Smart Development Requires Reform of Miami 21 and SAPs

David Winker with  David J. Winker P.A.

The purpose of zoning laws is to enhance the livability of a city and increase resident quality of life.  As a lawyer on the front lines of the relationship among government, residents and developers, I would like to suggest some revisions to Miami 21 and its special area plan (SAP) provisions to ensure smart development by strengthening communities so that people and businesses can thrive in place.

Under the Miami 21 zoning code, development may occur without meaningful public participation because as a form-based code, development is now allowed “by right.” In practice, this means that if a developer is seeking to build in compliance with the code, the development will be administratively approved, often with multiple waivers and exceptions requested by developers with no showing of hardship or necessity required.