Section

Section

The fire limits of this city shall be and include all that property within this city which is classified an industrial district.

(Ord. 20-00, § 1, 4-10-2000)

(a)

Declaration of intent. It is hereby declared by the Cape Coral City Council that the establishment of fire districts in certain sections of the city, as defined herein, will benefit the health, safety and welfare of the citizens of Cape Coral by providing improved fire protection.

(b)

Establishment of fire districts. There is hereby established the following several districts within the City of Cape Coral: All property now or hereafter lying in the Industrial (I-1) Zoning District and any property lying in any other district designated industrial.

(Ord. 33-92, 6-22-1992; Ord. 20-00, § 1, 4-10-2000)

(c)

Building standards in fire districts. All construction in fire districts, as herein defined, shall comply with the construction standards as set forth in the Florida Building Code, as amended from time to time, save and except those portions deleted, modified, amended or in conflict with the Cape Coral City Code or these sections.

(Ord. 39-03, 4-28-2003)

Upon the commencement of construction, the contractor, as defined in F.S. § 489.105(3), as amended, or the owner of the property when acting as his or her own contractor pursuant to F.S. § 489.103(7), as amended, assumes the responsibility for the proper handling and disposition of refuse as more fully set forth in Chapter 9, Health and Sanitation.

(Ord. 101-88, 10-3-1988; Ord. 14-07, § 1, 3-26-2007)

(a)

The following fees are authorized to be collected by the Department of Community Development.

(1)

Zoning fees.

a.

Administrative fees - Certificate of use:

1.

Application: $55;

2.

Issue: $55;

3.

First reinspection: $25;

4.

Second and subsequent reinspection: $50;

5.

Letter of map amendment: $25; and

6.

Letter of map revision: $25.

b.

Project monitoring (special conditions):

1.

First reinspection: $25; and

2.

Second and subsequent reinspection: $50.

c.

Advisory meeting: preliminary conference with Department of Community Development: no fee.

d.

Administrative review:

1.

PDP: $2,525;*

2.

PDP (with subdivision of land): $2,815;* and

3.

Zoning amendment: $1,450.*

*Plus $55 for each acre or portion thereof in excess of ten acres, up to a maximum filing fee of $3,625 for a PDP without subdivision of land or $3,915 for a PDP with subdivision of land. Zoning amendments are excluded from the $3,625/$3,915 cap.

e.

Public hearings:

1.

PDP: $665;

2.

PDP with subdivision: $1,415;

3.

Zoning amendment: $600;**

4.

Zoning amendment within PDP: $1,165;

5.

Vacation of right-of-way: $500;

6.

Vacation of plat: $775;

7.

Vacation of plat within PDP: $880;

8.

Variance/deviation within PDP: $1,250;

9.

Special exception use within PDP: $1,365;

10.

Borrow pit within PDP: $1,725;

11.

Future land use amendment: $1,225;**

12.

D.R.I. application: $3,740; plus $6.60 per acre;

13.

Excavation/borrow pit: $1,800;

14.

Annexation petition: $500;** and

15.

Miscellaneous (appeals from alleged errors in any requirement, order, decision or determination made in the administration of the land use regulations): $260.

f.

Applications/Appeals to Hearing Examiner:

1.

Variance/deviation (not a part of a PDP): $455;

2.

Variance/deviation (single-family residential): $150;

3.

Special exception use (not a part of a PDP): $535;**

4.

Continuance of any application is subject to an additional fee of 25%. City Council may waive this fee for just cause.

**Plus $220 for each acre or portion thereof in excess of three acres, up to 20 acres, plus $22 per acre or portion thereof in excess of 20 acres.

g.

In addition to above fees, all required advertising costs to be paid by applicant.

h.

Temporary off-site vehicle sales permit: $115.50.

(Ord. 125-00, 01-16-2001; Ord. 39-03, 4-28-2003; Ord. 23-09, 5-18-2009; Ord. 25-16, 6-6-2016)

(2)

Site development review fees.

a.

Site plan review: $2,175; plus $50 per acre or portion thereof in excess of one acre;

b.

Site plan amendment: $625;

c.

Site plan minor change: $100;

d.

Site plan limited review: $300;

e.

Storm water fee.

1.

Storm water retention plans review and related inspections for commercial, industrial, professional and multi-family zones (other than duplexes): $397.

2.

Revisions: $51.

3.

Surface water miscellaneous: $40.

(3)

Other fees and permits.

a.

Protected species fees (at request of applicant).

1.

Protected species inspection fee: $167.

2.

Burrowing owl burrow stake-out: $12.

3.

Burrowing owl burrow taking monitoring, per hour: $50.

b.

Zoning permit.

1.

Miscellaneous: $22.

2.

Single-family: $44.

3.

Duplex: $44.

4.

Multi-family: $400.

5.

Nonresidential (commercial, professional and industrial) (per review, not per building): $300.

c.

Sign permit.

1.

Special event (except for not-for-profit organization): $55.

2.

Special event (not-for-profit organization): $22.

3.

All other signs: $55, plus $0.55 per square foot.

d.

Spot dredging permit: $75.

(4)

Contractors' licenses.

a.

Specialty: $75.

b.

Inactive status: $15.

(Ord. 51-16, § 1, 10-31-2016)

(5)

Right-of-way construction permit fees.

a.

Right-of-way review (except for telecommunications companies): $99.

b.

Driveway, culverts stakeout and appurtenant work (per access cut): $99.

c.

Sod, swale stakeout and appurtenant work:

1.

Minimum fee for improvements up to 80 linear feet: $62; and

2.

Additional fee for improvements in excess of 80 linear feet: $0.78 per foot.

d.

Curb, gutter, sidewalk, sod and pavement:

1.

Minimum fee for improvements up to 80 linear feet: $800;

2.

Additional fee for improvements in excess of 80 linear feet: $5.85 per foot; and

3.

Miscellaneous improvements of existing construction: $160.

e.

Alley:

1.

Minimum fee for improvements up to 80 linear feet: $530;

2.

Additional fee for improvements in excess of 80 linear feet: $4.75 per foot; and

3.

Miscellaneous improvement of existing construction: $125.

f.

Restaking, whenever necessary: $170.

(6)

Infrastructure inspection fees. The city shall charge an inspection fee not to exceed 4% of the cost, either actual or estimated, of the improvements installed by the developer. The city may refund a partial inspection fee, provided the actual inspection costs are less than the fee charged.

(7)

Building and miscellaneous permit and other fees. The City Council shall, after a duly notice public hearing, establish and adopt, by resolution, a Schedule of New Construction Fees and a Schedule of Miscellaneous Fees.

(b)

Recording.

(1)

The permit fees set out herein do not include recording charges.

(2)

All variance approvals, plat vacations and ordinances or resolutions approving a PDP must be recorded on the public records of Lee County by the applicant therefor.

(3)

Until any of the approvals (or any other document or approval required by these Land Development Regulations to be recorded) is recorded, and a certified copy of the recorded document filed with the Director, no further permits may be issued for the development authorized thereby.

(c)

Permit deposits. All applications for new construction or miscellaneous permits shall be accompanied by a non-refundable deposit that is equal to 15% of the fee for the permit being applied for.

(d)

Refund policy. There are no refunds for plan review fees and non-refundable deposits. All other fees charged pursuant to this section shall only be refunded to an applicant upon request made in writing within 30 days after the original application date, or, in the alternative, the applicant shall be entitled to a credit, that must be used within 90 days after the original application date, against the fee for another permit.

(Ord. 19-76, § 1, 4-12-1976; Ord. 95-76, § 1, 11-29-1976; Ord. 9-77, § 1, 2-28-1977; Ord. 31-78, §§ 1-7, 5-15-1978; Ord. 49-79, § 1, 9-4-1979; Ord. 67-79, § 1, 12-17-1979; Ord. 14-83, 3-21-1983; Ord. 22-84, 5-7-1984; Ord. 26-85, 4-1-1985; Ord. 27-85, 4-1-1985; Ord. 35-85, 5-6-1985; Ord. 91-85, 9-9-1985; Ord. 80-87, § 2, 10-19-1987; Ord. 91-87, § 1, 12-21-1987; Ord. 25-88, § 1, 3-28-1988; Ord. 15-90, 3-26-1990; Ord. 56-91, 7-22-1991; Ord. 72-91, 9-23-1991; Ord. 33-92, 6-22-1992; Ord. 50-93, 9-13-1993; Ord. 27-99, 6-1-1999; Ord. 77-00, § 1, 8-28-2000; Ord. 99-00, § 2, 9-25-2000, Ord. 125-00, § 2, 1-16-2001; Ord. 39-03, 4-28-2003; Ord. 28-04, 3-8-2004; Ord. 23-09, 5-18-2009)

(a)

Prior to the commencement of construction of a solar heater, a permit must be obtained from the Department of Community Development.

(b)

The permit may be issued only to Class A general contractors, plumbing contractors, mechanical contractors, solar heater contractors, homeowners or pool contractors.

(c)

The applicant must submit a letter from a state-licensed engineer or architect stating the structure upon which the solar equipment is to be placed has been inspected and certifying that the structure is adequate to support the equipment.

(Ord. 63-76, § 1, 7-12-1976; Ord. 64-77, § 1, 9-12-1977; Ord. 86-77, § 1, 12-5-1977; Ord. 49-79, § 2, 9-4-1979; Ord. 31-82, § 1, 6-7-1982, Ord. 84-89, 2-12-1990; Ord. 99-00, § 2, 9-25-2000)

(a)

Heating and air conditioning systems using water shall be designed so as to recycle the water either within the system or externally by returning the water to the source of supply.

(b)

Discharging of water to waste is prohibited.

(c)

Loss of water due to evaporation shall not be considered waste.

(Ord. 24-78, § 1, 3-20-1978)

(a)

Identification. When in the routine course of city business, the City Manager shall determine that a building is operating a heating and air conditioning system that is not designed so as to recycle the water either within the system or externally by returning the water to the source of supply, the City Manager shall enter into an agreement with the building owner which will cause full compliance within not more than 24 months from the date of notification of noncompliance.

(b)

Form of agreement. The consent agreement shall be in substantially the following form:

(c)

Failure to consent. Should the building owner fail to consent to the conversion by designing and adapting his or her heating and air-conditioning system to comply with the Cape Coral Code, the City Manager shall obtain and maintain data on the operation of the facility and when it is determined that the operation constitutes a nuisance, shall recommend to the City Council suit for injunction of abatement of that nuisance.

(Ord. 60-78, § 1, 12-4-1978)

(a)

Definitions. For the purpose of this section, the following terms shall mean as follows:

BUILDING. All residential, commercial, professional and industrial buildings.

FACILITY. All pump stations, signs, traffic signal devices, lift stations, irrigation pumps or any other improvement that requires service.

POINT OF FIRST CONNECTION. The first pole or device encountered, after leaving the building/facility, that is used to provide the service.

PRIMARY ELECTRIC DISTRIBUTION SYSTEM. The electric system infrastructure that provides power to the distribution transformers from a substation.

(Ord. 51-04, 5-24-2004)

(b)

Requirements.

(1)

Any new multi-family building (three units or more), or facility, or change to an existing multi-family building or facility, where the cost of the new improvements will exceed 50% of the appraised value of the existing multi-family building or facility, excluding land, shall be required to locate or relocate all telephone, electric, television cable service and other, if applicable, wires of all kinds underground from the building/facility to the point of first connection, at the property owner's expense.

(Ord. 51-04, 5-24-2004)

(2)

Any new building, facility or change to an existing building or facility, where the cost of the new improvements will exceed 50% of the appraised value of the existing building, or facility, excluding land, within the boundaries of the Downtown Community Redevelopment Area as established in Res. 38-86 and Ord. 49-87, and as amended in Res. 06-03, Ord. 11-03, and Res. 60-03, shall be required to locate or relocate all telephone, electric, television cable service and other, if applicable, wires of all kinds underground from the building/facility to the point of primary electric distribution system, at the property owner's expense.

(Ord. 51-04, 5-24-2004; Ord. 40-87, § 1, 5-27-1987; Ord. 128-02, 4-14-2003)

(a)

For purposes of this section only, the term SPOT DREDGING shall mean the removal of submerged earth lying within the confines of the marine improvement area, or from the centerline of the waterway to the marine improvement area, so as to allow watercraft access to the marine improvement area, seawall and/or marine improvement, pursuant to dredge permits issued to the City of Cape Coral by the Department of Environmental Protection (DEP) or the Army Corps of Engineers. The marine improvement area shall be calculated in accordance with Art. 5, Ch. 4 of the City of Cape Coral's Land Development Code.

(b)

Prior to the commencement of spot dredging, a permit must be obtained from the Department of Community Development. A permit shall be issued only to a licensed marine contractor that has attended a mandatory permit "conditions and requirements" training session provided by the Public Works Department. Further, the marine contractor shall provide to the city verification of liability insurance coverage, in the minimum amount of $50,000 per person and $100,000 per accident including property damage, for dredge activities.

(c)

To obtain a spot dredge permit, written application, on a form provided by the Department of Community Development, shall be submitted to the Department of Community Development. The application shall contain, but not be limited to:

(1)

Name, address and telephone number of the marine contractor;

(2)

A copy of the marine contractor's insurance certificate covering dredge activities;

(3)

Name, address and telephone number of the owners of the real property abutting the area to be spot dredged;

(4)

The legal description of the real property;

(5)

A plan, sketch, drawing or other similar document, of suitable scale, showing the submersed area in which the spot dredging will be performed;

(6)

A statement executed by the marine contractor indicating where the dredged material will be placed or located after removal from the waterway;

(7)

A statement executed by the marine contractor that no more than 25 cubic yards of dredged material will be removed from the location;

(8)

An indemnification and hold harmless agreement from the contractor to the City of Cape Coral, executed by the contractor; and

(9)

An indemnification and hold harmless agreement from the property owner(s) to the City of Cape Coral, executed by the property owner.

(d)

No more than 25 cubic yards of dredged material shall be removed from the location subject to the spot dredging permit.

(e)

Vessels owned or leased by governmental entities, including but not limited to, the city, Lee County or the State of Florida, contractors or subcontractors under agreement with the aforementioned governmental agencies, and private entities or persons who obtain their own permit from the appropriate regulatory agency(s), which are conducting dredging operations, are exempt from the provisions within this section.

(f)

Any person or entity that is found to have violated this section shall be punished as provided in §§ 1-14, 2-81 through 2-116 or Chapter 6 of this code.

(Ord. 51-05, 4-4-2005)

No swimming pool/spa/hot tub or appurtenances thereto shall be constructed, installed, enlarged or altered until a permit has been obtained from the Department of Community Development.

(Ord. 36-80, § 2, 8-18-1980; Ord. 17-86, 3-31-1986; Ord. 84-89, 2-12-1990)

Plans shall be drawn to scale, shall accurately show dimensions and construction of the pool/spa/hot tub and appurtenances and distances to lot lines, buildings, walks and fences; details of water supply system, drainage and water disposal systems. The plans shall include elevations, sections and depth through the pool/spa/hot tub. All drawings, specifications and data, including basis for sizing of "commercial swimming pools" required with the permit application shall be prepared by an engineer, or engineers, licensed in the State of Florida under provisions of F.S. Chapter 471.

(Ord. 36-80, § 3, 8-18-1980; Ord. 17-86, 3-31-1986)

The construction of a swimming pool/spa/hot tub is prohibited in the front or side of any residential lot except in RE (Residential Estate) Districts.

(Ord. 14-90, 3-26-1990; Ord. 39-03, 4-28-2003)

Portable swimming pools are prohibited in the front or the side of any residential lot. Portable swimming pools capable of holding 24 inches in depth or more of water shall be anchored into the ground sufficiently to prohibit movement during a hurricane. Portable pools shall be enclosed by a fence or other protective material, or otherwise shall be covered, when not in use, by a protective cover so that a child cannot accidentally enter the pool. Drainage of pools so as to permit the water to run onto property of other people is prohibited. Wading or splash pools not capable of holding 12 inches or more of water are exempt from the provisions of this section.

(Ord. 36-80, § 7, 8-18-1980)

(a)

Water supply may be secured from a private well or other means of supply, provided that the water source is tested and approved by the Health Department prior to construction of pool facilities, and a permit issued for its filling and make-up water from this source.

(b)

Pools to be supplied from an approved municipal water supply do not require a resample. Water supply source in conjunction with a municipal supply must be protected against cross connection.

(c)

Pools shall be equipped with facilities for the complete emptying of the pool and discharge of pool water to waste shall be at a rate not exceeding 250 gallons per minute. All water drained from the pool shall discharge to an approved storm sewer or other approved drain or outlet, either existing or to be installed. In no instance shall the drainage be to a sanitary sewer or sanitary sewer system.

(Ord. 36-80, § 9, 8-18-1980)

(a)

Diving board restrictions. No diving board or platform more than three feet from water level shall be installed for use in connection with any private residential swimming pool. A minimum seven feet six inches depth is required for diving pools.

(b)

Sanitation required. All private residential swimming pools shall be maintained and cleaned and kept in sanitary condition and all equipment maintained in a satisfactory condition during the periods the pool is in use.

(Ord. 36-80, § 10, 8-18-1980; Ord. 17-86, 3-31-1986)

(a)

Responsibility of design engineer. The design engineer shall be responsible for monitoring and making a final inspection and certification of the construction and equipment installation of commercial pools.

(b)

Inspections generally. The City of Cape Coral is authorized to conduct inspections as it deems necessary to ensure compliance with all provisions of this article and shall have the right of entry to any pool, spa or hot tub at any reasonable hour for this purpose.

(Ord. 17-86, 3-31-1986)