Gilroy City Zoning Code

The intent of this article is:

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:

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.

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.

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.

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:

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:

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.