Review by department directors; administrative appeals; and appeals.

Cape Coral Land Development Code § 3.1.14

in effect

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_CH1DEREPR_S3.1.14REDEDIADAPAPFetched: 11/4/2026