Part 8.5

HISTORIC LANDMARK STRUCTURE RE-USE

Sections:

The intent of this part is to facilitate the continued use and occupancy of historic landmark structures by allowing consideration of a wider variety of potential uses through the creation of a discretionary process for the approval of uses in a historic landmark structure that would not otherwise be allowed in a particular zoning district. (Ords. 28791, 30603.)

• A. In any residential district, additional uses beyond those allowed in the applicable district are allowed in or at a historic landmark structure subject to a conditional use permit as delineated in Part 6 of Chapter 20.100 Administration and Permits. Such additional uses shall be limited to permitted and conditional uses of any other residential district and permitted or conditional uses of the CP Commercial Pedestrian District, excepting vehiclerelated uses.

• B. In a commercial, urban village, mixed use, industrial, or downtown district, additional, un-enumerated uses beyond those allowed by right or conditionally in the applicable district, as well as enumerated uses that are not

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2025-Supplement 3

SAN JOSÉ CODE

§ 20.80.660

currently allowed, may be allowed in or at a historic landmark structure subject to a special use permit, as delineated in Part 7 of Chapter 20.100, Administration and Permits. (Ords. 28791, 30603.)

• A. In addition to any findings required by any other section of this title, the director, or planning commission on appeal, may issue a special use permit, and the planning commission, or city council on appeal, may issue a conditional use permit, all pursuant to the provisions of this title, for a use of a historic landmark structure as described and allowed pursuant to the provisions of this part only if all of the following additional findings also can be made:

  1. The proposed use of the historic landmark structure is compatible with and will not cause adverse impacts to the surrounding uses; and

  2. The proposed use of the historic landmark structure will not cause adverse impacts to the historic landmark structure; and

  3. Any changes proposed to the historic landmark structure, or the site on which this historic landmark structure is located, as part of a project will comply with the United States Secretary of the Interior's Standards for the Rehabilitation of Historic Buildings; and

  4. The proposed re-use of the historic landmark structure complies either with the Uniform Building Code or the State Historic Building Code; and

  5. If the historic landmark structure is located in a residential district, the proposed re-use of the historic landmark structure will not impair the integrity of the surrounding residential neighborhood or the surrounding area is not predominately residential in character.

• B. The director, or planning commission on appeal, or the planning commission, or city council on appeal, as applicable, shall deny the development permit application where the decision-maker cannot make any one of the findings set forth in Subsection A. above, or other required finding under this title, based upon substantial evidence in the record.

• (Ords. 28791, 30603.)