The Village has determined that the demolition, construction, and maintenance of buildings within the Village will have a significant impact on the Village's environmental sustainability, resource usage, waste management, and the health and productivity of the residents, employees, and visitors. Green Building construction increases the efficiency with which buildings and their sites use and harvest energy, water, and materials thereby reducing building impacts on human health, the environment, and the Village. The Village has also determined that the use of certified green building professionals during the design and planning of a project can significantly improve the sustainability of the finished product and the efficiency at which it is implemented.

(Ord. No. 2021-007, § 3(Exh. B), 3-9-21; Ord. No. 2024-004, § 2(Exh. A), 3-12-24)

Editor's note— Ord. No 2024-004, § 2(Exh. A), adopted Mar. 12, 2024, repealed §§ 8.18 and 8.19, and renumbered the former §§ 8.30—8.43 as §§ 8.18—8.31, as set out herein. Former §§ 8.18 and 8.19 pertained to sea wall standards and Island Walk standards, and derived from Ord. No. 2021-002, § 2, adopted Feb. 9, 2021 and Ord. No. 2021-006, § 2, adopted Mar. 9, 2021. The historical notations have been retained with the amended provisions for reference purposes.

The Green Building requirements of this Division shall apply to all Zoning Districts, Form-Based Districts and transect Zones within the Village and to the following development:

A.

All new and substantial redevelopment applications for residential, commercial, office, hotels, and civic uses.

B.

All new mixed-use development applications.

C.

For any Village-owned civic or office construction project, the Village is expected to incorporate the Green Building requirements of this Chapter unless the Village Commission, in its sole discretion, demonstrates that the cost (e.g., time, function, or funding) associated with the requirements significantly outweighs the benefits to the Village.

(Ord. No. 2021-007, § 3(Exh. B), 3-9-21; Ord. No. 2024-004, § 2(Exh. A), 3-12-24)

Note— See editor's note at § 8.18.

Requirements for applications subject to the green building program are as follows:

A.

All development subject to the green building program shall incorporate design options from the Table in Section 8.21 Green Building Development Options and Points to achieve the minimum number of points as specified below:

1.

Single family residential shall achieve a minimum of twelve (12) points.

2.

Multi-family residential shall achieve a minimum of twenty-two (22) points.

3.

Mixed-use projects shall achieve a minimum of twenty-six (26) points.

4.

Commercial and Office projects shall achieve a minimum of twenty-six (26) points.

5.

Hotel projects shall achieve a minimum of twenty-six (26) points.

6.

Civic Uses shall achieve a minimum of twenty-six (26) points.

B.

Upon site plan submittal, applicants shall provide a description of their proposed strategy to achieve the required number of points from the Table [in] Section 8.21 Green Building Development Options and Points. In the case of projects pursuing certification through an approved third-party Green Building Program, a completed official certification checklist shall be submitted with the application.

C.

All development subject to the green building program shall retain a USGBC LEED Accredited Professional, FGBC Designated Professional, an accredited NGBS Green Verifier, or other verified green building accredited professional within their planning and design team.

D.

For those projects pursuing green building certification through an approved third-party Green Building Program, the certification shall be obtained within twelve (12) months of the issuance of a certificate of occupancy (CO) by North Bay Village. Failure to submit the green building certification to the Village within this timeframe shall result in a Notice of Violation (NOV).

E.

No pennants, ribbons, balloons, flags, banners, or similar material shall be placed on any Green Building Feature.

F.

Certification signage or green feature acknowledgment plaques shall be pre-approved as a part of the permit issuance process.

(Ord. No. 2021-007, § 3(Exh. B), 3-9-21; Ord. No. 2024-004, § 2(Exh. A), 3-12-24)

Note— See editor's note at § 8.18.

The table within this subsection lists green building design options, the points available for incorporating each design option, and a brief description of the design option standards.

(Ord. No. 2021-007, § 3(Exh. B), 3-9-21; Ord. No. 2024-004, § 2(Exh. A), 3-12-24)

Note— See editor's note at § 8.18.

At the time of application submittal, the applicant must submit:

A.

Documentation identifying and verifying the credentials of the USGBC LEED accredited professional, FGBC Certifying agent, accredited NGBS Green Verifier, or other Green Building Program accredited professional on the applicant's team.

B.

A checklist for each green building option, as identified in Section 8.21, incorporated into the project design to achieve points.

C.

If the applicant is pursuing a certification through a recognized third-party green building certification program (USGBC LEED, FGBC, NGBS, etc.), the points checklist, designated level of certification, and proof of application into the third-party green building program must be submitted. The applicant shall use the most current version of the chosen certification program.

D.

The Village reserves the right to require a bond upon application for a project proposing a third-party green building certification to ensure completion of the project in accordance with the proposed green standards and receipt of the certification.

(Ord. No. 2021-007, § 3(Exh. B), 3-9-21; Ord. No. 2024-004, § 2(Exh. A), 3-12-24)

Note— See editor's note at § 8.18.

To promote the health, safety, and general welfare of the citizens in the preparation for the increasing utilization of electric vehicles, and to ensure the Village provides the infrastructure necessary to support the transition to this technology, wherever off-street parking is required, Electric Vehicle-Charging Station(s) shall be required in accordance with the following standards:

A.

New, Redeveloped, and Substantially Improved Projects:

1.

Level 2 Charging. A minimum of ten (10) percent of the total number of required or provided parking spaces shall be equipped with an electric vehicle charging station rated at Level 2 or higher. If ten (10) percent calculates to a fractional number, that fractional number must be rounded up to the next higher whole number.

2.

Level 3 Charging. When 60 or more parking spaces are required or provided, a minimum of two (2) parking spaces shall be equipped with an electric vehicle charging station rated for Level 3 charging. For every additional 60 spaces required or provided, one (1) additional Level 3 charging station shall be provided. When required, Level 3 charging stations shall be made available to any tenant, guest, invitee or other patron of the property with an electric vehicle for active charging and may not be reserved for building patrons.

3.

Guest Parking. When guest parking is required, a minimum of 10% of the required or provided guest parking spaces shall be equipped with an electric vehicle charging station rated at Level 2 or higher.

4.

Exclusive Use. When more than 20 off-street parking spaces are required or provided, all electric vehicle parking spaces shall be reserved for the exclusive use of electric vehicles.

5.

EV-Ready Spaces. Spaces not equipped with a Level 2 or higher charging station shall be required to have an electrical power supply rated at 240 volts or greater installed for each parking space for future installation of electrical vehicle charging spaces rated at Level 2 or higher.

6.

Mechanical Parking. When mechanical parking is utilized, where access to a charging station is not feasible, a Level 3 charging station shall be required for every ten (10) spaces that do not include an electrical power supply rated at 240 volts or greater.

B.

A minimum of 25% of the charging stations supplied in any development project shall provide nonproprietary connectors.

C.

Battery charging equipment shall:

1.

Be screened from view from the right-of-way;

2.

Be no higher than 72 inches from the finished floor/grade;

3.

Contain a retraction device, coiled cord, or a place to hang cords and connectors above the ground surface;

4.

Include, except in single-family residential districts, the following:

(a)

Voltage and amperage levels;

(b)

Pricing and usage fees, if any;

(c)

Safety information; and

(d)

Contact information to report issues relating to the operation of the equipment;

5.

Be elevated or designed so that all electrical components are 12 inches above the 100 year flood plain; and

6.

Be listed by Underwriters Laboratories (UL) 2202 "Standard for Electric Vehicle (EV) Charging System Equipment," comply with the Florida Building Code, Society of Automotive Engineers (SAE) Standards for Charging Stations; comply with National Electrical Code (NEC) Standards for Battery Charging Equipment; and all applicable Federal Standards, as may be amended from time to time.

7.

Charging equipment shall be installed with proper grounding and use monitoring equipment that can sense excessive temperature and shut the charging process down.

8.

Electrical service load calculations for EV supply equipment shall comply with or exceed NEC standards to ensure the electrical supply will be able to handle the extra load put on by EVs charging.

D.

An electric vehicle charging station Sign shall be posted at the electric vehicle charging station stating, "Electric Vehicle Charging Station." Signs shall be no less than 24 inches wide by 18 inches high. Color and letter size specifications shall meet the Manual on Uniform Traffic Control Devices (MUTCD) requirements for sign designation (electric vehicle charging). Single-Family Residential stations are not required to meet the MUTCD standards.

E.

The application documents for the project shall at a minimum identify the following:

1.

The location where the vehicle(s) will be parked;

2.

The location of the charging station(s); and

3.

The electrical plans showing the location of the meter, circuitry, panel schedules and routing.

F.

Any new single-family residential project that elects not to install an electric vehicle charging station, or any project proposing substantial improvements to an existing single-family home, shall install the electric lines and circuit breakers to readily accommodate future installation. Lines shall be installed up to the point where the charging station will be located.

Electric vehicle charging station(s) shall be deemed permitted accessory equipment to conforming and nonconforming buildings in all Zoning Districts and categories.

(Ord. No. 2021-007, § 3(Exh. B), 3-9-21; Ord. No. 2024-004, § 2(Exh. A), 3-12-24)

Note— See editor's note at § 8.18.

The provisions contained herein are intended to promote the health, safety, and general welfare of the citizens by providing support for alternative transportation methods.

A.

Nonresidential development shall provide a minimum of six (6) secure bicycle parking/storage spaces for each 50,000 square feet of floor area, or part thereof.

B.

Townhouse and multifamily development shall provide secure bicycle parking/storage spaces at a ratio of one space for each five residential units (1:5) or fraction thereof for those units that do have an accompanying individual dedicated enclosed garage.

C.

The location of the bicycle space/storage shall be indicated on the site plan.

(Ord. No. 2021-007, § 3(Exh. B), 3-9-21; Ord. No. 2024-004, § 2(Exh. A), 3-12-24)

Note— See editor's note at § 8.18.

The provisions contained herein are intended to promote the health, safety, and general welfare of the citizens by removing barriers to the installation of alternative energy systems and to encourage the installation of rooftop Photovoltaic Solar Systems and/or rooftop Solar Water Heater systems on Buildings and Structures within the Village.

A.

Rooftop photovoltaic solar systems and/or solar water heater systems shall be deemed permitted accessory equipment to conforming and nonconforming buildings in all zoning categories and Districts. Nothing contained in this Chapter, including design standards or guidelines included or referenced herein, shall be deemed to prohibit the installation of rooftop photovoltaic solar systems or solar water heater systems that meet the requirements of this Section, as accessory equipment to conforming and nonconforming buildings, including buildings containing Nonconforming Uses.

B.

In order to be deemed permitted accessory equipment, rooftop solar photovoltaic or solar water heater systems may exceed the permissible height limit in any district by not more than five (5) feet as specified in Section 8.17.G. For existing buildings nonconforming to height requirements, in order to be deemed permitted accessory equipment, solar photovoltaic or solar water heater systems may exceed the existing roof height by no more than five (5) feet.

C.

Prior to the issuance of a permit, the property owner(s) must acknowledge, as part of the permit application, that:

1.

If the property is within a homeowners' association, condominium association, or otherwise subject to restrictive covenants, the property may be subject to additional regulations or requirements despite the issuance of a permit by the Village; and

2.

The issuance of a permit for a rooftop photovoltaic solar system or solar hot water system does not create in the property owner(s), or any successor or assign in title, or create in the property itself, a right to remain free of shadows or obstructions to solar energy caused by development adjoining on other property or by the growth of any trees or vegetation on other property or the right to prohibit the development on or growth of any trees or vegetation on another property.

D.

To the extent that the Village has discretion regarding the removal or relocation of trees, solar access shall be a factor taken into consideration when determining whether and where trees may be removed or relocated.

E.

Rooftop photovoltaic solar systems and solar water heater systems shall be properly maintained and be kept free from hazards, including, but not limited to, faulty wiring, loose fastenings, or being maintained in a condition that is unsafe or detrimental to public health, safety, or general welfare.

(Ord. No. 2021-007, § 3(Exh. B), 3-9-21; Ord. No. 2024-004, § 2(Exh. A), 3-12-24)

Note— See editor's note at § 8.18.

The provisions contained herein are intended to promote the health, safety, and general welfare of the citizens by removing barriers to the installation of Green Roof systems on Buildings and Structures within the Village. A green roof, also referred to as a living roof, shall mean a roof of a building that is partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane. It may also include additional components such as a root barrier, drainage and irrigation system, and soil containment.

A.

Green roof systems shall be deemed permitted Accessory Equipment to conforming and Nonconforming Buildings in all Zoning Categories. Nothing contained in this Chapter, including design standards or guidelines included or referenced herein, shall be deemed to prohibit the installation of a green roof that meets the requirements of this Section, as accessory equipment to conforming and nonconforming buildings, including buildings containing Nonconforming Uses.

B.

In order to be deemed permitted accessory equipment, the green roof structural components (non-vegetative components) may exceed the permissible height limit in any district by not more than five (5) feet as specified in Section 8.17.G. For existing buildings nonconforming to height requirements, in order to be deemed permitted accessory equipment, green roof structural components may exceed the existing roof height by no more than five (5) feet.

C.

Prior to the issuance of a permit, the property owner(s) must acknowledge, as part of the permit application, that if the property is within a homeowners' association, condominium association, or otherwise subject to restrictive covenants, the property may be subject to additional regulations or requirements despite the issuance of a permit by the Village.

D.

To be deemed a green roof for the purpose of achieving points for Green Building requirements the green roof must cover at least twenty-five (25) percent of the total roof surface.

E.

The green roof system shall be properly designed, installed, and maintained, and be kept free from hazards or conditions that are unsafe or detrimental to public health, safety, or general welfare and shall comply with the provisions established in the landscape code under Section 9.24.

(Ord. No. 2021-007, § 3(Exh. B), 3-9-21; Ord. No. 2024-004, § 2(Exh. A), 3-12-24)

Note— See editor's note at § 8.18.

The provisions contained herein are intended to promote the health, safety, and general welfare of the citizens by removing barriers to the installation of green wall systems on Buildings and Structures within the Village. A Green Wall, also referred to as a living wall or vertical garden, shall mean an internal or external wall partially or completely covered with vegetation that includes a support structure and growing medium, and an integrated water delivery system.

A.

Green wall systems shall be deemed permitted accessory equipment to conforming and nonconforming buildings in all Zoning Districts. Nothing contained in this Chapter, including design standards or guidelines included or referenced herein, shall be deemed to prohibit the installation of a green wall that meets the requirements of this Section, as accessory equipment to conforming and nonconforming buildings, including buildings containing Nonconforming Uses.

B.

In order to be deemed permitted accessory equipment, the green wall structural components (non-vegetative components) may encroach into a side or rear yard setback by no more than [three] (3) feet. For existing buildings nonconforming to Setback requirements, in order to be deemed permitted accessory equipment, green wall structural components may encroach into any required setback by no more than three (3) feet.

C.

Prior to the issuance of a permit, the property owner(s) must acknowledge, as part of the permit application, that if the property is within a homeowners' association, condominium association, or otherwise subject to restrictive covenants, the property may be subject to additional regulations or requirements despite the issuance of a permit by the Village.

D.

To be deemed a green wall for the purpose of achieving points for Green Building requirements, the green wall must cover at least forty (40) percent of the external surface on the wall on which it is constructed.

The green wall system shall be properly designed, installed, and maintained, and be kept free from hazards or conditions that are unsafe or detrimental to public health, safety, or general welfare and shall comply with the provisions established in the landscape code under Section 9.23.

(Ord. No. 2021-007, § 3(Exh. B), 3-9-21; Ord. No. 2024-004, § 2(Exh. A), 3-12-24)

Note— See editor's note at § 8.18.

The provisions contained herein are intended to promote the health, safety, and general welfare of the citizens by removing barriers to the installation of alternative energy systems and to provide for the installation of Wind Turbines on rooftops or in Yards within the Village. Wind turbines may be a vertical axis helical design or a pole with blades 'windmill' type horizontal axis design.

A.

Wind turbine systems shall be deemed permitted accessory equipment to conforming and nonconforming buildings in all Zoning Districts. Nothing contained in this Chapter, including design standards or guidelines included or referenced herein, shall be deemed to prohibit the installation of a wind turbine system that meets the requirements of this Section, as accessory equipment to conforming and nonconforming buildings, including Buildings containing Nonconforming Uses.

B.

Due to design considerations and functionality requirements, an efficient wind turbine system has a design potential to exceed the permissible height limits established in this Code. In order to be deemed permitted accessory equipment, the top of the wind turbine may exceed the permissible height limit in any district by not more than ten (10) feet as specified in Section 8.17.G. Should a proposed wind turbine exceed the ten-foot limit it will need to be approved through the variance process as established in Chapter 7.

C.

Wind turbines shall maintain the setbacks established for the zoning district in which it is placed. Wind turbines shall maintain sufficient setback to ensure if it tips over it will not fall on adjacent property.

D.

Wind turbines shall not be placed in Front Yards unless a variance in accordance with Chapter 7 is granted.

E.

Wind turbines shall comply with all requirements contained within Chapter 96 of the Village's Code of Ordinances.

F.

Installation of a wind turbine shall require a building permit and shall comply with all requirements of the Florida Building Code.

G.

A private wind turbine proposed within a public Right-of-Way may only be allowed upon approval by the Village Commission.

H.

Wind turbines proposed to be placed in or over water or on docking facilities will need to be approved through the variance process as established in Chapter 7.

(Ord. No. 2021-007, § 3(Exh. B), 3-9-21; Ord. No. 2024-004, § 2(Exh. A), 3-12-24)

Note— See editor's note at § 8.18.

The provisions contained herein are intended to promote the health, safety, and general welfare of the citizens by removing barriers to the installation of Green Infrastructure or Low Impact Development (LID) systems for stormwater management and/or water quality protection.

A.

For projects that propose Green Infrastructure or Low Impact Development systems for stormwater management and/or water quality protection the applicant must demonstrate the proposed system meets the applicable stormwater management and/or water quality protection requirements as required by the Village, Miami-Dade County, the South Florida Water Management District, or the Florida Department of Environmental Protection as applicable.

B.

The property owner shall provide the Village with the issued permit(s) from any external applicable jurisdictional agency if required for the Green Infrastructure or Low Impact Development system.

C.

The Green Infrastructure shall be maintained to ensure the efficacy of the system in managing stormwater and protecting water quality.

D.

Should Green Infrastructure be proposed within an Easement, at the time of application the applicant shall submit, a form signed by any holder of an easement or Right-of-Way on the property consenting to the installation of the Green Infrastructure within the easement or right-of-way, with an accompanying acknowledgement by the property owner that in the event the easement holder performs work in the easement that it is the property owner's responsibility to repair and replace the green infrastructure disturbed as a result of the work in the easement.

E.

Private Green Infrastructure proposed within a public right-of-way, may only be allowed upon approval by the Village Commission.

(Ord. No. 2021-007, § 3(Exh. B), 3-9-21; Ord. No. 2024-004, § 2(Exh. A), 3-12-24)

Note— See editor's note at § 8.18.

Nothing in this Code precludes a property owner from installing and maintaining a clothesline in support of energy conservation measures. Installation of a clothesline shall conform to the following:

A.

A clothesline cannot be installed in an easement without a form signed by any holder of an Easement on the property consenting to the installation within the easement with an accompanying acknowledgement by the property owner that in the event the easement holder performs work in the easement that it is the property owner's responsibility to repair and replace the clothesline if disturbed as a result of the work in the easement.

B.

A clothesline cannot be installed in a Right-of-Way.

C.

A clothesline must maintain at a minimum a fifteen-foot setback from a waterbody.

D.

Clotheslines cannot be installed in a Front Yard. A clothesline cannot be installed in a Side Yard unless the required side yard setback can be met and there is a privacy fence or vegetated buffer screening the side yard from the adjacent property. A clothesline in the Rear Yard shall be screened from view from an adjacent property.

E.

Clotheslines are deemed permitted accessory equipment to Conforming and Nonconforming Buildings in all Residential Zoning categories.

(Ord. No. 2021-007, § 3(Exh. B), 3-9-21; Ord. No. 2024-004, § 2(Exh. A), 3-12-24)

Note— See editor's note at § 8.18.

To promote the health, safety, and general welfare of the citizens the Village shall provide incentives for voluntary incorporation of green building options.

A.

The incentives shall apply to any development project not required by Section 8.19 to incorporate green building requirements.

B.

To be eligible for these incentives, an applicant must demonstrate they have achieved a minimum of twelve (12) points from the development options table in Section 8.21 to qualify for the incentive.

C.

The Village shall explore providing incentives to eligible and qualified applicants, such as, but not limited to:

1.

Expedited processing for Building Permits.

2.

Reduced permitting Fee or building permit fee rebate, which shall, be established and amended, by Resolution of the Village Commission.

3.

Potential grants to assist with green and resilient retrofit projects for qualified households through the Village's Resilient Housing Trust.

4.

Tax credit or tax exemption on the local portion of the property tax bill.

(Ord. No. 2021-007, § 3(Exh. B), 3-9-21; Ord. No. 2024-004, § 2(Exh. A), 3-12-24)

Note— See editor's note at § 8.18.