(A) Criteria for Historic District designation.
(1) In addition to the criteria and evaluation procedures set forth in § 1478.04 above, the following additional criteria shall be utilized by the Berwyn Historical Commission in determining whether to designate a Local Historic District.
(a) The Historic District contains one or more landmarks along with other buildings, places or areas within its definable geographic boundaries which, while not of historic significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located in the Districts;
(b) A significant number of structures meeting any of the standards of § 1478.04 under landmark designation criteria;
(c) Establishing a sense of time and place unique to the city;
(d) Exemplifying or reflecting the cultural, social, economic, political or architectural history of the nation, the state or the city.
(2) A preliminary determination as to whether a district meets one or more of the foregoing criteria shall be made within 60 days of the filing of a nomination with the Commission.
(B) Historic District designation procedure.
(1) Petition.
(a) Any person, group of persons or association, including but not limited to the Historical Commission, may present to the Commission a petition requesting that a defined geographic area be designated as a Historic District. Nominations shall be made to the Historic Preservation Commission on a form provided by the Commission. A filing fee of $500 is required, but is waived if submitted by the Commission or at the Commission's discretion.
(b) The petition shall contain the signatures of no less than 51% of the property owners in the defined geographic area; or, if leaseholders, with a five-year or longer leasehold interest, are signatories to the petition, then the petition shall contain no less than 51% of the property owners and/or leaseholders.
(2) Denial. If a majority of the Commission members determines that there is not likelihood that the nominated Historic District may meet at least one of the criteria for designation, it shall enter a formal denial of the nomination and so notify the party making the nomination, in writing. A denial shall be the final administrative decision. The Commission may not reconsider the preliminary eligibility of a Historic District for at least one year following the submission of the original nomination and then only upon further evidence of qualification. The Commission may waive the one-year period if the Commission deems that such action is warranted due to new circumstances of new evidence of eligibility.
(3) Preliminary determination. If a preliminary determination is made that there is a likelihood that the nominated Historic District may meet one or more criteria, the Commission shall schedule designation hearing(s) to be held within 45 days of the preliminary determination and shall send the applicant or nominator of record a written notice of same no less than 15 days in advance of the hearing by regular and certified mail or via another delivery service that documents receipt. Failure to receive notice shall not invalidate the proceedings of the Commission. A public notice shall be posted at City Hall and on the City of Berwyn's website. The notice shall state the date, time, place and purpose of the public hearing along with the location of the proposed district and a statement summarizing how the proposed district meets the criteria for historic designation.
(4) Designation hearing. At the hearing the Commission shall take testimony and receive evidence from the nominators, owner(s) of record, and any other interested parties who wish to be heard and/or present evidence on the application of the criteria for designation, set forth herein above in division (A) above, to the proposed Historic District. The Commission shall hear testimony and receive evidence in accordance with the procedural rules as the Commission may, from time to time propose and the City Council may from time to time adopt for the purpose of governing the conduct of such hearings before the Commission. The procedural rules set forth in Exhibit B attached to Ordinance 06-50 and incorporated herein by reference, are hereby adopted as the rules of procedure governing the conduct of hearings before the Commission, which rules shall be subject to amendment by action of the Commission and the City Council as set forth above.
(5) Designation of a Historic District. Procedures for the designation of a Historic District will follow procedures established in § 1478.07 changing references of landmarks to districts.
(Ord. 06-50, passed 11-28-2006; Ord. 11-04, passed 1-25-2011; Ord. 11-19, passed 4-26-2011)