In an effort to streamline development approvals, the City of Miami has introduced a new Administrative Site Plan Review (ASPR) procedure to address projects that meet zoning requirements without requiring special permits. Miami 21, the City of Miami’s zoning code, has long provided a framework for reviewing development proposals for special permits such as Variances, Waivers, Warrants, and Exceptions, but City staff identified an opportunity to create a more efficient review process for projects that can proceed “By Right.” Specifically, the new ASPR provides a formal review process to approve projects that meet zoning requirements without the need for a special permit.
Addressing the Gap: The Need for ASPR
The new Administrative Site Plan Review (ASPR) process addresses a critical need by allowing projects that conform to zoning regulations to receive a formal approval that vests the project’s site plan and design, thereby protecting applicants from future changes to the zoning code or otherwise unexpected redesigns during the building permit phase. This change aims to provide developers with greater certainty and efficiency, significantly reducing the risk of costly redesigns and delays during the permitting process.
Prior to the introduction of the ASPR process, projects that were By Right had no formal process for obtaining approval of their design plans before incurring the substantial costs of engineering or architectural work needed for building permits. Although the City’s Zoning Department has offered a “Zoning Preliminary Review,” otherwise known as a “Dry Run,” this process lacked the legal entitlements associated with Special Permits. Consequently, developers often found themselves in a situation where, after investing significant time and resources, their designs could still be subject to changes due to errors or omissions uncovered during the building permit application review, or worse, changes in zoning laws that could affect the project’s feasibility.
The ASPR process, introduced through a recent code amendment, closes this gap by offering developers a clear, formalized approval for "By Right" projects that ensures their designs are locked in and protected against any future zoning changes — giving them greater certainty before committing substantial financial resources to the project.
Special Permit Validity Extension
The adoption of the ASPR process is a direct response to the City’s desire to reduce unnecessary delays and expense for developers while also streamlining the review process for projects that conform to established zoning regulations. In essence, the ASPR provides a form of vesting for projects by granting formal approval at an earlier stage, akin to the approvals granted by Special Permits.
Additionally, under the new ordinance, Exceptions, Warrants, Waivers, and ASPRs will now be valid for three (3) years, instead of two (2) years as before. The three-year timeline will be applied retroactively to any active special permits that had not already received an extension.
Converting “Dry Run” to ASPR Application
Dry Run applications can now convert those into an ASPR applications at their discretion. The conversion is not automatic, and will require confirmation from the Zoning Administrator that the application complies with all applicable laws at the time of the request.
Conclusion
For developers planning projects in Miami, understanding the requirements and nuances of the ASPR process is critical, as the new process can deliver significant time savings in review periods, as well as, vest the project site plan. Lastly, the City also extended life of Special Permits from two (2) years to three (3) years. This extension is also retroactive.
