor café shall be the responsibility of the owner of such café (upkeep includes but is not limited to the replacement of damaged public property, i.e. brick pavers, washing of the sidewalk with soap and water as needed, picking up trash, and the like);

   (l)   The proprietor shall be required to provide additional outdoor trash receptacles for the café as required by the city;

   (m)   All outdoor café permits shall be subject to an annual review and such permits may be revoked at any time on five (5) days notice;

   (n)   A nonrefundable annual permit fee of fifteen dollars ($15.00) shall be required;

   (o)   All outdoor café establishments shall comply with state, county and city health code and other applicable regulations;

   (p)   The following design criteria shall be applied to all sidewalk cafes:

      1.   Awnings that are attached to a building will be permitted when in conformance with the applicable regulations outlined in the city’s zoning code;

      2.   All outdoor furnishings shall be designed to withstand a wind pressure of not less than thirty (30) pounds per square foot;

      3.   Outdoor furnishings materials and other color should be selected for continuous harmony and aesthetic quality with the adjoining buildings and streetscape. Materials shall be of durable quality such as wrought iron; light gauge materials like aluminum and plastic shall be generally discouraged. Weather resistant wood is allowed only as a secondary accent material;

      4.   Colors should be harmonious; brilliant or bright colors shall be used only for accent;

      5.   Tables to be placed within the city’s rights-of-way shall not have a surface area greater than eight (8) square feet, be easily removable and in no way impede safe pedestrian movement;

      6.   Materials and finishes shall be selected for their durability and wear as well as for their beauty. The table surface shall be smooth and easily cleanable. Proper measures shall be taken to correct damage or decline due to the elements, neglect or abuse;

      7.   Devices incorporated to separate eating areas from pedestrian pathways such as fencing or planters, must conform to above standards of design and shall be installed as directed by the city.

(Ord. No. 10-3, §§ 1, 11, 3-26-10; Ord. No. 14-22, § 1, 9-22-14; Ord. No. 17-20, § 1, 7-24-17; Ord. No. 17-25, § 1, 10-23-17; Ord. No. 2025-O-04, § 1, 4-28-25)