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The SHBC allows reasonable alternatives to the requirements of regular codes and ordinances, applicable to all qualified historic resources. Any condition permitted to continue within existing occupancies is permissible in historic buildings. CHBC Part 8, Title 24, regulations require enforcing agencies to accept reasonably equivalent alternatives to the regular code.
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All San Jose Historic Resources |
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Land uses other than those designated on the Land
Use/Transportation Diagram may be allowed on sites with structures of significant historical or architectural merit if to do so would enhance the likelihood that the historic/architectural qualities would be preserved, and the use would not otherwise be incompatible with the surrounding area. Such alternative use(s) should be allowed only under Planned Development zoning.
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All San Jose Historic Resources |
Mills Act/Historical Property Contract
This agreement is between an owner of a City Landmark and the City allowing a revised property tax assessment based on rental value in conformance with Mills Act State Legislation. 10% of annual savings are to be used towards rehabilitation and/or maintenance.
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City Landmarks |
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Building and Structure (B&S) Construction Tax (5% of
improvement value) Commercial-Residential-Mobile home Park (CRMP) Tax (5% of improvement value)
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City Landmarks |
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A tax credit differs from an income tax deduction. An income tax deduction lowers the amount of income subject to taxation. A tax credit lowers the amount of tax owed. In general, a dollar of tax credit reduced the amount of income tax owed by one dollar. The two credits are mutually exclusive. Only one applies to a given project. Which credit applies depends on the building – not on the owner’s preference.
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City Landmarks |
The 20% rehabilitation tax credit equals 20% of the
amount spent in a certified rehabilitation of a certified historic structure. The 20% credit is available for properties rehabilitated for commercial, industrial, agricultural or rental residential purposes. It is not available for properties used exclusively as the owner’s private residence. The 20% rehabilitation tax credit applies only to certified historic structures, and may include buildings built after 1936.
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Income Producing Historic (National Register) buildings |
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The 10% rehabilitation tax credit equals 10% of the
amount spent to rehabilitate a non-historic building
built before 1936. The 10% rehabilitation tax credit applies only to non-historic, non-residential buildings built before 1936. |
Income Producing
Non-Historic (National Register) buildings built before 1936 |
