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.
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.