TITLE XV: LAND USAGE 

Chapter 

150. BUILDING CODES 
151. SIGN CODE 
152. PLANNING AND DEVELOPMENT 
153. SUBDIVISION CODE 
154 ZONING CODE 
2021 S-2 1 


Winston -Land Usage 


CHAPTER 150: BUILDING CODES 

Section 

State Specialty Codes 

150.001 Adoption of codes; amendments 
150.002 Local interpretation 
150.003 Fees 
150.004 Investigative authority and corrective action of Building Official and inspector 
150.005 Effective date 
Excavations 

150.020 Definitions 
150.021 Excavation permit 
150.022 Application 
150.023 Excavation permit fees 
150.024 Surety bond 
150.025 Protective measures and routing of traffic 
150.026 Clearance for vital structures 
150.027 Protection of traffic 
150.028 Relocation and protection of utilities 
150.029 Abandonment of substructures 
150.030 Protection of adjoining property 
150.031 Care of excavated material 
150.032 Cleanup 
150.033 Protection of watercourses 
150.034 Breaking through pavement 
150.035 Depth of structures 
150.036 Backfilling 
150.037 Restoration of surface 
150.038 Trenches in pipe laying 
150.039 Prompt completion of work 
150.040 Urgent work 
150.041 Emergency action 
150.042 Noise, dust and debris 
150.043 Preservation of monuments 
150.044 Inspections 
150.045 Maintenance of drawings 
150.046 Liability of city 
3 


Winston -Land Usage 

Residential Maintenance Code 

150.060 Short title 
150.061 Purpose 
150.062 Applicability 
150.063 Enforcement 
150.064 Abatement of nuisance 
150.065 Prohibited action 
150.066 Building permit 
150.067 Building permit fees 
150.068 Definitions 
150.069 Location of buildings; access 
150.070 Sanitation and health 
150.071 General specifications 
150.072 Heating, electrical and ventilation equipment 
150.073 Outside exits 
150.074 Fire-resistive construction 
150.075 Substandard buildings 
150.076 Abatement of substandard buildings 
150.077 Housing Board of Appeals 
150.999 Penalty 

STATE SPECIALTY CODES 

§ 150.001 ADOPTION OF CODES; AMENDMENTS. 

The city adopts the following codes by reference, and each is incorporated and made a part of this 
subchapter, except as specifically provided by this section: 

(A) The State 1993 Edition Structural Specialty Code (OAR 918-460-010 as of January 1, 1993) 
including §§ 104(d) and 203, except that § 302(b) and (c) are amended to read as follows: 
(b) Plans and Specification. Plans, engineering calculations, diagrams and other data shall 
be submitted in one or more sets with each applications for permit. The building 
official may require plans, computations, and specifications to be prepared and 
designed by an engineer or architect licensed by the State to practice as such. 
Submittals shall include constructions inspection requirements as defined in 
Section 302(c). 
EXCEPTIONS: The building official may waive the submission of plan, calculations, 
construction inspections requirement, etc., if he finds that the nature of the work 


Building Codes 

applied for is such that reviewing of plans is not necessary to obtain compliance with this 
code. 

(c) Construction inspection. The engineer or architect in reasonable charge of the 
structural design work shall include in the construction documents the following: 
1. Special inspection required by Section 206. 
2. Other structural inspection required by the engineer or architect in 
responsible charge of the structural design work. 
(B) The State 1993 Edition Mechanical Specialty Code (OAR 918-440-010 as of January 1, 1993); 
(C) The State 1993 Edition One and Two Family Dwelling Specialty Code (OAR 918-480-000 as 
of May 1, 1993); 
(D) The State 1992 Edition Plumbing Specialty Code (OAR 918-750-010 as of December 23, 1991); 
(E) The State 1993 Edition Electrical Specialty Code (OAR 918-290-010 to 918-290-110 as of July 
1, 1993). Electrical plan reviews are required as per OAR 918-320-300 to 918-320-340 for all 
nonresidential occupancies and residential occupancies in excess of two dwelling units; 
(F) (1) Manufactured Dwelling and Cabana Installation Standards (OAR 918–Division 505); 
(2) Manufactured Dwelling and Manufactured Dwelling Accessory Building or Structure 
Standards (OAR 918–Division 510); and 
(3) Manufactured Dwelling heat-producing appliances (OAR 918–Division 520) (all rules as 
of June 15, 1992). 
(G) Mobile Home Parks (OAR 918–Division 600 as of October 23, 1991); and 
(H) Recreational Parks and Organizational Camps (OAR 918–Division 650 as of October 23, 1991). 
(1993 Code, Comp. No. 7-4) (Ord. 486, passed 6-21-1993) 
§ 150.002 LOCAL INTERPRETATION. 

(A) The City Board of Appeals shall be the City Council which shall have no authority to waive 
requirements of a specialty code. 
(B) A person affected by a ruling of the Building Official may appeal the ruling to the Board of 
Appeals within 30 days of the ruling, with further appeal to the appropriate State Specialty Code Board. 

Winston -Land Usage 

(C) The city recognizes that a person may request a ruling from the Administrator of the State 
Building Codes Agency prior to submitting an application to the city for permit or after withdrawing a 
previously submitted application. 
(D) Electrical Code appeals shall be processed to the City Lead Electrical Inspector who will render 
a final decision. Appeals from final decision made by the City Electrical Inspector on electrical 
installations or electrical products shall be made to the State Chief Electrical Inspector according to the 
provisions of O.R.S. 479.853 and OAR 918-301-030. 
(1993 Code, Comp. No. 7-4) (Ord. 486, passed 6-21-1993) Penalty, see § 150.999 
§ 150.003 FEES. 

(A) Value or valuation of a building or structure shall be determined a established by Structural 
Specialty Code §§ 304(b) and 423 as adopted by this subchapter in § 150.01(A). 
(B) Permit, plan checking, investigation and other fees charged by the Building Official shall be as 
established in the specialty codes listed below as adopted by this subchapter in § 150.01(A) and as 
follows: 
(1) 1993 Structural (Building), § 304 and Table No 3-A thereof; 
(2) 1993 Mechanical, § 304 and table No. 3-A thereof; 
(3) 1993 One and Two Family Dwelling, § R.110.2 and state adopted fee schedules, Tables, 
structural permit fees page 2.E, mechanical permit fees pages 2.F & 2.G, plumbing permit fees page 
2.H, and electrical permit fees page 2.1 thereof; 
(4) 1992 Plumbing, § 20.7 and Attachment A; 
(5) 1993 Electrical as indicated in Attachment B, Electrical Fee Table. Limited energy permit 
fees shall be $40 as indicated on the electrical specialty permit application form. Minor electrical labels 
shall be $50 per ten minor labels; 
(6) 1992 Manufactured Dwelling, Cabana, Accessory and Appliances (installations), OAR 
918-500-100; 
(7) 1991 Mobile Home Parks, OAR 918-600-030; and 
(8) 1991 Recreational Parks and Organizational Camps, OAR 918-650-030. 
(1993 Code, Comp. No. 7-4) (Ord. 486, passed 6-21-1993) Penalty, see § 150.999 

Building Codes 

§ 150.004 INVESTIGATIVE AUTHORITY AND CORRECTIVE ACTION OF BUILDING 
OFFICIAL AND INSPECTOR. 

In addition to any other authority and power granted to the Building Official or delegated inspector 
under the specialty codes adopted by this subchapter, except where inconsistent with other provisions 
of the law, the Building Official or delegated inspector may enforce the provision of the specialty codes 
against any person regardless of whether a permit, certificate, license or other indicia of authority has 
been issued. The Building Official or delegated inspector may investigate, order corrective action and 
if an immediate hazard to health and safety is imminent, issue an order to stop all or any work under the 
applicable specialty code. 
(1993 Code, Comp. No. 7-4) (Ord. 486, passed 6-21-1993) Penalty, see § 150.999 

§ 150.005 EFFECTIVE DATE. 

This subchapter shall become effective on July 1, 1993. 
(1993 Code, Comp. No. 7-4) (Ord. 486, passed 6-21-1993) 

EXCAVATIONS 

§ 150.020 DEFINITIONS. 

For the purpose of this subchapter, the following definitions shall apply unless the context clearly 
indicates or requires a different meaning. When not inconsistent with the context, words used in the 
present tense include future, words in the plural number include the singular number, and words in the 
singular number include the plural number. The word “shall” is always mandatory and not merely 
directory. 

EXCAVATION. Any opening in the surface of a public place made in any manner whatsoever, 
except an opening into a lawful structure below the surface of a public place, the top of which is flush 
with the adjoining surface and so constructed as to permit frequent openings without injury or damage 
to the public place. 

FACILITY. Pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, 
valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer or any other 
material, structure or object of any kind or character, whether enumerated herein or not, which is or may 
be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any public 
place. 

PERSON. Any person, firm, partnership, association, corporation, company or organization or any 
kind. 


Winston -Land Usage 

PUBLIC PLACE. Any public street, way, place, alley, sidewalk, park, square, plaza or any other 
similar public property owned or controlled by the city and dedicated to public use. 

SUBSTRUCTURE. Any pipe, conduit, duct, tunnel, manhole, vault, buried cable or wire, or any 
other similar structure located below the surface of any public place. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 

§ 150.021 EXCAVATION PERMIT. 

(A) No person shall make any excavation or fill any excavation in any public place without first 
obtaining a permit so to do from the city, except as otherwise provided in this subchapter. No permit to 
make an excavation or fill an excavation in a public place shall be issued except as provided in this 
subchapter. 
(B) The city may issue an annual blanket permit for the purpose of placing, replacing or repairing 
any facility within a public place where the opening or excavation does not exceed two feet in width and 
four feet in length and other miscellaneous excavations approved by the city to the following: 
(1) A public utility regulated by the Public Utilities Commissioner of this state; 
(2) A person holding a franchise from the city; and 
(3) The Public Works Department of the city. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) Penalty, see § 150.999 
§ 150.022 APPLICATION. 

(A) No excavation permit shall be issued unless a written application on a form provided by the city 
for the issuance of an excavation permit is submitted to the city. The written application shall state the 
name and address and principal place of business of the applicant, the name of the person performing 
the excavation work, the authority of the applicant to occupy the public place for which the permit is 
sought, the location and dimensions of the installation or removal and the approximate size of the 
excavation to be made, the purpose of the facility and the approximate time which will be required to 
complete the work. 
(B) In this regard, the city may require full and complete and detailed maps, plans and drawings 
of the work and shall have a reasonable time to submit the drawings and plans to the City Engineer for 
study. The city reserves the right to require the applicant to change or alter its plans or specifications 
or work contemplated to meet the requirements and requests of its Engineering Department. The city 
may make rules and regulations designating and specifying certain areas or portions of the street which 
may or shall be used by the various utilities in the installation of their facilities underground, and the 

Building Codes 

underground installations shall be at depths and installed in a manner as the city may deem necessary or 
expedient to protect the interests, safety and welfare of the city and the people of the city. 

(C) The city may specify the time the applicant shall have to do the work on the city streets, and 
extensions of time over and above that originally granted may be given by the city for good and sufficient 
reasons. All maps and plans shall be drawn to scale unless otherwise agreed to by the city. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 
§ 150.023 EXCAVATION PERMIT FEES. 

Except where the fees are covered by franchise payments paid by a utility to the city, a fee of $20 
shall be paid to the city for each excavation permit; provided, that in lieu of individual permit fees, a 
utility may pay the city a blanket fee of $100 annually, payable on or before January 31 of each calendar 
year. Upon the payment of the blanket fee, excavation permits shall be issued from time to time during 
the ensuing calendar year upon application by or on behalf of the utility without further charge. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971; Ord. 284, passed 7-7-1980) 

§ 150.024 SURETY BOND. 

(A) Before any excavation permit is granted, the applicant will have to sign an agreement with the 
city whereby it covenants and agrees to save and hold harmless the city from any claims or judgments 
or costs arising out of any excavation or other work covered by the excavation permit, and shall, if 
requested, file with the city a copy of an insurance liability and property damage policy in an amount 
as the city may require, and to request that the policy contain a covenant by the carrier holding the city 
harmless from any and all claims against the applicant and/or the city by reason of the applicant’s work 
in or on the city streets under its permit as granted. 
(B) Except where required of a utility by the terms of a franchise granted by the city, the city may, 
in its discretion, require a surety bond in an amount determined by the city that the applicant will 
perform the work covered by the permit in accordance with the plans and specifications filed, will 
replace excavation and repair the city streets on completion of the work, and hold the city harmless from 
any and all claims against the applicant and/or the city by reason of the applicant’s work in or on the city 
streets as covered by the permit. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 
§ 150.025 PROTECTIVE MEASURES AND ROUTING OF TRAFFIC. 

(A) It shall be the duty of every person cutting or making an excavation in or upon any public place 
to place and maintain barriers and warning devices necessary for the safety of the general public. 

Winston -Land Usage 

(B) Barriers, warning signs, lights and the like shall conform to the requirements of the city. 
Warning lights shall be flares, torches, lanterns, electrical markers or flashers used to indicate a hazard 
to traffic from sunset of each day to sunrise of the next day. Torches shall be open wick or flame flares 
or bombs generally used in connection with roadway repairs or construction and operating on kerosene 
or similar fluid. 
(C) Lanterns shall burn kerosene or a similar fluid, and shall have clear red or ruby globes. 
Electrical markers or flashers shall emit light sufficient intensity and frequency to be visible at a 
reasonable distance for safety. Reflectors or reflecting material may be used to supplement but not 
replace light sources. The city may restrict the use of lanterns or open flame devices in fire hazard areas. 
(D) The permittee shall take appropriate measures to assure that, during the performance of the 
excavation work, traffic conditions as near normal as possible shall be maintained at all times so as to 
minimize inconvenience to the occupants of the adjoining property and to the general public. 
(E) When traffic conditions permit, the city may, by written approval, permit the closing of streets 
and alleys to all traffic for a period of time prescribed by the permittee if, in his or her opinion, it is 
necessary. The written approval of the city may require that the permittee give notification to various 
public agencies and to the general public. In these cases, the written approval shall not be valid until the 
notice is given. 
(F) Warning signs shall be placed far enough in advance of the construction operation to alert traffic 
within a public street, and cones or other approved devices shall be placed to channel traffic, in 
accordance with the instructions of the city. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 
§ 150.026 CLEARANCE FOR VITAL STRUCTURES. 

The excavation work shall be performed and conducted so as not to interfere with access to fire 
hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures and all 
other vital equipment as designated by the city. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 

§ 150.027 PROTECTION OF TRAFFIC. 

The permittee shall maintain safe crossings for two lanes of vehicle traffic at all street intersections 
where possible, and safe crossings for pedestrians at intervals of not more than 300 feet. If any 
excavation is made across any public street, alley or sidewalk, adequate crossings shall be maintained 
for vehicles and for pedestrians. If the street is not wide enough to hold the excavated material without 
using part of the adjacent sidewalk, a passageway at least one-half of the sidewalk width shall be 
maintained along the sidewalk line. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 


Building Codes 

§ 150.028 RELOCATION AND PROTECTION OF UTILITIES. 

The permittee shall not interfere with any existing facility without the written consent of the city and 
the owner of the facility. If it becomes necessary to relocate an existing facility, this shall be done by 
its owner. No facility owned by the city shall be moved to accommodate the permittee unless the cost 
of the work be borne by the permittee. The cost of moving privately owned facilities shall be similarly 
borne by the permittee unless it makes other arrangements with the person owning the facility. The 
permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires or other 
apparatus which may be in any way affected by the excavation work, and do everything necessary to 
support, sustain and protect them under, over, along or across the work. The permittee shall secure 
approval of method of support and protection from the owners of the facility. In case any of the pipes, 
conduits, poles, wires or apparatus should be damaged, and for this purpose pipe coating or other 
encasement or devices are to be considered as a part of a substructure, the permittee shall promptly 
notify the owner thereof. All damaged facilities shall be repaired by the agency or person owning them, 
and the expense of the repairs shall be charged to the permittee. It is the intent of this section that 
permittee shall assume all liability for damage to facilities and any resulting damage or injury to anyone 
because of the facility damage, and this assumption of liability is a contractual obligation of the 
permittee. The only exception will be instances where damage is exclusively due to the negligence of 
the owning facility. The permittee shall inform itself as to the existence and location of all underground 
facilities and protect the same against damage. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 

§ 150.029 ABANDONMENT OF SUBSTRUCTURES. 

Whenever the use of a substructure is abandoned, except the abandonment of service lines designed 
to serve single properties, the person owning, using, controlling or having an interest therein shall, 
within 30 days after the abandonment, file with the city a statement in writing, giving in detail the 
location of the substructure so abandoned. If the abandoned substructure is in the way or subsequently 
becomes in the way of an installation of the city or any other utility, which installation is pursuant to an 
authorized function, the owner shall remove the abandoned substructure or pay the cost of its removal 
during the course of excavation for the construction of the facility by the city or any utility. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 

§ 150.030 PROTECTION OF ADJOINING PROPERTY. 

(A) The permittee shall at all times and at his, her or its own expense preserve and protect from 
injury any adjoining property by providing proper foundations and taking other measures suitable for 
that purpose. Where, in the protection of the property, it is necessary to enter upon private property for 
the purpose of taking appropriate protecting measures, the permittee shall obtain a license from the 
owner of the private property for that purpose. The permittee shall, at its own expense, shore up and 
protect all buildings, walls, fences or other property likely to be damaged during the progress of the 

Winston -Land Usage 

excavation work, and shall be responsible for all damage to public or private property or highways 
resulting from its failure properly to protect and carry out the work. 

(B) Whenever it may be necessary for the permittee to trench through any lawn area, the area shall 
be reseeded or the sod shall be carefully cut and rolled and replaced after ditches have been backfilled 
as required in this subchapter. All construction and maintenance work shall be done in a manner 
calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that 
which existed before the work began. The permittee shall not remove, even temporarily, any trees or 
shrubs which exist in parking strip areas without first obtaining the consent of the city and property 
owner. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 
§ 150.031 CARE OF EXCAVATED MATERIAL. 

(A) All material excavated from trenches and piled adjacent to the excavated area shall be done in 
a manner as to not endanger those working in the excavated area or pedestrians and people using the 
streets of the city and further, so as to create as little inconvenience as possible to the city and the people 
of the city in the use of its streets and public property. All excess excavated material not used in 
backfilling shall be forthwith removed from the streets or public areas of the city and properly disposed 
of by the applicants. 
(B) All work done by the applicant on the streets or public properties of the city shall be done in 
conformance and compliance with the laws, rules and regulations, and safety codes of this state, and 
particularly any and all rules and regulations as adopted and propounded by the Worker’s Compensation 
Board. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 
§ 150.032 CLEANUP. 

As the excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess 
earth, rock and other debris resulting from that work. All cleanup operations at the location of the 
excavation shall be accomplished at the expense of the permittee and shall be completed to the 
satisfaction of the city. From time to time, as may be ordered by the city, and in any event immediately 
after completion of the work, the permittee shall, at his, her or its own expense, clean up and remove 
all refuse and unused materials of any kind resulting from the work, and upon failure to do so within 24 
hours after having been notified to do so by the city, the work may be done by the city and the cost 
thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the 
surety bond provided hereunder. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 


Building Codes 

§ 150.033 PROTECTION OF WATERCOURSES. 

(A) The permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent 
curb and for at least one foot in width from the face of the curb at the gutterline. Whenever a gutter 
crosses an intersection street, an adequate waterway shall be provided and at all times maintained. 
(B) The permittee shall make provisions to take care of all surplus water, muck, silt, slickings or 
other runoff pumped from excavations or resulting from sluicing or other operations and shall be 
responsible for any damage resulting from its failure to so provide. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 
§ 150.034 BREAKING THROUGH PAVEMENT. 

(A) Heavy duty pavement breakers may be prohibited by the city when the use endangers existing 
substructures or other property. 
(B) Saw cutting of portland cement concrete may be required by the city when the nature of the 
work or the condition of the street warrants. When required, the depth of the cut shall not be less than 
one inch in depth; however, depths greater than one inch may be required by the city when 
circumstances warrant. Saw cutting may be required by the city outside of the limits of the excavation 
over cave-outs, over breaks and small floating sections. 
(C) Approved cutting of bituminous pavement surface ahead of excavations may be required by the 
city to confine pavement damage to the limits of the trench. 
(D) Sections of sidewalks shall be removed to the nearest score line or joint. 
(E) Unstable pavement shall be removed over cave-outs and over breaks, and the subgrade shall be 
treated as the main trench. 
(F) Cutouts outside of the trench lines must be normal or parallel to the trench line. 
(G) Permittee shall not be required to repair pavement damage existing prior to excavation unless 
his or her cut results in small floating sections that may be unstable, in which case permittee shall 
remove and pave the area. 
(H) Boring or other methods to prevent cutting of pavement will be given top priority and may be 
required by the city. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971; Ord. 284, passed 7-7-1980) 

Winston -Land Usage 

§ 150.035 DEPTH OF STRUCTURES. 

(A) No person shall, without written permission of the city, install any substructure, except 
manholes, vaults, valve casings, culverts and catch basins at a vertical distance as determined by the city 
within the following limitations. 
(1) Streets. 
(a) Not to exceed 36 inches below the established flow line of the nearest gutter. 
(b) If the flow line is not established, then the depth shall not exceed 60 inches below the 
surface of the nearest outermost edge of the traveled portion of the street; provided, however, that the 
city may impose any additional installation requirements as may be found reasonable in the interest of 
the public. 
(2) Parkway. 
(a) The minimum depth of any substructure shall be 36 inches below established gutter 
grade when the substructure parallels the parkway. 
(b) The minimum depth of any substructure shall be 24 inches below the top of the 
established sidewalk or curb when the substructure is at right angles to the parkway. 
(3) Other public places. The minimum depth of any substructure in any other public place 
shall be 36 inches below the surface. 
(B) Notwithstanding any of the provisions of divisions (A)(1), (2) and (3) above set forth, the city 
may require a greater depth or allow installations at a lesser depth when in its judgment the public 
interests so require. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) Penalty, see § 150.999 
§ 150.036 BACKFILLING. 

Immediately after the facility authorized by the permit has been placed in the trench and inspected, 
the trench shall be backfilled as follows, unless otherwise specified by the permit. 

(A) “Class A” bedding shall be provided to a minimum depth of six inches below any pipe carrying 
gas or liquid and six inches above the pipe. The bedding shall consist of granular material free of lumps, 
clods, stones and frozen materials, and shall be graded to a firm but yielding surface without abrupt 
change in bearing value. Unstable soils and rock ledges shall be subexcavated from the bedding zone and 
replaced by suitable material. The bottom of the trench shall be prepared to provide the pipe with 
uniform bedding throughout the length of the installation. 

Building Codes 

(B) Backfill shall be placed in two stages: first, sidefill to the level of the top of the pipe, and 
second, overfill to the bottom of the foundation material described below. 
(1) Sidefill shall consist of granular material laid in six-inch layers, each consolidated by 
mechanical tamping and controlled addition of moisture, to a density of 95% as determined by AASHTO 
Method T-99. 
(2) Overfill shall be layered and consolidated to match the entrenched material in cohesion and 
compaction. The use of granular material for overfill may be required if specified by the permit or 
requested by the city. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971; Ord. 284, passed 7-7-1980) 
§ 150.037 RESTORATION OF SURFACE. 

(A) Permanent resurfacing of excavations shall be made by the permittee and shall be commenced 
immediately after inspection by the city and authorization to complete the resurfacing is issued. The work 
shall be pursued diligently on a continuous full-time basis until completion. 
(B) If weather or other conditions preclude permanent resurfacing immediately, the city may, under 
any conditions as are reasonable, require the permittee to cover the top surface of the backfill with one 
inch of bituminous temporary resurfacing material (cold mix). All temporary paving material shall 
conform closely to the level of adjoining surfacing and shall be compacted and smooth so as to permit 
normal use of the street. The permittee shall maintain the temporary surfacing until permanent 
resurfacing is installed. 
(C) Permanent resurfacing shall consist of not less than 12 inches crushed rock. 
(D) For a period of one year following the patching of any paved surface, the applicant shall be 
responsible for the condition of the pavement patches, and during that time shall, upon request from the 
city, repair to the city’s satisfaction and to ensure that the patched area matches the adjacent area to 
provide a continuous smooth surface. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971; Ord. 284, passed 7-7-1980) 
§ 150.038 TRENCHES IN PIPE LAYING. 

The maximum length of open trench permissible at any time shall be that which is specified by the 
city when permission for the excavation is given; and under no circumstances may an open ditch extend 
at any time beyond 200 feet, unless consented to by the City Council of this city. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 


Winston -Land Usage 

§ 150.039 PROMPT COMPLETION OF WORK. 

After an excavation is commenced, the permittee shall prosecute with diligence and expedition all 
excavation work covered by the excavation permit, and shall promptly complete the work and restore 
the street to its original condition, or as near as may be, so as not to obstruct the public place or travel 
thereon more than is reasonably necessary. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 

§ 150.040 URGENT WORK. 

When traffic conditions, the safety or convenience of the traveling public, or the public interest 
require that the excavation work be performed as emergency work, the city shall have full power to 
order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the 
permittee 24 hours a day, to the end that the excavation work may be completed as soon as possible. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 

§ 150.041 EMERGENCY ACTION. 

Nothing in this subchapter shall be construed to prevent the making of excavations as may be 
necessary for the preservation of life or property, or for the location of trouble in conduit or pipe, or for 
making repairs; provided, that the person making the excavation shall apply to the city for that permit 
on the first working day after the work is commenced. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 

§ 150.042 NOISE, DUST AND DEBRIS. 

Each permittee shall conduct and carry out excavation work in a manner as to avoid unnecessary 
inconvenience and annoyance to the general public and occupants of neighboring property. The permittee 
shall take appropriate measures to reduce to the fullest extent practicable, in the performance of the 
excavation work, noise, dust and unsightly debris and between the hours of 10:00 p.m. and 7:00 a.m., 
shall not use, except with the express written permission of the city, or in case of an emergency as herein 
otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the 
sleep of occupants of the neighboring property. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 

§ 150.043 PRESERVATION OF MONUMENTS. 

Any monument set for the purpose of locating or preserving the lines of any street or property 
subdivision, a precise survey reference point or a permanent survey benchmark within the city shall not 
be removed or disturbed or caused to be removed or disturbed without first obtaining permission in 
writing from the city so to do. Permission to remove or disturb monuments, reference points or 


Building Codes 

benchmarks shall only be granted upon condition that the person applying for this permission shall pay 
all expenses incident to the proper replacement of this monument by the city. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 

§ 150.044 INSPECTIONS. 

The city shall make inspections as are reasonably necessary in the enforcement of this subchapter, 
and the permittee shall pay the costs of the inspection on all projects where the cutting of the city streets 
or the excavation shall be 25 feet or more in length. The costs to be charged for inspection shall be fixed 
from time to time by the City Council, which shall adopt a written fee schedule therefor. The city shall 
have the authority to promulgate and cause to be enforced rules and regulations as may be reasonably 
necessary to enforce and carry out the intent of this subchapter. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971; Ord. 284, passed 7-7-1980) 

§ 150.045 MAINTENANCE OF DRAWINGS. 

Every person owning, using, controlling or having an interest in substructures under the surface of 
any public place used for the purpose of supplying or conveying gas, electricity, communication impulse, 
water, steam, ammonia or oil in the city shall file with the city, within 120 days after the adoption of this 
subchapter, a map or set of maps or any other plans or sketches as may be reasonably required by the 
city to establish and show in reasonable detail the location, size and kind of installation, if known, of all 
substructures of the utility except service lines for individual properties. From time to time, as 
reasonably required by the city, these plans, maps or sketches shall be corrected and brought up to date 
to include any and all installations made subsequent to the last map held by the city, to the end that the 
city may have reasonably accurate and pertinent information regarding the location of all underground 
utilities within its corporate boundaries or over which it may have jurisdiction. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 

§ 150.046 LIABILITY OF CITY. 

This subchapter shall not be construed as imposing upon the city or any official or employee any 
liability or responsibility for damages to any person injured by the performance of any excavation work 
for which an excavation permit is issued hereunder, nor shall the city or any official or employee thereof 
be deemed to have assumed the liability by reason of inspections authorized under the issuance of any 
permit or the approval of any excavation work. 
(1993 Code, Comp. No. 7-1) (Ord. 122, passed 8-16-1971) 


Winston -Land Usage 

RESIDENTIAL MAINTENANCE CODE 

§ 150.060 SHORT TITLE. 

This subchapter shall be known as the city’s Residential and Safety Maintenance Code, may be cited 
as such and will be referred to herein as “this code.” 
(1993 Code, Comp. No. 7-2) (Ord. 134, passed 1-18-1971) 

§ 150.061 PURPOSE. 

The purpose of this code is to provide minimum requirements for the protection of life, limb, health, 
property, safety and welfare of the general public and the owners and occupants of residential buildings. 
(1993 Code, Comp. No. 7-2) (Ord. 134, passed 1-18-1971) 

§ 150.062 APPLICABILITY. 

(A) The provisions of this code shall apply to all buildings or portions thereof used or designed or 
intended to be used for human habitation. These occupancies in existing buildings may be continued as 
provided in the State Building Code, except those structures as are found to be substandard as defined 
in this code. 
(B) Where any building or portion thereof is used or intended to be used as a combination apartment 
house-hotel, the provisions of this code shall apply to separate portions as if they were separate 
buildings. 
(1993 Code, Comp. No. 7-2) (Ord. 134, passed 1-18-1971; Ord. 200, passed 11-11-1975) 
§ 150.063 ENFORCEMENT. 

(A) Authority. The Building Inspector, under direction of the City Manager, is hereby authorized 
to administer and enforce all the provisions of this code. 
(B) Right of entry. Upon presentation of proper credentials, the Building Inspector or his or her 
duly authorized representatives may enter at reasonable times any duty imposed upon him or her by this 
code; provided, however, in the event the entry is not voluntarily permitted by the owner or person 
occupying the building, structure or premises, the Building Inspector must first obtain an order from a 
court or competent jurisdiction allowing the entry. 
(1993 Code, Comp. No. 7-2) (Ord. 134, passed 1-18-1971; Ord. 651, passed 12-20-2010) 

Building Codes 

§ 150.064 ABATEMENT OF NUISANCE. 

All buildings or portions thereof which are determined to be substandard, as defined in this code, 
are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or 
removal in accordance with the procedure specified in this code. 
(1993 Code, Comp. No. 7-2) (Ord. 134, passed 1-18-1971) Penalty, see § 150.999 

§ 150.065 PROHIBITED ACTION. 

It shall be unlawful for any person, firm or corporation to use, occupy or maintain any building or 
structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the 
provisions of this code. 
(1993 Code, Comp. No. 7-2) (Ord. 134, passed 1-18-1971; Ord. 200, passed 11-11-1975) Penalty, see 
§ 150.999 

§ 150.066 BUILDING PERMIT. 

No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, 
convert or demolish any building or structure, or cause or permit the same to be done, without first 
obtaining a separate building permit for each building or structure from the Building Inspector in the 
manner and according to the application conditions prescribed in the State Building Code. 
(1993 Code, Comp. No. 7-2) (Ord. 134, passed 1-18-1971) Penalty, see § 150.999 

§ 150.067 BUILDING PERMIT FEES. 

Whenever a building permit is required by § 150.066, the appropriate fees shall be paid to this city 
as set forth in the State Building Code. 
(1993 Code, Comp. No. 7-2) (Ord. 134, passed 1-18-1971) 

§ 150.068 DEFINITIONS. 

For the purpose of this code, certain abbreviations, terms, phrases, words and their derivatives shall 
be construed as specified in this code. Words used in the singular include the plural and the plural the 
singular. Words used in the masculine gender include the feminine and the feminine the masculine. 
Terms, words, phrases and their derivatives used but not specifically defined in this code shall have the 
meaning as defined in the State Building Code. 

APARTMENT. A dwelling unit as defined in this code. 


Winston -Land Usage 

APARTMENT HOUSE. Any building or portion thereof which is designed, built, rented, leased, 
let or hired out to be occupied, or which is occupied as the home or residence of three or more families 
living independently of each other in dwelling units as defined in this code. 

BASEMENT. The portion of a building between floor and ceiling which is partly below and partly 
above grade (as defined in this code), but so located that the vertical distance from grade to the floor 
below is less than the vertical distance from grade to ceiling. 

BOARDING HOUSE. A lodging house where meals are provided. 

BUILDING. Any structure or portion thereof which is used or designed or intended to be used for 
human habitation, for living, sleeping, cooking or eating purposes, or any combination thereof. 

BUILDING, EXISTING. A building erected prior to the adoption of this code, or one for which 
a legal building permit has been issued. 

BUILDING INSPECTOR. The officer charged with the administration and enforcement of this 
code, or his or her regularly authorized deputy. 

CEILING HEIGHT. The clear vertical distance between the finished floor and the finished ceiling. 

CELLAR. The portion of a building between floor and ceiling which is wholly or partly below 
grade (as defined in this code) and is so located that the vertical distance from grade to floor below is 
equal to or greater than the vertical distance from grade to ceiling. 

COURT. An open, unoccupied space bounded on two or more sides by the walls or a building. An 
INNER COURT is one entirely within the exterior walls of a building. All others are OUTER COURTS. 

DORMITORY. A room occupied by more than two guests. 

DWELLING. Any building or portion thereof, which is not an apartment house, a lodging house, 
or a hotel as defined in this code, which contains one or two dwelling units or guest rooms used, 
intended or designed to be built, used, rented, leased, let or hired out to be occupied, or which are 
occupied for living purposes. 

DWELLING UNIT. A suite of two or more habitable rooms which are occupied or which are 
intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating. 

EXIT. A continuous and unobstructed means of egress to a public way, and shall include 
intervening doorways, corridors, ramps, stairways, smoke-proof enclosures, horizontal exits, exterior 
courts and yards. 

FAMILY. [. . .] two or more persons related by blood or marriage. 


Building Codes 

GRADE (GROUND LEVEL). The average of the finished GROUND LEVEL at the center of all 
walls of a building; in case walls are parallel to and within five feet of a sidewalk, the above-ground 
level shall be measured at the sidewalk. 

GUEST. Any person hiring or occupying a room for living or sleeping purposes. 

GUEST ROOM. Any room or rooms used or intended for use by a guest for sleeping purposes. 
Every 100 square feet of superficial floor area in a dormitory is a GUEST ROOM. 

HABITABLE ROOM. Any room meeting the requirements of this code for sleeping, living, 
cooking or eating purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, 
service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility 
rooms and similar spaces. 

HOTEL. Any building containing six or more guest rooms intended or designed to be used, or 
which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by 
guests, whether rent is paid in money, goods, labor or otherwise. It does not include any jail, hospital, 
asylum, sanitarium, orphanage, prison, detention home or other institution in which human beings are 
housed and detained under legal restraint. 

INTERIOR LOT. A lot other than a corner lot. 

KITCHEN. A room used or designed to be used for the preparation of food. 

LODGING HOUSE. Any building or portion thereof containing not more than five guest rooms 
which are used by not more than five guests, where rent is paid in money, goods, labor or otherwise. 
A LODGING HOUSE shall comply with all the requirements of this code for dwellings. 

NUISANCE. The following shall be defined as NUISANCES: 

(1) Any public nuisance known at common law or in equity jurisdiction; 
(2) Any attractive nuisance which may prove detrimental to children, whether in a building, 
on the premises of a building or upon an unoccupied lot. This includes any abandoned wells, shafts, 
basements or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences 
or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive 
minors; 
(3) Whatever is dangerous to human life or is detrimental to health; 
(4) Overcrowding a room with occupants; 
(5) Insufficient ventilation or illumination; 
(6) Inadequate or unsanitary sewerage of plumbing facilities; or 

Winston -Land Usage 

(7) Uncleanliness. 
OCCUPIED SPACE. The total area of all buildings or structures on any lot or parcel of ground 
projected on a horizontal plane, excluding permitted projections as allowed by this code. 

SERVICE ROOM. Any room used for storage, bath or utility purposes and not included in the 
definition of habitable rooms. 

STATE BUILDING CODE. The specialty codes pertaining to building adopted by the Director 
of the State Department of Commerce, and the Fire and Life Safety Code adopted by the State Fire 
Marshal, as these codes are now or hereafter constituted. 

STORY. The portion of a building included between the upper surface of any floor and the upper 
surface of the floor next above, except that the uppermost STORY shall be the portion of a building 
included between the upper surface of the topmost floor and the ceiling or roof above. If the finished 
floor level directly above a basement or cellar is more than six feet above grade, the basement or cellar 
shall be considered a STORY. 

SUPERFICIAL FLOOR AREA. The net floor area within the enclosing walls of the room in which 
the ceiling height is not less than five feet, excluding built-in equipment such as wardrobes, cabinets, 
kitchen units or fixtures. 

USED. USED or designed to be USED. 

VENT SHAFT. A court used only to ventilate or light a water closet, bath, toilet or utility room 
or other service room. 

WINDOW. A glazed opening, including glass doors, which open upon a yard, court or recess from 
a court, or a vent shaft open and unobstructed to the sky. 

YARD. An open, unoccupied space, other than a court, unobstructed from the ground to the sky, 
except where specifically provided by this code, on the lot on which a building is situated. 
(1993 Code, Comp. No. 7-2) (Ord. 134, passed 1-18-1971) 

§ 150.069 LOCATION OF BUILDINGS; ACCESS. 

(A) All buildings shall be located with respect to property lines and to other buildings on the same 
property as required by the State Building Code or city zoning ordinance. 
(B) Each dwelling unit and guest room in a dwelling or lodging house shall have access to a 
passageway, not less than three feet in width, leading to a public street or alley. Each apartment house 
or hotel shall have access to a public street by means of a passageway not less than five feet in width. 
(1993 Code, Comp. No. 7-2) (Ord. 134, passed 1-18-1971) 

Building Codes 

§ 150.070 SANITATION AND HEALTH. 

All buildings shall meet the requirements of the State Building Code. 
(1993 Code, Comp. No. 7-2) (Ord. 134, passed 1-18-1971) 

§ 150.071 GENERAL SPECIFICATIONS. 

(A) General. Buildings or structures may be of any type of construction permitted by the State 
Building Code. 
(1) Roofs, floors, walls, foundations and all other structural components shall be capable of 
resisting any and all forces and loads to which they may be subjected. 
(2) All structural elements shall be proportioned and joined in accordance with the stress 
limitations and design criteria as specified in appropriate sections of the State Building Code. 
(3) Buildings of every permitted type of construction shall comply with the applicable 
requirements of the State Building Code. 
(B) Shelter. Every dwelling shall be weather-proofed so as to provide shelter for the occupants 
against the elements and to exclude dampness. 
(1993 Code, Comp. No. 7-2) (Ord. 134, passed 1-18-1971) 
§ 150.072 HEATING, ELECTRICAL AND VENTILATION EQUIPMENT. 

(A) Heating. Every dwelling unit and guest room shall be provided with heating facilities capable 
of maintaining a room temperature of 70ºF at a point three feet above the floor in all habitable rooms. 
The facilities shall be installed and maintained in a safe condition and in accordance with the State 
Building Code. No unvented or open flame gas heater shall be permitted. All heating devices or 
appliances shall be of a type complying with nationally recognized standards as determined by an 
approved testing agency. 
(B) Electrical equipment. Wiring and appliances shall be installed and maintained in a safe manner 
in accordance with all applicable laws. All electrical equipment shall be of an approved type. Where 
there is electrical power available within 300 feet of the premises of any building, the building shall be 
connected to the power. Every habitable room shall contain at least two supplied electrical outlets or one 
outlet and one supplied light fixture. Every water closet compartment, bathroom, laundry room, furnace 
room and public hallway shall contain at least one supplied electrical light fixture. 
(C) Ventilation. For all rooms ventilation shall be required as provided in the State Building Code. 
(1993 Code, Comp. No. 7-2) (Ord. 134, passed 1-18-1971) 

Winston -Land Usage 

§ 150.073 OUTSIDE EXITS. 

Every dwelling unit or guest room shall have access directly to the outside or to a public corridor. 
All one-story buildings or portions thereof shall be provided with at least one exit. All buildings with 
two or more stories shall have two exits, which shall be remote from each other. 
(1993 Code, Comp. No. 7-2) (Ord. 134, passed 1-18-1971) 

§ 150.074 FIRE-RESISTIVE CONSTRUCTION. 

All buildings or portions thereof shall be provided with the degree of fire-resistive construction as 
required by the State Building Code. 
(1993 Code, Comp. No. 7-2) (Ord. 134, passed 1-18-1971) 

§ 150.075 SUBSTANDARD BUILDINGS. 

Any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the 
premises on which the same is located, in which there exists any of the following listed conditions to an 
extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants 
thereof shall be deemed and hereby is declared to be a substandard building: 

(A) Inadequate sanitation. Inadequate sanitation, which shall include but not be limited to the 
following: 
(1) Lack of or improper water closet, lavatory, bath tub or shower in a dwelling unit; 
(2) Lack of or improper water closets, lavatories and bath tubs or showers per number of guests 
in a hotel; 
(3) Lack of or improper kitchen sink; 
(4) Lack of hot and cold running water to plumbing fixtures in a hotel or dwelling unit; 
(5) Lack of adequate heating facilities; 
(6) Lack of or improper operation of required ventilating equipment; 
(7) Lack of minimum amounts of natural light and ventilation required by this code; 
(8) Room and space dimensions less than required by this code; 
(9) Lack of required electrical lighting; 
(10) Dampness of habitable rooms; 

Building Codes 

(11) Infestation of insects, vermin or rodents; 
(12) General dilapidation or improper maintenance; 
(13) Lack of connection to required sewage disposal system; and 
(14) Lack of removal of garbage and rubbish. 
(B) Structural hazards. Structural hazards, which shall include but not be limited to the following: 
(1) Deteriorated or inadequate foundations; 
(2) Defective or deteriorated flooring or floor supports; 
(3) Flooring or floor supports of insufficient size to carry imposed loads with safety; 
(4) Members of walls, partitions or other vertical supports that split, lean, list or buckle due 
to defective material or deterioration; 
(5) Members of walls, partitions or other vertical supports that are of insufficient size to carry 
imposed loads with safety; 
(6) Members of ceilings, roof, ceiling and roof supports, or other horizontal members that are 
of insufficient size which sag, split or buckle due to defective material or deterioration; 
(7) Members of ceilings, roof, ceiling and roof supports, or other horizontal members that are 
of insufficient size to carry imposed loads with safety; 
(8) Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration; 
and 
(9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads 
with safety. 
(C) Nuisance. Any nuisance defined in this code; 
(D) Hazardous wiring. All wiring except that which conformed with all applicable laws in effect 
at the time of installation and which has been maintained in good condition and is being used in a safe 
manner; 
(E) Hazardous plumbing. All plumbing except that which conformed with all applicable laws in 
effect at the time of installation and which has been maintained in good condition and which is free of 
cross-connections and siphonage between fixtures; 

Winston -Land Usage 

(F) Hazardous mechanical equipment. All equipment, including vents, except that which 
conformed with all applicable laws in effect at the time of installation and which has been maintained 
in good and safe condition; 
(G) Faulty weather protection. Faulty weather protection, which shall include but not be limited 
to the following: 
(1) Deteriorating, crumbling or loose plaster; 
(2) Deteriorating or ineffective waterproofing or exterior walls, roof, foundations or floors, 
including broken windows or doors; 
(3) Defective or lack of weather protection for exterior wall coverings, including lack of paint 
or weathering due to lack of paint or other approved protective covering; and 
(4) Broken, rotten, split or buckled exterior wall covering or roof coverings. 
(H) Fire hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste 
or vegetation which, in the opinion of the Chief of the Fire Department or his or her deputy, is in a 
condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of 
fire or explosion arising from any cause; 
(I) Faulty material of construction. All materials of construction except those which are 
specifically allowed or approved by this code and the State Building Code, and which have been 
adequately maintained in good and safe condition; 
(J) Inadequate maintenance. 
(1) General. 
(a) All buildings or structures which are construed to be structurally unsafe, not provided 
with adequate egress, which constitute a fire hazard or are otherwise dangerous to human life, or which 
in relation to existing use constitute a hazard to safety or health or public welfare by reason of inadequate 
maintenance, dilapidation, obsolescence or abandonment, as specified in this code or any other effective 
ordinance are, for the purpose of this section, UNSAFE BUILDINGS. 
(b) All unsafe buildings are hereby declared to be a public nuisance and shall be abated 
by repair, rehabilitation, demolition or removal in accordance with the procedure specified in divisions 
(J)(2), (3), (4) and (5) of this section. 
(2) Notice to owner. The Building Inspector shall examine or cause to be examined every 
building or structure or portion thereof reported as dangerous or damaged; and if it is found to be an 
unsafe building as defined in this section, the Building Inspector shall give to the owner and person or 
persons in possession of the building or structure written notice stating the defects thereof. This notice 
may require the owner or person in charge of the building or premises, within 48 hours, to commence 

Building Codes 

either the required repairs or improvements or demolition and removal of the building or structure or 
portions thereof; and all the work shall be completed within 90 days from date of notice, unless 
otherwise stipulated by the Building Inspector. 

(a) If necessary, the notice shall also require the building, structure or portion thereof to 
be vacated forthwith and not reoccupied until the required repairs and improvements are completed, 
inspected and approved by the Building Inspector. 
(b) Proper service of the notice shall be by personal service upon the owner of record, if 
he or she shall be found within the city limits. If he or she is not found within the city, the service may 
be made upon the owner by certified mail; provided, that if the notice is by certified mail, the designated 
period within which owner or person in charge is required to comply with the order by the Building 
Official shall begin as of the date he or she receives the notice. 
(3) Posting of signs. The Building Inspector shall cause to be posted at each entrance to the 
building a notice to read: “Do not enter. Unsafe to occupy. City of Winston.” The notice shall remain 
posted until the required repairs, demolition or removal are completed. The notice shall not be removed 
without written permission of the Building Inspector, and no person shall enter the building except for 
the purpose of making the required repairs or of demolishing the building. 
(4) Right to demolish. In case the owner shall fail, neglect or refuse to comply with the notice 
to repair, rehabilitate or to demolish and remove the building or structure or portion thereof, the City 
Council may order the owner of the building prosecuted as a violator of the provisions of this code, and 
may order the Building Inspector to proceed with the work specified in the notice. A statement of the 
cost of the work shall be transmitted to the City Council, who shall cause the same to be paid and levied 
as a special assessment against the property. 
(5) Costs. Costs incurred under division (J)(4) above shall be paid out of the City Treasury. 
The costs shall be charged to the owner of the premises involved as a special assessment on the land on 
which the building or structure is located and shall be collected in the manner provided for special 
assessments. 
(K) Inadequate fire protection or fire-fighting equipment. All buildings or portions thereof which 
are not provided with the fire-resistive construction or fire extinguishing systems or equipment required 
by this code and local fire codes, except those buildings or portions thereof which conformed with all 
applicable laws at the time of their construction and whose fire-resistive integrity and fire extinguishing 
systems have been adequately maintained and improved in relation to any increase in occupant load, 
alteration or addition, or any change in occupancy; and 
(L) Improper occupancy. All buildings or portions thereof occupied for living, sleeping, cooking 
or eating purposes which were not designed or intended to be used for the occupancies. 
(1993 Code, Comp. No. 7-2) (Ord. 134, passed 1-18-1971; Ord. 286, passed 7-21-1980) Penalty, see 
§ 150.999 

Winston -Land Usage 

§ 150.076 ABATEMENT OF SUBSTANDARD BUILDINGS. 

(A) General. Whenever the Building Inspector determines by inspection that any existing building 
or portion thereof is substandard, he or she shall order the building or portion thereof vacated, and shall 
institute proceedings to effect the repair or rehabilitation of the building or portion thereof. If the repair 
or rehabilitation is impractical, he or she shall then order the building or portion thereof removed or 
demolished. The owner or other person affected shall then have the right to appeal to the City Housing 
Board of Appeals for investigation and review of the Building Inspector’s determination. 
(B) Notice to the owner. The Building Inspector shall give notice to the owner or other responsible 
person in accordance with the procedure specified in § 150.075(J). 
(C) Procedure. Any building or portion thereof found to be substandard as defined in § 150.075 
shall be repaired, rehabilitated, demolished or removed in accordance with the procedure specified in 
§ 150.075. 
(1993 Code, Comp. No. 7-2) (Ord. 134, passed 1-18-1971) 
§ 150.077 HOUSING BOARD OF APPEALS. 

(A) Established. The County Building Ordinance Board of Appeals is hereby authorized to act as 
the Housing Appeals Board of the city. 
(B) Appointment of members. The members of the Board shall be appointed as specified in Chapter 
15.20 of the Ordinances of Douglas County. 
(C) Procedures of this Board. All hearings shall be public; and the appellant, his or her 
representatives, the official of the municipality and any other person whose interests may be affected by 
the matter on appeal shall be given an opportunity to be heard. The Board may affirm, modify or reverse 
the decision of the Building Inspector by a concurring vote of three members. The Board shall adopt 
reasonable rules and regulations for conducting its investigations, and shall render all decisions and 
findings in writing to the Building Inspector, with a duplicate copy to the appellant, and may recommend 
to the City Council any new legislation as is consistent herewith. 
(D) Appeal to the City Council. Persons aggrieved under the provisions of this section shall have 
the right of appeal to the City Council from the decisions of the Board of Appeals. Request for an appeal 
shall be made within ten days from the date of decision of the Board of Appeals; and in case the Building 
Inspector is the appellant, the responsible person shall be notified within 48 hours if the Building 
Inspector wishes to appeal the decision. 
(E) Duties of the Housing Board of Appeals. The Housing Board of Appeals shall: 
(1) Upon receipt of notice of appeal of any decision and order of the Building Inspector filed 
by the property owner or party in interest within 30 days from the date of service of the decision or 
order, entertain the appeal, conduct a hearing thereon as provided in division (E)(2) below, or upon 

Building Codes 

receipt of a request in writing from the Building Inspector to review his or her decision, entertain the 
request and conduct a hearing as herein provided; 

(2) Hold a hearing to hear evidence as may be presented by any official of the city or the 
owner, occupant, mortgagee, lessee or any other person having interest in the building; and 
(3) Resolve all matters submitted to it within 60 days from the date of filing therewith. In the 
event the Housing Board of Appeals fails to resolve all matters within 60 days as above provided, then 
the order and findings of the Building Inspector shall be deemed affirmed in full on the sixtieth day, and 
the parties may appeal therefrom as provided by law. 
(1993 Code, Comp. No. 7-2) (Ord. 134, passed 1-18-1971; Ord. 539, passed 2-18-1997) 
§ 150.999 PENALTY. 

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed 
shall be subject to § 10.99. 
(B) (1) It shall be unlawful for a person, form or corporation to erect, construct, enlarge, alter, 
repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or 
structure, mechanical system or equipment, plumbing system or fixtures, electrical systems or equipment 
or cause or permit the same to be done in violation of a specialty code or other regulations established 
by §§ 150.001 through 150.005. 
(2) It shall be unlawful for a person, firm or corporation to construct, enlarge, alter, repair, 
move, improve, convert or demolish, set up, use, occupy or maintain any manufactured dwelling, 
accessory structure or appliances, manufactured dwelling park or recreational park or camp, or cause 
or permit the same to be done in violation of a specialty code or other regulations established by 
§§ 150.001 through 150.005. 
(3) The provisions and penalties herein are in addition to those remedies established for trades 
licensing under O.R.S. Chapters 446, 447, 455, 479 and 693, more specifically O.R.S. 446.990, 
447.156 and 455.895 penalty provisions. 
(4) A violation of divisions (B)(1) and (2) above is punishable by a fine not to exceed $1,000 
per violation. In the case of a continuing violation, every day’s continuance of the violation is a separate 
offense. 
(1993 Code, Comp. No. 7-4) 
(C) Violation of §§ 150.020 through 150.046 is a misdemeanor. Every person is guilty of a 
misdemeanor who willfully violates any provision of this subchapter or fails or neglects to comply with 
any requirements of that subchapter. The person is guilty of a separate offense for each and every day 

Winston -Land Usage 

during any part of which the violation or noncompliance occurs, and is punishable by a fine of not more 
than $500, or by imprisonment in the city jail for not more than six months, or by both the fine and 
imprisonment. 
(1993 Code, Comp. No. 7-1) 

(D) Any person, firm or corporation violating any of the provisions of §§ 150.060 through 150.077 
shall be guilty of a misdemeanor, and each person shall be deemed guilty of a separate offense for each 
and every day or portion thereof during which any violation of any of the provisions of this code is 
committed, continued or permitted; and upon conviction of the violation, the person shall be punishable 
by a fine of not more than $100, or by imprisonment for not more than 30 days, or by both the fine and 
imprisonment. 
(1993 Code, Comp. No. 7-2) 
(Ord. 122, passed 8-16-1971; Ord. 134, passed 1-18-1971; Ord. 200, passed 11-11-1975; Ord. 486, 
passed 6-21-1993) 

CHAPTER 151: SIGN CODE 

Section 

151.01 Purpose and intent 
151.02 Definitions 
151.03 Prohibited signs 
151.04 Permit procedures 
151.05 Standards and criteria 
151.06 Nonconforming signs 
151.99 Penalty 
§ 151.01 PURPOSE AND INTENT. 

The provisions of this chapter are made to establish reasonable and impartial regulations for all 
exterior signs and to further the objectives of the Comprehensive Plan of the city; to protect the general 
health, safety, convenience and welfare; to reduce traffic hazards caused by unregulated signs which may 
distract, confuse and impair the visibility of motorists and pedestrians; to ensure the effectiveness of 
public streets, highways and other public improvements; to facilitate the creation of an attractive and 
harmonious community; to protect property values and to further economic development. 
(1993 Code, Comp. No. 8-3) (Ord. 578, passed 12-4-2000) 

§ 151.02 DEFINITIONS. 

For the purpose of this chapter, the following definitions shall apply unless the context clearly 
indicates or requires a different meaning. 

(A) If the general definitions in the city zoning ordinance conflict, the following definitions shall 
control for purposes of this chapter. 
ILLEGAL SIGN. A sign constructed in violation of regulations existing at the time the sign 
was built. 

INDIRECT ILLUMINATION. A light directed toward a sign so that the beam of light falls 
upon the exterior surface of the sign and is not flashing. 

31 


Winston -Land Usage 

INFLATABLE SIGN. A sign that is expanded with air or gas and anchored to a structure or 
the ground. 

LOT. A unit of land created by a subdivision of land; the term LOT is synonymous with the 
term PARCEL for the purposes of this chapter. 

NONCONFORMING SIGN. A sign meeting all legal requirements when constructed prior to 
the adoption of this chapter. An illegal sign is not a NONCONFORMING SIGN. 

POLE SIGN. A sign wholly supported by a sign structure in the ground and not exceeding 200 
square feet. 

(B) The following signs shall not be subject to the permit requirements of § 151.04, nor subject to 
the number and type limitations of this chapter, but shall be subject to all other provisions of this chapter 
and the requirements of this section. 
DIRECTIONAL SIGN. A sign giving on-site directional assistance for the convenience of the 
public, which does not exceed four square feet in area and which does not use flashing illumination. 

EVENT SIGN/BANNER. An election sign not exceeding 32 square feet, provided the sign is 
removed within seven days following an election. A temporary non-illuminated sign or banner not 
exceeding 200 square feet used for a fundraising event solely for charitable purposes, placed by a legally 
constituted nonprofit organization. 

FLAG/PENNANT. A governmental flag with or without letters or numbers and other flags and 
pennants without letters or numbers. The FLAGS and PENNANTS shall be made of non-rigid material. 

HISTORICAL/LANDMARK SIGN. A marker erected or maintained by a public authority or 
by a legally constituted historical society or organization identifying a site, building or structure of 
historical significance. 

HOLIDAY SIGN. A sign or decoration used to commemorate a holiday which is removed 
within seven days following the holiday period. 

INTERIOR SIGN. Any sign which is not visible and not directed to people using a public 
street or public pedestrian way. 

MURAL. A large picture painted on the wall of a building not advertising a specific business 
or product. 

PUBLIC SIGN. A sign erected by a government agency. A public notice or warning required 
by a valid and applicable federal, state or local law or regulation and an emergency warning sign erected 
by a public utility or by a contractor doing authorized work in the public way. 


Sign Code 

REAL ESTATE OR CONSTRUCTION SIGNS. Temporary non-illuminated real estate (not 
more than two per lot) or construction signs not exceeding 32 square feet, provided the signs are 
removed within 15 days after closing or signing of the sale, lease or rental of the property or within 
seven days of completion of the project. 

WINDOW SIGN. A sign painted or placed upon a window in a nonresidential zone. 

(C) If the exemptions conflict with the city zoning ordinance, that ordinance shall govern. 
(1993 Code, Comp. No. 8-3) (Ord. 578, passed 12-4-2000) 
§ 151.03 PROHIBITED SIGNS. 

The following signs are prohibited. 

ABANDONED SIGN. A sign or a sign structure existing more than 60 days after a business ceases 
to operate shall be taken down and removed by the owner, agent or person having the beneficial use of 
the lot upon which the sign may be found. 

BILLBOARD. A pole sign exceeding 200 square feet of sign area. 

SIMULATED TRAFFIC SIGNS AND OBSTRUCTIONS. Any sign which may be confused with 
or obstruct the view of any authorized traffic signal or device, or extend into the traveled portion of a 
public street or pedestrian way. 

VACANT LOT SIGN. Except exempt signs, a sign erected on a lot that has no structures capable 
of being occupied as a residence or business. Notwithstanding the foregoing, signs otherwise permitted 
under this chapter may be placed on a lot improved for off-street parking as provided by the city zoning 
ordinance. 

VEHICULAR SIGN. Any sign written or placed upon or within a parked motor vehicle with the 
primary purpose of providing a sign not otherwise allowed by this chapter. This does not include any 
sign permanently or temporarily placed on or attached to a motor vehicle, when the vehicle is used in 
the regular course of business for purposes other than the display of signs. 

VISION CLEARANCE. Any sign in the clear-vision area as defined in the city zoning ordinance. 
(1993 Code, Comp. No. 8-3) (Ord. 578, passed 12-4-2000) 

§ 151.04 PERMIT PROCEDURES. 

(A) Permit required. Except as may otherwise be provided in this chapter, no sign or a sign 
structure shall be displayed, erected, altered, relocated or replaced until a sign permit has been issued 

Winston -Land Usage 

by the City Manager or designee. For the purpose of this chapter, all signs are considered accessory uses 
of the lot upon which they are located. 

(B) Application. Application for a sign permit shall be made by the owner, tenant or authorized 
agent of the property upon which the sign is to be located. The application shall be approved, denied or 
referred back to the applicant within ten working days from the date the application was submitted. 
(C) Criteria for permit approval. A sign permit will be approved if compliance with the following 
exists: 
(1) Conformance to structural requirements and electrical code, if applicable; 
(2) It meets location standards; and 
(3) The sign is allowed in zoning designation. 
(D) Plan requirements. The application for a sign permit shall be accompanied by a site plan with 
the following information: 
(1) Name, address and telephone number of the owner, tenant or authorized agent of the 
property upon which the sign is to be located; 
(2) Location by legal description (township, range, section, tax lot) and physical address; 
(3) Dimensions of the sign and the sign structure and, where applicable, the dimensions of the 
wall surface of the building to which the sign is to be attached and a current photograph of the building; 
(4) Proposed location of the sign in relation to the face of the building, in front of which or 
above which the sign is to be erected; and 
(5) Proposed location of the sign in relation to the boundaries of the lot upon which the sign 
is to be placed. 
(E) Signs exempt from permits. These exceptions do not relieve the owner of the sign from the 
responsibility of its erection, maintenance and compliance with the provisions of this chapter or any other 
law or ordinance regulating the same. The following changes do not require a sign permit: 
(1) The changing of the advertising copy or message of a painted, plastic face or printed sign 
only. Except for signs specifically designed for the use of replaceable copy, electrical signs shall not be 
included in this exception; and 
(2) The electrical, repainting, cleaning, repair or maintenance of a sign. 

Sign Code 

(F) Fees. The fee for a sign permit shall be as set by Council resolution. The fee for any sign 
which has been erected without a sign permit shall be double the regular sign fee. 
(G) Building Code compliances. All signs and sign structures shall comply with the Uniform 
Building Code and the State Electrical Safety Specialty Code adopted by the city in § 150.001. All pole 
signs, attached or projecting wall signs and roof signs will require a building permit in addition to the 
sign permit. Signs for which a building or electrical permit is required shall be subject to inspection by 
the city’s Building Official or State Electrical Inspector. The Building Official may order the removal 
of a sign that is not maintained in accordance with this chapter. Signs may be reinspected at the 
discretion of the Building Official. 
(1993 Code, Comp. No. 8-3) (Ord. 578, passed 12-4-2000; Ord. 651, passed 12-20-2010) 
§ 151.05 STANDARDS AND CRITERIA. 

(A) General sign provisions. 
(1) Signs may not project over public property beyond six feet. In the event a public street is 
modified so that the sign or sign structure becomes located over the portion used by motor vehicles, the 
sign shall be relocated at owner expense so that it is no longer over the portion of the public street used 
by motor vehicles. 
(2) All signs shall have a vertical clearance of seven feet above public property. 
(3) No signs shall stand or be based in public property without authorization of agency 
jurisdiction. 
(4) Regulatory equipment shall be installed in all illuminated signs to preclude interference with 
radio and television. 
(5) All signs shall be maintained in good repair, and where applicable, in full operating 
condition at all times. 
(6) Flashing signs or any material that gives the appearance of flashing such as reflective disks 
are prohibited. Tracer lights are not prohibited. 
(7) Commercial signs shall not be located within 50 feet of a residential zoning designation. 
(8) External illumination of signs shall be shielded so that the light source elements are not 
directly visible from property in a residential zoning district which is adjacent to or across a street from 
the property in the nonresidential zoning district. 
(9) Signs shall be located not less than six feet horizontally or 12 feet vertically from overhead 
electrical conductors that are energized in excess of 750 volts. The term OVERHEAD CONDUCTORS 

Winston -Land Usage 

as used in this section refers to an electrical conductor, either bare or insulated, installed above the 
ground, except when conductors are enclosed in iron pipe or other approved material covering of equal 
strength. 

(10) Signs or sign structures shall not be erected in a manner that a portion of their surface or 
supports will interfere with the free use of any fire escape or exit. 
(11) Signs shall not obstruct building openings to the extent that light or ventilation is reduced. 
Signs erected within five feet of an exterior wall in which there are openings within the area of the sign 
shall be constructed of noncombustible material or approved plastics. 
(B) Signs in residential zones. In the RLA, RLB, RLC, RM and RH zones, no sign shall be 
allowed except the following: 
(1) One sign identifying only the name of the owner or occupant of a building, provided the 
sign does not exceed six inches by 18 inches in size, is unilluminated and shall not be located in a 
required yard; 
(2) One sign identifying only the business name of a home occupation occupying that lot, 
provided the sign does not exceed one square foot of sign area, is unilluminated and shall not be located 
in a required yard; 
(3) One sign pertaining to the lease or sale of a building or property, provided the sign does 
not exceed six square feet of sign area; 
(4) One identification sign facing the bordering street, not to exceed 16 square feet of sign area, 
for any permitted or conditional use except residences and home occupations. The sign shall be solely 
for the purpose of displaying the name of the institution and its activities or services. It may have indirect 
illumination but non-flashing and shall not be located in a required yard; 
(5) Temporary sign, for one year, advertising a new subdivision, provided the sign does not 
exceed 32 square feet of sign area, advertises only the subdivision in which it is located, is unilluminated 
and is erected only at a dedicated street entrance and within the lot lines. The sign shall be removed if 
construction on the subdivision is not in progress within 60 days following the date of the sign permit; 
and 
(6) The maximum sign height is seven feet. 
(C) Signs in commercial/industrial zones. In the C-G, C-SH, C-OP, C-H, ML, MG and PR zones, 
all signs located on a lot shall conform to the following limitations. 
(1) Except as provided in division (C)(3) below, for a single business, whether on one or more 
contiguous lots, the maximum number of signs requiring a permit is three, one of which may be a pole 
sign. 

Sign Code 

(2) Except as provided in division (C)(3) below, for multiple businesses in a shopping center, 
for multiple businesses sharing common off-street parking facilities or for multiple businesses with the 
same property owner, all of which are located on one or more contiguous lots, the maximum number 
of signs requiring a permit is one pole sign per business and one additional sign which may be a portable 
sign. 
(3) When a business or businesses have 200 continuous lineal feet of frontage on one street, 
the maximum number of signs shall be increased by one sign (pole or portable) for each 100 feet of 
frontage up to a maximum of four additional signs. Any two of these signs may be combined in a single 
sign not to exceed 200 square feet in area. 
(4) Pole signs shall be placed at least 100 lineal feet apart. 
(5) A roof sign may be substituted for one of the allowed pole signs. 
(6) Except for attached wall signs, each sign face shall not exceed 100 square feet in area and 
shall not exceed 35 feet in height. 
(7) Attached wall signs shall not exceed 200 square feet in area. 
(8) Each business at a new location may have one temporary sign on each street frontage of 
the lot occupied by that business, provided the sign area does not exceed 50 square feet and provided the 
sign is not displayed for more than 365 days or until the permanent sign is installed, whichever first 
occurs. 
(D) Signs in agricultural zones. In the A-O Zone, the following criteria for signs apply: 
(1) Maximum number of signs requiring a permit is three; 
(2) Maximum number of pole signs is one; 
(3) Except for attached wall signs, each sign face shall not exceed 50 square feet in area; 
(4) Attached wall signs shall not exceed 100 square feet of sign area; and 
(5) Pole signs shall not exceed 35 feet in height. 
(1993 Code, Comp. No. 8-3) (Ord. 578, passed 12-4-2000) 
§ 151.06 NONCONFORMING SIGNS. 

(A) Except for signs located in A-O, ML and MG zones, any nonconforming pole sign that is 
greater than 200 square feet shall be reduced to not more than 200 square feet in area or be removed 
within one year from the approval date of this chapter. 

Winston -Land Usage 

(B) All other nonconforming signs shall be subject to the regulation of structures as provided in the 
city zoning ordinance relating to the continuation of a nonconforming use or structure, the discontinuance 
of a nonconforming use, the change of a nonconforming use and the destruction of a nonconforming use 
or structure. 
(1993 Code, Comp. No. 8-3) (Ord. 578, passed 12-4-2000) 
§ 151.99 PENALTY. 

(A) A person violating a provision of this chapter shall be charged a fine of not more than $300 for 
each day the violation occurs. A violation of this chapter shall be considered a separate offense for each 
day the violation occurs. Notwithstanding the foregoing and regardless of whether a permit has been 
revoked, a person who violates this chapter may be charged in the appropriate court of law. 
(B) These penalty fees will terminate upon the inclusion of the sign ordinance with the zoning 
ordinance during the adoption process of the city’s periodic review unless reauthorized in the adoption 
process. 
(1993 Code, Comp. No. 8-3) (Ord. 578, passed 12-4-2000) 

CHAPTER 152: PLANNING AND DEVELOPMENT 

Section 

Plans and Regulations; Adopted by Reference 

152.01 Comprehensive Plan 
152.02 [Reserved] 
152.03 [Reserved] 
152.04 Transportation System Plan 
152.05 Public Facilities Plan 
Minor Partition Vacation Procedures 

152.20 Findings; definition 
152.21 Application; fee 
152.22 Public hearing 
152.23 Decision 
Cross-reference: 

Zoning amendments to the Comprehensive Plan and Zoning Maps, see TSO IX 

PLANS AND REGULATIONS; ADOPTED BY REFERENCE 

§ 152.01 COMPREHENSIVE PLAN. 

The revised Comprehensive Plan text for the city and its urban growth area is hereby adopted by 
reference as if set out in full herein. Copies are available through city offices. 
(1993 Code, Comp. No. 8-4) (Ord. 588, passed 6-23-2003; Ord. 611, passed 10-17-2005; Ord. 621, 
passed 8-21-2006; Ord. 635, passed 12-17-2007) 

§ 152.02 [RESERVED]. 

2021 S-2 39 


Winston -Land Usage 

§ 152.03 [RESERVED]. 

§ 152.04 TRANSPORTATION SYSTEM PLAN. 

The Transportation System Plan for the city, adopted to assist in providing for future transportation 
system needs in the city and the city’s urban growth area, is hereby adopted by reference as if set out 
in full herein. Copies are available through city offices. 
(Ord. 587, passed 6-23-2003; Ord. 611, passed 10-17-2005) 

§ 152.05 PUBLIC FACILITIES PLAN. 

The revised Public Facilities Plan for the city and the city’s urban growth area is hereby adopted 
by reference as if set out in full herein. Copies are available through city offices. 
(Ord. 589, passed 6-23-2003) 

MINOR PARTITION VACATION PROCEDURES 

§ 152.20 FINDINGS; DEFINITION. 

(A) The City Council finds that no procedure currently exists for vacation of a minor partition. 
(B) MINOR PARTITION means a partition that does not include creation of a street. 
(C) The Council further determines it is in the public interest to adopt procedures for application 
and approval of vacation of minor partitions. Upon receipt of application complying with the terms of 
this subchapter and following the procedures of this subchapter, the City Council shall be authorized to 
vacate minor partitions. 
(1993 Code, Comp. No. 8-7) (Ord. 368, passed 7-2-1984) 
§ 152.21 APPLICATION; FEE. 

All applications requesting vacation of a minor partition shall be submitted on forms approved by 

2021 S-2 


Planning and Development 

the city and shall be accompanied by the fee established by the City Council from time to time by 
motion. Initially the application fee shall be $100. The application shall be signed by all persons owning 
an interest in the real property which is the subject of the proposed vacation, including fee title holder, 
contract sellers, contract purchasers, mortgagees and trust deed beneficiaries. 
(1993 Code, Comp. No. 8-7) (Ord. 368, passed 7-2-1984) 

§ 152.22 PUBLIC HEARING. 

Upon receipt of an application, a public hearing before the Planning Commission shall be scheduled 
and notice of the public hearing shall be given to all owners of property within 250 feet of the subject 
property. At the public hearing the Planning Commission shall consider all evidence presented, including 
any legitimate objections from neighboring property owners and shall consider, among other things, 
whether grant of the application for vacation would adversely affect construction or development patterns 
in the area and the existing zoning and Comprehensive Plan for the area. The Planning Commission shall 
recommend vacation if it finds the vacation is in the public interest. 
(1993 Code, Comp. No. 8-7) (Ord. 368, passed 7-2-1984) 

§ 152.23 DECISION. 

Upon receipt of recommendation from the Planning Commission, the City Council shall schedule 
a public hearing on the proposed vacation, giving notice thereof to owners of property within 250 feet 
of the proposed vacation. At the hearing the City Council shall consider the findings and 
recommendation of the Planning Commission, the evidence submitted at the Planning Commission 
hearing and may consider any additional evidence presented at the City Council hearing. The City 
Council shall grant the request for vacation if it finds it is in the public interest, and if the subject 
property has not been developed as separate parcels. 
(1993 Code, Comp. No. 8-7) (Ord. 368, passed 7-2-1984) 


Winston -Land Usage 


CHAPTER 153: SUBDIVISION CODE 

Section 

General Provisions 

153.01 Definitions 
153.02 Scope of regulations 
153.03 Applications 
153.04 Tentative plan 
153.05 Submission of tentative plan 
153.06 Final plat 
153.07 Submission of final plat 
153.08 Filing of plat, time limit 
153.09 Major and minor partitioning 
153.10 Design standards and principles of acceptability 
153.11 Street and sidewalks 
153.12 Blocks 
153.13 Lots or parcels 
153.14 Public open spaces 
153.15 Preservation of natural features 
153.16 Installation of improvements 
153.17 Specifications for improvements 
153.18 Required improvements 
153.19 Improvement agreement 
153.20 Security 
153.21 Acceptance of improvements 
153.22 Variations and exceptions 
153.23 Approval of access 
153.24 Validity 
153.99 Penalties for violation 
List of Table and Illustrations 
Appendix A: Table D -Minimum right-of-way and roadway widths 
Appendix B: Illustration 1: Arterials 
Appendix C: Illustration 2: Major collector 
Appendix D: Illustration 3: Residential collector 
Appendix E: Illustration 4: Residential 
Appendix F: Illustration 5: Local access way 
2021 S-2 43 


Winston -Land Usage 

GENERAL PROVISIONS 

§ 153.01 DEFINITIONS. 

As used in this chapter the following words and phrases shall mean: 
BUILDING LINE. A line on a plat or map indicating the limit beyond which buildings or structures 

may not be erected. 

CITY COUNCIL. The Common Council of the City of Winston. 

COMPREHENSIVE PLAN. Plans, maps, reports or any combination thereof, adopted by the City 

Council for the guidance of growth and improvement of the city, including modification or refinements 
which may be made from time to time. 

EASEMENT. A grant of the right to use land for specific purposes. 

LOT. A unit of land that is created by a subdivision of land. 

MAJOR PARTITION. Partitioning land into three or more parcels/units/lots. 

MINOR PARTITION. Partitioning land into two parcels/units/lots. 

PARCEL OF LAND. A unit of land that is created by a partitioning of land. 

PARTITION. Either an act of partitioning land or an area or tract of land partitioned as defined in 
this section. 

PARTITION LAND. To divide an area or tract of land into two or three parcels within a calendar 
year when such area or tract of land exists as a unit or contiguous units of land under single ownership 
at the beginning of such year. 

(1) PARTITIONING LAND does not include: 
(a) Divisions of land resulting from lien foreclosures, divisions of land resulting from 
foreclosures of recorded contracts for the sale of real property and divisions of land resulting from the 
creation of cemetery lots; 
(b) Any adjustment of a lot or parcel line by the relocation of a common boundary where 
an additional parcel is not created and where the existing parcel reduced in size by the adjustment is not 
reduced below the minimum lot or parcel size established by any applicable zoning ordinance; 
2021 S-2 


Subdivision Code 

(c) The sale of a lot or parcel in a recorded subdivision, even though the lot or parcel may 
have been acquired prior to the sale with other contiguous lots or parcels or property by a single owner; 
and 
(d) A sale or grant by a person to a public agency or public body for state highway, county 
road, city street or other right-of-way purposed provided that such road or right-of-way complies with 
the comprehensive plan. 
PEDESTRIAN WAY. A right-of-way for pedestrian traffic. 

PERSON. An individual, firm, partnership, corporation, company, association, syndicate or any 
legal entity, including any trustee, receiver, assignee or other similar representative thereof. 

PLANNING COMMISSION. The Planning Commission of the City of Winston. 

PLAT. A final map, diagram, drawing, replat or other writing containing all the descriptions and 
information concerning a subdivision. 

PLANNING CONTROL AREA. An area in a state of incomplete development within which special 
control is to be exercised over land partitioning. 

RIGHT-OF-WAY. The area between boundary lines of a street or other easement. 

ROADWAY. The portion of a street right-of-way developed for vehicular traffic. 

SIDEWALK. A pedestrian walkway with permanent surfacing to city standards. 

STREET. The entire width between the boundary lines of every way which provides for public use 
for the purpose of vehicular and pedestrian traffic, and the placement of utilities. 

(1) Alley. A narrow street through a block primarily for vehicular service access to the back 
or side of properties otherwise abutting on another street. 
(2) Arterial. Arterial streets form the primary roadway network within and through a region. 
They provide a continuous roadway system that carries traffic through the city. Generally, arterial streets 
are high capacity roadways that carry high traffic volumes with 6,000 to 15,000 Average Daily Trips 
(ADTs) and minimal localized activity. On-street parking is rarely provided on new arterial streets. 
Arterial streets are intended to move traffic, loaded from collector streets, between areas and across 
portions of the city or region. New residential property other than major complexes of multi-family 
dwellings should not face or be provided with individual access onto arterial streets. 
2021 S-2 


Winston -Land Usage 

(3) Collector, major. Major collectors provide for the connection of major residential and 
commercial for public activity centers. Such roads primarily accommodate through traffic and channel 
traffic from residential collector and residential streets onto arterial and state or county highways. Access 
to adjacent properties should be limited. If traffic volume forecasts exceed 2,000 vehicles per day, 
driveways serving most residential uses should be discouraged. For new major collector streets, 
driveways serving single family houses, duplex, or triplex shall not be permitted on a section that will 
carry 2,000 or more vehicles per day. When upgrading existing major collector streets, combined 
driveways or other access management tools should be considered. In urban areas, major collectors 
should help to establish neighborhood identity and define land use patterns. Traffic volumes on major 
collector streets generally range from 1,000 to 6,000 ADTs. 
(4) Collector, residential. Residential collectors are intended to distribute local traffic onto 
other residential collectors, major collectors or arterial streets. Property access onto residential collectors 
is often allowed. In urban areas, residential collectors should border neighborhoods thereby helping to 
establish neighborhood identity. In rural areas, residential collectors also connect rural residential areas. 
Traffic volumes generally range from 500 to 4,000 ADTs. 
(5) Cul-de-sac (dead-end street). A short street having one end open to traffic and being 
terminated by a vehicle turn-around. 
(6) Half street. A portion of the width of a street, usually along the edge of a subdivision, 
where the remaining portion of the street could be provided in another subdivision. 
(7) Local access way. A local access way is a public street with a maximum street length of 
400 feet designed to provide access for a maximum of ten dwelling units (100 ADTs) to a residential, 
collector or arterial street. 
(8) Marginal access street. A minor street parallel and adjacent to a major arterial street 
providing access to abutting properties, but protected from through traffic. 
(9) Residential street. Residential streets are intended to serve adjacent land without carrying 
through traffic. These streets shall be designed to carry less than 1,200 ADTs. To maintain low volumes, 
local residential streets shall be designed to encourage low speed travel. Street standards have been 
established for the local residential streets, allowing either 28 or 32 feet of paved surface. Narrower 
streets generally improve the neighborhood aesthetics and discourage speeding as well. They also reduce 
right-of-way needs, construction cost and storm water run-off. 
SUBDIVIDE LAND. To divide an area or tract of land into four or more lots within a calendar year 
when such area or tract of land exists as a unit or contiguous units of land under a single ownership at 
the beginning of such year. 

SUBDIVISION. Either an act of subdividing land or an area, or a tract of land subdivided as defined 
in this chapter. 

2021 S-2 


Subdivision Code 

SUBDIVIDER. Any person who undertakes the subdividing of an area or tract of land, including 
changes in street or lot lines, for the purposes of transfer of ownership or development. 
(Ord. 591, passed 6-23-2003; Ord. 21-692, passed 3-1-2021) 

§ 153.02 SCOPE OF REGULATIONS. 

(A) All tentative plans, subdivision plats, partition maps and all streets or ways created for the 
purpose of partitioning land shall be approved by the City Manager, Planning Commission or City 
Council in accordance with the City Subdivision and Zoning regulations. A person desiring to subdivide 
land, desiring to partition land, or desiring to sell any portion of land within a planning control area, 
shall submit preliminary plans and final documents for approval, as provided in this chapter and state 
law. 
(B) Prohibition of sale. 
(1) No person shall sell any lot in any subdivision until the subdivision has been approved in 
accordance with this chapter. No person shall negotiate to sell any lot in a subdivision until a tentative 
plan has been approved. A person may negotiate to sell any parcel in a partition prior to approval of the 
tentative plan for the partition, but no person may sell any parcel in a partition prior to approval of the 
tentative plan. 
(2) No person shall sell any lot in any subdivision until the plat has been recorded. 
(3) No person shall sell any lot in any subdivision by reference to or exhibition or use of a plat 
before the plat has been recorded. In negotiating to sell a lot in a subdivision, a person may use the 
approved tentative plan for such subdivision. 
(Ord. 591, passed 6-23-2003) Penalty, see § 153.99 
§ 153.03 APPLICATIONS. 

(A) Application submitted. Application for tentative plan, final plat, land partitions, and variances 
to the subdivision ordinance, shall be checked by the City Manager or the designee for completeness who 
shall notify the applicant of any missing materials within 30 days of receipt of the application. The 
application shall be deemed complete when all required materials are received, when 180 days have 
expired since the applicant was notified of the missing materials, or on the 31st day after submittal of 
any incomplete application if the applicant has submitted a written statement that the missing materials 
will not be submitted. 
(B) Concurrent processing. Any application for discretionary permits applied for under this chapter 
or Chapter 154 of this code for one development, at the applicant's request, shall be processed 
concurrently. 
2021 S-2 


Winston -Land Usage 

(C) Time limit on decisions. The final decision, including any appeals to the City Council, on any 
applications for discretionary permits applied under this chapter or Chapter 154 of this code, or any 
combination thereof, shall be made within 120 days of the date the application is complete. The 120 days 
applies only to decisions wholly within the authority and control of the city and not land use regulation 
decisions required to be forwarded to the Director of the Department of Land Conservation Development 
under O.R.S. 197.610(1). The 120-day period may be extended at the request of the applicant. 
(D) Review. Approval or denial for an application shall be based upon the comprehensive plan and 
the standards and criteria that were applicable at the time the application was first submitted. Denied 
applications cannot be resubmitted within 12 months after the date of the final order on the action 
denying the application, unless documentation or evidence is provided, which demonstrates the applicant 
has mitigated or addressed all the points for the basis of denial. 
(E) An applicant whose application has not been acted upon finally within the 120 days after the 
application was deemed complete by the City Manager may seek a writ of mandamus to compel issuance 
of the permit. The writ shall be issued unless the city can show that approval will violate the 
comprehensive plan, of implementing ordinances. 
(Ord. 591, passed 6-23-2003) 
§ 153.04 TENTATIVE PLAN. 

(A) Preparation. The subdivider shall prepare a tentative plan together with other supplementary 
material as may be required to indicate the general program and objectives of the project. To assure 
knowledge of existing conditions and city requirements and to obtain compliance with existing city 
development plans, the subdivider is encouraged to confer with the City Engineer prior to preparation 
of the tentative plan. 
(B) Scope. The tentative plan need not be a finished drawing, but it should show all pertinent 
information to scale in order that the Planning Commission may properly review the proposed 
development. 
(C) Scale. The tentative plan shall be drawn at a scale of one inch for each 100 feet. The scale may 
be increased or decreased, if necessary, in order to fit the drawing on the legal sized plat of 18 x 24 
inches, but in all cases, the scale to be used shall be multiples of ten. 
(D) Partial development. 
(1) Where the subdivision includes only part of the area owned by the subdivider, the Planning 
Commission shall determine the remaining area for which a Master Development Plan of future 
development shall be submitted by the subdivider or developer showing streets, tentative uses and 
lotting, drainage, major utilities and other features that will have a bearing on and guide future 
development of the property in question and surrounding areas. The property may be proposed for 
2021 S-2 


Subdivision Code 

development in phases, and the limits of each phase shall be shown on the Master Development Plan. 
The approved master Development Plan may be revised by the subdivider or developer from time to 
time, or with each phase, but it shall serve the purpose of providing comprehensive guidance to the 
overall development of the property to facilitate and achieve optimum street design and traffic 
circulation, proper storm drainage, integrated utilities, etc. 

(2) The Master Development Plan shall be reviewed by the Planning Commission and, with 
necessary and appropriate revisions and conditions, shall be approved as the plan to which future 
development of the subject property shall conform. The adopted Master Development Plan shall apply 
to development of the subject property, regardless of change in applicant. Changes desired by a new 
applicant must be approved by the Planning Commission, and in no case shall a subdivision be approved 
that is not in conformance to the latest approved Master Development Plan. 
(E) Information required. The tentative plan shall include the following information: 
(1) General information. The following general information shall be shown on the tentative 
plan: 
(a) Proposed name of the subdivision. This name must not duplicate nor resemble the name 
of another subdivision in the county and shall be approved by the Planning Commission. 
(b) Date, northpoint and scale of drawing. 
(c) Appropriate identification clearly stating that the map is a preliminary plan. 
(d) Location of the subdivision by section, township and range, and a legal description 
sufficient to define the location and boundaries of the proposed tract. 
(e) The City Manager may require the names and addresses of all adjacent property 
owners. 
(2) Existing conditions. The following existing conditions shall be shown on the tentative plan: 
(a) The location, widths and names of all existing or platted streets or other public ways 
within or adjacent to the tract; railroad rights-of-way and other important features, such as section lines 
and corners, city boundary lines and monuments. 
(b) Contour lines having the following minimum intervals: 
1. One foot contour intervals for ground slopes less than 2%. 
2. Two foot contour intervals for ground slopes between 2% and 5%. 
3. Five foot contour intervals for ground slopes exceeding 10%. 
2021 S-2 


Winston -Land Usage 

4. Contours shall be related to the City of Winston datum. 
(c) Location of areas subject to inundation by storm water; location, width and direction 
of flow of all water courses, with notation as to whether each water course is continuous or intermittent, 
and such other information required to comply with the city's floodplain development ordinance and 
standards, as codified in §§ 154.100 through 154.105. 
(d) Natural features, such as rock outcroppings, riparian vegetation and marshes, wooded 
areas and isolated preservable trees. 
(e) Existing uses of the property, including location of all existing structures and indicating 
those to remain on the property after platting. 
(f) Elevation of adjoining property to evaluate drainage and view blockage. 
(g) Show existing and proposed access to adjoining property. 
(3) Hazardous areas. Where development is proposed in an area of potential slope or soil 
hazards, the tentative plan shall be accompanied by an analysis by a qualified, licensed civil engineer 
stating whether or not each proposed lot is stable and suitable for its intended use, and any conditions 
necessary to insure that each lot is stable and suitable for its intended use. 
(a) If a development is located within the steep slope overlay, the requirements of that 
section shall also apply. Where regulations are found to be similar, the more restrictive shall apply. 
(4) Proposed plan of land subdivision. The following information shall be included on the 
tentative plan: 
(a) Proposed bicycle and pedestrian paths and streets; locations, widths, names and 
approximate radii of curves; the relationship of all streets to any projected streets as shown in the 
complete comprehensive plan, as suggested by the City Engineer. 
(b) Locations of easements on the site or on abutting property, showing the width and 
purpose of all existing and proposed easements. 
(c) Approximate dimensions of all lots. 
(d) Proposed land use. Sites, if any, allocated for: 
1. Multiple family dwellings. 
2. Shopping centers. 
3. Churches. 
2021 S-2 


Subdivision Code 

4. Industry. 
5. Parks, schools, playgrounds, and open space or undeveloped areas. 
6. Subdivisions or condominiums. 
7. Public or semi-public buildings. 
(5) Utility specifications. Approximate plan and profiles of proposed sanitary and storm sewers 
with grades and pipe sizes indicated and plan of the proposed water distribution system, showing pipe 
sizes, materials, and the location of valves and fire hydrants and how they will be extended from existing 
utilities. 
(6) Explanatory information. Any of the following information which may be required by the 
Planning Commission and which may not be shown practically on the tentative plan may be submitted 
in separate statements accompanying the tentative plan. 
(a) Proposed deed restrictions in outline form, if more restrictive than current city codes. 
(b) Approximate centerline profiles showing the finished grade of all streets as approved 
by the City Engineer, including extensions for a reasonable distance beyond the limits of the proposed 
subdivision. 
(c) Typical cross-sections of proposed streets showing the widths of rights-of-way, 
pavement and curbs, and the location and widths of sidewalks. 
(7) Development phasing. 
(a) A tentative plan may provide for platting in as many as three phases. The tentative plan 
must show each phase and be accompanied by proposed time limitations for approval of the final plat 
for each phase. 
(b) Time limitations for the various phases must meet the following requirements: 
1. Phase 1 final plat shall be approved within 12 months of approval of the tentative 
plan. 
2. Phase 2 final plat shall be approved within 24 months of approval of the tentative 
plan. 
3. Phase 3 final plat shall be approved within 36 months of approval of the tentative 
plan. 
2021 S-2 


Winston -Land Usage 

4. The City Manager may, under unique circumstances, approve a one year 
extension. A copy of the City Manager's extension decision shall be provided to the Planning 
Commission. 
(Ord. 591, passed 6-23-2003) 
§ 153.05 SUBMISSION OF TENTATIVE PLAN. 

(A) Submission. The subdivider shall submit the filing fee, ten prints, or more as requested, of the 
tentative plan and supplemental information with the City Manager who shall check it for completeness 
as per § 153.03. Once the application is deemed complete, the City Manager shall distribute copies as 
necessary. The subdivider shall also submit the tentative plan to those special districts and agencies 
specified by the city or otherwise requested. Within 30 days from the time the application is deemed 
complete, the City Manager shall set a hearing. Prior to taking any action at the hearing, all members 
of the Planning Commission shall disclose the content of any significant prehearing or ex parte contacts 
with regard to the matter being heard. Any party to such contact shall be given the opportunity to rebut 
the substance of the ex parte disclosure. 
(B) Filing fee. The filing fee for a tentative plan is contained in a fee schedule set by City Council 
to defray costs in the review and investigation of the plan and action upon the plan including staff and 
engineering expense, public notification and consultation with affected agencies. Said fee is 
non-refundable and is in addition to the fee required for filing a final plat as laid out in § 153.06. 
(C) Review of tentative subdivision plan. Within 30 days following acceptance of the subdivision 
application, tentative plan and supplementary information. 
(1) A hearing shall be scheduled before the Planning Commission to consider tentative approval 
to the application as submitted or as it may be modified or conditioned, or to disapprove the application 
and, in all cases, express its reasons therefore, or continue the hearing. 
(2) Approval of the application is the first step toward the approval of the final plat provided 
there is no change in the plan of subdivision as shown on the tentative plan. Final approval is pursuant 
to the full compliance with all conditions of approval assigned to meet the requirements of this chapter. 
(D) Appeal. Any person aggrieved by a decision of the Planning Commission on the tentative plan 
may appeal the decision to the City Council in writing within 14 days of the written decision. Appeals 
to decisions made under the provisions of this chapter shall follow the procedures for appeals established 
in Chapter 154 of this code. City Council decisions for discretionary permits may be appealed to the 
Land Use Board of Appeals (LUBA), as provided for in O.R.S. 227.180(2). 
(Ord. 591, passed 6-23-2003) 
§ 153.06 FINAL PLAT. 

(A) Duration of tentative plan approval. 
2021 S-2 


Subdivision Code 

(1) Approval of a tentative plan shall be valid for 12 months from the date of approval of the 
tentative plan, provided that if the approved tentative plan provides for phased development, the approval 
shall be valid for the time specified for each phase, subject to the limitations of § 153.04. 
(2) If any time limitation is exceeded, approval of the tentative plan, or of the phase of the 
tentative plan, and any subsequent phases, shall be void. Any subsequent proposal by the applicant for 
division of the property shall require new application. 
(B) Granting of extensions. 
(1) An applicant may request an extension of a tentative plan approval, or, if the tentative plan 
provides for phased development, an extension of tentative approval with respect to the phase the 
applicant is then developing. Requests for extension of any land use approval shall be submitted to the 
City Manager for consideration. Such request shall be considered an application, and shall be submitted 
in writing, stating the reason why an extension should be granted. 
(2) (a) The City Manager may grant an extension of up to 12 months of a tentative plan 
approval, or if the tentative plan provides for phased development, an extension of up to 12 months of 
a tentative plan approval with respect to the phase then being developed, if it is determined that a change 
of conditions, for which the applicant was not responsible, would prevent the applicant from obtaining 
final plat approval within the original time limitation. 
(b) Further extensions of up to one year each may be granted by the City Manager if 
extraordinary circumstances are shown by the applicant. If the tentative plan is subject to security under 
§ 153.20 to assure the developer's full and faithful performance of required improvements, then the 
approved security must also be renewed or extended to equal the extended approval period of the 
tentative plan. 
(C) Preparation of final plat. Before expiration of the tentative plan approvals and any extensions 
hereinabove, the plat and improvement plans shall be prepared and submitted for ensuring compliance 
with the provisions of O.R.S. 92.050. The plat and improvement plans shall incorporate the 
recommendations made by the Commission. 
(1) The final plat shall be prepared in the form required by these regulations and state laws, 
including O.R.S. 92.080, and O.R.S. 91.120, for plats of record. 
(D) Basic information required. In addition to that specified by state law, the following information 
shall be shown on the final plat: 
(1) Date, northpoint and scale of drawing. 
(2) Written legal description of the subdivision tract boundaries. 
(3) Name and address of the owner or owners, subdivider or surveyor, and land planner or 
landscape architect, if used. 
2021 S-2 


Winston -Land Usage 

(4) Subdivision boundary lines, right-of-way lines of streets, and lot lines with dimensions, 
bearings and radii, arcs, points of curvature, lengths and bearings of tangents and chords. All bearings 
and angles shall be shown to the nearest ten seconds and all dimensions to the nearest 0.01 foot. 
(5) Location, dimensions and purpose of all easements. 
(6) Any building setback lines if more restrictive than the city zoning ordinance. 
(7) Location and purpose for which sites, other than residential lots, are dedicated or reserved. 
(8) Location and dimensions of easements and any other areas for public use dedicated without 
any reservation or restriction whatever. 
(9) A copy of any deed restrictions written on the face of the plat or prepared to record with 
the plat with reference on the face of the plat. 
(10) Description and location of all permanent reference monuments, set or found, and all 
monuments required by O.R.S. 92.060. 
(11) Certification by a licensed land surveyor registered by the State of Oregon, who prepared 
the survey and the plat. 
(12) Dedication statement by the property owners with their notarized signatures. 
(13) The name of the subdivision. 
(14) Location, names and width of present and proposed streets. 
(15) Spaces and titles for signatures of the Planning Commission President, Mayor, City 
Manager, County Surveyor and county officers. 
(E) Supplementary information required. In addition, the following shall be supplied by the 
applicant: 
(1) Certification of title showing ownership of the land and also written proof that all taxes and 
assessments on the property are paid to date. 
(2) A certificate signed and acknowledged by all parties having any record title interest in the 
land subdivided, consenting to the preparation and recordation of said plat. 
(3) A certificate by the City Engineer or City Manager certifying that the subdivider has 
complied with one of the following alternatives: 
2021 S-2 


Subdivision Code 

(a) All improvements have been installed in accordance with the requirements of these 
regulations as specified in §§ 153.09 through 153.12, and §§ 153.15 through 153.17 and with the action 
of the Planning Commission giving conditional approval of the tentative plan; or 
(b) An improvement agreement and security as specified in §§ 153.19 and 153.20 have 
been submitted. 
(F) Amendments to preliminary plans and final plats. 
(1) Definitions. 
(a) MINOR AMENDMENT means a change which: 
1. Does not increase the number of lots or parcels created by the subdivision or 
partition; 
2. Does not enlarge the boundaries of subdivided or partitioned area; 
3. Does not change the general location or amount of land devoted to a specific land 
use; or 
4. Includes only minor shifting of the established lines, location of buildings, 
proposed public or private streets, pedestrian ways, utility easements, parks or other public open spaces. 
(b) MAJOR AMENDMENT means any change which is not a minor amendment. 
(2) Approval of minor amendments. A minor amendment to an approved preliminary 
subdivision or partition plan or to an approved final subdivision plat or final partition plat may be 
approved by the City Manager. 
(3) Approval of major amendments. Approval of a major amendment to an approved 
preliminary subdivision or partition preliminary plan or to an approved final subdivision plat or final 
partition plat shall be a land use action as provided by and subject to the provisions of §§ 154.170 
through 154.191. 
(Ord. 591, passed 6-23-2003) 
§ 153.07 SUBMISSION OF FINAL PLAT. 

(A) Submission. The subdivider shall file the original drawings, a copy on good quality transparent 
drafting film, and at least three prints or more as requested, of the final plat and any supplementary 
information with the City Manager, who shall check it for completeness as per § 153.03. Once the 
application is deemed complete, the City Manager shall promptly submit the plat to the City Engineer 
and/or County Surveyor. 
2021 S-2 


Winston -Land Usage 

(B) Review. The City Engineer and County Surveyor shall examine the plat and all required 
information to determine that the subdivision as shown is substantially the same as it appeared on the 
approved tentative plan and as required by this chapter and city specifications, and that the plat as 
prepared is technically correct. 
(C) Approval. 
(1) Approval of the plat shall be indicated by the signatures of the chairperson of the Planning 
Commission, Mayor, City Manager, and, as required by O.R.S. 92.100, by the County Surveyor. Any 
offers of dedication shall be referred by the City Manager to the City Council for acceptance. 
(2) If the City Engineer and/or County Surveyor determine that the final plat and 
supplementary information are in full conformance with the approved tentative plan and city standards 
and specifications, the City Manager shall be so advised. If the final plat or supplemental information 
are not, in the judgment of the City Engineer or County Surveyor, in full conformance, the City 
Engineer shall return the plat or supplemental information to the applicant, stating the reason the plat 
or supplemental information does not conform to the tentative plan, city standards, or city specifications. 
The City Manager, in its review of the plat and supplemental information, shall examine the plat and 
supplemental information for conformance with the approval of the tentative plan. If the City Manager 
finds the plat and supplemental information conform to the tentative plan as approved, the chairperson 
of the Planning Commission shall sign the plat and forward it to the City Council for review of any 
offers of dedication. 
(Ord. 591, passed 6-23-2003) 
§ 153.08 FILING OF PLAT, TIME LIMIT. 

Approval of the plat by the city, as provided by this chapter, shall be conditioned on its prompt 
recording. The subdivider shall, without delay, submit the plat to the County Assessor and the county 
governing body for signatures, as required by O.R.S. 92.100. Approval of the plat shall be null and void 
if the plat is not recorded within 30 days after the date the last required approving signature has been 
obtained. 
(Ord. 591, passed 6-23-2003) 

§ 153.09 MAJOR AND MINOR PARTITIONING. 

A major or minor partition shall be processed as follows: 

(A) Submission of tentative plan. There shall be submitted to the City Manager the filing fee, and 
ten oversized copies, or more if requested or one 11 x 17 copy, of the tentative plan of the partition. The 
City Manager shall check it for completeness as per § 153.03. Once the application is deemed complete, 
the City Manager shall process the land use action as identified in §§ 154.170 through 154.191. The 
2021 S-2 


Subdivision Code 

partitioner shall also submit the tentative plan to those special districts and agencies specified by the city 
or otherwise requested. The tentative plan shall be 11 x 17 inches in size and contain the following 
information: 

(1) The date, northpoint, scale and sufficient description to define the location and boundaries 
of the tract to be partitioned and its location. 
(2) The name and address of the record owner and of the person who prepared the tentative 
plan. 
(3) The City Manager may require a listing of the names and addresses of all adjacent property 
owners. 
(4) Approximate acreage of the land under a single ownership or, if more than one ownership 
is involved, the total contiguous acreage of the landowners directly involved in the partitioning. 
(5) For land adjacent to and within the tract to be partitioned, the locations, names and existing 
widths of streets; location, width and purpose of other existing easements; and location and size of sewer 
and waterlines and drainage ways and the location of power poles. 
(6) Outline and location of existing buildings to remain. 
(7) Parcel layout, showing size and relationship to existing or proposed streets and utility 
easements. 
(8) Location of areas subject to inundation by storm water; location, width and direction of 
flow of all water courses, with notation as to whether each water course is continuous or intermittent, 
and such other information required to comply with the city's floodplain development ordinance and 
standards as codified in §§ 154.100 through 154.105. 
(9) Such additional information as requested by the City Manager including, but not limited 
to, contours and natural features. 
(B) City Manager approval. The City Manager shall give its approval to the tentative plan as 
submitted, as it may be modified or conditioned, or disapprove the tentative plan, and in all cases, 
expressing its reasons for the action taken, or may continue the hearing. The plan shall be evaluated for 
conformance to this and other city ordinances, city policies, standards and specifications, and the 
comprehensive plan. The City Council shall review any offers of dedication. 
(C) Approved document. The action of the City Manager shall be noted on two copies of the 
tentative plan, including reference to any attached documents describing any conditions. One copy shall 
be returned to the partitioner and one copy retained by the City Manager. 
2021 S-2 


Winston -Land Usage 

(D) Appeal. Any person aggrieved by a decision of the City Manager on the tentative plan may 
appeal the decision to the Planning Commission in writing within 14 days of the decision. Appeals to 
decisions made under the provisions of this chapter shall follow the procedures for appeals established 
in §§ 154.170 through 154.191. City Council decisions for discretionary permits may be appealed to the 
Land Use Board of Appeals (LUBA), as provided for in O.R.S. 227.180(3). 
(E) Final map. The final map to be recorded shall show the right-of-way lines of streets and lot lines 
with dimensions, bearings and radii, arcs, points of curvature, lengths and bearings of tangents and 
chords. All bearings and angles shall be shown to the nearest ten seconds; all dimensions to the nearest 
0.01 foot, and the location and description of all permanent reference monuments set or found shall be 
shown. All lot corners shall be marked with monuments as provided in O.R.S. 92.060. 
(F) Certificate. Included with the final map to be recorded shall be a certificate by the City Engineer 
or City Manager certifying that the partitioner has complied with one of the following alternatives: 
(1) All improvements have been installed in accordance with the requirements of these 
regulations as specified in §§ 153.09 through 153.12 and §§ 153.15 through 153.17, and with the action 
of the City Manager giving approval of the map; or 
(2) An improvement agreement and security as specified in §§ 153.19 and 153.20 have been 
submitted; or 
(3) An agreement has been signed by the property owner agreeing to sign any and all waivers, 
petitions, consents and all other documents necessary to obtain the improvements under any proposed 
or adopted improvement act and agreeing to waive all rights to remonstrate against such improvements, 
but not the right to protest the amount and manner of spreading the assessment thereof. Such agreement 
shall run with the land therein described. 
(G) Final authorization. Following tentative approval of the minor land partition by the City 
Manager, the final partition map shall be approved if found to be in accordance with all applicable 
ordinances, rules, statutes and any special conditions placed on the partition by the City Manager. The 
partition shall become final upon signature by the City Manager, County Surveyor, and county officers. 
The final partition map shall be recorded within 90 days after the date the last required approving 
signature has been obtained or the map shall be null and void. 
(H) County Surveyor fee. The partitioner shall pay a fee to the County Surveyor for checking 
partition maps and such fee shall be established by the County Surveyor. 
(Ord. 591, passed 6-23-2003) 
2021 S-2 


Subdivision Code 

§ 153.10 DESIGN STANDARDS AND PRINCIPLES OF ACCEPTABILITY. 

The subdivision or partition shall be in conformity with the comprehensive plan, and shall take into 
consideration any preliminary studies thereon or applying thereto. The subdivision or partition shall 
conform with the requirements of state laws, this and other city ordinances, standards and specifications. 
(Ord. 591, passed 6-23-2003) 

§ 153.11 STREET AND SIDEWALKS. 

(A) General. The location, width and grade of streets shall be considered in their relation to existing 
and planned streets, to topographical conditions, to public convenience and safety, and in their 
appropriate relation to the proposed use of the land to be served by such streets. 
(B) Creation of streets. 
(1) The Planning Commission may approve the creation of a street to be established by deed 
without full compliance with these regulations provided such conditions as are necessary to preserve the 
objectives of the standards of this chapter are accepted and provided either of the following conditions 
exists: 
(a) The establishment of such street is initiated by the City Council or Board of 
Commissioners and is declared essential for the purpose of general traffic circulation and the partitioning 
of land is an incidental effect rather than the primary objective of the creation. 
(b) The tract in which the street is to be dedicated is an isolated ownership of one acre or 
less. The creation of all other streets shall be in conformance with requirements for subdivision, except 
as provided in division (C) below. 
(C) Creation of ways. The Planning Commission or City Manager may approve an easement-of-way 
to be established by deed without full compliance with these regulations provided such an easement is 
the only reasonable method by which a portion of a lot large enough to warrant partitioning into two 
parcels may be provided with access. If the existing lot is large enough so that more than two parcels 
not having frontage on an existing street may be created, an easement-of-way will not be acceptable and 
a street must be dedicated. 
(D) Minimum right-of-way and roadway widths. Unless otherwise adopted in the transportation 
system plan, the width of streets and roadways shall not be less than the minimum shown in the tables 
and illustrations in Appendices A through F of this chapter. 
(E) Reserve strips. Reserve strips or street plugs controlling the access to streets will not be 
approved unless such strips are necessary for the protection of the public welfare or of substantial 
property rights, or both, and in no case unless the control and disposal of the land composing such strips 
is placed definitely within the jurisdiction of the city under conditions approved by the Planning 
Commission. 
2021 S-2 


Winston -Land Usage 

(F) Alignment. All streets shall, as far as practical, be in alignment with existing streets by 
continuations of the center lines thereof. 
(G) Future extensions of streets. Where a land decision adjoins unplatted acreage, streets, which in 
the opinion of the division of the unplatted acreage, will be required to be provided through to the 
boundary lines of the tract. Reserve strips and street plugs may be required to preserve the objectives 
of street expansions. 
(H) Intersection angles. Streets shall intersect one another at an angle as near to a right angle as 
practical, and no intersections of streets at angles of less than 60 degrees will be approved unless 
necessitated by topographic conditions. When intersections of other than 90 degrees are unavoidable, 
the right-of-way lines along the acute angle shall have a minimum corner radius of 15 feet, provided, 
however, that all right-of-way lines at intersections with arterial streets shall have a corner radius of not 
less than 20 feet. 
(I) Existing streets. Whenever existing streets adjacent to or within a tract are of inadequate width, 
additional right-of-way and improvement to city standards shall be provided at the time of subdivision. 
(J) Half streets. Half streets, while generally not acceptable, may be approved where essential to 
the reasonable development of the subdivision, when in conformity with the other requirements of these 
regulations, and when the Planning Commission finds it will be practical to require the dedication of the 
other half when the adjoining property is subdivided, the other half of the street shall be platted within 
such tract. Reserve strips and street plugs may be required to preserve the objectives of half streets. 
(K) Cul-de-sacs. A cul-de-sac shall be as short as possible and shall in no event be more than 300 
feet long. All cul-de-sacs shall terminate with a circular turn-around with a minimum radius of 50 feet. 
(L) Grades and curves. Grades shall not exceed 6% on major or secondary arterials, 10% on 
collector streets, or 15% on any other street. In flat areas, allowance shall be made for finished street 
grades having a minimum slope of ½%. Center line radii of curves shall not be less than 300 feet on 
primary arterials, 200 feet on secondary arterials, or 100 feet on other streets. 
(M) Marginal access streets. Where a subdivision abuts or contains an existing or proposed arterial 
street, the Planning Commission may require marginal access streets, reverse frontage lots with suitable 
depth, screen planting contained in a non-access reservation along the rear property line, or such other 
treatment as may be necessary for adequate protection of residential properties and to afford separation 
of through and local traffic. 
(N) Alleys. Alleys shall be provided in commercial and industrial districts unless other permanent 
provisions for access to off-street parking and loading facilities are made as approved by the Planning 
Commission. 
(O) Sidewalks. 
2021 S-2 


Subdivision Code 

(1) Except as provided in division (2), below, sidewalks shall be installed adjacent to the curb 
in all residential and commercial partitions or subdivisions. The Planning Commission or City Manager 
may in residential zones, where special circumstances prohibit a standard sidewalk, reduce the width of 
sidewalks as long as the width is not less than four and one-half feet; for commercial zones the width 
shall be not less than eight feet. 
(2) Where the location and grade of the sidewalk in a partition cannot practically be 
determined, either a waiver shall be signed for such improvements or the developer shall deposit with 
the city an amount estimated to be the actual cost of the installation. Such a waiver shall state the 
sidewalks will be installed upon demand by the city. 
(P) Curbs and gutters. 
(1) Except as provided in division (2) below, concrete curbs and gutters shall be installed along 
all public streets. Rolled curbs shall be installed along all private drives serving more than one lot 
approved in accordance with this chapter. 
(2) Where the location and grade of the curb and gutter in a partition cannot practically be 
determined, either a waiver shall be signed for such improvements or the developer shall deposit with 
the city an amount estimated to be the actual cost of the installation. Such a waiver shall state the curbs 
and gutters will be installed upon demand by the city. 
(Ord. 591, passed 6-23-2003) 
§ 153.12 BLOCKS. 

(A) General. The lengths, widths and shapes of blocks shall be designed with due regard to 
providing adequate building sites available to the special needs of the type of use contemplated, needs 
for convenient access, traffic circulation, control and safety of street traffic, and limitations and 
opportunities of topography. 
(B) Sizes. Blocks shall not exceed 1,200 feet in length, except blocks adjacent to arterial streets, or 
unless the previous adjacent layout or topographical conditions justify a variation. The recommended 
minimum distance between intersections on arterial streets is 1,800 feet. 
(C) Easements. 
(1) Utility lines. Easements for electric lines or other public utilities may be required. 
Easements for utilities shall be a minimum of ten feet in width, may be centered on rear or side lot or 
parcel lines or along the front setback. Tieback easements centered on the lot or parcel line six feet by 
20 feet long shall be provided for utility poles along lot or parcel lines at change of direction points of 
easements. 
2021 S-2 


Winston -Land Usage 

(2) Water courses. Where a land division is traversed by a water course, drainage way, channel 
or stream, there shall be provided a storm water easement or drainage right-of-way conforming 
substantially with the lines of such water course, and such further width as will be adequate for the 
purpose. Streets parallel to major water courses may be required. 
(Ord. 591, passed 6-23-2003) 
§ 153.13 LOTS OR PARCELS. 

(A) Size and shape. The lot or parcel size, width, shape and orientation shall be appropriate for the 
location of the land division and for the type of development and use contemplated. 
(B) Minimum lot or parcel sizes. Lot or parcel sizes shall conform with requirements of the city 
zoning ordinances in effect at the date of application for land division. 
(C) Lot or parcel side lines. The side lines of lots or parcels shall run at right angles to the street 
upon which the lots or parcels face, as far as practicable, provided, however, that on curved streets they 
shall be radial to the curve as far as practicable. 
(D) Resubdivision. In subdividing tracts into large lots or parcels which at some future time are 
likely to be resubdivided, the location of lot or parcel lines and other details of the layout shall be such 
that resubdivision may readily take place without interfering with the orderly development of streets. 
Restriction of building locations in relationship to future street right-of-way shall be made a matter of 
record if the Planning Commission considers it necessary. 
(Ord. 591, passed 6-23-2003) 
§ 153.14 PUBLIC OPEN SPACES. 

(A) Due consideration shall be given by the subdivider to the allocation of suitable areas for schools, 
parks and playgrounds to be dedicated for public use. 
(B) Where a proposed park, playground, school or other public use shown in the comprehensive 
plan is located in whole or in part in a subdivision, the Planning Commission may request the dedication 
or reservation of such area within the subdivision in those cases in which the Planning Commission 
deems such requirements to be reasonable. 
(Ord. 591, passed 6-23-2003) 
§ 153.15 PRESERVATION OF NATURAL FEATURES. 

(A) In order to preserve the natural amenities of the city, land clearing and grading should, as much 
as feasible, retain existing trees. Existing trees may be removed when the trunk of any tree over six 
inches in diameter measured four feet above the ground level is: 
2021 S-2 


Subdivision Code 

(1) Inside or within four feet of any proposed exterior wall; 
(2) In an area needed for parking or access and such area cannot be easily located elsewhere; 
(3) Diseased, or weakened in such a manner as to cause imminent danger to persons or 
property; 
(4) Adjacent to other trees which will benefit from its removal; or 
(5) A threat to existing or proposed facilities. 
(B) Riparian vegetation located along water courses and in the 100-year floodplain should, as much 
as feasible, be retained to protect the stability of the stream bank and enhance and preserve the attributes 
of the area. Replanting where vegetation was removed may be required to aid stream bank stability. All 
such vegetation in the floodway shall be preserved unless removal is necessary for flood control 
purposes. 
(Ord. 591, passed 6-23-2003) Penalty, see § 153.99 
§ 153.16 INSTALLATION OF IMPROVEMENTS. 

In addition to other requirements, improvements installed by the subdivider or partitioner, either as 
a requirement of these regulations or at his own option, shall conform to the requirements of this chapter 
and improvements standards and specifications established by the city. The improvements shall be 
installed in accordance with the following procedures: 

(A) Work shall not begin until plans have been checked for adequacy and approved by the city. All 
such plans shall be prepared by a registered engineer licensed to practice in the State of Oregon. 
(B) All such work shall be guaranteed with a form of security as specified in § 153.20. 
(C) Improvements shall be constructed under the inspection and to the reasonable satisfaction of the 
city. The city may require changes in typical sections and details if unusual conditions arising during 
construction warrant the change in the public interest. 
(D) Underground utilities installed in streets by the subdivider shall be constructed prior to the 
surfacing of the streets. Stubs for service connections shall be long enough to avoid disturbing the street 
improvements when service connections are made. 
(E) A map showing all public improvements as built shall be filed with the City Recorder upon 
completion of the improvements. 
2021 S-2 


Winston -Land Usage 

(F) All improvements must be properly inspected to demonstrate full compliance with this chapter. 
The city may require inspection report(s) from a private organization at the developer’s expense for all 
improvements to ensure they meet city standards. 
(Ord. 591, passed 6-23-2003; Ord. 21-692, passed 3-1-2021) 
§ 153.17 SPECIFICATIONS FOR IMPROVEMENTS. 

All improvements shall be constructed to current specifications and standards, as approved by the 
City Council. 
(Ord. 591, passed 6-23-2003) 

§ 153.18 REQUIRED IMPROVEMENTS. 

The following improvements are required in conjunction with a subdivision or partition. These 
improvements are required for the public interest, convenience, health, safety and welfare. 

The development of all improvements, at the size necessary to serve a subdivision or partition, are 
the responsibility of the subdivider or partitioner, regardless of zoning district, except that division (K) 
shall apply only in residential districts. The city and subdivider, or partitioner may negotiate on the size 
of public facilities necessary for the proposed development. 

(A) Water supply. Lots or parcels within a subdivision or partition shall either be served by a public 
domestic water supply system conforming to city specifications, or the lot size shall be increased to 
provide such separation of water sources and sewage disposal facilities as the Oregon State Department 
of Environmental Quality (DEQ) considers adequate for soil and water conditions. In any case, lot sizes 
in an area without a public water supply shall be adequate to maintain a separation of at least 100 feet 
between each well and sewage disposal facility, and no lot without a public water supply shall be less 
than 100 feet wide and 15,000 square feet in area. 
(B) Sewage. Lots or parcels within a subdivision or partition shall be served by a public sewage 
disposal system conforming to city specifications or the lot size shall be increased to provide sufficient 
area for a septic tank disposal system approved by the Oregon Department of Environmental Quality 
(DEQ) as being adequate for soil and water conditions and water supply. In no event shall a lot or parcel 
without a public sewer connection be less than 15,000 square feet in area. 
(C) Streets, curbs, sidewalks. Streets within a subdivision or bordering a partition shall be 
constructed according to the requirements in § 153.10. 
2021 S-2 


Subdivision Code 

(D) Underground utility and service facilities. All utility lines in subdivision or partitions including 
but not limited to, those required for electric, natural gas, communications, lighting and cable television 
services and related facilities shall be placed underground, except surface mounted transformers, surface 
mounted connections boxes and meter cabinets which may be placed aboveground, temporary utility 
service facilities during construction, high capacity electric and communication feeder lines, and utility 
transmission lines operating at 50,000 volts or above. The subdivider or partitioner shall make all 
necessary arrangements with the servicing utility to provide the underground services. Installation shall 
be according to the specification of the respective utility. 
(E) Street light fixtures. Street light fixtures shall be installed in accordance with standards adopted 
by the city, where necessary for subdivisions or partitions. 
(F) Street signs. Street name signs shall be installed at all street intersections and dead end signs 
for all cul-de-sacs in accordance with standards adopted by the city for subdivisions or partitions. Other 
signs may be required upon the recommendation of the City Engineer. 
(G) Monuments. Monuments shall be placed at all lot and block corners, angle points, points of 
curves in streets, at intermediate points and shall be of such material, size and length as required by State 
Law. Any monuments that are disturbed before all improvements are completed by the subdivider or 
partitioner shall be replaced to conform to the requirements of state law. 
(H) Fire hydrants. Fire hydrants and water mains of suitable size shall be installed according to the 
standards of Winston-Dillard Rural Fire District #5, as necessary for partitions and subdivisions. 
(I) Storm sewer. Lots or parcels within the subdivision or partition shall be built to be adequately 
served by on-site storm drainage systems without substantial off-site impact. The City Engineer may 
recommend additional on-site improvements to minimize adverse downstream impacts. 
(J) Bikeways. Subdivision and partitions approved in areas to be served by designated bikeways 
shall dedicate sufficient land for such purpose and construct same according to city standards. Bikeway 
requirements may be satisfied in conjunction with other transportation-related requirements of this 
chapter ( i.e. streets, sidewalks, pedestrian ways). 
(K) Parks. All residential subdivisions and partitions shall make provisions for community park and 
open space needs reasonably related to needs of the particular subdivision or partition. (In order to 
maintain the city's park system at current service levels, new residential developments will be subject 
to an improvement fee. The fee is based upon the replacement value of the city's park facilities and 
established by ordinance.) If suitable land exists on site, a dedication of land may be proposed and 
negotiated by the Planning Commission and the Winston Park Board, as guided by the city's public 
facilities plan and park master plan, subject to final review and approval by the City Council. 
(L) Coordination of construction. Subdivider and partitioner shall coordinate installation of 
improvements to minimize disruption of natural features of the site and maintain the integrity of 
improvements once installed (i.e. street surface). 
(Ord. 591, passed 6-23-2003) Penalty, see § 153.99 
2021 S-2 


Winston -Land Usage 

§ 153.19 IMPROVEMENT AGREEMENT. 

Where utilized in accordance with this chapter, an improvement agreement shall be executed and 
filed by a developer with the City Recorder for City Council review and approval or disapproval. The 
agreement between the developer and the city shall specify the period within which required 
improvements and repairs shall be completed and provide that, if such work is not completed within the 
period specified, the city may complete the same and recover the full cost and expense thereof, including 
legal and administration costs from the developer. Such agreement may also provide for the construction 
of the improvements in units, for an extension of time under conditions therein specified, and for the 
termination of the agreement upon the completion of proceedings under an assessment district program 
for the construction of improvements specified in said agreement. It shall also specify 10% of the bond 
amount shall be retained for one year after completion of the requirements to guarantee their 
performance. The agreement shall also provide for reimbursement to the city for the cost of inspection 
by the city which shall not exceed 10% of the cost of the improvements to be installed. 
(Ord. 591, passed 6-23-2003) 

§ 153.20 SECURITY. 

(A) Security required. Where an improvement agreement as specified in § 153.19, is utilized, 
security to assure the developer's full and faithful performance shall also be submitted to the City 
Recorder for City Council review and approval. The security shall be one of the following, to be 
approved by the city: 
(1) A surety bond executed by a surety company authorized to transact business in the State 
of Oregon approved by the City Attorney; 
(2) A cash deposit; or 
(3) Certification or letter of assurance by a bank or other reputable lending institution that 
money is being held to cover the cost of improvements and incidental expenses, and that said money will 
be released only upon the direction of the Superintendent of Public Works. 
(B) Amount. Such assurance of full and faithful performance shall be for a sum recommended by 
the City Manager and approved by the City Council as sufficient to cover the cost of the improvements 
and legal and administrative cost. 
(C) Failure to carry out agreement. In the event the developer fails to carry out provisions of the 
agreement or the city has unreimbursed costs or expenses resulting from such failure, the city shall call 
on the security for reimbursement of such costs or to carry out the improvements. If the amount of the 
bond or cash deposit is less than the cost and expense incurred by the city, the land divider shall be liable 
to the city for the difference. 
2021 S-2 


Subdivision Code 

(D) If the tentative plan that is subject to security under this section is granted an extension under 
§ 153.06, then the approved security must also be renewed or extended to equal the extended approval 
period of the tentative plan so as to assure the developer's full and faithful performance of required 
improvements. 
(Ord. 591, passed 6-23-2003) Penalty, see § 153.99 
§ 153.21 ACCEPTANCE OF IMPROVEMENTS. 

After completion of all public improvements as specified in this chapter, the City Engineer or City 
Manager shall give a report on the performance of the completion of the improvements to the Council. 
If the improvements are satisfactory, the City Council shall accept the improvements for maintenance 
and release the maintenance bond or security, if any. If the improvements are unsatisfactory, deficiencies 
shall be corrected by the developer or the city shall call on the bond or security for reimbursement. In 
such case, if the amount of the bond or security exceeds cost and expense incurred by the city, the city 
shall release the remainder and if the amount of the bond or security is less than the cost and expense 
incurred by the city, the developer shall be liable to the city for the difference. 
(Ord. 591, passed 6-23-2003) 

§ 153.22 VARIATIONS AND EXCEPTIONS. 

(A) Hardship. Where the Planning Commission finds that extraordinary hardship may result from 
strict compliance with these regulations, it may vary the regulations so that substantial justice may be 
done and public interest secured; provided that such variation will not have the effect of nullifying the 
intent and purpose of the comprehensive plan or these regulations. 
(B) Conditions. In granting variances and modifications, the Planning Commission may require such 
conditions as will, in its judgment, secure substantially the objectives of the standards or requirements 
to be varied or modified. 
(C) Circumstances for granting a variance. Any such variance request shall be heard with the 
hearing on the tentative plan. In granting a variance to provisions of this chapter, all of the following 
must be found to exist: 
(1) Exceptional or extraordinary circumstances apply to the property which do not apply 
generally to other properties in the same zone or vicinity and result from lot or parcel size or shape, 
topography or other circumstances over which the owners of property since enactment of this chapter 
have had no control. 
(2) The variance is necessary for the preservation of a property right of the applicant 
substantially the same as owners of other property in the same zone or vicinity possess. 
2021 S-2 


Winston -Land Usage 

(3) The variance would not be materially detrimental to the purposes of this chapter, or to other 
property in the zone or vicinity in which the property is located, or otherwise conflict with the objectives 
of any city plan or policy. 
(4) The variance requested is the minimum variance which would alleviate the hardship. 
(D) The Planning Commission shall express its reasons for the action taken based on division (C), 
above, this and other city ordinances, policies, standards and specifications. 
(Ord. 591, passed 6-23-2003) 
§ 153.23 APPROVAL OF ACCESS. 

No subdivision or partition shall be approved unless the access to and within the proposed division 
is also approved. Written approval must be obtained from ODOT for access onto a state highway and 
the Douglas County Public Works Department for access must provide written approval for access onto 
a county road. In granting approval, the City Manager, Planning Commission or City Council can 
require the applicant to improve the access to state, county or city standards and dedicate all such access 
to the city. 
(Ord. 591, passed 6-23-2003) Penalty, see § 153.99 

§ 153.24 VALIDITY. 

If any provision of this chapter shall for any reason be held invalid or unconstitutional by a court 
of competent jurisdiction, such judgment shall not affect the validity of the remaining portion of this 
chapter. 
(Ord. 591, passed 6-23-2003) 

§ 153.99 PENALTIES FOR VIOLATION. 

Any person offering to sell, contracting to sell or selling land contrary to the provisions of these 
subdivision regulations shall, upon conviction thereof, be guilty of a misdemeanor and be punished by 
a fine of not more than $500, or imprisonment in the city jail for not more than 100 days, or by both 
such fine and imprisonment. 
(Ord. 591, passed 6-23-2003) 

2021 S-2 


Subdivision Code 

LIST OF TABLES AND ILLUSTRATIONS 

APPENDIX A: TABLE D -MINIMUM RIGHT-OF-WAY AND ROADWAY WIDTHS. 


(Ord. 591, passed 6-23-2003) 

2021 S-2 


Winston -Land Usage 


Subdivision Code 

APPENDIX B: ILLUSTRATION 1: ARTERIALS. 


(Ord. 591, passed 6-23-2003) 
2021 S-2 


Winston -Land Usage 


Subdivision Code 

APPENDIX C: ILLUSTRATION 2: MAJOR COLLECTOR. 


(Ord. 591, passed 6-23-2003) 
2021 S-2 


Winston -Land Usage 


Subdivision Code 

APPENDIX D: ILLUSTRATION 3: RESIDENTIAL COLLECTOR. 


(Ord. 591, passed 6-23-2003) 
2021 S-2 


Winston -Land Usage 


Subdivision Code 

APPENDIX E: ILLUSTRATION 4: RESIDENTIAL. 


(Ord. 591, passed 6-23-2003) 

2021 S-2 


Winston -Land Usage 


Subdivision Code 

APPENDIX F: ILLUSTRATION 5: LOCAL ACCESS WAY. 


(Ord. 591, passed 6-23-2003) 

2021 S-2 


Winston -Land Usage 


CHAPTER 154: ZONING CODE 

Section 

Introductory Provisions 

154.001 Title 
154.002 Definitions 
General Provisions 

154.010 Intent 
154.011 Compliance with ordinance provisions 
154.012 Interpretation 
154.013 Restrictiveness 
154.014 Severability 
154.015 Minor text corrections 
Establishment of Zones 

154.020 Classification of zones 
154.021 Zoning map 
154.022 Zoning of annexed areas 
154.023 Zone boundaries 
154.024 Zone change 
154.025 Criteria for zone change 
154.026 Conditions relative to the approval of zone change 
154.027 Grant of authority for zone change 
Zoning Classifications 

154.030 Agriculture/Open Space (A-O) 
154.031 Residential Low Density Zone (R-L) 
154.032 Residential Medium Density Zone (R-M) 
154.033 Residential High Density Zone (R-H) 
154.034 Public Reserve Zone (PR) 
154.035 Special Historic Commercial Zone (C-SH) 
154.036 Office-Professional Commercial Zone (C-OP) 
154.037 Highway-Commercial Zone (C-H) 
154.038 General Commercial Zone (C-G) 
154.039 Industrial Limited Zone (M-L) 
154.040 Industrial General Zone (M-G) 
2021 S-2 81 


Winston -Land Usage 

154.041 Planned Unit Development Zone (PUD) 
154.042 Steep Slopes Overlay Zone SSO 
154.043 Large Lot Overlay Zone LLO 
Supplementary Provisions 

154.055 Access 
154.056 General provisions regarding accessory uses 
154.057 Clear-vision areas 
154.058 Grading 
154.059 Off-street parking requirements 
154.060 Off-street loading and drive-up uses 
154.061 General provisions/off-street parking and loading 
154.062 Parking area location 
154.063 Parking area and driveway design 
154.064 Common parking facilities for mixed uses 
154.065 Parking area improvements 
154.066 Parking and landscaping plan submittal requirements 
154.067 Parking area screening 
154.068 Parking area landscaping and buffering 
154.069 Accessible parking 
154.070 Variance for parking/landscaping reductions 
154.071 Parking 
154.072 Development standards 
154.073 Signs purpose and intent 
154.074 Definitions 
154.075 Off premise sign 
154.076 Exempt signs 
154.077 Prohibited signs 
154.078 Permit procedures 
154.079 Standards and criteria 
154.080 Nonconforming signs 
154.081 Exterior lighting 
154.082 Manufactured homes 
154.083 Projections from buildings 
154.084 General exceptions to lot size requirements 
154.085 General exceptions to yard requirements 
154.086 General exceptions to building height limitations 
154.087 Riparian habitat setbacks 
154.088 Beekeeping 
154.089 Manufactured home parks 
154.090 Standards for auto wrecking yards, junk yards, and automobile towing businesses 
154.091 Property line adjustment 
2021 S-2 


Zoning Code 

Floodplain Development 

154.100 Finding of fact 
154.101 Statement of purpose 
154.102 Methods of reducing flood losses 
154.103 General provisions 
154.104 Administration 
154.105 Provisions for flood hazard protection 
154.106 Provisions for flood hazard reduction 
154.107 Provisions for construction in the floodplain 
154.108 Below-grade crawl spaces 
154.109 Before regulatory floodway 
Conditional Use Permit 

154.115 Purpose 
154.116 Authorization to grant or deny conditional uses 
154.117 Procedure for taking action on a conditional use application 
154.118 Time limit on a permit for a conditional use 
154.119 Revocation of a permit for a conditional use 
Variances 

154.125 Authorization to grant or deny variances 
154.126 Circumstances for granting a variance 
154.127 Procedure for taking action on a variance application 
154.128 Time limit on a permit variance 
154.129 Family hardship variance (temporary use of mobile home) 
154.130 Revocation of authorization 
Amendments 

154.140 Purpose 
154.141 Authorization to initiate amendments 
154.142 Application and hearing dates 
154.143 Application form, content, amendment standards 
154.144 Notice 
154.145 Public hearing by Planning Commission 
154.146 Public hearing by City Council 
154.147 Decision of City Council 
154.148 Conditions of approval 
154.149 Appeal 
154.150 Record of amendments 
154.151 Limitation 
2021 S-2 


Winston -Land Usage 

Nonconforming Uses 

154.160 Continuation of a nonconforming use or structure 
154.161 Discontinuance of a nonconforming use 
154.162 Change of nonconforming use 
154.163 Destruction of nonconforming use or structure 
154.164 Expansion of nonconforming residential use 
Development Approval Procedures 

154.170 Purpose 
154.171 Review process 
154.172 Form of petitions, applications, and appeals 
154.173 Authorization of similar uses 
154.174 Coordination of development approval 
154.175 Who may apply 
154.176 Pre-application conference 
154.177 Application 
154.178 Fee to accompany annexation petitions 
154.179 Land use actions 
154.180 Notice 
154.181 Contents of notice 
154.182 Establishment of party status 
154.183 Hearing procedure 
154.184 Quasi-judicial hearings/challenges to impartiality 
154.185 Official notice 
154.186 Record of proceeding 
154.187 Decision 
154.188 Appeals of City Manager decision 
154.189 Review of the decision of the Planning Commission 
154.190 Review by the City Council 
154.191 Amendments to land use actions 
Remedies 

154.200 Alternative remedy 
Historical Review 

154.210 Review for registered historic resources 
154.211 Historic resources 
154.212 Exterior remodeling or alteration of historic structures 
154.213 Demolition of historic structures or new construction of historic sites 
154.214 Guidelines for exterior alteration of a historic building 
2021 S-2 


Zoning Code 

154.999 Penalty 
INTRODUCTORY PROVISIONS 

§ 154.001 TITLE. 

This chapter shall be known as the Winston zoning ordinance. 
(Ord. 590, passed 6-23-2003) 

§ 154.002 DEFINITIONS. 

(A) Words used in the present tense include the future; the singular includes the plural; and the word 
"shall" is mandatory and not discretionary. Whenever the term "this chapter" is used herewith, it shall 
be deemed to include all amendments hereto as may hereafter from time to time be adopted. 
(B) For the purposes of this chapter, unless otherwise specifically provided, certain words, terms 
and phrases are defined as follows: 
ABUTTING. Adjoining with a common boundary line, except that where two or more lots 
adjoin only at a corner or corners, they shall not be considered as abutting if the common property line 
between the two parcels measures less than eight feet in a single direction. 

ACCESS. The way or means by which pedestrians and vehicles enter and leave property. 

ACCESS EASEMENT. A private street which is part of the lot, parcel or unit of land providing 
access to one or more lots, parcels or units of land. 

ACCESSORY USE or ACCESSORY STRUCTURE. A use or structure incidental and 
subordinate to the main use of the property and located on the same lot as the main use. No building shall 
be considered accessory if it is the only building on a lot, parcel or unit of land. 

ADJUSTED LOT. A unit of land created by a property line adjustment. Once created, the term 
ADJUSTED LOT is synonymous with LOT and PARCEL for purposes of this chapter. 

ADMINISTRATIVE ACTION. A proceeding pursuant to this chapter in which the legal rights, 
duties or privileges of specific parties are determined by the City Manager, and any appeal or review 
thereof. 

ALLEY. A public or private way which affords only a secondary means of access to property. 

APPEAL. A request for a review of the interpretation of any provision of this chapter or a 
request for a variance. 

2021 S-2 


Winston -Land Usage 

AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject 
to a 1% or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map 
(FIRM) as Zone A, AO, AH, A1-30, AE, A99, AR. SPECIAL FLOOD HAZARD AREA is 
synonymous in meaning and definition with the phrase AREA OF SPECIAL FLOOD HAZARD. 

AREA OF SHALLOW FLOODING. A designated Zone AO, AH, AR/AO or AR/AH (or VO) 
on a community’s Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding 
to an average depth of one to three feet where a clearly defined channel does not exist, where the path 
of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by 
ponding or sheet flow. 

AUTOMOBILE REPAIR GARAGE. A use providing for the major repair and maintenance of 
motor vehicles, and including any mechanical and body work, straightening of body parts, painting, 
welding, or temporary storage of motor vehicles pending such repair or maintenance. 

AUTOMOBILE SERVICE STATION. A use providing for the retail sale of motor fuels, 
lubricating oils and vehicle accessories, and including the servicing and repair of motor vehicles as an 
accessory use, but excluding all other sales and services except the sale of minor convenience goods for 
service station customers as accessory and incidental to the principal operation. Uses permitted at an 
automobile service station shall not include major mechanical and body work, straightening of body 
parts, painting, welding, tire recapping, storage of motor vehicles not in operating condition, or other 
work generating noise, glare, fumes, smoke or other characteristics to an extent greater than normally 
found in service stations. An automobile service station shall not be deemed to include a repair garage 
or a body shop. 

AUTOMOBILE WRECKING YARD. An area of land used for the dismantling and/or wrecking 
of used motor vehicles, machinery, or trailers; or the storage or sale of dismantled, obsolete, or wrecked 
motor vehicles, machinery, or trailers or their parts; or the storage of vehicles unable to be moved under 
the power of the vehicle. 

BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. 

BASE FLOOD ELEVATION (BFE). The elevation to which floodwater is anticipated to rise 
during the base flood. 

BASEMENT. Any area of the building having its floor subgrade (below ground level) on all 
sides. 

BEE. Any stage of development of the common domestic honey bee, Apis mellifera species. 

BEEKEEPER. A person owning, possessing or controlling one or more colonies of bees. 

2021 S-2 


Zoning Code 

BELOW-GRADE CRAWL SPACE. An enclosed area below the base flood elevation in which 
the interior grade is not more than two feet below the lowest adjacent exterior grade and the height, 
measured from the interior grade of the crawlspace to the top of the crawlspace foundation, does not 
exceed four feet at any point. 

BOARDING HOUSE. A single family dwelling where lodging and meals are provided to 
guests, for compensation, for time periods of at least 16 consecutive nights. 

BUILDING. A structure having a roof and comprised of typical construction materials built for 
the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. Where this 
chapter requires or where special authority granted pursuant to this chapter requires that a use shall be 
entirely enclosed within a building, this definition shall be qualified by adding “and enclosed on all 
sides.” 

CARE. The provision of room and board and services providing assistance to the resident with 
personal care and activities of daily living, provision of protection, transportation, or recreation and 
assistance in the time of crisis. 

CARPORT. A stationary structure consisting of a roof with its supports and no more than two 
walls or storage cabinets substituting for walls used for sheltering a motor vehicle. 

CEMETERY. Land used or intended to be used for the burial of the dead, and dedicated for 
cemetery purposes; including crematories, mausoleums and mortuaries, when operated in conjunction 
with and within the boundary of such cemetery. 

CHILD. A person under 15 years of age. 

CHURCH. A building, together with its accessory buildings and uses, where persons regularly 
assemble for worship, and which building, together with its accessory uses, is maintained and controlled 
by a religious body organized to sustain public worship. 

CITY MANAGER. The person designated by the City Council to act as administrator of this 
chapter, or such person as the administrator designates. 

CLINIC. A facility conducted by one or more physicians, dentists, or other licensed medical 
practitioners for the treatment and examination of outpatients. 

CLUB. A building and facilities owned or operated for a social, educational, or recreational 
purpose, to which membership is required for participation and which is not operated primarily for profit 
nor to render a service which is customarily carried only by a business. A club does not include a public 
rehabilitation facility of any kind. 

COLONY. A bee hive and its equipment and appurtenances, including one queen, bees, comb, 
honey, pollen and brood. 

2021 S-2 


Winston -Land Usage 

COMMUNICATION FACILITY. A facility constructed for the purpose of transmitting 
telegraph, telephone, microwave, television, radio and other similar signals. 

COMMUNITY CENTER or HALL. A facility owned and operated by a governmental agency 
or a non-profit community organization which is open to any resident of the district or neighborhood in 
which the facility is located or to any resident of the city, provided that the primary purpose of the 
facility is for recreation, social welfare, community improvement, or public assembly. 

COMPREHENSIVE PLAN. The generalized, coordinated land use map and policy statement 
for the urban area that interrelates all functional and natural systems and activities relative to the use of 
lands, including but not limited to sewer and water systems; transportation systems, recreational 
facilities, and natural resources and air and water quality management programs. 

CONDOMINIUM. A structure meeting the city's definition of a multi-family dwelling and 
including all easements, rights and appurtenances belonging to the property. The condominium is created 
via the process outlined in current state statutes. 

CONTIGUOUS. Touching at least one point or that which would be so except it is separated 
only by a public right-of-way or a body of water. 

COUNCIL. The City Council of Winston, Oregon. 

CRITICAL FACILITY. A facility for which even a slight chance of flooding might be too great. 
Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and 
emergency response installations, installations which produce, use or store hazardous materials or 
hazardous waste. 

DAY CARE. Supervision provided to a child during a part of the 24-hours of the day, with or 
without compensation. Day care does not include care provided: by the child's parent, guardian, or 
person acting in loco parentis; by providers of medical services, in the home of the child; by a person 
related to the child by blood or marriage within the fourth degree as determined by civil law; on an 
occasional basis; or by a school. 

DAY CARE CENTER. A facility which provides day care for 13 or more children. 

DAY CARE GROUP HOME. A facility which provides day care for six or more full-time 
children with a maximum of 12 full or part-time children. 

DAY NURSERY. Any institution, establishment, or place in which are commonly received at 
one time, three or more children not of common parentage, under the age of six years, for a period or 
periods not exceeding 12 hours, for the purpose of being given board, care or training apart from their 
parents or guardians for compensation or reward. 

DENSITY. The number of dwelling units to be contained within a specified land area. 

2021 S-2 


Zoning Code 

DESTINATION RESORT. A self-contained development providing visitor-oriented 
accommodations and developed recreational facilities in a setting with high natural amenities. A proposed 
development must meet the following standards: 

(a) The resort will be located on a site of 20 acres or more; 
(b) At least 25 but not more than 75 units of overnight lodging shall be provided; and 
(c) Restaurant and meeting rooms with at least one seat for each unit of overnight lodging 
shall be provided. 
DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but 
not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or 
drilling operations or storage of equipment or materials. Except when in conjunction with other 
development, installation of less than 3,000 square feet of asphalt or other impervious paving surfaces 
shall not be included in this definition. 

DUPLEX. See DWELLING, TWO-FAMILY (DUPLEX). 

DWELLING. A building or portion thereof which is occupied in whole or in part as a home, 
residence, or sleeping place, either permanently or temporarily, excluding hotels and motels. 

DWELLING, MULTI-FAMILY. A building or portion thereof, designed for occupancy by 
three or more families living independently of each other, with the number of families in residence not 
exceeding the number of dwelling units provided. 

DWELLING, SINGLE-FAMILY. A detached building, other than a trailer house, designed for 
and occupied by not more than one family which either: 

(a) Has passed inspection for compliance with the State of Oregon Uniform Building Code 
(UBC) standards; or 
(b) Is a manufactured home constructed after June 15, 1976, which also meets all of the 
following standards: 
1. The manufactured home shall be multi-sectional and enclose a space of not less 
than 1,000 square feet; 
2. The manufactured home shall be placed on an excavated and backfilled foundation 
and enclosed at the perimeter such that the manufactured home is located not more than 18 inches above 
grade. 
3. The manufactured home shall have a pitched roof with a slope of at least a nominal 
three feet in height for each 12 feet in width. 
2021 S-2 


Winston -Land Usage 

4. The manufactured home shall have exterior siding and roofing which in color, 
material and appearance is similar to the exterior siding and roofing material commonly used on 
residential dwellings within the community or which is comparable to the predominant materials used 
on surrounding dwellings as determined by such a person as the City Manager may direct. 
5. The manufactured home shall be certified by the manufacturer to have an exterior 
thermal envelop meeting requirements specified by the National Manufactured Housing Construction and 
Safety Standards Act, in effect at the time the manufactured home was constructed. 
6. Unless inconsistent with the above, the manufactured home and the lot upon which 
it is sited shall also be subject to all other development standards, architectural requirements and 
minimum size requirements to which a conventional single-family residential dwelling on the same lot 
would be subject. 
(c) Exempt from these standards is the family hardship variance according to § 154.129 
allowing the following special requirements for such: 
1. The manufactured home shall enclose a space of not less than 900 square feet and 
at least 14 feet in width; 
2. The manufactured home may be placed on concrete pads or crushed rock pad and 
skirted within 45 days of the placement. It shall be equipped with skirting which in design, color and 
texture appears to be an integral part of the adjacent exterior wall of the manufactured home, unless the 
manufactured home is anchored to a permanent, continuous concrete or block foundation, or both. 
Nonporous skirting material shall be such that there are no gaps or openings between the unit and the 
ground, except for windows and vents. Porous skirting material shall extend from the manufactured 
home to within, but not closer than, six inches from the ground to prevent dry rot. 
3. No placement permit shall be issued for a manufactured home that does not exhibit 
the Oregon Department of Commerce "Insignia of Compliance." 
DWELLING, TWO-FAMILY (DUPLEX). A building designed or used exclusively for the 
occupancy of two families living independently of each other, and having separate housekeeping facilities 
for each family, and passing inspection for compliance with the State of Oregon Uniform Building Code 
standards. This definition shall not include mobile homes and manufactured dwellings. 

DWELLING UNIT. A building, or portion thereof occupied in whole or in part as a home, 
residence or sleeping place, either permanently or temporarily, excluding hotels and motels, designed 
for occupancy by one family unit. 

ELEVATED BUILDING. For insurance purposes, a nonbasement building which has its lowest 
elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or 
columns. 

2021 S-2 


Zoning Code 

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home 
park or subdivision for which the construction of facilities for servicing the lots on which the 
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the 
construction of streets, and either final site grading or the pouring of concrete pads) is completed before 
the effective date of floodplain management regulations adopted by the community. 

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The 
preparation of additional sites by the construction of facilities for servicing the lots on which the 
manufactured homes are to be affixed (including the installation of utilities, the construction of streets, 
and either final site grading or the pouring of concrete pads). 

FAMILY. An individual or two or more persons related by blood, marriage, legal adoption, or 
legal guardianship living together as one housekeeping unit using one kitchen, and providing meals or 
lodging to not more than two additional persons, excluding servants; or a group of not more than five 
unrelated persons living together as one housekeeping unit using one kitchen; or a group of six or more 
persons living together as one housekeeping unit using one kitchen, if said persons are handicapped 
persons as defined in the Federal Fair Housing Amendments Act of 1988. 

FAMILY DAY CARE HOME. A facility which provides day care in the home of the provider 
to fewer than 13 children, including children of the provider, regardless of full time or part time status. 

FAMILY DAY CARE PROVIDER. For the purposes of this chapter, the terms FAMILY DAY 
CARE HOME and FAMILY DAY CARE PROVIDER shall be synonymous. See FAMILY DAY CARE 
HOME. 

FAMILY HARDSHIP DWELLING. A mobile home used temporarily during a family hardship 
situation, pursuant to § 154.129, when an additional dwelling is allowed to house aged or infirm persons 
or persons physically incapable of maintaining a complete separate residence apart from their family. 

FISH AND WILDLIFE MANAGEMENT. The protection, preservation, propagation, 
promotion and control of wildlife by either public or private agencies or individuals. 

FLOOD/FLOODING. 

(a) A general and temporary condition of partial or complete inundation of normally dry 
land areas from: 
1. The overflow of inland or tidal waters; or 
2. The unusual and rapid accumulation of runoff of surface waters from any source; 
or 
2021 S-2 


Winston -Land Usage 

3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined 
in division (a)2. of this definition and are akin to a river of liquid and flowing mud on the surfaces of 
normally dry land areas, as when earth is carried by a current of water and deposited along the path of 
the current. 
(b) The collapse or subsidence of land along the shore of a lake or other body of water as 
a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical 
levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by 
a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, 
or by some similarly unusual and unforeseeable event which results in flooding as defined in division 
(a)1. of this definition. 
FLOOD ELEVATION STUDY. An examination, evaluation and determination of flood hazards 
and, if appropriate, corresponding water surface elevations, or an examination, evaluation and 
determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. 

FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal Insurance 
Administrator has delineated both the special hazard areas and the risk premium zones applicable to the 
community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map 
(DFIRM). 

FLOOD INSURANCE STUDY (FIS). See FLOOD ELEVATION STUDY. 

FLOODWAY. The channel of river or other watercourse and the adjacent land areas that must 
be reserved in order to discharge the base flood without cumulatively increasing the water surface 
elevation more than a designated height. Also referred to as REGULATORY FLOODWAY. 

FLOODWAY FRINGE. That area which is outside of the floodway of the watercourse, but is 
subject to periodic inundation. 

FLOOD PROTECTION. A combination of structural provisions, changes, or adjustment to 
properties and structures subject to flooding primarily for the reduction or elimination of flood damages 
to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area. 

FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building, 
measured from the exterior faces of the exterior walls, or from the center line of walls separating two 
buildings, but not including: 

(a) Attic space providing head room of less than seven feet. 
(b) Basement, if the floor above is less than six feet. 
(c) Uncovered steps or fire escapes. 
(d) Private garages, carports, or porches. 
2021 S-2 


Zoning Code 

(e) Accessory water towers or cooling towers. 
(f) Accessory off-street parking or loading spaces. 
FOSTER HOME. Any family home or facility in which 24-hour care is provided for five or 
fewer persons who are not related to the provider by blood or marriage. See RESIDENTIAL HOME. 

FUNCTIONALLY DEPENDENT USE. A use which cannot perform its intended purpose 
unless it is located or carried out in close proximity to water. The term includes only docking facilities, 
port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building 
and ship repair facilities, and does not include long term storage or related manufacturing facilities. 

GARAGE, PRIVATE PARKING. A publicly or privately-owned structure having one or more 
tiers or heights used for the parking of automobiles for the tenants, employees, or owners of the property 
for which the parking spaces contained in or on said garage as required by this chapter, and which is not 
open for any use by the general public. 

GARAGE, PUBLIC PARKING. A publicly or privately-owned structure having one or more 
tiers or heights used for the parking of automobiles and open garages may include parking spaces for 
customers, patrons or clients which are required by this chapter, providing said parking spaces are 
clearly identified as free parking space(s) for the building or use which is required to provide said 
space(s). 

GOVERNING BODY. The City Council of the City of Winston, Oregon. 

GRADE (GROUND LEVEL). The average elevation of the finished ground level at the centers 
of all walls of a building except that if a wall is parallel to, and within five feet of a sidewalk, the 
sidewalk elevation nearest the center of the wall shall constitute the ground level. 

HABITABLE FLOOR. Any floor usable for living purposes, which includes working, sleeping, 
eating, cooking, or recreation, or a combination thereof. A basement, as that word is defined in the 
Oregon State Structural Specialty Code and Fire and Life Safety Code, is a habitable floor. 

HARDSHIP. A substantial injustice which deprives the landowner of beneficial use of his land. 
HARDSHIP applies to the property itself, including structures, and not to the owner or applicant, and 
is applicable to property which is unique or unusual in its physical characteristics so that the regulations 
render the property substantially unusable. 

HEIGHT OF A BUILDING. The vertical distance to the highest point of the coping of a flat 
roof, to the deck line of a mansard roof, or to the center height between the highest and lowest points 
on the other types of roofs. 

HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to 
construction next to the proposed walls of a structure. 

2021 S-2 


Winston -Land Usage 

HISTORIC STRUCTURE. Any structure that is: 

(a) Listed individually in the National Register of Historic Places (a listing maintained by 
the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the 
requirements for individual listing on the National Register; 
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing 
to the historical significance of a registered historic district or a district preliminarily determined by the 
Secretary to qualify as a registered historic district; 
(c) Individually listed on a state inventory of historic places in states with historic 
preservation programs which have been approved by the Secretary of the Interior; or 
(d) Individually listed on a local inventory of historic places in communities with historic 
preservation programs that have been certified either: 
1. By an approved state program as determined by the Secretary of the Interior; or 
2. Directly by the Secretary of the Interior in states without approved programs. 
HIVE. Any Langstroth type structure with movable-frames intended for the housing of a bee 
colony. A hive typically consists of a cover, honey supers, brood chambers and a bottom board. 

HOME OCCUPATION. A home occupation is any occupation or profession and associated 
parking of vehicles. For the purpose of this definition, a day nursery or child care center is not a home 
occupation. A home occupation is subject to the following standards: 

(a) It shall be operated by a resident or employee of a resident of the property on which 
the business is located; 
(b) It shall employ on the site no more than five full or part-time persons; 
(c) All aspects of a home occupation shall be substantially contained and conducted within 
a completely enclosed building which shall be the same structure as the principal residence or appropriate 
accessory building typically permitted in the zone; 
(d) It shall not unreasonably interfere with other uses permitted in the zone in which the 
property is located; 
(e) Such occupation shall be a secondary use on the premises, and shall not occupy more 
than 25% of the floor area of the dwelling; 
(f) No sign, other than a nameplate which identifies the nature of the home occupation and 
the operator thereof, not to exceed three square feet in area; 
2021 S-2 


Zoning Code 

(g) The majority of products made or sold shall be disposed of primarily by delivery from 
the premises to the homes or places of business of customers. 
(h) The existence of home occupations shall not be used as justification for a zone change. 
HOSPITAL. Institutions devoted primarily to the rendering of healing, curing and nursing care, 
which maintain and operate facilities for the diagnosis, treatment and care of two or more non-related 
individuals suffering from illness, injury or deformity, or where obstetrical or other healing, curing and 
nursing care is rendered over a period exceeding 24 hours. 

HOTEL. A building which is designed, intended or used for the accommodation of tourists, 
transients and permanent guests for compensation, and in which no provision is made for cooking in 
individual rooms or suites of rooms. 

JUNK YARD. An area where any person is engaged in breaking up, dismantling, sorting, 
storing, distributing, buying, selling, packing, or scrap, waste material, or bailing any scrap, waste 
material, or junk. 

KENNEL. A use providing for the accommodation of four or more dogs, cats, where such 
animals are kept for board, propagation, training or sale. 

KITCHEN. Any room, all or any part of which is designed, built, equipped or used for the 
preparation of food and/or the washing of dishes. 

LIMITED HOME OCCUPATION. Any occupation or profession carried on by a member of 
the family residing on the premises provided the following conditions are satisfied: 

(a) No sign shall be used; 
(b) There is no display that will indicate from the exterior that the building is used in 
whole or in part for any purpose other than a dwelling; 
(c) The building retains the characteristics of a residence; 
(d) There is no outside storage of materials; 
(e) No non-family paid employees shall perform work or render services to clients upon 
the premises; 
(f) No dwelling shall be used as a headquarters for the assembly of employees for 
instructions or other purposes, or for dispatch employees gathered at the premises to work at other 
locations; 
2021 S-2 


Winston -Land Usage 

(g) All aspects of a home occupation shall be contained and conducted within a completely 
enclosed building which shall be the same structure as the principal residence or appropriate accessory 
building; 
(h) The aggregate of all space within any building devoted to one or more home occupation 
shall not exceed 500 square feet in floor area, except such space within or on a lot occupied by an 
apartment dwelling containing three or more units shall not exceed 100 square feet in floor area for any 
one dwelling unit; 
(i) Products made or sold shall be disposed of primarily by delivery from the premises 
to the homes or places of business of customers; 
(j) Customer and client contact shall be primarily by telephone, mail or in their homes and 
places of business, except for those home occupations which by their very nature cannot otherwise be 
conducted except by personal contact upon the premises; 
(k) Instruction in music shall be limited to no more than two students on the premises at 
one time and, in crafts, to no more than six students on the premises at one time. 
(l) The existence of home occupations shall not be used as justification for a zone change. 
LIVESTOCK. Animals of the bovine species, and horses, mules, asses, sheep, goats, rabbits 
and swine. 

LOT. A unit of land created by a subdivision of land. Once created, the term LOT is 
synonymous with the term PARCEL for the purposes of this chapter. 

LOT AREA. The total horizontal area within the property lines of a lot exclusive of public and 
private streets and easements of access to other property. 

LOT CORNER. A lot abutting on two or more streets, other than an alley, at their intersection. 

LOT LENGTH. The perpendicular distance measured from the midpoint of the front line to the 
opposite (usually the rear) property line. In the case of irregular or triangular lots, the lot depth will be 
established by the lot depth line which is parallel to the front property line and located by the intersection 
of the perpendicular from the property line midpoint and whatever property line is bounding the rear of 
the lot. 

LOT LINE. The lot line bounding a lot. 

LOT LINE, FRONT. The lot line separating the lot from a street other than an alley, and 
having the shortest property line along a street other than an alley. In the case of the corner lot, the front 
lot line may consider the arc of corners as long as the lot width immediately adjacent to the arc is 
maintained. This does not apply to cul-de-sac lots that may be reduced to 30 foot lot frontage. 

2021 S-2 


Zoning Code 

LOT LINE, REAR. The lot line which is opposite and most distant from the front line. In the 
case of an irregular, triangular, or other shaped lot, a line ten feet in length within the lot parallel to and 
at maximum distance from the front line. 

LOT LINE, SIDE. Any lot line not a front or rear property line. 

LOT OF RECORD. A unit of land created as follows: 

(a) A lot in an existing, duly recorded subdivision; 
(b) A parcel in an existing, duly recorded major or minor land partition; 
(c) An adjusted lot resulting from an approved property line adjustment; 
(d) An existing unit of land for which a survey has been duly filed which conformed to all 
applicable regulations at the time of filing; 
(e) Any unit of land created prior to zoning and partitioning regulations by deed or metes 
and bound description, and recorded with the Douglas County Clerk; provided, however, that contiguous 
units of land so created under the same ownership and not conforming to the minimum property size of 
this chapter shall be considered one lot of record. 
LOT WIDTH. The average horizontal distance between the side property lines, ordinarily 
measured parallel to the front property line. 

LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An 
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, 
in an area other than a basement, is not considered a building's lowest floor, provided that such 
enclosure is not built so as to render the structure in violation of the applicable non-elevation design 
requirements of this chapter. 

MANUFACTURED HOME. A structure, transportable in one or more sections, which is built 
on a permanent chassis and is designed for use with or without a permanent foundation when attached 
to the required utilities. The term MANUFACTURED HOME does not include a RECREATIONAL 
VEHICLE. 

MANUFACTURED HOME PARK or SUBDIVISION. A parcel (or contiguous parcels) of land 
dividing into two or more manufactured home lots for rent or sale. 

MEAN SEA LEVEL. For purposes of the National Flood Insurance Program, the National 
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a 
community’s flood insurance rate map are referenced. 

2021 S-2 


Winston -Land Usage 

MEDICAL MARIJUANA FACILITY (MMF). A facility registered by the Oregon Health 
Authority (OHA) under O.A.R. 333-008-1050 to, as outlined in O.R.S. 475.314, authorize the transfer 
of usable marijuana and immature marijuana plants from: 

(a) A registry identification cardholder, the designated primary care giver of a registry 
identification cardholder, or a person responsible for a marijuana grow site to the medical marijuana 
facility; or 
(b) A medical marijuana facility to a registry identification cardholder or the designated 
primary care giver of a registry identification cardholder. 
MOBILE HOME. For the purpose of this chapter, the term MOBILE HOME shall have the 
same meaning as MANUFACTURED HOME. 

MOBILE HOME PARK. Any place where four or more mobile homes are located within 500 
feet of one another on a lot, tract, or parcel of land under the same ownership, the primary purpose of 
which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the 
rental or use of facilities or to offer space free in connection with securing the trade or patronage of such 
person. 

MOBILE HOME SUBDIVISION. A residential subdivision subject to mobile home subdivision 
overlay standards. 

MODULAR HOME. A building which is not framed on site in the conventional manner but 
which does meet the conventional criteria for a single-family dwelling under this chapter. 

MOTEL. A building or group of buildings on the same lot containing guest units, which 
building or group is intended or used primarily for the accommodation of transient automobile travelers. 

NEW CONSTRUCTION. Structures for which the START OF CONSTRUCTION commenced 
on or after the effective date of this chapter. For floodplain management purposes, NEW 
CONSTRUCTION means structures for which the START OF CONSTRUCTION commenced on or 
after the effective date of a floodplain management regulation adopted by the city and includes any 
subsequent improvements to such structures. 

NEW MANUFACTURED HOME PARK or SUBDIVISION. A manufactured home park or 
subdivision for which the construction of facilities for servicing the lots on which the manufactured 
homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, 
and either final site grading or the pouring of concrete pads) is completed on or after the effective date 
of floodplain management regulations adopted by the community. 

NONCONFORMING LOT OF RECORD. A unit of land which lawfully existed in compliance 
with all applicable ordinances and laws, but which, because of the application of subsequent zoning 
regulations, no longer conforms to the lot dimension requirements for the zoning district in which it is 
located. 

2021 S-2 


Zoning Code 

NONCONFORMING STRUCTURE or USE. A lawful existing structure or use at the time this 
chapter or any amendment thereto becomes effective which does not conform to the requirements of the 
zone in which it is located. 

NURSING CARE. The performance by a licensed nurse of observation, care and counsel of 
the ill, injured or infirm, which requires substantial specialized skill and judgment as prescribed by a 
physician. Nursing care does not include periodic treatment such as changing dressings or injections 
provided by a visiting licensed nurse. 

NURSING HOME. Any home, place or institution which operates and maintains facilities 
providing convalescent and/or chronic care, for a period exceeding 24 hours for two or more ill or infirm 
patients not related to the nursing home administrator or owner by blood or marriage. Convalescent and 
chronic care may include, but need not be limited to, the procedures commonly employed in nursing and 
caring for the sick. 

OVERLAY DISTRICT. A set of zoning requirements described in the zoning regulations, 
mapped on the zone maps, and applied in addition to the zoning requirements of the underlying districts. 

OWNER. The owner of record of real property as shown on the latest tax rolls or deed records 
of the county, or a person who is purchasing a parcel of property under recorded contract. 

PARCEL. A unit of land crated by a partition of land. Once created, the term PARCEL is 
synonymous with the term LOT for the purposes of this chapter. 

PARK. An open or enclosed tract of land set apart and devoted for the purposes of pleasure, 
recreation, ornament, light and air for the general public. 

PARKING AREA. Privately or publicly owned property, other than streets and alleys, on which 
parking spaces are defined, designated or otherwise identified for use by tenants, employees, owners of 
the property or the general public. 

PARKING SPACE. An off-street enclosed or unenclosed surfaced area of not less than 18 feet 
by nine feet in size, exclusive of maneuvering and access area, permanently reserved for the temporary 
storage of one automobile. 

PARTITION. An act of partitioning land or an area or tract of land partitioned. 

PARTITION LAND. To divide an area or tract of land into two or three parcels within a 
calendar year when such area or tract of land exists as a unit or contiguous units of land under a single 
ownership at the beginning of such year. PARTITION LAND does not include divisions of land resulting 
from foreclosure; divisions of land resulting from foreclosure of recorded contracts for the sale of real 
property; divisions of land resulting from the creation of cemetery lots; the sale of a lot in a recorded 
subdivision, even though the lot may have been acquired prior to the sale with other contiguous lots or 
property by a single owner; PARTITION LAND does not include any adjustment of a property line by 

2021 S-2 


Winston -Land Usage 

the relocation of a common boundary where an additional parcel is not created and where the existing 
parcel reduced in size by the adjustment is not reduced below the minimum lot size established by 
applicable zoning or other provisions of this chapter; and PARTITION LAND does not include a sale 
or grant by a person to a public agency or public body for state highway, county road, city street or other 
right-of-way purposes provided that such road or right-of-way complies with the comprehensive plan. 

PARTY. The following persons or entities who file a timely statement or request for hearing 
as provided by the general provisions of this chapter, are hereby defined as a party: 

(a) The applicant and all owners or contract purchasers of record, as shown in the files 
of the Douglas County Assessor's office, of the property which is the subject of the application. 
(b) All property owners of record, as provided in division (a) above, within 150 feet of 
the property which is the subject of the application. 
(c) Any affected unit of local government or state or federal agency which has entered into 
an agreement with the city to coordinate planning efforts and to receive notices of land use actions. 
(d) Any other person, and/or his representative, who is specially, personally, adversely 
and substantially affected in the subject matter, as determined by the Planning Commission. 
PERSON. Every natural person, firm, partnership, association, social or fraternal organization, 
corporation, trust, estate, receiver, syndicate, branch of government, or any group or combination acting 
as a unit. 

PERSON RESPONSIBLE FOR A MEDICAL MARIJUANA FACILITY or PRF. An 
individual who owns, operates, or otherwise has legal responsibility for a facility and who meets the 
qualifications established in O.A.R.333-008-1000 through 333-008-1400, “Medical Marijuana 
Facilities,” and has been approved by the Oregon Health Authority for registration of that facility. 

PLANNED UNIT DEVELOPMENT (PUD). A unit of land planned and developed as a single 
unit, rather than an aggregate of individual lots, with design flexibility from traditional siting regulations 
or land use regulations and subject to the provisions of § 154.041. 

PLANNING COMMISSION. The Planning Commission of the City of Winston, Oregon. 

PLAT. A final map, diagram, drawing, replat or other writing containing all the descriptions, 
locations, specifications, dedications, provisions and information concerning a subdivision or a partition. 

PROFESSIONAL OFFICE. The place of business of a person engaged in a profession, such 
as accountant, architect, attorney-at-law, real estate broker, landscape architect, or medical and dental 
practitioners. 

2021 S-2 


Zoning Code 101 

PROPERTY LINE ADJUSTMENT. The adjustment of a property line by the relocation of a 
common boundary where an additional unit of land is not created and where the existing unit of land 
reduced in size by the adjustment complies with the development standards of this chapter. 

PUBLIC and SEMI-PUBLIC BUILDINGS and USES. A building or use operated by a 
governmental agency or a religious, charitable or other non-profit organization; a public utility; a 
church, school, auditorium, meeting hall, grange hall, hospital, stadium, library, art gallery, museum, 
fire station, utility substation; or uses such as a park or playground or community center, community 
halls or pumping stations. 

PUBLIC UTILITY. Any corporation, company, individual association of individuals or its 
lessees, trustees, or receivers, that owns, operates, manages or controls all or any part of any plat or 
equipment for the conveyance of telegraph, telephone messages, with or without wires, for the 
transportation as common carriers, or for the production, transmission, delivery or furnishing of heat, 
light, water or power, directly or indirectly to the public. 

RECREATIONAL VEHICLE. A vehicle which is: 

(a) Built on a single chassis; 
(b) 400 square feet or less when measured at the largest horizontal projection; 
(c) Designed to be self-propelled or permanently towable by a light duty truck; and 
(d) Designed primarily not for use as a permanent dwelling but as temporary living 
quarters for recreation, camping, travel, or seasonal use. 
RECREATIONAL VEHICLE PARK. Any place where four or more recreational vehicles are 
located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the 
primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid 
or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade 
or patronage of such person. 

RESIDENTIAL CARE CENTER. A dwelling for 16 or more elderly, handicapped, mentally 
or emotionally disturbed persons, or children. Providers must be licensed, certified or registered as 
required by state law. 

RESIDENTIAL CARE FACILITY. A facility that provides for six or more physically 
handicapped or socially dependent individuals residential care in one or more buildings on contiguous 
properties. 

RESIDENTIAL FACILITY. A residential care facility, residential training facility, residential 
treatment facility licensed under O.R.S. 443.400 to 443.455 for 11 or fewer unrelated physically or 
mentally handicapped persons or elderly persons and not to exceed two staff persons who need not be 
related to each other or to any other facility resident. 

2021 S-2 


Winston -Land Usage 

RESIDENTIAL HOME. A residence for five or fewer unrelated physically or mentally 
handicapped persons and for staff persons who need not be related to each other or to any other home 
resident. 

RESIDENTIAL TRAINING FACILITY. A facility that provides for six or more mentally 
retarded or other retarded or other developmentally disabled individuals, residential care and training 
in one or more buildings on contiguous properties. 

RESIDENTIAL TREATMENT FACILITY. A facility that provides for six or more mentally, 
emotionally, or behaviorally disturbed individuals, residential care and treatment in one or more 
buildings on contiguous properties. 

ROOMING HOUSE. A single-family dwelling where lodging, but not meals, is provided to 
guests, for compensation, for time periods of at least 16 consecutive nights. 

SALVAGE YARD. Any property where scrap, waste material or other goods, articles or 
secondhand merchandise are dismantled, sorted, stored, distributed, purchased or sold in the open. 

SCHOOL. Any public or private institution for learning meeting State of Oregon accreditation 
standards. 

SIGN. Any identification, description, illustration, symbol or device, other than a house 
number, which is placed or affixed directly or indirectly upon a building, structure or land. 

SIGN AREA. The area of the sign face (which is also the sign area of a wall sign or other sign 
with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle or 
combination thereof that will encompass the extreme limits of the writing, representation, emblem, or 
other display together with any material or color forming an integral part of the background of the 
display or used to differentiate design from the backdrop or structure against which it is placed, but not 
including any supporting framework, bracing, decorative fence or wall when such fence or wall 
otherwise meets the requirements of this chapter and is clearly incidental to the display itself. 

SIGN FACE. The functional surface of a sign including all sign elements facing in the same 
direction. 

SIGN STRUCTURE. Any structure that supports or is capable of supporting a sign. A sign 
structure may be a single pole and may or may not be an integral part of the building. 

SPECIAL FLOOD HAZARD AREA. See AREA OF SPECIAL FLOOD HAZARD for this 
definition. 

START OF CONSTRUCTION. Includes substantial improvement, and means the date the 
building permit was issued, provided the actual start of construction repair, reconstruction, placement 
or other improvement was within 180 days of the permit date. The actual start means either the first 

2021 S-2 


Zoning Code 103 

placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, 
the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the 
placement of a manufactured home on a foundation. Permanent construction does not include land 
preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or 
walkways, nor does it include excavation for a basement, footings, piers, or foundations or the erections 
of temporary forms, nor does it include the installation on the property of accessory buildings, such as 
garages or sheds not occupied as dwelling units or not part of the main structures. For a substantial 
improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or 
other structural part of a building, whether or not that alteration affects the external dimensions of the 
building. 

STATE BUILDING CODE. The combined specialty codes. 

STREET, PRIVATE. Any street, road or right-of-way which is not a public street as defined 
in this chapter. 

STREET, PUBLIC. A street or road which has been dedicated or deeded to the use of the 
public. The purposes of this chapter, public street may include ALLEY, LANE, PLACE, COURT, 
AVENUE, BOULEVARD and similar designations, and any county roads and state highways. 

STRUCTURAL ALTERATION. Any change to the supporting members of a structure including 
foundation, bearing walls or partitions, columns, beams, girders, or any structural change in the exterior 
walls. 

STRUCTURE. That which is built or constructed; an edifice or building of any kind or any 
piece of work artificially built up or composed of parts joined together in some manner and which 
requires location on the ground or which is attached to something having a location on the ground, 
including but not limited to, fences and retaining walls. This definition shall include, for the purpose of 
this chapter, a manufactured home and accessories thereto. For floodplain management purposes, a 
walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as 
well as manufactured home. 

SUBDIVIDE LAND. To divide an area or tract of land into four or more lots within a calendar 
year when such areas or tract of land exists as a unit or contiguous units of land under a single ownership 
at the beginning of such year. 

SUBDIVISION. Either an act of subdividing land or an area or a tract of land subdivided as 
defined in this section. 

SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost 
of restoring the structure to its before damaged condition would equal or exceed 50% of the market value 
of the structure before the damage occurred. 

2021 S-2 


Winston -Land Usage 

SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other 
improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure 
before the start of construction of the improvement. This term includes structures which have incurred 
substantial damage, regardless of the actual repair work performed. The term does not, however, include 
either: 

(a) Before the improvement or repair is started; or 
(b) If the structure has been damaged and is being restored, before the damage occurred. 
For the purposes of this definition, SUBSTANTIAL IMPROVEMENT is considered to occur when the 
first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether 
or not that alteration affects the external dimensions of the structure. 
(c) This term includes structures which have incurred SUBSTANTIAL DAMAGE 
regardless of the actual repair work performed. The term does not, however, include either: 
1. Any project for improvement of a structure to correct existing violations of state 
or local health, sanitary, or safety code specifications which have been identified by the local code 
enforcement official and which are the minimum necessary to assure safe living conditions; or 
2. Any alteration of a historic structure, provided that the alteration will not preclude 
the structure’s continued designation as a historic structure. 
SWIMMING POOL. Any constructed or prefabricated pool used for swimming or bathing, 24 
inches or more in depth. 

URBAN AREA. All territory, whether incorporated or unincorporated, located within the 
Winston Urban Growth Boundary. 

USE. The purpose for which land or a structure is designed, arranged, or intended, or for which 
it is occupied or maintained. 

USE, PERMITTED. A building, structure or use permitted outright in a zoning district, and 
which complies with all of the regulations applicable in that district. 

USE, PRINCIPAL. The primary use of a lot or site, and includes a permitted or conditional 
use. 

VARIANCE. A grant of relief by the city from the terms of a floodplain management 
regulation. 

VIOLATION. The failure of a structure or other development to be fully compliant with the 
community’s floodplain management regulations. A structure or other development without the elevation 
certificate, other certifications, or other evidence of compliance required in this chapter is presumed to 
be in violation until such time as that documentation is provided. 

2021 S-2 


Zoning Code 105 

VISION CLEARANCE. A triangular area at the street or highway corner of a corner lot, or 
the alley-street intersection of a lot, the space being defined by a line across the corner, the ends of 
which are on the street or alley right-of-way lines an equal and specified distance from the corner, and 
containing no planting, walls, structures or temporary or permanent obstruction exceeding two feet in 
height above the curb level. 

YARD. An open space on a lot which is unobstructed from the ground upward. 

YARD, FRONT. A yard between side property lines and measured horizontally at right angles 
to the front property line from the front property line to the nearest point of the building. Any yard 
meeting this definition and abutting on a street other than an alley shall be considered a front yard. 

YARD, REAR. A yard between side property lines and measured horizontally at right angles 
to the rear property line from the rear property line to the nearest point of a main building. 

YARD, SIDE. A yard between the front and rear yard measured horizontally at right angles 
from the side property line to the nearest point of a main building. 

YARD, STREET SIDE. A yard adjacent to a street between the front and rear property line 
measured horizontally a right angles from the side property line to the nearest point of a building. 
(Ord. 590, passed 6-23-2003; Ord. 21-692, passed 3-1-2021) 

GENERAL PROVISIONS 

§ 154.010 INTENT. 

(A) The intent of this chapter is to encourage the most appropriate use of land and the conservation 
and stabilization of property values; to aid in rendering fire and police protection; to insure adequate 
open space for light, air, and circulation; to prevent undue concentration of population; to facilitate 
adequate provisions for community utilities and facilities such as water, sewerage, electrical distribution 
systems, transportation, schools, parks, and other public requirements, and, in general, to promote 
public health, safety, and general welfare. 
(B) The basis for this chapter is the city's comprehensive plan, which sets the character of the city, 
provides policies pertaining to land and public improvements, and lays out the general design of the city. 
(Ord. 590, passed 6-23-2003) 
2021 S-2 


Winston -Land Usage 

§ 154.011 COMPLIANCE WITH ORDINANCE PROVISIONS. 

(A) A parcel of land may be used or developed, by land division or otherwise, and a structure may 
be used or developed, by construction, reconstruction, alteration, occupancy or otherwise only as this 
chapter permits. 
(B) In addition to complying with the criteria and other provisions within this chapter, each 
development shall comply with the applicable standards published by the Public Works Superintendent. 
(C) The requirements of this chapter apply to the person undertaking a development, or the user of 
a development, and to the person's or user's successors in interest. 
(Ord. 590, passed 6-23-2003) 
§ 154.012 INTERPRETATION. 

It shall be the duty of the Planning Commission to interpret the provisions of this chapter in such 
a way as to carry out the intent and purpose, and to rule on the proper application. When in the 
administration of this chapter there is doubt regarding the intent of this chapter or the suitability of uses 
not specified, the City Manager or designee may request an interpretation of the provision by the 
Commission. An interpretation by the Planning Commission shall not have the effect of amending the 
provisions of this chapter. Any interpretation of this chapter by the Planning Commission shall be 
deemed an administrative action, subject to review by the City Council pursuant to §§ 154.189 and 

154.190 and based on the following considerations: 
(A) The City of Winston comprehensive plan; 
(B) The purpose and intent of this chapter as applied to the particular section in question; and, if 
necessary 
(C) The opinion of the appointed legal counsel of the approving authority. 
(Ord. 590, passed 6-23-2003) 
§ 154.013 RESTRICTIVENESS. 

Where the conditions imposed by a provision of this chapter or the subdivision ordinance as codified 
in Chapter 153 of this code, are less restrictive than comparable conditions imposed by other provisions 
of this chapter, the subdivision ordinance or any other ordinance of the city, or any provisions of state 
law, the provisions which are more restrictive shall govern. 
(Ord. 590, passed 6-23-2003) 

2021 S-2 


Zoning Code 107 

§ 154.014 SEVERABILITY. 

The provisions of this chapter are severable. If any section, sentence, clause, or phrase of this 
chapter is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the 
validity of the remaining portions of this chapter. 
(Ord. 590, passed 6-23-2003) 

§ 154.015 MINOR TEXT CORRECTIONS. 

(A) The City Manager may correct the zoning and subdivision ordinances, the comprehensive plan 
and the transportation system plan, without prior notice or hearing, so long as the City Manager does 
not alter the sense, meaning, effect, or substance of any adopted ordinance and, within such limitations, 
the City Manager may: 
(1) Renumber chapters, articles, sections, subsections, findings, goals, objectives, and policies, 
and parts of chapters, articles, sections, subsections, findings, goals, objectives, and policies of zoning 
and subdivision ordinances, the comprehensive plan and the transportation system plan; 
(2) Rearrange chapters, articles, sections, subsections, findings, goals, objectives, and policies, 
and parts of chapters, articles, sections, subsections, findings, goals, objectives, and policies; 
(3) Change reference numbers to agree with renumbered chapters, articles, sections, 
subsections, findings, goals, objectives, and policies, and parts of chapters, articles, sections, 
subsections, findings, goals, objectives, and policies; 
(4) Delete references to repealed chapters, articles, sections, subsections, findings, goals, 
objectives, and policies, and parts of chapters, articles, sections, subsections, findings, goals, objectives, 
and policies; 
(5) Substitute the proper chapter, article, section, subsection, finding, goal, objective, or policy 
numbers; 
(6) Change capitalization and spelling for the purpose of uniformity; 
(7) Correct manifest clerical, grammatical or typographical errors; and, 
(8) Change the name of an agency by reason of a name change prescribed by law. 
(B) The City Manager shall maintain a record, available for public access, of all corrections made 
under this section. 
2021 S-2 


Winston -Land Usage 

(C) Corrections to the zoning and subdivision ordinances, the comprehensive plan and the 
transportation system plan made by the City Manager pursuant to this section are prima facie evidence 
of the law, but they are not conclusive evidence. If any correction to the zoning and subdivision 
ordinances, the comprehensive plan and the transportation system plan made pursuant to this section 
differs in sense, meaning, effect, or substance from any adopted ordinance, the adopted ordinance shall 
prevail. 
(Ord. 590, passed 6-23-2003) 
ESTABLISHMENT OF ZONES 

§ 154.020 CLASSIFICATION OF ZONES. 

For the purposes of this chapter the following zones are hereby established: 

ZONE ABBREVIATED DESIGNATION 

Agriculture/Open Space A-O 
Residential Low Density A R-L-A 
Residential Low Density B R-L-B 
Residential Low Density C R-L-C 
Residential Medium Density R-M 
Residential High Density R-H 
Special Historic Commercial C-SH 
Office/Professional Commercial C-OP 
Highway-Commercial C-H 
General Commercial C-G 
Industrial Limited M-L 
Industrial General M-G 
Planned Development PD 
Floodway FW 
Floodway Fringe FF 

2021 S-2 


Zoning Code 109 

Flood Hazard FH 
Public Reserve P-R 
Steep Slope Overlay SSO 
(Ord. 590, passed 6-23-2003) 

§ 154.021 ZONING MAP. 

The City of Winston Zoning Map is hereby adopted by reference. The boundaries for the zones 
listed in this chapter are indicated on the City of Winston Zoning Map which is hereby adopted by 
reference. An amendment shall be performed as provided in §§ 154.140 through 154.151. The map, and 
any amendment thereto, shall be dated with the number and effective date of the ordinance adopting or 
amending the map. A certified print of the adopted map or amended map shall be maintained in the office 
of the City Recorder. 
(Ord. 590, passed 6-23-2003) 

§ 154.022 ZONING OF ANNEXED AREAS. 

Areas annexed to the city shall retain their existing zoning classifications unless a change is 
requested by the property owner pursuant to the criteria in the zoning ordinance. 
(Ord. 590, passed 6-23-2003) 

§ 154.023 ZONE BOUNDARIES. 

Unless otherwise specified, zone boundaries are section lines, subdivision lines, property lines, 
center lines of street or railroad rights-of-way, or such lines extended. 
(Ord. 590, passed 6-23-2003) 

§ 154.024 ZONE CHANGE. 

This section provides the criteria for amending the boundaries of any district delineated on the 
official zoning maps. Zoning shall be consistent with the comprehensive plan and maintain the general 
purpose of this chapter and specific purpose of the applicable zone classification. 
(Ord. 590, passed 6-23-2003) 

2021 S-2 


Winston -Land Usage 

§ 154.025 CRITERIA FOR ZONE CHANGE. 

The approving authority may grant a zone change only if the following circumstances are found to 
exist: 

(A) The rezoning will conform with the City of Winston comprehensive plan, including the land 
use map and written policies. 
(B) The site is suitable to the proposed zone with respect to the public health, safety and welfare 
of the surrounding area. 
(Ord. 590, passed 6-23-2003) 
§ 154.026 CONDITIONS RELATIVE TO THE APPROVAL OF ZONE CHANGE. 

Reasonable conditions may be imposed, as are necessary to ensure the compatibility of a zone 
change to surrounding uses and as are necessary to fulfill the general and specific purposes of this 
chapter. Such conditions may include, but are not limited to, the following: 

(A) Special yards and spaces. 
(B) Fences and walls. 
(C) Special parking and/or loading provisions. 
(D) Street dedication and improvements or bonds in lieu of improvements. 
(E) Control of points of vehicular ingress and egress. 
(F) Special provisions for signs. 
(G) Lighting, landscaping and maintenance of grounds. 
(H) Control of noise, vibration, odors or other similar nuisances. 
(Ord. 590, passed 6-23-2003) 
§ 154.027 GRANT OF AUTHORITY FOR ZONE CHANGE. 

The governing body shall have the authority to order a change in the official map as provided by 
this chapter. 
(Ord. 590, passed 6-23-2003) 

2021 S-2 


Zoning Code 111 

ZONING CLASSIFICATIONS 

§ 154.030 AGRICULTURE/OPEN SPACE (A-O). 

In an A-O zone, the following regulations shall apply: 

(A) Uses permitted outright. In an A-O zone, the following uses and their accessory uses are 
permitted outright: 
(1) Forest management; 
(2) Farm use in accordance with the city's animal ordinance; 
(3) Fish and wildlife management; 
(4) The development of water impoundments and canals; 
(5) Publicly owned parks, playgrounds, campgrounds, boating facilities, lodges, camps and 
other such recreational facilities; 
(6) Fire prevention, detection and suppression facilities; 
(7) Nursery for the growing, sale and display of trees, shrubs, and flowers; 
(8) Public and semi-public buildings, structures and uses essential to the physical, social and 
economic welfare of the area, including but not limited to fire stations, schools, granges, community 
halls, water and wastewater treatment plants, parks and churches; 
(9) Single family dwellings customarily provided in conjunction with a use permitted in this 
classification, providing residence for the landowner, immediate family members, or an employee, 
providing that: a minimum average density of ten acres per dwelling shall be maintained; 
(10) Home occupations; 
(11) Limited home occupations; 
(12) Buildings and structures necessary to the above uses; and 
(13) Accessory residential unit in conjunction with a single family dwelling or manufactured 
home subject to the standards in § 154.031(C)(1)(d). 
(B) Conditional uses permitted. In an A-O zone, the following uses and their accessories may be 
permitted subject to the provisions of §§ 154.115 through 154.119: 
2021 S-2 


Winston -Land Usage 

(1) Use or keeping of animals other than that permitted; 
(2) Quarry, gravel pit or mining; 
(3) Beekeeping, subject to the additional provisions of § 154.088; 
(4) Operating a zoological park or botanical garden; 
(5) Other similar agricultural and open space uses which are consistent with the comprehensive 
plan and purpose of this zoning district and deemed by the Planning Commission to be conditional; and 
(6) Recreational vehicle park. 
(C) Lot size. Except as provided in §§ 154.084 and 154.116, the minimum lot size within an A-O 
zone shall be as follows: 
(1) The minimum lot area shall be ten acres. 
(D) Yards. Except as provided in § § 154.056, 154.073, 154.083 and 154.116, in an A-O zone, 
yards shall be as follows: 
(1) Front yard -30 feet; 
(2) Side yard -20 feet; 
(3) Rear yard -30 feet; and 
(4) On streets not constructed to city standards, the front setbacks of structures shall be a 
minimum of 40 feet from the center line of a street (other than an alley.) 
(E) Building height. Except as provided in §§ 154.056, 154.086 and 154.116, in an A-O zone no 
building shall exceed a height of 35 feet. 
(F) Parking. Refer to § 154.059. 
(Ord. 590, passed 6-23-2003; Ord. 21-692, passed 3-1-2021) 
§ 154.031 RESIDENTIAL LOW DENSITY ZONE (R-L). 

(A) Uses permitted outright. In an R-L zone the following uses and their accessory uses are 
permitted outright: 
(a) One single-family dwelling; 
(b) One manufactured home; 
2021 S-2 

Zoning Code 113 

(c) Agricultural use of land provided that no livestock shall be raised or kept on the premises 
without permit in accordance with the city's animal ordinance; 
(d) Residential home; 
(e) Family day care home; 
(f) Limited home occupation; and 
(g) Accessory residential unit in conjunction with a single family dwelling or manufactured 
home subject to the standards in division (C)(1)(d). 
(B) Conditional uses permitted. In an R-L zone the following uses and their accessory uses may be 
permitted subject to the provisions of §§ 154.115 through 154.119. 
(1) Cemetery; 
(2) Church, non-profit religious, or philanthropic institution; 
(3) Community center; 
(4) Governmental structure or use of land including but not limited to park, playground, fire 
station, or library; 
(5) Home occupation; 
(6) Hospital; 
(7) Kindergarten, nursery, day nursery, or similar facility; 
(8) Private golf course or country club, but excluding golf driving range, miniature golf course 
or similar facility; 
(9) Private non-commercial recreational club such as tennis club, swimming club, or archery 
club, but excluding commercial amusement enterprises; 
(10) Private school offering curricula similar to public school; 
(11) Public utility facility; 
(12) Day care center; 
(13) Day care group home; 
2021 S-2 


Winston -Land Usage 

(14) Public and semi-public buildings, structures and uses essential to the physical, social and 
economic welfare of the area, including but not limited to fire stations, schools, granges, community 
halls, water and wastewater treatment plants and parks; and 
(15) Beekeeping, subject to the additional provisions of § 154.088. 
(C) Lot size and width. Except as provided in §§ 154.084 and 154.116, the minimum lot size and 
width in an R-L zone shall be as follows: 
(1) The minimum lot areas shall be: 
(a) R-L-A 6,000 square feet; 
(b) R-L-B 8,500 square feet; 
(c) R-L-C 20,000 square feet; and 
(d) Accessory residential unit. Shall not exceed one per single-family unit; may either be 
part of the primary residence, existing garage, accessory building, or a separate detached structure; 
maximum size is 1,000 square feet or no more than 50% of the gross floor area of the primary residence, 
whichever is less; the primary heat source shall be electric or gas, not wood; accessory dwelling units 
that were established illegally may be legalized, subject to city review and approval, by applying for a 
planning clearance worksheet. 
(2) The minimum lot width at the front property line shall be: 
(a) R-L-A 60 feet for an interior lot; 
(b) R-L-A 70 feet for a corner lot; 
(c) R-L-B 80 feet; and 
(d) R-L-C 85 feet. 
(3) The maximum lot length shall be three times the width. 
(D) Yards. Except as provided in §§ 154.056, 154.073, 154.083, 154.085 and 154.116, in an R-L 
zone yards shall be as follows: 
R-L-A R-L-B R-L-C 

a. Front yard 20' 20' 30' 

b. Side yard (except as below) 5' 5' 10' 
2021 S-2 


Zoning Code 115 

R-L-A R-L-B R-L-C 

c. Side yard adjacent to a street 15' 15' 15' 
d. Rear yard 10' 15' 20' 
e. On streets not constructed to city standards, the front setbacks of structures 
shall be a minimum of 40 feet from the center line of a street (other than an 
alley). 
(E) Building height. Except as provided in §§ 154.056, 154.086 and 154.116, in an R-L zone no 
building shall exceed the height of 30 feet. 
(F) Parking. Refer to § 154.059. 
(G) Screening. Sight obscuring fences or hedges six feet in height are required along property lines 
that border residential areas for: 
(1) Churches, meeting halls, community halls and general assemblies; 
(2) Day care center; and 
(3) Day care group home. 
(Ord. 590, passed 6-23-2003; Ord. 21-692, passed 3-1-2021) 
§ 154.032 RESIDENTIAL MEDIUM DENSITY ZONE (R-M). 

In an R-M zone the following regulations shall apply: 

(A) Uses permitted outright. In an R-M zone the following uses and their accessory uses are 
permitted outright: 
(1) Single-family dwelling; 
(2) One manufactured home; 
(3) Two-family dwelling (duplexes); 
(4) Multi-family dwelling (limited up to four units only); 
(5) Limited home occupation; and 
(6) Accessory residential unit in conjunction with a single family dwelling or manufactured 
home subject to the standards in § 154.031(C)(1)(d). 
2021 S-2 


Winston -Land Usage 

(B) Conditional uses permitted. In an R-M zone the following uses and their accessory uses may 
be permitted subject to the provisions of §§ 154.115 through 154.119. 
(1) A use permitted as a conditional use in an R-L zone; 
(2) Nursing home, rest home, retirement home, convalescent hospital or home, or similar 
facility; 
(3) Mobile home parks, subject to § 154.089; 
(4) Residential facilities to include: residential care facility, residential training facility and 
residential treatment facility; and 
(5) Condominium. 
(C) Lot size and width. Except as provided in §§ 154.084 and 154.116, the minimum lot size and 
width in an R-M zone shall be as follows: 
(1) The minimum lot area and width standards which apply in an R-L-A zone shall apply in 
an R-M zone. 
(2) The minimum lot area per dwelling unit shall be as follows: 
(a) One dwelling unit on 6,000 square feet. 
(b) Two dwelling units on 9,000 square feet. 
(c) Three dwelling units on 14,000 square feet. 
(d) Four dwelling units on 18,500 square feet. 
(D) Yards. Except as provided in §§ 154.156, 154.073, 154.083, 154.085 and 154.116, in an R-M 
zone yards shall be as follows: 
(1) The front yard shall be a minimum of 15 feet; 
(2) Each side yard shall be a minimum of five feet from any portion of the building; 
(3) The street side yard shall be a minimum of 15 feet; 
(4) The rear yard shall be a minimum of ten feet for one-story buildings; and 
(5) On streets not constructed to city standards, the front setbacks of structures shall be a 
minimum of 40 feet from the center line of a street (other than an alley.) 
2021 S-2 


Zoning Code 117 

(E) Building height. Except as provided in §§ 154.056, 154.085 and 154.116, in an R-M zone no 
building shall exceed a height of 30 feet. 
(F) Parking. Refer to § 154.059. 
(G) Screening. Sight obscuring fences or hedges six feet in height are required along property lines 
that border residential areas for: 
(1) Churches, meetings halls, community halls and general assemblies; 
(2) Day care center; 
(3) Day care group home; and 
(4) Residential facility. 
(Ord. 590, passed 6-23-2003; Ord. 21-692, passed 3-1-2021) 
§ 154.033 RESIDENTIAL HIGH DENSITY ZONE (R-H). 

In an R-H zone the following regulations shall apply: 

(A) Uses permitted outright. In an R-H zone one of the following uses and its accessory uses are 
permitted outright: 
(1) A use permitted outright in an R-M zone; 
(2) Duplex; 
(3) Multi-family dwellings; 
(4) Residential home; and 
(5) Limited home occupation. 
(B) Conditional uses permitted. In an R-H zone the following uses and their accessory uses may be 
permitted subject to the provisions of §§ 154.115 through 154.119: 
(1) A use permitted as a conditional use in an R-L zone; 
(2) Clinic; 
(3) Mobile home park, subject to § 154.089; 
(4) Mortuary; 
2021 S-2 

Winston -Land Usage 

(5) Professional office; 
(6) Residential facilities to include: residential care facility, residential training facility, and 
residential treatment facility; and 
(7) Condominium. 
(C) Lot size and width. Except as provided in §§ 154.084 and 154.116, the minimum lot size and 
width in an R-H zone shall be as follows: 
(1) The minimum lot area and width standards which apply in an R-M zone shall apply in an 
R-H zone for one to four units. 
(2) The minimum lot area per dwelling unit shall be 2,500 square feet for units five or over, 
in addition to the amount required for one to four. 
(D) Yards. Except as provided in §§ 154.056, 154.073, 154.085 and 154.116, in an R-H zone yards 
shall be as follows: 
(1) The front yard shall be a minimum of 15 feet; 
(2) Each side yard shall be a minimum of five feet from any portion of the building; 
(3) The street side yard shall be a minimum of 15 feet; 
(4) The rear yard shall be a minimum of ten feet; and 
(5) On streets not constructed to city standards, the front setback of structure's shall be a 
minimum of 40 feet from the center line of a street (other than an alley.) 
(E) Building height. Except as provided in §§ 154.056, 154.086 and 154.116, in an R-H zone no 
building shall exceed a height of 35 feet. 
(F) Parking. Refer to § 154.059. 
(G) Screening. Sight obscuring fences or hedges six feet in height are required along property lines 
that border residential areas for: 
(1) Churches, meetings halls, community halls and general assemblies; 
(2) Day care center; 
2021 S-2 


Zoning Code 119 

(3) Day care group home; and 
(4) Residential facility. 
(Ord. 590, passed 6-23-2003) 
§ 154.034 PUBLIC RESERVE ZONE (PR). 

In a public reserve zone the following regulations shall apply: 

(A) Purpose. The public reserve classification is intended to establish districts within which a 
variety of public service activities may be conducted without interference from inappropriate levels of 
residential, commercial, or industrial activities. It is intended to be applied primarily, though not 
exclusively, to publicly owned lands. 
(B) Uses permitted outright. In a public reserve zone the following uses and their accessory uses 
are permitted outright: 
(1) Farm uses; 
(2) Parks, playgrounds, campgrounds, boating activities, golf courses, lodges, camps, and 
other such recreational facilities; 
(3) Public and private schools; 
(4) Churches; 
(5) Cemeteries; 
(6) Hospitals, residential facilities, and nursing homes; 
(7) Fish and wildlife management; 
(8) Public and semi-public buildings, structures and uses essential to the physical, social and 
economic welfare of the area, including but not limited to fire stations, schools, granges, community 
halls, water and wastewater treatment plants and parks; 
(9) Single-family dwellings that are accessory to, and necessary for, a use permitted in the 
public reserve zone; and 
(10) Accessory residential unit in conjunction with a single family dwelling or manufactured 
home subject to the standards in § 154.031(C)(1)(d). 
(C) Conditional uses permitted. In the public reserve zone, the following uses and their accessory 
uses may be permitted subject to the provisions of §§ 154.115 through 154.119: 
2021 S-2 


Winston -Land Usage 

(1) Quarry gravel pit or mining; 
(2) Beekeeping, subject to the additional provisions of § 154.088; and 
(3) Other uses later deemed by the Planning Commission to be conditional. 
(D) Lot size and width. Except as provided in §§ 154.084 and 154.116, the minimum lot size and 
width in any public reserve zone shall be as follows: 
(1) The minimum lot area shall be 6,000 square feet; and 
(2) The minimum lot width at the front building line shall be 60 feet. 
(E) Yards. Except as provided in §§ 154.056, 154.073, 154.083, and 154.116, in a public reserve 
zone yards shall be as follows: 
(1) Front yard setback is 20 feet; 
(2) All yards abutting a lot in a public reserve zone shall be a minimum of ten feet; 
(3) For corner lots, see § 154.057; and 
(4) On streets not constructed to city standards, the front setbacks of structures shall be a 
minimum of 40 feet from the center line of a street (other than an alley). 
(F) Building height. Except as provided in §§ 154.056, 154.086, and 154.116, in a public reserve 
zone, no building shall exceed a height of 35 feet. 
(G) Parking. Refer to § 154.059. 
(Ord. 590, passed 6-23-2003; Ord. 21-692, passed 3-1-2021) 
§ 154.035 SPECIAL HISTORIC COMMERCIAL ZONE (C-SH). 

In a C-SH zone the following regulations shall apply: 

(A) Purpose. To maintain the commercial uses of recognized historic areas and preserve their 
character. 
(B) Procedure. No building or structure shall be erected, altered or moved which is designated 
special historic commercial without first obtaining specific approval of the city Planning Commission. 
The decision of the Planning Commission may be appealed as provided in §§ 154.170 through 154.191. 
(C) Criteria. In reviewing such proposals the following shall be considered: 
2021 S-2 


Zoning Code 121 

(1) Uses of buildings shall be compatible with the nature of the historic site and surrounding 
area; 
(2) Rehabilitation, remodeling or movement of buildings should not alter the distinguishing 
qualities of the site; 
(3) Repair of architectural features or replacement with similar features shall be encouraged; 
and 
(4) Review shall include uses, building and parking locations, site layout, signs, exteriors of 
all buildings, parking and landscaping. 
(D) Uses permitted outright. In a C-SH zone the following uses and their accessory uses are 
permitted outright: 
(1) A use permitted outright in the R-H zone provided that family dwellings are permitted only 
above the ground floor business building and if the following conditions are met: 
(a) There shall be parking designated for the exclusive use of residents only, in an amount 
as specified in § 154.059; and 
(b) For each residential unit, there shall be yard, patio, or other private open space of at 
least 100 square feet, with a minimum dimension of seven feet in any direction; 
(2) Car wash; 
(3) Automobile, boat, truck, or trailer sales, service, or repair, provided that all repair shall 
be conducted entirely within an enclosed building; 
(4) Bakery; 
(5) Commercial amusement or recreation establishment including uses such as bowling alley, 
theater, pool hall, or miniature golf course, but excluding establishments such as race tracks or 
automobile speedways; 
(6) Financial institution; 
(7) Gift or souvenir shop; 
(8) Motel or hotel; 
(9) Restaurant; 
(10) Tavern, nightclub, cocktail lounge; 
2021 S-2 


Winston -Land Usage 

(11) Barber or beauty shop; 
(12) Bus station, taxi stand; 
(13) Clinic; 
(14) Club, lounge, fraternal organization; 
(15) Drug store; 
(16) Food store; 
(17) Laundromat; 
(18) Museum, art gallery, or similar facility; 
(19) Office; 
(20) Parking lot; 
(21) Implement, machinery, and heavy equipment sales and service; 
(22) Mortuary; 
(23) Newspaper office; 
(24) Tire sales and repair (not including tire recapping) provided that all repair shall be 
conducted entirely within an enclosed building; 
(25) Upholstery shop; 
(26) The following uses provided that all business, service, storage, sales, repair, and display 
shall be conducted entirely within an enclosed building: 
(a) Veterinarian, animal hospital; 
(b) Lumber or building materials sales and storage; and 
(c) Contractor's office and storage. 
(E) Conditional uses permitted. In a C-SH zone, the following uses and their accessory uses may 
be permitted subject to the provisions of §§ 154.115 through 154.119: 
(1) Boat moorage or launching facility; 
2021 S-2 


Zoning Code 123 

(2) Cabinet or similar woodworking shop; 
(3) Church, non-profit religious or philanthropic institution; 
(4) Golf course; 
(5) Public and semi-public buildings, structures and uses essential to the physical, social and 
economic welfare of the area, including but not limited to fire stations, schools, granges, community 
halls, wastewater treatment plants and parks; 
(6) Hospital, nursing home, rest home, retirement home, or similar facility; and 
(7) Public utility facility. 
(F) Lot size and width. Except as provided in §§ 154.084 and 154.116, the minimum lot size and 
width in any C-SH zone shall be as follows: 
(1) The minimum lot areas shall be 6,000 square feet; and 
(2) The minimum lot width at the front of the building line shall be 60 feet. 
(G) Yards. Except as provided in §§ 154.073, 154.083 and 154.116, in a C-SH zone yards shall be 
as follows: 
(1) On streets not constructed to city standards, all structures shall be setback a minimum of 
40 feet from the center line of a street, other than an alley; 
(2) All yards abutting a lot in an R-L, R-M, and R-H zone shall be a minimum of ten feet; and 
(3) For corner lots, see § 154.057. 
(H) Building height. Except as provided in §§ 154.056, 154.086 and 154.116, in a C-SH zone no 
building shall exceed a height of 35 feet. 
(I) Parking. Refer to § 154.059. 
(Ord. 590, passed 6-23-2003) 
§ 154.036 OFFICE-PROFESSIONAL COMMERCIAL ZONE (C-OP). 

In a C-OP zone the following regulations shall apply: 

(A) Uses permitted outright. In a C-OP zone the following uses and their accessory uses are 
permitted: 
2021 S-2 


Winston -Land Usage 

(1) A use permitted outright in the R-H zone provided that family dwellings are permitted only 
above the ground floor of a business and if the following conditions are met: 
(a) There shall be parking designated for the exclusive use of residents only, in an amount 
as specified in § 154.059; and 
(b) For each residential unit, there shall be a yard, patio, or other private open space area 
of at least 100 square feet with a minimum dimension of seven feet in any direction; 
(2) Professional offices, including banks and financial institutions, doctor, dentist, insurance, 
and utility offices; 
(3) Day care center; 
(4) Day care group home; and 
(5) Day nursery, preschool and kindergarten. 
(B) Conditional uses permitted. In a C-OP zone, the following uses and their accessory uses may 
be permitted subject to the provisions of §§ 154.115 through 154.119. 
(1) Hospitals; 
(2) Schools; 
(3) Churches; and 
(4) Public and semi-public buildings, structures and uses essential to the physical, social and 
economic welfare of the area, including but not limited to fire stations, schools, granges, community 
halls, water and wastewater treatment plants and parks. 
(C) Lot size and width. Except as provided in §§ 154.084 and 154.116, the minimum lot size and 
width in a C-OP zone shall be as follows: 
(1) The minimum lot area shall be 6,000 square feet; and 
(2) The minimum lot width at the front of the building line shall be 60 feet. 
(D) Yards. Except as provided in §§ 154.056, 154.073 and 154.116, in a C-OP zone yards shall be 
as follows: 
(1) Front yard -0; 
(2) Side yard -0; 
2021 S-2 


Zoning Code 125 

(3) Rear yard -0; 
(4) On streets not constructed to city standards, all structures shall be setback a minimum of 
40 feet from the center line of a street (other than an alley); 
(5) All yards abutting a lot in any residential zone shall be a minimum of ten feet; and 
(6) For corner lots, see § 154.057. 
(E) Building height. Except as provided in §§ 154.056, 154.086 and 154.116, and in a C-OP zone 
no building shall exceed a height of 35 feet. 
(F) Parking. Refer to § 154.059. 
(Ord. 590, passed 6-23-2003) 
§ 154.037 HIGHWAY-COMMERCIAL ZONE (C-H). 

In a C-H zone the following regulations shall apply. 

(A) Uses permitted outright. In a C-H zone the following uses and their accessory uses are permitted 
outright: 
(1) Hotels and motels; 
(2) Restaurants; 
(3) Gift or souvenir shops; and 
(4) Destination resorts. 
(B) Conditional uses permitted. In a C-H zone, the following uses and their accessory uses may be 
permitted subject to provisions of §§ 154.116 through 154.118: 
(1) Service stations providing fuel and minor repair; and 
(2) Public and semi-public buildings, structures and uses essential to the physical, social and 
economic welfare of the area, including but not limited to fire stations, schools, granges, community 
halls, water and wastewater treatment plants, parks and churches. 
(C) Lot size and width. Except as provided in §§ 154.084, 154.116, and 154.117, the minimum 
lot size and width in a C-H zone shall be as follows: 
(1) The minimum lot area shall be 15,000 square feet; and 
2021 S-2 


Winston -Land Usage 

(2) The minimum lot width at the front building shall be 100 feet. 
(D) Yards. Except as provided in §§ 154.056, 154.073, 154.083, 154.116 and 154.117, in a C-H 
zone yards shall be as follows: 
(1) Front -20 feet; 
(2) Side (except as below) -0 feet; 
(3) Side where adjacent to street -ten feet; 
(4) Rear -0 feet; 
(5) On streets not constructed to city standards, all structures shall be setback a minimum of 
40 feet from the center line of a street (other than an alley); 
(6) All yards abutting a lot in any residential zone shall be a minimum of ten feet; and 
(7) For corner lots, see § 154.057. 
(E) Building height. Except as provided in §§ 154.056, 154.086, 154.116, and 154.117, in a C-H 
zone no building shall exceed a height of 35 feet. 
(F) Parking. Refer to § 154.059. 
(Ord. 590, passed 6-23-2003) 
§ 154.038 GENERAL COMMERCIAL (C-G). 

In a C-G zone the following regulations shall apply: 

(A) Uses permitted outright. In a C-G zone the following uses and their accessory uses are permitted 
outright: 
(1) A use permitted outright in the R-H zone provided that family dwellings are permitted only 
above the ground floor of a business building and if the following conditions are met: 
(a) There shall be parking designated for the exclusive use of residents only, in an amount 
specified in § 154.059; and 
(b) For each residential unit, there shall be a yard, patio, or other private open space of 
at least 100 square feet, with a minimum dimension of seven feet in any direction; 
(2) Car wash; 
2021 S-2 

Zoning Code 127 

(3) Bakery or restaurant; 
(4) Bowling alley, theater or miniature golf course; 
(5) Financial institution; 
(6) Gift or souvenir shop; 
(7) Motel or hotel; 
(8) Retail sales; 
(9) Tavern, night club, cocktail lounge; 
(10) Barber or beauty shop; 
(11) Bus station, taxi stand; 
(12) Clinic; 
(13) Club, lodge, fraternal organization; 
(14) Drug store; 
(15) Food store; 
(16) Laundromat; 
(17) Museum, art gallery, or similar facility; 
(18) Office; 
(19) Parking lot; 
(20) Implement, machinery, and heavy equipment sales and service; 
(21) Mortuary; 
(22) Newspaper office; 
(23) Tire sales and repair (not including tire recapping), provided that all repairs shall be 
conducted entirely within an enclosed building; 
(24) Upholstery shop; 
2021 S-2 


Winston -Land Usage 

(25) The following uses provided that all business, service, storage, sales, repair, and display 
shall be conducted entirely within an enclosed building: 
(a) Veterinarian, animal hospital; 
(b) Lumber or building materials sales and storage; and 
(c) Contractor's office and storage; 
(26) Service stations providing fuel and minor repair; 
(27) Day care center; 
(28) Day care group home; 
(29) Day nursery, preschool and kindergarten; 
(30) A medical marijuana facility, subject to the following standards: 
(a) No portion of the facility shall be located within 1,000 feet of the property boundary 
of another medical marijuana facility; 
(b) No portion of the facility shall be located within 1,000 feet of the property boundary 
of a public or private elementary, secondary or career school* attended primarily by minors; 
(c) No portion of the facility shall be located within 1,000 feet of the property boundary 
of a registered Head Start facility, or a licensed preschool or daycare facility; 
(d) No portion of the facility shall be located within 500 feet of the property boundary of 
an established tax-exempt church; 
(e) No portion of the facility shall be located within 200 feet of any property with a public 
plan designation or zoned for (PR) Public Reserve and/or parks, unless an arterial street runs between 
the facility and those properties; 
(f) The facility shall not be located at a registered grow site; 
(g) The maximum hours of operation for the facility shall be 9:00 a.m. through 7:00 p.m; 
(h) No mobile facility or services shall be authorized; 
2021 S-2 


Zoning Code 129 

(i) Proof of an approved Oregon Health Authority (OHA) registration shall be provided, 
demonstrating that the facility is in full compliance with O.R.S. 475.314 and O.A.R. 333-008-1000 
through 333-008-1400, which includes a criminal background check of the person responsible for the 
facility, a security alarm system installed by an alarm installation company, and a fully operational video 
surveillance recording system; and 
(j) The facility shall comply with all applicable parking, setback, signage and other 
property development standards of the C-G zone. 
*As defined in O.A.R. 333-008-1010, "career school" means any private proprietary 
professional, technical, business or other school instruction, organization or person 
that offers any instruction or training for the purpose or purported purpose of 
instructing, training or preparing persons for any profession at a physical location 
attended primarily by minors. 

(B) Conditional uses permitted. In a C-G zone, the following uses and their accessory uses may be 
permitted subject to the provisions of §§ 154.117 and 154.118: 
(1) Boat moorage or launching facility; 
(2) Cabinet or similar woodworking shop; 
(3) Church, non-profit religious or philanthropic institution; 
(4) Golf course; 
(5) Public and semi-public buildings, structures and uses essential to the physical, social and 
economic welfare of the area, including but not limited to fire stations, schools, granges, community 
halls, water and wastewater treatment plants and parks; 
(6) Hospital, nursing home, rest home, retirement home, or similar facility; 
(7) Public utility facility; 
(8) Manufacturing, assembling, fabrication, processing, packing, storage, or wholesaling use, 
except for use specified in § 154.040(B), and except a use declared a nuisance by this chapter, or by a 
court of competent jurisdiction; 
(9) Commercial amusement or recreation establishment; 
(10) "Mini" storage warehouses; and 
(11) Automobile, boat, truck, or trailer sales, service, or repair, provided that all repair shall 
be conducted entirely within an enclosed building. 
2021 S-2 


Winston -Land Usage 

(C) Lot size and width. Except as provided in §§ 154.084, 154.116, and 154.117, the minimum 
lot size and width in any C-G zone shall be as follows: 
(1) The minimum lot areas shall be 6,000 square feet; and 
(2) The minimum lot width at the front building line shall be 60 feet. 
(D) Yards. Except as provided in §§ 154.056, 154.073, 154.083, 154.116. and 154.117, in a C-G 
zone yards shall be as follows: 
(1) On streets not constructed to city standards, the front setbacks of structures shall be setback 
a minimum of 40 feet from the center line of a street (other than an alley); 
(2) All yards abutting a lot in an R-L, R-M, and R-H zone shall be a minimum of ten feet; and 
(3) For corner lots, see § 154.057. 
(E) Building height. Except as provided in § § 154.056, 154.086, 154.116, and 154.117, in a C-G 
zone no building shall exceed a height of 35 feet. 
(F) Parking. Refer to § 154.059. 
(Ord. 590, passed 6-23-2003) 
§ 154.039 INDUSTRIAL LIMITED ZONE (M-L). 

In an M-L zone the following regulations shall apply: 

(A) Uses permitted outright. In an M-L zone the following uses and their accessory uses are 
permitted outright but not subject to the same limitations which apply to the conduct of business, sales, 
service, repair, and storage in an enclosed building in a C-G zone: 
(1) Boat moorage or launching facility; 
(2) Cabinet or similar woodworking shop; 
(3) Commercial amusement or recreation establishment; 
(4) Feed and seed store; 
(5) Ice or cold storage plant; 
(6) Implement, machinery, heavy equipment repair; 
(7) Truck terminal, freight depot; 
2021 S-2 

Zoning Code 131 

(8) Warehouse; 
(9) Welding, sheet metal, or machine shop; and 
(10) Wholesale establishment. 
(B) Conditional uses permitted. In an M-L zone the following uses and their accessory uses may 
be permitted subject to the provisions of §§ 154.116 through 154.118: 
(1) Family dwellings above the ground floor of a business building and if the following 
conditions are met: 
(a) There shall be parking designated for the exclusive use of residents only, in an amount 
as specified in § 154.059; and 
(b) For each residential unit, there shall be a yard, patio, or other private open space of 
at least 100 square feet with a minimum dimension of seven feet in any direction; 
(2) Bulk oil or gas storage facility; 
(3) Church, non-profit religious or philanthropic organization; 
(4) Community center; 
(5) Public and semi-public buildings, structures and uses essential to the physical, social and 
economic welfare of the area, including but not limited to fire stations, schools, granges, community 
halls, water and wastewater treatment plants and parks; and 
(6) Public utility facility. 
(C) Lot size and width. Except as provided in §§ 154.084, 154.116, and 154.117, the minimum 
lot size and width in any M-L zone shall be as follows: 
(1) The minimum lot areas shall be 15,000 square feet; and 
(2) The minimum lot width at the front building line shall be 100 feet. 
(D) Yards. Except as provided in §§ 154.056, 154.073, 154.083, 154.085, 154.116, and 154.117, 
in an M-L zone yards shall be as follows: 
(1) On streets not constructed to city standards, the front setback of structures shall be setback 
a minimum of 40 feet from the center line of a street (other than an alley); and 
(2) All yards abutting a lot in an R-L, R-M, and R-H zone shall be a minimum of ten feet. 
2021 S-2 


Winston -Land Usage 

(E) Building height. Except as provided in § § 154.056, 154.086, 154.116, and 154.117, in an M-L 
zone no building shall exceed a height of 35 feet. 
(F) Parking. Refer to § 154.059. 
(Ord. 590, passed 6-23-2003) 
§ 154.040 INDUSTRIAL GENERAL ZONE (M-G). 

In an M-G zone the following regulations shall apply: 

(A) Uses permitted outright. In an M-G zone the following uses and their accessory uses are 
permitted outright: 
(1) Manufacturing, assembling, fabricating, processing, packing, storage, or wholesaling use 
except a use specified in § 154.040(B) and except a use declared a nuisance by statute, by ordinance, or 
by a court of competent jurisdiction; 
(2) Automobile, truck, or trailer sales, service, repair, display, or storage; 
(3) Boat moorage or launching establishment; 
(4) Feed and seed stores; 
(5) Governmental structure or land use; 
(6) Implement, machinery, or heavy equipment sales, service, repair, display, or storage; 
(7) Office; 
(8) Residence for night watchmen or caretaker; 
(9) Truck terminal, freight depot; and 
(10) Public utility facility. 
(B) Conditional uses permitted. In an M-G zone the following uses and their accessory uses may 
be permitted subject to the provisions of §§ 154.116 through 115.118: 
(1) Acid manufacture; 
(2) Automobile wreckage yard; 
(3) Cement, lime, gypsum, plaster of Paris manufacture; 
2021 S-2 


Zoning Code 133 

(4) Explosives manufacture and storage; 
(5) Extraction or processing of sand, gravel, or other earth product; 
(6) Fertilizer manufacture; 
(7) Gas manufacture; 
(8) Glue manufacture; 
(9) Junk yard; 
(10) Petroleum or petroleum products refining; 
(11) Pulp mill; 
(12) Refuse disposal area; 
(13) Rendering plant; 
(14) Slaughter house, stockyard; 
(15) Smelting or refining of metallic ore; and 
(16) Public and semi-public buildings, structures and uses essential to the physical, social and 
economic welfare of the area, including but not limited to fire stations, schools, granges, community 
halls, water and wastewater treatment plants, parks and churches. 
(C) Lot size and width. Except as provided in §§ 154.084, 154.116, and 154.117, the minimum size 
and width in any M-G zone shall be as follows: 
(1) The minimum lot area shall be one acre; and 
(2) The minimum lot width at the front building line shall be 100 feet. 
(D) Yards. Except as provided in §§ 154.056, 154.073, 154.083, 154.085, 154.116, and 154.117, 
in an M-G zone yard shall be as follows: 
(1) On streets not constructed to city standards, the front setback of structures shall be setback 
a minimum of 40 feet from the center line of a street, (other than an alley); and 
(2) All yards abutting a lot in an R-L, R-M and R-H zone shall be a minimum of 50 feet. 
(Ord. 590, passed 6-23-2003) 
2021 S-2 


Winston -Land Usage 

§ 154.041 PLANNED UNIT DEVELOPMENT ZONE (PUD). 

The purpose of a planned unit development is to provide a means of creating harmonious planned 
environments through the application of flexible and diversified land development standards; to 
encourage the application of new development techniques and technology which will result in superior 
living or development arrangements; to promote the efficient use of land to facilitate more economic 
provision of housing, circulation systems, utilities and their maintenance; to promote energy conservation 
and use of renewable energy resources; to preserve to the greatest extent possible significant landscape 
features and to utilize such features in a harmonious fashion; and to provide for more usable and suitably 
located open space and recreation facilities than would otherwise be provided under conventional land 
development procedures. 

The purpose of the planned unit development process is also to provide special site review for 
development occurring in areas designated in the comprehensive plan and zoning map by a PUD overlay. 

(A) Types of PUDs and general process of consideration. Planned unit developments shall fall into 
two basic categories: 
(1) (a) PUDs involving land division and/or condominiums and development of property the 
nature of which requires the application of flexible standards of development not afforded by strict 
application of the usual zoning and land division regulations, and/or involving cases where the applicant 
sees such flexibility to achieve a desired design. The consideration process in this case is substantively 
a specialized subdivision proceeding with special site review. 
(b) The preceding shall include a determination of the appropriate development standards 
to be applied, wherein appropriate regulatory flexibility is granted in specific terms in exchange for 
development amenities and/or mitigation of potential adverse impacts on significant landscape features, 
neighboring properties and uses. 
(c) The consideration process shall culminate in the review and approval of a detailed site 
plan and formal articulation of conditions and standards of development. 
(d) Factors to be reviewed by the hearing body include the following: 
1. Clustered or compact development with open space protection and enhancement; 
2. Dedications of land to public for public recreational facilities; 
3. Increased density; 
4. Architectural design regulation; 
5. Extraordinary landscaping; 
2021 S-2 


Zoning Code 135 

6. Amenities and design for the special needs of children, the elderly, the 
handicapped or disadvantaged persons; 
7. Recreational and cultural amenities; 
8. Urban agriculture/silviculture production; 
9. Low-cost housing programs; 
10. Traffic and parking regulation and provisions; 
11. Energy conservation enhancement; 
12. Special protection of environmentally sensitive areas and historical and natural 
resources on-site and those off-site; 
13. Development of uses not normally permitted in the zoning district(s) of the subject 
property; 
14. Structure height, setbacks and lot coverage; and 
15. Lot area and dimension. 
(2) (a) PUDs involving the development without land division or condominium on property 
whose nature and/or location have been determined by designation in the comprehensive plan and/or 
zoning map (Flood Zone, Slope, Wetland, etc.) to be of a sensitive nature with an acknowledged 
potential for adverse impacts on surrounding properties or uses, either directly adjacent or in the general 
vicinity, and/or on the community in general. The process in this instance is substantively a special site 
review with public hearing. 
(b) The site plan approval process may provide for the application of conditions to the site 
plan. Such conditions may consist of development criteria articulated herein or conditions in addition to 
the standard development criteria. 
(c) Factors to be reviewed by the hearing body include the following: 
1. Screening and buffering of sight, access, noise, light, vibration, etc., from 
neighboring properties, uses and rights-of-way; 
2. Protection of significant landscape features and historic and natural resources; 
3. Traffic and parking regulation; 
4. Enhancement of storm drainage facilities; 
2021 S-2 


Winston -Land Usage 

5. Uses not normally permitted by the zoning; 
6. Extraordinary landscaping; and 
7. Structure height, setbacks and lot coverage. 
(B) Definitions. The following definitions apply only to the planned unit development section of this 
chapter: 
COMMON OPEN SPACE. Open space reserved primarily for the leisure and recreational use 
of all PUD residents, and owned and maintained in common by them through a homeowners association 
or other legal arrangement. 

ESSENTIAL IMPROVEMENTS. Public and/or private streets and other improved vehicular 
and emergency access provisions, sanitary sewer, storm drainage facilities, water for domestic and fire 
flows, electricity and telephone. 

GROSS ACREAGE. The acreage of the entire PUD, less the acreage devoted to public streets, 
public or semi-public building, kindergarten or day-care uses. 

LANDSCAPE FEATURES. Natural features of the PUD site, including waterways, wetlands, 
rock outcroppings, forest areas and significant wildlife habitat areas. 

NET ACREAGE. The acreage of the PUD devoted to residential use, including residential 
building sites, private open space and private streets and driveways. 

OPEN SPACE. Land not covered by buildings or structures, except minor recreational 
structures. Open space does not include streets, driveways, parking lots or loading areas. Landscaped 
roof areas devoted to recreational or leisure-time activities, freely accessible to residents, may be counted 
as open space at a value of 50% of actual roof area devoted to these uses. 

PRIVATE OPEN SPACE. Open space located immediately adjacent to an individual dwelling 
unit, owned and maintained by the owners of the dwelling unit, and reserved exclusively for the use of 
the residents of the dwelling unit. 

PUBLIC OPEN SPACE. Open space dedicated in fee to a public agency and maintained by the 
agency for public use. 

(C) PUD preliminary development plan application and approval. 
(1) An application for PUD preliminary development plan approval shall be initiated as 
provided in §§ 154.170 through 154.191; 
(2) The PUD preliminary development plan shall consist of the following: 
2021 S-2 


Zoning Code 137 

(a) Written documents. 
1. A legal description of the total site proposed for development, including a 
statement of present and proposed ownership and present zoning, or any proposed zoning. 
2. A statement of planning objectives to be achieved by the PUD through the 
particular approach proposed by the applicant. This statement should include a description of the 
character of the proposed development and adjacent areas, discussion of how the proposed development 
will relate to the natural environment and significant landscape features of the site and adjacent areas, 
and the rationale behind the assumptions and choices made by the applicant. 
3. A development schedule indicating the approximate date when construction of the 
PUD or stages of the PUD can be expected to begin and be completed. 
4. A statement of the applicant's intentions with regard to the future selling or leasing 
of all or portions of the PUD, such as land areas, dwelling units, commercial and industrial structures, 
etc. 
5. Information regarding the establishment of a property owners association or other 
similar entity, if any common space or facilities are contemplated. 
6. Quantitative data for the following. Total number and type of dwelling units; 
parcel sizes; proposed lot coverage of buildings and structures; approximate gross and net residential 
acreage; total amount of open space; amounts of private, common and public open space; total area and 
types of nonresidential construction; economic feasibility studies or market analysis where necessary to 
support the objectives of the development. 
7. Proposed covenants, if any. 
(b) Site plan and supporting maps. A site plan and any maps necessary to show the major 
details of the proposed PUD, containing the following minimum information: 
1. The existing site conditions, including contours at five-foot intervals, water 
courses, floodplains and other areas subject to natural hazards, significant landscape features and forest 
cover. 
2. Proposed property lines and layout design. 
3. The location and floor area size of all existing and proposed buildings, structures 
and other improvements, including maximum heights, types of dwelling units, and non-residential 
structures, including commercial and industrial facilities, and elevation plans of major structures. Major 
structures do not include single-family and two-family dwellings. 
2021 S-2 


Winston -Land Usage 

4. The location and size in acres or square feet of all areas to be conveyed, dedicated 
or reserved as common or public open spaces or recreational areas, school sites and similar public and 
semi-public uses. 
5. The existing and proposed circulation system of arterial, collector and local streets, 
including off-street parking areas, service areas, loading areas and major points of access to public 
rights-of-way. Notations of proposed ownership--public or private--should be included where 
appropriate. 
6. The existing and proposed pedestrian and bicycle circulation system, including its 
interrelationships with the vehicular circulation system indicating proposed treatment of points of 
conflicts. 
7. The existing and proposed system for providing sewage disposal, water, 
electricity, gas, fire protection and telephone services. 
8. A general schematic landscape plan indicating the technique and materials to be 
used for private, common and public open spaces. 
9. A preliminary subdivision or partition plan if the land is to be divided, including 
all information required for the filing of a preliminary subdivision or partition plan as specified in the 
subdivision ordinance, as codified in Chapter 153 of this code. 
10. Enough information on land areas adjacent to the proposed PUD, including land 
uses, zoning classifications, densities, circulating systems, public facilities and significant landscape 
features, to indicate the relationships between the proposed development and the adjacent areas. 
11. The proposed treatment of the perimeter of the PUD, including materials and 
techniques to be used, such as landscaping, screens, fences and walls. 
(D) The approving authority shall approve the PUD preliminary development plan if it finds: 
(1) The proposed PUD is consistent with applicable comprehensive plan goals, policies and 
map designations, and with the purpose statement set forth in § 154.037. 
(2) The preliminary development plan meets the development standards laid out in divisions 
(F) through (P) of this section. 
(3) If the preliminary development plan provides for phased development, pursuant to division 
(O) of this section, that each phase meets the standards of division (O)(3) of this section, and that the 
applicant has the capability to obtain final development plan approval in the time limits imposed. 
(4) Exceptions from the standards of the underlying zone district or from the quantitative 
requirements of the subdivision ordinance, as codified in Chapter 153 of this code, are warranted by 
amenities and other design features of the PUD furthering the purpose statement of this section. 
2021 S-2 


Zoning Code 139 

(5) Any conditions or modifications imposed by the approving authority in the preliminary 
development plan approval are necessary to meet the requirements of divisions (E) to (N), to further the 
purpose statement of this section, or to comply with the comprehensive plan. 
(E) Standards and criteria for PUD development in non-residential districts. PUDs in 
non-residential districts shall be developed to standards applied by the approving authority pursuant to 
the purpose statement in division (A) of this section. 
(F) Standards and criteria for PUD development in residential districts. A PUD must meet the 
development standards of this subsection and those applied in conditions of approval pursuant to 
§ 154.041(A). 
(1) Minimum site size. A parcel to be developed as a PUD in any residential district shall be 
of such a size that at least four dwelling units would be permitted by the underlying district. 
(2) Permitted uses. The following uses are permitted subject to the general standards of the 
planned unit development section of this chapter: 
(a) Residential uses. Single-family dwellings, duplexes, mobile homes conforming to the 
standards established in §§ 154.082 and 154.089, multi-family dwellings, including townhouses, row 
houses, apartments and condominiums and accessory buildings such as garages, storerooms, woodsheds, 
hobby shops, laundries, playhouses, or similar and related uses may be permitted. 
(b) Commercial uses. Retail commercial uses may be permitted in a PUD if the approving 
authority determines that they are designed to serve primarily the residents of the PUD. The approving 
authority may require that the applicant submit a market analysis demonstrating that the amount of land 
proposed for commercial use is needed for, and realistically can be supported, commercial use by the 
residents of the PUD. 
(c) Other uses. If designed to serve primarily the residents of a PUD, the following uses 
may be permitted. If designed to serve residents of adjacent areas, as well, the following uses may be 
permitted by the approving authority if it finds that such use is consistent with the purpose statement of 
§ 154.041 and with the surrounding zone district: 
1. Public and semi-public buildings, including schools, churches, libraries, 
community centers, fire stations, pump stations and substations. 
2. Park, playground or golf course. 
3. Privately-operated kindergartens or day nurseries. 
(G) Density criteria. 
2021 S-2 


Winston -Land Usage 

(1) Basic allowable density. The number of dwelling units in a PUD shall not exceed the 
number that would be allowed on the gross acreage of the site by the comprehensive plan land use 
designation, except that the Commission may allow an increase of up to 15% if it finds that such increase 
is compensated by the provision of amenities described in division (A)(1) of this section and can be 
reasonably accommodated on the site without adversely affecting public facilities, significant landscape 
features, or properties and uses in the vicinity. 
(H) Lot sizes. Where lots are proposed, size and shape shall be determined with consideration given 
to the types of structures contemplated and the privacy and safety needs of the residents. Appropriateness 
shall be demonstrated. 
(I) Building spacing and yard requirements. 
(1) General requirements. A preliminary development plan shall provide for reasonable light, 
ventilation, safety separation and visual and acoustic privacy for residences and other structures. Fences, 
insulation, walks, barriers and landscaping shall be used, as appropriate, for the protection and aesthetic 
enhancement of property and the privacy of its occupants, screening of objectionable views, and 
reduction of noise. High-rise buildings shall be located within a PUD in such a way as to avoid adverse 
impact on neighboring low-rise buildings and shall not invade the privacy of the occupants of such 
low-rise buildings. 
(2) Yard requirements; detached dwellings. Yard requirements (setbacks) for detached 
dwellings in a PUD shall be as established by the applicable zoning district, except that one side yard 
may be reduced or eliminated, provided the adjoining side yard of the abutting lot shall be increased by 
an amount equal to the reduction, or by 50% over the minimum side yard requirement of the applicable 
zoning district, whichever is less. 
(3) Yard requirements; attached dwellings. Yard requirements for attached dwellings in a PUD 
shall be as established by the applicable zoning district, except that two single-family dwellings may be 
attached along one common property line and may also have a garage or carport attached along the same 
common line, provided the conditions of division (J)(5) of this section are satisfied. 
(4) Front yard variation. In a PUD, front yards may be varied so as to facilitate a staggered 
effect to avoid monotony and enhance the aesthetics of the development, provided the following 
requirements are met: 
(a) The average front yard of no more than every three consecutive dwellings along a street 
shall be no less than the minimum requirement of the applicable zoning district, and in no case shall a 
front yard be less than ten feet. 
(b) Front and side yards of corner lots shall not be varied under the provisions of the 
planned unit development section of this chapter if such variation would result in encroachment into the 
required clear vision area otherwise established by this chapter. 
(5) Zero property line development. 
2021 S-2 


Zoning Code 141 

(a) Zero property line attached development shall only be permitted in a planned unit 
development approved pursuant to the provisions and standards set forth in the planned unit development 
section of this chapter. 
(b) All lots utilizing zero property line attached development shall be clearly identified on 
the development plan. Once approved, such specified lots shall be considered fixed and shall not be 
transferable except as provided in division (Y). 
(c) When a side yard is eliminated as a result of zero property line development, the other 
side yard on the same lot shall be increased by 50% over the minimum side yard requirement of the 
applicable zoning district. 
(d) In addition to the declaration of covenants and restrictions otherwise required by the 
planned unit development section of this chapter, the applicant or developer shall prepare special deed 
restrictions that run with each lot to be approved for zero property line development. Such special deed 
restrictions shall be acceptable to the approving authority, and shall make provision for the following: 
1. Assurance that the lots and the dwellings thereon will be used for residential 
purposes only. 
2. Provisions for the repair and maintenance of the lots, the dwellings thereon, and 
all related facilities, as well as a method of fair payment for such repairs and maintenance. 
3. Provisions for mutual consent prior to making structural, paint or decorative 
changes to the building exterior, as well as the location, height and design of fencing and major 
landscape work. 
4. Provisions for equitably resolving liens filed against areas of common 
responsibility or interest. 
5. Provisions granting access or easement to each owner for the purpose of 
maintaining or repairing the lots, the dwellings located thereon, and related facilities and improvements. 
6. Provisions for liability and equitable treatment in the event of damage or 
destruction of the building due to fire or other casualty. 
7. Provision for emergency action by one party in the absence of the other where an 
immediate threat exists to the property of the former. 
(e) Such special deed restrictions, when accepted by the approving authority, shall be filed 
with the County Clerk, and shall become perpetual deed restrictions running with the subject lots. No 
building permit shall be issued for zero property line development until the deed restrictions required 
by this section have been filed with and recorded by the City Manager or his designee. 
2021 S-2 


Winston -Land Usage 

(f) Special setbacks. If the approving authority finds it necessary to meet the perimeter 
design standards of division (N) of this section, it may require a special setback from all or a portion of 
the perimeter of the PUD. 
(J) Open space. 
(1) Open space must be provided to an extent at least equal to that which would be provided 
in standard development in conformance with the underlying zone, i.e., yard setbacks. 
(2) Locations, shapes, sizes and other characteristics of open spaces shall be consistent with 
their proposed uses and the purpose of the PUD. Unless the approving authority requires otherwise to 
meet the environmental design standards of division (L) of this section, common or public open space 
shall be distributed equitably throughout the PUD in relation to the dwelling units of the residents they 
are intended to serve. 
(3) Open spaces shall be altered only to the extent necessary for their intended use or as 
otherwise reasonably necessary to permit development; use and maintenance of the PUD open spaces 
containing significant landscape features shall be left unimproved, or may be improved to assure 
protection of the features, subject to the requirements imposed by the approving authority pursuant to 
divisions (H) or (L) of this section. 
(4) The development schedule required by division (C)(2)(c) of this section shall provide for 
coordination of the improvement of open spaces with the construction of other proposed site 
improvements. 
(5) The approving authority shall require that the applicant assure the permanent maintenance 
of the common or public open space in a manner provided for by O.R.S. 94.550 to 94.780. 
(K) Environmental design. 
(1) The preliminary development plan shall provide, to the greatest extent possible, for the 
preservation of significant landscape features, historic sites and landmarks, and for the integration of the 
proposed development with the environmental characteristics of the site and adjacent areas. The 
approving authority may require that significant landscape features and historical sites be preserved as 
part of the common or public open space of the project. 
(2) Excessive site clearing of topsoil, trees and natural features before the commencement of 
construction operations shall be discouraged. The approving authority may require the applicant to 
submit a grading plan detailing proposed excavation, earth-moving procedures, and other changes to the 
landscape, in order to ensure preservation of the character of the area to be retained in open space. 
(3) Sites or residential and non-residential buildings shall be discouraged in areas of natural 
hazards, such areas subject to flooding, landslides and areas with unstable soil formations. The approving 
authority may require that all floodplains be preserved as permanent common or public open space of 
the proposed development and be left unimproved or improved to assure minimization of the hazard. 
2021 S-2 


Zoning Code 143 

(4) All slopes shall be planted or otherwise protected from the effects of storm runoff erosion 
and shall be of a character to cause the slope to blend with the surrounding terrain and development. The 
applicant shall provide for maintenance of the planting for a period of time established by the approving 
authority. 
(5) Preliminary development plans are encouraged to promote the conservation of energy and 
use of solar or other renewable energy resources through such factors as the location and extent of site 
improvements, the orientation and exposure of buildings and usable open spaces, the types of buildings 
and the selection of building materials. 
(L) Traffic circulation. The location and number of points of access to the site, the interior 
circulation pattern of streets and pedestrian ways, the separations between pedestrians and moving and 
parked vehicles, and the arrangement of parking areas in relation to buildings and uses shall be designed 
to maximize safety and convenience and be compatible with neighboring road systems, buildings and 
uses. Design of facilities shall be appropriate to the anticipated usage and shall be approved by the 
Superintendent of Public Works. 
(M) Perimeter design. 
(1) The preliminary development plan shall minimize adverse impacts of proposed uses and 
structures in the PUD on existing and anticipated uses and structures in the adjacent area. 
(2) If topographical or other barriers do not provide reasonable privacy and the mitigation of 
potential adverse impacts on existing uses adjacent to the development, the approving authority shall 
require one or more of the following: 
(a) A special setback or setbacks of residential and nonresidential structures located on the 
perimeter, sloping of abutting lots to provide on-site drainage and view retention of existing structures. 
(b) Residential and nonresidential structures located on the perimeter of the development 
be screened by fencing, landscaping or other natural or man-made materials. 
(N) Development phasing. 
(1) The applicant may provide in the preliminary development plan for development of the 
project up to three phases. 
(2) In acting to approve the preliminary development plan, the approving authority may require 
that development be completed in up to three specific phases, if it finds that existing public facilities 
would not otherwise be adequate to serve the entire development. 
(3) If the preliminary development plan provides for phased development, each phase shall 
provide a suitable share of the development facilities and amenities, as approved by the approving 
authority. 
2021 S-2 


Winston -Land Usage 

(4) If the preliminary development plan provides for phased development, the approving 
authority shall establish time limitations for the approval of final development plans for each phase, 
except that the final development plans for the first phase must be approved within 12 months of the date 
of preliminary approval. 
(O) Duration of PUD preliminary development plan approval. 
(1) Approval of the preliminary development plan shall be valid for 12 months from the date 
of approval, provided that if an approved preliminary development plan provides for phased 
development, the approval shall be valid for the time specified for each phase, subject to the time 
limitations of division (O)(4) of this section. 
(2) If any time for obtaining final development plan approval is exceeded, the approved 
preliminary development plan, or phase of the preliminary development plans and any subsequent phase, 
shall be void. Any subsequent proposal by the applicant for planned development of the subject property 
shall be deemed a new action. 
(P) Extension of PUD preliminary development plan approval. 
(1) An applicant may request an extension of preliminary development plan approval, or, if 
the preliminary development plan approval with respect to the phase the applicant is then developing. 
(2) Such request shall be considered an application for administrative action, and shall be 
submitted to the City Manager or his designee in writing, stating the reasons why an extension should 
be granted. 
(3) The City Manager may grant an extension of up to 12 months of preliminary development 
plan approval, or, if the preliminary development plan provides for phased development, an extension 
of up to 12 months of a preliminary development plan approval with respect to the phase then being 
developed, if he determines that a change of conditions, for which the applicant was not responsible, 
would prevent the applicant from obtaining final development plan approval within the original time 
limitation. 
(Q) Improvement procedures. The design and installation of improvements to be dedicated to the 
public shall conform to the standards of §§ 153.16 to 153.18. 
(R) PUD final development plan approval. 
(1) Within 12 months of the date of approval of the preliminary development plan, unless 
otherwise specified pursuant to divisions (O) and (Q) of this section, the applicant shall submit a final 
development plan, prepared by an Oregon registered professional engineer, and supporting documents 
to the City Manager or his designee. 
(2) The final development plan shall include: 
2021 S-2 


Zoning Code 145 

(a) The site plan and maps submitted pursuant to division (C)(2) of this section in their 
final, detailed form. 
(b) The documents submitted pursuant to division (C)(2)(a)1. to 7. amended to incorporate 
any conditions imposed on the preliminary development plan approval. 
(c) Final subdivision plat or partition map, if the land is to be divided. 
(d) Declaration of creation of a planned community as required by O.R.S. 94.550 to 
94.780. 
(e) Certification by the Public Works Superintendent that public improvements have been 
installed conformance with applicable standards. 
(S) Acceptance of improvements. 
(1) Before approval of the final development plan, the applicant shall install the essential 
improvements required by the preliminary plan approval and repair existing streets and other public 
facilities damaged in the development of the PUD. The applicant may enter into an agreement with the 
property owners association, if one is incorporated, to construct non-essential improvements after 
approval of the final development. Such agreement shall specify the time period within which the 
required improvements will be completed. Such agreement is subject to the approval of the approving 
authority and shall be accompanied by an assurance as specified in division (U) of this section. 
(2) An applicant may request an extension of time for completion of required improvements. 
Such extension shall be approved only if changed conditions for which the applicant is not responsible 
have made it impossible for him to fulfill the agreement within the original time limit(s). 
(T) Performance bond for non-essential improvements. 
(1) To assure full performance of the improvement agreement, an applicant shall file one of 
the following, to be approved by the City Attorney: 
(a) A surety bond executed by a surety company authorized to transact business in the State 
of Oregon approved by the City Attorney; 
(b) A cash deposit with the property owners association; or 
(c) Certification or letter of assurance by a bank or other reputable lending institution that 
money is being held to cover the cost of improvements and incidental expenses, and that said money will 
be released only upon the direction of the Superintendent of Public Works. 
2021 S-2 


Winston -Land Usage 

(2) Such assurance of full and faithful performance shall be for a sum determined by the Public 
Works Superintendent to be sufficient to cover the cost of the improvements and repairs that may be 
required prior to approval of the final plan, including related engineering, and may include an additional 
percentage as determined by the Public Works Superintendent to cover any inflationary costs which may 
be incurred during the construction period to the full and final completion of the project. 
(U) The Planning Commission shall act on the application for final development plan approval 
within 30 days and shall approve the final development plan if the Commission finds: 
(1) The applicant has submitted all information and documents required pursuant to divisions 
(S), (T), and (U) of this section; and 
(2) The final development plan is in substantial compliance with the approved preliminary 
development plan and any conditions imposed by the approving authority. Substantial compliance means 
that any differences between the final and preliminary plans are "minor amendments," as defined in 
division (Y) of this section. 
(V) Filing and recording of final development plan. 
(1) After final development plan approval, the applicant shall submit without delay the final 
development plan for signatures of the following officials in the order listed: 
(a) Planning Commission Chair; 
(b) City Manager; 
(c) Surveyor, in accordance with the provisions of O.R.S. 92.100; 
(d) Assessor; and 
(e) County Clerk. 
(W) The approved final development plan shall be recorded in the County Clerk's office within 
30 days of the date of approval. 
(X) Amendments to approved preliminary and final plans. 
(1) Definitions. 
(a) MINOR AMENDMENT. A change which: 
1. Does not increase residential densities; 
2. Does not enlarge the boundaries of the approved plan; 
2021 S-2 


Zoning Code 147 

3. Does not change any use: 
4. Does not change the general location or amount of land devoted to a specific land 
use, including open space; 
5. Does not eliminate the preservation of a significant landscape feature; and 
6. Includes only minor shifting of the location of buildings, proposed public or 
private streets, pedestrian ways, utility easements or common or public open spaces. 
(b) MAJOR AMENDMENT. Any change which does not meet the definition of a MINOR 
AMENDMENT. 
(2) A minor amendment to an approved preliminary or final development plan may be approved 
ministerially by the City Manager or his designee. 
(3) A major amendment to an approved preliminary or final development plan shall be 
considered a quasi-judicial action, subject to the provisions of §§ 154.170 through 154.191. 
(Ord. 590, passed 6-23-2003) 
§ 154.042 STEEP SLOPES OVERLAY ZONE (SSO). 

(A) Purpose. This Steep Slopes Overlay Zone (SSO) is intended to ensure that any development, 
land use application, or division (partition or subdivision) on lands of steep or hazardous slopes is done 
without causing danger to life or property either on or adjacent to such development, land use 
application, or division of land. 
(B) Designation. Lands designated with this overlay include areas 25% or greater slope and areas 
known to have landslides or unsuitable slopes. 
(C) Requirements. Any permit requesting for a building or structure or land use application on land 
designated as Steep Slopes Overlay Zone shall be accompanied by a written report. Such report shall be 
done by a licensed engineer or engineering geologist and shall attest to the adequacy of the soils in 
conjunction with the slope of the proposed building site or development or proposed land use application 
to support the buildings, structures and accompanying roads, driveways and excavations. The Planning 
Commission and the City Council shall consider the report and other material when reviewing a permit 
request in an area zoned Steep Slopes Overlay. 
(D) Procedure. The Planning Commission at a public hearing shall consider the submitted report, 
application materials, any testimony offered, and any other permanent material. If the Planning 
Commission determines that the application is in accord with the purpose of this overlay zone, it shall 
approve, with or without conditions, the permit requested. The procedure for review and appeal shall 
be as prescribed in §§ 154.170 through 154.191. 
(Ord. 590, passed 6-23-2003) 
2021 S-2 


Winston -Land Usage 

§ 154.043 LARGE LOT OVERLAY ZONE LLO. 

(A) Purpose. This large lot overlay zone is intended to be used in combination with another zone 
to protect lands in and around Wildlife Safari from potentially harmful development impacts associated 
with more intense urban uses by maintaining a 50 acre minimum lot size. 
(B) Designation. Lands designated with this overlay include areas around Wildlife Safari where 
more intense development may pose a threat to the economic and environmental well-being of the City 
of Winston and Wildlife Safari. 
(C) Requirements. Lots designated within a large lot overlay zone must maintain a minimum lot size 
of 50 acres, subject to the conditions of § 154.084. All other requirements of the zone used in 
combination with the large lot overlay zone shall remain in effect. 
(D) Procedure. The procedure for review and appeal of any action by the Planning Commission 
regarding interpretation or enforcement of the requirements of this zone shall be as prescribed in 
§§ 154.170 through 154.191. 
(Ord. 590, passed 6-23-2003) 
SUPPLEMENTARY PROVISIONS 

§ 154.055 ACCESS. 

Every lot or parcel shall abut a street, other than an alley, for a width of at least 25 feet, unless 
approved as an easement under § 153.11(C). 

(A) Limit access points to arterial streets from adjoining property to better define and channel traffic 
movement. 
(B) Any development for which more than six or more off-street parking spaces are required shall 
be permitted only if the property fronts on, and is served primarily by, a street having a minimum paved 
width of 24 feet along the entire frontage of the property, and such paved street connects with a collector 
or arterial street, either directly or via other streets having a minimum paved width of 24 feet. 
(C) Where a property fronts a street which has a minimum of 24 feet of paving but is not fully 
improved to city standards, the property owner shall either improve the street, or subject to the City 
Manager's determination, shall record an irrevocable offer to participate in the formation of a local 
improvement district, for the purpose of financing improvements of abutting streets to the minimum 
standard. 
2021 S-2 


Zoning Code 149 

(D) Access, parking and loading. With respect to vehicular and pedestrian ingress, egress and 
circulation, including walkways, interior drives and parking and loading areas, the location and number 
of access points for normal and emergency uses, general interior circulation, separation of pedestrian, 
bicycle and vehicular traffic, and arrangement of parking, loading and service areas and driveways shall 
be reviewed for safety, convenience and mitigation of potential adverse impacts on neighboring 
properties, on the operation of public facilities, and on the traffic flows of adjacent and nearby streets. 
(Ord. 590, passed 6-23-2003) 
§ 154.056 GENERAL PROVISIONS REGARDING ACCESSORY USES. 

An accessory use shall comply with all requirements for a principal use, except as this chapter 
specifically allows to the contrary, and shall comply with the following limitations: 

(A) In all zones, fences and walls may be located within required yards, but shall not exceed four 
feet in height in the required front yard. No fence or wall shall exceed six feet in height, and shall 
comply with the clear-vision areas in § 154.057 as applicable. 
(1) No owner or person in charge of property shall construct or maintain a barbed-wire fence 
thereon, or permit barbed-wire to remain as part of a fence along a sidewalk or public way; except such 
wire may be placed above the top of other fencing not less than six feet six inches high. 
(2) No owner or person in charge of property shall construct, maintain or operate an electric 
fence along a sidewalk or public way or along the adjoining property line of another person. 
(3) No owner or person in charge of property shall allow a fence to deteriorate in such a 
manner creating a hazard affecting the public or persons or property on or near the property. 
(B) Regardless of the side and rear yard requirements of the zone, an accessory structure in a 
residential zone may be built to within five feet of a side or rear property line provided the structure is 
more than 65 feet from the street abutting the front yard and 20 feet from the street abutting the street 
side yard, provided the structure is detached from all other buildings by ten feet or more, and provided 
the structure does not exceed a height of 15 feet and an area of 600 square feet. 
(C) Boats, trailers, pickup campers or coaches, motorized dwellings, and similar recreational 
equipment may be stored, but not occupied, on a lot as an accessory use to the dwelling provided that: 
(1) Parking or storage in a front yard or in a street side yard shall be permitted only on a 
driveway. 
(2) Parking or storage shall be at least three feet from an interior side or rear property line. 
(D) A guest accommodation may be maintained accessory to a dwelling provided there are no 
cooking facilities in the guest accommodation. 
2021 S-2 


Winston -Land Usage 

(E) A single-family dwelling may be permitted as an accessory use to a use permitted in the 
commercial or industrial zones, provided it is located in the main building. 
(Ord. 590, passed 6-23-2003) 
§ 154.057 CLEAR-VISION AREAS. 

In all residential zones a clear-vision area shall be maintained on the corners of all property at the 
intersection of two streets. However, the provisions of this section shall not apply to any of the 
following: 

(A) A public utility pole; or 
(B) An official street sign, warning sign or signal. 
(1) A clear-vision area shall contain no planting, fence except for chain link or woven wire 
fences described below, wall, structure, or temporary or permanent obstruction exceeding four feet in 
height, measured from the top of the curb, or where no curb exists, from the established street center 
line grade. Fences constructed of chain link or woven wire may be allowed exceeding four feet where 
there is no obstruction in or around the fence, and the fence does not obstruct vision. Trees exceeding 
this height may be located in this area provided all branches and foliage are removed to a height of eight 
feet above the grade. Plantings exceeding four feet may be allowed in a clear-vision area as long as the 
plantings do not obstruct vision. 
(2) Regardless of the side and rear yard requirements of the zone, an accessory structure in a 
residential zone may be built to within five feet of a side or rear property line provided the structure is 
more than 30 feet from the street abutting the front yard and 20 feet from the street abutting the street 
side yard, provided the structure is detached from all other buildings by ten feet or more, and provided 
the structure does not exceed a height of 15 feet and an area of 6,000 square feet. 
(3) A single family dwelling may be permitted as an accessory use to a use permitted in the 
commercial or industrial zones, provided it is located above the ground floor business building. 
(Ord. 590, passed 6-23-2003; Ord. 21-692, passed 3-1-2021) 
§ 154.058 GRADING. 

The purpose of this section is to mitigate, minimize or eliminate the adverse impacts caused by 
grading, fill and excavation activities on public or private property. 

(A) A city-issued grading permit shall be required before the commencement of any filling or 
grading activities. 
2021 S-2 


Zoning Code 151 

(B) Those fill and grading activities proposed to be undertaken and reviewed in conjunction with 
a land use application, including but not limited to subdivisions, planned unit developments, and 
partitions, are subject to the standards of this chapter. A separate grading permit is not required. 
(C) Grading permit exemptions. The following filling and grading activities shall not require the 
issuance of a grading permit: 
(1) Excavation for utilities, or for wells or tunnels allowed under separate permit by other 
governmental agencies or special districts; 
(2) An excavation below finished grade for basements and footings of a building, retaining wall 
or other structure authorized by a valid building permit. 
(3) Farming practices as defined in O.R.S. 30.930 and farm uses as defined in O.R.S. 215.203, 
except that buildings associated with farm practices and farm uses are subject to the requirements of this 
chapter; 
(4) Excavation for cemetery graves; 
(5) Sandbagging, diking, ditching, filling or similar work when done to protect life or property 
during an emergency; 
(6) Repaving of existing paved surfaces that does not alter existing drainage patterns; 
(7) Maintenance work on public roads performed under the direction of the city, Douglas 
County or Oregon State Department of Transportation personnel. 
(D) Submittal requirements. The Superintendent of Public Works may require: 
(1) A grading plan for the proposed project prepared by a professional engineer. 
(2) A stormwater drainage plan that mitigates on-site drainage prepared by a professional 
engineer. 
(3) For any commercial or industrial development, a geotechnical engineering report prepared 
by a professional engineer who specializes in geotechnical engineering. 
(4) For any residential development that is over 12% slope, a geotechnical engineering report 
to be prepared by a professional engineer who specializes in geotechnical engineering. 
(E) The plans will be considered complete only after review, submittal of any requested revision 
and upon written final approval by the Superintendent of Public Works. 
(Ord. 590, passed 6-23-2003) 
2021 S-2 


Winston -Land Usage 

§ 154.059 OFF-STREET PARKING REQUIREMENTS. 

At the time of erection of a new structure or at the time of enlargement or change in the use of an 
existing structure, off-street parking spaces shall be provided by the property owner or the developer in 
accordance with this section, except as otherwise provided. In an existing use, the parking space shall 
not be eliminated if elimination would result in less space than is required by this section. Where square 
feet are specified, the area measured shall be the gross floor area open to the public, necessary to the 
function of the particular use of the property, but shall exclude space devoted to off-street parking or 
loading. Where employees are specified, persons counted shall be those working on the premises during 
the largest shift at peak season, including proprietors. 

(A) Residential. 
USE MINIMUM STANDARD 
a. One, two or three family 
dwellings 
2 spaces per DU 
b. Multi-family dwelling four or 
more DU 
1½ spaces per DU 
c. Rooming or boarding 1 space for every 2 rooms 
d. Manufactured and/or mobile 
home 
2 spaces per DU 
e. Residential home 1 space for every 2 rooms 

(B) Commercial/residential. 
USE MINIMUM STANDARD 

a. Motel/hotel 1 space per guest room or suite plus 1 
space per each 5 rooms 
b. Residential care center 1 space per employee including the 
operator plus 1 space per each 5 beds 
c. RV park 1 space per unit 
2021 S-2 


Zoning Code 153 

(C) Institutional. 
USE MINIMUM STANDARD 
a. Welfare or correctional 1 space per 5 beds institution based on 
maximum capacity 
b. Residential facility 1 space per 5 beds based on maximum 
capacity 
c. Hospital 2 spaces per bed based on maximum 
capacity 
(D) Places of public assembly. 
USE MINIMUM STANDARD 
a. Church or other place of 1 space per 4 seats in the main auditorium 
religious assembly based on maximum capacity, or 1 parking 
space for each 5 occupants based on 
maximum capacity as calculated under the 
provision of the Uniform Building Code 
b. Library, reading room, museum, 1 space per 300 square feet floor area plus 
art gallery 1 space per employee 
c. Pre-school, nursery, day or child 2 spaces per off-street loading and 
care facility, kindergarten unloading area 
d. Elementary or junior high school 1 space per employee plus off-street 
loading and unloading area 
e. High school 1 space per employee, plus one space for 
each 3 students of driving age, plus off-
street loading and unloading area 
f. College; commercial school 1 space per seat in classrooms, or 1 
parking space per occupant as calculated 
under the provisions of the Uniform 
Building Code 
g. Political, civic, social or labor 1 space per 4 seats based on maximum 
organization meeting halls capacity or 1 space for each 5 occupants 
based on maximum as calculated in the 
Uniform Building Code 

2021 S-2 


Winston -Land Usage 

USE 

h. Other auditorium, meeting 
(E) Commercial recreation. 
USE 

a. Stadium, arena, theater 
b. Bowling alley 
c. Dance hall 
d. Skating rink 
e. Swimming pool facility 
f. Racquet court, athletic 
g. Other indoor recreation 
h. Outdoor recreation 
(F) Commercial. 
USE 

a. Grocery stores and retail 
b. Other retail and specialty 
2021 S-2 

MINIMUM STANDARD 

1 space per 4 seats maximum capacity or 1 
space for each 5 occupants based on 
maximum calculated in the Uniform 
Building Code 

MINIMUM STANDARD 

1 space per 3 seats based on maximum 
capacity or 1 space for each 5 occupants 
based on maximum capacity as calculated 
under the provisions of the Uniform 
Building Code 

5 spaces per lane plus 1 per employee 

1 space per 100 square feet of floor area, 
plus 1 space per 2 employees 

1 space per 200 square feet of floor area 
plus 1 space per 2 employees 

1 space per 100 square feet of floor area 

1 space per court, plus 1 space per 100 
square feet of exercise area 

1 space per 100 square feet facility of floor 
area 

1 space per 500 square feet facility of field 
or recreation area 

MINIMUM STANDARD 

1 space per 150 trade shopping centers 
square feet of floor area 

1 space per 300 store or service square feet 
of floor area 


Zoning Code 155 

USE 
c. Furniture, appliance or retail 
d. Auto, boat, manufactured home, 
mobile home, trailer sales 
e. 
f. 
g. 
h. 
i. 
Bank, professional office and 
research and development 
laboratory 
Medical and dental office, clinic 
or laboratory including 
veterinary clinic and hospitals 
Emergency or urgent care clinics 
Beauty and barber shop or other 
personal service 
Restaurant, tavern, bar 
j. Drive-in restaurant or other 
drive-in services 
k. Mortuary, funeral parlor or 
mausoleum 
l. Ambulance or rescue service 
m. Repair garages and automobile 
service stations 
n. Truck, trailer and automobile 
rental 
o. 
p. 
q. 
Private utility (gas, electric, 
telephone) 
Laundromat and dry cleaning 
facility 
Passenger transportation terminal 
2021 S-2 

MINIMUM STANDARD 

1 space per 500 square feet bulk of floor 
area 

1 space per 1,000 square feet of floor area 
plus 1 per 2 employees 

1 space per 300 square feet of floor area 

1 space per 200 square feet of floor area 

1 space per 100 square feet of floor area 

1 space per 100 square feet of floor area 

1 space per 100 square feet of floor area 

1 space per 4 seats or one space per 200 
square feet of floor area, whichever is 
greater 

1 space per 4 seats based on maximum 
seating capacity as calculated under the 
Uniform Building Code 

1 space per rescue vehicle plus 1 space per 
employee 

4 parking spaces for each service stall and 
1 per 2 gasoline pumps 

1 space per 500 square feet of floor area 
and 1 space per employee 

1 space per 500 square feet of floor area 
plus 1 space per employee 

1 space per 300 square feet 

1 space for each 5 seats based on maximum 
capacity for each transporter loading and 
unloading within any half-hour period 


Winston -Land Usage 

(G) Industrial. 
USE MINIMUM STANDARD 
a. Manufacturing establishments 1 space per each 500 square feet floor area 
b. Storage, warehouse, wholesale 
establishment; rail or trucking 
freight terminal; truck, trailer, 
or auto storage 
1 space per each 500 square feet of floor 
area plus 1 space per 2 employees 
c. Building or specialty trade 
contractor office or shop 
1 space per 300 square feet of floor area 

(H) Uses not specified. The parking requirements for buildings and uses not set forth herein shall 
be determined by the City Manager or his designee, and such determination shall be based upon the 
requirements for the most comparable building or use specified herein. The decision of the City Manager 
or his designee may be appealed to the Commission in accordance with the provisions of § 154.188. 
(I) Bicycle facilities. 
(1) (a) Bicycle parking facilities shall be provided as part of new multi-family residential 
developments of four units or more and new retail, office and institutional development. Bicycle parking 
facilities shall not be required for existing developments. 
(b) The installation of bicycle parking facilities shall occur as follows: 
USE STANDARD 

Multi-family residential -4+ 1 space per dwelling unit 
Retail 1 space per 3,000 sq. ft. 
Office 1 space per 1,000 sq. ft. 
Institutional 1 space per 1,000 sq. ft. 

(2) The installation of public bikeways as part of new subdivisions, multi-family developments, 
planned developments and for new commercial structures greater than 3,000 sq. ft. within commercial 
districts shall occur. 
(a) As a condition of development approval, public bikeway improvements necessary to 
develop designated bikeways, in the comprehensive plan, shall be installed along the front of the subject 
parcel. Bikeway improvements shall meet those standards described in the comprehensive plan and shall 
be installed under the guidance of the Public Works Department. 
(Ord. 590, passed 6-23-2003) 
2021 S-2 


Zoning Code 157 

§ 154.060 OFF-STREET LOADING AND DRIVE-UP USES. 

(A) Schools. A driveway designed for continuous forward flow of passenger vehicles for the 
purpose of loading and unloading children shall be located on the site of any school having a capacity 
greater than 25 students. 
(B) Merchandise, materials or supplies. 
(1) Buildings or structures to be built or substantially altered to receive and distribute material 
or merchandise by truck shall provide and maintain off-street loading berths in sufficient numbers and 
size to adequately handle the needs of the particular use. 
(2) If loading space has been provided in connection with an existing use or is added to an 
existing use, the loading space shall not be eliminated if elimination would result in less space than is 
required to adequately handle the needs of the particular use. Off-street parking areas used to fulfill the 
requirements of this chapter shall not be used for loading and unloading operations except during periods 
of the day when not required to take care of parking needs. 
(C) Drive-up uses. Drive-up uses shall provide a minimum stacking area clear of the public 
right-of-way or parking lot aisle from the window serving the vehicles. The stacking area shall not 
interfere with safe and efficient access to other parking areas on the property. Traffic aisles shall be wide 
enough to accommodate backing movements where adjacent to parking stalls. Parking areas shall not 
occur in the stacking area. The following shall apply to drive-up uses: 
(1) Restaurants. Each lane shall provide a minimum capacity for eight automobiles. 
(2) Banks. Each lane shall provide a minimum capacity of five automobiles. 
(3) Other drive-up uses. Each lane shall provide a minimum capacity for two to eight 
automobiles, as determined by the Director or his designee. 
(4) For purposes of this section, an automobile shall be considered no less than 18 feet in 
length. The driveway shall be at least 12 feet wide. 
(Ord. 590, passed 6-23-2003) 
§ 154.061 GENERAL PROVISIONS/OFF-STREET PARKING AND LOADING. 

The provisions and maintenance of off-street parking and loading spaces are continuing obligations 
of the property owner. No building permit shall be issued until plans are presented showing property that 
is and will remain committed to exclusive use of required off-street parking and loading space. The 
subsequent use of property for which the building permit is issued shall be conditional upon the 
unqualified continuance and availability of the amount of parking and loading space required by this 
chapter. Use of property in violation hereof shall be a violation of this chapter. Should the owner or 

2021 S-2 


Winston -Land Usage 

occupant of a lot or building change the use to which the lot or building is put, thereby increasing 
off-street parking or loading requirements, it shall be unlawful and a violation of this chapter to begin 
or maintain such altered use until the required increase in off-street parking or loading is provided. 
(Ord. 590, passed 6-23-2003) 

§ 154.062 PARKING AREA LOCATION. 

Parking areas required by this chapter shall be located on the same lot as the building they are 
required to serve, or may be located in the immediate vicinity if the following provisions are met: 

(A) Parking area in relation to building. The nearest point of the parking facility shall be no more 
than 200 feet from the nearest point of the building that such facility is required to serve; and 
(B) Parking area in relation to street block. Such off-street parking facility is located entirely within 
the same block as the building such facility is required to serve. 
(Ord. 590, passed 6-23-2003) 
§ 154.063 PARKING AREA AND DRIVEWAY DESIGN. 

All public or private parking areas, parking garages and public spaces, except those required in 
conjunction with a single-family or two-family dwelling on a single lot, shall be designed, laid out and 
constructed in accordance with the provisions of this chapter. 

(A) Driveway specifications. Groups of three or more parking spaces, except those in conjunction 
with single-family or two-family dwellings on a single lot, shall be served by a service drive or 
maneuvering aisle so that no backward movement or other maneuvering of a vehicle within a street, 
other than an alley, will be required. In addition to the specific requirements of this section, service 
drives shall be designed and constructed to facilitate the flow of traffic, provide maximum safety in 
traffic access and egress and maximum safety of pedestrian and vehicular traffic on the site. 
Driveway Widths* 
Principal Use** Minimum Width Maximum Width 
Residential: 
Single-family or two-family 
dwellings on a single lot 
12 feet 22 feet 
Single-family or two-family 
dwellings, up to two separate 
lots on a single driveway 
20 feet 39 feet 
Multiple residential serving 
three or more dwelling units 
20 feet 39 feet 

2021 S-2 


Zoning Code 159 

Driveway Widths* 
Principal Use** Minimum Width Maximum Width 
Public or professional: (two20 
feet 39 feet 
way driveway) 
Commercial: (two-way driveway) 20 feet 39 feet 
Industrial: (two-way driveway) 20 feet 39 feet 

* This measurement is not the same as the curb cut, which is measured at the street right-of-way 
line. 
** Width and design standards for approach roads providing access to large-scale commercial and 
multi-family residential developments shall be determined during the review process. One-way 
circulation may be approved at a lesser standard, subject to review by the Superintendent of 
Public Works, Winston-Dillard Fire District and Oregon State Fire Marshal. 

*** Width and design standards for approach roads connecting to a state highway must comply with 
the State of Oregon standards. 

(B) Driveway maneuvering aisles. Driveways shall be aligned with maneuvering aisles so as to 
facilitate safe and convenient ingress and egress. 
(C) Access grades. Access grades shall not exceed 15% and shall be graded to allow clearance to 
pass an automobile 18 feet in length. 
(D) Driveway location in relation to intersections. Access driveway to loading and service areas, 
and to parking areas having ten or more spaces, shall be located such that the near edge of such driveway 
is not less than 25 feet from the intersection of a side street right-of-way line or the curb return, 
whichever is nearer. 
(E) Driveway location in relation to property lines. Access driveways shall not be located closer 
than five feet to an interior side property line, except that common access driveways (not exceeding 40 
feet in width) to two adjacent properties may be provided at the common property line when a common 
driveway agreement is executed on a form provided by the City Manager or his designee and recorded 
with the County Clerk. 
(F) Parking area marking. Access driveways to parking areas having ten or more spaces shall be 
clearly marked to indicate one-way or two-way access. Two-way driveways shall have a painted 
centerline at least two-and-one-half inches in width and at least ten feet in length beginning at the interior 
edge of the sidewalk; or, where sidewalks are not present, at a point five feet from the curb line; or, 
where neither sidewalks or curbs are present, at a point five feet from the edge of the paved street 
surface. 
2021 S-2 


Winston -Land Usage 

(G) Driveway location in relation to adjacent driveways. One-way driveways to parking areas 
having ten or more spaces shall not be closer than 20 feet to any other one-way driveway, nor closer than 
35 feet to any two-way driveway. Two-way driveways to parking area having ten or more spaces shall 
not be closer than 50 feet from any other two-way driveway, nor closer than 35 feet from any one-way 
driveway. 
(Ord. 590, passed 6-23-2003) 
§ 154.064 COMMON PARKING FACILITIES FOR MIXED USES. 

In the case of mixed uses, the total requirements for off-street parking spaces shall be the sum of 
the requirements for the various uses. Off-street parking facilities for one use shall not be considered as 
providing parking facilities for any other use, except as provided below. 

(A) Joint use of parking facilities. The City Manager or his designee may authorize the joint use of 
parking facilities required by said uses and any other parking facilities, provided that: 
(1) The applicant shows that there is no substantial conflict in the principal operating hours of 
the building or use for which the joint use of parking facilities is proposed. 
(2) The parking facility for which joint use is proposed is no further than 400 feet from the 
building or use required to have parking facilities. 
(3) The parties concerned in the joint use of off-street parking facilities shall evidence 
agreement for such joint use by a legal instrument approved by the City Manager or his designee as to 
form and content. Such instrument, when approved as conforming to the provisions of this chapter, shall 
be recorded in the office of the County Recorder, and copies thereof filed with the City Manager or his 
designee. 
(Ord. 590, passed 6-23-2003) 
§ 154.065 PARKING AREA IMPROVEMENTS. 

(A) Surfacing. 
(1) All parking areas, vehicle maneuvering areas and access driveways, including to a single 
family dwelling on a single lot, shall have a durable, dust-free surfacing of asphaltic concrete, Portland 
cement concrete, brick, or concrete paver blocks. 
(a) In all residential districts, a minimum of two-and-one-half inches asphalt over four 
inches of aggregate base will be provided or four inches of Portland cement concrete. 
(b) In all other districts, either three inches asphalt over four inches aggregate base or a 
single pavement of five inches of Portland cement concrete is required. 
2021 S-2 


Zoning Code 161 

(2) All parking areas, except those in conjunction with a single-family or two-family dwelling 
on a single lot, shall be graded so as not to drain storm water over the public sidewalk or onto any 
abutting public or private property. 
(B) Perimeter curb. All parking areas except those required in conjunction with a single-or 
two-family dwelling shall provide a curb of not less than four inches in height located at a minimum of 
five feet from any one property line. 
(C) Lighting. Any lights provided to illuminate any public or private parking area or vehicle sales 
area shall be arranged and designed so as to prevent light from adversely affecting any abutting or 
adjacent residential district. 
(D) Striping. All parking spaces shall be sufficiently marked with painted stripes or other permanent 
markings acceptable to the City Manager or designee. 
(E) Wheel bumper. All parking stalls fronting a sidewalk, alleyway, street, property line, or 
building shall provide a secured wheel bumper not less than four inches in height, nor less than six feet 
in length, and shall be set back a minimum of 2½ feet from the front of the stall. 
(Ord. 590, passed 6-23-2003) 
§ 154.066 PARKING AND LANDSCAPING PLAN SUBMITTAL REQUIREMENTS. 

A parking plan, drawn to scale, must accompany site plan review applications. Depending on the 
nature and magnitude of the development, it may be possible to show the needed parking information 
on the site plan. The plan must show the following elements in conjunction with the requirements of this 
chapter: 

(A) Delineation of individual parking spaces, including handicapped accessible parking spaces. 
(B) Loading areas and docks. 
(C) Circulation area necessary to serve spaces. 
(D) Location of bicycle and motorcycle parking areas. 
(E) Access to streets, alleys, and properties to be served. 
(F) Curb cuts. 
(G) Abutting land uses. 
(H) Grading, drainage, and surfacing details. 
2021 S-2 


Winston -Land Usage 

(I) Location of lighting fixtures. 
(J) Specifications of wheel bumpers. 
(K) Proposed number of employees and amount of floor space applicable to the parking 
requirements for the proposed use. 
(L) Landscape plan. A plan, drawn to scale, showing: 
(1) Type of landscaping, fencing or other screening, including name and height of plant 
species. 
(2) Location and size of landscaped areas on the development site. 
(3) Abutting land, driveways and structures. 
(4) Plan for underground irrigation system or alternate landscape professional statement. 
(Ord. 590, passed 6-23-2003) 
§ 154.067 PARKING AREA SCREENING. 

(A) All parking areas, including service and access driveways, abutting residentially zoned 
properties shall be screened along and immediately adjacent to any interior property line. 
(1) Single family and two family dwellings are exempt from screening standards. 
(2) The placement of screening shall adhere to the clear vision standards in § 154.057. 
(3) Screening shall be located at a distance not more than five feet from the interior property 
line. 
(B) Minimum screening area requirements. The minimum improvements within a screening area 
shall consist of the following: 
(1) Screening shall consist of either: 
(a) One row of evergreen shrubs which will grow at least six feet in height within one year 
of planting; or 
(b) An earth berm combined with specified evergreen plantings consisting of five-gallon 
shrubs or ten one-gallon shrubs for each 100 lineal feet of required screening area which grows to a 
height at least six feet within one year of installation 
(Ord. 590, passed 6-23-2003) 
2021 S-2 


Zoning Code 163 

§ 154.068 PARKING AREA LANDSCAPING AND BUFFERING. 

(A) The design of the parking area landscaping shall be the responsibility of the developer and 
should consider: 
(1) Visibility of signage, traffic circulation, comfortable pedestrian access and aesthetics. 
(2) Trees shall not be sited as a reason for applying for or granting a variance on placement 
of signs. 
(B) Application. 
(1) Parking area landscaping and buffering standards shall apply to all outdoor parking areas 
that provide for five or more spaces. 
(2) Or to any paved vehicular use area 3,000 square feet or larger on the same lot or on 
contiguous tax lots under the same common ownership or use. 
(3) Parking area landscaping requirements are limited to 10% of the gross land area. 
(C) Exemptions. 
(1) The parking area landscaping and buffering standards shall be exempt for building additions 
which increase the size of an existing building by less than 20% of the gross floor area; 
(2) Any paved vehicular area which provides fewer than ten spaces shall be exempt from the 
interior property line buffering and interior parking area landscaping requirements; or 
(3) Areas used specifically as a utility storage lot or a truck loading area shall also be exempt 
from interior parking area landscaping requirements. 
(D) Specifications for trees and plant materials. Prior to approval of any parking plan, the 
Superintendent of Public Works shall be provided a list of trees and plant materials proposed for use 
upon or adjacent to public infrastructure (including but not limited to sidewalks, roads, or utility 
easements.) The Superintendent may require modifications of the tree or plant materials due to the 
potential of root damage to infrastructure. 
(E) Parking area buffering. 
(1) Perimeter buffering. All parking areas containing more than four parking spaces shall be 
buffered along street frontage (exclusive of driveways) and interior property lines adjacent to a 
residential zone with a five-foot wide strip of landscaping materials. 
(a) Where screening is required in this section the screening area shall be incorporated into 
the landscaping strip. 
2021 S-2 


Winston -Land Usage 

(b) This requirement shall not in any way prohibit joint access driveways between two or 
more adjacent parking areas. 
(2) Standards. 
(a) At a minimum landscaping per 50 lineal feet of required buffer area shall be provided 
as follows: 
1. One tree at least five feet in height. The tree species shall be approved by the 
Superintendent of Public Works in order to avoid root damage to pavement and utilities. 
2. A five-gallon or eight one-gallon shrubs. 
3. The remaining area shall be treated with lawn or other ground cover. 
(F) Interior parking area landscaping. A minimum of 5% of the total area within the paved parking 
and maneuvering area or at a ratio of one landscape planter per ten parking spaces, whichever is greater 
shall be provided within the paved parking lot area, not in adjacent buffer or screening areas. This 
requirement shall not in any way prohibit a developer from grouping the required interior landscaping 
area in one or more sections of the parking lot. 
(1) Interior parking area landscaping standards. 
(a) For each 160 square feet of required interior parking area landscaping shall provide 
a tree at least six feet high. The tree or trees shall be planted in a landscaped area such that the tree trunk 
is at least two feet from any curb or paved area. 
(b) For each 100 square feet of required interior parking area landscaping provide two 
shrubs. 
(c) Planters shall be surrounded by a perimeter curb not less than four inches high. The 
remaining planter area shall be treated with ground cover. 
(d) The tree species shall be reviewed and approved by the Superintendent of Public Works 
to avoid root damage to pavement and utilities, and damage from droppings on parked cars and 
walkways. 
(e) All landscaped areas must be provided with a piped underground water supply 
irrigation system, or have verification from a landscape professional that the proposed plant materials 
do not require irrigation. 
(G) Maintenance of landscaped areas. It shall be the continuing obligation of the property owner 
to maintain required landscaped areas in an attractive manner, free of weeds and noxious vegetation. In 
addition, the minimum amount of required living landscape materials shall be maintained. 
2021 S-2 


Zoning Code 165 

(H) Landscape area credit for preservation of existing trees. A system of landscape area credits has 
been established as an incentive for property owners and developers to preserve existing trees and to 
include them in the landscape plan for proposed developments. 
(1) Landscape credit system. The City Manager or his designee may reduce the number of 
required interior parking area planters by one for each preserved tree on the development site. 
(2) Limits to landscape area credit. Landscape credit shall be applied only to the required 
interior parking area landscaping and credit for preserved trees shall be limited to 60% of the total 
interior parking area landscaping requirement. Landscape credit shall not be granted for trees preserved 
within a required riparian habitat. 
(Ord. 590, passed 6-23-2003) 
§ 154.069 ACCESSIBLE PARKING. 

(A) All parking areas for government and public buildings shall provide accessible parking based 
on the following ratio: 
Total Parking Area Spaces Required Accessible Space 

1-25 spaces 1 space 
26-50 spaces 2 spaces 
51-75 spaces 3 spaces 
76-100 spaces 4 spaces 
101-150 spaces 5 spaces 
151-200 spaces 6 spaces 
201-300 spaces 7 spaces 

(B) One additional accessible parking space shall be provided for each additional 100 spaces or 
fractions that are provided thereafter. 
(C) For each accessible parking space provided which conforms to the provisions of this section, 
one parking space, otherwise required by § 154.059, may be eliminated subject to the following 
limitations: 
(1) Space specifications. Each accessible parking space shall be at least nine feet wide and shall 
have an adjacent access aisle. The adjacent aisle shall be at least six feet wide for standard spaces and 
eight feet wide for "van-accessible" spaces. If one accessible space is provided, it shall be designated 
"van-accessible." All other spaces may be either "van-accessible" or standard spaces. 
2021 S-2 


Winston -Land Usage 

(2) Access aisle. The aisle shall be located on the passenger side of the parking space except 
that two adjacent accessible parking spaces may share an aisle. 
(3) Signs and pavement markings. A sign shall be posted for each accessible parking space. The 
sign shall be clearly visible to a person parking in the space and marked with the international symbol 
of accessibility; indicate that the spaces are reserved for persons with disabled person parking permits 
and be designed to standards adopted by the Uniform Building Code. The pavement of each accessible 
parking space shall be clearly marked with the international symbol of accessibility and be designed to 
standards adopted by the Uniform Building Code. 
(D) Space location. Each accessible parking space and adjacent aisle shall be situated so as to avoid 
requiring any person using the space from having to cross or traverse within any access driveway, 
vehicle maneuvering area or other vehicle traffic lane. 
(E) Ramps. When accessible parking spaces are provided, safe and convenient curb ramps shall be 
installed to meet uniform building code specifications. Building design and subsequent activities shall 
not unreasonably impair access by physically challenged persons to the principal use. 
(Ord. 590, passed 6-23-2003) 
§ 154.070 VARIANCE FOR PARKING/LANDSCAPING REDUCTIONS. 

The City Manager or his designee may reduce the number of parking spaces and landscape area 
through a variance procedure pursuant to §§ 154.125 through 154.129 for lots 10,000 square feet or less, 
or lots developed prior to the adoption of this chapter. The City Manager or his designee may grant 
reductions only if, on the basis of investigation and evidence submitted that a lot is 10,000 square feet 
or less, or existing developments are unable to meet the parking and landscaping provisions due to 
existing lot and building configurations. 
(Ord. 590, passed 6-23-2003) 

§ 154.071 PARKING. 

(A) Parking space. An off-street enclosed or unenclosed surfaced area of not less than 18 feet by 
nine feet in size, exclusive of maneuvering and access area permanently reserved for the temporary 
storage of one automobile. 
(B) Plans shall be submitted in sufficient detail so that they may be reviewed and approved by the 
appropriate reviewing authority. 
(C) Design requirements for parking lots. 
(1) Except for parking to serve residential uses, parking and loading areas adjacent to or within 
residential zones or adjacent to residential uses shall be designed to minimize disturbance of residents. 
2021 S-2 


Zoning Code 167 

(2) Access aisles shall be of sufficient width for all vehicles turning and maneuvering. 
(3) Groups of more than four parking spaces shall be served by a driveway so that no backing 
movement or other maneuvering will be required within a street. 
(4) Lighting of the parking area shall be deflected from a residential zone. 
(D) Required parking spaces shall be improved and available for use by the time the use to be served 
by the parking space is ready for occupancy. 
(E) Compact car parking. The City Manager or his designee may authorize the creation of compact 
car spaces in any public or private parking area which contains a minimum of ten parking spaces. The 
number of parking spaces established for compact cars shall be based on the following rationale: 
Number of Spaces Required Percent of Designated Compact 
Spaces 

10-25 spaces 15% 
26-50 spaces 20% 
51-100 spaces 25% 
Over 100 spaces 30% 

(F) All compact car parking spaces created under the provisions of this section shall have a 
minimum of eight feet and shall be clearly identified as compact car spaces, and shall be located in a 
manner approved by the City Manager or his designee. All other parking spaces, except parallel spaces, 
shall have a minimum width of nine feet. 
(Ord. 590, passed 6-23-2003) 
§ 154.072 DEVELOPMENT STANDARDS. 

(A) Surface water drainage. 
(1) Adequate provisions shall be made to ensure property drainage of surface waters, and to 
prevent soil erosion and flooding. Site drainage provisions shall provide for acceptance of off-site 
drainage waters, and conveyance of all drainage waters, including crawl space and roof drainage, such 
that they are discharged off-site at a location and in such a manner that they do not damage off-site 
properties, do not violate drainage ordinances or laws, and are not increased in volume over natural or 
pre-project flows without said increase being in conformance with drainage law or first having obtained 
the approval of the downstream owner(s). 
2021 S-2 


Winston -Land Usage 

(2) If a development is, or will periodically be, subject to accumulation of surface water or is 
traversed by a water course, drainage way, channel, stream, creek or river, the applicant may be 
required to dedicate to the public storm drain easements approved by the Public Works Superintendent 
to provide for present and future drainage needs of the area, including access for maintenance. Storm 
drainage facilities shall conform to the standards established by the Public Works Superintendent. 
(B) Underground utilities. All new development, as defined in this division, shall be served by 
underground utilities, including, but not limited to, electrical, telephone, cable television and street 
lighting lines. 
(1) For purposes of this section, new development is any new development, either in a single 
structure or in the sum of all structures constructed on a single lot or parcel, or any enlargement or 
structural alteration exceeding 1,000 square feet of gross floor area, or any development subject to the 
requirements of § 154.041 and Chapter 153. 
(2) Exemptions. 
(a) Under special circumstances and conditions, where the City Manager or his designee 
find that such strict application is impractical due to the location of existing overhead utilities, unusual 
and special utility requirements of the development, or other conditions beyond the control of the 
developer, overhead utilities may be permitted. 
(b) Whenever overhead utilities are utilized in a development, the City Manager or his 
designee shall review the proposed location of such overhead utilities, and may require their arrangement 
and location in such a manner to better carry out the purpose of this section. 
(C) Lighting. Adequate exterior lighting shall be provided to promote public safety and shall be 
designated to avoid unnecessary glare upon other properties. 
(D) Screening. Except in the Industrial Limited (M-L) and Industrial General (M-G), exposed 
storage areas, utility buildings, machinery, garbage and refuse storage areas, service and truck loading 
areas, and other accessory uses and structures shall be adequately set back and screened. 
(1) Screening may consist of fences, walls, berms and landscaping, or any combination thereof, 
and which otherwise conforms with the standards established by this chapter. 
(E) Water for domestic use. All structures containing a plumbing fixture shall be required to use 
the Winston-Dillard Water District's water supply system as the sole water source. No development shall 
be permitted which uses a well as a water source for any structure containing a plumbing fixture. 
(F) State and federal permits. Each development or construction project shall provide 
documentation on how it complies with all applicable state and federal environmental regulations 
(Examples of permits include but are not limited to: air quality, noise, non-point pollution control, 
stormwater, wetland, and fill/removal). 
(Ord. 590, passed 6-23-2003) 
2021 S-2 


Zoning Code 169 

§ 154.073 SIGNS PURPOSE AND INTENT. 

The provisions of this section are made to establish reasonable and impartial regulations for all 
exterior signs and to further the objectives of the comprehensive plan of the City of Winston; to protect 
the general health, safety, convenience and welfare; to reduce traffic hazards caused by unregulated signs 
which may distract, confuse and impair the visibility of motorists and pedestrians; to ensure the 
effectiveness of public streets, highways and other public improvements; to facilitate the creation of an 
attractive and harmonious community; to protect property values and to further economic development. 
(Ord. 590, passed 6-23-2003) 

§ 154.074 DEFINITIONS. 

For purposes of this subchapter, the following terms and phrases shall have the following meaning. 
If the general definitions in § 154.002 conflict, the following definitions shall control for purposes of 
this subchapter. 

ILLEGAL SIGN. A sign constructed in violation of regulations existing at the time the sign was 
built. 

INDIRECT ILLUMINATION. A light directed toward a sign so that the beam of light falls upon 
the exterior surface of the sign and is not flashing. 

INFLATABLE SIGN. A sign that is expanded with air or gas and anchored to a structure or the 
ground. 

LOT. A unit of land created by a subdivision of land; the term LOT is synonymous with the term 
PARCEL for the purposes of this chapter. 

NONCONFORMING SIGN. A sign meeting all legal requirements when constructed prior to the 
adoption of this chapter. An illegal sign is not a nonconforming sign. 

POLE SIGN. A sign wholly supported by a sign structure in the ground and not exceeding 200 
square feet. 

PORTABLE SIGN. A sign temporarily fixed to a standardized advertising structure that may be 
regularly moved from structure to structure at periodic intervals. This sign may be placed no closer than 
ten feet from the face of the curb and shall comply with all other provisions of this chapter. 

PROJECTED IMAGE. An optical appearance of an object projected onto a wall of a building or 
structure. 

PROJECTING SIGN. A sign other than a wall sign that projects from and is supported by a wall 
of a building or structure. 

2021 S-2 


Winston -Land Usage 

RESIDENTIAL SIGNS. Signs in residential zones that identify subdivisions or multiple-family 
complexes. 

ROOF SIGN. Any sign erected on a roof or which extends in height above the roofline of the 
building on which the sign is erected. 

SIGN. Any identification, description, illustration, symbol or device, other than a house number, 
which is placed or affixed directly or indirectly upon a building, structure or land. 

SIGN AREA. The area of the sign face (which is also the sign area of a wall sign or other sign with 
only one face) shall be computed by means of the smallest square, circle, rectangle, triangle or 
combination thereof that will encompass the extreme limits of the writing, representation, emblem, or 
other display together with any material or color forming an integral part of the background of the 
display or used to differentiate design from the backdrop or structure against which it is placed, but not 
including any supporting framework, bracing, decorative fence or wall when such fence or wall 
otherwise meets the requirements of this chapter and is clearly incidental to the display itself. 

SIGN FACE. The functional surface of a sign including all sign elements facing in the same 
direction. 

SIGN HEIGHT. The height of a sign shall be the distance from the grade level where the sign is 
erected to the top of the sign or sign structure, whichever is greater. 

SIGN STRUCTURE. Any structure that supports or is capable of supporting a sign. A sign structure 
may be a single pole and may or may not be an integral part of the building. 

WALL SIGN (ATTACHED). A sign attached flat against a wall of a building and parallel to the 
wall. 

WALL SIGN (PAINTED). A sign painted to a wall or a building. 

WALL SIGN (PROJECTING). A sign other than a wall sign that projects from and is supported 
by a wall of a building or structure. 
(Ord. 590, passed 6-23-2003) 

§ 154.075 OFF-PREMISE SIGN. 

No sign advertising a business which is not conducted on the premises, or a commodity or service 
which is not the primary product, sale or service on the premises, shall be allowed except seasonal 
agricultural signs and "exempt" signs addressed in § 154.076. 
(Ord. 590, passed 6-23-2003) 

2021 S-2 


Zoning Code 171 

§ 154.076 EXEMPT SIGNS. 

(A) The following signs shall not be subject to the permit requirements of § 154.078, nor subject 
to the number and type limitations of this subchapter, but shall be subject to all other provisions of this 
subchapter, and the requirements of this section: 
(1) Directional sign. A sign giving on-site directional assistance for the convenience of the 
public, which does not exceed four square feet in area and which does not use flashing illumination. 
(2) Event sign/banner. An election sign not exceeding 32 square feet, provided the sign is 
removed within seven days following an election. A temporary non-illuminated sign or banner not 
exceeding 200 square feet used for a fundraising event solely for charitable purposes, placed by a 
legally-constituted non-profit organization. 
(3) Flag/pennant. A governmental flag with or without letters or numbers and other flags and 
pennants without letters or numbers. Such flags and pennants shall be made of non-rigid material. 
(4) Historical/landmark sign. A marker erected or maintained by a public authority or by a 
legally constituted historical society or organization identifying a site, building or structure of historical 
significance. 
(5) Holiday sign. A sign or decoration used to commemorate a holiday which is removed 
within seven days following the holiday period. 
(6) Interior sign. Any sign which is not visible and not directed to people using a public street 
or public pedestrian way. 
(7) Mural. A large picture painted on the wall of a building not advertising a specific business 
or product. 
(8) Public sign. A sign erected by a government agency. A public notice or warning required 
by a valid and applicable federal, state or local law or regulation and an emergency warning sign erected 
by a public utility or by a contractor doing authorized work in the public way. 
(9) Real estate or construction signs. Temporary non-illuminated real estate (not more than two 
per lot) or construction signs not exceeding 32 square feet, provided said signs are removed within 15 
days after closing or signing of the sale, lease or rental of the property or within seven days of 
completion of the project. 
(10) Window sign. A sign painted or placed upon a window in a non-residential zone. 
(B) If the foregoing exemptions conflict with this Chapter 154, Chapter 154 shall govern. 
(Ord. 590, passed 6-23-2003) 
2021 S-2 


Winston -Land Usage 

§ 154.077 PROHIBITED SIGNS. 

The following signs are prohibited: 

(A) Abandoned sign. A sign or a sign structure existing more than 60 days after a business ceases 
to operate shall be taken down and removed by the owner, agent or person having the beneficial use of 
the lot upon which such sign may be found. 
(B) Billboard. A pole sign exceeding 200 square feet of sign area. 
(C) Simulated traffic signs and obstructions. Any sign which may be confused with or obstruct the 
view of any authorized traffic signal or device, or extend into the traveled portion of a public street or 
pedestrian way. 
(D) Vacant lot sign. Except exempt signs, a sign erected on a lot that has no structures capable of 
being occupied as a residence or business. Notwithstanding the foregoing, signs otherwise permitted 
under this subchapter may be placed on a lot improved for off-street parking as provided by this code. 
(E) Vehicular sign. Any sign written or placed upon or within a parked motor vehicle with the 
primary purpose of providing a sign not otherwise allowed by this chapter. This does not include any 
sign permanently or temporarily placed on or attached to a motor vehicle, when the vehicle is used in 
the regular course of business for purposes other than the display of signs. 
(F) Vision clearance. Any sign in the clear-vision area as defined in § 154.057. 
(Ord. 590, passed 6-23-2003) 
§ 154.078 PERMIT PROCEDURES. 

Except as provided in this chapter, no sign or sign structure shall be displayed, erected, altered, 
relocated or replaced until a sign permit has been issued by the City Manager or designee. For the 
purpose of this chapter, all signs are considered accessory uses of the lot upon which they are located. 

(A) Application for a sign permit shall be made by the owner, tenant or authorized agent of the 
property upon which the sign is to be located. The application shall be approved, denied or referred back 
to the applicant within ten working days from the date the application was submitted. 
(B) Criteria for permit approval. A sign permit will be approved if compliance to the following 
exists: 
(1) Conformance to structural requirements and electrical code, if applicable; 
(2) Meets location standards; and 
(3) Sign allowed in zoning designation. 
2021 S-2 


Zoning Code 173 

(C) Plan requirements. The application for a sign permit shall be accompanied by a site plan with 
the following information: 
(1) Name, address and telephone number of the owner, tenant or authorized agent of the 
property upon which the sign is to be located. 
(2) Location by legal description (township, range, section, tax lot) and physical address. 
(3) Dimensions of the sign and the sign structure and, where applicable, the dimensions of the 
wall surface of the building to which the sign is to be attached and a current photograph of the building. 
(4) Proposed location of the sign in relation to the face of the building, in front of which or 
above which the sign is to be erected. 
(5) Proposed location of the sign in relation to the boundaries of the lot upon which the sign 
is to be placed. 
(D) Signs exempt from permits. These exceptions do not relieve the owner of the sign from the 
responsibility of its erection, maintenance and compliance with the provisions of this chapter or any other 
law or ordinance regulating same. The following changes do not require a sign permit: 
(1) The changing of the advertising copy or message of a painted, plastic face or printed sign 
only. Except for signs specifically designed for the use of replaceable copy, electrical signs shall not be 
included in this exception. 
(2) The electrical, repainting, cleaning, repair or maintenance of a sign. 
(E) Fees. The fee for a sign permit shall be as set by Council resolution. The fee for any sign which 
has been erected without a sign permit shall be double the regular sign fee. 
(F) Building Code compliances. All signs and sign structures shall comply with the Uniform 
Building Code and the Oregon Electrical Safety Specialty Code adopted by the City of Winston. All pole 
signs, attached or projecting wall signs and roof signs will require a building permit in addition to the 
sign permit. Signs for which a building or electrical permit is required shall be subject to inspection by 
the city's Building Official or State Electrical Inspector. The Building Official may order the removal 
of a sign that is not maintained in accordance with this chapter. Signs may be reinspected at the 
discretion of the Building Official. 
(Ord. 590, passed 6-23-2003) 
§ 154.079 STANDARDS AND CRITERIA. 

(A) General sign provisions. 
(1) Signs may not project over public property or right-of-way. 
2021 S-2 


Winston -Land Usage 

(2) All signs shall have a vertical clearance of seven feet above public property. 
(3) No signs shall stand or be based in public property without authorization of agency 
jurisdiction. 
(4) Regulatory equipment shall be installed in all illuminated signs to preclude interference with 
radio and television. 
(5) All signs shall be maintained in good repair, and where applicable, in full operating 
conditions at all times. 
(6) Flashing signs or any material that gives the appearance of flashing such as reflective disks 
are prohibited. Tracer lights are not prohibited. 
(7) Commercial signs shall not be located within 50 feet of a residential zoning designation. 
(8) External illumination of signs shall be shielded so that the light source elements are not 
directly visible from property in a residential zoning district which is adjacent to or across a street from 
the property in the non-residential zoning district. 
(9) Signs shall be located not less than six feet horizontally or 12 feet vertically from overhead 
electrical conductors that are energized in excess of 750 volts. The term OVERHEAD CONDUCTORS 
as used in this section refers to an electrical conductor, either bare or insulated, installed above the 
ground, except when conductors are enclosed in iron pipe or other approved material covering of equal 
strength. 
(10) Signs or sign structures shall not be erected in such a manner that a portion of their surface 
or supports will interfere with the free use of any fire escape or exit. 
(11) Signs shall not obstruct building openings to the extent that light or ventilation is reduced. 
Signs erected within five feet of an exterior wall in which there are openings within the area of the sign 
shall be constructed of noncombustible material or approved plastics. 
(B) Signs in residential zones. In the RLA, RLB, RLC, RM and RH zones, no sign shall be allowed 
except the following: 
(1) One sign identifying only the name of the owner or occupant of a building, provided such 
sign does not exceed six inches by 18 inches in size, is unilluminated and shall not be located in a 
required yard. 
(2) One sign identifying only the business name of a home occupation occupying that lot, 
provided such sign does not exceed one square foot of sign area, is unilluminated and shall not be located 
in a required yard. 
2021 S-2 


Zoning Code 175 

(3) One sign pertaining to the lease or sale of a building or property, provided such sign does 
not exceed six square feet of sign area. 
(4) One identification sign facing the bordering street, not to exceed 16 square feet of sign area, 
for any permitted or conditional use except residences and home occupations. Such sign shall be solely 
for the purpose of displaying the name of the institution and its activities or services. It may have indirect 
illumination but non-flashing and shall not be located in a required yard. 
(5) Temporary sign, for one year, advertising a new subdivision, provided such sign does not 
exceed 32 square feet of sign area, advertises only the subdivision in which it is located, is 
unilluminated, and is erected only at a dedicated street entrance and within the property lines. Such sign 
shall be removed if construction on the subdivision is not in progress within 60 days following the date 
of the sign permit. 
(6) The maximum sign height is seven feet. 
(C) Signs in commercial/industrial zones. In the C-G, C-SH, C-OP, C-H, ML, MG and PR zones, 
all signs located on a lot shall conform to the following limitations: 
(1) Except as provided in division (3) below, for a single business whether on one or more 
contiguous lots the maximum number of signs requiring a permit is three, one of which may be a pole 
sign. 
(2) Except as provided in division (3) below, for multiple businesses in a shopping center, for 
multiple businesses sharing common off-street parking facilities or for multiple businesses with the same 
property owner, all of which are located on one or more contiguous lots, the maximum number of signs 
requiring a permit is one pole sign per business and one additional sign which may be a portable sign. 
(3) When a business or businesses have 200 continuous lineal feet of frontage on one street, 
the maximum number of signs shall be increased by one sign (pole or portable) for each 100 feet of 
frontage up to a maximum of four additional signs. Any two of these signs may be combined in a single 
sign not to exceed 200 square feet in area. 
(4) Pole signs shall be placed at least 100 lineal feet apart. 
(5) A roof sign may be substituted for one of the allowed pole signs. 
(6) Except for attached wall signs, each sign face shall not exceed 100 square feet in area and 
shall not exceed 35 feet in height. 
(7) Attached wall signs shall not exceed 200 square feet in area. 
2021 S-2 


Winston -Land Usage 

(8) Each business at a new location may have one temporary sign on each street frontage of 
the lot occupied by that business provided the sign area does not exceed 50 square feet and provided the 
sign is not displayed for more than 365 days or until the permanent sign is installed, whichever first 
occurs. 
(D) Signs in agricultural zones. In the A-O zone, the following criteria for signs apply: 
(1) Maximum number of signs requiring a permit is three. 
(2) Maximum number of pole signs is one. 
(3) Except for attached wall signs, each sign face shall not exceed 50 square feet in area. 
(4) Attached wall signs shall not exceed 100 square feet of sign area. 
(5) Pole signs shall not exceed 35 feet in height. 
(Ord. 590, passed 6-23-2003) 
§ 154.080 NONCONFORMING SIGNS. 

(A) Except for signs located in A-O, ML and MG zones, any nonconforming pole sign that is 
greater than 200 square feet shall be reduced to not more than 200 square feet in area or be removed 
within one year from the approval date of this chapter. 
(B) All other non-conforming signs shall be subject to the regulation of structures as provided in 
§§ 154.160 through 154.164 relating to the continuation of a nonconforming use or structure, the 
discontinuance of a nonconforming use, the change of a nonconforming use and the destruction of a 
nonconforming use or structure. 
(Ord. 590, passed 6-23-2003) 
§ 154.081 EXTERIOR LIGHTING. 

The purpose of this provision is to make the lighting used for residential, commercial and public 
areas appropriate to the need and to keep the light from shining offsite onto adjacent public rights-of-way 
or private properties. Further, it is to encourage, through regulation of type, kinds, construction, 
installation, and uses of outdoor electrically powered illuminating devices, lighting practices and systems 
to conserve energy without decreasing safety, utility, security and productivity while enhancing nighttime 
enjoyment of property within the city. 

(A) Requirements for installation. Except as exempted by provisions of this chapter, as of the date 
of adoption, the installation of outdoor lighting fixtures shall be subject to the provisions of this chapter. 
2021 S-2 


Zoning Code 177 

(B) Shielding. All nonexempt outdoor lighting fixtures shall have directed shielding so as to prevent 
direct light from the fixture from shining beyond the property limits where the fixture is installed. This 
means that a person standing at the adjacent property line would not see the light-emitting source. 
(C) Prohibitions. 
(1) Laser source light. The use of laser source light or any similar high intensity light when 
projected beyond property lines is prohibited, excepting lasers used for construction surveying or any 
such purposes. 
(2) Searchlights. The operation of searchlights for purposes other than public safety or 
emergencies is prohibited, excepting authorization by the City Manager or his designee for special 
events. 
(D) Exemptions. 
(1) Nonconformance. 
(a) Outdoor light fixtures lawfully installed prior to and operable prior to the effective date 
of the requirements of this chapter are exempt from all such requirements except as follows: 
1. All replacement of outdoor lighting fixtures, as of the date of adoption, shall be 
subject to the provisions of this chapter. 
2. Until a date five years after the date of the adoption of this chapter. 
(b) Airport operations lighting and aircraft navigational beacons as established by the 
Federal Aviation Administration are exempt from these provisions. All other airport outdoor lighting 
must conform with this chapter. 
(c) Lights of less than 20 watts used for holiday decorations for no more than 45 days are 
exempt from the requirements of this chapter. 
(d) Carnivals and fairs that require the use of temporary outdoor lighting fixtures are 
exempt except that permanent installations at dedicated sites must conform to the requirements of this 
chapter. 
(e) Lighting for U. S. flags properly displayed. 
(f) Temporary exemptions to the requirements of this chapter for up to five days per 
calendar year. 
2021 S-2 


Winston -Land Usage 

(g) Construction lighting necessary for an allowed use are exempt except that permanent 
installations at dedicated sites must conform to the requirements of this chapter. 
(h) Individual light fixtures with lamps of less than 60 watts. 
(Ord. 590, passed 6-23-2003) 
§ 154.082 MANUFACTURED HOMES. 

In addition to the general requirements established for single-family dwellings, manufactured homes 
shall be subject to the following special requirements: 

(A) The manufactured home shall be multi-sectional and enclose a space of not less than 1,000 
square feet; 
(B) The manufactured home shall be placed on an excavated and backfilled foundation and enclosed 
at the perimeter such that the manufactured home is located not more than 18 inches above grade. 
(C) The manufactured home shall have a pitched roof with a slope of at least a nominal three feet 
in height for each 12 feet in width. 
(D) The manufactured home shall have exterior siding and roofing which in color, material and 
appearance is similar to the exterior siding and roofing material commonly used on residential dwellings 
within the community or which is comparable to the predominant materials used on surrounding 
dwellings as determined by such a person as the City Manager may direct. 
(E) The manufactured home shall be certified by the manufacturer to have an exterior thermal 
envelop meeting requirements specified by the National Manufactured Housing Construction and Safety 
Standards Act, in effect at the time the manufactured home was constructed. 
(F) Unless inconsistent with the above, the manufactured home and the lot upon which it is sited 
shall also be subject to all other development standards, architectural requirements and minimum size 
requirements to which a conventional single-family residential dwelling on the same lot would be subject. 
Exempt from these standards is the family hardship variance according to § 154.129 allowing the 
following special requirements for such: 
(1) The manufactured home shall enclose a space of not less than 900 square feet and at least 
14 feet in width; 
2021 S-2 


Zoning Code 179 

(2) The manufactured home may be placed on concrete pads or a crushed rock pad and skirted 
within 45 days of the placement. It shall be equipped with skirting which in design, color and texture 
appears to be an integral part of the adjacent exterior wall of the manufactured home, unless the 
manufactured home is anchored to a permanent, continuous concrete or block foundation, or both. 
Nonporous skirting material shall be such that there are no gaps or openings between the unit and the 
ground, except for windows and vents. Porous skirting material shall extend from the manufactured 
home to within, but not closer than, six inches from the ground to prevent dry rot. 
(3) No placement permit shall be issued for a manufactured home that does not exhibit the 
Oregon Department of Commerce "Insignia of Compliance." 
(Ord. 590, passed 6-23-2003) 
§ 154.083 PROJECTIONS FROM BUILDINGS. 

Architectural features such as cornices, eaves, canopies, sunshades, gutters, chimneys, and flues 
shall not project more than 24 inches into a required yard. 
(Ord. 590, passed 6-23-2003) 

§ 154.084 GENERAL EXCEPTIONS TO LOT SIZE REQUIREMENTS. 

If a lot or other aggregate of contiguous lots held in a single ownership, as recorded in the office 
of the County Clerk at the time of the passage of this chapter, has an area or dimensions which does not 
meet the lot size requirements of the zone in which the property is located, the holdings may be occupied 
by a use permitted in the zone subject to the other requirements of the zone. If there is an area 
deficiency, residential use shall be limited to a single-family dwelling or to the number of dwelling units 
consistent with the density requirement of the zone. 
(Ord. 590, passed 6-23-2003) 

§ 154.085 GENERAL EXCEPTIONS TO YARD REQUIREMENTS. 

The following exceptions to the yard requirements are authorized for a lot in any zone: 

(A) If there are dwellings on both abutting lots which are within 100 feet of the intervening lot, and 
the dwellings have front yards of less than the required depth for the zone, the depth of the front yard 
for the intervening lot need not exceed the average depth of the front yards of the abutting lots. 
(B) If there is a dwelling on one abutting lot which is within 100 feet of the lot, and this dwelling 
has a front yard of less than the required depth for the zone, the front yard for the lot need not exceed 
a depth one-half way between the depth of the front yard of the abutting lot and the required front yard 
depth. 
(Ord. 590, passed 6-23-2003) 
2021 S-2 


Winston -Land Usage 

§ 154.086 GENERAL EXCEPTIONS TO BUILDING HEIGHT LIMITATIONS. 

Vertical projections such as chimneys, spires, domes, elevator shaft housings, towers, aerials, 
flagpoles, and similar objects not used for human occupancy are not subject to the building height 
limitations of this chapter. 
(Ord. 590, passed 6-23-2003) 

§ 154.087 RIPARIAN HABITAT SETBACKS. 

Mature ground cover and trees, wildlife habitats, and the natural contours of identified significant 
stream banks shall be preserved for distances noted in the following table, measured from the top of the 
stream bank. Within the required setback area there shall be no structural or physical alteration or 
development such as clearing, grading parking lots, retaining walls, channel alterations, etc. from the 
stream bank unless, after consultation with the Oregon Department of Fish and Wildlife, findings are 
made by the City Manager that a proposed reduction in setback: 

(A) Will not have a significant adverse impact on stream bank erosion, water temperature and 
quality, or wildlife; 
(B) Is required for flood control, and actions are taken to mitigate such impacts as much as is 
possible; or 
(C) Is not required for flood control and will include actions as are necessary to prevent or 
sufficiently mitigate any significant stream bank erosion, adverse impact on water temperature and 
quality, or wildlife, and such mitigation measures are specified; and 
(D) Is not in conflict with any adopted ordinances or plans. 
(E) For the purposes of this section, the top of the stream bank shall be as determined by the City 
Manager acting with the advice of the Department of Fish and Wildlife. 
Riparian Habitat Setbacks 

All Residential All Commercial and 
Zones Industrial Zones 

South Umpqua River 50 feet 50 feet 
Lookingglass Creek 50 feet 50 feet 
Applegate Creek 50 feet 50 feet 
Brockway Creek 50 feet 50 feet 
(Ord. 590, passed 6-23-2003) 
2021 S-2 


Zoning Code 181 

§ 154.088 BEEKEEPING. 

The purpose of this section is to regulate the keeping of bees on residential lots within the City of 
Winston. This activity is considered to be a conditionally permitted use, subject to the review under 
§§ 154.115 through 154.119, and subject to the following standards. 

(A) Location, density, and maintenance of colonies. 
(1) The number of colonies is limited to one colony per legal lot, minimum 6,000 sq. ft. of lot 
area, plus one additional colony per each additional 6,000 sq. ft. of lot area, up to a maximum of eight 
colonies regardless of lot size. Residential-zoned lots and parcels are limited to one colony total. 
(2) Colonies shall be located in the side or rear yard, and set back no less than ten feet from 
the nearest property line. 
(3) Hives shall be placed on property so the general flight pattern of bees does not unduly 
impact neighboring properties or their inhabitants. If any portion of a hive is located within 30 feet of 
a public or private property line, as measured from the nearest point on the hive to the property line, a 
flyaway barrier at least six feet in height shall be established and maintained around the hive. The 
flyaway barrier shall be located along the property boundary or parallel to the property line, and shall 
consist of a solid wall, solid fencing material, dense vegetation or combination thereof extending at least 
ten feet beyond the colony in each direction, so that all honey bees are forced to fly at an elevation of 
at least six feet above ground level over the property lines in the vicinity of the colony. 
(4) Colonies shall be maintained in movable-frame hives with adequate space and management 
techniques to prevent overcrowding. 
(5) Every beekeeper shall maintain a supply of water for the bees located within ten feet of each 
hive. The water shall be in a location that minimizes any nuisance created by bees seeking water on 
neighboring property. 
(6) Hives shall be actively maintained. Hives not under human management and maintenance 
shall be dismantled or removed. 
(7) In any instance in which a colony exhibits unusually aggressive characteristics or a 
disposition toward swarming, it shall be the duty of the beekeeper to promptly re-queen the colony with 
another queen, or the colony will be destroyed. 
(Ord. 590, passed 6-23-2003) 
2021 S-2 


Winston -Land Usage 

§ 154.089 MANUFACTURED HOME PARKS. 

(A) Review required. 
(1) In addition to the general provisions of this chapter, special provisions for the establishment 
of a manufactured home park or the expansion of an existing manufactured home park are required. 
(2) Manufactured home parks shall not be established or expanded without first receiving 
approval of the Planning Commission. The Planning Commission may grant such approval only after 
reviewing preliminary site plans for the proposed manufactured home park. 
(B) Information required for preliminary site plan review. The application for a preliminary site plan 
review for a manufactured home park shall be filed with the Planning Commission and shall be 
accompanied by a site plan showing the general layout of the entire manufactured home park and drawn 
to a scale of not smaller than one inch representing 50 feet. The drawing shall show the following 
information: 
(1) Name of the property owner, applicant and person who prepared the plan. 
(2) Name of the manufactured home park and address. 
(3) Scale and north point of the plan. 
(4) Vicinity map showing relationship of manufactured home park to adjacent properties. 
(5) Boundaries and dimensions of the manufactured home park. 
(6) Location and dimensions of the mobile home site; each site designated by number, letter 
or name. 
(7) Location and dimensions of each existing or proposed structure. 
(8) Location and width of park streets. 
(9) Location and width of walkways. 
(10) Location of each lighting fixture for lighting the mobile home park. 
(11) Location of recreational areas and buildings, and area of recreational space. 
(12) Location and type of landscaping plantings, fence, wall or combination of any of these, or 
other screening materials. 
(13) Location of point where manufactured home park water system connects with public 
system. 
2021 S-2 


Zoning Code 183 

(14) Location of available fire and irrigation hydrants. 
(15) Location of public telephone service for the park. 
(16) Enlarged plot plan of a typical mobile home site, showing location of the pad, patio, storage 
space, parking, sidewalk, utility connections and landscaping. 
(C) Final site plan and submission requirements. At the time of application for final approval to 
construct a new manufactured home park or expansion of an existing manufactured home park, the 
applicants shall submit copies of the following required detailed plans to the city and appropriate state 
agencies as required by law or ordinance: 
(1) New structures. 
(2) Water supply and sanitary sewer facilities. 
(3) Electrical systems. 
(4) Road, sidewalk and patio construction. 
(5) Drainage system. 
(6) Recreational area improvements. 
(D) General standards for mobile home park development. 
(1) Access. A manufactured home park shall not be established on any site that does not have 
frontage on or direct access to a publicly owned and maintained street which has a minimum right-of-way 
width of 60 feet. No park entrance shall be located closer than 100 feet away from any intersection of 
public streets. 
(2) Park street. A park street shall connect each mobile home site to a public street or road. 
The park street shall be a minimum of 30 feet in width, with a surface width of at least 20 feet if no 
parking is allowed, and 30 feet if parking is allowed on one side only. 
(3) Walkways. Walkways of not less than three feet in width shall be provided from each 
mobile home site to any service building or recreational area. 
(4) Paving. Park streets and walkways shall be paved with a crushed rock base and asphaltic 
or concrete surfacing, according to the structural specifications established for streets. 
(5) Off-street parking. 
2021 S-2 


Winston -Land Usage 

(a) Two parking spaces shall be provided for each mobile home site, either on the site or 
within 200 feet thereof in the manufactured home park, which shall be not less than nine by 18 feet in 
size and paved with asphaltic macadam or concrete surfacing. 
(b) Guest parking shall also be provided in every manufactured home park, based on a 
ratio of one parking space for each four mobile home sites. Such parking shall be paved with asphaltic 
macadam or concrete surfacing, and shall be clearly defined and identified. 
(6) Fencing and landscaping. 
(a) Every manufactured home park shall provide a site obscuring fence, wall, evergreen 
or other suitable screen/planting along all boundaries of the manufactured home park site abutting public 
roads or property lines that are common to other owners of property, except for point of egress. 
(b) Walls or fences shall be six feet in height. Evergreen plantings used in perimeter 
screening shall not be less than five feet in height, and shall be maintained in a healthy, living condition 
for the life of the manufactured home park. No fence, hedge or wall, other than a retaining wall, higher 
than three feet shall be located within the required clear vision area on a corner lot. 
(c) There shall be suitable landscaping provided within the front and side yard setback 
areas, and all open areas in the manufactured home park not otherwise used. 
(7) Area. 
(a) Size of manufactured home park site. No manufactured home park shall be created on 
a lot or parcel of land containing less than 2½ acres. 
(b) Manufactured home sites. The average area of all manufactured home sites within a 
manufactured home park shall not be less than 3,000 square feet per site, and in no case shall any one 
mobile home site be less than 2,500 square feet. 
(c) Setbacks. No manufactured home or access thereto shall be located any closer than 25 
feet from a park property line abutting a public street or road, five feet from all other park property lines 
and ten feet from any such areas as a park street, a common parking area, or a common walkway. For 
setbacks not clearly listed above, the standards found in the Oregon Manufactured Dwelling and 
Specialty Code applies. 
(d) Spacing. A manufactured home shall maintain a ten foot separation from an adjoining 
manufactured home. For spacing standards not clearly listed in this section, the standards found in the 
Oregon Manufactured Dwelling and Park Specialty Code apply. 
(e) Overnight spaces. Not more than 5% of the total manufactured home park area may 
be used to accommodate persons wishing to park their manufactured homes or camping vehicles 
overnight. 
2021 S-2 


Zoning Code 185 

(8) Other site requirements. 
(a) Recreational area. An average of 200 square feet of recreational area shall be provided 
for each manufactured home site. This area may be in one or more locations in the park, and shall be 
suitably improved and maintained for recreational purposes. 
(b) Pad improvements. Manufactured home pads or stands shall be paved with asphaltic 
or concrete surfacing, or with crushed rock. 
(c) Skirting. Every manufactured home located on a manufactured home site shall be 
equipped with skirting which in design, color and texture appears to be an integral part of the adjacent 
exterior wall of the manufactured home. 
(d) Accessories. Accessory structures located on a manufactured home site shall be limited 
to the normal accessories, such as an awning, cabana, ramada, patio, carport, garage or storage building. 
No other structural additions shall be built onto or become part of any manufactured home, and no 
manufactured home shall support any building in any manner. 
(e) Utilities. Each manufactured home site shall be provided with a connection to a 
community sanitary sewer system and a community water supply system. All utilities within a 
manufactured home park shall be underground. 
(f) Storage yards. Storage yards in parks for boats, campers and recreational vehicle 
equipment shall be constructed of a dust free all weather surface, and shall be enclosed by a six foot high 
sight-obscuring decorative fence and gate. Wash racks, if provided, shall be located in a storage yard, 
with adequate drainage. Except for temporarily locating the same in a storage yard, no manufactured 
home shall be hauled to and stored in a manufactured home park unless it is properly installed on a lot 
or site. 
(g) State requirements. Rules and regulations governing manufactured home facilities as 
contained in O.R.S. Chapter 446, and "Rules and Regulations Governing the Construction and Statutory 
Operation of Travelers' Accommodations and Tourist Parks," adopted by the Oregon State Department 
of Human Resources, Health Division, shall prevail where said provisions are more stringent than those 
imposed by state law, rules or regulations. 
(Ord. 590, passed 6-23-2003) 
§ 154.090 STANDARDS FOR AUTO WRECKING YARDS, JUNK YARDS AND AUTOMOBILE 
TOWING BUSINESSES. 

In addition to the general standards of this chapter, special provisions for the establishment and 
operation of auto wrecking yards, junk-yards and automobile towing businesses are established. 

2021 S-2 


Winston -Land Usage 

(A) The outdoor storage area of auto wrecking yard, junk yard or automobile towing business shall 
be fully enclosed by a sight-obscuring fence, free of advertising, maintained in good condition, and not 
less than six feet in height. All automobiles being stored, wrecked or otherwise, shall be kept inside the 
fenced area at all times, except that vehicles belonging to customers may be parked outside the fence 
while at the establishment on business. Vehicles shall not be stored so as to exceed the height of the 
fence. 
(B) All sales, display, storage, repair, or other handling of wrecked automobiles shall occur from 
within an enclosed building or from within the fenced area. All truck loading or unloading shall occur 
within the boundaries of the property and shall not obstruct any portion of the public right-of-way. All 
loading and unloading of trucks transporting wrecked vehicles shall be accomplished within a 24-hour 
period. 
(C) When any portion of an automobile towing business, auto wrecking yard or junk yard abuts a 
residential zone, supplemental evergreen plantings shall be installed along and adjacent to that portion 
of the fence abutting said residential opaque screening of at least 75% of the adjacent fence surface 
within two years of planting. The supplemental planting shall be maintained in good condition at all 
times. 
(Ord. 590, passed 6-23-2003) 
§ 154.091 PROPERTY LINE ADJUSTMENT. 

The property line between lots or parcels may be adjusted in accordance with this section without 
the replatting procedures in O.R.S. 92 or the vacation procedures in O.R.S. 368. Once a lot or parcel 
line has been adjusted, the adjusted line shall be the boundary or property line, not the original line. The 
City Manager or his designee has authority to approve a property line adjustment. 

(A) Application for property line adjustment. An application for a line adjustment or elimination 
shall be filed by the owners of all lots or parcels affected. The application shall be accompanied by an 
appropriate fee and contain the following information: 
(1) Reason for the property line adjustment. 
(2) Vicinity map locating the proposed line adjustment or elimination in relation to adjacent 
subdivisions, partitions, other units of land and roadways. 
(3) A plot plan showing the existing boundary lines of the lots or parcels affected by the line 
adjustment and the approximate location for the proposed adjustment line. The plot plan shall also show 
the approximate location of all structures within ten feet of the proposed adjusted line. 
(B) Approval for access. An applicant must obtain written approval from ODOT for an access onto 
a state highway or written approval from Douglas County Public Works for an access onto a county 
road. 
2021 S-2 


Zoning Code 187 

(C) No additional units of land; minimum size and setbacks required, exceptions. 
(1) A line adjustment is permitted only where an additional unit of land is not created and 
where the lot or parcel reduced in size by the adjustment complies with the requirements of the 
applicable zone. 
(2) A line adjustment is permitted only where existing or planned structures will not encroach 
within required setbacks as measured from the adjusted line. 
(3) A line adjustment for a lot or parcel that is less than the minimum required size before the 
adjustment and further reduced as a result of the adjustment is permissible provided the applicant 
provides proof that, for the lot or parcel reduced in size, the parcel has an approved method of sewage 
disposal. 
(D) Same designation. The line adjustment shall only be permitted where the sale or transfer of 
ownership is made between adjacent owners of like designated lands. 
(E) Easements unaffected. A line adjustment shall have no affect on existing easements. 
(F) Map and monuments required. 
(1) For any resulting lot or parcel ten acres or less, a survey map that complies with O.R.S. 
209.250 shall be prepared. 
(2) The survey map shall show all structures within ten feet of the adjusted line. 
(3) The survey map shall establish monuments to mark the adjusted line. 
(G) Approval and filing requirements. 
(1) Upon determination that the requirements of this section have been met, the City Manager 
or his designee shall advise the applicant in writing that the line adjustment is tentatively approved. 
(a) Prior to final approval, a deed of conveyance conforming to the approved line 
adjustment shall be recorded with the Douglas County Clerk. A line adjustment deed shall contain the 
names of the parties, the description of the adjusted line, references to original recorded documents and 
signatures of all parties with proper acknowledgments. 
(b) Within one year from the date of tentative approval, the applicant shall prepare and 
submit to the City Manager or designee any map required by division (F) of this section. If no map is 
required, the applicant shall submit proof that the requirements of the tentative approval have been met. 
The City Manager shall indicate final approval by endorsement upon the map, if any, or if no map is 
required the City Manager or designee shall advise the applicant in writing that final approval has been 
granted. 
2021 S-2 


Winston -Land Usage 

(c) Once endorsed by the City Manager, the map shall then be submitted to the County 
Surveyor. When the map is filed, the County Surveyor should indicate the filing information on the map. 
1. The survey map and copy of the recorded deed of conveyance shall be filed with 
the Douglas County Surveyor. When the map is filed, the County Surveyor shall indicate the filing 
information on the face of the final map. 
(d) A line adjustment shall be effective when the map is filed by the County Surveyor and 
an instrument reference (e.g. Deed or covenant recorded with the County Clerk) is noted on the face of 
the map. If no map is required, then the line adjustment shall be effective when final approval is granted 
by the City Manager and an instrument (e.g. Deed and/or covenant) is recorded with the County Clerk. 
(e) Exception for adjustments. 
1. The survey requirements shall not apply to a line adjustment when lots or parcels 
contain more than ten acres before and after the adjustment. 
2. A copy of the recorded deed of conveyance shall be submitted to the City Manager 
for final approval of the property line adjustment. The City Manager shall notify the applicant in writing 
of the final approval. 
(Ord. 590, passed 6-23-2003) 
FLOODPLAIN DEVELOPMENT 

§ 154.100 FINDINGS OF FACT. 

(A) Statutory authority. The State of Oregon has in O.R.S. 197.175, delegated the responsibility 
to local governmental units to adopt floodplain management regulations designed to promote the public 
health, safety, and general welfare of its citizenry. Therefore, the city does ordain as follows: 
(B) Flood losses resulting from periodic inundation. 
(1) The flood hazard areas of the City of Winston are subject to periodic inundation which may 
result in the loss of life and property, health and safety hazards, disruption of commerce and 
governmental services, extraordinary public expenditures for flood protection and relief, and impairment 
of the tax base, all of which adversely affect the public health, safety and general welfare. 
(2) These flood losses may be caused by the cumulative effect of obstructions in special flood 
hazard areas which increase flood heights and velocities, and when inadequately anchored, cause damage 
in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood 
damage also contribute to flood loss. 
(Ord. 590, passed 6-23-2003; Ord. 21-692, passed 3-1-2021) 
2021 S-2 


Zoning Code 189 

§ 154.101 STATEMENT OF PURPOSE. 

It is the purpose of this chapter to promote the public health, safety and general welfare and to 
minimize those public and private losses due to flooding in specific areas, as described in § 154.100(A), 
by provisions designed to: 

(A) Protect human life and health; 
(B) Minimize expenditure of public money and costly flood control projects; 
(C) Minimize the need for rescue and relief efforts associated with flooding and generally 
undertaken at the expense of the general public; 
(D) Control the alteration of floodplains, stream channels, and natural barriers which help 
accommodate or channel flood waters; 
(E) Minimize prolonged business interruptions; 
(F) Help maintain a stable tax base by providing for the sound use and development of areas of 
special flood hazard so as to minimize blight areas caused by flooding; 
(G) Minimize damage to public facilities and utilities such as water and gas mains; electric, 
telephone and sewer lines; and streets and bridges located in special flood hazard areas; 
(H) Notify potential buyers that the property is in a special flood hazard area; 
(I) Notify those who occupy special flood hazard areas that they assume responsibility for their 
actions; and 
(J) Participate in and maintain eligibility for flood insurance and disaster relief. 
(Ord. 590, passed 6-23-2003; Ord. 21-692, passed 3-1-2021) 
§ 154.102 METHODS OF REDUCING FLOOD LOSSES. 

In order to accomplish its purposes, this chapter includes methods and provisions for: 

(A) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water 
or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; 
(B) Requiring that development vulnerable to floods, including facilities which serve such uses, be 
protected against flood damage at the time of initial construction; 
(C) Controlling the alteration of natural flood plains, stream channels, and natural protective 
barriers, which help accommodate or channel flood waters; 
2021 S-2 


Winston -Land Usage 

(D) Controlling filling, grading, dredging, and other development which may increase flood 
damage; and 
(E) Preventing or regulating the construction of flood barriers which will unnaturally divert flood 
waters or may increase flood hazards in other areas. 
(Ord. 590, passed 6-23-2003; Ord. 21-692, passed 3-1-2021) 
§ 154.103 GENERAL PROVISIONS. 

(A) Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards 
within the jurisdiction of the City of Winston, Oregon. 
(B) Basis for establishing the areas of special flood hazard. The special flood hazard areas 
identified by the Federal Insurance Administration in the scientific and engineering reports entitled 
"Flood Insurance Study for Douglas County, Oregon and Unincorporated Areas" dated February 17, 
2010, with accompanying Flood Insurance Maps, are hereby adopted by reference and declared to be 
part of this chapter. The Flood Insurance Study and Flood Insurance Rate Maps are on file at 201 NW 
Douglas Boulevard (City Hall), Winston, Oregon 97496. The best available information for flood hazard 
area identification as outlined in § 154.104(C)(2), shall be the basis for regulation until a new FIRM is 
issued which incorporates the data utilized under § 154.104(C)(2). 
(C) Coordination with State of Oregon specialty codes. Pursuant to the requirement established in 
O.R.S. 455 that the city Building Department administers and enforces the state Specialty Codes, the city 
does hereby acknowledge that the Oregon Specialty Codes contain certain provisions that apply to the 
design and construction of buildings and structures located in special flood hazard areas. Therefore, this 
chapter is intended to be administered and enforced in conjunction with the Oregon Specialty Codes. 
(D) Compliance. All development within special flood hazard areas is subject to the terms of this 
chapter and required to comply with its provisions and all other applicable regulations. 
(E) Penalties for noncompliance. No structure or land shall hereafter be constructed, located, 
extended, converted, or altered without full compliance with the terms of this chapter and other 
applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its 
requirements (including violations of conditions and safeguards established in connection with 
conditions) shall constitute a penalty defined in § 154.999. Nothing contained herein shall prevent the 
city from taking such other lawful action as is necessary to prevent or remedy any violation. 
(F) Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate or 
impair any existing easements, covenants, or deed restrictions. However, where this chapter and another 
ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more 
stringent restriction shall prevail. All other ordinances inconsistent with this chapter are hereby repealed 
to the extent of the inconsistency only. 
2021 S-2 


Zoning Code 191 

(G) Severability. This chapter and the various parts thereof are hereby declared to be severable. If 
any section, clause, sentence, or phrase of the chapter is held to be invalid or unconstitutional by any 
court of competent jurisdiction, then said holding shall in no ways effect the validity of the remaining 
portions of this chapter. 
(H) Interpretation. In the interpretation and application of this chapter, all provisions shall be: 
(1) Considered as minimum requirements; 
(2) Liberally construed in favor of the governing body; and 
(3) Deemed neither to limit nor repeal any other powers granted under state statutes. 
(I) Warning and disclaimer of liability. The degree of flood protection required by this chapter is 
considered reasonable for regulatory purposes and is based on scientific and engineering considerations. 
Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or 
natural causes. This chapter does not imply that land outside the area of special flood hazards or uses 
permitted within such areas will be free from flooding or flood damages. This chapter shall not create 
liability on the part of the City of Winston, any officer or employee thereof, or the Federal Insurance 
Administration, for any flood damages that result from reliance on this chapter or any administrative 
decision lawfully made thereunder. 
(Ord. 590, passed 6-23-2003; Ord. 21-692, passed 3-1-2021) 
§ 154.104 ADMINISTRATION. 

(A) Establishment of development permit. A development permit shall be obtained before 
construction or development begins within any area of special flood hazard established in § 154.103(B). 
The permit shall be for all structures including manufactured homes, as set forth in the “definitions”, 
and for all other development including fill and other activities, also as set forth in the “definitions”. 
(B) Designation of the Administrator. The City Manager is hereby appointed to administer and 
implement this chapter by granting or denying development permit applications in accordance with its 
provisions. The Floodplain Administrator may delegate authority to implement these provisions. 
(C) Duties and responsibilities of the Administrator. Duties of the City Manager or his delegated 
Floodplain Adminstrator shall include, but not be limited to: 
(1) Permit review. Review all development permits to determine that: 
(a) The permit requirements and conditions of this chapter have been satisfied; 
(b) All other required local, state, and federal permits have been obtained and approved; 
2021 S-2 


Winston -Land Usage 

(c) Review all development permits to determine if the proposed development is located 
in the floodway. If located in the floodway, assure that the floodway provisions of § 154.109(B) are met; 
(d) Review all development permits to determine if the proposed development is located 
in an area where Base Flood Elevation (BFE) data is available either through the Flood Insurance Study 
(FIS) or from another authoritative source. If BFE data is not available then ensure compliance with the 
provisions of § 154.105(D); 
(e) Provide to the City Manager the Base Flood Elevation (BFE) freeboard of one foot is 
applicable to any building requiring a development permit for habitable structures; 
(f) Review all development permit applications to determine if the proposed development 
qualifies as a substantial improvement as defined in § 154.002; 
(g) Review all development permits to determine if the proposed development activity is 
a watercourse alteration. If a watercourse alteration is proposed, ensure compliance with the provisions 
in § 154.105(F); and 
(h) Review all development permits to determine if the proposed development activity 
includes the placement of fill or excavation. 
(D) Use of other base flood data (in A zone). When base flood elevation data has not been provided 
(A Zone) in accordance with § 154.103(B), the City Manager shall obtain, review, and reasonably utilize 
any base flood elevation and floodway data available from a federal, state or other source, in order to 
administer § 154.105. 
(1) The following information shall be obtained and maintained and shall be made available 
for public inspection as needed: 
(a) Obtain, record, and maintain the actual elevation (in relation to mean sea level) of the 
lowest floor (including basements) and all attendant utilities of all new or substantially improved 
structures where Base Flood Elevation (BFE) data is provided through the Flood Insurance Study (FIS), 
Flood Insurance Rate Map (FIRM), or obtained in accordance with § 154.105(D); 
(b) Obtain and record the elevation (in relation to mean sea level) of the natural grade of 
the building site for a structure prior to the start of construction and the placement of any fill and ensure 
that the requirements of § 154.109(B), and § 154.105(B) are adhered to; 
(c) Upon placement of the lowest floor of a structure (including basement) but prior to 
further vertical construction, obtain documentation, prepared and sealed by a professional licensed 
surveyor or engineer, certifying the elevation (in relation to mean sea level) of the lowest floor (including 
basement); 
2021 S-2 


Zoning Code 193 

(d) Where base flood elevation data are utilized, obtain as-built certification of the 
elevation (in relation to mean sea level) of the lowest floor (including basement) prepared and sealed by 
a professional licensed surveyor or engineer, prior to the final inspection; 
(e) Maintain all Elevation Certificates (EC) submitted to the City of Winston; 
(f) Obtain, record, and maintain the elevation (in relation to mean sea level) to which the 
structure and all attendant utilities were floodproofed for all new or substantially improved floodproofed 
structures where allowed under this ordinance and where Base Flood Elevation (BFE) data is provided 
through the FIS, FIRM, or obtained in accordance with § 154.105(D); 
(g) Maintain all floodproofing certificates required under this chapter; 
(h) Record and maintain all variance actions, including justification for their issuance; 
(i) Obtain and maintain all hydrologic and hydraulic analyses performed as required under 
§ 154.108(E); 
(j) Record and maintain all substantial improvement and substantial damage calculations 
and determinations as required under § 154.109(B); and 
(k) Maintain for public inspection all records pertaining to the provisions of this chapter. 
(E) Community boundary alterations. The Floodplain Administrator shall notify the Federal 
Insurance Administrator in writing whenever the boundaries of the community have been modified by 
annexation or the community has otherwise assumed authority or no longer has authority to adopt and 
enforce floodplain management regulations for a particular area, to ensure that all Flood Hazard 
Boundary Maps (FHBM) and Flood Insurance Rate Maps (FIRM) accurately represent the community's 
boundaries. Include within such notification a copy of a map of the community suitable for reproduction, 
clearly delineating the new corporate limits or new area for which the community has assumed or 
relinquished floodplain management regulatory authority. 
(F) Alteration of watercourses. 
(1) Notify adjacent communities, the Department of State Lands, the Department of Land 
Conservation and Development and other appropriate state and federal agencies, prior to any alteration 
or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance 
Administration. This notification shall be provided by the applicant to the Federal Insurance 
Administration as a Letter of Map Revision (LOMR) along with either: 
(2) Require that maintenance is provided within the altered or relocated portion of said 
watercourse so that the flood carrying capacity is not diminished. Require that the flood carrying capacity 
within the altered or relocated portion of said watercourse is maintained; 
2021 S-2 


Winston -Land Usage 

(3) A proposed maintenance plan to assure the flood carrying capacity within the altered or 
relocated portion of the watercourse is maintained; or 
(4) (a) Certification by a registered professional engineer that the project has been designed 
to retain its flood carrying capacity without periodic maintenance. 
(b) The applicant shall be required to submit a Conditional Letter of Map Revision 
(CLOMR) when required under division (G) of this section. Ensure compliance with all applicable 
requirements in divisions (F) and (G) of this section. 
(5) Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact location 
of the boundaries of the areas of special flood hazards (e.g., where there appears to be a conflict between 
a mapped boundary and actual field conditions). 
(6) Appeals. The Planning Commission, as established by the City of Winston, shall hear and 
decide appeals and requests for variances from the requirements of this chapter. Such appeals shall be 
granted consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood 
Insurance Program (44 CFR 59-76). 
(G) Requirement to submit new technical data. A community's base flood elevations may increase 
or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but 
not later than six months after the date such information becomes available, a community shall notify 
the Federal Insurance Administrator of the changes by submitting technical or scientific data in 
accordance with Section 44 of the Code of Federal Regulations (CFR), Sub-Section 65.3. The 
community may require the applicant to submit such data and review fees required for compliance with 
this section through the applicable FEMA Letter of Map Change (LOMC) process. 
(1) The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to 
the issuance of a floodplain development permit for: 
(a) Proposed floodway encroachments that increase the base flood elevation; and 
(b) Proposed development which increases the base flood elevation by more than one foot 
in areas where FEMA has provided base flood elevations but no floodway. 
(2) An applicant shall Notify FEMA within six months of project completion when an applicant 
has obtained a Conditional Letter of Map Revision (CLOMR) from FEMA. This notification to FEMA 
shall be provided as a Letter of Map Revision (LOMR). 
2021 S-2 


Zoning Code 195 

(H) Substantial improvement and substantial damage assessments and determinations. Conduct 
substantial improvement (SI) (as defined in section § 154.103) reviews for all structural development 
proposal applications and maintain a record of SI calculations within permit files in accordance with 
division (D) of this section. Conduct Substantial Damage (SD) (as defined in § 154.002) assessments 
when structures are damaged due to a natural hazard event or other causes. Make SD determinations 
whenever structures within the special flood hazard area (as established in § 154.104(B)) are damaged 
to the extent that the cost of restoring the structure to its before damaged condition would equal or 
exceed 50% of the market value of the structure before the damage occurred. 
(I) Floodplain development permit required. A development permit shall be obtained before 
construction or development begins within any area horizontally within the special flood hazard area 
established in § 154.104(B). The development permit shall be required for all structures, including 
manufactured homes, and for all other development, as defined in § 154.002, including fill and other 
development activities. 
(J) Application for development permit. Application for a development permit may be made on 
forms furnished by the Floodplain Administrator and may include, but not be limited to, plans in 
duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; 
existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the 
foregoing. Specifically the following information is required: 
(1) In riverine flood zones, the proposed elevation (in relation to mean sea level), of the lowest 
floor (including basement) and all attendant utilities of all new and substantially improved structures; in 
accordance with the requirements of division (D)(1) of this section. 
(2) Proposed elevation in relation to mean sea level to which any non-residential structure will 
be floodproofed. 
(3) Certification by a registered professional engineer or architect licensed in the State of 
Oregon that the floodproofing methods proposed for any nonresidential structure meet the floodproofing 
criteria for nonresidential structures in § 154.107(E) and (F). 
(4) Description of the extent to which any watercourse will be altered or relocated. 
(5) Base flood elevation data for subdivision proposals or other development when required 
per division (C) of this section and § 154.106(B). 
(6) Substantial improvement calculation for any improvement, addition, reconstruction, 
renovation, or rehabilitation of an existing structure. 
(7) The amount and location of any fill or excavation activities proposed. 
(K) Variance procedure. The issuance of a variance is for floodplain management purposes only. 
Flood insurance premium rates are determined by federal statute according to actuarial risk and will not 
be modified by the granting of a variance. 
2021 S-2 


Winston -Land Usage 

(L) Conditions for variance. 
(1) Generally, variances may be issued for new construction and substantial improvements to 
be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing 
structures constructed below the base flood level, in conformance with the provisions of § 154.106. As 
the lot size increases beyond one-half acre, the technical justification required for issuing a variance 
increases. 
(2) Variances shall only be issued upon a determination that the variance is the minimum 
necessary, considering the flood hazard, to afford relief. 
(3) Variances shall not be issued within any floodway if any increase in flood levels during the 
base flood discharge would result. 
(4) Variances shall only be issued upon: 
(a) A showing of good and sufficient cause; 
(b) A determination that failure to grant the variance would result in exceptional hardship 
to the applicant; 
(c) A determination that the granting of a variance will not result in increased flood 
heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud 
on or victimization of the public, or conflict with existing laws or ordinances. 
(d) Variances may be issued by a community for new construction and substantial 
improvements and for other development necessary for the conduct of a functionally dependent use 
provided that the criteria of § 154.106 are met, and the structure or other development is protected by 
methods that minimize flood damages during the base flood and create no additional threats to public 
safety. 
(M) Variance notification. Any applicant to whom a variance is granted shall be given written notice 
that the issuance of a variance to construct a structure below the base flood elevation will result in 
increased premium rates for flood insurance and that such construction below the base flood elevation 
increases risks to life and property. Such notification and a record of all variance actions, including 
justification for their issuance shall be maintained in accordance with division (D)(1) of this section. 
(Ord. 590, passed 6-23-2003; Ord. 21-692, passed 3-1-2021) 
§ 154.105 PROVISIONS FOR FLOOD HAZARD PROTECTION. 

(A) General standards. In all areas of special flood hazards the following standards are required: 
(1) Anchoring. 
2021 S-2 


Zoning Code 197 

(a) All new construction and substantial improvements shall be anchored to prevent 
floatation, collapse or lateral movement of the structure. 
(b) All manufactured homes must likewise be anchored to prevent floatation, collapse or 
lateral movement, and shall be installed using methods and practices that minimize flood damage. 
Anchoring methods may include, but are not limited to, use of over-the-top or from tied-to-ground 
anchors. 
(2) Construction materials and methods. 
(a) All new construction and substantial improvements shall be constructed with materials 
and utility equipment resistant to flood damage. 
(b) All new construction and substantial improvements shall be constructed using methods 
and practices that minimize flood damage. 
(c) Electrical, heating, ventilation, plumbing, and air conditioning equipment and other 
service facilities shall be designed and/or located so as to prevent water from entering or accumulating 
within the components during conditions of flooding. 
(3) Utilities. 
(a) All new and replacement water supply systems shall be designed to minimize or 
eliminate infiltration of flood waters into the system. 
(b) New and replacement sanitary sewage systems shall be designed to minimize or 
eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. 
(c) On-site waste disposal systems shall be located to avoid impairment to them or 
contamination from them during flooding consistent with the Oregon Department of Environmental 
Quality. 
(4) Subdivision proposals. 
(a) All subdivision proposals shall be consistent with the need to minimize flood damage. 
(b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, 
electrical, and water systems located and constructed to minimize or eliminate flood damage. 
(c) All subdivision proposals shall have adequate drainage provided to reduce exposure 
to flood damage. 
(d) Where base flood elevation data has not been provided or is not available from another 
authoritative source, it shall be generated for subdivision proposals and other proposed developments 
which contain at least 50 lots or five acres (whichever is less). 
2021 S-2 


Winston -Land Usage 

(5) Review of building permits. Where elevation data is not available either through the Flood 
Insurance Study or from another authoritative source (§ 154.104(C)(2)), applications for building permits 
shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test 
of reasonableness is a local judgment and includes use of historical data, high water marks, photographs 
of past flooding, etc., where available. Failure to elevate the lowest floor at least two feet above grade 
in these zones may result in higher insurance rates. 
(B) Specific standards. In all areas of special flood hazards where the base flood elevation data 
has been provided as set forth in § 154.103(B), or § 154.104(C)(2) (in A Zone), the following provisions 
are required: 
(1) Residential construction. New construction and substantial improvement of any residential 
structure shall have the lowest floor, including basement, elevated to a minimum of one foot above the 
base flood elevation. Fully enclosed areas below the lowest floor that are subject to flooding are 
prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by 
allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be 
certified by a registered professional engineer or architect or must meet or exceed the following 
minimum criteria: 
(a) A minimum of two openings having a total net area of not less than one square inch 
for every square foot of enclosed area subject to flooding shall be provided. 
(b) The bottom of all openings shall be no higher than one foot above grade. 
(c) Openings may be equipped with screens, louvers, or other coverings or devices 
provided that they permit the automatic entry and exit of floodwaters. 
(d) An attached garage where the garage slab is below the base flood elevation is 
considered an enclosed area and is also subject to the flood vent requirements. 
(2) Non-residential construction. New construction and substantial improvement of any 
commercial, industrial or other non-residential structure shall either have the lowest floor, including 
basement, elevated to no less than one foot above the base flood elevation, or, together with attendant 
utility and sanitary facilities, shall: 
(a) Be flood proofed so that below the base flood level the structure is watertight with 
walls substantially impermeable to the passage of water; 
(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads 
and effects of buoyancy; 
(c) Be certified by a registered professional engineer or architect that the design and 
methods of construction are in accordance with accepted standards of practice for meeting provisions of 
this section based on their development and/or review of the structural design, specifications and plans. 
Such certifications shall be provided to the official as set forth in § 154.104. 
2021 S-2 


Zoning Code 199 

(d) Nonresidential structures that are elevated, not flood-proofed, must meet the same 
standards for space below the lowest floor as described in divisions (A)(5) or (B)(1) of this section. 
(e) Applicants flood-proofing non-residential buildings shall be notified that flood 
insurance premiums will be based on rates that are one foot below the flood-proofed level (e.g. a 
building constructed to the base flood level will be rated one foot below that level). 
(3) Recreational vehicles. All recreational vehicles placed within the floodplain shall be either: 
(a) On the site for fewer than 180 consecutive days; or 
(b) Be fully licensed and ready for highway use, on its wheels or jacking system, is 
attached to the site only by quick disconnect type utilities and security devices, and has no permanently 
attached additions. 
(4) Manufactured homes. 
(a) All new, replacement or substantially improved manufactured homes to be placed or 
substantially improved on sites shall be elevated on a permanent foundation such that the bottom of the 
longitudinal chassis frame beam (lowest floor) of the manufactured home, as defined in the Oregon 
Manufactured Dwelling Specialty Code, is elevated to a minimum 12 inches above the base flood 
elevation (BFE) and securely anchored to an adequately designed foundation system to resist flotation, 
collapse and lateral movement. 
(b) The manufactured dwelling stand or foundation shall be a minimum of 12 inches above 
the BFE unless the foundation wall is opened on one side or end so that floodwater cannot be trapped; 
(c) The manufactured dwelling shall be anchored to prevent flotation collapse and lateral 
movement during the base flood. Anchoring methods may include, but are not limited to, use of 
over-the-top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in 
Flood Hazard Areas" guidebook for additional techniques); and, 
(d) Electrical cross-over connections must also be 12 inches above BFE, as provided in 
the Oregon Manufactured Dwelling Specialty Code. 
(e) Manufactured homes placed or substantially improved in the floodway shall also 
comply with the provisions of division (D)(1) of this section. 
(5) Below-grade crawl spaces. Below-grade crawlspaces are allowed subject to the following 
standards as found in FEMA Technical Bulletin 11-01, Crawlspace Construction for Buildings Located 
in Special Flood Hazard Areas: 
2021 S-2 


Winston -Land Usage 

(a) The building must be designed and adequately anchored to resist flotation, collapse, 
and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the 
effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the 
required openings stated in division (b) below. Because of hydrodynamic loads, crawlspace construction 
is not allowed in areas with flood velocities greater than five feet per second unless the design is 
reviewed by a qualified design professional, such as a registered architect or professional engineer. Other 
types of foundations are recommended for these areas. 
(b) The crawlspace is an enclosed area below the base flood elevation (BFE) and, as such, 
must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of 
floodwaters. The bottom of each flood vent opening can be no more than one foot above the lowest 
adjacent exterior grade. 
(c) Portions of the building below the BFE must be constructed with materials resistant 
to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the 
building, but also any joists, insulation, or other materials that extend below the BFE. The recommended 
construction practice is to elevate the bottom of joists and all insulation above BFE. 
(d) Any building utility systems within the crawlspace must be elevated above BFE or 
designed so that floodwaters cannot enter or accumulate within the system components during flood 
conditions. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters. 
(e) The interior grade of a crawlspace below the BFE must not be more than two feet 
below the lowest adjacent exterior grade. 
(f) The height of the below-grade crawlspace, measured from the interior grade of the 
crawlspace to the top of the crawlspace foundation wall must not exceed four feet at any point. The 
height limitation is the maximum allowable unsupported wall height according to the engineering 
analyses and building code requirements for flood hazard areas. 
(g) There must be an adequate drainage system that removes floodwaters from the interior 
area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event. 
The type of drainage system will vary because of the site gradient and other drainage characteristics, 
such as soil types. Possible options include natural drainage through porous, well-drained soils and 
drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity 
or mechanical means. 
(h) The velocity of floodwaters at the site should not exceed five feet per second for any 
crawlspace. For velocities in excess of five feet per second, other foundation types should be used. 
(i) For more detailed information refer to FEMA Technical Bulletin 11-01. 
2021 S-2 


Zoning Code 201 

(C) Before regulatory floodway. In areas where a regulatory floodway has not been designated, no 
new construction, substantial improvements, or other development (including fill) shall be permitted 
within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative 
effect of the proposed development, when combined with all other existing and anticipated development, 
will not increase the water surface elevation of the base flood more than one foot at any point within the 
community. 
(D) Floodways. Located within areas of special flood hazard established in division (A), are areas 
designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood 
waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: 
(1) Except as provided in division (3) below, prohibit encroachments, including fill, new 
construction, substantial improvements and other development unless certification by a registered 
professional engineer or architect is provided demonstrating that encroachments shall not result in any 
increase in flood levels during the occurrence of the base flood discharge. 
(2) If division (D)(1), is satisfied, all new construction and substantial improvements shall 
comply with all applicable flood hazard reduction provisions of this section. 
(3) Projects for stream habitat restoration may be permitted in the floodway provided the 
projects have been approved by the U.S. Army Corps of Engineers, Oregon Department of State Lands, 
or the Oregon Department of Fish and Wildlife, as appropriate. 
(Ord. 590, passed 6-23-2003) 
§ 154.106 PROVISIONS FOR FLOOD HAZARD REDUCTION. 

(A) General standards. In all areas of special flood hazards areas, the following standards shall be 
adhered to: 
(1) Alteration of watercourses. Require that the flood carrying capacity within the altered or 
relocated portion of said watercourse is maintained. Require that maintenance is provided within the 
altered or relocated portion of said watercourse to ensure that the flood carrying capacity is not 
diminished. Require compliance with § 154.104(F). 
(2) Anchoring. 
(a) All new construction and substantial improvements shall be anchored to prevent 
floatation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic 
loads, including the effects of buoyancy. 
(b) All manufactured homes shall be anchored per § 154.107(D). 
(3) Construction materials and methods. 
2021 S-2 


Winston -Land Usage 

(a) All new construction and substantial improvements shall be constructed with materials 
and utility equipment resistant to flood damage. 
(b) All new construction and substantial improvements shall be constructed using methods 
and practices that minimize flood damage. 
(4) Water supply, sanitary sewer, and on-site water disposal system. 
(a) All new and replacement water supply systems shall be designed to minimize or 
eliminate infiltration of flood waters into the system. 
(b) New and replacement sanitary sewage systems shall be designed to minimize or 
eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. 
(c) On-site waste disposal systems shall be located to avoid impairment to them or 
contamination from them during flooding consistent with the Oregon Department of Environmental 
Quality. 
(5) Electrical, mechanical, plumbing, and other equipment. 
(a) Electrical, heating, ventilating, air-conditioning, plumbing, duct systems, and other 
equipment and service facilities shall be elevated at or above the base flood level, utility units can be 
placed at or above BFE, or shall be designed and installed to prevent water from entering or 
accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, 
including the effects of buoyancy, during conditions of flooding. In addition, electrical, heating, 
ventilating, air-conditioning, plumbing, duct systems, and other equipment and service facilities shall: 
(b) If replaced as part of a substantial improvement shall meet all the requirements of this 
section. 
(6) Tanks. 
(a) Underground tanks shall be anchored to prevent flotation, collapse and lateral 
movement under conditions of the base flood. 
(b) Above-ground tanks shall be installed at or above the base flood level utility units can 
be placed at or above BFE, or shall be anchored to prevent flotation, collapse, and lateral movement 
under conditions of the base flood. 
(B) Subdivision proposals. 
(1) All subdivision proposals shall be consistent with the need to minimize flood damage. 
(2) All new subdivision proposals and other proposed new developments (including proposals 
for manufactured home parks and subdivisions) shall: 
2021 S-2 


Zoning Code 203 

(a) Be consistent with the need to minimize flood damage; 
(b) Have public utilities and facilities such as sewer, gas, electrical, and water systems 
located and constructed to minimize or eliminate flood damage; and 
(c) Have adequate drainage provided to reduce exposure to flood hazards. 
(3) All new subdivision proposals and other proposed new developments (including proposals 
for manufactured home parks and subdivisions) greater than 50 lots or five acres, whichever is the lesser, 
shall include within such proposals, base flood elevation data. 
(C) Review of building permits. 
(1) When base flood elevation data has not been provided in accordance with § 154.104(D), 
the local Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation 
data available from a federal, state, or other source, in order to administer § 154.104. All new 
subdivision proposals and other proposed new developments (including proposals for manufactured home 
parks and subdivisions) must meet the requirements of § 154.106(B). 
(2) Base flood elevations shall be determined for development proposals that are five acres or 
more in size or are 50 lots or more, whichever is lesser in any A zone that does not have an established 
base flood elevation. Development proposals located within a riverine unnumbered A Zone shall be 
reasonably safe from flooding; the test of reasonableness includes use of historical data, high water 
marks, FEMA provided base level engineering data, and photographs of past flooding, etc. where 
available. Unless an Oregon registered professional engineer certifies to the City of Winston and other 
agencies, which will require a permit for the proposed development that the cumulative effect of the 
proposed development and anticipated development, when combined with all other existing and 
anticipated development, will not increase the water surface elevation of the base flood more than one 
foot. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. 
(D) Structures located in multiple or partial flood zones. In coordination with the State of Oregon 
Specialty Codes: 
(1) When a structure is located in multiple flood zones on the community's Flood Insurance 
Rate Maps (FIRM) the provisions for the more restrictive flood zone shall apply. 
(2) When a structure is partially located in a special flood hazard area, the entire structure shall 
meet the requirements for new construction and substantial improvements. 
(E) Specific standards. In all areas of special flood hazards, where the base flood elevation data has 
been provided as set forth in § 154.103(B), or § 154.104(D), the following provisions are required: 
These specific standards shall apply to all new construction and substantial improvements in addition to 
the general standards contained in this chapter. 
2021 S-2 


Winston -Land Usage 

(F) Flood openings. All new construction and substantial improvements with fully enclosed areas 
below the lowest floor (excluding basements) are subject to the following requirements. 
(1) Enclosed areas below the base flood elevation, including crawl spaces shall: 
(a) Be designed to automatically equalize hydrostatic flood forces on walls by allowing for 
the entry and exit of floodwaters; 
(b) Be used solely for parking, storage, or building access; 
(c) Be certified by a registered professional engineer or architect or meet or exceed all of 
the following minimum criteria: 
(d) A minimum of two openings; 
(e) The total net area of non-engineered openings shall be not less than one square inch 
for each square foot of enclosed area, where the enclosed area is measured on the exterior of the 
enclosure walls; and 
(f) The bottom of all openings shall be no higher than one foot above grade. 
(g) Openings may be equipped with screens, louvers, valves, or other coverings or devices 
provided that they shall allow the automatic flow of floodwater into and out of the enclosed areas and 
shall be accounted for in the determination of the net open area. 
(h) All additional higher standards for flood openings in the State of Oregon Residential 
Specialty Codes Section R322.2.2 shall be complied with when applicable by the Douglas County 
Building Department. 
(Ord. 21-692, passed 3-1-2021) 
§ 154.107 PROVISIONS FOR CONSTRUCTION IN THE FLOODPLAIN. 

(A) Residential construction. New construction and substantial improvement of any residential 
structure shall have the lowest floor, including basement, elevated one foot above the base flood 
elevation. Enclosed areas below the lowest floor shall comply with the flood openings requirements in 
§ 154.106(F). The lowest floor that are subject to flooding are prohibited, or shall be designed to 
automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of 
floodwaters. Designs for meeting this requirement must either be certified by a registered professional 
engineer or architect or must meet or exceed the following minimum criteria: 
(1) A minimum of two openings having a total net area of not less than one square inch for 
every square foot of enclosed area subject to flooding shall be provided. 
(2) The bottom of all openings shall be no higher than one foot above grade. 
2021 S-2 


Zoning Code 205 

(3) Openings may be equipped with screens, louvers, or other coverings or devices provided 
that they permit the automatic entry and exit of floodwaters. 
(4) An attached garage where the garage slab is below the base flood elevation is considered 
an enclosed area and is also subject to the flood vent requirements. 
(B) Non-residential construction. New construction and substantial improvement of any commercial, 
industrial or other non-residential structure shall: 
(1) Have the lowest floor, including basement elevated at or above the base flood elevation 
(BFE), or, together with attendant utility and sanitary facilities: 
(a) Be flood proofed so that below the base flood level the structure is watertight with 
walls substantially impermeable to the passage of water; 
(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads 
and effects of buoyancy; 
(c) Be certified by a registered professional engineer or architect that the design and 
methods of construction are in accordance with accepted standards of practice for meeting provisions of 
this section based on their development and/or review of the structural design, specifications and plans. 
Such certifications shall be provided to the official as set forth in § 154.104(D). 
(d) Non-residential structures that are elevated, not floodproofed, shall comply with the 
standards for enclosed areas below the lowest floor in § 154.106(F). 
(e) Applicants flood-proofing non-residential buildings shall be notified that flood 
insurance premiums will be based on rates that are one foot below the flood-proofed level (e.g. a 
building constructed to the base flood level will be rated one foot below that level. 
(C) Recreational vehicles. Recreational vehicles placed on sites are required to: 
(1) Be on the site for fewer than 180 consecutive days; 
(2) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached 
to the site only by quick disconnect type utilities and security devices, and has no permanently attached 
additions; or 
(3) Meet the requirements of § 154.107(D), including the anchoring and elevation requirements 
for manufactured homes. 
(D) Manufactured homes. 
(1) New or substantially improved manufactured homes supported on solid foundation walls 
shall be constructed with flood openings that comply with § 154.109(B); 
2021 S-2 


Winston -Land Usage 

(2) The bottom of the longitudinal chassis frame beam shall be at or above base flood elevation; 
and 
(3) (a) The manufactured home shall be anchored to prevent flotation collapse and lateral 
movement during the base flood. Anchoring methods may include, but are not limited to, use of 
over-the-top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in 
Flood Hazard Areas" guidebook for additional techniques); and 
(b) New or substantially improved manufactured homes shall be anchored to prevent 
flotation, collapse, and lateral movement during the base flood. Anchoring methods may include, but 
are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA's "Manufactured 
Home Installation in Flood Hazard Areas" guidebook for additional techniques); 
(4) Electrical crossover connections shall be a minimum of 12 inches above base flood 
elevation (BFE) as provided in the Oregon Manufactured Home Specialty Code; 
(5) All new, replacement or substantially improved manufactured homes to be placed or 
substantially improved on sites shall be elevated on a permanent foundation such that the bottom of the 
longitudinal chassis frame beam (lowest floor) of the manufactured home, as defined in the Oregon 
Manufactured Home Specialty Code, is elevated to a minimum 12 inches above the base flood elevation 
(BFE) and securely anchored to an adequately designed foundation system to resist flotation, collapse 
and lateral movement; 
(6) The manufactured home stand or foundation shall be a minimum of 12 inches above the 
BFE unless the foundation wall is opened on one side or end so that floodwater cannot be trapped; and 
(7) Manufactured homes placed or substantially improved in the floodway shall also comply 
with the provisions of § 154.106(A)(2). 
(E) Garages. Attached garages may be constructed with the garage floor slab below the base flood 
elevation (BFE) in riverine flood zones, if the following requirements are met: 
(1) If located within a floodway the proposed garage must comply with the requirements of 
§ 154.109(B); 
(2) The floors are at or above grade on not less than one side; 
(3) The garage is used solely for parking, building access, and/or storage; 
(4) The garage is constructed with flood openings in compliance with § 154.106(F)(1)(g), to 
equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of 
floodwater; 
(5) The portions of the garage constructed below the BFE are constructed with materials 
resistant to flood damage; 
2021 S-2 


Zoning Code 207 

(6) The garage is constructed in compliance with the standards in § 154.106; and 
(7) The garage is constructed with electrical, and other service facilities located and installed 
so as to prevent water from entering or accumulating within the components during conditions of the 
base flood. 
(8) Detached garages must be constructed in compliance with the standards for appurtenant 
structures in § 154.107 or nonresidential structures in § 154.106(B) depending on the square footage of 
the garage. 
(F) Appurtenant (accessory) structures. Relief from elevation or floodproofmg requirements for 
residential and non-residential structures in riverine (non-coastal) flood zones may be granted for 
appurtenant structures that meet the following requirements: 
(1) Appurtenant structures located partially or entirely within the floodway must comply with 
requirements for development within a floodway found in § 154.109(B); 
(2) Appurtenant structures must only be used for parking, access, and/or storage and shall not 
be used for human habitation; 
(3) In compliance with State of Oregon specialty codes, appurtenant structures on properties 
that are zoned residential are limited to one-story structures less than 200 square feet, or 400 square feet 
if the property is greater than two acres in area and the proposed appurtenant structure will be located 
a minimum of 20 feet from all property lines. Appurtenant structures on properties that are zoned as 
non-residential are limited in size to 120 square feet; 
(4) The portions of the appurtenant structure located below the base flood elevation must be 
built using flood resistant materials; 
(5) The appurtenant structure must be adequately anchored to prevent flotation, collapse, and 
lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the 
effects of buoyancy, during conditions of the base flood; 
(6) The appurtenant structure must be designed and constructed to equalize hydrostatic flood 
forces on exterior walls and comply with the requirements for flood openings in § 154.106(F); 
(7) Appurtenant/accessory structures shall be located and constructed to have low damage 
potential; 
(8) Appurtenant/accessory structures shall not be used to store toxic material, oil, or gasoline, 
or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless 
confined in a tank installed in compliance with § 154.106(A)(4). 
2021 S-2 


Winston -Land Usage 

(9) Appurtenant structures shall be constructed with electrical, mechanical, and other service 
facilities located and installed so as to prevent water from entering or accumulating within the 
components during conditions of the base flood. 
(Ord. 21-692, passed 3-1-2021) 
§ 154.108 BELOW-GRADE CRAWL SPACES. 

(A) Below-grade crawlspaces are allowed subject to the following standards as found in FEMA 
Technical Bulletin 11-01, Crawlspace Construction for Buildings Located in Special Flood Hazard 
Areas: 
(B) The building must be designed and adequately anchored to resist flotation, collapse, and lateral 
movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of 
buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the required 
openings stated in this section. Because of hydrodynamic loads, crawlspace construction is not allowed 
in areas with flood velocities greater than five feet per second unless the design is reviewed by a 
qualified design professional, such as a registered architect or professional engineer. Other types of 
foundations are recommended for these areas. 
(C) The crawlspace is an enclosed area below the base flood elevation (BFE) and, as such, must 
have openings that equalize hydrostatic pressures by allowing the automatic entiy and exit of floodwaters. 
The bottom of each flood vent opening can be no more than one foot above the lowest adjacent exterior 
grade. 
(D) Portions of the building below the BFE must be constructed with materials resistant to flood 
damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but 
also any joists, insulation, or other materials that extend below the BFE. The recommended construction 
practice is to elevate the bottom of joists and all insulation above BFE. 
(E) Any building utility systems within the crawlspace must be elevated above BFE or designed so 
that floodwaters cannot enter or accumulate within the system components during flood conditions. 
Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters. 
(F) The interior grade of a crawlspace below the BFE must not be more than two feet below the 
lowest adjacent exterior grade. 
(G) The height of the below-grade crawlspace, measured from the interior grade of the crawlspace 
to the top of the crawlspace foundation wall must not exceed four feet at any point. The height limitation 
is the maximum allowable unsupported wall height according to the engineering analyses and building 
code requirements for flood hazard areas. 
2021 S-2 


Zoning Code 209 

(H) There must be an adequate drainage system that removes floodwaters from the interior area of 
the crawlspace. The enclosed area should be drained within a reasonable time after a flood event. The 
type of drainage system will vary because of the site gradient and other drainage characteristics, such 
as soil types. Possible options include natural drainage through porous, well-drained soils and drainage 
systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity or 
mechanical means. 
(I) The velocity of floodwaters at the site should not exceed five feet per second for any 
crawlspace. For velocities in excess of five feet per second, other foundation types should be used. For 
more detailed information refer to FEMA Technical Bulletin 11-01. 
(J) For riverine (non-coastal) special flood hazard areas with base flood elevations. In addition to 
the general standards shall apply in riverine (non-coastal) special flood hazard areas with base flood 
elevations (BFE): Zones A1-A30, AH and AE. 
(Ord. 21-692, passed 3-1-2021) 
§ 154.109 BEFORE REGULATORY FLOODWAY. 

(A) In areas where a regulatory floodway has not been designated, no new construction, substantial 
improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on 
the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, 
when combined with all other existing and anticipated development, will not increase the water surface 
elevation of the base flood more than one foot at any point within the community. 
(B) Floodways. Located within areas of special flood hazard established in § 154.106(A), are areas 
designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood 
waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: 
(1) Prohibit encroachments, including fill, new construction, substantial improvements, and 
other development within the adopted regulatory floodway unless: 
(2) Certification by a registered professional civil engineer is provided demonstrating through 
hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the 
proposed encroachment shall not result in any increase in flood levels within the community during the 
occurrence of the base flood discharge; or 
(3) A community may permit encroachments within the adopted regulatory floodway that would 
result in an increase in base flood elevations, provided that a Conditional Letter of Map Revision 
(CLOMR) is applied for and approved by the Federal Insurance Administrator, and the requirements for 
such revision as established under Volume 44 of the Code of Federal Regulations, section 65.12 are 
fulfilled. 
2021 S-2 


Winston -Land Usage 

(4) If the requirements of this section are satisfied, all new construction, substantial 
improvements, and other development shall comply with all other applicable flood hazard reduction 
provisions of § 154.106. 
(5) Projects for stream habitat restoration may be permitted in the floodway provided the 
projects have been approved by the U.S. Army Corps of Engineers, Oregon Department of State Lands, 
or the Oregon Department of Fish and Wildlife, as appropriate. 
(Ord. 21-692, passed 3-1-2021) 
CONDITIONAL USE PERMIT 

§ 154.115 PURPOSE. 

A conditional use in an activity which is basically similar to the uses permitted in a particular zone, 
but which may not be entirely compatible with the permitted uses. Therefore, a conditional use must be 
reviewed to ensure that it is, or can be made to be compatible with the other permitted uses in the zone. 
(Ord. 590, passed 6-23-2003) 

§ 154.116 AUTHORIZATION TO GRANT OR DENY CONDITIONAL USES. 

Conditional uses listed in this chapter may be permitted, enlarged, or altered in accordance with the 
standards and procedures set forth in §§ 154.116 through 154.118. 

(A) In permitting a conditional use or the modification of a conditional use, the City Manager may 
impose, in addition to those standards and requirements expressly specified by this chapter, additional 
conditions which are considered necessary to protect the public health, safety, or general welfare of the 
surrounding area or the city as a whole. These conditions may include: 
(1) Increasing the required lot size or yard dimension; 
(2) Limiting the height of buildings; 
(3) Controlling the location and number of vehicle access points; 
(4) Increasing the street width; 
(5) Increasing the number of required off-street parking spaces; 
(6) Limiting the number, size, location, and lighting of signs; 
2021 S-2 


Zoning Code 211 

(7) Requiring fencing, screening, landscaping, or other facilities to protect adjacent or nearby 
property; 
(8) Designating sites for open space; 
(9) Measures to control noise, vibrations, odors, or similar nuisances; 
(10) Limitations on time of day certain activities may be conducted; 
(11) A time period in which a proposed use shall be developed; 
(12) A limit of total duration of use or activity; 
(13) Posting of a performance bond of up to the value of the improvement in order to assure that 
the other conditions of the permit are satisfied; 
(14) A contractual agreement to assure that the subject property will participate in the cost of 
future street and public facility improvements which benefit the subject property; and 
(15) Other conditions as deemed necessary. 
(B) In the case of a use existing prior to the effective date of this chapter and clarified in this chapter 
as a conditional use, a change in use or in lot area or an alteration of a structure shall conform with the 
requirements for issuance of a conditional use permit. 
(C) The City Manager shall approve, deny or return the request for revising, if the conditional use 
request requires further review and study. Denied applications cannot be resubmitted within 12 months 
after date of denial, unless documentation or evidence is provided, which demonstrates the applicant has 
mitigated or addressed all the points for the basis of denial. 
(D) Upon request, the City Manager may extend the variance authorization for up to one year. An 
extension request must be submitted to the City Manager, in writing, prior to the expiration of such 
approval, stating the reason(s) why an extension should be granted. 
(Ord. 590, passed 6-23-2003; Ord. 21-692, passed 3-1-2021) 
§ 154.117 PROCEDURE FOR TAKING ACTION ON A CONDITIONAL USE APPLICATION. 

A property owner may initiate a request for a conditional use by filing an application with the City 
Manager, using the procedures and forms prescribed pursuant to § 154.177, and paying a nonrefundable 
filing fee. 
(Ord. 590, passed 6-23-2003) 

2021 S-2 


Winston -Land Usage 

§ 154.118 TIME LIMIT ON A PERMIT FOR A CONDITIONAL USE. 

Authorization of a conditional use shall be void after one year or such lesser time as the 
authorization may specify unless substantial construction or conditions of approval pursuant thereto has 
taken place. Substantial construction shall mean construction of the permanent, main building structure 
beyond the stage of exterior walls and roof to such a degree that the estimated value of the structure 
exceeds 75% of the estimated building value as determined for construction permit purposes. On request, 
authorization may be extended for an additional period not to exceed one year. 
(Ord. 590, passed 6-23-2003) 

§ 154.119 REVOCATION OF A PERMIT FOR A CONDITIONAL USE. 

(A) Any permit for a conditional use may be revoked by the City Manager or Planning Commission 
for violation of any conditions of issuance or other ordinances or regulations. 
(B) Before the Planning Commission may act on such a revocation, it shall hold a public hearing 
thereon. The revocation of a conditional use by the City Manager may be appealed to the Planning 
Commission. The revocation of a conditional use by the Planning Commission may be appealed to City 
Council. 
(C) Within five days after a decision has been rendered with reference to the revocation, the City 
Manager shall provide the applicant with written notice of the decision. 
(Ord. 590, passed 6-23-2003) 
VARIANCES 

§ 154.125 AUTHORIZATION TO GRANT OR DENY VARIANCES. 

Variances from the requirements of this chapter may be authorized where it can be shown that owing 
to special and unusual circumstances related to a specific lot, strict application of this chapter would 
cause an undue or unnecessary hardship. In granting a variance, conditions found necessary to protect 
the best interests of the surrounding property or vicinity and otherwise achieve the purposes of this 
chapter, may be attached. 
(Ord. 590, passed 6-23-2003) 

2021 S-2 


Zoning Code 213 

§ 154.126 CIRCUMSTANCES FOR GRANTING A VARIANCE. 

A variance may be granted only in the event that all of the following circumstances exist: 

(A) Exceptional or extraordinary circumstances apply to the property which do not apply generally 
to other properties in the same zone or vicinity and result from lot size or shape, topography, or other 
circumstances over which the owners of property since enactment of this chapter have had no control. 
(B) The variance is necessary for the preservation of a property right of the applicant substantially 
the same as owners of other property in the same zone or vicinity possess. 
(C) The variance would not be materially detrimental to the purposes of this chapter, or to other 
property in the zone or vicinity in which the property is located, or otherwise conflict with the objectives 
of any city plan or policy. 
(D) The variance requested is the minimum variance which would alleviate the hardship. 
(Ord. 590, passed 6-23-2003) 
§ 154.127 PROCEDURE FOR TAKING ACTION ON A VARIANCE APPLICATION. 

(A) The property owner may initiate a request for a variance by filing an application with the City 
Manager, using the procedure and forms prescribed pursuant to § 154.177 and paying a nonrefundable 
filing fee. 
(B) A variance may be approved or denied if the application is not tabled for further review and 
study. Denied applications cannot be resubmitted within 12 months after date of denial, unless 
documentation or evidence is provided, which demonstrates the applicant has mitigated or addressed all 
the points for the basis of denial. 
(Ord. 590, passed 6-23-2003) 
§ 154.128 TIME LIMIT ON A PERMIT VARIANCE. 

Authorization of a variance shall be void after one year unless substantial construction or conditions 
of approval pursuant thereto has taken place. On request, the variance authorization period may be 
extended up to one year. 
(Ord. 590, passed 6-23-2003) 

§ 154.129 FAMILY HARDSHIP VARIANCE (TEMPORARY USE OF MOBILE HOME). 

Pursuant to the procedures specified in § 154.127, the temporary placement of a mobile home may 
be authorized on a lot as a second dwelling for the purpose of alleviating a family hardship if the 
following criteria are met. 

2021 S-2 


Winston -Land Usage 

(A) The second dwelling shall be for the purpose of providing housing for a family member who, 
because of a condition relating to the age, illness or other infirmity of themselves or another family 
member, must reside in a separate dwelling on the same lot as the principal dwelling. 
(B) The second dwelling shall conform in all respects to the standards and specifications prescribed 
by this chapter, including, but not limited to size, setbacks and skirting requirements. 
(C) The second dwelling shall be properly connected to water, electrical, sewer and other utilities, 
and all required permits for the placement of the second dwelling and for its connection to utilities shall 
be obtained. In the event the property is not served by public sewers and no public sewer is within 300 
feet of the property, a subsurface sewage disposal system may be used subject to approval by the Oregon 
Department of Environmental Quality. 
(D) Temporary placement of a second dwelling as provided for in this section shall be limited to a 
specified period not to exceed two years unless upon a subsequent application by the property owner an 
extension is granted. 
(E) Authorization shall be supported by written findings which describe the nature of the hardship, 
including the names of the family members occupying the second dwelling, their relationship to the 
property owner, a brief description of the condition which is causing the hardship, and the time period 
for which the temporary placement of the second dwelling is authorized. 
(F) Prior to the issuance of a placement permit for a second dwelling, a development agreement for 
the approved hardship placement shall be completed and filed with the City Manager. A copy of the 
development agreement shall be submitted with, and made a part of, the application for the placement 
permit. 
(G) Upon expiration of the time period for which the temporary placement of a second dwelling has 
been authorized, or when the condition which warranted the authorization no longer exists, or upon 
revocation of such authorization as provided for in § 154.130, the property owner shall have 30 days in 
which to remove the temporary dwelling from the property, unless a properly filed application for an 
extension is made. If an extension is authorized, the property owner shall, within ten days of such 
extension, return a copy of the approved extension to the City Manager. 
(Ord. 590, passed 6-23-2003) 
§ 154.130 REVOCATION OF AUTHORIZATION. 

(A) Authorization for the temporary placement of a second dwelling as provided for in § 154.129 
may be revoked by the approving authority (City Manager or the Planning Commission) upon finding 
that the conditions which warranted the authorization no longer exist, or upon finding that the applicant 
has misrepresented the facts upon which the authorization had been granted. 
2021 S-2 


Zoning Code 215 

(B) An initial approval by the City Manager, may be revoked by the City Manager. The revocation 
decision by the City Manager may be appealed to the Planning Commission. An initial approval by the 
Planning Commission may be revoked by the Planning Commission. The revocation decision by the 
Planning Commission may be appealed to City Council. 
(C) The City Manager shall provide the property owner with written notice of the revocation 
decision. The notice shall also state that within 15 days from the date of the revocation decision of the 
City Manager or Planning Commission shall become effective unless a review of the decision is 
submitted within 14 days from the date of the written decision. The notice shall state that any review 
must be submitted pursuant to § 154.188 regarding a decision of the City Manager or § 154.189 
regarding a decision of the Planning Commission. 
(Ord. 590, passed 6-23-2003) 
AMENDMENTS 

§ 154.140 PURPOSE. 

This subchapter provides the substantive requirements for quasi-judicial amendments of the 
comprehensive plan. Procedural provisions for such plan amendments, unless otherwise provided by this 
subchapter, are set forth in §§ 154.170 through 154.191. A quasi-judicial amendment is a change in the 
Comprehensive Plan Future Land Use Map for a particular parcel or limited number of parcels of land. 
(Ord. 590, passed 6-23-2003) 

§ 154.141 AUTHORIZATION TO INITIATE AMENDMENTS. 

An amendment to the text of the comprehensive plan or the Future Land Use Map, this chapter or 
to the zoning map, and an amendment to any of the land use regulation ordinances, may be initiated by 
the City Council, the city Planning Commission, or by the application of the property owner. The 
request by a property owner for an amendment shall be accompanied by a filing fee and shall be 
accomplished by filing an application with the City Manager or his designee using the procedures and 
forms prescribed pursuant to § 154.177. 
(Ord. 590, passed 6-23-2003) 

2021 S-2 


Winston -Land Usage 

§ 154.142 APPLICATION AND HEARING DATES. 

All quasi-judicial plan amendment applications shall be filed with the City Manager or his designee 
at least 60 days prior to the hearing date. Application shall be made on forms provided by the City 
Manager or his designee and shall be accompanied by the required fee. Once the City Manager or his 
designee has deemed the application complete, the Planning Commission shall schedule and conduct a 
public hearing on the proposed amendment following the procedures described in § § 154.179 through 

154.188. Quasi-judicial plan amendment hearings shall be scheduled and conducted only on regular 
meeting dates scheduled in the months of April and October. 
(Ord. 590, passed 6-23-2003) 
§ 154.143 APPLICATION FORM, CONTENT, AMENDMENT STANDARDS. 

(A) The City Manager or his designee shall prescribe forms for applications for quasi-judicial plan 
amendments which, when completed, shall be sufficient to describe the nature and effect of the proposed 
amendment. 
(B) The application shall address the following requirements, which shall be the standard for 
amendment: 
(1) That the amendment complies with the Statewide Planning Goals adopted by the Land 
Conservation and Development Commission, pursuant to O.R.S. 197.240, or as revised pursuant to 
O.R.S. 197.245. If it appears that it is not possible to apply an appropriate goal to specific properties 
or situations, then the application shall set forth the proposed exception to such goal as provided in 
Statewide Planning Goal 2, Part II. Compelling reasons and facts shall be given why an exception should 
be adopted, including: 
(a) Why the proposed use should be provided; 
(b) What alternative locations within the area could be used for the proposed use; 
(c) What are the long-term environmental, economic, social and energy consequences to 
the locality, the region or the state from not applying the goal or permitting the proposed use; and 
(d) How the proposed use will be compatible with other adjacent uses. 
(2) That the amendment complies with applicable policies of the comprehensive plan. 
(3) That there is a public need for a change of the kind in question. 
(4) That such need will be best served by changing the plan designation of the particular piece 
of property in question as compared with other available property. 
2021 S-2 


Zoning Code 217 

(C) Applications for quasi-judicial plan amendments may be combined with an application, on the 
same property, for an administrative action. If a combined application is made, the time periods in this 
subchapter shall apply, even if such periods conflict with time periods set forth in §§ 154.170 through 
154.191. 
(Ord. 590, passed 6-23-2003) 
§ 154.144 NOTICE. 

(A) At least 20 days prior to the hearing by the city Planning Commission, notice thereof shall be 
given as provided in § 154.180. 
(1) Notice for hearings involving zone changes and comprehensive plan amendments shall also 
be given by publication in a newspaper of general circulation in the area affected at least 20 days prior 
to the date of the hearing. 
(B) If the application proposes an exception to a goal as described in § 154.143(B)(1), such 
exception shall specifically be noted in the notice. 
(C) A ten day notice of the City Council public hearing shall be provided to all parties of 
quasi-judicial decisions. 
(D) A notice of the City Council public hearings involving legislative zone changes and 
comprehensive plan amendments shall also be given by publication in a newspaper of general circulation 
in the area affected at least ten days prior to the date of the hearing. 
(Ord. 590, passed 6-23-2003) 
§ 154.145 PUBLIC HEARING BY PLANNING COMMISSION. 

(A) The city Planning Commission shall conduct a public hearing upon the proposed plan 
amendment, and, if the proposed amendment is combined with an application for administrative action, 
the Commission shall conduct any required hearing at the same time. The hearing shall be conducted 
pursuant to the provisions of §§ 154.170 through 154.191. 
(B) The City Planning Commission shall hear and consider all evidence, comments and 
recommendations presented by the applicant or his authorized agent; the public or any other body; the 
County Planning Commission; and the City Manager or his designee. 
(C) After the close of the hearing, the Commission shall recommend approval, conditioned approval 
or denial of the application and shall adopt findings of fact supporting its recommendation. 
(Ord. 590, passed 6-23-2003) 
2021 S-2 


Winston -Land Usage 

§ 154.146 PUBLIC HEARING BY CITY COUNCIL. 

(A) Within 30 days of the decision of the Commission, a public hearing shall be scheduled before 
the City Council. 
(1) The City Council shall conduct a public hearing within 60 days of the decision of the 
Planning Commission upon all matters heard by the Commission under this subchapter. 
(B) If a notice of review is filed with the City Manager or his designee, the City Council shall 
conduct a hearing pursuant to §§ 154.170 through 154.191. 
(1) If there is no request for review of the Commission's action, the City Council may adopt 
the findings and conclusions, and initial decision at the required public hearing. 
(2) If the City Council elects to review the Commission's initial decision, either on its own 
motion or otherwise pursuant to § 154.189, notice of the hearing shall be given pursuant to §§ 154.170 
through 154.191. 
(C) The public hearing shall be confined to the record of the proceeding before the Commission, 
which shall include those matters contained in § 154.143, and, in addition, argument by the parties or 
their legal representatives at the time of review before the City Council. 
(Ord. 590, passed 6-23-2003) 
§ 154.147 DECISION OF CITY COUNCIL. 

After the close of the hearing, the City Council shall adopt, amend, deny or remand to the 
Commission the application heard by it, and shall adopt written findings of fact and a decision supporting 
its action. 
(Ord. 590, passed 6-23-2003) 

§ 154.148 CONDITIONS OF APPROVAL. 

In granting a plan amendment, the City Council or city Planning Commission may, in addition to 
any other requirements of this chapter, impose additional conditions which it considers necessary to 
protect the best interests of the surrounding area or the city as a whole. These conditions may include: 

(A) Increasing the required lot size or yard dimension; 
(B) Limiting the height of buildings; 
(C) Controlling the location and number of vehicle access points; 
(D) Increasing the street width; 
2021 S-2 


Zoning Code 219 

(E) Increasing the number of required off-street parking spaces; 
(F) Limiting the number, size, location, and lighting of signs; 
(G) Requiring fencing, screening, landscaping, or other facilities to protect adjacent or nearby 
property; 
(H) Designating sites for open space; and 
(I) Other conditions as necessary. 
(Ord. 590, passed 6-23-2003) 
§ 154.149 APPEAL. 

Appeal of the final action of the City Council relative to an application for a quasi-judicial plan 
amendment may be pursued in the manner prescribed by statute. 
(Ord. 590, passed 6-23-2003) 

§ 154.150 RECORD OF AMENDMENTS. 

The City Recorder shall maintain records of amendments to the text and zoning map of this chapter. 
(Ord. 590, passed 6-23-2003) 

§ 154.151 LIMITATION. 

No application of a property owner for an amendment to the text of this chapter or to the zoning map 
shall be considered by the Planning Commission within the one year period immediately following a 
previous denial of such a request, except the Planning Commission may permit a new application, if in 
the opinion of the Planning Commission, new evidence or a change of circumstances warrant it. 
(Ord. 590, passed 6-23-2003) 

2021 S-2 


Winston -Land Usage 

NONCONFORMING USES 

§ 154.160 CONTINUATION OF A NONCONFORMING USE OR STRUCTURE. 

Subject to the provisions of §§ 154.160 through 154.163, a nonconforming use or structure may be 
continued and maintained in reasonable repair but shall not be altered or extended. A nonconforming 
structure which conforms with respect to use may be altered or extended if the alteration or extension 
does not cause the structure to deviate further from the standards of this chapter. 
(Ord. 590, passed 6-23-2003) 

§ 154.161 DISCONTINUANCE OF A NONCONFORMING USE. 

If a nonconforming use is discontinued for a period of one year, further use of the property shall 
conform to this chapter. 
(Ord. 590, passed 6-23-2003) 

§ 154.162 CHANGE OF NONCONFORMING USE. 

If a nonconforming use is replaced by another use, the new use shall conform to this chapter. 
(Ord. 590, passed 6-23-2003) 

§ 154.163 DESTRUCTION OF NONCONFORMING USE OR STRUCTURE. 

If a nonconforming structure or a structure containing a nonconforming use is destroyed by any 
cause to the extent exceeding 80% of its fair market value as indicated by the records of the County 
Assessor, a future structure or use on the site shall conform to this chapter. In the case of a 
nonconforming residential use, the structure may be restored and the occupancy or use of such structure 
which existed at the time of such destruction may be resumed, provided that the restoration is 
commenced within a period of one year and is diligently pursued to completion. 
(Ord. 590, passed 6-23-2003) 

§ 154.164 EXPANSION OF NONCONFORMING RESIDENTIAL USE. 

In order to alleviate possible hardships created by a nonconforming residential use, such structures 
may be increased in floor space by an amount not to exceed 25% of the floor space used for a 
nonconforming residential use at the time of the passage of this amendment or at the time the use 
becomes nonconforming, whichever is the later event. Such nonconforming residential use may be 

2021 S-2 


Zoning Code 221 

extended to the new area so created. The expansion of nonconforming residential use may be granted 
only once to any parcel of land existing at the time of the passage of this amendment or at the time the 
use becomes nonconforming, whichever is the later event. Such expansions must conform to all other 
city ordinances and codes. 
(Ord. 590, passed 6-23-2003) 

DEVELOPMENT APPROVAL PROCEDURES 

§ 154.170 PURPOSE. 

The purpose of this chapter is to establish procedures for approval of development required by this 
chapter, appeals from aggrieved persons and parties, and review of any decision by a higher authority. 
(Ord. 590, passed 6-23-2003) 

§ 154.171 REVIEW PROCESS. 

An application for development approval required by this chapter shall be processed by 
quasi-judicial public hearing or administrative action, pursuant to applicable sections of this chapter. 
Quasi-judicial hearings shall be held on all regulations, except that hearings shall not be held in those 
matters the City Manager has authority to act upon, unless appealed pursuant to the provisions of this 
chapter. 
(Ord. 590, passed 6-23-2003) 

§ 154.172 FORM OF PETITIONS, APPLICATIONS AND APPEALS. 

Petitions, applications, and appeals provided for in this chapter shall be made on forms prescribed 
by the city. Applications shall be accompanied by plans and specifications, drawn to scale, showing the 
actual shape and dimensions of the lot to be built upon; the size and relationship on the lot of all existing 
and proposed structures; the intended use of each structure; the number of families, if any, to be 
accommodated thereon; the relationship of the property to the surrounding area; and such other 
information as is needed to determine conformance with this chapter. In the matter of residential 
facilities, the residential facility application shall also be accompanied by a copy of the state licensing 
application. 
(Ord. 590, passed 6-23-2003) 

2021 S-2 


Winston -Land Usage 

§ 154.173 AUTHORIZATION OF SIMILAR USES. 

The City Manager may permit in a particular zone a use not listed in this chapter provided the use 
is of the same general type as the uses permitted there by this chapter. However, this section does not 
authorize the inclusion, in a zone where it is not listed, a use specifically listed in another zone which 
is of the same general type and is similar to a use specifically listed in another zone. 
(Ord. 590, passed 6-23-2003) 

§ 154.174 COORDINATION OF DEVELOPMENT APPROVAL. 

(A) The City Manager shall be responsible for the coordination of all development applications and 
decision making procedures, and shall approve developments when proper application is made and the 
proposed development is in compliance with the provisions of this chapter and the City of Winston 
comprehensive plan. Before approving any development, the City Manager shall be provided with 
information by the applicant sufficient to establish full compliance with the requirements of this chapter. 
(B) After an application has been submitted, no building permit for the proposed use shall be issued 
until final action has been taken. Following final action on the application, the issuance of a building 
permit shall be in conformance with the provisions of this chapter, and any conditions of development 
approval. 
(Ord. 590, passed 6-23-2003) 
§ 154.175 WHO MAY APPLY. 

(A) An application for development approval may be initiated by one or more of the following: 
(1) The owner of the property which is the subject of the application; 
(2) The purchaser of such property who submits a duly executed written contract or copy 
thereof; 
(3) A lessee in possession of such property who submits written consent of the owner to make 
such application; or 
(4) Resolution of the City Council. 
(B) Any of the above may be represented by an agent who submits written authorization by his 
principal to make such application. 
(Ord. 590, passed 6-23-2003) 
2021 S-2 


Zoning Code 223 

§ 154.176 PRE-APPLICATION CONFERENCE. 

An applicant shall request a pre-application conference prior to submitting a request for development 
approval. The purpose of the conference shall be to acquaint the applicant with the substantive and 
procedural requirements of this chapter, provide for an exchange of information regarding applicable 
elements of the comprehensive plan and development requirements, arrange such technical and design 
assistance as will aid the applicant, and to identify policies and regulations that create opportunities or 
pose significant constraints for the proposed development. The requirements of this section may be 
waived at the discretion of the City Manager. 
(Ord. 590, passed 6-23-2003) 

§ 154.177 APPLICATION. 

Application for development approval shall be made pursuant to applicable sections of this chapter 
on forms provided by the city. An application shall be complete, contain the information required by 
these regulations, and address the appropriate criteria for review and approval of the request. All 
applications shall be accompanied by the required fee. 

(A) The City Manager shall check an application for completeness as per this section. The Manager 
shall notify the applicant of any missing materials within 30 days of receipt of the application. The 
applicant shall have 180 days from the date the applicant was informed what materials were missing to 
submit the missing materials. The application shall be deemed complete when all required materials are 
received, when 180 days have expired since the applicant was notified of the missing material(s) or on 
the 31st day after submittal of any incomplete application if the applicant has submitted a written 
statement that the missing materials will not be submitted. 
(B) Concurrent processing. Any application for discretionary permits applied for under this chapter 
or under Chapter 153 of this code, for one development, at the applicant's request shall be processed 
concurrently. 
(C) Time limit on decisions. The final decision, including any appeals to the City Council, on any 
applications for discretionary permits applied for under this chapter or under Chapter 153 of this code, 
shall be made within 120 days of the date the application(s) is (are) deemed complete. The 120 days 
applies only to the decisions wholly within the authority and control of the city and not to plan and land 
use regulation decisions required to be forwarded to the Director of the Department of Land 
Conservation and Development under O.R.S. 197.610(1). The 120-day period may be extended at the 
request of the applicant. 
(D) Review. Approval or denial for an application shall be based upon the comprehensive plan and 
standards and criteria that were applicable for that land use regulation at the time the application was first 
submitted. 
2021 S-2 


Winston -Land Usage 

(1) Denied applications cannot be resubmitted within 12 months after the date of the final order 
on the action denying the application, unless documentation or evidence is provided, which demonstrates 
the applicant has mitigated or addressed all the points for the basis of denial. 
(E) An applicant whose application has not been acted upon finally within the 120 days after the 
application was deemed complete by the City Manager may seek a writ of mandamus to compel issuance 
of the permit or zone change application or a determination that the appeal would violate the city's plan 
or land use regulations. 
(Ord. 590, passed 6-23-2003) 
§ 154.178 FEE TO ACCOMPANY ANNEXATION PETITIONS. 

At the time of filing any annexation petition, the petitioner shall deposit with the city an annexation 
fee. Upon presentation of the petition the City Manager shall review it and determine whether an election 
may be required for the petition. This fee shall be used to pay expenses to the city in processing the 
annexation application, including but not limited to, reasonable charge for staff time, election expenses, 
engineering, and posting or publication costs. If, at the conclusion of the annexation process, any balance 
is left remaining after payment of the above expenses, the remainder shall be refunded to the applicant. 
(Ord. 590, passed 6-23-2003) 

§ 154.179 LAND USE ACTIONS. 

(A) Ministerial actions. The City Manager shall have the authority to review the following 
applications as ministerial actions, and shall follow the procedures provided by this chapter to accomplish 
such review. 
(1) Issuance of building permits and mobile home placement permits. 
(2) Issuance of sign permits. 
(3) Property line adjustments. 
(4) Family hardship variance (temporary use of mobile home). 
(B) Administrative actions. 
(1) The City Manager shall have the authority to review the following applications as 
administrative actions, and shall follow the procedures provided by this chapter to accomplish such 
review. The following applications shall be processed as administrative actions: 
(a) Conditional use permit. 
(b) Variance. 
2021 S-2 


Zoning Code 225 

(c) Land partition. 
(2) The Planning Commission shall be provided with a copy of administrative land use 
decisions. The Planning Commission may at a regular meeting, if within the appeal period, request a 
public hearing on the decision. Any hearing shall be scheduled for the next regular meeting which allows 
a ten day notice to the applicant and others who participated in the action. If no hearing is requested by 
the Planning Commission then the decision shall be final unless otherwise appealed as provided in this 
chapter. 
(C) Quasi-judicial actions. Within 45 days after accepting a completed application for quasi-judicial 
action pursuant to this section of this chapter, the City Manager shall act upon, or cause a hearing to be 
held upon, the application, unless such time limitation is extended with the consent of the applicant. The 
following matters shall be heard by the Planning Commission, pursuant to the procedures established 
in this subchapter. 
(1) Zone change; 
(2) Planned unit development; 
(3) Subdivision preliminary plat; 
(4) Mobile home park preliminary plan review; 
(5) Comprehensive plan map amendment; 
(6) Review of annexation petition; 
(7) Review of an administrative action requested within the appeal period; 
(8) Appeals of a decision by the City Manager; 
(9) Matters referred to the Commission by the City Manager or City Council; and 
(10) Review of historic structures or sites alteration or demolition. 
(Ord. 590, passed 6-23-2003) 
§ 154.180 NOTICE. 

(A) At least 20 days prior to the date of a quasi-judicial public hearing under § 154.179(C), and 
within 60 days of receipt of an administrative action under § 154.179(B), notice shall be sent by mail 
to: The applicant and all owners of record of the property which is the subject of the applications; all 
owners of property within 150 feet of the property; applicable utility providers, Oregon Department of 
Transportation Region 3; Douglas County Planning Department; Douglas County Public Works 
Department; Umpqua Transit; and Oregon State Historic Preservation Office (SHPO). 
2021 S-2 


Winston -Land Usage 

(B) Mobile home park tenants shall be noticed in writing at least 20 days, but not more than 40 days 
prior to the hearing date, for a proposed re-zone of the park within which they reside. 
(C) The records of the Douglas County Assessor's office shall be used for notice required by this 
chapter. Persons whose names and addresses are not on file at the time of the filing of the application 
need not be notified of the action. The failure of a property owner to receive notice shall not invalidate 
the action if a good-faith attempt was made to notify all persons entitled to notice. 
(D) Any person who requests, in writing, and pays a fee established by the city, shall be entitled 
to receive copies of notices for administrative actions, either on an urban area wide or site-specific basis, 
as specified by such person. 
(Ord. 590, passed 6-23-2003) 
§ 154.181 CONTENTS OF NOTICE. 

(A) Notice of an application given pursuant to § 154.180 shall include the following information: 
(1) The name of the applicant. 
(2) A description of the subject property, reasonably calculated to give notice as to its actual 
location, and for the purpose of this section, shall include, but not be limited to the tax map designations 
of the Douglas County Assessor's office. 
(3) The nature of the application. 
(4) The scheduled date and time of the public hearing. 
(5) The deadline for filing comments on the application. 
(6) A statement explaining the standards and procedures for establishing party status as 
provided in § 154.182. 
(7) List the applicable criteria from this chapter and the plan that apply to the application at 
issue. 
(8) State that failure of an issue to be raised in a hearing, in person or by letter, or failure to 
provide sufficient specificity to afford the approving authority an opportunity to respond to the issue 
precludes appeal based on that issue. 
(9) Include the name of a city representative to contact and the telephone number where 
additional information may be obtained. 
2021 S-2 


Zoning Code 227 

(10) State that a copy of the application, all documents and evidence relied upon by the applicant 
and applicable criteria are available for inspection at no cost and will be provided at reasonable cost. 
(11) State that a copy of the staff report will be available for inspection at no cost at least seven 
days prior to the hearing and will be provided at reasonable cost. 
(12) Include a general explanation of the requirements for submission of testimony and the 
procedure for conduct of hearings. 
(Ord. 590, passed 6-23-2003) 
§ 154.182 ESTABLISHMENT OF PARTY STATUS. 

(A) In order to have standing under this chapter, a person shall be recognized as a party by the 
Planning Commission. Party status, when recognized as by the Planning Commission establishes the 
right of the person to be heard, either orally or in writing, and pursue a review or appeal under this 
chapter. 
(B) A written request for establishment of party status shall be made at least seven days before the 
date set for a quasi-judicial public hearing by any person filing with the City Manager a written statement 
regarding the application being considered. Such statement shall include: 
(1) The name, address and telephone number of the person filing the statement; 
(2) How the person qualifies as a party; 
(3) Comments which the party wishes to make with respect to application under consideration; 
and 
(4) Whether the person desires to appear and be heard at the hearing. 
(C) Five or more days before the date set for a public hearing, the City Manager shall mail the 
applicant a copy of any statements that have been filed to date. 
(D) Other persons may be granted party status by the Planning Commission at the time of the public 
hearing upon a finding that the person requesting party status is specially, personally, adversely and 
substantially affected by the subject matter. The burden for showing that party status should be granted 
shall rest with the person requesting party status. 
(Ord. 590, passed 6-23-2003) 
§ 154.183 HEARING PROCEDURE. 

(A) In the conduct of a public hearing, the Planning Commission shall have the authority, pursuant 
to the provisions of this chapter, to: 
2021 S-2 


Winston -Land Usage 

(1) Dispose of procedural requirements or similar matters. 
(2) Determine for the record those persons who have standing in the subject matter and rule 
on requests for granting party status. 
(3) Rule on offers of proof and relevancy of evidence and testimony. 
(4) Impose reasonable limitations on the number of witnesses heard and set reasonable time 
limits for oral presentation, cross-examination of witnesses and rebuttal testimony. 
(5) Take such other action appropriate for conduct commensurate with the nature of the 
hearing. 
(6) Grant, deny, or in appropriate cases, attach conditions to the matter being heard. 
(B) In the event the applicant or his authorized representative is not present at the time set for the 
hearing, the Planning Commission may postpone the matter to a later time or date. Upon receipt of a 
signed written statement by the applicant or his authorized representative requesting that the hearing be 
conducted in his absence the Planning Commission may, at its discretion, proceed with the hearing as 
otherwise provided for in this chapter. 
(C) The applicant or any party wishing to subpoena witnesses to a hearing may do so by application 
to the City Manager. Such subpoenas shall be enforceable upon proper completion and inclusion of those 
fees applicable to civil cases in the Douglas County Circuit Court. Payment of fees and services shall 
be the responsibility of the party desiring such service. 
(D) Order of procedure. Unless otherwise specified, the Planning Commission shall: 
(1) At the commencement of the hearing, read a statement to those in attendance that: 
(a) Lists the applicable substantive criteria; 
(b) States that testimony and evidence must be directed toward the applicable criteria in 
the plan or this chapter which the person believes to apply to the decision; and 
(c) States that failure to raise an issue with sufficient specificity to afford the approving 
authority and the parties an opportunity to respond to the issue precludes appeal based on that issue. 
(2) Announce the nature and purpose of the hearing and summarize the rules for conducting 
the hearing. 
(3) Recognize parties to hearing. 
2021 S-2 


Zoning Code 229 

(4) Prior to taking any action at the hearing, all members of the Planning Commission shall 
disclose the content of any significant pre-hearing or ex parte contacts with regard to the matter being 
heard. Any party to such contact shall be given the opportunity to rebut the substance of the ex parte 
disclosure. 
(5) Request the City Manager to present the introductory report of the City Manager and 
explain any graphic or pictorial displays which are a part of the report. Request the City Manager to read 
findings and recommendations, if any, and provide such other information as may be requested by the 
Planning Commission. 
(6) Allow the applicant to be heard first, on his behalf or by representative. 
(7) Allow parties or witnesses in favor of the applicant's proposal to be heard. 
(8) Allow other parties or witnesses to be heard next in the same manner as in the case of the 
applicant. 
(9) Upon failure of any party to appear, the Planning Commission may take into consideration 
written material submitted by such party. 
(10) Allow the parties to offer rebuttal evidence and testimony, and to respond to any additional 
evidence. The scope and extent of rebuttal shall be determined by the Chairman. 
(11) Conclude the hearing. 
(E) Questions may be asked at any time by members of the Planning Commission. Questions by the 
parties or City Manager may be allowed by the President upon request. Upon recognition by the 
President questions may be submitted directly to the witnesses or parties. The witnesses or parties shall 
be given a reasonable amount of time to respond solely to the questions. 
(F) Unless there is a continuance, if a participant so requests before the conclusion of the initial 
evidentiary hearing, the record shall remain open for at least seven days after the hearings. When the 
Chair reopens the record to admit new evidence or testimony, any person may raise new issues which 
relate to the new evidence, testimony or criteria for decision-making which apply to the matter at issue. 
(G) At the conclusion of the hearing, the Planning Commission shall either make a decision and 
state findings which may incorporate findings proposed by any party, or the City Manager, or may take 
the matter under advisement. The Planning Commission may request proposed findings and conclusions 
from any party to the hearing. The Planning Commission, before finally adopting findings and 
conclusion, may circulate the same in the proposed form to the parties for written comment. All actions 
taken by the Planning Commission pursuant to adopting findings and conclusions which support the 
decision of the Planning Commission shall not be final until reduced to writing and signed by the 
Chairman. The Planning Commission shall grant, deny, or in appropriate cases, attach conditions to the 
proposal being heard, and the City Manager shall notify by mail the parties of the decision. 
2021 S-2 


Winston -Land Usage 

(H) General conduct of hearing. The following rules apply to the general conduct of the hearing: 
(1) No person shall be disorderly, abusive or disruptive of the orderly conduct of the hearing. 
(2) No person shall testify without first receiving recognition from the President and stating 
his full name and address. 
(3) No person shall present irrelevant, immaterial or unduly repetitious testimony or evidence. 
Formal rules of evidence as used in courts of law shall not apply. Evidence received at any hearing shall 
be of the quality that reasonable persons rely upon in the conduct of their everyday affairs. 
(4) Audience demonstrations such as applause, cheering and display of signs, or other conduct 
disruptive of the hearing, shall not be permitted. Any such conduct may be cause for immediate 
suspension of the hearing. 
(Ord. 590, passed 6-23-2003) 
§ 154.184 QUASI-JUDICIAL HEARINGS/CHALLENGES TO IMPARTIALITY. 

(A) Any party to a matter to be heard under this chapter and any member of the approving authority 
or of the City Council may challenge the qualification of any other member of that authority or body to 
participate in the hearing and decision regarding the matter. The challenge shall state by affidavit the 
facts relied upon by the challenger as the basis for the challenge. 
(1) Except for good cause shown, the challenge shall be delivered by personal service to the 
City Recorder and the person whose qualification is challenged, not less than 48 hours preceding the time 
set for the hearing. 
(2) The challenge shall be made a part of the record of the hearing. 
(B) No member of the approving authority or of the City Council may discuss or vote on a matter 
when: 
(1) Any of the following has a direct or substantial pecuniary interest in the matter: the member 
or his or her spouse, brother, sister, child, parent, father-in-law, or mother-in-law; any organization in 
which the member is then serving as an officer or director or has so served within the previous two 
years; or any business with which the member is negotiating for or has an arrangement or understanding 
concerning a prospective partnership, employment or other business affiliation. 
(2) The member owns all or a portion of the property that is the subject of the matter before 
the approving authority or City Council or owns abutting or adjacent property. 
2021 S-2 


Zoning Code 231 

(3) The member has a direct personal interest in the matter or for any other reason cannot 
participate in the hearing and decision impartially. This includes matters where by past conduct or 
statements the member: has a bias which in the exercise of sound judgment the member cannot vote upon 
the matter impartially and without prejudice to the substantial rights of the challenging party; owes a 
present or future fiduciary duty to one of the parties; shares the member's residence with a party which 
has a pecuniary interest in the matter; or has a personal bias or prejudice against a party. 
(C) Because of the importance of preserving public confidence in decisions made by the approving 
authority or City Council, a member of that authority or body may elect to abstain from a particular 
hearing when in fact the member is not disqualified but simply desires to avoid the mere appearance of 
partiality. Abstention in such an instance shall be solely a matter of the member's own judgment. A 
member who feels that abstention may be necessary or desirable under this section shall seek the advice 
of the authority or body and then state the member's decision and the reasons therefore. 
(D) No other officer or employee of the city who has a financial or other private interest in a matter 
before the approving authority or City Council may participate in discussion of the matter with, or give 
an official opinion on the matter to, the authority or body without first declaring for the record the nature 
and extent of that interest. 
(E) At the commencement of the hearing on a matter, members of the approving authority or of the 
City Council shall reveal all significant pre-hearing and ex parte contacts they have had about the matter. 
If the contacts have not impaired the member's impartiality, the member shall so state that fact and 
participate or abstain in accordance with division (D) of this section and with the member's own 
judgment. 
(F) Notwithstanding any other rule, an abstaining or disqualified member shall constitute part of 
a quorum and may represent the member's interest at a hearing, provided the member joins the audience, 
makes full disclosure of the member's status and position when addressing the approving authority or 
City Council and abstains from discussion and from voting on the matter as a member of the authority 
or body. 
(G) Whenever the qualifications of a member of the approving authority or of the City Council are 
challenged, the presiding officer of the authority or body shall give precedence to the challenge by first 
giving the challenged member an opportunity to respond and then, if necessary, putting the challenge 
to the authority or Board for decision. 
(H) Disqualification for reasons set forth in divisions (A), (B), (C), or (E) of this section may be 
ordered by a majority of the approving authority or City Council. The member who is the subject of the 
motion for disqualification may not vote on the motion. 
(I) If all members of the body abstain or are disqualified and consequently cannot reach a decision 
while so abstaining or disqualified, all members present, after stating their reasons for abstention or 
disqualification, shall by so doing be re-qualified and proceed to resolve the issues. 
2021 S-2 


Winston -Land Usage 

(J) A member absent during the presentation of any evidence in a hearing may not participate in 
the deliberations or final decision regarding the matter of the hearing unless he or she has reviewed the 
evidence received. 
(Ord. 590, passed 6-23-2003) 
§ 154.185 OFFICIAL NOTICE. 

(A) The Planning Commission may take official notice of the following: 
(1) All facts which are judicially noticeable. Judicially noticed facts shall be stated and made 
part of the record. 
(2) The comprehensive plan and other officially adopted plans, ordinances, rules and 
regulations. 
(B) Matters officially noticed need not be established by evidence, and may be considered by the 
Planning Commission in the determination of the application. 
(Ord. 590, passed 6-23-2003) 
§ 154.186 RECORD OF PROCEEDING. 

(A) A verbatim record of the proceeding shall be made. It shall not be necessary to transcribe 
testimony except as provided for in § 154.189. In all cases, the tape, transcript of testimony or other 
evidence of the proceedings shall be part of the record. 
(B) All exhibits received shall be marked so as to provide identification upon review. 
(C) A complete record of the hearing, including all exhibits received, shall become part of the 
official records of the city and shall be maintained in accordance with state laws. 
(Ord. 590, passed 6-23-2003) 
§ 154.187 DECISION. 

(A) The Planning Commission may approve the application, deny the application, or grant approval 
subject to special conditions necessary to carry out the purpose and intent of this chapter. 
(B) The Planning Commission shall make its decision upon the close of its hearing or upon 
continuance of the matter to a specified date. 
2021 S-2 


Zoning Code 233 

(C) The City Manager shall send a copy of the Planning Commission's final written decision to all 
parties to the proceeding within seven days of said decision, and shall at the same time, file a copy of 
the Planning Commission's final order in the official records of the city. 
(Ord. 590, passed 6-23-2003) 
§ 154.188 APPEALS OF CITY MANAGER DECISION. 

(A) Any administrative action by the City Manager pursuant to § 154.179(B) shall be subject to 
review by the Planning Commission. 
(B) Any person or entity who would have been entitled to notice, or a person who is adversely 
affected or aggrieved by the City Manager’s decision, may file a timely written statement to appeal a 
decision of the City Manager relative to an administrative action. In the conduct of an appeal hearing, 
the Planning Commission shall establish that the appellant is qualified as a party as defined by this 
chapter, or the appeal shall not be heard and the contested decision shall become final. 
(C) The Planning Commission may review the action of the City Manager upon its own motion by 
resolution filed within 14 days of the City Manager's decision, or upon receipt of a notice of appeal as 
prescribed herein. For the purpose of this section, an appeal shall be filed with the City Manager no later 
than 14 days following the date of the decision or action of the City Manager. 
(D) Every notice of appeal shall contain: 
(1) A reference to the application sought to be appealed. 
(2) The date of the final decision on the action. 
(3) A statement as to how the petitioner qualifies as a party. 
(4) The specific facts from the record of the hearing which form the basis of the petitioner's 
request for review. 
(E) The appeal shall be accompanied by the required fee. 
(F) At least 20 days prior to the date of the Planning Commission meeting, the City Manager shall 
give notice as provided by § 154.180(A) of the time and place of the meeting to all parties to the case. 
(G) Members of the Planning Commission shall neither: 
(1) Communicate, directly or indirectly, with any party or representative in connection with 
any issue related to the appeal except upon notice and opportunity for all parties to participate; nor 
2021 S-2 


Winston -Land Usage 

(2) Take notice of any communication, reports, staff memoranda, or any other materials 
prepared in connection with the particular case, unless the parties are afforded an opportunity to review 
the material so noticed. 
(H) During the course of the review, the City Manager shall first present to the Planning 
Commission the decision and the reasons for such action. The appellant then may present its argument 
and may call witnesses to give additional testimony. 
(I) Appeal of an administrative decision to the Planning Commission shall be conducted as a new 
hearing without prejudice. 
(J) The review shall be accomplished in accordance with the provisions of this chapter. The 
Planning Commission may continue the appeal hearing to a specified time to gather additional evidence 
or to consider the application fully. Unless otherwise provided by the Planning Commission, no 
additional notice need be given of continued hearings if the matter is to be continued to a specific date. 
(K) The majority of the Planning Commission shall act upon appeal within 30 days of filing thereof, 
unless such time limitation be extended with the consent of the applicant; provided that, unless otherwise 
ordered by the Planning Commission, the City Manager shall forward such appeals in the order in which 
they are filed. 
(L) Any person wishing to subpoena or depose witnesses to an appeal may do so by application to 
the City Manager not less than seven days prior to the hearing, and by showing that the witness resides 
in Oregon, is unable or unwilling to appear, and his testimony is material and relevant. Such subpoenas 
or depositions shall be enforceable, upon proper completion and inclusion of those fees applicable to civil 
cases in the Douglas County Circuit Court. 
(M) All evidence offered may be received. Evidence received at any hearing shall be of the quality 
that reasonable persons rely upon in the conduct of their everyday affairs. All evidence received shall 
become a part of the record of the hearing. 
(N) The Planning Commission may affirm, reverse or modify the action of the City Manager and 
may reasonably grant approval subject to conditions necessary to carry out the purpose and intent of this 
chapter. 
(1) For all cases, the Planning Commission shall make a decision based upon the findings and 
conclusions from the record of the hearing. 
(2) The Planning Commission shall make its decision upon the close of its hearing, or upon 
continuance of the matter to a specific date. 
(3) The City Manager shall send a copy of the Planning Commission's final written decision 
to all parties to the appeal within seven days of said decision and shall, at the same time, file a copy of 
the Planning Commission's final order in the records of the city. 
(Ord. 590, passed 6-23-2003) 
2021 S-2 


Zoning Code 235 

§ 154.189 REVIEW OF THE DECISION OF THE PLANNING COMMISSION. 

Fifteen days from the date of the written decision of the Planning Commission, the decision shall 
become effective, unless review is sought pursuant to this section. 

(A) Review of the decision of the Planning Commission. 
(1) Shall be made by the City Council upon any party filing a notice of review with the City 
Manager within 14 days of the filing of the written decision sought to be reviewed. Review by the City 
Council shall be conducted pursuant to § 154.190. 
(2) May be made by the City Council on its own motion passed within 14 days of the filing of 
the written decision sought to be reviewed. Review by the City Council shall be conducted pursuant to 
§ 154.190. 
(B) Notice of the time and place of the review, together with any notice of review filed, shall be 
mailed to all parties at least 14 days prior to the date of review by the City Council. 
(C) A record of the review shall be made and shall be the same as that required at the hearing before 
the Planning Commission, pursuant to § 154.186. 
(D) Every notice of review shall contain: 
(1) A reference to the decision sought to be reviewed; 
(2) The date of the decision sought to be reviewed; 
(3) A statement as to how the petitioner qualifies as a party; and 
(4) The specific facts from the record of the hearing which form the basis of the petitioner’s 
request for review. 
(E) Except when filed by the City Council, a notice of review shall be accompanied by the required 
fee. 
(1) If the City Council does not desire a transcript, the applicant or any party may request a 
transcript. Any such transcript request shall be paid for by the person requesting it in the manner 
provided in this section. The estimated cost of the transcript shall be specified by the City Manager. 
Within five days of such estimate, the person making the request for a transcript shall deposit the 
estimated cost with the City Manager. Any deposit excess shall be returned to the depositing person. 
(2) If a transcript is desired by the City Council, the costs shall be borne by the city. 
(Ord. 590, passed 6-23-2003) 
2021 S-2 


Winston -Land Usage 

§ 154.190 REVIEW BY THE CITY COUNCIL. 

(A) The review of the Planning Commission's decision by the City Council shall be confined to the 
record of the original hearing, which will include the following: 
(1) All materials, pleadings, memoranda, stipulations and motions submitted by any party to 
the proceeding and recorded or considered by the Planning Commission as evidence. 
(2) All materials submitted by the City Manager to the Planning Commission with respect to 
the application. 
(3) The transcript of the hearing, if desired by the City Council, or the tape recording of the 
hearing or other evidence of the proceedings before the Planning Commission. 
(4) The written findings, conclusions and decision of the Planning Commission. 
(5) Argument by the parties and/or their legal representatives on the record is permitted 
pursuant to § 154.183 at the time of review by the City Council. 
(B) Review by the City Council upon appeal by a party shall be limited to the facts from record of 
the hearing which forms the basis of the petitioner's request for review. New materials or testimony 
containing facts which were not made part of the original hearing shall not be received. 
(C) The City Council may affirm, reverse or modify the action of the Planning Commission, and 
may approve or deny the request, or grant approval subject to special conditions necessary to carry out 
the purpose and intent of this chapter. 
(1) For all cases, the City Council shall make a decision based upon the findings and 
conclusions from the record of the original hearing. 
(2) The City Council shall enter such findings, conclusions and final orders upon the close of 
its hearings or upon continuance of the matter to a specific time. 
(3) The City Council shall, within seven days of its final order, cause copies of its final written 
order to be sent to all parties participating in the review before it. 
(D) The City Council may remand the matter to the Planning Commission if it is satisfied that 
testimony or other evidence could not have been presented at the initial hearing. In deciding such 
remand, the City Council shall consider and make findings and conclusions: 
(1) That substantial prejudice to parties resulted; 
(2) That material, relevant and competent evidence at the time of the initial hearing was 
unavailable through no lack of diligence of the party offering such testimony and evidence; or 
2021 S-2 


Zoning Code 237 

(3) That surprise to opposing parties occurred. 
(E) Only those members of the City Council reviewing the record may act on the matter reviewed. 
The agreement of a majority of those reviewing is necessary to amend, reverse or remand the action of 
the Planning Commission. Upon failure of a majority of those reviewing to agree, the decision of the 
Planning Commission shall stand. 
(F) City Council decisions for discretionary permits may be appealed to the Land Use Board of 
Appeals (LUBA), as provided in O.R.S. 197.830. 
(Ord. 590, passed 6-23-2003) 
§ 154.191 AMENDMENTS TO LAND USE ACTIONS. 

(A) Definitions. 
MINOR AMENDMENT. A change which: 

(a) Does not increase the intensity of the approved land use; 
(b) Does not change the general location or amount of land devoted to an approved land 
use; or 
(c) Includes only minor shifting of established lines, location of buildings, proposed public 
or private streets, pedestrian ways, utility easements, parks or other public open spaces. 
MAJOR AMENDMENT. Any change which is not a minor amendment. 

(B) Approval of minor amendments. A minor amendment to an approved ministerial, administrative 
or quasi-judicial land use action may be approved by the City Administrator. 
(C) Approval of major amendments. Approval of a major amendment to an approved land use action 
requested within two years of the date of decision (or, within the extension period for the decision if an 
extension has been authorized) shall be a land use action subject to the provisions of §§ 154.170 through 
154.191. 
(Ord. 590, passed 6-23-2003) 
2021 S-2 


Winston -Land Usage 

REMEDIES 

§ 154.200 ALTERNATIVE REMEDY. 

In case a structure is, or is proposed to be, located, constructed, maintained, repaired, altered, or 
used, or land is, or is proposed to be, used in violation of this chapter, the structure or land thus in 
violation shall constitute a nuisance. The city may as an alternative to other remedies that are legally 
available for enforcing this chapter, institute injunction, mandamus, abatement, or other appropriate 
proceedings to prevent, join, temporarily or permanently, abate, or remove the unlawful location, 
construction, maintenance repair, alteration or use. 
(Ord. 590, passed 6-23-2003) 

HISTORICAL REVIEW 

§ 154.210 REVIEW FOR REGISTERED HISTORIC RESOURCES. 

The purpose of this historic preservation provision is to preserve, protect, maintain and enhance 
those historic resources which represent or reflect elements of the cultural, social, economic, political 
and architectural history. Historic resources are the sites, buildings, structures, objects, natural features 
or specific districts that relate to events or conditions of our past. Protected resources will provide 
educational value, enjoyment and economic diversification as well as beautification of the city and 
enhancement of property values. This section is intended to allow the city to review development or 
demolition proposals to ensure that registered historic resources are preserved. 
(Ord. 590, passed 6-23-2003) 

§ 154.211 HISTORIC RESOURCES. 

For the purposes of this section, historic resources are those within the Douglas County Historic 
Resource Register and the National Register of Historic Places. 
(Ord. 590, passed 6-23-2003) 

§ 154.212 EXTERIOR REMODELING OR ALTERATION OF HISTORIC STRUCTURES. 

Upon receipt by the Planning Department of all building permit requests for exterior alteration of 
a historic building, the City Manager or his designee shall within 15 working days, review the permit 
application for compliance with the requirements of § 154.214 and shall refer the request to the Winston 
Planning Commission and schedule a hearing to review the permit request. The Planning Commission 
shall review the permit request and shall: 

2021 S-2 


Zoning Code 239 

(A) Initiate review within 30 working days of the date the completed permit application was 
submitted to the Planning Department. The applicant shall be notified of the time and place of the review 
and be encouraged to be present. A failure to initiate review within 30 working days shall be considered 
as an approval of the application. 
(B) Direct the City Manager or his designee to submit to the Douglas County Building Department 
a statement of development approval if the Planning Commission finds the proposed alterations to be in 
compliance with § 154.214. 
(C) Initiate one of the following if the Planning Commission finds the proposed alterations to be in 
non-compliance with § 154.214: 
(1) Approve the application subject to compliance with conditions which will bring the 
application into conformance with § 154.214; or 
(2) Place up to a 60-day delay from the date of the hearing action on issuance of a building 
permit for the proposed alteration to provide additional time for gathering information, to further 
evaluate the proposal or to identify alternatives for the owners; or 
(3) Provide the applicant with information concerning local, state and federal preservation 
programs so that the applicant may gain knowledge of alternatives available to him. 
(Ord. 590, passed 6-23-2003) 
§ 154.213 DEMOLITION OF HISTORIC STRUCTURES OR NEW CONSTRUCTION OF 
HISTORIC SITES. 

(A) Upon receipt from the Planning Department of request for demolition of a historic building or 
new construction on historical sites on which no structure exists, the City Manager or his designee shall 
schedule a hearing before the Planning Commission to review the request. However, if the structure for 
which the demolition permit request has been filed has been damaged in excess of 70% of its assessed 
value due to fire, flood, wind, or other action of God, a demolition permit may be approved by the City 
Manager or his designee after ratification by the Planning Commission. If the Planning Commission does 
not ratify a demolition permit, then the City Manager or his designee shall schedule a hearing before the 
Planning Commission to review the demolition request. A failure to initiate review within 30 working 
days shall be considered as an approval of the application. 
(B) The Planning Commission may delay the issuance of the demolition permit or building permit 
for up to 60 days from the date of the hearings action by the Planning Department. The Planning 
Commission's decision shall be based upon consideration and completion of the following factors: 
(1) Reasonable efforts shall be made by the Planning Commission to provide the owner of the 
structure with possible alternatives for demolition, including information concerning local, state and 
federal preservation programs; 
2021 S-2 


Winston -Land Usage 

(2) Reasonable effort shall be made by the Planning Commission to maintain the historic 
structure by an acquisition, protection, stabilization, preservation, rehabilitation, restoration or 
reconstruction project. (A demonstrated lack of private and public funding for the above is sufficient 
cause to allow demolition). 
(3) Consideration shall be given to the guidelines listed in § 154.214. 
(4) The Planning Commission shall seek assistance through referrals from at least the following 
agencies and organizations: the State Historic Preservation Office, the Douglas County Museum, the 
Douglas County Historic Resource Review Committee and the Umpqua Historic Preservation Society. 
(C) Following review, the Planning Commission may grant or deny the request for issuance of a 
building permit or demolition permit. 
(D) The City Manager or his designee shall file a memorandum of the decision in the records of the 
Planning Department and shall send a copy to the applicant by mail. 
(E) The decision of the Planning Commission is final unless a written appeal from the property 
owner is received by the City Manager or his designee within 14 days after the date on which the 
decision was filed. 
(Ord. 590, passed 6-23-2003) 
§ 154.214 GUIDELINES FOR EXTERIOR ALTERATION OF A HISTORIC BUILDING. 

Affirmative findings shall be documented addressing the following guidelines based upon their 
relative importance. 

(A) Retention of original construction. All original exterior materials and details shall be preserved 
to the maximum extent possible. 
(B) Height. Additional stories may be added to a historic building if: 
(1) The added height complies with requirements of the building and zoning codes. 
(2) The added height does not exceed that which was traditional for the style of the building. 
(3) The added height does not alter the traditional scale and proportions of the building style. 
(4) The added height is visually compatible with adjacent historic buildings. 
(C) Bulk. Horizontal additions may be added to historic buildings provided that: 
(1) The bulk of the additions does not exceed that which was traditional for the building style. 
2021 S-2 


Zoning Code 241 

(2) The addition maintains the traditional scale and proportion of the building style. 
(3) The addition is visually compatible with adjacent historic buildings. 
(D) Visual integrity of structure. The lines of columns, piers, spandrels, and other primary structural 
elements shall be maintained so far as is practicable. 
(E) Scale and proportion. The scale and proportion of altered or added building elements, the 
relationship of voids to solids (windows to walls) shall be visually compatible with traditional 
architectural character of the historic building. 
(F) Materials and texture. In-kind materials and textures shall be used in the alteration or addition 
of historic structures. Exterior alteration or addition shall follow the requirements of the Secretary of 
Interior's Standards for historic preservation projects and the Historic Preservation League of Oregon's 
Rehab Oregon Rights Manual. 
(G) Signs, lighting and other appurtenances. Signs, exterior light, and other appurtenances, such 
as walls, fences, awnings, and landscaping shall be visually compatible with the traditional architectural 
character of the historic building. 
(Ord. 590, passed 6-23-2003) 
§ 154.999 PENALTY. 

A person violating a provision of this chapter shall, upon conviction, be punished by imprisonment 
for not more than 30 days or by a fine of not more than $300, or both. A violation of this chapter shall 
be considered a separate offense for each day the violation continues. 
(Ord. 590, passed 6-23-2003) 

2021 S-2 


Winston -Land Usage