[HISTORY: Adopted by the City Council of the City of Marion by Ord. No. 08-16; amended by Ord. No. 10-02 (Ch. 29, §§ 29.01, 29.02 and 29.05, of the 2000 Code); amended 3-23-2023 by Ord. No. 23-02. Subsequent amendments noted where applicable.]
The purposes of this chapter are to:
A. 
Promote the educational, cultural, economic and general welfare of the public through the recognition, enhancement and perpetuation of sites and districts of historical and cultural significance.
B. 
Safeguard the City's historic, aesthetic and cultural heritage by preserving sites and districts of historic and cultural significance.
C. 
Stabilize and improve property values.
D. 
Foster pride in the legacy of beauty and achievements of the past.
E. 
Protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business thereby provided.
F. 
Strengthen the economy of the City.
G. 
Promote the use of sites and districts of historic and cultural significance as places for the education, pleasure and welfare of the people of the City.
As used in this chapter, the following terms shall have the meanings indicated:
COMMISSION
The Marion Historic Preservation Commission, as established by Chapter 12, Article IV, of the Code of Ordinances.
HISTORIC DISTRICT
An area which contains a significant portion of buildings, structures or other improvements which, considered as a whole, possess integrity of location, design, setting, materials, workmanship, feeling and association, and which area as a whole:
A. 
Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or
B. 
Is associated with events that have made significant contributions to the broad patterns of our local, state or national history; or
C. 
Possesses a coherent and distinctive visual character or integrity based upon similarity of scale, design, color, setting, workmanship, materials or combinations thereof which is deemed to add significantly to the value and attractiveness of properties within such area; or
D. 
Is associated with the lives of persons significant in our past; or
E. 
Has yielded, or may be likely to yield, information important in prehistory or history.
HISTORIC SITE
A structure or building which:
A. 
Is associated with events that have made a significant contribution to the broad patterns of our history; or
B. 
Is associated with the lives of persons significant in our past; or
C. 
Embodies the distinctive characteristics of a type, period or method of construction or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or
D. 
Has yielded, or may be likely to yield, information important in prehistory or history.
The provisions of this chapter shall apply to all buildings and structures located in whole or in part within the following described Historic Structure Preservation Districts that require a demolition permit issued by the City of Marion Building Official:
A. 
Pucker Street Historic District. Area described within the following boundary: Beginning at the intersection of 20th Street and 9th Avenue, then west along 9th Avenue to the intersection of 13th Street, then south along 13th Street to the middle of the block south of 8th Avenue and north of 7th Avenue, then west along the rear property lines of the lots located immediately south of 8th Avenue to the intersection of 20th Street, then north along 20th Street to 9th Avenue and the point of beginning.
B. 
Terrace Park Historic District. Area described within the following boundary: Beginning at the intersection of 10th Avenue and 11th Street, then south along the center line of 11th Street to the intersection of 9th Avenue, then east along 9th Avenue to the intersection of 12th Street, then north along the center line of 12th Street to a point 200 feet south of the 10th Avenue and 12th Street intersection, then east 165 feet, then north to the center line of 10th Avenue, then west along 10th Avenue to the point of beginning.
C. 
Downtown Commercial Historic District. Area described within the following boundary: beginning at the intersection of 8th Avenue and 13th Street, then south along 13th Street to the intersection of 7th Avenue; then west along the center line of 7th Avenue to the intersection of 11th Street, then south along 11th Street to the intersection of 6th Avenue, then west along 6th Avenue to the intersection of 10th Street, then south along 10th Street 152 feet, then west along the center line of the east/west alley of Block 27, Original Town to the intersection of the north/south alley of Block 27, Original Town, then north along the north/south alley through Blocks 27, 20 and 12, Original Town to the intersection of the east/west alley of Block 23, Original Town, then east along the center line of the east/west alley of Block 12 and 13 Original Town to the intersection with the north/south alley of Block 13, Original Town, then north along the center line of the north/south alley of Block 13, Original Town to the intersection of 8th Avenue, then east along 8th Avenue to the point of beginning.
The Marion Building Official may issue a demolition permit if a building or structure is deemed to be dangerous and an immediate public hazard if damaged by a fire or an Act of God.
A. 
Upon receiving an application for a demolition permit for any building or structure subject to this chapter, the Planning Official shall immediately notify the Marion Historic Preservation Commission of such application.
B. 
The applicant shall file the information required in this chapter with the Historic Preservation Commission at the office of Community Development by the application deadline established by the Commission. The applicant shall post notice on the property regarding notice of the proposed demolition 14 days prior to action taken by the Marion Historic Preservation Commission. At its next regular meeting, the Commission shall recommend to the City Council approval or denial of the application, or table the application for additional information for a specified period not to exceed 60 days from the date of application with the Commission. A failure of the Commission to take action on the application within the sixty-day period, unless the applicant requests an extension of such time, shall constitute Commission approval thereof. The recommendation of the Commission shall be transmitted to the City Clerk. The City Clerk shall transmit the recommendation and the application within the sixty-day period to the City Council for its consideration.
A. 
The Commission shall review all of the information submitted by the applicant and shall make a determination as to the following:
(1) 
Whether the building or structure proposed for demolition has historic or architectural significance to the community; and
(2) 
Whether denial of the proposed demolition permit would prevent the property owner from earning a reasonable economic return on the property.
B. 
If the Commission finds that denial of the application would prevent the property owner from earning a reasonable economic return on the property, or that the building or structure does not have any historical or architectural significance to the community, the Commission shall recommend approval of the application.
C. 
If the Commission finds that denial of the application would not prevent the property owner from earning a reasonable economic return on the property and that the building or structure has historical or architectural significance to the community, the Commission shall recommend denial of the permit application.
A. 
The City of Marion's historic property inventory and any subsequent official architectural/historical surveys/evaluations and nominations to the National Register of Historic Places prepared for any buildings or structures located within the neighborhoods described in § 173-3 of this chapter also shall be considered as guidelines at such time.
(1) 
Survey and Evaluation of the Pucker Street District (2000).
(2) 
National Register of Historic Places District Nomination of the Pucker Street Historic District (2001).
(3) 
Survey and Evaluation of the Terrace Park District (2003).
(4) 
National Register of Historic Places Nomination of the Terrace Park Historic District (2005).
B. 
In determining whether a building or structure has historic or architectural significance, the Commission and the City Council shall consider an application for a demolition permit in accordance with the standards for review set forth in the Secretary of the Interior's standards for identification and evaluation, and any subsequent revisions of these standards and guidelines by the Secretary of the Interior. The Commission and the City Council shall also consider a determination from the State Historical Society of Iowa as to the potential eligibility for listing of the building or structure proposed for demolition on the National Register of Historic Places.
In determining whether to recommend approval or denial of the application, the Commission and the City Council may consider the information set forth in this section. The Commission and the City Council may also investigate strategies which would allow the property owner to earn a reasonable economic return on the property, may solicit expert testimony and may require that the applicant make submissions concerning any or all of the following information:
A. 
Estimate of the cost of the proposed demolition and a completed demolition application form;
B. 
A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any buildings or structures and their suitability for rehabilitation and/or from an architectural historian;
C. 
An estimated market value prepared by a real estate appraiser of the property:
(1) 
In its current condition of property and building or structure;
(2) 
After completion of the proposed demolition; and
(3) 
After renovation of the existing property for continued use.
D. 
An opinion from a licensed architect, licensed real estate consultant and/or licensed appraiser (other than initial appraiser completing Subsection C above) or other real estate professional experienced in rehabilitation, as to the economic feasibility of rehabilitation or reuse of the existing building or structure on the property;
E. 
The amount paid for the property, the date of purchase and the person from whom the property was purchased, including a description of the relationship, if any, between the owner of record or the applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer;
F. 
If the property is income-producing, the annual gross income from the property for the previous two years;
G. 
Itemized operating and maintenance expenses for the previous two years, and the depreciation deduction and annual cash flow before and after debt service, if any, during the same period or a showing of the applicant's efforts in ongoing maintenance and repair;
H. 
The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years;
I. 
An appraisal obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property;
J. 
Any listing of the property for sale or rent, the price asked and offers received, if any, within the previous two years;
K. 
The assessed value of the property according to the two most recent assessments;
L. 
The amount of real estate taxes for the previous two years and whether or not they have been paid;
M. 
The form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other;
N. 
Any other information considered necessary by the Commission to make a determination as to whether the property does or may yield a reasonable economic return to the property owner(s), including, but not limited to, the income tax bracket of the owner(s) or applicants or the principal investor(s) in the property;
O. 
Statement from applicants in regard to their efforts to obtain financing, tax incentives, preservation grants and other incentives sufficient to allow the applicant to earn a reasonable economic return from the property in its current condition, and after renovation of the existing property for continued use; and
P. 
A showing of the applicant's efforts in ongoing maintenance and repair.
A. 
At its next regular meeting following receipt of the recommendation of the Commission by the City Clerk, the City Council shall hold a hearing on the application for a demolition permit and shall approve, deny or withhold action on the application for a specified period not to exceed 90 days from the date of application to the Historic Preservation Commission, unless the applicant requests an extension of such time. If the City Council fails to take action to approve, deny or withhold action on the application within the ninety-day period, or such extension as requested by the applicant, the Building Official shall issue the permit forthwith.
B. 
The City Council may withhold action on the application to allow the City Council and the Commission an opportunity to investigate the historical or architectural value of the building or structure to the community and to take such action as may be appropriate to encourage its preservation. However, nothing in this chapter shall authorize the withholding by the Building Official of a demolition permit for more than 90 days from the date of application to the Community Development Department, unless the applicant requests an extension.
C. 
The applicant will be required to post notice on the property 14 days prior to the public hearing by the Marion City Council. At the hearing, the City Council shall consider the recommendation of the Commission, any information submitted to the Commission by the applicant, any information submitted to the City Council by the applicant and public input.
D. 
If the City Council finds that denial of the application would prevent the property owner from earning a reasonable economic return on the property or that the building or structure does not have any historical or architectural significance to the community, the City Council shall approve the application.
E. 
If the City Council finds that denial of the application would not prevent the owner from earning a reasonable economic return on the property and that the building or structure has historical or architectural significance to the community, the City Council shall deny the application.
F. 
If the City Council denies the application, it shall state its findings in writing and shall transmit a copy of such findings to the applicant.