Local zoning · Winters
Winters — Historic Preservation
Historic Preservation under the Winters local zoning and planning code, with the controlling citations.
Last reviewed: July 3, 2026
Overview
Winters locates its historic-preservation rules in Chapter 17.108 of the Winters Zoning Code (Title 17). The chapter creates a citywide cultural‑resource framework (designation, public hearing/appeal rules, and enforcement) and requires prior approval for exterior work in designated places; downtown properties are subject to additional, form‑based development standards. Expect mandatory design review for qualifying downtown projects and required certificates of approval for exterior changes to designated resources or properties inside a historic district. § 17.108 establishes the legal tests the Historic Preservation Commission uses when judging proposals.
(Note: first occurrence links below to related Winters pages for topics commonly needed during historic-preservation projects: zoning, development standards, design review, overlays, parking, ADUs, and the State building code.)
What the code actually requires (summary of key provisions)
- Purpose: Preserve and protect historic buildings, cultural resources, landmarks, natural features and other historically significant resources. § 17.108.010.
- Designation: Cultural resources, landmarks and historic districts are designated by the City Council following a commission study and public hearing; designation criteria are listed in § 17.108.020. Historic District One is expressly designated and geographically described in § 17.108.020(B)(2).
- Permit/approval required: A Certificate of Approval from the Historic Preservation Commission is required before undertaking construction, demolition, moving, alteration affecting exterior appearance, land‑use changes that affect exteriors, or sign work within a historic district or on a designated cultural resource. § 17.108.040.
- Procedure: Applications are filed with the Community Development Department and referred to the commission; the commission must hold a hearing and act within 30 days (or the application is deemed approved unless time is extended). § 17.108.050(D).
- Decision criteria: The commission weighs historic/architectural significance, compatibility of proposed exterior design/materials, relationship to the surrounding area, and the Secretary of the Interior’s Standards for Rehabilitation. § 17.108.060.
- Special considerations & hardship: Approvals must ensure no detrimental alteration of significant exterior features; the commission may nonetheless approve work if it finds public‑safety hazards, undue economic hardship (see § 17.108.150), or broader public benefit as enumerated in § 17.108.070.
- Ordinary maintenance exception: Painting, routine maintenance/repair and ordinary maintenance that does not change design/material are exempt. § 17.108.080 and § 17.108.100.
- Enforcement & penalties: The building official enforces the chapter; civil/criminal penalties and nuisance abatement procedures apply for violations. § 17.108.110–.130.
- State code interplay: The State Historic Building Code (California Administrative Code, Title 24, Part 8) applies for permitting repairs/alterations required to preserve historic buildings. Verify Title 24 applicability for structural/permit details. § 17.108.110.
(First time I mention these related topics they are linked for convenience: Winters Zoning, Winters Development Standards, Winters Design Review, Winters Overlay Districts, Winters Parking, Winters ADUs, California Building Standards Code.)
District-by-district breakdown (Historic-preservation–relevant districts)
Historic District One
- Purpose: City‑designated area intended to preserve a distinct section of the city with special historical or architectural interest. § 17.108.020(B).
- Where it applies: The code identifies Main Street, between Railroad Avenue and First Street, plus the southwest corner of Abbey Street and First Street, as Historic District One; the ordinance references a map that is part of the chapter. § 17.108.020(B)(2).
- Typical permitted uses: The preservation chapter does not rewrite base zoning uses; underlying zoning and land‑use regulations continue to govern allowed uses, but any activity that affects exterior appearance requires a Certificate of Approval under § 17.108.040. Verify underlying parcel zoning. § 17.108.040.
- Key standards that directly affect projects: No demolition, exterior alteration, relocation or sign placement that affects exterior appearance without commission approval; ordinary maintenance is exempt. § 17.108.040, § 17.108.080, § 17.108.100.
Downtown Form-Based Districts — D-A (Downtown‑A) and D-B (Downtown‑B)
- Purpose: Preserve and protect the historic, pedestrian‑oriented downtown character; the form‑based code focuses on building form, setbacks, and streetscape to ensure compatibility with historic downtown. § 17.58.010–.015.
- Where it applies: Properties mapped to the downtown master plan area and assigned the D‑A or D‑B zone on the regulating plan. § 17.58.015.
- Typical permitted uses: The form‑based code lists allowed uses and identifies which uses need a Conditional Use Permit in 17.58.050 (refer to the zoning/use table in Chapter 17.58 and underlying zoning rules). § 17.58.015 (applicability) directs that uses are governed by the D‑A/D‑B rules.
- Key dimensional standards: Mandatory conformance to the form‑based standards; maximum height generally 45 ft in downtown and a maximum residential intensity of 20 dwelling units per acre; street‑front build‑to lines and other form metrics are enforced through the regulating plan and design review. § 17.58.060(A)–(B).
- Design review: All qualifying projects within D‑A and D‑B are subject to design review prior to building permit (see § 17.58.015 and the general design review criteria in § 17.36.040). § 17.58.015; § 17.36.040.
(If a parcel sits inside both Historic District One and the downtown form‑based area, both Chapter 17.108 and Chapter 17.58 requirements apply; verify overlapping rules with the Community Development Department. Verify with the jurisdiction.)
Decision‑relevant standards and actions (quick reference table)
| Standard / action | What that means for a project | Code reference |
|---|---|---|
| Certificate of Approval required for exterior work (construction, moving, demolition, alteration, sign work) | Do not start exterior work on a designated resource or inside a historic district without the commission's certificate; building permits will not be issued until certificate is filed. | § 17.108.040 |
| Application & hearing timeline | File application with Community Development; commission must hold a public hearing and decide within 30 days (failure to act = deemed approved unless extended). | § 17.108.050(D–E) |
| Permit criteria (substance of review) | Commission evaluates historic/architectural significance, exterior feature relationships, compatibility of design/materials, and uses Secretary of the Interior Standards for Rehabilitation. | § 17.108.060 |
| Ordinary maintenance exception | Painting and routine maintenance/repairs that do not change design or materials are exempt. | § 17.108.080; § 17.108.100 |
| Downtown maximums (form‑based) | Downtown max height 45 ft and max residential 20 du/acre; build‑to lines and regulating plan rules control setbacks and frontage. | § 17.58.060(A–B) |
| State historic code use for repairs | Where applicable, the State Historic Building Code (Title 24, Part 8) can be applied for preservation‑focused repairs/alterations. | § 17.108.110 |
| Enforcement / penalties | Violations may be misdemeanors, fines, injunctive relief, and nuisance abatement; building official enforces. | § 17.108.120–.130 |
Checklist
- Confirm whether property is a designated structure, designated site, or lies within Historic District One (see § 17.108.020(B)(2)).
- Determine underlying zoning (D‑A / D‑B or another zone) and the regulating plan/street frontage that applies; consult Chapter 17.58 if in downtown.
- Prepare application package per Historic Preservation Commission rules (photos, elevations, materials, scope) and file with Community Development. § 17.108.050(A–C).
- Check whether the proposed work triggers Certificate of Approval (new structures, demolition, moving, alteration that affects exterior, land‑use changes or signs). § 17.108.040.
- For downtown projects, confirm mandatory conformance with form‑based development standards and schedule design review as required. § 17.58.015; § 17.36.040.
- Address Secretary of the Interior's Standards in project documentation where practicable. § 17.108.060(D).
- If the property is unsafe, coordinate with the building official about public‑safety procedures (the code allows safety exceptions). § 17.108.100.
Risks & Ambiguities
| Issue | Why it matters | What to verify |
|---|---|---|
| Overlap between downtown form‑based rules (D‑A/D‑B) and Chapter 17.108 | Both chapters impose mandatory requirements (form standards + historic approvals) and can affect allowable design/massing. Conflicts can delay approvals. | Confirm whether parcel falls in both zones; ask Community Development which standard controls where they appear inconsistent. § 17.58.015; § 17.108.040. |
| Exact Historic District One map | The ordinance references a map “made a part of this chapter” but the map image is not in the retrieved text. | Obtain the official map from the City Clerk or Community Development (verify boundary for your parcel). § 17.108.020(B)(2). |
| Commission “rules” and submittal checklist | The code requires materials “as required by the rules of the historical preservation commission” but those rules are not reproduced here. | Request the Commission’s submittal checklist and rules from Community Development. § 17.108.050(A–C). |
| Fee amounts and processing timeframe extensions | The code states process times and appeal windows but fee schedule and any time extensions are administrative. | Verify current fees and whether the City is scheduling extensions; check Community Development fee schedule. § 17.108.050(D); § 17.108.090. |
| ADUs, internal alterations, and zoning use conflicts | The preservation chapter restricts exterior work only; interior-only ADU conversions may still need building permits or comply with ADU rules; the interplay with ADU laws is not specified in Chapter 17.108. | Verify special ADU treatment for designated resources with Community Development and consult the Winters ADU rules and California ADU law. Not found in retrieved materials. |
Plain-English Summary
If your house or building is listed as a landmark, designated cultural resource, or sits inside Historic District One, you cannot change its exterior, demolish it, move it, or put up signs that affect appearance without a Certificate of Approval from the Historic Preservation Commission; the Commission decides based on historic significance and compatibility and uses the Secretary of the Interior’s Standards as a guide. Ordinary painting and routine repairs are allowed; downtown properties also must meet the form‑based design standards (height, build‑to lines, etc.). § 17.108.040–.060; § 17.58.060.
Source References
- Winters Municipal Code, Chapter 17.108 (Historical Preservation): § 17.108.010 – § 17.108.150 (purpose, definitions, designation procedure, certificate requirement, permit procedure, criteria, exceptions, enforcement, penalties, hardship).
- Designation of Historic District One (description of bounds): § 17.108.020(B)(2).
- Downtown form‑based code (D‑A / D‑B): Chapter 17.58 — purpose, applicability, development standards (including maximum 45 ft height and 20 du/acre density). § 17.58.010 – § 17.58.060.
- Design review criteria and process: § 17.36.040 and design‑review applicability references in § 17.58.015.
Sources
Retrieved passages
- Winters Zoning Code (§ 4) High relevance
- Winters Zoning Code (§ 4) High relevance
- Winters Zoning Code (§ 4) High relevance
- Winters Zoning Code (§ 17.104.030.) High relevance
- Winters Zoning Code (§ 4) High relevance
- Winters Zoning Code (section of) High relevance
- Winters Zoning Code (§ 4) High relevance
- CBC § 4 (§ 4) High relevance
Cited sections
- Winters Municipal Code, Chapter **17.108** (Historical Preservation): **§ 17.108.010 – § 17.108.150** (purpose, definitions, designation procedure, certificate requirement, permit procedure, criteria, exceptions, enforcement, penalties, hardship). (§ 17.108.010)
- Designation of **Historic District One** (description of bounds): **§ 17.108.020(B)(2)**. (§ 17.108.020)
- Downtown form‑based code (D‑A / D‑B): **Chapter 17.58** — purpose, applicability, development standards (including maximum **45 ft** height and **20 du/acre** density). **§ 17.58.010 – § 17.58.060**. (Chapter 17.58)
- Design review criteria and process: **§ 17.36.040** and design‑review applicability references in **§ 17.58.015**. (§ 17.36.040)
- Winters_ZoningCode.md
Frequently asked questions
What constitutes a "cultural resource" in Winters?
A "cultural resource" is any building, structure, sign, place, site, object or natural feature with scientific, aesthetic, educational, cultural, archaeological, agricultural, religious, ethnic, architectural, or historical significance to the city/state/nation; this definition and the designation criteria are in § 17.108.015–.020.
Do I always need the Historic Preservation Commission's approval to replace a window on a historic house?
If the replacement affects the exterior appearance (size, style, material or visible design), yes — exterior alterations require a Certificate of Approval under § 17.108.040. Ordinary maintenance and repairs that do not change design or materials are exempt under § 17.108.080 and § 17.108.100.
Where is Historic District One located?
The code designates Historic District One as Main Street between Railroad Avenue and First Street, plus the southwest corner of Abbey & First; the ordinance references a map attached to the chapter. § 17.108.020(B)(2). Confirm the official map with the City.
How long will the Historic Preservation Commission take to decide my application?
The commission is to hold a public hearing and render its decision within 30 days of filing the application (unless the applicant and commission agree to an extension). § 17.108.050(D).
What criteria will the commission use to approve or deny my project?
The commission evaluates historic/architectural value and significance, the relationship of exterior features to the surrounding area, general compatibility of design/materials, and the Secretary of the Interior’s Standards for Rehabilitation. § 17.108.060.
Can the commission stop a demolition temporarily?
Yes. The commission may refuse issuance of a building permit or halt demolition for up to 180 days while it reviews options. § 17.108.050(F); § 17.108.050(G).
Do downtown form‑based rules change historic‑district review?
Downtown properties are governed by the form‑based code (D‑A/D‑B) and must meet mandatory development standards (e.g., max 45 ft height, 20 du/acre) and design review; if the property is also in a historic district, both Chapter 17.58 and Chapter 17.108 apply — coordinate both reviews. § 17.58.015; § 17.58.060; § 17.108.040.
Are interior changes reviewed by the preservation commission?
No. The commission is restricted to exterior architectural features and may not consider interior arrangements. § 17.108.050(H).
What happens if I violate the historic‑preservation rules?
Violations are enforceable by the building official; penalties include misdemeanor fines/imprisonment, injunctive relief and nuisance abatement—see § 17.108.120–.130.
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