ARTICLE XXVII. HISTORIC SITE AND NEIGHBORHOOD COMBINING DISTRICTS

30.27.10 Statement of intent.

The intent of this article is:

(a) To preserve historic sites and neighborhoods that represent important elements of Gilroy’s past or contribute to the community’s identity or educational resources;

(b) To enhance the visual character of Gilroy by encouraging and regulating the compatibility of architectural styles within historic sites and neighborhoods;

(c) To identify and designate areas that have a significant concentration or continuity of sites, buildings or objects unified by past events or physical development;

(d) To encourage restoration of historic buildings and neighborhoods throughout the city. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

30.27.20 Permitted uses and conditional use permits.

Permitted uses in both the historic site and historic neighborhood combining districts include all uses that are permitted in the base district.

Any use that is listed as a conditional use for the base district may be allowed to locate within a historic site or neighborhood combining district subject to the planning commission making all of the following findings:

(a) The proposed conditional use is compatible with the historic nature of the property and would require minimal alteration to the building or site; and

(b) All proposed and/or required alterations would not alter the historic significance of the building or site; and

(c) The site is adequate to accommodate any required parking, landscaping or other amenities required as a condition of approval of the conditional use permit. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

30.27.30 Establishment of historic site and neighborhood combining districts.

The establishment of a historic site or historic neighborhood combining district may be in combination with any residential, commercial, industrial or other base district as defined in this chapter. The establishment or removal of either a historic site or historic neighborhood combining district shall be processed as a zone change. The historic heritage committee shall review all applications for historical designation or removal of historical designation and pass its recommendations on to the planning commission and city council. The zone change fees, which are established from time to time by the city council, shall be waived for the establishment of, but not the removal of, either a historic site or neighborhood combining district.

(a) Any area or combination of sites within the city may be designated as a historic neighborhood combining district if it meets any one (1) of the following criteria:

(1) The neighborhood possesses a significant concentration or continuity of sites, buildings, structures, or objects unified by past events or physical development; or

(2) The neighborhood represents an established and familiar visual feature of the community; or

(3) The collective historic value of the neighborhood taken together is of greater value than each individual structure.

(b) Any site within the city may be designated as a historic site combining district if it meets any one (1) of the following criteria:

(1) It exemplifies or reflects special elements of the city’s cultural, social, economic, political, aesthetic, engineering or architectural history; or

(2) It is identified with persons or events significant in local, state or national history; or

(3) It embodies distinctive characteristics of a style, type, period or methods of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or

(4) It is representative of the work of a notable builder, designer or architect. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

30.27.40 Design review procedures.

Applications to construct new structures, alter, change, modify, remove or significantly alter the exterior of any structure within a historic site or neighborhood combining district shall require architectural and site approval according to the provisions of section 30.50.40. An application shall be denied if the changes would jeopardize the building’s or neighborhood’s architectural or historical value. Interior remodeling or routine maintenance or repair of the exterior features of a structure in a historic site or historic neighborhood combining district shall not require architectural and site review.

(a) In a historic neighborhood combining district, the design of the following proposed structures or remodeling shall be reviewed according to the provisions of section 30.50.40:

(1) Construction of any type of a building that will affect the exterior appearance of the site, neighborhood, or any structure on the site or in the neighborhood;

(2) New construction;

(3) Relocation of any structure in or removal from a historic neighborhood combining district;

(4) Remodeling of fifty percent (50%) or more of the facade of any structure.

(b) In a historic site combining district, but not in a historic neighborhood combining district, the design of the following proposed structures or remodeling shall be reviewed according to the provisions of section 30.50.40:

(1) Exterior alterations to any building;

(2) Interior alterations that would affect the exterior of a building;

(3) Construction of any type on a building that will affect the exterior appearance of the site, or any structure on the site;

(4) New construction;

(5) Relocation of any structure into or removal from a historic site combining district. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

30.27.50 Demolition procedures.

All demolition applications for historically or culturally important structures located in either a historic site or neighborhood combining district shall be reviewed by the historic heritage committee which shall forward its recommendations to the planning commission. The planning commission shall review the demolition request and either deny it or forward a recommendation of approval to the city council in accordance with sections 30.27.51 and 30.27.52. Architectural and site approval shall not be given for any new construction until the city council has approved the demolition request, or a demolition permit has been issued by the city, whichever comes first.

Upon application for demolition where a structure or portion of a structure in a historic site or neighborhood combining district has been substantially destroyed by fire, explosion, earthquake or flood, the chief building inspector and planning director, after inspection of the damage, may issue the demolition permit immediately, only when they both determine that there is imminent danger to life, limb or health of the public and the structure is obviously not restorable due to such damage. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13; Ord. No. 2015-02, § 1, 5-4-15)

30.27.51 Historic neighborhood demolition procedures.

After review of each request for demolition, the planning commission may recommend approval or conditional approval upon making the findings set forth below, or may deny the request. The planning commission determination for denial shall be final unless a written appeal to the city council is filed within twenty (20) days. If the planning commission recommends approval or conditional approval, the planning director shall forward to the city council the demolition request with the planning commission’s recommendation. After review of the request, the city council may approve, conditionally approve or deny the request.

In order to approve or conditionally approve a demolition request within a historic neighborhood combining district, the city council prior to its approval must make the following findings:

(a) Demolition of the structure will not have a significant impact on the historic character of the neighborhood; or

(b) The structure proposed for demolition is not restorable. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

30.27.52 Historic site demolition procedures.

Within a historic site combining district, nonhistoric accessory buildings may be demolished through the procedure set forth above for structures in a historic neighborhood combining district.

Demolition or relocation of a historically significant structure within a historic site combining district shall first require removal of the historic site combining district designation through the zone change process as provided in this chapter. Removal of the historic site combining district is not required where a historically significant structure would remain on the site, despite the demolition of other historic or nonhistoric structures on the site. A request for demolition or relocation may be processed concurrently with the request for a change of district. In order to approve or conditionally approve a demolition request within a historic site combining district, the historic heritage committee, the planning commission and city council must make the following findings:

(a) The structure proposed for demolition is not restorable; and

(b) The applicant has unsuccessfully attempted to preserve the structure through all means available, including, but not limited to:

(1) Documented advertisements publicizing the availability of the structure for purchase for restoration purposes; and

(2) A map showing investigation into possible sites for relocation of the structure; and

(3) Documented letters offering the donation of the structure to nonprofit organizations for relocation.

The planning commission or city council may suspend action on removal of the historic site combining district designation and demolition application for a period not to exceed one hundred eighty (180) days to allow sufficient time for necessary steps to be taken to preserve the structure. Thereafter, the planning commission may recommend approval and the city council may approve the application for removal of the historic site combining district designation and demolition following a determination that no means of preservation is feasible and that the requested zone change is appropriate. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

30.27.53 General demolition procedures.

Each request for the demolition of any building over fifty (50) years old which is not in a historic site or neighborhood combining district, but meets any of the four (4) findings of criteria defined under section 30.27.30(b) as determined by the planning division, shall be accompanied by one (1) clear photograph, of the front of the building, submitted by the applicant. The age of the structure shall be determined or verified through public records or from an inspection. A demolition permit shall not be issued for such building until the planning director, with assistance from the historic heritage committee, has had a period not to exceed thirty (30) days to investigate, document and photograph the building and attempt to arrange for the preservation of the building. After the expiration of the thirty (30) day period, the permit may be issued in accordance with the building department procedures. The thirty (30) day period may be waived by the chief building inspector where there is imminent danger to life, limb or health of the public which requires immediate demolition. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)