Division I. Port Ludlow Master Planned Resort
Chapter 17.05
GENERAL PROVISIONS
Sections:
17.05.040 Rules of interpretation.
17.05.050 Additional requirements.
17.05.060 Qualified lead planner.
17.05.070 Public notice roster.
17.05.090 Compliance with regulations required.
17.05.120 Nonconforming structures.
17.05.130 Community associations and facilities.
17.05.010 Authority.
This division is adopted pursuant to Chapter 36.70 RCW. [Ord. 3-18 § 2; Ord. 8-99 § 1.10]
17.05.020 Title.
The regulations set forth in this division shall be known as the “Port Ludlow Master Planned Resort Code,” or by the short title, “Port Ludlow MPR code.” Citations to these regulations may be made using the applicable section number or the name of this code. [Ord. 3-18 § 2; Ord. 8-99 § 1.15]
17.05.030 Purpose and intent.
The purpose and intent of the Port Ludlow MPR code is to set forth development regulations that comply with and are consistent with the Jefferson County Comprehensive Plan for future development within the boundaries of the Port Ludlow Master Planned Resort. [Ord. 3-18 § 2; Ord. 8-99 § 1.20]
17.05.040 Rules of interpretation.
The following rules apply in making interpretations of the terms and conditions contained herein:
(1) For purposes of this division, all words used in the title shall use normal and customary meanings, unless specifically defined otherwise in this division.
(2) Words used in the present tense include the future tense.
(3) The plural includes the singular and vice-versa.
(4) The words “will” and “shall” are mandatory.
(5) The words “may” and “should” indicate that discretion is allowed.
(6) The word “used” includes designed, intended, arranged, or intended to be used.
(7) The masculine gender includes the feminine and vice-versa. [Ord. 3-18 § 2; Ord. 8-99 § 1.30]
17.05.050 Additional requirements.
The following ordinances and requirements may qualify or supplement the regulations presented in this division. Where the regulations of this division, those set forth below, or any other local, state, or federal regulations overlap, the most restrictive and/or protective standards shall apply.
(1) Article VI-D et seq. of Chapter 18.15 JCC, environmentally sensitive areas;
(2) JCC 18.30.070, Stormwater management standards;
(3) Chapter 18.35 JCC, Land Divisions, as amended by this division;
(4) Chapter 246-272 WAC, On-Site Sewage Systems;
(5) Chapter 18.25 JCC, Shoreline Management Master Program;
(6) Ordinance No. 01-0121-97, Forest Lands Ordinance, as amended by this division (see JCC 17.10.060) to limit agreements pursuant to section 7.20(1) of the Forest Lands Ordinance so that when a new structure is proposed on land adjacent to land designated as commercial forest land, in no case shall an agreement be made which allows the setback to be reduced to less than 150 feet and, further, a minimum average setback of 200 feet shall be maintained, exclusive of critical areas and their associated setbacks;
(7) All local and state monitoring, operational, and management requirements for sewer, water, and stormwater utilities, updated as may be required by the local or state agency with jurisdiction;
(8) Land use procedures of JCC Title 18, Unified Development Code. [Ord. 3-18 § 2; Ord. 8-99 § 1.40]
17.05.060 Qualified lead planner.
The director of the department of community development shall appoint a qualified planner to serve as the lead planner for the Port Ludlow Master Planned Resort community. The lead planner shall review or coordinate review of all land use applications within the MPR boundaries, and shall serve as the initial point of contact for citizens seeking information on development proposals or planning issues in the community. [Ord. 8-99 § 1.50]
17.05.070 Public notice roster.
The department of community development shall establish and maintain a public notice roster which shall be used to provide notice of land use applications within the MPR boundaries. The Port Ludlow MPR roster shall supplement any other list of names or addresses to which the department provides public notice information. Any person or organization may request to be added to the roster at any time. [Ord. 8-99 § 1.60]
17.05.080 Applicability.
The provisions of this division shall apply to all land, all associated water areas and all uses and structures within the boundary of the Master Planned Resort of Port Ludlow as depicted on the official land use map for Jefferson County, Washington. [Ord. 3-18 § 2; Ord. 8-99 § 2.10]
17.05.090 Compliance with regulations required.
No structure shall hereafter be erected and no existing structure shall be moved, altered, added to or enlarged, nor shall any land or structure be used, or arranged to be used for any purpose other than that which is included among the uses listed in the following chapters as permitted in the zoning district in which the structure or land is located, nor shall any land or structure be used in any manner contrary to any other requirement specified in this division. [Ord. 3-18 § 2; Ord. 8-99 § 2.20]
17.05.100 Exemptions.
The following structures and uses shall be exempt from the regulations of this division, but are subject to all other applicable local, state and federal regulations including, but not limited to, the county building ordinance, interim critical areas ordinance, the shoreline management master program, and the State Environmental Policy Act (SEPA).
(1) Wires, cables, conduits, vaults, pipes, mains, valves, tanks, or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas, or water or the collection of sewage, or surface or subsurface water operated or maintained by a governmental entity or a public or private utility or other county franchised utilities including customary meter pedestals, telephone pedestals, distribution transformers and temporary utility facilities required during building construction, whether any such facility is located underground, or above-ground; but only when such facilities are located in a street right-of-way or in an easement. This exemption shall not include above-ground electrical substations, sewage pump stations or treatment plants, or potable water storage tanks or facilities, which shall require conditional use approval in any zone where permitted;
(2) Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way, and maintenance and repair work on such facilities and equipment;
(3) Telephone booths and pedestals, underground utility equipment, mailboxes, bus shelters, informational kiosks, public bicycle shelters, or similar structure or device which is found by the director of community development is obviously intended to be appropriately located in the public interest;
(4) Agricultural buildings used to house livestock, store feed or farm equipment;
(5) Minor construction activities, as defined by the UBC, Section 106.2 and structures exempt under Chapter 15.05 JCC, as amended;
(6) Stormwater detention facilities associated with and accessory to new development are permitted in all zones. Any above-ground detention facility or pond shall be screened from the public right-of-way or appropriately landscaped to ensure compatibility with the surrounding area. [Ord. 3-18 § 2; Ord. 8-99 § 2.30]
17.05.110 Nonconforming uses.
Existing legal nonresidential uses are valid land uses in all zones of the Master Planned Resort and shall comply with Comprehensive Plan policies LNP 8.1-8.11 on nonconforming uses. [Ord. 8-99 § 2.40]
17.05.120 Nonconforming structures.
Existing legal nonconforming structures damaged or destroyed by fire, earthquake, explosion, wind, flood, or other calamity may be completely restored or reconstructed if all of the following criteria are met:
(1) The restoration and reconstruction shall not serve to extend or increase the nonconformity of the original structure.
(2) The reconstruction or restoration shall, to the extent reasonably possible, retain the same general architectural style as the original destroyed structure, or an architectural style that more closely reflects the character of the surrounding neighborhood.
(3) Permits shall be applied for within one year of the damage. Restoration shall be substantially complete within two years of permit issuance.
(4) Expansions or substantial modifications to rebuilt nonconforming structures shall comply with current regulations and codes, except that an existing nonconformity regarding the amount of impervious surface on a site may be maintained. [Ord. 8-99 § 2.50]
17.05.130 Community associations and facilities.
The Ludlow Maintenance Commission, Inc. (LMC) and the South Bay Community Association (SBCA) are recognized as existing organizations with facilities including, but not limited to, clubhouses, parking areas, recreation vehicle parking, recreational facilities, and parks and trails located in the MPR. LMC and SBCA facilities are separate from and not part of the resort, as defined in Chapter 17.50 JCC. Expansions, modifications, or changes to these separate LMC and SBCA facilities and uses are allowed, consistent with the provisions of this code, and exclusive of the limitations imposed by Chapter 17.50 JCC. [Ord. 8-99 § 2.60]
17.05.140 Enforcement.
The enforcement provisions codified in JCC Title 19, Code Compliance, as currently enacted or as hereafter amended, shall apply to any alleged violation of this division, more commonly known as the “Port Ludlow MPR code.” [Ord. 9-20 § 2 (Appx. B)]