Special exceptions.
Cape Coral Land Development Code § 3.4.4
in effectSection 3.4.4. - Special exceptions.
The intent of this section is to permit Special Exception uses which are essential to, or would promote the public health, safety, or welfare in one or more zoning districts, but which might impair the integrity and character of the zoning district or in adjoining districts, such that restrictions or conditions on location, size, extent, and character of performance may be imposed in addition to those standards already imposed in the Land Development Code.
A. General.
1. When certain minimum requirements are specifically identified in the Land Development Code as necessary for a particular special exception use, no special exception for that particular special exception use shall be approved unless all of those minimum requirements are met and no variance shall be available for the purpose of reducing, modifying, or eliminating such minimum requirements.
2. The Hearing Examiner may prescribe appropriate conditions and safeguards in conformity with the special exception use requirements. All such conditions shall be part of the terms under which the special exception is granted. The violation of any such condition or safeguard shall be deemed a violation of this section and shall be enforceable not only by revocation of the special exception, but also by all other remedies available to the city, including, but not limited to, all code enforcement procedures.
3. A special exception shall be deemed abandoned if:
a. The use is discontinued for more than 1 year; or
b. The special exception has not obtained a certificate of zoning compliance.
4. The proposed use shall comply with all requirements of the underlying zoning district(s), the Land Development Code, and all other applicable law.
B. Standards and Criteria. The following standards shall apply to all applications for special exception uses.
1. Consistency with the Comprehensive Plan.
2. The site must be suitable for the type of special exception use proposed by virtue of its location, shape, topography, and the nature of surrounding development.
3. All buildings shall be setback an adequate distance from property lines and rights-of-way. Greater building setbacks may be required when deemed necessary to protect surrounding properties.
4. Potential adverse impact to surrounding property must be mitigated to the maximum extent possible.
(Ord. 29-20, § 6, 5-11-2020)
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=ART3DERE_CH4SPREPRUADIPEAP_S3.4.4SPEXFetched: 11/4/2026