This Code shall be known as and referred to as the Land Development Code ("LDC" or "these regulations" or the "Code") of the City of Cape Coral, Florida.

These regulations are enacted pursuant to the requirements and authority of F.S. § 163.3161 et seq. (the Local Government Comprehensive Planning and Land Development Regulation Act), the Charter of the City of Cape Coral, and the powers and authority in F.S. Chs. 60, 162, 166, 171, 177, 286, 380, and 823, as amended.

The purpose of the City of Cape Coral Land Development Code is to implement the Comprehensive Plan of the City pursuant to F.S. Ch. 163, for the protection and promotion of the safety, health, comfort, appearance, and general welfare of the City and its inhabitants and specifically for the following intent:

A.

Continue to foster community pride and a sense of stewardship in the City;

B.

Preserve and implement the comprehensive plan;

C.

Ensure the application and administration of these regulations continues to improve the overall quality of life and promote development of the City;

D.

Establish zoning districts as a means of achieving unified civic design and proper relationship between the uses of land by regulating the location and use of buildings and other structures;

E.

To minimize and reduce conflicts among various land uses through the application of regulations designed to assure harmonious relationships among land uses;

F.

To ensure safe and convenient traffic circulation, adequate utilities, recreation areas, and the development of economically stable and healthful neighborhoods;

G.

To prevent periodic and seasonal flooding by providing flood control and drainage facilities;

H.

To discourage haphazard, premature, uneconomical, or scattered land development; and

I.

To ensure that the citizens and taxpayers of the city will not have to bear the costs resulting from haphazard land development or the lack of adequate and necessary physical improvements incidental to land development.

A.

These regulations shall govern the development and use of land, buildings, and structures within the municipal boundary of the City.

B.

No building, structure, water, or land shall be used, occupied, or developed unless in conformity with all provisions of the zoning district in which it is located, all other applicable regulations, and all development approvals.

A.

No building shall be erected, converted, enlarged, reconstructed, moved, or structurally altered except in conformance with:

1.

The applicable zoning district regulations;

2.

The bulk, area, and dimensional regulations of the zoning district;

3.

The off-street parking and loading regulations for the use in the building in question;

4.

The floor area regulations of the zoning district;

5.

The established flood criteria, as indicated on the most current edition of the federal flood insurance rate maps and the requirements in Article 9 applicable to the development site; and

6.

All other applicable laws, rules, and regulations.

B.

No building shall be erected or enlarged after the effective date of these regulations, which reduces any level of service standard established in the City of Cape Coral adopted comprehensive plan.

The procedures for enforcement and penalties for violations of this Code are set forth in Chapter 2, Article 5, Divisions 3 and 4 of the City of Cape Coral Code of Ordinances. The provisions of this Code are supplemental to any other procedures and remedies available to the City of Cape Coral. Nothing contained in this Code prohibits the City of Cape Coral from enforcing its codes or ordinances by other Code Enforcement provisions of the City of Cape Coral Code of Ordinances or other applicable law.

Any building or structure for which a lawful building permit has been issued prior to the effective date of this article may be completed and used in accordance with the plans and specifications upon which such building permit was granted, provided construction is completed within the life of the building permit.

Where there are outstanding and valid building or development permits authorizing construction of buildings, structures, additions, or alterations, the use or construction of which do not conform to the requirements of this article, such permits shall be valid for the life of the permit.

Time limits for permits issued under this Code are specified for each type of development permit. Conditions of approval attached to permit approvals may establish additional time limits on the life of a permit or establish specific timeframes for certain actions.

In accordance with F.S. § 171.062, all land annexed in to the City of Cape Coral shall retain the Lee County Future Land Use and Zoning Designations until the City Council adopts a comprehensive plan amendment that includes the annexed area and adopts an ordinance establishing a zoning district for the annexed area.

The Comprehensive Plan and Future Land Use Map of the City of Cape Coral are the official statements of policy for the City regarding the use of land. All use or development of land undertaken pursuant to these regulations shall be consistent with the Comprehensive Plan and the Future Land Use Map.

A.

The Official Zoning Map is established and incorporated into these regulations by this reference. The Official Zoning Map shows the boundaries of all Zoning Districts as adopted by the City Council pursuant to the procedures of these regulations.

B.

The Official Zoning Map shall be the official record of zoning status of land within the city. The Official Zoning District Map shall be maintained by the city electronically. The city is divided into districts, or zones, as provided by this ordinance. The electronic format of the map will reside within the city Geographic Information System (GIS) as the zoning layer and shall be maintained by the Department of Community Development - Planning Division. The map will be updated on a continuous basis following approval of zoning changes by City Council. The electronic format of the map will be viewable via the Internet and paper copies can be produced on demand.

C.

Pursuant to Laws of Fla. Ch. 78-540, § 8, the city shall exercise extraterritorial zoning powers within an area extending 600 feet into the tidal waters adjacent to the corporate city limits. All such areas shall have the same zoning as the adjacent uplands.

D.

The Official Zoning Map, as amended from time to time, shall be kept on file and made available for public reference in the Office of the City Clerk and the Community Development Department. Amendments to zoning on the Official Zoning District Map shall be consistent with the adopted Cape Coral Comprehensive Plan, including the Future Land Use Map and its accompanying text. Amendments shall be made on or after the effective date of such zoning change. The Director of the Department of Community Development shall ensure that amended zoning district boundaries are accurately placed on the zoning map. The City Clerk shall keep records on file which identify the official action by which a map amendment was made, the date of such action, the land area affected and the date of posting.

E.

Should the map or any portion thereof become damaged, destroyed, or lost the City Council is authorized, by ordinance, to replace the map or damaged portion and the new map shall supersede the one replaced. The new map may correct drafting or other errors, but no replacement shall have the effect of changing the official zoning status of property unless the prior map has been totally destroyed. The City Clerk shall preserve any records relating to its adoption and amendment.

F.

Unauthorized changes. Substantial changes of the nature affecting the zoning of property is strictly prohibited and unlawful, unless in conformity with the requirements and procedures of this ordinance or applicable law.

A.

Existing unlawful uses, lots, and structures. A structure, lot, or use not lawfully existing at the time of the adoption of these regulations is lawful only if it conforms with all of the requirements of these regulations. All other violations of prior regulations of the City as of the effective date of this ordinance shall continue to be violations and shall not be considered to be legal nonconformities under this code unless such violation(s) becomes lawful by adoption of this code.

B.

Existing approved uses. An existing use which is lawful on the date of adoption of these regulations, whether as a "permitted use", or a "special exception use" in the zoning district in which it is located, shall not be deemed nonconforming solely because the procedure for approval has changed through the adoption of these regulations.

C.

Previously granted variances. Unless becoming conforming pursuant to Subsection A, above, all variances granted under any prior edition of the Land Development Code and which are still in effect upon adoption of these regulations shall remain in full force and effect, including any conditions attached thereto, and the owner may proceed to develop the property in accordance with the approved variance.

D.

Previously approved special exceptions. All special exceptions approved prior to the adoption of these regulations, and any conditions attached thereto, shall remain in full force and effect, and the owner may proceed to develop the property in accordance with the previous approval. However, if construction has not commenced before the approval expires or if the approval is abandoned, the provisions of these regulations shall govern.

E.

Prior zoning districts. Unless provided otherwise on the Official Zoning Map, upon adoption of these regulations, all existing zoning classifications shall be reclassified with one of the zoning classifications set forth in Article 4, Zoning Districts, as follows:

1.

Residential zoning districts.

a.

Single-family residential (R-1)

b.

Multi-family residential low density (RML)

c.

Multi-family medium density (RMM)

d.

Residential Estate (RE)

e.

Agriculture (A)

2.

Non-residential zoning districts.

a.

Commercial (C)

b.

Professional Office (P)

c.

Industrial (I)

d.

Institutional (INST)

e.

Preservation (PV)

3.

Mixed Use zoning districts.

a.

Commercial Corridor (CC)

b.

Neighborhood Commercial (NC)

c.

Mixed Use Seven Islands (MX7)

d.

Mixed Use Bimini (MXB)

e.

South Cape (SC)

4.

A Planned Unit Development (PUD) may constitute a residential, non-residential, or mixed-use zoning district.

F.

Prior approved Planned Development Projects (PDPs). The PDP procedure was a process for entitling property that provided a more holistic review for certain developments. The PDP was not a zoning district and may have contained more than one zoning district. A PDP may have included requests for a subdivision, rezonings, special exceptions, variances, vacations of plat, and deviations that were considered simultaneously with the PDP application.

New PDPs are not permitted in the LDC. However, existing PDPs can be amended as set forth in Article 3, Section 3.4.8. Existing PDPs may also be abandoned as set forth in Article 3, Section 3.4.9.

1.

All PDPs approved prior to the adoption of these regulations, and any approved site plan and conditions attached thereto, shall remain in full force and effect upon adoption of this code. All such approved PDPs may be developed in accordance with the previous approval, unless:

a.

The developer failed to commence substantial construction within two years from the date of project approval or within one year of the last permit approval from all regulatory bodies, whichever is less, unless otherwise specified in the development order. For the purposes of this section, substantial construction shall mean:

i.

A valid building permit has been issued for construction of the main building or buildings.

ii.

For subdivisions, a valid site development plan has been issued for the installation and construction of the required infrastructure.

iii.

When construction is not part of the use, the use in operation complies with the conditions as set forth in the approval of the zoning change.

b.

The buildout period as specified in the PDP development order expires or a condition placing time limits on the physical development of the site as specified in the PDP development order expires;

c.

The City approves a request from the owner(s) to abandon the PDP as set forth in Article 3, Section 3.4.9. The owner chooses to develop the site under the FLUC and zoning district in effect for the site at the time of application and the scope of the development does not require PUD approval;

d.

The City approves a PDP amendment as set forth in Article 3, Section 3.4.8.;

e.

The City approves a PUD to replace an existing PDP as set forth in Article 3, Section 3.4.7.

G.

Planned Unit Developments (PUDs). PUD zoning is consistent with all Future Land Use Classifications under the Comprehensive Plan, except for the Natural Resources/Preservation and Open Space FLUCs. All uses in a PUD zoning category must be consistent with the underlying FLUC.

(Ord. 48-22, § 1, 8-3-2022)

For the purposes of these regulations, the following rules of construction apply:

A.

These regulations shall be deemed the minimum requirements for the promotion of the health, safety, order, convenience, and general welfare of the community.

B.

These regulations shall be construed to achieve the purposes and intent for which they are adopted.

C.

Nothing in these regulations is intended to repeal any easement, covenant, deed restriction, or other private agreement; however, where these regulations are more restrictive or impose higher standards or requirements than such easement, covenant, deed restriction, or other private agreement, these regulations shall govern.

D.

In the event of a conflict:

1.

Between the text of these regulations and any caption, figure, illustration, table, or map, the text of these regulations shall control;

2.

Between a chart and an illustration, the chart shall control. All illustrations included in these regulations are for illustrative purposes only;

3.

When limitations, restrictions, or standards apply to an individual lot, use, or structure the more restrictive provisions shall apply; and

4.

Between these regulations and any federal, state, or county law or regulation which pre-empts local regulation, the federal, state, or county law or regulation shall apply.

E.

Words and phrases shall be construed according to the rules of grammar and according to the common and approved usage. Technical words and terms that are used and that may have a particular meaning based on law shall be defined according to that meaning.

F.

The terms "Ordinance," "Code," "Law," "Statute," "Title," and "Act" are understood to include the term "as amended", unless the context clearly indicates otherwise. References to technical manuals, resource materials, code references, the comprehensive plan, and similar documents are understood to include the term "as amended" unless the context clearly indicates otherwise.

G.

The words "shall," "must," and "will" are mandatory in nature, implying an obligation or duty to comply with the particular provision.

H.

The word "or" is alternative in nature.

I.

The word "may" is permissive in nature.

J.

The word "including" shall be construed to include the phrase "but not limited to."

K.

Words used in the present tense include the future tense.

L.

The singular number includes the plural number and the plural, the singular.

M.

Words utilizing the masculine gender include the feminine gender and use of the feminine gender includes the masculine.

N.

The words "used" and "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."

O.

The word "herein" means "these regulations."

P.

The words "building" or "structure" includes any of its parts.

Q.

The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

R.

The word "owner" includes his or her agents or authorized representatives unless the context clearly indicates otherwise.

S.

Any act authorized by these regulations to be carried out by a specific official or agency of the City is authorized to be carried out by a designee of such official or agency, unless the context clearly indicates otherwise.

T.

The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday, or a legal holiday the timeframe shall be extended to the next working day.

A.

Number of Residential Units Allowed (Density). The maximum number of residential units allowed on a site is determined by multiplying the maximum density allowed under the Comprehensive Plan by the parcel size (i.e., allowable comp plan density (x) parcel size), except:

1.

When the zoning district of a parcel permits lot sizes that equate to a smaller maximum density for that parcel; or

2.

When the size of the property has been decreased through a voluntary conveyance by the property owner to a condemning authority in lieu of formal eminent domain proceedings and the property owner received no compensation for the conveyance and such conveyance occurred prior to any development of the site. In such circumstance, the property owner may include the land that existed prior to the conveyance in the calculation of lot area for calculating the maximum allowable density on the site. In no event shall a property owner be eligible to include the land that existed prior to a taking when calculating the maximum allowable density on the site if the size of the property has been decreased through a formal eminent domain proceeding.

B.

Distance requirements. Unless otherwise provided herein, distances shall be measured in accordance with the following:

1.

When the LDC requires a distance between uses or developments on different development parcels or there are LDC requirements for a development within a certain distance from another development parcel, the distance shall be measured using a straight-line measurement from the closest point of one parcel to the closest point of the parcel(s) involved.

2.

When the LDC imposes requirements on a development within a certain distance of a zoning district, the distance shall be measured using a straight-line measurement from the closest point of a zoning district boundary to the closest point of the parcel(s) involved.

When there is a distance requirement between a structure or building on the same development site, the distance shall be measured from the exterior of the buildings or structures, using a straight-line measurement from the closest points between the structures being measured.

3.

When a portion of a parcel or development site lies within a certain distance of a zoning district or development and the LDC imposes requirements or regulations on a development or parcel within that distance, the requirements and regulations shall be applicable to the entire parcel or development site and not just to the portion within the specified distance.

C.

Floor area, gross. The sum of the floor areas of all floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, excluding covered parking, loading areas, or parking garages. When an entire level of a building or structure is below ground as measured from floor to floor or ceiling slab to ceiling slab, the floor area of this level shall be excluded from the calculation of gross floor area. Unless otherwise specified, gross floor area for food service establishments shall also include any outdoor or patio floor area on the property used or designed for customer service.

D.

Floor area, net. The total floor area of all floors of a building shall be measured by excluding from the gross floor area stairwells and elevator shafts, equipment rooms, interior vehicular parking, loading, and all floors below the first or ground floor, except when such areas are used or intended to be used for human habitation or service to the public.

E.

Floor area ratio (FAR). The floor area ratio is measured by the net floor area of all buildings or structures on a lot, parcel, or site divided by the total lot, parcel, or site area. The maximum FAR established in the Code is based on total land area of the site in question, except when the size of the property has been decreased through a voluntary conveyance by the property owner to a condemning authority in lieu of formal eminent domain proceedings and the property owner received no compensation for the conveyance and such conveyance occurred prior to any development of the site. In such circumstance, the property owner may include the land that existed prior to the conveyance in the calculation of lot area for calculating the maximum allowable intensity on the site. In no event shall a property owner be eligible to include the land that existed prior to a taking when calculating the maximum allowable intensity on the site if the size of the property has been decreased through a formal eminent domain proceeding.

F.

Fractional measurements.

1.

When units or measurements result in a requirement of a fraction, any such fraction equal to or greater than exactly fifty percent (50%) shall require the full requirement, unless otherwise provided for in these regulations.

2.

Density fractional measurements. When calculating density, any fraction of a unit shall be rounded down to the nearest whole number, unless otherwise provided for in these regulations.

G.

Grade.

1.

When used to measure habitable structures, grade shall be the highest elevation of:

a.

The natural elevation of the ground when compared to abutting properties. Natural elevation of the ground when compared to abutting properties, shall be derived by selecting a minimum of two (2) elevation points on each adjoining property line and calculating the average of all the selected elevation points. This calculation will determine the reference plane for calculating the height of habitable structures only;

b.

The base flood elevation requirement for the lowest floor as shown on the flood insurance rate map published by the Federal Emergency Management Agency (FEMA);

c.

Eighteen (18) inches above the FEMA base flood elevation requirement for the bottom of the Lowest Horizontal Structural Member (LHSM) of the lowest floor; or

d.

Eighteen (18) inches above the State of Florida, Department of Environmental Protection minimum requirement for the bottom of the LHSM of the lowest floor. For purposes of the definition of grade, the term floor shall be defined as the top of the lowest inside surface of an enclosed area in a building, including the basement. For example, the top of the slab in a concrete slab construction or the top of wood flooring in wood frame construction. The term does not include an unfurnished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area.

2.

When used to measure non-habitable accessory structures, grade shall be the finished ground surface at the base of the accessory structure being measured. If a retaining wall elevates the non-habitable accessory structure, grade shall be the finished ground surface at the base of the retaining wall.

H.

Building Height. The height of buildings shall be measured from the lowest finished floor elevation to the lowest point of the highest horizontal eave or the top of the roof slab for structures with flat roofs. Church spires and steeples, chimneys, parapet walls, machine rooms, elevator towers, and similar features necessary to the design and function of a building but not designed for human occupancy, shall not be included in the measurement of overall building height.

I.

Lot coverage. That portion of a lot that is covered by all principal and accessory buildings.

J.

Lot depth. The depth of a lot is the distance measured from the mean direction of the side lines of the lot from the midpoint of the street lot line to the midpoint of the opposite main rear line of the lot.

K.

Lot width. The horizontal distance between the side lines of a lot measured at the front building setback line, or at the front property line where no front setback is required.

L.

Setback. A setback is the minimum horizontal distance between a structure and a property line. Setbacks shall extend and be measured perpendicular and inward from the respective property lines.

M.

Impervious surfaces calculations. Calculations of the maximum allowable percentage of impervious surfaces in the R-1 and RML zoning districts for compliance with Table 4.1.3.B. of this Code shall be made in accordance with the following table:

Table 1.15.A. Calculation of Impervious Surfaces

(Ord. 4-22, § 1, 2-2-2022; Ord. 49-22, § 1, 8-3-2022)

Zoning district boundaries are usually depicted along streets, alleys, shorelines, property lines, or extensions thereof. Where an uncertainty exists with respect to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

A.

Centerlines. Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines;

B.

Lot, section, and tract lines. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

C.

Political boundaries. Boundaries indicated as approximately following City limits shall be construed as following City limits;

D.

Shorelines. Boundaries indicated as following shorelines shall be construed to follow such shorelines. In the event of a change in the shoreline, the zoning district boundary shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerline of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines;

E.

Vacations. Whenever any street, alley, or other public way is vacated by official action of the City Council, the zoning district of the property abutting each side of the street, alley, or public way shall be automatically extended to the center of such vacation and all area included within the vacation shall thereafter be subject to all regulations of the extended districts;

F.

Filled lands. Where land is built-up by fill upon areas formerly submerged under water, the district regulations applying to the land immediately adjoining such built-up land shall be automatically extended thereto;

G.

Parallel lines. Boundaries indicated as parallel to or extensions of features indicated in subsections A through F of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;

H.

Bisecting lines. Where district boundary lines approximately bisect blocks, the boundaries are the median line of such blocks, between the centerlines of boundary streets;

I.

Uncertainties. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or if any other uncertainty exists, the Director of Community Development shall interpret the intent of the official zoning map as to the location of district boundaries; and

J.

Excluded areas. Where land or water areas have been inadvertently excluded from a zoning district classification in any manner, such areas shall be classified in conformance with the most restrictive zoning district which abuts the excluded area until or unless changed pursuant to amendment procedures set forth in Article 3, Sec. 3.4.6.

A.

It is the intent of the City Council of the City of Cape Coral that the articles, chapters, sections, subsections, paragraphs, sub-paragraphs, sentences, clauses, and phrases of this Code are severable, and if any are declared invalid or unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the balance of these regulations.

B.

It is the further intent of the City Council of the City of Cape Coral that all property within the City be governed by these regulations. Therefore, if the zoning district of a parcel is declared invalid or unconstitutional, either on its face or as-applied, it is the intent of the City Council that the zoning district applied to the parcel shall be the next more restrictive zoning district that is consistent with the future land use district within which the parcel is located.