DEVELOPMENT REVIEW PROCEDURES

Cape Coral Land Development Code art. 3, ch. 1

in effect

Cape Coral Land Development Code § 3.1.1 Purpose.

Section 3.1.1. - Purpose. The purpose of this article is to establish the standards and procedures for review and approval of proposed development within the City of Cape Coral, and to provide a development review process that will be comprehensive, consistent, and efficient in the implementation of the goals, objectives, and policies of the City of Cape Coral Comprehensive Plan and this Code.

Cape Coral Land Development Code § 3.1.2 Classification of development review procedures.

Section 3.1.2. - Classification of development review procedures. All development applications under this Article are subject to the procedural review requirements in this Chapter, unless otherwise exempted by the terms of this Article. Development applications are classified according to the decision-making authority for each type of application, as set forth below. A. Administrative. The following shall be treated as administrative decisions: 1. Zoning and Flood Zone Verification Letters. 2. Certificates of Zoning Compliance. 3. Administrative Interpretations and Similar Use Determinations. 4. Sign Permits (See Article 6). 5. Lot Splits and Lot Combines. 6. Conditional Uses. 7. PDP Amendments - first extension requests only. 8. PDP Abandonments - involving all owners. 9. Minor Master Concept Plan (PUD) Amendments. 10. Administrative Deviations. 11. Site Development and Subdivision Construction Plans. 12. Preliminary Subdivision Plans (See Article 10). 13. Site Improvement Permits. 14. Temporary Use Permits: a. Firework, pumpkin, and Christmas tree sales. b. Outdoor display of merchandise. c. Garage sales. d. Temporary construction or field office. e. Construction staging areas for essential public facilities and post disaster debris staging. f. Temporary sales office. g. Temporary Storage Containers. h. Temporary Habitable Structures. i. Temporary Off-Site Vehicle Sales. j. Tents for other than Special Events. k. Other events not named. l. Temporary Seawall Staging Areas. 15. Reasonable Accommodations (See Article 13). 16. Plats. B. Quasi-judicial. The following shall be treated as quasi-judicial decisions: 1. Deviations (other than Administrative Deviations). 2. Variances. 3. Special Exceptions. 4. Vacations of Plats, Easements, and Rights-of-way. 5. Rezones. 6. PDP Amendments except for 1 st extension requests. 7. PDP Abandonments - involving less than 100% of the property owners. 8. Planned Unit Developments (PUDs) and Master Concept Plans. 9. Major Master Concept Plan (PUD) Amendments. 10. Appeals. C. Legislative. The following shall be treated as legislative decisions: 1. Annexations. 2. Future Land Use Map Amendments. 3. Comprehensive Plan Text Amendments. 4. Land Development Code Text Amendments. D. Other Approvals. 1. Outdoor Display of Merchandise. 2. Special Events. E. Certain buildings, structures, improvements, and installations are exempted by the Florida Building Code from building permit issuance but must otherwise comply with the minimum requirements of this chapter. Therefore, such buildings, structures, improvements, and installations shall be subject to review under the Site Development Plan or Certificate of Zoning Compliance standards contained in this Article, as well as the regulations of the underlying zoning district. F. The Community Development Director shall have the authority to require a certificate of zoning compliance or site improvement permit review for other buildings, structures, improvements and installations that are newly created or come about by changes in the state or local building codes; or other improvements deemed necessary for approval. (Ord. 48-22, § 2, 8-3-2022; Ord. 51-25, § 1, 11-19-2025)

Cape Coral Land Development Code § 3.1.3 Development approval process; table 3.1.3.

Section 3.1.3. - Development approval process; table 3.1.3. Table 3.1.3 shows the development review process, the decision-making authority for each type of development approval; and the appeal authority for each type of decision. TABLE 3.1.3 DEVELOPMENT APPROVAL AND REQUIRED NOTICE | | | | | | | | Decision Maker | | | | | | Notice | | DD | Department Director | Recommendation | Decision Maker | | | Published | Mailed | Posted HEX | Hearing Examiner | Recommendation | Decision Maker | | | Published | Mailed | Posted LPA | Planning and Zoning Commission/Local Planning Agency | Recommendation | Decision Maker | | | Published | Mailed | Posted CC | City Council | Recommendation | Decision Maker | | | Published | Mailed | Posted SM | Special Magistrate | Recommendation | Decision Maker | | | Published | Mailed | Posted CirC | Circuit Court | Recommendation | Decision Maker | | | Published | Mailed | Posted | Application Type | Recommendation | Decision Maker | | | Published | Mailed | Posted Administrative | Zoning or Flood Zone Verification Letters | | DD | | | | | Administrative | Certificate of Zoning Compliance | | DD | | | | | Administrative | Administrative Interpretations & Similar Use Determinations | | DD | | | | | Administrative | Sign Permits | | DD | | | | | Administrative | Lot Splits and Lot Combines | | DD | | | | | Administrative | Conditional Uses | | DD | | | | | Administrative | PDP Abandonments involving all property owners | | DD | | | | | Administrative | PDP Amendments - first extension requests only | | DD | | | | | Administrative | PUD Amendments - Minor | | DD | | | | | Administrative | Administrative Deviations | | DD | | | | | Administrative | Site Development and Subdivision Construction Plans | | DD | | | | | Administrative | Preliminary Subdivision Plans | | DD | | | | | Administrative | Plats | | DD | | | | | Administrative | Site Improvements Permits | | DD | | | | | Administrative | Site Development Permits and Construction Authorization | | DD | | | | | Administrative | Temporary Use Permits | | DD | | | | | Administrative | Outdoor Dining | | DD | | | | | Administrative | Business Tax Receipts | | DD | | | | | Administrative | Reasonable Accommodations (see Article 13) | | DD | | | | | Administrative | Outdoor Dog Dining Permit | | DD | | | | | Administrative | Appeals of Administrative Decisions | DD | | SM | CirC | ✓ | | Quasi-Judicial | Deviations (Other than Administrative Deviations) | DD | HEX | | | ✓ | ✓ | ✓ Quasi-Judicial | Variances | DD | HEX | | | ✓ | ✓ | ✓ Quasi-Judicial | Special Exceptions | DD | HEX | | | ✓ | ✓ | ✓ Quasi-Judicial | Vacations - Easement/Lot/Plat | HEX | CC | | | ✓ | ✓ | ✓ Quasi-Judicial | Rezones | HEX | CC | | | ✓ | ✓ | ✓ Quasi-Judicial | PDP Amendments except for first extension requests | HEX | CC | | | ✓ | ✓ | ✓ Quasi-Judicial | PDP Abandonments involving less than 100% of the property owners | HEX | CC | | | ✓ | ✓ | ✓ Quasi-Judicial | PUDs | HEX | CC | | | ✓ | ✓ | ✓ Quasi-Judicial | PUD Amendments - Major | HEX | CC | | | ✓ | ✓ | ✓ Quasi-Judicial | Appeals of Quasi-Judicial Decisions | DD | | SM | CirC | ✓ | ✓ | Legislative | Annexations | DD | CC | | | ✓ | ✓ | ✓ Legislative | Future Land Use Map Amendments | LPA | CC | | | ✓ | ✓ | ✓ Legislative | Comp Plan Text Amendments | LPA | CC | | | ✓ | | Legislative | LDC Text Amendments | LPA | CC | | | ✓ | | Other | Outdoor Display of Merchandise | DD | SM | | | | ✓ | Other | Special Events (Parks and Recreation) | | DD | | | | | (Ord. 7-22, § 2, 2-22-2022; Ord. 48-22, § 2, 8-3-2022; Ord. 31-25, § 1, 6-4-2025; Ord. 51-25, § 1, 11-19-2025; Ord. 19-26, § 1, 5-20-2026)

Cape Coral Land Development Code § 3.1.4 Application submittals.

Section 3.1.4. - Application submittals. A. Unless otherwise indicated by a specific provision of this Article, the applicant for a permit or approval under this Code must be the owner of the property that is the subject of the application or a duly authorized agent of the owner. An applicant who is a contract purchaser must provide proof that the applicant is an authorized agent of the property owner. 1. For rezone and comprehensive plan amendments involving multiple properties or ownerships, the owners of at least fifty-one percent of the number of parcels or the land area included in the application, whichever is greater, must join in the application. 2. For applications to vacate public rights-of-way or alleys, the owners of all parcels abutting the street or alley or portion thereof to be vacated must join in the application. 3. For applications to vacate easements, all owners of parcels abutting the easement and all owners entitled to use of the easement to be vacated must join in the application. 4. For applications to vacate any portion of a platted subdivision, all owners in the subdivision must join in the application. B. Unless otherwise indicated by a specific provision of this Article or another City ordinance or regulation, applications for permits and approvals under this Chapter shall be submitted to the Community Development Department. C. Applications shall contain all information required for the type of application being filed and shall include all plans, data, studies, or supporting documents required under this code or specified in the application forms. D. The Community Development Department shall establish application forms and submittal requirements for all development applications referenced in this Article. E. Applications for various approvals and permits may be submitted for concurrent or simultaneous review at the option and sole risk of the applicant. This provision shall not apply to any comprehensive plan amendments, rezones, or permit approvals associated with a proposed annexation into the City. F. Applications for permits or development approvals which have been made available as on-line may be required to file an on-line application only, as determined by the Director. G. The Community Development Director shall have the authority to require a zoning or site improvement permit review for other buildings, structures, improvements, or installations that are newly created or come about by changes in the state or local building codes; or other improvements deemed necessary for approval.

Cape Coral Land Development Code § 3.1.5 Pre-application and neighborhood meetings.

Section 3.1.5. - Pre-application and neighborhood meetings. A. Upon request of an applicant, the director may schedule pre-application meetings with applicants and appropriate City staff, for the purpose of reviewing proposed development prior to the formal submission of an application. Applicants are encouraged, though not required, to request a pre-application meeting. A pre-application meeting is required for Planned Unit Development applications. B. The pre-application meeting shall be informal, and its purpose shall be to discuss the proposals, views, and concepts of the applicant. The purpose is also to discuss whether any additional information will be required. Failure of staff to identify any required permits or procedures at a pre-application meeting shall not relieve the applicant of any such requirements in this code or constitute waiver of the requirement by the decision-making body. C. At the pre-application meeting staff will: 1. Review the proposed project and any preliminary plans with the applicant. 2. Discuss and inform the applicant about the zoning requirements relevant to the proposal, information necessary for an application, and the approval process(es) for the project. This does not preclude the department from requesting additional information or waiving certain requirements for information later during the review process. 3. Advise the applicant whether the proposed project conforms to the Comprehensive Plan or the requirements of this title. D. Any recommendations or determinations reached during pre-application meetings are purely advisory and shall not be binding either on the applicant or the City. E. Applicants are encouraged, though not required, to conduct a neighborhood meeting to advise nearby residents of upcoming development applications. The City will provide a list of surrounding property owners for applicants to notify when a neighborhood meeting is scheduled.

Cape Coral Land Development Code § 3.1.6 Fees required.

Section 3.1.6. - Fees required. Each applicant for a permit, approval, or appeal under this Article shall be required to pay any application fee(s) as established by the City Council.

Cape Coral Land Development Code § 3.1.7 Complete applications required.

Section 3.1.7. - Complete applications required. A. Incomplete Applications. No application for a permit, approval, or appeal under this Article shall be accepted or reviewed by staff that does include all required application materials and the required application fee(s). The burden of providing complete and accurate information required by the Community Development Department for each type of application shall be on the applicant. B. Determination of Completeness. 1. When an application for development approval is submitted, the director shall make a threshold determination as to whether the application is complete and in conformance with the land uses, density, and intensity allowed by the future land use designation and zoning district classification. 2. All applications shall be reviewed for completeness within ten days of receipt. If the application does not meet the requirements of this Article, the director shall notify the applicant or agent in writing, stating the additional information required or the modification(s) necessary for conformance. 3. No further action shall be taken on the application unless and until the additional information is submitted and determined to be complete by the director. If the incompleteness has not been remedied within sixty (60) calendar days of receipt of notice thereof, the application shall be automatically voided and the director shall return the application to the applicant. C. Review. When an application for development approval is determined to be complete, the department shall notify the applicant, and commence detailed review and processing of the application in accordance with this Code.

Cape Coral Land Development Code § 3.1.8 Review for sufficiency and code requirements.

Section 3.1.8. - Review for sufficiency and code requirements. Once an application is determined to be complete, the Department shall commence detailed review of the application, consult with other agencies, issue comments to the applicant, consult with the applicant as necessary, and determine whether the application and supporting materials are sufficient to proceed forward, as applicable for the type of application for review. For purposes of this section, "sufficiency" shall constitute an analysis of whether a proposed application: A. Meets the stated objective requirements of the comprehensive plan, this Code, and the City Code of Ordinances; and B. Includes the necessary analysis and information in sufficient detail to enable the decision-making body or official to make the necessary determinations under the comprehensive plan and this Code. C. The sufficiency and code requirements set forth herein shall be used by the City to evaluate the demands created on public services and facilities by a proposed development, as required by this code. The following public services and facilities shall be evaluated: 1. Drainage facilities; 2. Environmentally sensitive lands; 3. Fire protection; 4. Parks and open space; 5. Police protection; 6. Potable water; 7. Wastewater; 8. Solid waste; 9. Storm water; and 10. Transportation facilities. A traffic impact study is required for any development anticipated to generate more than 300 p.m. peak hour average daily trips. D. If an application is determined to be insufficient, the director shall notify the applicant or agent in writing, stating the additional information required or the modification(s) necessary for conformance. E. No further action shall be taken on an application determined to be insufficient unless and until the insufficiency(ies) are resolved, as determined by the director. If the insufficiencies have not been remedied within sixty (60) calendar days, the director may void the application.

Cape Coral Land Development Code § 3.1.9 Decision-making.

Section 3.1.9. - Decision-making. A. Administrative approvals. Upon determining that an application and all supporting information are sufficient to render a decision, the Director shall take administrative action required by this code and approve the application, approve the application with conditions, or deny the application. B. Quasi-judicial and legislative approvals. Upon determining that an application and all supporting information are sufficient to render a decision and any inadequacies have been resolved, the Director shall prepare a report and recommendation to the appropriate decision-making or recommending body.

Cape Coral Land Development Code § 3.1.10 Public hearing scheduling and notice requirements.

Section 3.1.10. - Public hearing scheduling and notice requirements. A. Scheduling for consideration. When an application is deemed sufficient pursuant to LDC Section 3.1.8, the Director shall schedule a public hearing for an appropriate date. No application shall be scheduled for consideration by the Hearing Examiner, Commission, or City Council until either: 1. All specified insufficiencies have been resolved; or 2. The applicant has elected in writing to proceed notwithstanding the unresolved insufficiencies. B. Required notice of public hearings. Notice of public hearings shall be provided by publication of an advertisement in a newspaper of general circulation, mailed notice to surrounding property owners, and posting of the development site pursuant to the requirements of this section. Table 3.1.2 depicts the public hearing notice requirements for quasi-judicial and legislative applications under this Code: C. Website posting. Notices of public hearings for development applications shall be posted on the City of Cape Coral website but failure to post a case on the City website shall not constitute a violation of City noticing requirements. In addition, information about public notice and public hearings may be posted by the City on social media outlets. D. Publication. Publication of advertisements for public hearings concerning comprehensive plan amendments shall meet the requirements of F.S. Ch. 163. Publications for public hearings concerning zoning amendments shall meet the requirements of F.S. Ch. 166. E. Posting. The application site shall be posted with a notice of the public hearing on a sign provided by the Community Development Department at least ten (10) calendar days in advance of any public hearing. The number and placement of public notice signs should be determined by the Department. The signs shall be removed by the City after a final decision. The failure to remove posted notice after a final decision shall not be deemed a failure to comply with this requirement or be grounds to challenge the validity of any final decision on the application(s). F. Mailed notice. Notice of a public hearing on a proposed development application(s) shall be mailed to all owners of real property within five hundred (500) feet of the periphery of the site in question, whose names and addresses are known by reference to the latest published ad valorem tax records of the Lee County Property Appraiser. 1. Individually owned multi-family units. When real property consists of individually owned multi-family units, notice shall be given to the homeowner's association, if applicable, all individual unit owners, and all real property owners within five hundred (500) feet. If any area adjacent to the development site is owned by the applicant or any partner listed on the application, the five hundred (500) foot notification boundary shall be extended from these parcels. All property owner associations in the notice area shall be notified. 2. Notice to other jurisdictions. If there are unincorporated lands within 500 feet of the property, Lee County shall also be notified. 3. Applicant responsibility for notice. When the notice radius specified in this section includes property outside of the City limits, the applicant is responsible for obtaining the list of property owners to be notified from the Lee or Charlotte County Property Appraisers and providing this list to the department in sufficient time to comply with noticing requirements. The applicant is responsible for any errors or omissions in the list provided. 4. Content. Generally, all public hearing notices shall contain the following information: a. The scheduled date, time, and location of the hearing; b. A general description of the nature of the matter to be addressed, written in layman's terms; c. The address of the property; d. That persons may appear and be heard; e. That written comments filed with the department will be entered into the record; f. That the hearing may be continued from time to time as necessary; g. A telephone number and contact for more information; h. The case number or title of the ordinance under consideration, if applicable; and i. Such additional information as may be required pursuant to this code or applicable law for specific types of development approval. 5. Timing of mailed notice. Notice shall be mailed a minimum ten (10) calendar days prior to the date set for the public hearing by first class mail. A copy of the notice shall be available for public inspection during regular business hours at the Community Development Department. If the application includes a simultaneous future land use map amendment and a rezone, the notice for the rezone may be included in the notice required for the land use amendment. G. Electronic Notice. The Community Development Department may, as a courtesy, send electronic notice to any persons or organizations in the City, or to any governmental, public, or quasi-public organization regarding any matter that may affect the interests of that person or organization, or on any matter on which any such person or organization has requested notice. The failure of the Department to send such notice or the failure of any resident or property owner to receive such courtesy notice shall not affect the validity of the public notice requirements. H. Exceptions to Mailing and Posting. The mailing and posting notice requirements shall not apply to a land use map amendment initiated by the Council, in response to a judicial order or compliance agreement as described by F.S. § 163.3184(6) and (7). I. Continued or Rescheduled Meetings. Notice of subsequent hearings shall be mailed and published in accordance with this section for: 1. Any hearing for which the Hearing Examiner, Community Development Director, or City Attorney determines new notice should be provided, because of the time elapsed from the original notice, to correct any defect, or apprise affected parties of significant changes to the application as originally noticed; 2. Any hearing continued to an unspecified date, time, and place; or 3. Any hearing where such new notice is required pursuant to applicable law or this Code.

Cape Coral Land Development Code § 3.1.11 Public hearing procedures.

Section 3.1.11 - Public hearing procedures. A. General. All public hearings shall be open to the public. Members of the public shall be permitted to testify at all public hearings. A copy of the hearing procedures shall be made available at the hearing. The applicant may withdraw an application by requesting such withdrawal in writing prior to the commencement of the hearing. B. Record of hearings. The City Clerk shall attend all hearings, and the City shall record (audio, video, or both) all hearings. The City shall retain the original recording(s) in accordance with the laws of the State of Florida, and, if requested, provide a duplicate of the recording(s). C. Official file. All written communication received by the decision-making body, the Hearing Examiner, or staff concerning an application, the staff report on the application, any petitions or other submissions from the public, and all other documents pertaining to the application shall be filed in the official file for the application, which shall be maintained by staff. The Comprehensive Plan, the City Code of Ordinances, and the Land Development Code shall be deemed to be part of the official file. The official file shall be available for inspection during normal business hours. D. Order of public hearings. The hearing shall, to the extent possible, be conducted as follows: 1. The Clerk shall read into the record the ordinance or resolution title and number, or the applicant's name, file number, and the subject matter to be decided if there is no ordinance or resolution. 2. For quasi-judicial hearings, the applicant, staff, and all participants requesting to speak or present evidence or both at the hearing shall be collectively sworn by an oath or affirmation by the Clerk. 3. The applicant may waive the applicant's right to an evidentiary hearing if applicant agrees with the staff recommendation and no one from the audience wishes to speak for or against the application. The decision-making body may then vote on the item or the Hearing Examiner shall rule on the matter or make a recommendation, based upon the staff report and any other materials contained within the official file. Regardless of a waiver by the applicant, a public hearing shall be held for all decisions requiring an ordinance or resolution. 4. If there is an evidentiary hearing, the order of the presentation shall be as follows, unless the Hearing Examiner or Mayor determines to proceed in a different order, taking proper consideration of fairness and due process: a. The applicant shall make the applicant's presentation, including offering any documentary evidence, and introduce any witnesses as applicant desires. The applicant shall present the applicant's entire case in 30 minutes. b. Staff shall have the responsibility of presenting the case on behalf of the city. The staff report on the application shall be made available by staff to the applicant and the decision-making body or the Hearing Examiner no later than five business days prior to the quasi-judicial hearing on the application. Staff shall present a brief synopsis of the application; introduce any appropriate additional exhibits from the official file that have not already been transmitted to the Hearing Examiner or City Council with the agenda materials, summarize issues; and make a recommendation on the application. Staff shall also introduce any witnesses that it wishes to provide testimony at the hearing. Staff shall present its entire case in 30 minutes. c. Public comment. Participants in opposition to or support of the application shall make their presentation in any order as determined by the Chair, Hearing Examiner, or Mayor. Each participant shall present their argument in five minutes. d. For hearings on quasi-judicial matters only, the applicant may cross-examine any witness and respond to any testimony presented. e. For hearings on quasi-judicial matters only, staff may cross-examine any witness and respond to any testimony presented. f. The Chair, Hearing Examiner, or Mayor may choose to allow participants to respond to any testimony if the Chair, Hearing Examiner, or Mayor deems the response to be necessary to ensure fairness and due process. g. Members of the Planning and Zoning Commission, Hearing Examiner, or City Council may ask any questions of the staff, applicant, and participants. h. Final argument may be made by the applicant, related solely to the evidence in the record. i. Final argument may be made by the staff, related solely to the evidence in the record. j. For good cause shown, the Planning and Zoning Commission, Hearing Examiner, or City Council may grant additional time to any of the above time limitations. k. The Chair, Hearing Examiner, or Mayor shall keep order, and without requiring an objection, may direct a party conducting the direct examination or the cross-examination to stop a particular line of questioning that, in the sole judgment of the Chair, Hearing Examiner, or Mayor merely harasses, intimidates, or embarrasses the individual testifying or being cross-examined; is unduly repetitious or is not relevant; or is beyond the scope of the application or, in the case of cross-examination, is beyond the scope of the testimony by the individual being cross-examined. If the party conducting the direct examination or cross-examination continues to violate directions from the Chair, Hearing Examiner, or Mayor to end a line of questioning deemed improper as set forth herein, the Chair, Hearing Examiner, or Mayor may terminate the direct examination or the cross-examination. l. The Planning and Zoning Commission, Hearing Examiner, or City Council may, on its own motion or at the request of any person, continue the hearing to a fixed date, time, and place. The applicant shall have the right to one continuance; however, all subsequent continuances shall be granted at the sole discretion of the Commission, Hearing Examiner, or City Council. E. Decisions. For all quasi-judicial hearings in which a decision is made regarding an application for any development permit, the decision to approve or deny shall be based on whether the application meets all applicable requirements of the Comprehensive Plan, the City Code of Ordinances, and the Land Development Code, based on the entirety of the record before the Hearing Examiner or City Council. The Hearing Examiner or Council decisions must be based upon competent substantial evidence in the record. F. Rules of Evidence for quasi-judicial hearings. 1. The decision-making body or the Hearing Examiner shall not be bound by the strict rules of evidence and shall not be limited only to consideration of evidence which would be admissible in a court of law. The decision-making body or the Hearing Examiner shall have the ability, but not the duty, to conduct site visits in their sole discretion and to consider any evidence so adduced in their deliberations. 2. The Chair or Hearing Examiner may exclude evidence or testimony that is not relevant, material, or competent or testimony which is unduly repetitious or defamatory. 3. The Chair, with the advice of the City Attorney, will determine the relevancy of evidence. In matters decided by the Hearing Examiner, the Hearing Examiner, without the advice of the City Attorney, will determine the relevancy of evidence. 4. Matters relating to an application's consistency with the Comprehensive Plan, the City Code of Ordinances, or the Land Development Code will be presumed to be relevant and material. 5. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient by itself to support a finding unless it would be admissible over objection in court. 6. Documentary evidence may be presented in the form of a copy of the original, if available. A copy shall be made available to the decision-making body or the Hearing Examiner and to the staff no later than three business days prior to the hearing on the application. Upon request, the applicant and staff shall be given an opportunity to compare the copy with the original. Oversized exhibits shall be copied and reduced for convenient record storage. 7. Only the applicant, an authorized representative of the applicant, staff, and the decision-making body or the Hearing Examiner shall be entitled to conduct cross-examination when testimony is given or documents are made part of the record. 8. The City Attorney shall represent the decision-making body and advise it as to procedures to be followed. 9. The Planning and Zoning Commission, Hearing Examiner, or City Council shall take judicial notice of all state and local laws, ordinances, and regulations and may take judicial notice of such other matters as are generally recognized by the courts of the State of Florida. 10. Supplementing the record after the quasi-judicial hearing is prohibited, unless specifically authorized by an affirmative vote of the decision-making body, or authorized by the Hearing Examiner, under the following conditions: a. The supplementation occurs after a quasi-judicial hearing is continued but prior to final action being taken on the application or appeal. b. If a question is raised by the Planning and Zoning Commission, Hearing Examiner, or City Council at the hearing which cannot be answered at the hearing, the party to whom the question is directed will submit the requested information in writing to the City Clerk and the decision-making body or Hearing Examiner after the quasi-judicial hearing, with copies to the other parties, provided the hearing has been continued or another hearing has been scheduled for a future date and no final action has been taken by the decision-making body or Hearing Examiner. The information requested will be presented to the decision-making body or the Hearing Examiner at least two business days prior to the time of the continued hearing. c. All parties and participants shall have the same right with respect to the additional information as they had for evidence presented at the hearing. G. Final decision. The City Council or the Hearing Examiner shall reach a written decision without unreasonable or unnecessary delay. The Hearing Examiner shall provide a copy of the decision to the City Clerk for transmission to the applicant, if the applicant is not the City, to the Director of the Department of Community Development, and the City Attorney. H. The Record. All evidence admitted into the record at the hearing, the official file, and the adopted development order, ordinance, or resolution of the City Council or the written decision of the Hearing Examiner shall be maintained by the City Clerk or the Department of Community Development. I. Adjournment. The Chairperson, upon a vote of the majority present, or Hearing Examiner, as applicable, may adjourn a hearing to a date certain without the necessity of additional notice. Adjournment to an uncertain date shall require notice as required for the original hearing and by the Land Development Code. J. Deferrals. If a hearing is concluded, but action is deferred until a future date, formal notice shall not be required prior to action being taken. K. Joint hearings. Where deemed necessary, joint hearings may be conducted after proper public notice. In such instances, public notice need only be given by one public body, which shall be the City Council in instances where it is one of the hearing bodies. L. Regularly scheduled public hearing dates. The Hearing Examiner or the City Council may establish regular dates for public hearings on zoning amendments. Such dates, if established by the Hearing Examiner, or the City Council, shall not prevent the Hearing Examiner or City Council from scheduling additional public hearings whenever such public hearings are deemed necessary. M. Reading of ordinances. Except for ordinances initiated by the City Council which rezone a parcel or parcels of land involving ten or more contiguous acres, or change permitted, special exception, or prohibited use categories in zoning districts, all ordinances shall be read, either by title or in full, on two separate days at a duly noticed public hearing of the City Council. N. The printed agenda for the meeting at which the quasi-judicial hearing is scheduled to take place shall identify the hearing as quasi-judicial and indicate where copies of the procedures that apply may be obtained.

Cape Coral Land Development Code § 3.1.12 Decisions under this article.

Section 3.1.12. - Decisions under this article. A. When this Article authorizes the Community Development Director, Hearing Examiner, or City Council to make decisions under this Chapter, that decision shall be made pursuant to the specific criteria applicable to the application in Chapter 2 (Specific Review Procedures). If Chapter 2 does not include specific criteria for that type of decision, the Community Development Director or Department, Hearing Examiner, Commission, or Council shall make the decision based on whether the application complies with this Article and any regulations authorized by this Code, and will protect the public health, safety, and welfare. B. Unless otherwise indicated in a specific provision of this Article, the Community Development Director, Hearing Examiner, or City Council may approve the application, deny the application, or approve the application subject to conditions as stated in Section 3.1.13, below. C. Unless otherwise stated in this Article, or unless a different condition is attached to a permit or approval, permits and approvals granted under this Article are not affected by changes in ownership or tenancy of the property.

Cape Coral Land Development Code § 3.1.13 Conditions on approvals.

Section 3.1.13. - Conditions on approvals. A. The Community Development Director, Hearing Examiner, or City Council may attach conditions to any quasi-judicial permit or approval under this Chapter, provided the condition is required to bring the development proposed in the application into compliance with the requirements of the Comprehensive Plan or the LDC. B. The Community Development Director, Hearing Examiner, or City Council may also attach conditions to any quasi-judicial development permit or approval under this Code, provided the condition is necessary to minimize or ameliorate potential adverse impacts of the development proposal. Such conditions shall be reasonably related to the actual or potential impact(s) of the specific use, activity, or structure in question.

Cape Coral Land Development Code § 3.1.14 Review by department directors; administrative appeals; and appeals.

Section 3.1.14. - Review by department directors; administrative appeals; and appeals. A. Review by Department Directors. 1. Development Services Director review. Applicants for administrative permits and approvals may request a formal review by the Development Services Director of decisions made by Development Services Department staff within 30 calendar days of the date the administrative decision was made. The request for review shall be accompanied by any relevant documents related to the review as determined by the Development Services Director. Staff involved in the decision shall review the relevant standards and present a written finding to the Development Services Director. The request for review shall be considered by the Development Services Director within ten business days of submittal of a complete request. The Development Services Director may consult with the City Attorney's office on the matter. The Development Services Director shall provide a written determination to reverse or affirm the staff decision, wholly or partially, modify the staff decision, with or without conditions, or respond to the applicant or staff requesting further information, documentation, or proceedings. The written determination by the Director shall be the final administrative decision. 2. Public Works Director review. Applicants for administrative permits and approvals may request a formal review by the Public Works Director of decisions made by Public Works Department staff within 30 calendar days of the date the administrative decision was made. The request for review shall be accompanied by any relevant documents related to the review as determined by the Public Works Director. Staff involved in the decision shall review the relevant standards and present a written finding to the Public Works Director. The request for review shall be considered by the Public Works Director within ten business days of submittal of a complete request. The Public Works Director may consult with the City Attorney's office on the matter. The Public Works Director shall provide a written determination to reverse or affirm the staff decision, wholly or partially, modify the staff decision, with or without conditions, or respond to the applicant or staff requesting further information, documentation, or proceedings. The written determination by the Director shall be the final administrative decision. B. Administrative Appeals. Appeals of Department Director decisions. An applicant desiring to appeal a decision of a Department Director for a decision based upon the Land Development Code, shall, within ten business days from the date of such decision, file a written Notice of Appeal with the Development Services Department. The appeal shall then be heard by the City Special Magistrate, following sufficient time to review the appeal and provide the required public notice. A staff or Department Director's recommendation is not a decision and is not appealable. C. Appeals from decisions of the Hearing Examiner on Quasi-judicial matters. Any aggrieved party by a decision of the Hearing Examiner on a quasi-judicial matter may file an appeal to the City Special Magistrate within 30 calendar days by filing a written Notice of Appeal with the City Clerk. All such appeals shall be based on the record. D. Appeals from Quasi-judicial decisions of the City Council. An action to review any decision of the City Council under these regulations may be taken by any person or persons aggrieved by such decision by presenting to the Circuit Court a petition for issuance of a Writ of Certiorari. E. Stay of proceedings. An appeal shall stay all proceedings in the matter appealed from until the final disposition of the appeal by the City Special Magistrate . The pendency of an appeal shall toll all time periods applicable to the decision which is subject to appeal until final disposition of the appeal by the City Council with regard to the appeal. F. Record. The record to be considered in the appeal shall include any application, exhibits, appeal papers, written objections, waivers, or consents considered by staff, a Department Director, the Hearing Examiner, or City Special Magistrate , as well as transcripts and recordings taken at a public hearing, the Hearing Examiner or City Council minutes, and resolutions or ordinances showing the decision or action being appealed. The City Clerk shall identify all exhibits used at the hearing. All exhibits so identified or introduced shall be a part of the City record. (Ord. 7-22, § 3, 2-2-2022; Ord. 31-25, § 2, 6-4-2025)

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_CH1DEREPRFetched: 11/4/2026