This code shall be entitled the "Land Development Code" and may be referred to herein as the "code."

(Ord. No. 2013-01, § 5(Attach., § 1.00.00), 7-9-13)

This land development code is enacted pursuant to the requirements and authority of § 163.3202, Florida Statutes, (the Local Government Comprehensive Planning and Land Development Regulation Act), and the general powers in Chapter 166, Florida Statutes.

(Ord. No. 2013-01, § 5(Attach., § 1.02.00), 7-9-13)

(a)

General applicability. Except as specifically provided below, the provisions of this code shall apply to all development in the Town of Baldwin, and no development shall be undertaken without prior authorization pursuant to this code.

(b)

Exceptions. Nothing in this section shall be construed to authorize development that is inconsistent with the Baldwin Comprehensive Plan.

(c)

Description of development review procedures. The development review process is that process by which the design of the development is reviewed to determine whether it complies with the requirements of the Code. There are two basic steps in the development plan review process: Development plan review and issuance of construction (development) permits.

(Ord. No. 2013-01, § 5(Attach., § 1.02.00), 7-9-13)

Controlling the location, design, and construction of development within the town is necessary to maintain and improve the quality of life in Baldwin as more fully described below.

(Ord. No. 2013-01, § 5(Attach., § 1.03.00), 7-9-13)

With regard to the land development code in general, its provisions shall be construed and implemented to achieve the following intentions and purposes of the town council:

(1)

To establish the regulations, procedures, and standards for review and approval of all proposed development in the Town of Baldwin.

(2)

To foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, aesthetically pleasing, and socially beneficial development of the Town of Baldwin in accordance with the comprehensive plan.

(3)

To implement the Town of Baldwin's comprehensive plan as required by the "Local Government Comprehensive Planning and Land Development Regulation Act."

(4)

To provide specific procedures to ensure that development orders and permits are conditioned on the availability of public facilities and services that meet level of service requirements.

(Ord. No. 2013-01, § 5(Attach., § 1.04.00), 7-9-13)

The provisions of this code dealing with the following specific subject areas shall be construed and implemented to achieve the following intentions and purposes of the town council:

(1)

Administration and enforcement. To assure that all development proposals be thoroughly and efficiently reviewed for compliance with the requirements of the code, the Baldwin Comprehensive Plan, and other applicable town regulations.

(2)

Signs. To create a comprehensive and balanced system of sign control that accommodates both the need for a well-maintained, safe, and attractive community, and the need for effective business identification, advertising, and communication.

(3)

Landscaping and tree protection.

a.

To enhance the attractiveness of the community.

b.

To conserve energy through the cooling and shading effect of trees.

c.

To mitigate conflicts between adjoining land uses.

d.

To preserve the environmental and ecological benefits of existing native trees and vegetation.

3.

To promote safe and efficient use of off-street parking facilities and other vehicular use areas.

(4)

Parking and loading. To assure that all developments provide for adequate and safe storage and movement of vehicles in a manner consistent with community standards and good engineering and site design principles.

(5)

Stormwater management.

a.

To protect and maintain the chemical, physical, and biological integrity of groundwaters and surface waters.

b.

To protect natural drainage systems.

c.

To minimize runoff pollution of groundwaters and surface waters.

d.

To prevent damage to wetlands.

e.

To protect, maintain, and restore the habitat of fish and wildlife.

(6)

Floodplain protection.

a.

To protect human life and health.

b.

To minimize expenditure of public money for costly flood control projects.

c.

To insure that potential purchasers of subdivided land are notified that the property is in a flood-prone area.

d.

To preserve natural floodplains, stream channels, and natural protective barriers to accommodate floodwaters.

e.

To make the town eligible for participation in the National Flood Insurance Program.

(7)

Protection of environmentally sensitive lands.

a.

To protect environmentally sensitive lands and their beneficial functions while also protecting the rights of property owners.

b.

To prevent activities which adversely affect groundwaters and surface waters, natural habitats, and native flora and fauna.

c.

To maintain recharge for groundwater aquifers.

(8)

Protection of cultural resources. To identify, protect, and enhance sites, buildings, structures, objects, and areas that are reminders of past eras, events, and persons important in local, state or national history, or which provide this and future generations examples of the physical surroundings in which past generations lived.

(Ord. No. 2013-01, § 5(Attach., § 1.04.01), 7-9-13)

The adoption of a unified land development code implements the goals, policies, and objectives of the Baldwin Comprehensive Plan.

(Ord. No. 2013-01, § 5(Attach., § 1.05.00), 7-9-13)

The Future Land Use Map Series and any future amendments are hereby adopted by reference.

(Ord. No. 2013-01, § 5(Attach., § 1.06.00), 7-9-13)

In the interpretation and application of this code all provisions shall be liberally construed in favor of the objectives and purposes of the Town of Baldwin and deemed neither to limit nor repeal any other powers granted under state statutes.

(1)

Responsibility for interpretation. In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of this code, the town council shall be responsible for interpretation and refer to the Baldwin Comprehensive Plan for guidance.

(2)

Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded.

(3)

Gender. Words importing the masculine gender shall be construed to include the feminine and neuter.

(4)

Number. Words in the singular shall include the plural and words in the plural shall include the singular.

(5)

Shall, may. The word "shall" is mandatory and the word "may" is permissive.

(6)

Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters, or figures, whether by printing or otherwise.

(7)

Year. The word "year" shall mean a calendar year, unless otherwise indicated.

(8)

Day. The word "day" shall mean a working day, unless a calendar day is indicated.

(9)

Boundaries. Interpretations regarding boundaries of land use districts shall be made in accordance with the following:

a.

Boundaries shown as following any street shall be construed as following the centerline of the street.

b.

Boundaries shown as following any platted lot line or other property line shall be construed as following such line.

c.

Boundaries shown as following natural features shall be construed as following such features.

d.

Where a district boundary line divides a lot, parcel, or tract of land, the use classification of the larger portion may be extended to the remainder by the community development board without recourse to the amendment procedure.

(Ord. No. 2013-01, § 5(Attach., § 1.07.00), 7-9-13)

The land development code is not intended to repeal, abrogate, or interfere with any existing easements, covenants, or deed restrictions duly recorded in the public records of Duval County.

(Ord. No. 2013-01, § 5(Attach., § 1.08.00), 7-9-13)

If any section, subsection, paragraph, sentence, clause, or phrase of the code is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of this Code shall continue in full force and effect.

(Ord. No. 2013-01, § 5(Attach., § 1.09.00), 7-9-13)

These regulations shall be effective upon their adoption.

(Ord. No. 2013-01, § 5(Attach., § 1.10.00), 7-9-13)