CAPE CORAL, FLORIDA
Instruction Sheet
2016 S-34 Supplement
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CHAPTER 2: ADMINISTRATION
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CHAPTER 22: STORMWATER MANAGEMENT UTILITY
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CITY OF CAPE CORAL, FLORIDA
CODE OF ORDINANCES
2016 S-34 Supplement contains:
Local legislation current through Ordinances passed 2-8-2016
Published by:
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Boards and Commissions
designated as Code Enforcement Officers may
include, but are riot limited to, code inspectors, law
enforcement officers, animal control officers or fire
safety inspectors. Designation as a Code
Enforcement Officer does not provide the Code
Enforcement Officer with the power of arrest or
subject the Code Enforcement Officer to the
provisions of F.S. §§ 943.085 through 943.255.
Nothing in this section amends, alters or
contravenes the provisions of any state
administered retirement system or any state
supported retirement system established by
general law.
(Ord. 69-89, 10-16-1989; Ord. 80-92, 12-14-1992)
(b) ( 1) A Code Enforcement Officer is
authorized to issue a citation to a person when,
based upon personal investigation, the officer has
reasonable cause to believe that the person has
committed a civil infraction in violation of a duly
enacted code or ordinance and that the county
court will hear the charge.
, (Ord. 69-89, 10-16-1989)
(2) Prior to issuing a citation, a Code
Enforcement Officer shall provide notice to the
person that the person has committed a violation
of a code or ordinance and shall establish a
reasonable time period within which the person
must correct the violation. That time period shall
be no more than 30 days. If, upon ·personal
investigation, a Code Enforcement Officer finds
that the person has not corrected the violation
within the time period, a Code Enforcement
Officer may issue a citation to the person who bas
committed the violation. A Code Enforcement
Officer does not have to provide the person with a
reasonable time period to correct the violation
prior to issuing a citation and may immediately
issue a citation if a repeat violation is found or if
the Code Enforcement Officer has reason to
believe that the violation presents a serious threat
to the public health, safety or welfare, or if the
·
violation is irreparable or irreversible.
(Ord. 69-89, 10-16-1989; Ord. 44-94, 8-22-1994)
(3) A citation issued by a Code
Enforcement Officer shall contain:
a.
The date and time of issuance;
b.
The name and address of the
person to whom the citation is issued;
§ 2-94
c.
The date and time the civil
infraction was committed;
d.
The
facts
constituting
reasonable cause;
e.
The number or section of the
code or ordinance violated;
f.
The name and authority of the
Code Enforcement Officer;
g.
The procedure forthe person to
follow in order to pay the civil penalty or to contest
the citation;
h.
The applicable civil penalty if the
person elects to contest the citation;
i.
The applicable civil penalty if the
person elects not to contest the citation; and
(Ord. 7-97, 2-24-1997)
j.
A conspicuous statement that if
the person fails to pay the civil penalty within the
time allowed, or fails to appear in court to contest
the citation, he or she shall be deemed to have
waived his or her right to contest the citation and
that, in that case, judgment may be entered
against the person for an amount up to the
maximum civil penalty.
(Ord. 80-92, 12-14-1992)
(c) After issuing a citation to an alleged
violator, a Code Enforcement Officer shall deposit
the original citation and one copy of the citation
with the county court.
(Ord. 69-89, 10-16-1989)
(d) Any person who willfully refuses to sign
and accept a citation issued by a Code
Enforcement Officer shall be guilty of a
misdemeanor of the second degree, punishable
as provided in F.S. §§ 775.082 or 775.083.
(Ord. 69-89, 10-16-1989)
(e) The provisions of this section shall not
apply to the enforcement pursuant to F.S.
§§ 553. 79 and 553.80 of building codes adopted
pursuant to F.S. § 553.73 as they apply to
construction, provided that a building permit is
either not required or has been issued by the
municipality. For the purposes of this subsection,
BUILDING CODES means only those codes
adopted pursuant to F.S. § 553.73.
(Ord. 69-89, 10-16-1989)
(f) The provisions of this section are
additional and supplemental means of enforcing
§ 2-94
Cape Coral - Administration
municipal codes or ordinances and may be used
for the enforcement of any code or ordinance, or
for the enforcement of all codes and ordinances.
Nothing contained in this section shall prohibit the
city from enforcing its codes or ordinances by any
other means.
(g) If the owner of property which is subject
to an enforcement proceeding before a court
transfers ownership of the property between the
time the initial pleading was served and the time of
the hearing, the owner shall:
(Ord. 71-99, § 2, 1-18-2000)
(1) Disclose, in writing, the existence
and the nature of the proceeding to the
prospective transferee;
(Ord. 71-99, § 2, 1-18-2000)
(2) Deliver to the prospective transferee
a copy of the pleadings, notices and other
materials relating to the code enforcement
proceeding received by the transferor;
(Ord. 71-99, § 2, 1-18-2000)
(3) Disclose, in Writing, to the
prospective transferee that the new owner will be
responsible for compliance with the applicable
code and with orders issued in the code
enforcement proceeding; and
(Ord. 71-99, § 2, 1-18-2000)
(4) File a notice with the Code
Enforcement Officer of the transfer of the
property, with the identity and address of the new
owner and copies of the disclosures made to the
new owner, within five days after the date of the
transfer.
(Ord. 71-99, § 2, 1-18-2000)
(h) A failure to make the disclosures
described in subs~ctions (g)(1), (2) and (3) before
the transfer creates a rebuttable presumption of
fraud. If the property is transferred before the
hearing, the proceeding shall not be dismissed,
but the new owner shall be provided a reasonable
period of time to correct the violation before the
hearing is held.
(Ord. 71-99, 1-18-2000; Ord. 69-89, 10-16-1989)
(Ord. 55-07, 4-30-2007)
§ 2-95 Code or ordinance violation; civil
infraction.
Any violation of the city code or ordinances,
except as otherwise provided in § 2-94 above or
2016 S-34
96
otherwise provided by a city ordinance, shall
constitute a civil infraction with a civil penalty as
set forth in the city code, and any person who has
committed a civil infraction that does not contest
the citation shall only be required to pay a fine of
$40 unless the civil infraction has a maximum
penalty of $500, and in that case, shall pay a
penalty of $75.
(Ord. 69-89, 10-16-1989; Ord. 80-92, 12-14-1992)
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§ 2-96 Contested citation before the county
court; procedure.
In all citations that are contested before the
county court by an alleged violator, the Code
Enforcement Officer that issued the citation shall
testify and deliver documents to the court which
show the Code Enforcement Officer's investigation
that caused him or her to believe that the person
had committed a civil infraction in violation of a
duly enacted city code or ordinance. The City
Attorney of the city is authorized to prosecute
citations before the county court or assist the
Code Enforcement Officer in preparation and the
presentation of evidence to the court in a
contested case.
(Ord. 69-89, 10-:-16-1989)
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§§ 2-97 through 2-116 Reserved.
DIVISION 5. CAPE CORAL
TRANSPORTATION ADVISORY
COMMISSION
§ 2-117 Creation; composition; terms of
members; vacancies.
(a) The City of Cape Coral Transportation
Advisory Commission is hereby created and shall
be composed of five regular members and one
alternate member from the City Council. When
substituting for an absent member the alternate
member may vote and participate in all
discussions of the Advisory Commission in the
same manner and to the same extent as the
regular members of the Advisory Commission.
When not substituting for an absent member, the
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Boards and Commissions
alternate member shall not vote on any matter
before the Advisory Commission, but rnay
participate in all discussions of the Advisory
Commission in the same manner and to the same
extent as the regular members of the Advisory
Commission.
(b) Membership shall be for a one year term
and all members shall be eligible for
reappointment.
(c) All members shall be appointed by
Council at the first regular meeting in November
after the election of Council members to the City
Council.
(Ord. 128-00, 1-16-2001; Ord. 2-09, 2-23-2009;
Ord. 2-16, 1-25-2016)
Three members of the Advisory Commission
shall constitute a quorum for the transaction of
business.
(Ord. 2-09, 2-23-2009; Ord. 2-16, 1-25-2016)
§ 2-120.2 Responsibilities and duties.·
meeting date. The Advisory Commission shall also
meet at the call of the presiding officer and at
other times as may be determined by a majority of
the advisory commissions, or as requested by the
City Council for special studies.
(Ord. 2-09, 2-23-2009; Ord. 2-16, 1-25-2016)
DIVISION 6. CAPE CORAL CONSTRUCTION
REGULATION BOARD
The Advisory Commission shall elect a
presiding officer from among its members for a
term of one year with eligibility for re-election.
Members of the Advisory Commission shall
receive no salary for their services, but may
receive travel and other expenses while on official
business for the city as are made available by the
City Council for these purposes.
(Ord. 2-09, 2-23-2009; Ord. 2-16, 1-25-2016)
§ 2-119 Meetings.
The Advisory Commissions shall hold at least
six public meetings per year, unless there is not
business to transact by the day before the regular
§ 2-120 Procedural rules and regulations.
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§ 2-120.1 Quorum.
(a) The
Advisory
Commission's
responsibilities and duties shall include working
with the city administration to establish a five year
major road improvement program and make
annual recommendations to City Council for road
improvements including blacktopping, curbing,
storm water drainage, road widening, sidewalks
and major resurfacing. The Advisory Commission
shall review and update the five year road
improvement plan annually.
Advisory
Commission's
(b) The
responsibilities shall also include reviewing and
recommending facilities needs for bicyclists and
pedestrians and recommending plans of action for
educating bicyclists, pedestrians and motorists.
The advisory commission shall review and update
the comprehensive bicycle plan, the
comprehensive pedestrian plan and the five year
project priority list for the development of the
bikeway/walkway system.
(Ord. 128-00, 1-16-2001)
(c) The Advisory Commission shall have
other responsibilities and duties as are assigned
by majority vote of the City Council.
(Ord. 13-86, 3-20-1986; Ord. 2-09, 2-23-2009;
Ord. 2-16, 1-25-2016)
§ 2-118 Presiding officer; compensation.
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§ 2-120.3
The Advisory Commission may adopt its own
procedural rules and regulations as may be
deemed necessary, providing the rules shall not
be contrary to the spirit and intent of this and of
the laws of the city. All meetings and records shall
be filed in the appropriate offices of the city and
shall be public records.
(Ord. 2-09, 2-23-2009; Ord. 2-16, 1-25-2016)
2016 S-34
§ 2-120.3 Creation and purpose.
To carry out the provisions and intent of
Chapter 6 of this code, there is hereby created a
Cape Coral Construction Regulation Board.
(Ord. 20-87, 4-13-1987; Ord. 70-13, 12-16-2013)
§ 2-120.4
Cape Coral - Administration
§ 2-120.4 Board composition and
appointments.
(a) The Board shall consist of 12 active
members, all of whom shall be residents of the city
or have their principal place of business within the
city.
(Ord. 32-99, 7-26-1999; Ord. 70-13, 12-16-2013)
(b) Membership shall be only after
qualification as provided herein and appointment
. by a majority vote of City Council who shall by
letter notify the member of the appointment or
reappointment and effective date thereof.
(c) The Board's composition shall, whenever
possible, include the following:
(1) Two licensed contractors possessing
a valid "B" certificate or higher;
(2) One licensed architect or licensed
engineer;
(3) One licensed master electrical
contractor;
(4) One licensed master plumbing
contractor;
(5) One licensed pool contractor with "B"
license or higher;
(6) One mechanical contractor or class
"A" air conditioning contractor;
(7) One roofing contractor;
(8) One member who is any of the
above classifications; and
(9) Three consumer representatives.
(Ord. 32-99, 7-26-1999)
(d) The consumer representative may be any
resident of Cape Coral who is not, and has never
been, a member or practitioner of a profession
regulated by the board or a member of any closely
related profession.
(e) Upon the adoption of Ordinance 70-13,
the Contractors' Regulatory Board shall cease to
exist. All members of the Contractors' Regulatory
Board shall automatically become members of the
Cape Coral Construction Regulation Board with
the same terms and expiration dates of their
respective terms when appointed to the
Contractors' Regulatory Board.
(Ord. 32-99, 7-26-1999; Ord. 20-87, 4-13-1987;
Ord. 32-99, 7-26-1999; Ord. 70-13, 12-16-2013)
98
§ 2-120.5 Terms of office, forfeiture of
appointment and filling of vacancies.
(a) All appointments to the Board shall be
made for a term of two years.
(b) Board members shall forfeit their
appointment as provided in § 2-58 above or as
otherwise provided herein except that members
may be excused from attending meetings with
prior approval of the Chairperson or by the
majority vote of the Board .
(c) Any vacancy on the Board shall be filled
for the unexpired portion of the term in the same
manner as the original appointment.
(Ord, 20-87, 4-13-1987; Ord. 70-13, 12-16-2013)
§ 2-120.6 Organization, Board Attorney,
administration and compensation.
(a) The Board shall elect from its members
a Chairperson and a Vice Chairperson who shall
then serve in that capacity for one year.
(b) The City Council shall provide an attorney
as legal counsel to the Board.
(c) In addition to the city provided attorney
the Board may have its own attorney selected by
the Board, but paid for by the city.
(d) The City Clerk shall provide clerical and
administrative personnel as may reasonably be
required by the Board for the proper performance
of its duties.
(e) Members
shall
serve
without
compensation, but may be reimbursed for the
travel, mileage and per diem' expenses as may be
authorized by the City Council.
(f) The
Department
of
Community
Development shall take applications for contractor
licenses, send out renewal notices, and assist the
Board in carrying out its functions. The
Department of Community Development shall
have the authority to create forms approved by the
Board including but not limited to application
forms, insurance proof renewals, etc.
(Ord. 20-87, 4-13-1987; Ord. 70-13, 12-16-2013)
§ 2-120. 7 Meetings, records and quorum.
(a) The Board shall regularly convene at
least once every two months, but may convene
2013 S-25
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CHAPTER 22: STORMWATER MANAGEMENT UTILITY
Section
22-1.
22-2.
22-3.
22-4.
22-5.
22-6.
22-7.
22-8.
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22-9.
22-10.
22-11.
22-12.
§ 22..3 Definitions.
Authority.
Findings and determinations.
Definitions.
Stormwater assessments.
Calculation of stormwater user fees.
Billing and collection of stormwater
user fees.
Eligibility for exemptions, adjustments
or corrections.
Adjustment of stormwater user fees,
correction of stormwater user fees
and exemption procedures; hearings
and appeals; retroactive corrections,
adjustments or exemptions; due
notice; inspection.
Program responsibility.
Stormwater management trust funds.
Liens for delinquent stormwater
charges.
Use of master stormwater systems.
For the purpose of this chapter, the following
definitions shall apply; words used in the singular
shall include the, plural, and the plural, the
singular; words used in the present tense shall
include the future tense. The word "shall" is
mandatory and not discretionary. The word "may"
is permissive. Words not defined herein shall be
construed to have the meaning given by common
and ordinary use, as defined in the latest edition of
Webster's Dictionary.
ANNUAL STORMWATER COMPONENT.
The amount computed for each parcel pursuant to
§ 22-5(f)(1) hereof.
CITY. The City of Cape Coral.
CLERK. The City Clerk of the Council or such
other person as may be duly authorized to act on
the person's behalf.
COLLECTION COST. The estimated cost to
be incurred by the city· during any fiscal year in
connection with the collection of stormwater user
fees.
(Ord. 42-04, 4-19-2004)
COLLECTION COST COMPONENT. The
amount computed for each parcel, pursuant to
§ 22-5(f)(2) hereof.
COUNCIL. The City Council for the city.
DEVELOPED PROPERTY. Any parcel which
contains impervious area.
DEVELOPMENT PROJECT. A geographical
area which provides and maintains stormwater
facilities/structures in accordance with requirements of the State of Florida and the city and
meets the requirements set forth in either
§ 22-5(e)(1) or (2) hereof in accordance with the
procedures set forth in§ 22-5(e)(4) hereof.
DWELLING UNIT (DU). Any residential space
identified for habitation by members of the same
family or as classified by the city's Building Code.
Multi-unit residential structures or complexes shall
§ 22-1 Authority.
The city is authorized by the Florida
Constitution and the provisions of F.S. Chapter
166 and F.S. § 403.0893 to construct, reconstruct,
improve, maintain and extend its stormwater
systems and to issue revenue bonds or other
authorized sources of financing if needed to
finance, in whole or part, the cost of the
stormwater system and to establish just and
equitable rates, fees and charges for the services
and facilities provided by the stormwater system
and to use the non-ad valorem levy, collection and
enforcement method as provided for in F.S.
Chapter 197.
§ 22-2 Findings and determinations.
0
(Deleted per Ord. 42-04, 4-19-2004)
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2016 S-34
§ 22-3
Cape Coral - Stormwater Management Utility
be deemed to consist of multiple single-family
residential units regardless of whether or not such
are served by a single water or sewer connection.
EQUIVALENT DWELLING UNIT (EDU). The
equivalent number of dwelling units represented
by total amount of impervious area of
nonresidential developed property, computed as
follows:
(Impervious Area)
EDU Value
EDU VALUE. The statistical average
impervious area for residential parcels as
established by the city by resolution.
(Ord. 42-04, 4-19-2004)
EQUIVALENT RESIDENTIAL UNIT (ERU).
The standard unit used to express the stormwater
burden expected to be generated by each
property. The ERU is calculated based on the
number of DUs or EDUs and parcel size of each
property. When calculating equivalent residential
units for a particular parcel of property, the final
figure shall be rounded to the nearest tenth of an
ERU.
. ERU RATE. A rate per year established by
the city by resolution, and modified from time to
time by subsequent resolution.
FISCAL YEAR. The period commencing on
October 1 of each year and continuing through the
next succeeding September 30, or such other
period as may be prescribed by law as the fiscal
year for the city.
GOVERNMENT PROPERTY. Property owned
by the United States of America or any agency
thereof, the State of Florida or any agency thereof,
a county, a special district or a municipal
corporation.
HIGH DENSITY MULTl-FAMIL Y. A
multi-family parcel which is not otherwise
classified as low density multi-family.
IMPERVIOUS AREA or IMPERVIOUS
SURFACE. A horizontal surface which has been
compacted or covered with a layer of material so
that it is highly.resistant to infiltration by water. It
includes, but is not limited to, streets, driveways,
roofs, sidewalks, patios, parking areas, athletic
courts, other impervious surfaces and semiimpervious surfaces such as compacted clay.
2016 S-34
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LOW DENSITY MUL Tl-FAMILY. A parcel on
which a single-story building containing more than
one dwelling unit but less than five dwelling units
per 10,000 square feet has been constructed.
MASTER STORMWATER SYSTEM. A facility
constructed by the City of Cape Coral that
collects, stores and provides water quality
treatment of stormwater runoff. Volume into the
system recovers through evaporation, percolation
into the natural ground and/or discharge into a
receiving system.
MULTl-FAMIL Y PARCEL.
(1) Forfiscalyears including and prior to
2003-2004, a parcel on which a building
containing more than one dwelling unit has been
constructed; and
(2) For fiscal years after 2002-2003, a
parcel that is classified as either low density
multi-family or high density multi-family.
(Ord. 7~03, 1-29-2003)
NONRESIDENTIAL
DEVELOPED
PROPERTY. Any developed property not
otherwise classified as residential developed
property, including transient rentals such as
hotels, motels and recreational vehicle parks as
defined in F.S. Chapter 513, as amended from
time to time.
PARCEL. A tract of land, or one or more lots
or portions of lots which are contiguous and under
single ownership and to which the property
appraiser has assigned a distinct ad valorem
property tax identification number (STRAP
number).
PETITIONER. The property owner, in the
case of the hearing process described in § 22-B(f)
hereof, and the city, in the case of the review
process described in § 22-B(g) hereof.
PRIOR PAYMENT CREDIT. The amount, if
any, attributable to a particular parcel for which the
city has a credit recorded in its accounting records
relating to the prior payment or adjustment of
stormwater user fees imposed pursuant to
Chapter 22.
PROPERTY APPRAISER. The Lee County
Property Appraiser.
RESIDENTIAL DEVELOPED PROPERTY.
Any parcel developed exclusively for residential
purposes including, but not limited to, single-family
parcels and multi-family parcels.
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Stormwater Management Utility
RESOLUTION OF INTENT. The resolution
expressing the Council's intent to collect
stormwater user fees on the ad valorem tax bill
required by the Uniform Assessment Collection
Act.
RESPONDENT. The city, in the case of the
hearing process described in § 22-8(f) hereof, and
the property owner, in the case of the review
process described in § 22-8(g) hereof.
SFWMD. The South Florida Water
Management District or any successor entity
thereto.
SFWMD PERMIT. A general permit and
stormwater discharge certification issued by
SFWMD.
SINGLE-FAMILY PARCEL. A parcel on
which a building containing a single dwelling unit
has been constructed.
SPECIAL MASTER. A person authorized by
the Council to hold hearings and render decisions
concerning corrections, adjustments and
exemptions under this Chapter 22.
STATUTORY DISCOUNT AMOUNT. The
amount computed for each parcel pursuant to
§ 22-5(f)(3) hereof.
STORMWATER. The flow of water which
results from, and which occurs following, a rainfall
event.
STORMWATER USER FEE. A user fee
imposed by the city against property to fund the
stormwater program cost.
STORMWATER USER FEE ROLL. The user
fee roll relating to the stormwater program
approved by City Council.
STORMWATER DIRECTOR. The City
Manager or his or her designees.
STORMWATER IMPROVEMENT. Land,
capital facilities and improvements acquired or
provided to detain, retain, convey or treat
. stormwater that are part of a stormwater system
designed to provide a uniform level of stormwater
management services within the city.
STORMWATER PROGRAM.
(1) Stormwater engineering;
(2) Stormwater planni!lg;
(3) Stormwater improvements to be
acquired or constructed;
(4) Operating and maintaining the city's
stormwater system, including necessary repairs,
2016 S-34
§ 22-3
replacements, improvements, extraordinary
maintenance and extension thereof;
(5) Funding of pollution abatement and
peak flow attenuation devices constructed on
stormwater systems discharging to the surface
water of the city;
(6) Billing and collection of stormwater
user fees, including customer information
services; and
(7) Administrative, legal, engineering
and other consultant services related to the above.
STORMWATER PROGRAM COST. The
estimated amount for any fiscal year of all
expenditures and reasonable reserves that are
properly attributable to the stormwater program
under generally accepted accounting principles,
including, without limiting the generality of the
foregoing, reimbursement to the city for any
moneys advanced for the stormwater program,
payment of stormwater revenue bonds and
interest on any interfund or intrafund loan for such
purpose.
STORMWATER REVENUE BONDS. A series
of bonds. or other evidence of indebtedness
including but not limited to, notes, commercial
paper, capital leases or any other obligations of
the city issued or incurred to finance any portion of
the stormwater program cost and secured, in
whole or in part, by proceeds of the stormwater
user fees.
·
STORMWA TER SYSTEM. The facilities
owned or operated by the city for stormwater
management.
TAX COLLECTOR. The Lee County Tax
Collector.
TAX ROLL. The real property ad valorem tax
assessment roll maintained by the property
appraiserforthe purpose of the levy and collection
of ad valorem taxes.
UNDEVELOPED PROPERTY. Property
which has not been altered by the addition of any
improvement(s) such as building(s), structure(s),
impervious surface(s), which alter the stormwater
drainage flow which existed on the property prior
to the addition of the improvements(s).
UNDISTURBED PARCEL. A parcel which
has not been altered from its natural state by
dredging, filling, removal of trees and vegetation
or other activities which have disturbed or altered
the topography or soils on the property.
§ 22-3
Cape Coral - Stormwater Management Utility
UNIFORM ASSESSMENT COLLECTION
ACT. F.S. §§ 197.3632 and 197.3635 or any
successor statutes authorizing the collection of
non-ad valorem assessments and services
charges on the same bill as ad valorem taxes, and
any applicable regulations promulgated
thereunder.
WATERWAY. A canal, slough, lake or basin,
any or all of which connect to the city drainage
system and which are maintained by the city.
(Ord. 65-15, 1-25-2016)
§ 22-4 Stormwater assessments.
(a) Stormwater user fees. The Council is
hereby authorized to impose stormwater user fees
against property that utilizes the city's stormwater
system.
(b) Annual stormwater resolution. During its
budget adoption process and prior to.September
15 of each year, the Council shall adopt an annual
stormwater resolution for each fiscal year. If the
proposed stormwater user fee for any parcel
exceeds the maximum amount established in the
previous year's annual stormwater resolution or if
a stormwater user fee is imposed against property
not previously subject thereto, the Council shall
provide notice to the owner of the property and
conduct a public hearing prior to adoption of the
annual stormwater resolution. Failure to adopt an
annual stormwater resolution during the budget
adoption process for a fiscal year may be cured at
any time.
(c) Lien of stormwater user fees.
(1) Upon adoption of the annual
stormwater user fee resolution for each fiscal
year, stormwater user fees to be collected under
the Uniform Assessment Collection Act shall
constitute a lien againstthe property equal in rank
and dignity with the liens of all state, county,
district or municipal taxes and other non-ad
valorem assessments. Except as otherwise
provided by law, the lien shall be superior in
dignity to all other prior liens, titles and claims,
until paid. The lien shall be deemed perfected
upon adoption by the Council of the annual
stormwater resolution and shall attach to the
property included on the stormwater roll as of the
prior January 1, the lien date for ad valorem taxes.
2016 S-34
(2) Stormwater user fees to be collected
under the alternative method of collection provided
in § 22-6(b) hereof shall constitute a lien against
the property equal in rank and dignity with the
liens of all state, county, district or municipal taxes
and other non-ad valorem assessments. Except
as otherwise provided by law, the llen shall be
superior in dignity to all other prior liens, titles and
claims, until paid. The lien shall be deemed
perfected on the date notice thereof is recorded in
the official records of Lee County, Florida.
(d) Procedural irregularities. Any irregularity
in the proceedings in connection with the levy of
any stormwater user fee under the provisions of
this Chapter 22 shall not affect the validity of the
same after the approval thereof, and any
stormwater user fee as finally approved shall be
competent and sufficient evidence that the
stormwater user fee was duly levied, that the
stormwater user fee was duly made and adopted,
and that all other proceedings adequate to the
stormwater user fee were duly had, taken and
performed as required by this Chapter 22; and no
variance from the directions hereunder shall ,be
held material unless it be clearly shown that the
party objecting was materially injured thereby.
Notwithstanding the provisions of this section, any
party objecting to a stormwater use fee imposed
pursuant to this Chapter 22 must file an objection
with a court of competent jurisdiction within the
time periods prescribed herein.
(e) Correction of errors and omissions.
(1) No act of error or omission on the
part of the Council, Stormwater Director, Property
Appraiser, Tax Collector, Clerk or their respective
deputies, employees or designees shall operate to
release or discharge any obligation for payment of
any stormwater user fee imposed by the Council
under the provisions of this Chapter 22.
(2) The number of ERUs attributed to a
parcel of property may be corrected at any time in
the manner prescribed in § 22-7 hereof. Any such
correction which reduces a stormwater user fee
shall be considered valid from the date on which
the stormwater user fee was imposed and shall in
no way affect the enforcement of the stormwater
user fee imposed under the provisions of this
0
0
0
19
0
Stormwater Management Utility
but not limited to, an action for damages filed with
the appropriate court in Lee County.
(Ord. 42-04, 4-19-2004)
§ 22-12 Use of master stormwater systems.
0
As an alternative to onsite stormwater
improvements, a property owner may apply to the
city for approval to discharge into a master
stormwater system. The property owner shall pay
an in lieu of user fee to the city to use available
cubic feet of storage applied for by the property
owner in the master stormwater system. The
owner's property must be in the geographic area
of the master stormwater system as established
within the permit issued to the City of Cape Coral
by the South Florida Water Management District
(SFWMD) for a particular master stormwater
system. The city shall deposit the in lieu of user
fee into a stormwater management trust fund to
be used exclusively for payment of the storm water
program cost. Utilizing the data in the study, the
City Council shall, by resolution, establish the in
lieu of user fee. The study shall calculate the cost
of each cubic foot of storage in the master
stormwater system based upon, but is not limited
to, components such as the storage capacity of
the master stormwater system, and the
construction, engineering, administration, and
maintenance cost of the master stormwater
system.
(Ord. 65-15, 1-25-2016)
0
2016 S-34
§ 22-12
Cape Coral - Stormwater Management Utility
20
0
0
0
Code Comparative Table
5
0
CODE USE SECTION
0
DATE
Sec. 2-82.1
121-05
codeenf-dcdempissuecodeviolations
9-6-2005
Sec. 2-82.1
17-06
codeenf-financeempcodeofficers
2-21-2006
Sec. 2-82.1
55-07
codeofficer
4-30-2007
Sec. 2-83
55-07
codes pct magistrate
4-30-2007
Sec. 2-84
55-07
codecounsel
4-30-2007
Sec. 2-85
71-99
codeenf
1-18-1999
Sec. 2-85
7-00
nuisord
2-28-2000
Sec. 2-85
55-07
codeenforcementprocedure
4-30-2007
55-07
codeconducthearing
4-30-2007
Sec. 2-87
55-07
code powers
4-30-2007
Sec. 2-88
71-99
codeenf
1-18-2000
Sec. 2-88
55-07
codeadminfines
4-30-2007
Sec. 2-89
71-99
codeenf
1-18-2000
Sec. 2-89
55-07
code liens
4-30-2007
Sec. 2-90
55-07
codeforeclosure
4-30-2007
Sec. 2-91
55-07
codedurationlien
4-30-2007
Sec. 2-92
55-07
codeappeal
4-30-2007
Sec. 2-94
71-99
codeenf
1-18-2000
Sec. 2-94
55-07
codeenfmuncodeordpen
4-20-2007
Sec. 2-111
43-00
educbd
5-22-2000
Sec. 2-111 - 2-116
128-00
bdchanges
1-16-2001
Sec. 2-117
128-00
bdchanges
1-16-2001
Sec. 2-117 - 2-120.2
2-09
bdchanges
2-23-2009
Sec. 2-117 - 2-120.2
2-16
bdchanges
1-25-2016
Sec. 2-120.2
128-00
bdchanges
1-16-2001
Sec. 2-120(.3 thru .11)
70-13
bdchanges
12-16-2013
Sec. 2-120.7
66-05
contrlicbrdquorumreduction
4-18-2005
Sec. 2-120.10
107-03
powersbrd-licensin=cityclerk
10-27-2003
Sec. 2-120.10
169-06
occlic-localbustax
12-11-2006
Sec. 2-120.10.5
107-03
criteria-appl-rev-licensing
10-27-2003
Sec. 2-120.10.5
169-06
occlic-localbustax
12-11-2006
Sec. 2-120(.12 thru .24)
34-00
historic
5-8-2000
Sec. 2-120(.12 thn,1 .16)
128-00
bdchanges
1-16-2001
Sec. 2-86
0
FILENAME
ORDINANCE#
2016 S-34
'
6
Cape Coral - Parallel References
CODE USE SECTION
FILENAME
ORDINANCE#
DATE
Sec. 2-120.18
128-00
bdchanges
1-16-2001
Sec. 2-120.19
128-00
bdchanges
1-16-2001
Sec. 2-120.25 - 29
70-01
golfadvisory
9-24-2001
Sec. 2-120.26
2-14
golfadvisory/pwrsdutiesfees
2-24-2014
Sec. 2-120.27
156-05
golfadvisoryexofficio
11-14-2005
Sec. 2-120.27
9-12
golfadvisoryexofficio
4-9-2012
Sec. 2-120.30
122-03
Cit-adv-comm-minority
12-8-2003
.Sec. 2-120.30 - 2-120.32
60-07
cac/mi-repeals/deletesbrd
5-21-2007
Sec. 2-120.30
121-06
purpintent/noliaison
9-11-2006
Sec. 2-120.30 - 2-120.32
60-07
disbandcac-minority
5-14-2007
Sec. 2-120.30 - 2-120.33
99-08
auditcommittee
8-11-2008
Sec. 2-120.31
18-04
·membership-appointment
2-23-2004
Sec. 2-120.31
122-03
memapptermvac-cac-minority
12-8-2003
Sec. 2-120.32
122-03
meetprocrecordquorom-cac-minority
12-8-2003
Sec. 2-120.34 - 2-120.43
25-11
civilianspolicereviewbd
6-20-2011
Sec. 2-120.34 - 2-120.43
37-12
civilianspolicereviewbd
1-28-2013
Sec. 2-120.34 - 2-120.43
8-14
civilianspolicereviewbdrpld
3-31-2014
Sec. 2-120.44 - 2-120.48
43-13
southcapecmmtyredevadvboard
8-19-2013
Sec. 2-120.46
44-14
southcapecmmtyredevadvboard
1-12-2015
Sec. 2-121.1
41-10
policeoffcrtmt
4-12-2010
Sec. 2-121.1
22-12
policeoffcrtmt
10-22-2012
Sec. 2-121.1
52-13
policeoffcrtmt
9-23-2013
Sec. 2-121.3- 2-121.6
41-10
policeoffcrtmt
4-12-2010
Sec. 2-121.4
52-13
policeoffcrtmt
9-23-2013
Sec. 2-121.5
1-12
policeoffcrtmt
2-6-2012
Sec. 2-121.6
69-08
policeoffcrtmt
69-08
Sec. 2-121.6
19-13
policeoffcrtmt
9-9-2013
Sec. 2-121.8
41-10
policeoffcrtmt
4-12-2010
Sec. 2-121.9
19-13
policeoffcrtmt
9-9-2013
Sec. 2-121.10
41-10
policeoffcrtmt
4-12-2010
Sec. 2-121.10
42-14
policeoffcrtmt
12-8-2014
Sec. 2-121.15
52-13
policeoffcrtmt
9-23-2013
2015 S-30
0
0
0
11
0
Code Comparative Table
CODE USE SECTION
0
FILENAME
DATE
Sec.19-39
80-00
utilrates
8-28-2000
Sec.19-39
14-02
tenantdeposits-est fees
3-11-2002
Sec.19-39
42-04
establfeeschargesincidential
4-26-2004
Sec. 19-39 (.6)
42-04
establwatersystemrate
4-26-2004
Sec. 19-42
44-11
wstwtrpermit app
Sec. 19-48
44-11
periodcomprpts
8-22-2011
Sec. 19-55
44-11
extpolicycontrib
8-22-2011
Sec. 19-55
8-13
extpolicycontrib
2-25-2013
Sec. 19-61
44-11
extpolicyrightcityreview
8-22-2011
Sec. 19-67
44-11
extpolicyamend
8-22-2011
Sec. 19-77
128-00
bdchanges
1-16-2001
Secs. 19-86 - 19-96.6
11-12
watermanagementrepealed
5-7-2012
11-12
watermanagement
5-7-2012
Sec. 19-100
80-00
utilrates
8-28-2000
Sec. 19-100
45-04
establwastewaterrates
4-26-2004
Sec., 19-100
38-10
utilrates
4-12-2010
Sec. 19-105
44-11
asessdefs
8-22-2011
Sec. 19-107
44-11
assesslevypay
8-22-2011
Sec. 19-125
44-11
irrigwtrsysdef
8-22-2011
Sec. 19-130
44-11
irrigwtrsysextapprov
8-22-2011
Sec. 19-132
33-15
waters ewer
8-31-2015
Sec. 19-138
44-11
irrigwtrsyscrosscon
8-22-2011
Sec. 19-139
80-00
utilrates
8-28-2000
Sec. 19-139
48-13
utilrates
9-9-2013
Sec. 19-143 thru 19-149
33-15
watersewer
8-31-2015
Sec. 19-149
33-15
watersewer
8-31-2015
Sec. 19-152
44-11
servicconninspec
8-22-2011
Sec. 19-153
33-15
watersewer
8-31-2015
Sec. 19-158
44-11
markingwtrlines
8-22-2011
Sec. 19-160"163
46-05
protwells-wellsitessanitryhaz
5-9-2005
Sec. 20-3
128-00
bdchanges
1-16-2001
Secs.
0
ORDINANCE#
2015 S-32
19~87
- 19-94
:
'
8-22-2011
12
Cape Coral - Parallel References
CODE USE SECTION
ORDINANCE#
FILENAME
DATE
Sec. 21-5
E-ORD 01-07
sfwmdwatershortage
4-16-2007
Sec. 21-6
142-07
sfwmdwatershortage
11-19-,2007
Sec. 21-7
26-08
sfwmdwatershortagepenalties
2-11-2008
Sec. 22-3 & 22-5
7-03
stormwater
1-27-2003
Sec. 22-1thru22-11
52-00
stormwater
6-19-2000
Sec. 22-11
71-01
stmwtrlien
9-24-2001
Sec. 22-1 thru 22-11
68-02
stormwater
6-17-2002
Sec. 22-2, 22-4-11
42-04
stormwater
4-19-2004
Sec.. 22-3, 22-12
65-15
stormwater
1-25-2016
Sec. 23-1 thru 23-9
165-06
eagles
11-21~2006
Sec. 23-5
152-06
eaglesrestractiiv
10-30-2006
Sec.25
119-00
telecomm
12-18-2000
Sec. 25-5
169-06
occlic-localbustax
12-11-2006
Sec. 26-1
41-04
cccharterschoolauthority
4-12-2004
Sec. 26-5 - 26-9
2-08
charterschoolauthority
1-28-2008
Sec. 26-5 - 26-6
71-05
charterschool-compauthboard
5-9-2005
Sec. 26-5
109-06
charterschoolremove cm
8-14-2006
Sec. 26-8
2-15
charterschool-superintendent
1-26-2015
Sec. 26-9
71-05
charterschool~termsbrdmembers
5-9-2005
Sec. 26-11
2-15
charterschool-superintendent
1-26-2015
Sec. 26-15
2-15
charterschool-superintendent
1-26-2015
Sec. 27-1
33-12
communityredevagency
10-29-2012
Sec. 27-2
55-09
redevelopmenttrustfund
9-21-2009
Sec. 28-1 thru 28-4
35-14
domesticpartnershipregistry
11-3-2014
0
0
/~
u
2016 S-34
References To Ordinances
31
0
c)
Ord. No.
Date Passed
Code Section
41-10
4-12-2010
43-10
48-10
72-10
75-10
76-10
61-10
80-10
86-10
89-10
5-11
10-11
11-11
4-26-2010
6-14-2010
9-13-2010
9-13-2010
9-13-2010
10-18-2010
11-15-2010
11-29-2010
12-13-2010
2-28-2011
3-28-2011
3-28-2011
93-10
94-10
7-11
13-11
30-11
31-11
41-11
44-11
4-11-2011
4-11-2011
5-2-2011
5-2-2011
6-6-2011
6-20-2011
8-8-2011
8-23-2011
48-i i
9-12-2011
58-11
9-26-2011
72-11
1-12
2-12
3-12
9-12
11-12
14-12
15-12
22-12
23-12
26-12
32-12
11-14-2011
2-6-2012
2-6-2012
3-12-2012
4-9-2012
5-7-2012
6-11-2012
9-20-2012
10-22-2012
10-22-2012
11-5-2012
1-28-2013
2-121.1, 2-121.3 through
2-121.6, 2-121.8, 2-121.10,
2-121.15 through 2-121.19,
2-121.21, 2-121.24, 2-121.27,
2-121.28
2-2 through 2-4, 2-25.3, 2-36.4
2-35.5
4-31, 4-32
4-1 through 4-30
9-67
2-123.1 through 2-123. 7
2-26.8
9-100 through 9-111
12-101through12-126
2-24.25, 2-24.26
2-1.2
2-143, 2-144, 2-146, 2-148,
2-150
19-38
2-24.3
4-32
2-123.5
8-25 through 8-33, 12-8
11-16
2-1.2
2-24.3, 2-144, 17-2, 17-4,
19-1, 19-2, 19-8.2, 19-12,
19-42, 19-48, 19-55, 19-61,
19-67, 19-105, 19-107, 19-125,
19-130, 19-138, 19-152, 19-158
9-19, 12-1 through 12-6
2-31.3, 2-154, 12-7, 12-22,
12-1/2-4
2-22, 2-24.3
2-121.5
2-122.5
2-24.48, 2-24.49
2-120.27
19-87 through 19-94
2-19
9-68
2-121.1
2-122.1
2-1.2
8-10, 8-11
0
2014 S-26
32
Cape Coral - Parallel References
Ord. No.
Date Passed
Code Section
33-12
7-13
8-13
19-13
28-13
41-13
42-13
48-13
49-13
10-29-2012
3-25-2013
2-25-2013
9-9-2013
4-29-2013
7-15-2013
8-19-2013
9-9-2013
9-9-2013
51-13
52-13
53-13
57-13
58-13
70-13
9-9-2013
9-23-2013
9-9-2013
10-28-13
9-30-2013
12-16-2013
76-13
2-14
8-14
2-24-2014
2-24-2014
3-31-2014
16-14
6-9-2014
23-14
35-14
42-14
44-14
2-15
11-15
12-15
32-15
33-15
9-8-2014
11-3-2014
12-8-2014
1-12-2015
1-26-2015
3-23-2015
4-7-2015
8-3-2015
8-31-2015
40-15
8-24-2015
44-15
52-15
64-15
9-21-2015
11-23-2015
12-14-2015
65-15
2-16
1-25-2016
1-25-2016
27-1
13-35
19-38, 19-55
2-121.6, 2-121.9
7-10 through 7-15
8-35 through 8-57
2-120.44 through 2-120.48
19-139
2-123.1, 2-123.5, 2-123.6,
2-123.8, 2-123.9
2-123.1, 2-123.4, 2-123.13
2-121.1, 2-121.4, 2-121.15
2-122.1, 2-122.4, 2-122.15
2-24.26
2-38.1
2-120.3 through 2-120.11,
6-1 through 6-10.1
2-25.4, 2-27.1, 2-27.3, 2-27.4
2-120.26
Repealing 2-120.34 through
2-120.43
2-122.3, 2-122.5, 2-122.6,
2-122.8, 2-122.9, 2-122.27
TSO Table I
28-1 through 28-4
2-121.10
2-120.46
26-8, 26-11, 26-15
6-17
3-2
2-37.12
Repealing 19-143 through
19-149; amending 19-6, 19-8,
19-11, 19-16, 19-17, 19-20,
19-22, 19-24, 19-132, 19-149,
19-153
Adding 18-1/2-1; repealing
18-1/2-21through18-1/2-46
2-1.2, 8-9, 8-10, 8-13, 9-77
8-10, 8-11
Repealing 4-1 through 4-30;
adding 4-1
22-3; adding 22-12
2-117 - 2-120.2
0
0
0
2016 S-34
41
0
Index
SOLID WASTE SERVICE ASSESSMENT (Cont'd)
Applicability, 9-75.29
Collection and Use of Solid Waste Service Assessments
Alternative method of collection, 9-75.27
Government property, 9-75.28
Method of collection, 9-75.26
Definitions, 9-75.9
Findings, 9-75.11
Interpretation, 9-75.10
Legislative determinations of special benefit, 9-75.12
SOLID WASTE SERVICE ASSESSMENTS
Alternative method of collection, 9-75.27
Government property, 9-75.28
Method of collection, 9-75.26
0
SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER SHORTAGE PLAN
Amendment to water shortage plan, 21-4
Application, 21-3
Declaration of emergency, 21-2
Declaration of water shortage; water shortage emergency, 21-5
Definitions, 21-1
·
Enforcement, 21-6
Penalties, 21-7
Water users to accept provisions of chapter, 21-8
SPEED LIMITS, 18-6
SPOT DREDGING, 5-9
STORMWATER MANAGEMENT UTILITY
Adjustment of stormwater user fees, correction of stormwater user fees and exemption
procedures; hearings and appeals; retroactive corrections, adjustments or exemptions; due
notice; inspection, 22-8
Authority, 22-1
Billing and collection.of stormwater user fees, 22-6
Calculation of stormwater user fees, 22-5
Definitions, 22-3
Eligibility for exemptions, adjustments or corrections, 22-7
Findings and determinations, 22-2
Liens for delinquent stormwater charges, 22-11
Program responsibility, 22-9
Stormwater assessments, 22-4
Stormwater management trust funds, 22-10
Use of master stormwater systems, 22-12
0
2016 S-34
Cape Coral - Index
STREETS
Alternative method, 17-10
Definitions, 17-2
Issuance of bonds, 17-6
Levy and payment of special assessments, 17-4
No referendum required, 17-11
Optional method of collection, 17-5
Powers, 17-3
Purpose of constructing and providing improvements by special assessments, 17-1
Refunding bonds, 17-12
Remedies of bondholders, 17-9
Saving provisions, 17-13
Sidewalks by petition, 17-14
Taxing power not pledged, 17-7
Trust funds, 17-8
42
0
SUPPLEMENTATION OF CODE, 1-10
SURPLUS PROPERTY; DISPOSITION
Sale of surplus real property, 2-155
Sale of surplus real property acquired through eminent domain, 2-156
Sale of surplus tangible personal property, 2-154
SWIMMING POOLS
Diving board; sanitation generally, 5-25
Location of pool; fencing; safety rails; solar screens, 5-22
Permit required, 5-20
Plans; contents, 5-21
Portable swimming pools, 5-23
Responsibility of design engineer; inspections generally, 5-26
Water supply; discharge, 5-24
0
TAXATiON
Additional homestead exemption for qualifying persons, 7-3
Application only to city taxes, 7-4
Authority, 7-1
Definitions, 7-2
Household income adjusted annually, 7-5
Notice to property appraiser, 7-7
Public service tax (See PUBLIC SERVICE TAX)
Taxpayer responsibilities, 7-6
TAXICABS (See CABS)
0
2015 S-32
CAPE CORAL, FLORIDA
Instruction Sheet
2016 S-34 Supplement
LAND USE AND DEVELOPMENT REGULATIONS
REMOVE OLD PAGES
INSERT NEW PAGES
Title Page
Title Page
213,214
257 through 260
315,316
3161 through 316L
316U, 316V
318C through 318H
213,214
257 through 260
315,316
3161 through 316L
316U, 316V
318C through 318H
PARALLEL REFERENCES
6A through 8
11 12
19,20
6A through 8
11 12
19,20
J
J
INDEX
5 through 8
21 through 24
27 through 32
pmca 3/16
5 through 8
21 through 24
27 through 32
CITY OF CAPE CORAL, FLORIDA
LAND USE AND DEVELOPMENT
REGULATIONS
2016 S-34 Supplement contains:
Local legislation current through Ordinances passed 2-8-2016
Published by:
AMERICAN LEGAL PUBLISIDNG CORPORATION
One West Fourth Street ~ 3rd Floor ~ Cincinnati, Ohio 45202
1-800-445-5588 ~ www.amlegal.com
COPYRIGHT
©
2016
AMERICAN LEGAL PUBLISHING CORPORATION
0
ARTICLE Ill: SUPPLEMENTARY DISTRICT REGULATIONS
Section
3.1.
3.2.
3.3.
3.4.
3.5.
3.6.
3.7.
3.8.
3.9.
3.10.
3.11.
3.12.
0
3.13.
3.14.
3.15.
3.16.
3.17.
3.18.
3.19.
3.20.
3.21.
3.22.
3.23.
3.24.
3.25.
3.26.
3.27.
3.28.
0
3.29.
§ 3.1 Accessory uses.
.1 Authorization. Accessory
Accessory uses.
Temporary uses.
Specific use regulations.
Outdoor display of merchandise;
temporary off-site vehicle sales;
seasonal fundraising events.
Access required.
Building numbers required.
Visibility triangles.
General regulations for lots and
yards.
Fences, shrubbery, walls.
Swimming pools.
Parking of stored vehicles.
Parking of vehicles and trucks
within the city.
Variation; cul-de-sac lots.
Protection of easements.
Private clubhouses.
Marine improvements.
Sidewalks and alleys.
Industrial.
Home occupations conducted
within residential premises.
Home businesses conducted in or
from residential premises.
Garage sales not to be considered
home occupation or business;
regulations.
Excavations; protection of
underground pipelines and utilities.
Borrow pits; regulation of removal
or extraction of dirt, soil, sand,
rock, oil, gas, etc; procedures.
City-owned right-of-way.
Maintenance of city right-of-way.
Special events.
Distribution electric substation.
Dogs in food service
establishments.
Newsracks and newspaper
vending machines
uses, as
defined in Article XI, Definitions, are permitted in
connection with certain principal uses as set forth
below.
.2 Permitted accessory structures. Except
for lawfully constructed marine improvements and
boat canopies as provided in § 3.16, and fences
and walls associated with agricultural, park, and
storage uses, accessory structures are only
allowed on parcels with existing principal
structures. No accessory structure, except a
garage or carport, constructed as an internal unit
with the primary structure, may be built unless
authorized by a valid building permit issued by the
City of Cape Coral.
Except for
A. Residential districts.
those accessory structures identified below, ail
accessory structures are prohibited on properties
that contain single-family residential and duplex
uses in residential zoning districts. This restriction
shall not apply to parcels located in residential
zoning districts that contain lawful nonresidential
and multi-family structures. The accessory
structures identified belcvJ are allo\AJed in
accordance with the following regulations:
1. Garage.
a. All single-family structures
shall have at least one garage. All duplex
structures shall have at least one separate garage
for each dwelling unit. The garage shall be a
minimum of 14 feet wide by 20 feet long
unobstructed parking area. An operable garage
door capable of providing·access to the garage by
a motor vehicle is required for both detached and
attached garages. Furthermore, a driveway
providing vehicular access to the garage is
required and shall be constructed and maintained
in a condition that is safe and free of potholes, and
in accordance with the City of Cape Coral
Engineering Design Standards. The garage shall
213
2016 S-34
§ 3.1
Cape Coral - Land Use and Development Regulations
not be included in determining the living area. No
garage or storage area shall be used as living
quarters unless another garage is constructed
prior to conversion. A garage shall be considered
attached if it shares a minimum of 5% of a
common wall with the principal structure. For
purposes of this LUDR, an attached garage shall
be considered to be a part of the principal
structure and shall comply with all district
regulations for the zoning district in which it is
located. Carports are prohibited on residential
properties requiring agarage.
(Ord. 1-02, 2-11-2002; Ord. 36-12, 12-10-2012)
No detached garage shall
intrude into the front, side, or rear setbacks of the
parcel on which it is located. A detached garage
shall be located on the same parcel as the
principal structure. A detached garage shall not
exceed 800 square feet in area. The height of a
detached garage shall not exceed _13 feet in
height when measured according to the definition
of "building height" in the Land Use and
Development Regulations. The maximum size and
height restrictions shall not apply in the RE
Residential Estate District. No plumbing shall be
allowed in a detached garage except that a single
one-compartment sink shall be allowed. The
exterior building materials of a detached garage
shall conform to the exterior building materials of
the principal structure. A parcel may contain both
an attached and detached garage, but only one
detached garage shall be permitted.
(Ord. 66~91, 8-26-1991; Ord. 49-98, 8-24-1998;
Ord. 1-02, 2-11-2002)
2. Satellite antennas are permitted
subject to the following regulations:
a. No permit shall be required
prior to the installation of a satellite antenna
provided that the antenna is not affixed to a
building. In the event a satellite antenna is to be
affixed to a building, no permit shall be required
for the installation of such a satellite antenna
provided that tl'Je manufacturer's specifications
state that the satellite antenna can be affixed to a
building without the need for structural
enhancements, and provided that the property
owner provides to the city, within 30 days from the
completion of the installation of the satellite
2014 S-26
214
antenna, a copy of such manufacturer's
specifications together with a notarized affidavit
from the property owner and/or the person who
installed the satellite antenna that the satellite
antenna has been affixed to the building in
accordance with the aforesaid manufacturer's
specifications. If a property owner fails and/or
refuses to provide to the city the aforesaid affidavit
or if the satellite antenna cannot be affixed to the
building without the need for structural
modifications, then a permit from the city's
Department of Community Development shall be
required prior to the installation of such satellite
antenna in order to ensure that the installation of
such antenna shall not impair the structural
integrity of the building.
(Ord. 49-98, 8-24-1998)
b. All satellite antennas and
their support structures shall be installed so as to
withstand winds of at least 110 mph.
(Ord. 49-98, 8-24-1998)
3. Sun shelters subject to the
following regulations:
a. Definitions.
(1) SUN SHELTER. A
thatched roof without side walls.
(2) THATCHED ROOF. A
roof constructed of palm fronds in an open web
type of construction. The palm fronds are attached
in such a manner that they are sacrificed in winds
exceeding 70 mph.
b. Construction standards.
(1) Ail construction must
meet at least the minimum requirements of the
Standard Building Code as adopted by the City of
Cape Coral, with amendments, and as amended
subsequent to the adoption of this section.
(2) No sun shelters shall be
permitted except those supported by either:
(a) One central pole of
a diameter not to exceed ten inches; or
(b) Maximum of eight
poles.
(3) T h e
maximum
coverage allowed under roof, including overhangs,
shall be 150 square feet or if constructed on a
dock the area of the dock on which the sun shelter
is constructed, whichever is less.
(Ord. 13-06, 2-27-2006)
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a permit online from the city's website or at the
Code Enforcement Division's office. Such permit
shall be posted or otherwise displayed on the
property where the sale is being held so as to be
visible from the street. In the event a garage sale
is conducted without a permit, such sale shall be
closed by the Police Department, including but not
limited to the Code Enforcement Division, and
shall remain closed until a valid garage sale permit
is received from the city. Garage sale permits shall
include authorization for on-site signs and off-site
signs in accordance with applicable portions of the
City of Cape Coral Land Use and Development
Regulations. Upon obtaining a garage sale permit,
off-site garage sale signs shall be mounted on a
support that shall be used to insert such off-site
signs into the ground. Neither on-site nor off-site
garage sale signs shall be attached to any utility
pole, street sign, tree, or other landscaping.
(Ord 7-99, 3-8-1999; Ord. 94-01, 12-3-2001; Ord.
79-07, 7-30-2007; Ord. 24-09, 7-20-2009)
.4 The purchase of items for resale at a
residence, which in essence establishes a
residence as a secondhand store, is hereby
prohibited.
.5 A violation of this section shall be
punishable by a fine of not less than $75 and not
more than $250. Each day any violation of any
provision of this section occurs or continues shall
constitute a separate offense. As an alternative,
violators may be cited by a Code Enforcement
Officer to appear before the Code Enforcement
Special Master. In such event, violators shall be
subject to fine(s) not to exceed $250 per day for
first time violations or not to exceed $500 per day
for repeat violations, as imposed by the Code
Enforcement Special Master pursuant to the City
of Cape Coral Code of Ordinances or the Florida
Statutes. A person is subject to arrest if he or she
refuses to close down a garage sale for which no
valid permit is in effect.
(Ord 7-99, 3-8-1999)
§ 3.22 Excavations; protection of
0
underground pipelines and utilities.
. 1 Intent. It is the intent of the City Council
to protect underground pipelines and utilities from
destruction or damage to prevent:
2009 S-8
§ 3.22
A. Death or injury to persons;
B. Property damage to private and
public property;
C. Loss of essential pipeline or utility
services to the general public.
.2 Definitions.
A. PERSON. Any business entity
whether operated by an individual, firm,
corporation, association, partnership, cooperative
association, joint venture, joint stock association
or business trust, whether or not incorporated.
B. EXCAVATION. An operation utilizing
any tools, equipment or explosives for the purpose
of:
1. Moving, removing or otherwise
displacing or distributing earth, rock or other
materials in or on the ground;
2. Wrecking, razing, rending,
moving or removing any structure or mass of
material.
C. UTILITY LINE. An underground
conduit and related facilities, including pipe or
cable, by which a person furnishes material or
service.
D. EXCAVATOR. Any person having
direction or control of the excavation.
E. SUPPLIER. Any person who
operates a utility line.
.3 Notice requiremf?nts for excavation. No
excavator shall make or begin any excavation on
public property or within dedicated easements
without first obtaining information concerning the
possible location of utility lines in the area of the
proposed excavation. The excavator may obtain
such information by contacting each supplier who
may have utility facilities in the area of the
proposed excavation. Such contact may be made
by telephone, written correspondence, telegraph,
messenger or in person.
.4 Notice requirements when marking of
lines is necessary. If marking of utility lines is
necessary, the excavator shall notify that supplier
so that the supplier receives notification at least 48
hours (excluding Saturdays, Sundays and legal
holidays) prior to the commencement of the
excavation. When marking is necessary the utility
line concerned shall be marked by the supplier.
Marking of a utility line is necessary when:
A. A proposed excavation, except
blasting, is planned with five feet of a utility line
§ 3.22
Cape Coral - Land Use and Development Regulations
located on public property or a dedicated
easement.
B. A proposed excavation, by blasting,
is planned in such proximity to a utility line that the
utility line will be destroyed, damaged or disturbed.
.5 Penalties for violation. Any person
violating this section shall be punished as provided
in § 1-14 of the Code of Ordinances of the City of
Cape Coral.
·
§ 3.23 Borrow pits; regulation of removal or
extraction of dirt, soil, sand, rock, oil, gas,
etc.; procedures.
. 1 Removal or extraction of dirt, soil and
sand.
A. All borrow pits from which dirt, sand
or soil has been removed shall be completely
enclosed by a fence or earth berm at least six feet
in height.
B. Prior to any such removal or
excavation, the following shall be submitted to the
Department of Community Development: drainage
plans, aerial photo of the site, a plan for
development of the total site when the removal is
completed, the estimated costs of restoring the
site to a safe and developable condition, and a
deposit of funds or other financial instruments
payable to the City of Cape Coral is required equal
to the estimated cost of restoring the site. The
estimated cost for restoring the site shall include
fence or berm removal, lake bank sloping and
stabilization, site grading, seeding and/or
mulching, drainage, and any other items that the
Department, Commission, or Council deems
appropriate to ensure that the site is restored to a
safe and usable condition. The plans shall be
reviewed by the Commission and written
recommendation made to the Council prior to
application for an excavation permit.
C. Determination of the size of buffer
strip necessary shall be made by the Planning and
Zoning Commission/Local Planning Agency
subject to final approval of the City Council.
.2 Removal or extraction of rock, gravel,
shell, aggregate or marl.
A. All such excavations shall be sealed
by fencing or grading or other device from general
2016 S-34
258
public access. All entrances to said excavation
shall be fenced and locked during nonbusiness
hours.
B. Prior to any such removal or
excavation the following shall be submitted to the
Department of Community Development: drainage
plans, aerial photograph of the site, a plan for
development of the total site when the removal is
completed, the estimated costs of restoring the
site to a safe and developable condition, and a
deposit of funds or other financial instruments
payable to the City of Cape Coral is required equal
to the estimated cost of restoring the site. The
estimated cost for restoring the site shall include
fence or berm removal, lake, bank sloping and
stabilization, site grading, seeding and/or
mulching, drainage, and any other items that the
Department, Commission or Council deems
appropriate to ensure that the site is restored to a
safe and usable condition. The plans shall be
reviewed by the Commission and written
recommendation made to the Council prior to
application for an excavation permit.
C. Determination of the size of buffer
strip necessary shall be made by the Planning and
Zoning Commission/Local Planning Agency
subject to final approval by the City Council.
D. No excavation or extraction may be
made with explosives without express permission
of the Council. Excavation or borrow pit permits
involving explosives must be renewed every 90
days.
.3 Excavations, removal, or extraction for
purposes of oil or gas exploration or production.
A. All such excavations, removals, or
extractions shall be sealed by fencing or grading
or other device from general public access. All
entrances to said sites shall be fenced and locked
during nonbusiness hours.
B. Prior to any such excavation,
removal, or extraction, the following shall be
submitted to the Department of Community
Development: drainage plans, aerial photograph
of the site, a plan for development of the total site
when the removal is completed, the estimated
costs of restoring the site to a safe and
developable condition, and a deposit of funds or
other financial instruments payable to the City of
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Supplementary District Regulations
Cape Coral is required equal to the estimated cost
of restoring the site. The estimated cost for
restoring the site shall include fence or berm
removal, lake, bank sloping and stabilization, site
grading, seeding and/or mulching, drainage, and
any other items that the Department, Commission
or Council deems appropriate to ensure that the
site is restored to a safe and usable condition. The
plans shall be reviewed by the Commission and
written recommendation made to the Council prior
to application for an excavation permit. No permit
to drill a gas or oil well shall be issued unless City
Council approves the application for such permit
by resolution.
C. Determination of the size of buffer
strip necessary shall be made by the Planning and
Zoning Commission/Local Planning Agency
subject to final approval by the City Council.
D. No excavation or extraction may be
made with explosives without express permission
of the Council. Excavation, including removal and
extraction, or borrow pit, permits involving
explosives must be renewed every 90 days.
E. No person or entity may engage in
any oil and gas exploration or production that
utilizes well stimulation within the corporate
boundaries of the City of Cape Coral or, consistent
with F.S. § 377.24(6), within the tidal waters of the
state abutting or immediately adjacent to the
corporate limits of the municipality, or within three
miles of the City's corporate limits extending from
the line of the mean high tide. As used in this
section, the term "well stimulation" shall mean a
well intervention, exploration, operation, or
maintenance procedure performed by injecting
fluid into a rock formation in order to increase
production at an oil or gas well by improving the
flow of hydrocarbons from the formation into the
wellbore. Well stimulation does not include routine
well cleaning that does not affect the integrity of
the well or the formation .
.4 Procedure.
A. The applicant shall meet with the
Director and other city staff deemed appropriate
by the Director prior to a public hearing with the
Planning and Zoning Commission/Local Planning
Agency to review staff concerns and to establish
0
2016 S-34
§ 3.23
the basis for determining cost estimates as
required.
(Ord. 57-91, 7-22-1991)
B. All excavation or borrow pit requests
shall be reviewed by the Planning and Zoning
Commission/Local Planning Agency, City
Manager, city staff and Health Department. After
their review and recommendation, the City Council
shall call for a public hearing on the application
and shall determine whether or not said
application shall be granted.
Cape Coral - Land Use and Development Regulations
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Supplementary District Regulations
C. If the conceptual plan as presented
by the applicant will require a zoning amendment
for development, the applicant must prepare and
submit a planned development project for the
entire project prior tb approval of the excavation.
. D. If the excavation or borrow pit
application is approved, the applicant may then
apply for an excavation or borrow pit permit.
(Ord. 4-16, 2-8-2016)
§ 3.24 City-owned right-of-way.
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0
.1 General. Except as provided below, no
construction, change, modification, or alteration of
any type or nature whatsoever, including, but not
limited to, the addition or removal of fill,
vegetation, or other materials, and/or the
placement, installation or erection of any object or
vegetation, shall be allowed within a city-owned
right-of-way or swale, except as provided in the
City of Cape Coral Land Use and Development
Regulations, Article V, § 5.2.
(Ord. 83-93, 12-6-1993; Ord. 103-06, 8-28-2006;
Ord. 107-07, 9-21-2009)
.2 No permit required. The following work
and/or activities shall be allowed in city-owned
right-of-way or roadway easement areas without
the necessity of a city permit:
A. Trimming,
cutting,
and/or
maintenance of trees, shrubs, and other
vegetation existing as of the effective date of this
ordinance in city-owned rights-of-way or swales;
B. Markers, commonly known as
buttons, turtles, or half~moons, may be placed 18
inches from the edge of the pavement in
residential zoning districts provided that such
markers shall not exceed a height of four inches.
· However, no markers shall be placed within any
city right-of-way which is adjacent to a roadway
with four or more lanes;
C. Mailboxes may be placed in cityowned rights-of-way or swales so long as they are
in accordance with the City of Cape Coral
Engineering Design Standards. The mailbox may
be immediately surrounded by a small bed
consisting of landscape edging materials or
concrete curbing, bedding plants and/or
groundcover, and mulch or decorative rock
provided that such decorative rock shall not
exceed four inches when measured in any
2016 S-34
§ 3.24
direction, pursuant to the City of Cape Coral Land
Use and Development Regulations, Article V,
§ 5.2. In no event shall the diameter of the plant
bed exceed two feet when measured from the
outer-most edges of any landscape edging
material or concrete curbing utilized;
D. Planting of trees, palm trees, and
shrubs in the city-owned rights-of-way pursuant to
the City of Cape Coral Land Use and
Development Regulations, Article V, § 5.2; and
E. A bed immediately surrounding one
or more trees planted pursuant to the City of Cape
Coral Land Use and Development Regulations,
Article V, § 5.2, may be edged with landscape
edging materials or ~oncrete curbing and consist
of bedding plants and/or groundcover, and mulch
or decorative rock provided that such decorative
rock shall not exceed four inches when measured
in any direction. The size of the bed shall be
reasonably related to the size and number of trees
contained therein.
·
(Ord. 83-93, 12-6-1993; Ord. 103-06, 8-28-2006;
Ord. 107-07, 9-21-2009)
.3 Permit required. The following work
and/or activities shall be allowed in city-owned
right-of-way or roadway easement areas provided
that the property owner first obtains a permit from
the city:
A. Culvert installation and appurtenant
work;
B. Sod installation and appurtenant
work;
C. Driveway
installation
and
appurtenant work;
D. Curb, gutter, sidewalk, sod, and
paving without alley improvements (Commercial,
Professional, Downtown, Industrial and
Institutional zones);
(Ord. 91-05, 11-14-2005)
E. · Curb, gutter, sidewalk, sod, and
paving, with alley improvements (Commercial,
Professional, Downtown, Industrial and
Institutional zones);
(Ord. 91-05, 11-14-2005)
F. Installation of sprinkler systems.
However, if the sprinkler system is disturbed,
damaged, or destroyed by the city performing
work in the right-of-way, the owner shall be solely
responsible for any cost resulting from such
§ 3.24
Cape Coral - Land Use and Development Regulations
disturbance, damage to, or destruction of the
, sprinkler system in the right-of-way; and
G. Median landscaping as permitted in
the City of Cape Coral Land Use and
Development Regulations, Article V, § 5.2. ·
(Ord. 83-93, 12-6-1993; Ord. 107-07, 9-21-2009)
.4 Under no circumstances shall any of the
activities permitted above result in any change,
modification, or alteration of any type whatsoever,
to the established grade, slope, or contour of a
city-owned swale or right-of-way not specifically
addressed by the City of Cape Coral Engineering
Design Standards.
(Ord. 83-93, 12-6-1993)
.5 None of the prohibitions contained in this
ordinance shall apply to any construction, change,
modification, or alteration within a city-owned
right-of-way or swale which is performed by and/or
required by a governmental entity or public utility.
(Ord. 83-93, 12-6-1993)
.6 Utilities.
A. For new buildings, all onsite utilities
including, but not limited to, telephone, electricity,
cable television, and other wires of all kinds shall
be placed underground. However, appurtenances
to these systems that require aboveground
installation including, but not limited to, utility panel
boxes are exempt from this requirement if the
appurtenances are not placed in front yards.
When such appurtenances are located in utility
easements abutting a platted alley, they shall be
located at least ten and one-half feet from the
· centerline of the platted alley. These underground
requirements also apply to those improvements to
non-conforming structures that exceed the 50%
thresholds as described in § 2.6.2 and 2.6.4. All
utility infrastructures, including electric utility poles
and power lines, shall be concealed from public
view wherever possible and shall not be located
on any property that abuts streets or sidewalks
wherever possible. All new electric distribution
lines shall be located in utility easements abutting
platted alleys and their utility poles shall be
positioned so that a minimum clearance of ten and
one-half feet from the centerline. of any platted
alley is maintained. For properties that do not
have a rear platted alley, the electric distribution
.lines and utility poles shall be located in the rear
utility easement wherever possible. ·
2009 S-8
260
B. On certain blocks where overhead or
underground utility lines have been placed in the
first six feet beyond the edge of the street
right-of-way (where improvements might otherwise
be placed in accordance with these regulations) a
property owner shall choose one of the following
options:
1. The property owner may
relocate the utility lines to the alley or other
acceptable location, at the property owner's sole
expense and subject to approval by the affected
utility provider(s) and the City of Cape Coral; or
2. The property owner may choose
to place a concrete sidewalk, or architectural
elements, on the front six-foot property setback. If
overhead electric lines are in place, no awnings,
canopies, balconies, colonnades, arcades, or front
porches may be constructed forward of this line
even if otherwise required by this code. If
underground lines of any type are in place, the
property owner is solely responsible for repairing
any damage to lawful encroachments into the sixfoot easement resulting from maintenance or
improvements to utility lines.
(Ord. 91-05, 11-14-2005)
(Ord. 171-06, 2-5-2007; Ord. 15:.07, 4-23-2007)
§ 3.25 Maintenance of city right-of-way.
All property owners shall be responsible to
either maintain and/or construct the city-owned
right-of-way lying between their property
boundaries and the city pavement, including, but
not limited to, the following standards.
a. Prior to preparation of a building lot for
construction, the building permit holder shall
obtain the correct swale flow line elevations from
the Engineering Department and proceed
immediately to create the required swale needed
to allow continuous uninterrupted flow of
stormwater throughout the construction process.
b. During construction or reconstruction
straw bales or other approved erosion control
devices shall be placed in the swale adjacent to
both property lines to impede all foreign matter
from entering the stormwater system. The erosion
control devices shall remain in place until
placement of final sod in the right-of-way.
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.9
Prohibited vegetation.
A. The following invasive exotic plants
are prohibited and shall be removed from the
development site, in its entirety. For projects
developed in phases, all invasive exotic plants
shall be removed from areas to be developed
under future phases at the time the first or any
subsequent phase is developed. Methods to
remove and control invasive exotic plants must be
included on required landscape plans, for projects
that require a landscape plan. Methods of removal
and control that would damage native vegetation
to be preserved are prohibited. The development
sites shall be maintained free from invasive exotic
plants in perpetuity. For purposes of this
subsection, invasive exotic plants include the
following:
Prohibited Invasive Exotics
Common Name
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Supplementary Development Regulations
315
Scientific Name
earleaf acacia
acacia auricu/iformis
woman's tongue
Albizia /ebbeck
Bishopwood
Bischofia javanica
Austrailian pines
Alf Casuarina species
Carrotwood
Cupianopsis anacardioide
Rosewood
Dalbergia sissoo
air potato
Dioscorea alata
murray red gum
Eucalyptus camaldu/ersis
Cuban laurel fig
Ficus microcarpa
Japanese Climbing fern
Lygodium japonicum
Old World climbing fern
Lygodium microphylfum
Melaleuca, paper tree
Melaleuca quinqueneNia
downy rose myrtle
Rhodomyrtus tomentosus
Chinese tallow
Sapium sebiferum
Brazilian pepper,
Florida holly
Schirus terebinthifo/ius
tropical soda apple
Solanum viarum
Java plum
Syzygium viarum
2016 S-34
Prohibited Invasive Exotics
Common Name
Scientific Name
rose apple
Syzygium jambos
cork tree
Thespesia popu/nea
Wedelia
Wff]de/ia trilobata
B. The Weeping Fig, Ficus benjamina,
is prohibited due to aggressive root systems
unless it is maintained as a hedge with a
maximum height of eight feet.
C. City
of
Cape
Coral
and
state-prohibited vegetation shall be removed from
all sites prior to issuance of certificate of
occupancy or certificate of completion.
D. For properties in the High Intensity
Commercial-Industrial zoning district, the following
species may remain on the property if present
prior to development, but cannot be replanted
during or after development activities: Ricinus
communis (castor bean), Garica papaya (common
papaya), Sansevieria trifasciata (common
snakeplant), Cestrum diumum (day Jessamine),
Epipremnum aureum and Scheff/era actinophyfla
(Queensland umbrella tree).
(Ord. 27-13, 11-25-2013)
.10 Quality, size, spacing, and species mix.
All plant materials required by this section shall
conform to the following at the time of planting:
A . Plant installation standards. Plant
materials shall be installed in soil conditions that
are conducive to the proper growth of the plant
material. Soil in planting areas shall be loose,
permeable, friable, and free of limestone and
other construction materials, off-street parking
area base material, rocks, noxious weeds,
grasses, hard pan, clay or other debris. For
purposes of this section, noxious weeds are those
plants listed in Section 58-57.007, F.A.C, State
Noxious Weed List, by the Florida Department of
Agriculture and Consumer Services. It is
recommended that such materials be removed to
a depth of two and one-half feet for the well-being
of plant materials. Required canopy trees, accent
trees, palm trees, and shrubs shall be planted on
grades not exceeding 3: 1.
§ 5.2.10
B. Plant species and grade.
A
minimum of 50% of all required canopy trees and
accent trees and a minimum of 30% of all required
shrubs and groundcovers, excluding turf grass
areas, shall be Florida native as defined by this
section. Any plant material on the Florida Exotic
Pest Plant Council's list of Category I invasive
exotics, as may be amended, shall not be counted
toward the required plantings in this section. The
City of Cape Coral discourages the use of any
plant material on the Florida Exotic Pest Plant
Council's list of Category II invasive exotics, Which
are not expressly prohibited by § 5.2.9. Plant
materials used in conformance with the provisions
of this section shall meet or exceed the Standards
·for Florida No. 1, as set forth in the latest edition
of' "Grades and Standards for Nursery Plants"
published by the State Department of Agriculture
and Consumer Services, including, but not limited
to, minimum crown spread diameter, root-ball
sizes, and container volumes.
· C. Tree standards.
1. Canopy tree size. Except in the
South Cape Downtown District, all canopy trees
required to meet minimum requirements shall
have a minimum height of ten feet, and shall have
a minimum caliper of two inches measured at a
height of 12 inches above the ground. In the
South Cape Downtown District, all canopy trees
required to meet minimum requirements shall
have a minimum height of 12 feet and a minimum
caliper of three inches measured at a height of 12
inches above the ground.
2. Palm tree size. Palm trees
required to meet minimum requirements shall
have a minimum size of 16 feet overall, unless
located within ten feet of a walkway, in which case
they shall have a minimum of ten feet of clear
trunk at planting.
3. Accent tree size. Accent trees
required to meet minimum requirements shall
have a minimum height of eight feet, have a
minimum caliper of one and one-half inches
measured at a height of six inches above the
ground.
4. Tree species mix. A mix of
species shall be provided according to the overall
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number of trees required to be planted. Species
shall be planted in proportion to the required mix.
The minimum number of species to be planted is
indicated in Table 2.
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Table 2: Required Species Mix
Required Number
of Trees'·
Minimum Number
of Species
1 -4
1
5-10
2
11 - 20
3
21 -30
4
31+
5
D. Shrub standards.
Except as
otherwise provided herein, shrubs planted in
residential development shall be a minimum of 18
inches in height and be in at least a three-gallon
container size at time of planting. Shrubs planted
in all non-residential and mixed-use development
must be a minimum of 24 inches in height and be
in at least a seven-gallon container size at time of
planting. Shrubs required for buffer yard plantings
must be a minimum of 32 inches in height and be
in at least a seven-gallon container size at time of
planting. Ornamental grasses may be used in lieu
of 30% of shrubs required. Saw palmettos
(Serenoa repens) and coonties (Zamia floridana)
mav be used as shrubs, provided they are 12
inches in height at time of planting.
E. Groundcovers and sod.'
1. Groundcovers shall be planted
no more than 24 inches apart for one-gallon pots
or 12 inches apart for four-inch pots.
2. Wherever used, sod shall be
installed with no gaps or overlaps, so as to
present a finished appearance and prohibit
erosion of the planted area.
F. Firewise landscaping. Landscaping
within areas subject to wildfire hazard and should
incorporate firewise landscaping techniques
promulgated by the Florida Department of
Community Affairs and the Department of
Agriculture and Consumer Services.
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Table 5: Table of Buffer Yard Options
Plants per 100 Feet
Option
Minimum Buffer Width
Opaque Feature
Buffer D
1
4.8 canopy trees 1
3.2 accent or palm trees
64 shrubs
25 feet
Wall
2
6 canopy trees 1
5 accent or palm trees
66 shrubs
15 feet
Wall
1
9 canopy trees 1
4.8 accent or palm trees
80 shrubs
40 feet
Berm
2
8 canopy trees 1
3.6 accent or palm trees
48 shrubs
15 feet
Wall
4 canopy trees 1
33 shrubs
4feet
None
Buffer E
Buffer F
1
0
1
A maximum of 50% of the required canopy trees may be substituted with palm trees, at a rate of 3 palm trees per
each canopy tree substituted in accordance with § 5.2.13.A.1.
Opaque Feature Definitions
Wall
An opaque wall meeting the requirements of§ 5.2.13C.5.c.(5).
Berm
A 3-foot high earthen berm with a maximum slope of 3: 1.
c.
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Buffer yard requirements.
( 1) No development within
required buffer yards. Required buffer yards shall
not contain any development other than drainage
facilities, sidewalks, plants, walls, or berms.
Driveways shall only be allowed in the required
buffer yard if the buffer yard runs along a street.
No grading, development, or land-disturbing
activities shall occur within the buffer yard unless
as part of an approved development or landscape
plan.
(2) B u ff er
yard
maintenance.
(a) Any
landscape
buffer yard required pursuant to this section shall
be maintained in order to preserve such buffer
yard.
plantings,
(b) The
walls, and berms that constitute screening for any
2012 S-20
buffer yard required pursuant to this section shall
be maintained for the iife of the deveiopment.
Such maintenance shall include all actions
necessary to keep the buffer yard free of Utter and
debris, and to keep plantings, walls, and berms in
good repair and neat appearance.
(c) In the event that
any buffer yard screening or any element thereof,
is damaged or fails to live so that it no longer
furthers the purpose and intent of this section, it
shall be replanted or replaced, whichever is
applicable, with the type and size of material
specified on the landscape plan.
(3) Plant/tree arrangement.
Required plants and trees shall be distributed in a
manner to meet the intent of screening
In the event that plant
incompatible uses.
materials are prohibited in a public drainage
and/or utility easement which abuts or is
§ 5.2.13
coincident with a buffer yard, no new plant
materials shall be centered closer thari two feet
from such easement.
(4) Existing vegetation.
(a) Retaining existing
Florida native trees and other vegetation within a
buffer yard is strongly encouraged.
(b) If existing plants do
not fully meet the standards for the type of buffer
yard required, additional plant materials shall be
installed.
(5) Buffer yard walls and
berms.
(a) Whenever a wall or
berm is required within a buffer yard, it is shown in
the opaque feature column in Table 5: Table of
Buffer Yard Options.
(b) Where the buffer
yard requires a berm, the berm shall be graded to
appear smooth, rounded and natural. Slopes shall
not exceed a 3: 1 grade.
(c) Whenever a wall is
required within a buffer yard, the wall shall
conform to all requirements of § 3.9, the
requirements herein, and all other requirements
for a wall. The wall may be placed anywhere in the
buffer yard, provided at least 75% of the required
trees and 100% of the required shrubs are on the
side facing outward toward the right-of-way or
abutting property (facing away from the property
on which the wall is erected). Bare concrete block,
even if painted, is prohibited. The following
materials, either singly or in any combination, are
the only materials that may be used to form the
wall:
Concrete block coated with stucco:
Textured concrete block;
Stone;
Brick; or
Formed, decorative, or precast concrete.
Whenever a wall is required within a buffer yard,
it shall be 100% opaque and shall be the
maximum height allowed for the use and the
location of the wall (see § 3.9).
(d) Gates. Agate may
be allowed in a buffer yard wall, provided such
gate is opaque, unless spanning a vehicular
entrance, and meets the intent and purpose of this
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section. Gates shall be maintained in accordance,
with the maintenance standards for screening
contained in this section.
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(6) Staggered
walls.
Whenever a wall is required within a buffer yard,
it may be divided along the length of a buffer
yard(s) so that a wall consists of a series of wall
segments instead of a continuous line. Such a
divided wall shall be allowed only if it meets the
intent and purpose of this section and if the wall
segments overlap by a minimum of one-half of the
distance between the two wall segments.
(7) Vehicular use areas.
Concrete curbs and/or wheel stops at least five
inches high shall be provided between vehicular
use areas and buffer yard areas.
con<lele c:urb or parking blade
minimum S"hlgh
d
bulferyml • ..,.,
d.
0
vehicular use area
Location of buffer yards.
(1) The landscape buffer
yards required by this section shall be located
along the perimeter of a property except at
approved entrances or exits to the parcel.
(2) Buffer yards shall
extend to the zoning lot line or right-of-way line,
except where easements, covenants, visibility
triangles, or natural features require the buffer
yard to be set back from the property line. The
presence of an easement, covenant, or natural
feature does not necessarily preclude the
placement of a buffer yard, unless due to the
nature of the easement, covenant, or natural
feature, the placement of a buffer yard would be
precluded.
(3) Nothing other than
open landscaped areas shall be located between
the required buffer yard and the site perimeter
unless the presence of an easement, covenant, or.
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natural feature, which due to its nature, would
preclude open landscaped areas.
(4) Buffer yard areas may
not be located on any portion of an existing or
dedicated street right-of-way or roadway
easement.
D. Irrigation.
All landscaping shall
All
contain an automatic irrigation system.
required irrigation systems shall be designed to
minimize the application of water to impervious
areas, including roads, drives and other vehicle
areas. Required irrigation shall also be designed
to avoid damage to existing native vegetation from
over watering or from physical conflicts with plant
roots. The following standards shall apply to the
design, installation and maintenance of the
irrigation systems:
1. The irrigation system shall be
properly maintained and operated consistent with
watering schedules established by the South
Florida Water Management District, or the City of
Cape Coral, whichever is more restrictive.
2. Existing native plants are
exempt from this requirement.
3. Automatic control systems shall
be equipped with an operable rain sensor or other
devices, such as soil moisture sensors, to prevent
unnecessary irrigation.
(Ord. 27-13, 11-25-2013)
.14 Tree credits.
A. Tree credits for all development
other than single-family homes and duplexes are
available, to encourage the planting of larger trees
than are otherwise required, and to preserve trees
existing on development sites. Based on the
gross square feet of land area, each tree credit
earned can count toward the number of trees
required, subject to limitations indicated below. If
tree credits are used, the credits shall be shown in
the calculations on the landscape plan. Singlefamily homes and duplexes are not eligible for the
tree credit program provided by this subsection. In
no event, shall the number of trees required in a
buffer yard be reduced.
B. Credit for planting larger canopy
trees. One tree credit shall be applied to the
overall tree count for each two inches of increased
caliper above the minimum planting size specified
in§ 5.2.10. In no event, however shall the actual
2016 S-34
§ 5.2.15
number of trees be less than one-half of the total
number required.
C. Credit for preserving existing canopy
trees. Existing canopy trees in good health and
meeting the minimum standards provided in
§ 5.2.8 that are preserved on a site, and that are
properly protected prior to and during the course
of development activities, can be used to meet the
requirements of this section for the site where the
existing trees are located. For purposes of this
subsection, development activities include, but are
not limited to, land clearing, construction, grading,
or placement of fill. Canopy trees· that exceed the
minimum size required by § 5.2.10 are credited at
the following ratios for existing canopy trees:
1.
6" up to 12" caliper = credit for 2 trees
2.
12" up to 18" caliper = credit for 3 trees
3.
18" up to 24" caliper= credit for 4 trees
4.
24" or greater caliper= credit for 5 trees
No credit shall be given to canopy trees on the
Florida Exotic Pest Plant Council's list of Category
I or Category II invasive exotics, as may be
amended.
D. Credit for preserving existing palms.
Existing palm trees in good health and having a
minimum of ten feet of clear trunk that are
preserved on a site, and that are properly
protected prior to and during the course of
deveiopment activities, can be used to meet the
requirements of this section for the site where the
existing palm trees are located. This credit shall
be available for palms preserved in place. or
transplanted within a site, using accepted
horticultural procedures.
.15 Landscape maintenance.
A. General maintenance required. The
property owner shall maintain all landscaping in
accordance with the approved landscape plan, if
any, and with the standards contained in this
section, including, but not limited to the following:
1. Trees, palm trees, shrubs, and
other vegetation shall be trimmed so as to not be
an obstruction to pedestrian or vehicular traffic or
traffic visibility; and
§ 5.2.15
Cape Coral - Land Use and Development Regulations
2. Trees, palm trees, shrubs, and
tree bed(s) shall be kept free of refuse, debris,
and disease; and
3. Nonliving materials shall be
maintained in good condition at all times.
4. Shrubs planted in non-residential
and mixed-use development shall grow and be
maintained at all times according to the minimum
size specified on the approved landscape plan, or
to a minimum height of 36 inches, if not specified
on the approved landscape plan. Shrubs that do
not meet the minimum height specified on the
approved landscape plan, or the alternate
minimum height of 36 inches, shall be replaced
with like kind species and be maintained at a
height of 36 inches.
This requirement shall not preclude the placement
of additional plant materials or other landscape
features that comply with other requirements of
these regulations.
B. Compliance required. For any
development for which a landscape plan was
submitted, the city shall not issue a certificate of
occupancy or certificate of completion until the
landscape architect or other licensed professional
authorized pursuant to F.S. Chapter 481, Part II,
who prepared, signed and sealed the plan, or their
successor, certifies to the city that all elements of
the landscape plan have been installed in
accordance with the approved plan. Each
development will be inspected by the City of Cape
Coral within two years after the certificate of
occupancy or certificate of completion is issued,
and from time to time thereafter to ensure
compliance with the applicable landscape
standards and with the approved landscape plan,
if any. Any dead or missing plant, or plant that
appears to be dying or unable to sustain healthy
future growth shall be replaced by one that
conforms to the requirements of this section and
approved landscape plan, if any. Failure to comply
with this requirement shall constitute a violation of
the City of Cape Coral's Code of Ordinances,
subject to any penalty imposed by law.
C. Changes subsequent to landscape
plan approval.
The replacement of plants
indicated on an approved landscape plan with
plants of the same species, or the placement of
hardscape features that comply with other
2016 S-34
316L
requirements of these regulations shall not require
the submission of an amended landscape plan.
The substitution of plants indicated on an
approved landscape plan with plants of an
alternative species of the same size and plant
category (canopy tree, accent tree, palm tree,
shrub) shall not require the submission of an
amended landscape plan, unless a specific
species has been prescribed as a condition of
approval by the Planning andZoning Commission,
the Board of Zoning Adjustment and Appeals, or
City Council; however, any such substitution shall
meet all other landscape requirements, including
but not limited to the minimum separation distance
between trees and overhead power lines, the
Florida native plant percentage, the tree species
mix, and species specific palm tree substitution
requirements. Except as described above, after a
landscape plan has been approved, it shall be
unlawful to change, modify, alter, or otherwise
deviate from the terms or conditions of the
landscape plan without first obtaining written
approval of an amendment to the landscape plan.
The approval of an amendment to a landscape
plan does not constitute an amendment to the site
plan. Modifications that require approval of an
amended landscape plan include, but are not
limited to the following:
1. Replacement of any plant
indicated on an approved landscape plan with a
plant of a different species; or
2. The reduction of any quantity or
size of plants, below the size that was indicated on
the most recently approved landscape plan.
The city may impose a reasonable fee for
the review and approval of an application for an
amendment to a landscape plan. An application
for an amendment to a landscape plan shall be
reviewed in accordance with the standards herein,
unless the landscaped area is a legal
nonconformity. An application for an amendment
to a nonconforming landscaped area shall be
reviewed in accordance with § 5.2.15. D.2.
D. Nonconforming landscaped areas.
1. Legal
nonconforming
landscaped areas established. All landscaped
areas within the City of Cape Coral which were
lawful prior to the adoption of § 5.2 of the City of
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revocation of the deviation at the time the PDP
development order is considered would be
impracticable and would be unduly burdensome
on the property owner. The body hearing the
application for the PDP development order may
amend previously approved conditions and may
impose additional conditions of approval in
consideration of the deviation(s) previously
approved, as a condition of the PDP development
order or the continuation of any previously
approved deviation(s).
G. Appeals by any person aggrieved by
a decision concerning a requested deviation are
governed by § 8.9 of the Land Use and
Development Regulations.
(Ord. 107-07, 9-21-2009; Ord. 15-12, 9-10-2012;
Ord. 63-15, 1-25-2016)
§ 5.3 Reserved.
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§ 5.4 General environmental control criteria
and performance standards.
The general criteria and standards contained
herein are designed to ensure that all structures
and uses will be properly located and will have a
minimal adverse impact on the natural
environment and their surroundings. The Director
shall determine that the development proposed
meets the environmental control criteria and
performance standards and that the applicant has:
.1 The 1financial capacity and technical
ability to meet federal, state and local air and
water pollution control standards and has made
adequate provision for solid waste disposal, the
control of offensive odors, and the securing and
maintenance of sufficient and healthful water
supplies;
.2 Made adequate provision for parking and
traffic movement from the development site onto
public streets;
(Ord. 35-99, § 8, 6-3-1999)
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2016 S-34
§ 5.4
.3 Made adequate prov1s1on for fitting
development harmoniously into the existing
natural environment and will not adversely affect
existing uses, scenic character, natural resources
or property values in the surrounding areas; and
.4 Made adequate provisions to ensure that
the development will be built on soil types which
are suitable to the nature of the undertaking.
Cape Coral - Land Use and Development Regulations
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stucco. Non-textured concrete block with visible
mortar joints, even if painted, is not an acceptable
finished material.
8. Textured or ribbed concrete block,
e.g. "split-face block".
C. Reinforced concrete of any finish.
D. Glass or · other glazing, whether
transparent, translucent, or applied as a veneer.
For purposes of this subsection, glazing consists
of glass or any material that resembles glass
including, but not limited to, Plexiglass or
polycarbonate.
E. Stone or brick, including simulated
stone or brick.
F. Wood, other than plywood or T1-11
type paneling, if termite-resistant species,
pressure-treated, painted, or stained.
G. Fiber-reinforced cement panels or
boards.
H. Tile.
I. Architectural metal panels, provided
that corrugated metal panels shall not exceed
30% of the surface of any wall.
J. Vinyl siding, provided that vinyl siding
shall not exceed 30% of the surface of any wall.
.8 Roofs.
A. To minimize the bulky, boxy shape of
rooftop equipment, including but not limited to
air-cooled condensing and/or compressor
equipment, water cooling towers, fans, blowers,
and other mechanical or service equipment or
apparatus installed on roofs of buildings other
than attic vents or solar panels, all rooftop
equipment shall be screened on all sides in a
manner consistent with the architectural design of
the building. Such screening shallbe at least as
high as the highest portion of the equipment or
apparatus being screened.
B. Pitched roofs such as gable, hip,
shed or mansard roofs shall be clad with highly
durable materials such as standing seam metal,
slate, ceramic, or fireproof composite tiles.
Fiberglass and asphalt shingles are prohibited
except for dimensional grade or better.
C. All non-residential and compound
use ouildings are required to have variations in
rooflines and roof features that are consistent with
the building's mass and scale. In addition, roofs
2016 S-34
§ 5.6
shall include features from at least two of the
following five categories:
1. Decorative parapets;
2. A three dimensional cornice
treatment, a minimum of four inches high (not
applicable along any portion of a wall that is built
flush to the side lot line);
3. Varied roof lines with different
roof heights and or separate/distinct roof
segments that fall at different horizontal planes
above the cornice line;
4. Overhanging eaves that extend
at least 18 inches beyond the supporting walls,
with a minimum fascia of six inches in height (not
applicable along any portion of a wall that is built
flush to the side lot line);
5. Vertical variation in the roofs
ridge line with a minimum change in elevation of
two feet.
D. Roofs covering gas pumps. Roofs
that cover gas pumps, whether free-standing or
attached to another building, shall have a pitched
roof with a minimum pitch of 4/12 over the gas
pumps. A roof with a pitch of 4/12 would have a
minimum slope of 18.5%. Unless a roof with an
alternative design is approved by the DCD
Director or his designee, all roofs are required to
possess a pitched roof with a minimum pitch of
4/12. The DCD Director or his designee shall
consider the following two criteria in determining
whether to approve a roof with an alternative
design:
1. Whether the design of the roof
evokes exceptional expression through the use of
angularity, curvature, or other means; or
2. Whether the design of the roof
precludes visual monotony and enhances the
aesthetic character.
Flat and parapet roofs are prohibited.
.9 Equipment and Loading Areas.
A. Forall non-residential and compound
use developments in the city, air conditioning and
heating equipment, tanks used to store fuel or
other liquid or gas, and electric meters shall be
located or screened so as not to be visible from
any property line abutting a public street other
than an alley when viewed along a line
perpendicular or radial to such property line.
§ 5.6
Cape Coral - Land Use and Development Regulations
Screening shall consist of a wall, fence, or plant
material, or any combination thereof. Fences
used for screening shall not be constructed of
chain link with or without slats and are encouraged
to be designed to appear to be constructed of
material the same as the building, and to
incorporate architectural trim features consistent
with the building.
B. For properties located adjacent to a
residential future land use classification, all
loading areas shall be located or screened from all
property lines abutting the residential future land
use classification by a wall that is at least six feet
in height, which is constructed of the same
material as the building or is designed to appear to
be constructed of material the same as the
building, and that incorporates architectural trim
features consistent with the building, by an
earthen berm that is at least six feet in height, or
by a combination of wall and berm that is at least
six feet in height. For purposes of this subsection,
a property shall be deemed to be adjacent to a
residential future land use classification only when
all or part of the property line abuts a residential
future land use classification or when the property
is separated from such future land use
classification only by an alley, canal, basin, lake,
or other waterway. Properties that are entirely
separated from a residential future land use
classification by any public right-of-way (excluding
alleys and canals, basins, lakes or any other
waterway) shall not be deemed adjacent to such
residential future land use classification.
. 1 0 Deviations.
A. Deviations from the provisions of this
section may be approved by the Board of Zoning
Adjustment and Appeals (or the City Council in
PDPs that require the approval of the City Council
and as further provided herein) provided that the
deviation will not be contrary to the public interest
and will be in harmony with the general intent and
purpose of this section and where either of the
following applies:
1. Conditions exist that are not the
result of the applicant and which are such that a
literal enforcement of the regulations involved
would result in unnecessary or undue hardship; or
2016 S-34
3180
2. Literal conformity with the
regulations would inhibit innovation or creativity in
design.
B. In determining whether a particular
deviation request should be approved as the result
of unnecessary or undue hardship, factors the
Board of Zoning Adjustment and Appeals (or the
City Council, when applicable) shall consider
include, but are not limited to, the following: site
constraints such as shape, topography,
dimensions, and area of the property, the effect
other regulations would have on the proposed
development, or other locational factors that may
make compliance with this section impossible or
impracticable, the effect the requested deviation
would have on the community appearance
including, but not limited to, consideration of the
mass, scale, and other characteristics of a
proposed building relative to the characteristics of
existing and approved surrounding buildings
whether on the same or nearby sites, and the
relative visibility and character of equipment or
loading areas which are otherwise required to be
screened along with constraints on alternative
location of such equipment or loading areas.
Additionally, the Board of Zoning Adjustment and
Appeals (or the City Council, when applicable)
shall find that the approval of the deviation(s)
would serve the intent of this section to protect the
health, safety, and welfare of the public while
ensuring a high level of overall aesthetic appeal
and visual interest in the city.
C. In determining whether a particular
deviation request should be approved because
literal conformity with the regulations would inhibit
innovation or creativity in design, the Board of
Zoning Adjustment and Appeals (or the City
Council, when applicable) may approve the
request for deviation(s) if the applicant
demonstrates that the design of the building or
development for which one or more deviations is
sought is unique and innovative and, further, that
the approval of the deviation(s) would enhance
such unique and innovative design. Additionally,
the Board of Zoning Adjustment and Appeals (or
the City Council, when applicable) shall find that
the approval of the deviation(s) would serve the
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intent of this section to protect the health, safety,
and welfare of the public while ensuring a high
level of overall aesthetic appeal and visual interest
in the city. For purposes of this section, indicia of
unique and innovative design may include, but are
not limited to, the following:
1. Architectural details that are
unique or that are exceptional in quality by virtue
of artistic composition, quality of materials,
dimensional attributes, or any combination thereof;
2. 'Building forms that evoke
exceptional expression through use of angularity,
curvature, or other means;
3. Design elements or other forms
that achieve dynamic or symmetric aesthetic
balance; or
4. Other details or forms that
preclude visual monotony and are pleasing in
aesthetic character.
D. Requests for deviations and the
reasons therefor shall be set forth by the applicant
in the application for deviation and shall be
accompanied by documentation including, but not
limited to, sample detail drawings, schematic
architectural drawings, site plans, floor plans,
elevations, and perspectives which shall
graphically demonstrate the proposed deviation( s)
and illustrate how each deviation would operate to
the benefit, or at least not to the detriment, of the
public interest.
E. Subject to these standards and
criteria, the Board of Zoning Adjustment and
Appeals (or the City Council, when applicable)
shall approve only the minimum deviation from the
provisions of this section necessary to avoid either
the unnec,essary or undue hardship or the
inhibition of innovation or creativity in design. The
Board of Zoning Adjustment and Appeals (or the
City Council, when applicable) may impose
reasonaple conditions of approval in conformity
with this section. Violation of such conditions and
safeguards, when made a part of the terms under
which a deviation is granted, shall be deemed a
violation of this section and shall be enforceable
not only by revocation of the deviation, but also by
all other remedies available to the city, including,
but not· limited to, all code enforcement
procedures.
2016 S-34
§ 5.6
F. Deviations shall be heard by either
the Board of Zoning Adjustment and Appeals (or
the City Council, when applicable) under the
following circumstances:
·
1. When a Planned Development
Project (PDP) Development Order is not in effect
and r\o application for a PDP Development Order
is pending with the city for a particular
development or property, then the Board of Zoning
Adjustment and Appeals shall hear and determine
the request for deviation(s).
2. In the event a PDP application is
pending with the city, and a request for
deviation(s) is submitted-that would affect all or
any part of the property that would be subjectto
the PDP Development Order, if it were to be
approved, then the request for deviations shall be
reviewed and heard by the body that would review
and hear the PDP application pursuant to the
regulations for PDP approval. In the event a
request for deviation(s) is pending with the city,
and an application for a PDP Development Order
is filed with the city that would affect all or any part
of the property for which deviation(s) to the
requirements of this section are sought, then the
request for deviation(s) shall be heard by the body
that would review and hear the PDP pursuant to
the regulations for PDP approval.
The
deviation(s), if approved, may or may not, in the
discretion of the body approving them, bejncluded
in the PDP Development Order.
3. If all or any part of the property
for which a deviation is requested is currently
regulated by a PDP, an application may be
submitted for a deviation without requiring an
amendment to the PDP; however, the application
for deviation must be reviewed and considered for
adoption by the same governing body that
adopted the PDP. If the PDP was adopted by the
Planning and Zoning Commission, then the
deviation must be reviewed and considered for
adoption by the Planning and Zoning Commission.
If the PDP was adopted by the City Council, then
the deviation must be reviewed for
recommendation by the Planning and Zoning
Commission, then reviewed and considered for
adoption by the City Council.
,I
§ 5.6
Cape Coral - Land Use and Development Regulations
318F
Q
4. If all or any part of the property
for which an application for a PDP Development
Order is filed has previously been approved for
one or more deviation(s) to the requirements of
this section, then the previously approved
deviation(s) may be reconsidered by the body
considering the PDP Development Order, subject
to the conditions identified herein.
The
deviation(s) may be revoked, amended, or remain
unchanged by the body hearing the PDP
application provided, however, that a deviation
shall not be revoked for any building on the site
that has either been completed or so substantially
constructed that revocation of the deviation at the
time the PDP Development Order is considered
would be impracticable and would be unduly
burdensome on the property owner. The body
hearing the application for the PDP Development
Order may amend previously approved conditions
and may impose additional conditions of approval
in consideration of the deviation(s) previously
approved, as a condition of the PDP Development
Order or the continuation of any previously
approved deviation(s).
G. Appeals by any person aggrieved by
a decision concerning a requested deviation are
governed by § 8.9 of the Land Use and
Development Regulations.
(Ord. 84-07, 5-12-2008; Ord. 62-15, 1-25-2016)
§ 5. 7 Development incentive program.
.1 Intent. The purpose of the development
incentive program (DIP) is to encourage
developers to provide development features that
are not mandatory, but which would provide
benefits to the community in which the
development is located. Developers are
encouraged to provide the creditable features by
enabling them to qualify for densities and
intensities that exceed the baseline densities and
intensities specified by the zoning district. This
program is available only to development within
zoning districts which specifically allow
participation in the DIP. The DIP is not applicable
within any downtown district.
.2 Framework. Participation in the DIP is
voluntary. The city allows increased densities and
or intensities, in return for creditable features that
2016 S-34
a developer provides. The maximum density
and/or non-residential intensity floor area ratio
(FAR) allowed within the zoning district in which
the project is located shall not be exceeded. The
creditable features are attributes of a project that
will provide benefiti to the community but which
the city does not wish to require of every
developer. There are nine categories of creditable
features. The
increase in density and/or
non-residential intensity provided by the program
is commensurate with a point system provided
herein. Site and/or area-wide constraints, public
facility capacity limitations, and/or regulatory
controls may limit the achievement of densities
and intensities offered under this program.
.3 Public Improvement Fund (PIF). The
Public Improvement Fund (PIF) is established to
fund facilities and infrastructure enhancements to
mitigate effects of increasing densities or
intensities in the general vicinity where such
increased densities and/or intensities are
approved. Contributions to the city's Public
Improvement Fund (PIF) can be made in
accordance with the Development Incentive
Program Table of Creditable Features.
Contributions collected under PIF will be used by
the city to make public improvements along
corridors where developments achieve additional
development through awards under this category.
Monies from the PIF may be used for, but are not
limited to, the following types of public
improvements: public parks, bike and or
pedestrian paths, greenbelt and nature trails,
plantings, government facilities and infrastructure
improvements. The City Manager shall prepare
and submit to the City Council an annual report on
the status of the Public Improvement Fund (PIF).
The report shall include the fund balance and
describe improvements funded. The City Council
shall approve all expenditures of PIF, consistent
with existing financial policies and requirements.
.4 Exceeding baseline residential density
and intensity limitations. For each dwelling unit per
acre in a project that would exceed the baseline
density, the project would need to qualify for 100
credit points. For each increase of 0.1 FAR per
acre exceeding the baseline FAR, the project
would need to qualify for 100 credit points. The
Q
Q
318G
0
0
Supplementary Development Regulations
credit points used to qualify for additional density
cannot also be used for additional intensity.
Similarly, the credit points used to qualify for
additional intensity cannot also be used for
additional density.
.5 Credit points and categories of creditable
features.
A. The total points that would need to
be achieved to realize the requested residential
density and/or the requested non-residential
intensity, above the baseline densities
and
intensities, per acre, are as follows.
1. Density, expressed in dwelling
units per acre.
(Requested Density - Baseline Density) x (100
points per dwelling unit per acre)= Points needed
to attain requested density.
Example: Located within a zoning district that has
a baseline density of 4.4 dwelling units per acre
(DU/acre) and a maximum density in
non-compound use buildings of 16 DU/acre, a
developer requests the maximum available density
of 16. DU/acre, 11.6 DU/acre in excess of the
baseline density,
(Requested Density - Baseline Density) x (100
points/DU/acre) = Points
needed to attain
requested density;
(16 DU/acre - 4.4 DU/acre) x 100 points 1, 160
points
2.
Intensity, expressed in floor area
ratio (FAR).
[(Requested Intensity - Baseline Intensity) + 0.11
x (100 points/DU/acre) - Points needed to attain
requested intensity.
Example: Located within a zoning district that has
a baseline intensity, FAR of 2.0, and a maximum
intensity, FAR of 4.0, a developer requests the
maximum available intensity, FAR of 4.0, 2.0 in
excess of the baseline intensity,
0
2016 S-34
§ 5.7
Requested Intensity - Baseline Intensity 4-0.1
x100 • mils = Points needed to attain requested
intensity
[(4.0 -
2.0) + 0.1] x 100 points = 2,000 points
3. Unless the City Council has
approved a waiver for these requirements, a
project, in order to qualify for increased density
and/or intensity, must provide creditable features
in at least four of the nine categories, and a
maximum of 25% of the differential between the
permitted baseline densities and/or intensities.
4. A developer may apply for a
waiver from the requirement that a project. in
order to qualify for increased density and/or
Cape Coral - Land Use and Development Regulations
318H
0
0
0
Comparative Table
0
0
6A
LAND USE SECTION
ORDINANCE#
FILENAME
DATE
Sec. 3.10
17-07
swimmingpoolsnewconstr
10-1-2007
Sec. 3.12
60-99
po pups
12-13-1999
Sec. 3.12
6-00
parking
2-28-2000
Sec. 3.12(.1) & (.3)
62-02
comvehicles
6-17-2002
Sec. 3.12(.1)- (.3)
61-04
rvparking
6-1-2004
Sec. 3.12(.2)
73-02
rvparking
8-12-2002
Sec. 3.12(.2)
122-02
rvparking
12-9-2002
Sec. 3.12(.4)
1-13
rv/truckparking
3"11-2013
Sec. 3.12(.7)
115-03
pkgvaclot
11-10-2003
Sec. 3.12(.9)
31-05
pkgvaclotcraarea
3-7-2005
Sec. 3.13
38-09
variationculdesaclots
8-3-2009
Sec. 3.14
107-07
protectioneasements
9-21-2009
Sec. 3.14(.1-.6)
68-04
protectioneasements
6-8-2004
Sec. 3.14(.3)
16-07
protectioneasements
4-23-2007
Sec. 3.16
63-99
dock3
11-29-1999
Sec. 3.16
28-11
dockstandards
6-20-2011
Sec. 3.16
38-13
marineimprovements
8-5-2013
Sec. 3.16(.1)
26-04
boatcanopy
3-8-2004
Sec. 3.16(.1)(.2)(.8)
35-09
marineimprovements
8-3-2009
Sec. 3.16(.2)(.8)
102-04
dockladders
8-23-2004
Sec. 3.16(.2)
111-04
boatcanopyextension
9-7-2004
Sec. 3.16(.2)
9-15
boatcanopyextension
4-7-2015
Sec. 3.16(.3)
36~08
marineimpapplic
4-28-2008
Sec. 3.16(.9)
9-15
marineimpdeviations
4-7-2015
Sec. 3.17
91-05
sidewalksalleys
11-14-2005
Sec. 3.17(.1)
82-07
sidewalksalleys
8-20-2007
Sec. 3.17(.1)
27-13
sidewalksalleys
11-25-2013
Sec.3.19
170-06
occlic-businesstaxdiv
12-11-2006
Sec. 3.20
170-06
occlic-businesstaxdiv
12-11-2006
0
2015 S-30
68
Cape Coral - Parallel References
Q
LAND USE SECTION
ORDINANCE#
FILENAME
DATE
Sec. 3.21
94-01
miscfees
12-3-2001
Sec. 3.21
79-07
garagesalesonline
7-30-2007
Sec. 3.21
24-09
garagesales
7-20-2009
Sec. 3.23
4-16
borrowpits
2-8-2016
Sec. 3.24
91-05
rightofwaydwntwn
11-14-2005
Sec. 3.24
103-06
rightofwaymailbox
8-28-2006
Sec. 3.24
171-06
rightofwaytrees
2-5-2007
Sec. 3.24
107-07
rightofwaycity
9-21-2009
Sec. 3.24(.3)
16-07
cityrightofwayinst
4-23-2007
Sec. 3.26
75-00
assmts
8-14-2000
Sec. 3.26 (.1 )&(.2)
39-05
Special events
8-21-2006
Sec. 3.26
17-15
Special events
6-15-2015
Sec. 3.27 (est. section)
125-06
distribelectricsubstation
10-23-2006
Sec. 3.28
21-11
dogsinfoodservestab
6-6-2011
Sec. 3.29
25-13
newsracksandvendingmachines
7-15-2013
Q
Q
2016 S-34
Comparative Table
0
0
7
LAND USE SECTION
ORDINANCE#
FILENAME
DATE
Sec. 4.1
91-05
landdevprocesses
11-14-2005
Sec. 4.1 (.1) - (.2)
16-07
generalinstitutionalzoning
4-23-2007
Sec. 4.2
13-00
pdpmod
3-13-2000
Sec. 4.2
91-05
pdpproceduredowntwn
11-14-2005
Sec. 4.2
1-08
planneddevprojectprocedure
3-10-2008
Sec. 4.2(.4)
128-02
pdpundergroundutilities
4-14-2003
Sec. 4.2(.4)
125-05
pdpprocurbansvcsarea
10-11-2005
Sec. 4.2(.4)
16-07
pdpprojprocedure
4-23-2007
Sec. 4.2(.4)
94-08
pdpprojprocedure
9-8-2008
Sec. 4.2(.4)
8-15
pdpprojprocedure
4-7-2015
Sec. 4.2(.5)
82-00
pdpamend
8-28-2000
Sec. 4.2(.5)
87-03
pdpprocedure
9-8-2003
Sec. 4.2(.5)
172-05
pdppocedures/amendmnts
1-23-2006
Sec. 4.2(.5)
15-12
pdppocedures/amendmnts
9-10-2012
Sec. 4.2(.5)
8-15
pdppocedures/amendmnts
4-7-2015
Sec. 4.2(.6)
8-15
pdppocedures/plansubmission
4-7-2015
Sec. 4.4
91-05
siteplanreviewprocedure
11-14-2005
Sec. 4.4
1~08
siteplanreview procedures
3-10-2008
Sec. 4.4
107-07
siteplanreview procedures
9-21~2009
Sec. 4.4(.2)
16-07
siteplanreviewprocedure
4-23-2007
Sec. 4.4(.4)
15-12
siteplanreviewprocedure
9-10-2012
Sec. 4.5(1,.4,.7)
82-07
transfdevrights
8-20-2007
Sec. 5.1
91-05
pkyspacesdowntown
11-14-2005
Sec. 5.1
102-07
pkyspacesdowntown
9~10-2007
·Sec. 5.1
15-12
pkyspacesdowntown
9-10-2012
Sec. 5.1(.7)
31-14
artisanalcoholandbrewpub
10-20-2014
Sec. 5.2
107-07
landscaping
9-21-2009
Sec. 5.2
15-12
landscaping
9-10-2012
Sec. 5.2
27-13
landscaping
11-25-2013
0
2015 S-30
'
Cape Coral - Parallel References
8
Q
LAND USE SECTION
ORDINANCE#
FILENAME
DATE
Sec. 5.2(.8)
88-01
treeprohibit
12-3-200
Sec. 5.2(.8F)
103-06
generalimitations
8-28-2006
Sec. 5.2(.9)
81-04
est/zon/dis/addinstit/deless
8,2-2004
Sec. 5.2(.9)
16-07
landscapingrequirements
4-23-2007
Sec. 5.2(.10), (.15)
63-15
landscaping
1-25-2016
Sec. 5.3
88-01
treeprohibit
12-3-2001
Sec. 5.3
103-06
plantingmedianslateralROW
8-28-2006
Sec. 5.3
107-07
plantingmedianslateralROW
9-21-2009
Sec. 5.5
1-08
cityrowreservationacquisitionstands
3-10-2008
Sec. 5.6
84-07
nonresdsgnstds
5-12-2008
Sec. 5.6(.2)
15-12
nonresdsgnstds
9-10-2012
Sec. 5.6(.8)
62-15
nonresdsgnstds
1-25-2016
Sec. 5.7
83-07
devincentiveprogram
8-6-2007
Secs. 6.1.1 - 6.3.7
5-14
flooddamageprevention
3-31-2014
Secs. 6.1 - 6.6
81-08
flooddamageprevention
8-11-2008
Secs. 6.1 - 6.6
67-11
f!ooddamageprevention
12-12-2011
Sec. 6.2
91-05
floodproofingmarketvalue
11-14-2005
Sec. 6.4
91-05
menuboarddisplaybox
11-14-2006
Sec. 6.5
91-05
floodhazardreductiondowntwn
11-14-2005
Sec. 6.5(8)
16-07
provfloodhazreduction
4-23-2007
Secs. 7.i - 7.13, 7.157.18
29-·13
signs
9-30-2013
Sec. 7.3
110-02
bldg code
12-3-2002
Sec. 7.4
110-02
definitions
12-3-2002
Sec. 7.4
111-00
flag std
11-20-2000
Sec. 7.4
90-05
deftemppatrioticsigns
8-1-2005
Sec. 7.4
60-6
defmultbussites/offsitesign
5-30-2006
Sec. 7.6
91-05
prohibitedsigns
11-14-2005
Sec. 7.6
60-6
prohibitedsigns
5-30-2006
Sec. 7.6
11-09
prohibitedsigns
5-4-2009
Sec. 7.6
15-12
prohibitedsigns
9-10-2012
Sec. 7.6
18-14
prohibitedsigns
6-9-2014
2016 S-34
Q
0
0
REFERENCES TO FLORIDA STATUTES
0
0
F.S. Reference
Code Section
44.401 through 44.406
120.569
120.57
125
160
161
161.053
161.055
161.54
161.141
163
163.3161 et seq.
163.3180(12)
163.3180(16)
163.3180(16)(e)
163.3220
163.3220 through 163.3243
163.340
166
166.041
177
187
201.02
258
316.006
316.008
320.8249
320.8325
366.02
372
373
373.036
377.24(6)
378
380
380.04
380.06
381.0065
400.402 .
402.302(2)
402.302(7)
402.302(8)
403
464
481, Part II
3.27
8.13
8.13
8.13
11.1
8.13
6.2.2
6.1.4.7
6.3.1.2
6.1.4.7
4.5, 8.13, 8.9, 9.1
1.3
1.5
1.5
1.5
1.4
1.4
11.1
8.13
8.3
4.2, 5.5
8.13
4.5
8.13
3.12
3.12
6.3.4.1
3.2
6.1.4.2.1
8.13
8.13
6.1.4.7
3.23
8.13
1.4
8.13
11.1
6.1.4.7
11.1
11.1
11.1
11.1
8.13
11.1
5.2
11
2016 S-34
12
Cape Coral - Parallel References
0
F.S. Reference
Code Section
489
509.233
553.73
553.73(5)
553. 73(1 O)(k)
604.50
3.10
3.28
12.2
6.1.7.1
6.1.4.2.1
6.1.4.2.1
0
0
2014 S-26
19
References to Ordinances
0
0
0
2014 S-26
Ord. No.
Date Passed
Code Section
82-07
102-07
17-07
120-07
1-08
8-20-2007
9-10-2007
10-1-2007
10-29-2007
3-10-2008
29-08
36-08
84-07
146-07
66-08
70-08
94-08
96-08
102-08
106-08
124-08
133-08
5-09
24-09
25-09
26-09
28-09
35-09
36-09
37-09
38-09
107-07
64-09
67-09
6-10
4-14-2008
4-28-2008
5-12-2008
6-2-2008
39-10
62-10
69-10
90-10
2-11
7-11
9-11
21-11
28-11
46-11
71-11
4-12
8-9-2010
8-9-2010
10-18-2010
3-14-2011
3-14-2011
5-2-2011
5-2-2011
6-6-2011
6-20-2011
10-17-2011
2-6-2012
2-27-2012
2.1, 2.7, 3.9, 3.17, 4.5
2.7, 5.1, 11.1
3.10
12.1, 12.3, 12.4
4.2, 4.4, 5.5, 8.3, 8.7, 8.11, Art.
11.1
2.1, 2.7
3.16
5.6, 11.1
2.1, 2.7
2.7.14
2.7.1 - 2.7.5
4.2.4
3.2.1
3.8, 3.9
2.7.8
3.9
2.7.13
2.7.12
3.21
3.7
3.2
12.1, 12.2, 12.4
3.16
2.6
8.7, 8.11
3.13
2.7, 3.14, 3.24, 4.4, 5.2
8.13
2.7
2.5.5, 2.7.7, 2.7.8, 2.7.12,
2.7.13, 11.1
2.6
3.9
I
2.7,11.1
2.7.18
2.7.7
2.7.4
2.7.7, 2.7.8
3.28
3.16
3.3
2.7.7
2.4
8-11~2008
8-25-2008
9-8-2008
9-8-2008
10-6-2008
10-6-2008
12-8-2008
1-26-2009
3-23-2009
7-20-2009
7-20-2009
7-20-2009
8-3-2009
8-3-2009
8-3-2009
8-17-2009
8-3-2009
9-21-2009
12-14-2009
3-1-2010
5-24-2010
20
Cape Coral - Parallel References
Ord. No.
Date Passed
15-12
9-20-2012
36-12
1-13
25-13
26-13
27-13
29-13
38-13
61-13
68-13
71-13
5-14
6-14
18-14
21-14
28-14
30-14
31-14
12-10-2012
3-11-2013
7-15-2013
6-3-2013
11-25-2013
9-30-2013
8-5-2013
12-9-2013
1-13-2014
1-14-2014
3-31-2014
3-31-2014
6-9-2014
8-4-2014
9-29-2014
10-20-2014
10-20-2014
8-15
4-7-2015
4-7-2015
4-7-2015
6-15-2015
8-31-2015
1-25-2016
1-25-2016
2-8-2016
9~15
I
10-15
17-15
36-15
62-15
63-15
4-16
Code Section
2.1, 2.6, 2.7.15, 2.7.16, 2.7.17,
3.2, 3.3, 3.4, 3.8, 3.9, 4.2, 4.4,
5.1, 5.2, 5.6, 11.1
3.1
2.5, 2.7.11, 3.12.4, 11.1
3.29
3.9
2.1.2, 2.7.21, 3.17, 5.2
7.1 - 7.13, 7.15-7.18
3.16
11.1
3.1
2.7.18
6.1.1 -6.1.8, 6.2.1, 6.3.1 -6.3.7
12.1, 12.2, 12.3, 12.4
7.6, 7.7, 7.9, 7.11, 7.14- 7.18
8.10
.3.9
2.7.15, Art. 11.1
2.7.7, 2.7.10, 2.7.12, 2.7.13,
2.7.18, 5.1.7
4.2.4, 4.2.5, 4.2.6
3.16.2, 3.16.9
2.7.14
3.26
2.7.10, 2.7.13, 2.7.15, 11.1
5.6.8
5.2.10, 5.2.15
3.23
0
0
0
2016 S-34
Index
0
AGRICULTURAL DISTRICT, 2. 7 .11
Permitted uses, B.
Purpose and intent, A.
Special exception uses, C.
Special regulations, D.
ALLEYS
Commercial, Professional, and Downtown Zoning Districts, 3.17 .1
Residential, 3.17 .2
AMENDMENTS TO ORDINANCE
Amendment defined, 8.7.2
Amendment procedures, 8.7.6
Consistency with Comprehensive Plan and general standards, 8.7.3
Origination of amendment proposal, 8. 7.4
Public notice cost to be borne by petitioner, 8. 7. 7
Purpose and intent, 8.7.1
Rejected proposed zoning amendments, 8.7.5
0
APPEALS
Exercise of power, 8.9.2
Judicial remedy by local court of record, 8.9.5
Procedures, appeals to the Council shall be as follows, 8.9.3
Purpose and intent, 8.9.1
Stay of work and proceedings, 8.9.4
APPLICATIONS, ·8.2
ARCHITECTURAL REVIEW COMMISSION, 9.3
AUTOMOTIVE USES, 3.3.6
BANNERS, 7.11.2
BOARD OF ZONING ADJUSTMENT AND APPEALS
Establishment, 9.2.1
Exercise of power; powers and duties, 9.2.3
Quorum; organization; rules and records, 9.2.2
BOARDING HOUSES, 3.3.5
BOATS AND BOAT TRAILERS, 3.12.6
0
BORROW PITS
Excavations, removal, or extraction for purposes of oil or gas exploration or production, 3.23.3
Procedure, 3.23.4
Removal or extraction of dirt, soil and sand, 3.23.1
Removal or extraction of rock, gravel, shell, aggregate or marl, 3.23.2
BUILDING CODE, 12.1, 12.2
2016 S-34
5
6
Cape Coral - Index
BUILDING CODES GENERALLY
Adoption of codes: Florida Building Code, the National Electrical Code, International
Property Maintenance Code, and Engineering Design Standards, 12.1
Florida Building Code
Building, 2010, 12.2
Existing Building, 12.3
International Property Maintenance Code, 2012 Edition, 12.4
0
BUILDING/FIRE CODE CONFLICT RESOLUTION BOARD
Designation of Board, 9.5.2
Financial support and staff assistance, 9.5.4
Powers and duties, 9.5.3
Purpose and creation, 9.5.1
BUILDING NUMBERS REQUIRED, 3.6
BUILDING PERMITS
Duration, 8.5.5
Permit required prior to construction or alteration, 8.5.2
Procedures, 8.5.3
Purpose and intent, 8.5.1
Validity and compliance, 8.5.4
C-1 PEDESTRIAN COMMERCIAL DISTRICT, 2.7.7
Permitted uses, B.
Purpose and intent, A.
Special exception uses, C.
Special regulations, D.
0
C-3 OVERLAY DISTRICT, 2.7.8.E.
C-3 THOROUGHFARE COMMERCIAL DISTRICT, 2.7.8
C-3 Overlay District, E.
Permitted uses, B.
Purpose and intent, A.
Special exception uses, C.
Special regulations, D.
CAPE CORAL ENGINEERING DESIGN STANDARDS, 12.1
CERTIFICATE OF USE
Certificate of use required prior to every occupancy and/or change of use and/or owner of
business, 8.6.1
Exceptions, 8.6.2
Procedures, 8.6.3
CIRCULATION FACILITIES
Appeals, 5.1.4
Downtown Zoning Districts, 5.1. 7
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CIRCULATION FACILITIES (Cont'd)
General design principles, 5.1.3
Off-street parking facilities, 5.1.2
Purpose and intent, 5.1.1
Special regulation for condition of parked vehicles, 5.1.5
Table of parking standards, 5.1.6
CITY RIGHT-OF-WAY RESERVATION AND ACQUISITION STANDARDS
City Council responsibility for municipal road system, 5.5.1
Design and City Council approval of a right-of-way notification map, 5.5.2
CLUBHOUSES, PRIVATE, 3.15
CONCURRENCY REQUIREMENTS, 1.4
CONFLICT WITH OTHER INSTRUMENTS, 1.6
CONSTRUCTION PLANS; COMMON EASEMENTS; SETBACK FOR DAVITS, 3.16.6
CONSTRUCTION STANDARDS, 3.16.8
CONSTRUCTION TRAILERS, 3.2.2
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COPY OF ORDINANCE ON FILE, 1.2
CORNER LOTS, 3.8.2
CORRIDOR DISTRICT (CORR), 2.7.13
Architectural requirements, G.
Commerce Park Overlay, J.
Dimensional regulations, E.
Large retail projects within, H.
Permitted uses, B.
Purpose and intent, A
Signs, I.
Site plan requirements, F.
Special exception uses, C.
Special regulations, D.
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CUL-DE-SACS, 5.2.17
Cul-de-sac lots, variations
Application, 3.13.3
Building permit, 3.13.5
Definition, 3.13.1
Procedure, 3.13.4
Purpose, 3.13.2
DEFINITIONS GENERALLY, 11.1
DEVELOPMENT IDENTIFICATION SIGNS, 7.11.1
DEVELOPMENT INCENTIVE PROGRAM
Applications for the development incentive program (DIP), 5.7.7
Credit points and categories of creditable features, 5.7.5
Exceeding baseline residential density and intensity limitations, 5.7.4
Framework, 5.7.2
Intent, 5. 7.1
Public Improvement Fund (PIF), 5.7.3
Standards for approval of enhanced density and/or enhanced intensity pursuant to the DIP, 5.7.6
DEVELOPMENT RIGHTS, TRANSFER
Calculation of development rights, 4.5.5
Conditions for transfer of development rights approval, 4.5.6
Definitions, 4.5.2
Designation of receiving zones, 4.5.4
Designation of sending zones, 4.5.3
Development rights transfer procedure, 4.5.7
Land banking program, 4.5.9
Official zoning map and Future Land Use Map, 4.5.8
Purpose, 4.5.1
Q
DIP, see DEVELOPMENT INCENTIVE PROGRAM
DIRECTIONAL SIGNS, 7.11.3
DIRT EXTRACTION, ETC., PROCEDURES
Excavations, removal, or extraction for purposes of oil or gas exploration or production, 3.23.3
Procedure, 3.23.4
Removal or extraction of dirt, soil and sand, 323.1
Removal or extraction of rock, gravel, shell, aggregate or marl, 3.23.2
DISPLAY OF MERCHANDISE, 3.4
DISPUTE RESOLUTION
Administrative appeals and judicial review, 8.13.5
Conduct of the Special Magistrate proceeding, 8.13.9
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PUBLIC HEARINGS
Conduct of public hearings, 8.3.1
Procedures for public hearings to consider Comprehensive Plan amendments, 8.3.4
Required notice for public hearings, 8.3.2
Special procedures for public hearings to consider ordinances that change permitted,
special exception or prohibited use categories in zoning districts, and rezoning amendments
initiated by the governing body or the Planning and Zoning Commission/Local Planning
Agency, 8.3.3
PUBLIC IMPROVEMENT FUND (PIF), 5.7.3
PURPOSE OF ORDINANCE, 1.3
R-3 MULTI-FAMILY RESIDENTIAL DISTRICT, 2.7.2
Permitted uses, B.
Purpose and intent, A
Special exception uses, C.
Special regulations, D.
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RD RESIDENTIAL DEVELOPMENT DISTRICT, 2.7.3
Permitted uses, B.
Purpose and intent, A
Special exception uses, C.
Special regulations, D.
RE RESIDENTIAL ESTATE DISTRICT, 2.7.4
Permitted uses, B.
Purpose and intent, A
Special exception uses, C.
Special regulations, D.
RECONSIDERATION OF ACTION, 8.4
REMEDIES AND PENALTIES
Other remedies preserved, 10.2.3
Penalties, 10.2.2
Remedies, 10.2.1
RESERVATION AND ACQUISITION STANDARDS
City Council responsibility for municipal road system, 5.5.1
Design and City Council approval of a right-of-way notification map, 5.5.2
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RIGHTS-OF-WAY
City-owned right-of-way
General, 3.24.1
No permit required, 3.24.2
Permit required, 3.24.3
Utilities, 3.24.6
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RIGHTS-OF-WAY (Cont'd)
City right-of-way reservation and acquisition standards
City Council responsibility for municipal road system, 5.5.1
Design and City Council approval of a right-of-way notification map, 5.5.2
Maintenance of city right-of-way, 3.25
Vacation of plats, rights-of~way and other property
Generally, 8.11.2
Plat vacation procedures; notice, 8.11.3
Purpose and intent, 8.11.1
Right-of-way vacations, 8.11.4
0
RIGHTS-OF-WAY VACATION
Generally, 8.11.2
Plat vacation procedures; notice, 8.11.3
Purpose and intent, 8.11.1
Right-of-way vacations, 8.11.4
ROCK EXTRACTION, ETC.; PROCEDURES
Excavations, removal, or extraction for purposes of oil or gas exploration or production, 3.23.3
Procedure, 3.23.4
Removal or extraction of dirt, soil and sand, 3.23.1
Removal or extraction of rock, gravel, shell, aggregate or marl, 3.23.2
ROOMING HOUSES, 3.3.5
RX RESIDENTIAL RECEIVING DISTRICT, 2.7.5
Permitted uses, B.
Purpose and intent, A.
Special exception uses, C.
Special regulations, D.
Supplemental regulations, E.
u
SAFETY RAILS, 3.10.1
SALES OFFICES, TEMPORARY, 3.2.1
SAND EXTRACTION, ETC.; PROCEDURES
Excavations, removal, or extraction for purposes of oil or gas exploration or production, 3.23.3
Procedure, 3.23.4
Removal or extraction of dirt, soil and sand, 3.23.1
Re.moval or extraction of rock, gravel, shell, aggregate or marl, 3.23.2
SCHEDULE OF LANDU.SE CLASSIFICATIONS
Land use classifications, 2.5.5
,
Permitted uses, 2.5.1
Special exception uses, 2.5.2
Special exception uses not non-conforming uses, 2.5.3
SEASONAL FUNDRAISING EVENTS, 3.4
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SEAWALLS
Application, 3.16.3
Construction plans; common easements; setback for davits, 3.16.6
Construction standards, 3.16.8
Definitions, 3.16.1
Deviations, 3.16.9
Mandatory seawalls required; saline or brackish water, 3.16.4
Non-conformities, 3.16. 7
Seawalls; fresh or nonsaline water, 3.16. 5
Standards, 3.16.2 .
SHORT TITLE, 1.1
SHRUBBERY,, 3.9
SIDEWALKS
Commercial, Professional, and Downtown Zoning Districts, 3.17 .1
Residential, 3.17.2
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SIGNS
Compliance with codes and ordinances required, 7.3
Definitions, 7 .6
Deviations, 7 .18
Exempt signs, 7.9
Maximum total sign area per site
Non-residential uses in all zoning districts, 7 .15.2
Residential uses in residential zoning districts, 7.15.1
Miscellaneous signs
Banners, 7.11.2
Development identification signs, 7 .11.1
Directional signs, 7 .11.3
Flagpoles and flag standards, 7 .11.6
Gasoline pricing signs, 7 .11.4
Model home and model-condominium signs, 7 .11.5
Non-conforming existing signs
Annexation, effect on sign compliance, 7 .17 .2
Exceptions, 7 .17.4
Non-conforming sign compliance, 7 .17 .1
Restrictions on permitting certain non-conforming signs, 7 .17 .3
Prohibited signs, 7.7
Purpose and intent, 7 .1
Requirements applicable to all signs
Computation of
Height, 7 .14.2
Sign area, 7.14.1
Illumination, 7.14.4
Location of signs on property, 7.14.3
Scope of regulations, 7 .2
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SIGNS (Cont'd)
Sign permits
Identification, 7.13.5
Lapse, 7.13.4
Procedure, 7.13.2
Removal, 7.13.6
Required, 7 .13.1
Submission requirements, 7.13.3
Signs which require permits, 7.12
Severability, 7.5
Substitution, 7.4
Unified sign plan, 7.16
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SINGLE-FAMILY RESIDENTIAL DISTRICTS (R-1A and R-1 B), 2.7.1
Permitted uses (all districts}, B.
Purpose and intent, A.
Special exception uses (all districts}, C.
Special regulations, D.
SITE PLAN REVIEW PROCEDURE
Applicability, 4.4.2
Conditions, safeguards and limitations, 4.4.5
Expiration, 4.4.7
Modifications; amendments, 4.4.8
Phasing, 4.4.9
Procedures, 4.4.6
Prohibition, 4.4.3
Purpose and intent, 4.4.1
Site plan review application requirements, 4.4.10
Standards, 4.4.4
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SOIL EXTRACTION, ETC.; PROCEDURES
Excavations, removal, or extraction for purposes of oil or gas exploration or production, 3.23.3
Procedure, 3.23.4
Removal or extraction of dirt, soil and sand, 3.23.1
Removal or extraction of rock, gravel, shell, aggregate or marl, 3.23.2
SOLAR SCREENS, 3.10.1
SORORITY HOUSES, 3.3.5
SOUTH CAPE DOWNTOWN DISTRICT (SC)
Permitted and special exception uses, C.
Purpose and intent, A.
Special regulations, D.
Street designation and rights-of-way, B.
SPECIAL EVENTS
Definitions, 3.26.1
Requirements, standards, and restrictions, 3.26.2
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SUPPLEMENTARY DISTRICT REGULATIONS GENERALLY (Cont'd)
Borrow pits; regulation of removal or extraction of dirt, soil, sand, rock, oil, gas, etc; procedures
Excavations, removal, or extraction for purposes of oil or gas exploration or production, 3.23.3
Procedure, 3.23.4
Removal or extraction of dirt, soil and sand, 3.23.1
Removal or extraction of rock, gravel, shell, aggregate or marl, 3.23.2
Building numbers required, 3.6
City-owned right-of-way
General, 3.24.1
No permit required, 3.24.2
Permit required, 3.24.3
Utilities, 3.24.6
Distribution electric substation, 3.27
Dogs in food service establishments, 3.28
Excavations; protection of underground pipelines and utilities
Definitions, 3.22.2
Intent, 3.22.1
Notice requirements for excavation, 3.22.3
Notice requirements when marking of lines is necessary, 3.22.4
Penalties for violation, 3.22.5
Fences, shrubbery, walls, 3.9
Garage sales not to be considered home occupation or business; regulations, 3.21
General regulations for lots and yards
Corner lots, 3.8.2
Double frontage other than corner lots, 3.8.1
Prohibitions, 3.8.3
Home businesses conducted in or from residential premises
Definition, 3.20.1
Establishment of home businesses, 3.20.2
Exemption from payment of fee, 3.20.4
Intent of section, 3.20.5
License fees, 3.20.3
Penalty, 3.20.6
Home occupations conducted within residential premises
Definitions, 3.19.1
Establishment of home occupations, 3.19.2
Intent of section, 3.19.3
Penalty, 3.19.4
Industrial, 3.18
Maintenance of city right-of-way, 3.25
Marine improvements
Application, 3.16.3
Construction plans; common easements; setback for davits, 3.16.6
Construction standards, 3.16.8
Definitions, 3.16.1
Deviations, 3.16.9
Mandatory seawalls required; saline or brackish water, 3.16.4
Non-conformities, 3.16.7
Seawalls; fresh or nonsaline water, 3.16.5
Standards, 3.16.2
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SUPPLEMENTARY DISTRICT REGULATIONS GENERALLY (Cont'd)
Newsracks and newspaper vending machines, 3.29
Outdoor display of merchandise; temporary off-site vehicle sales; seasonal fundraising events, 3.4
Parking of stored vehicles, 3.11
Parking of vehicles and trucks within the city
Authority to signpost designated areas, 3.12.10
Boats and boat trailers, 3.12.6
Definitions, 3.12. 1
Exemptions, 3.12.9
Hotel and motel parking provisions, 3.12.5
Parking regulations for property zoned industrial and agricultural, 3.12.4
Parking regulations for property zoned multi-family residential, 3.12.3
Parking regulations for property zoned single-family residential, 3.12.2
Vacant lots, 3. 12. 7
Vehicles and trailers for sale, 3.12.8
Private clubhouses, 3.15
Protection of easements, 3.14
Sidewalks and alleys
Commercial, Professional, and Downtown Zoning Districts, 3.17.1
Residential, 3.17.2
Special events
Definitions, 3.26.1
Requirements, standards, and restrictions, 3.26.2
Specific use regulations
Automotive and watercraft uses, 3.3.6
Boarding or rooming houses, fraternity or sorority houses and dormitories, 3.3.5
Junkyards, 3.3.7
Lodging houses, 3.3.4
Multi-family residential, 3.3.2
Property zoned commercial, professional, or industrial, 3.3.3
Single-family residential, 3.3.1
Swimming pools
Location of pools; fencing, safety rails; solar screens, 3.10.1
Portable swimming pools, 3.10.2
Temporary uses
Construction trailers, 3.2.2
Temporary habitable structures, 3.2.4
Temporary sales offices, 3.2.1
Temporary storage containers, 3.2.3
Variation; cul-de-sac lots
Application, 3.13.3
Building permit, 3.13.5
Definition, 3.13.1
Procedure, 3.13.4
Purpose, 3.13.2
Visibility triangles, 3. 7
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SWIMMING POOLS
Location of pools; fencing, safety rails; solar screens, 3.10. 1
Portable swimming pools, 3. 10.2
TEMPORARY OFF-SITE VEHICLE SALES, 3.4
TEMPORARY SALES OFFICES, 3.2. 1
TEMPORARY STORAGE CONTAINERS, 3.2.3
TEMPORARY USES
Construction trailers, 3.2.2
Temporary habitable structures, 3.2.4
Temporary sales offices, 3.2.1
Temporary storage containers, 3.2.3
TITLE OF ORDINANCE, 1.1
0
UNDERGROUND PIPELINES AND UTILITIES
Definitions, 3.22.2
Intent, 3.22.1
Notice requirements for excavation, 3.22.3
Notice requirements when marking of lines is necessary, 3.22.4
Penalties for violation, 3.22.5
USE CLASSIFICATIONS
Classification of uses, 2.4
Schedule of land use classifications
Land use classifications, 2.5.5
Permitted uses, 2.5.1
Special exception uses, 2.5.2
Special exception uses not non-conforming uses, 2.5.3
UTILITIES, UNDERGROUND
Definitions, 3.22.2
Intent, 3.22.1
Notice requirements for excavation, 3.22.3
Notice requirements when marking of lines is necessary, 3.22.4
Penalties for violation, 3.22.5
VACANT LOTS, 3.12.7
VACATION OF PLATS, RIGHTS-OF-WAY AND OTHER PROPERTY
Generally, 8.11.2
Plat vacation procedures; notice, 8.11.3
Purpose and intent, 8.11.1
Right-of-way vacations, 8. 11.4
0
VALIDITY OF ORDINANCE, 1.7
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VARIANCES
Conditions and safeguards, 8.10.5
Effect of approval, 8.10. 7
Exception to findings; undeveloped lawfully platted and recorded lots, 8.10.6
Findings generally, 8.10.3
Prohibitions, 8.10.4
Purpose and intent, 8.10.1
Recording, 8.10.8
Variance defined, 8.10.2
0
VILLAGE DISTRICT (VILL), 2.7.12
Architectural requirements, G.
Permitted uses, B.
Purpose and intent, A.
Signs, H.
Site plan requirements, F.
Special exception uses, C.
Special regulations, D.
Yards and height requirements, E.
VIOLATIONS
Generally, 10.1.1
Transferring of land violations, 10.1.2
VISIBILITY TRIANGLES, 3.7
0
VISUAL OBSTRUCTIONS, 5.2.10
W-PLACES OF WORSHIP, 2.7.6
Permitted uses, B.
Purpose and intent, A.
Special regulations, C.
WALLS, 3.9
WATERCRAFT USES, 3.3.6
YARDS
Corner lots, 3.8.2
Double frontage other than corner lots, 3.8.1
Prohibitions, 3.8.3
ZONING ADJUSTMENT AND APPEALS BOARD
Establishment, 9.2.1
Exercise of power; powers and duties, 9.2.3
Quorum; organization; rules and records, 9.2.2
ZONING DISTRICT BOUNDARIES, INTERPRETATION, 2.3
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ZONING DISTRICT MAP
Authorized changes for information purposes, 2.2.4
Recording of amendments; currency of zoning district map, 2.2.1
Replacement of the Official Zoning District Map, 2.2.3
Unauthorized changes, 2.2.2
ZONING ELECTIONS
Agricultural district, 2.1.5
Commercial districts, 2.1.2
Downtown districts, 2.1.9
Industrial districts, 2.1.4
Institutional district, 2.1.8
Mixed-use districts, 2.1. 7
Places of Worship District, 2.1.6
Professional Office District, 2.1.3
Residential districts, 2.1.1
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