The changes — sponsored by District 2 Commissioner Damian Pardo — would allow construction to start earlier and end later, remove criminal penalties for violators, and streamline the process for after-hours noise waivers.
The Miami City Commission will vote Thursday on a proposal to allow heavy machinery and other noise-generating equipment on construction sites for an additional two hours each weekday.
Under the change, construction-related noise would be permitted Monday through Friday from 7:00 a.m. to 7:00 p.m. – an hour earlier and an hour later than under the existing code. Saturday’s hours of 8:00 a.m. to 6:00 p.m. would remain unchanged.
The new rule would apply anywhere in the city, including single-family neighborhoods.
The proposal also would remove the threat of criminal prosecution for repeat and other egregious violations of the city’s noise ordinance. While fines would increase, enforcement would be handled administratively outside the legal system.
Other changes include a codified process for requesting permission to operate heavy equipment and generate after-hours construction noise during the evening and early-morning hours – a common practice in higher-density areas where daytime traffic congestion can hamper heavy machinery access. Under existing rules, such “noise waiver” applications can be approved only by the city manager but the proposed changes would grant that authority to other subordinates.
Miami District 2 Commissioner Damian Pardo, who is sponsoring the legislation, did not respond to multiple texts and emails from the Spotlight requesting comment. A spokesperson said by email that he would not be available to answer questions.
Officials from the Builders Association of South Florida, which provides lobbying and other support services to the development industry, also did not respond to multiple requests for comment.
In a Instagram post on Sunday night Pardo described the legislation as “productive advocacy” crafted from input from residents of the Edgewater, downtown and Brickell neighborhoods, working with city staff, to “make [the noise ordinance] much stronger, much better for all of us in the City of Miami.”
The proposal has sparked alarm in both the Grove’s single-family neighbors and its higher-density areas, both of which are riding a wave of new construction.
“This would be an absolute nightmare for the Grove,” said Henrietta Schwarz, co-founder of the nascent South Bayshore Condo Alliance and a board member of the Grovenor House Condo Association. “As it is, construction sites are so poorly managed; why would we want to extend the hours when we’re exposed to this?”
A few blocks away, in a leafy, single-family neighborhood where 100-year-old homes and midcentury bungalows are rapidly giving way to far larger structures, Michael Langlois, learning of the proposal, threw his arms up in disbelief. Earlier this year construction on a 7,300-square-foot home began next door to him where, he said, workers routinely arrive earlier – and remain later – than even the present code prescribes. Construction is expected to last 18 months.
Like Schwarz, Langlois believes city officials should be bending less to the needs and wishes of developers and more to those of residents suffering through “the emotional toll” of living a few steps from a job site.
Elsewhere in the city the proposal has landed like a thud. “This will have a very negative and disturbing impact on our neighborhood,” said Maria Doval, president of the Coral Gate Neighborhood Association, whose members are facing a massive redevelopment at the Sears retail property at Southwest 37 Avenue and Coral Way.
Miami Historic East Shenandoah Association President Yvonne Bayona is another critic of the Pardo ’s measure, noting how often now, under the present rules, she files noise complaints with the city on behalf of residents.
Construction noise complaints throughout the city are common, city officials say. Trelana Haines, the city’s Interim Director of Code Compliance, whose office investigates complaints, declined to answer questions about the need for – and impact of — extended work hours for the construction industry.
Update: During his biweekly Zoom call with constituents Monday where he faced intense pushback over proposed changes to the city’s noise ordinance, District 2 Commissioner Damian Pardo announced that he will revise his legislation ahead of Thursday’s commission vote. The updated version, expected Wednesday night, will exclude from its provisions Coconut Grove’s single-family neighborhoods and the Grove areas zoned for a maximum building height of five stories or less, Pardo said.
The few D2 Zoom calls I have attended normally have an average of 12-15 participants. The call yesterday had 54, with most there to protest the new noise ordinance. The pushback from residents was stunning to witness. The chat was flooded with comments deriding the increased hours and relaxed penalties.
To his credit, Mr Pardo while probably not expecting such a negative reaction, was paying attention, and offered to modify his proposal to include Grove single family homes and other NCD areas.
While those of us who live in the Grove might have cause to celebrate, we need to remember to stay vigilant. Goal posts in the City tend to be moved quickly and quietly.
My takeaway from the call was that when residents mobilize, and show up to voice their feelings and concerns, our Commissioner does listen.
I think our commissioners might have an easier time with residents if, in all the giveaway to developers, they would also show the same effort to help residents. What residents get with construction sites is noise, trucks parked haphazardly, overgrown swales, excess garbage, and disrespectful construction workers. Additionally, I have yet to hear a commissioner say they will help us with a simple quality of life issue – we would like to cross our streets safely. It’s taken 2 years of concerted effort to just get a commitment to get crosswalks painted on South Bayshore.
Slight correction: Henrietta Schwarz, is the Chair of the Safety Committee for the nascent SBDCA.