A.

Pursuant to and in accordance with F.S. § 163.3174 of the Local Government Comprehensive Planning and Land Development Regulation Act, as amended, the City Council finds that planning of land use and continuing growth management evaluation within the City is a public purpose benefiting the safety, economic well-being, and cultural welfare of the citizens of the City. The City Council further finds that this public purpose can best be achieved by establishing the Planning and Zoning Commission, which is established and designated as the local planning agency (LPA) for the City.

B.

Pursuant to and in accordance with F.S. § 163.3175(5) and F.S. § 163.3177(1) of the Local Government Comprehensive Planning and Land Development Regulation Act, the City Council finds that there is a public purpose in coordinating the planning of the City with the Lee County School Board.

C.

The Planning and Zoning Commission/Local Planning Agency (hereinafter Commission) shall have the authority and responsibility to review land use in the City and evaluate planning and regulatory techniques for resolving physical, economic, social, environmental and fiscal issues. The City Council directs the Commission to carry out functions and powers identified in the Land Development Code. The Commission shall use the power and authority conferred upon it by the Land Development Code to further its stated public purpose.

D.

Any power or duty delegated by the City Council.

A.

Membership. The Commission shall consist of seven members. All members shall be residents of the city and will be appointed by a majority vote of the City Council. As of November 30, 2023, the current term of all members of the Planning and Zoning Commission shall be terminated. At the first regular meeting of City Council in the month of December, 2023, City Council shall appoint the members of the Planning and Zoning Commission. Of the members first appointed, four shall serve for terms of two years, and three for terms of one year. Thereafter, the term of office for each member shall be two years. Terms of office shall commence immediately following the December appointment, with terms thereafter commencing on December 1 each year and terminating on November 30 of the calendar year in which the term expires. Members may serve no more than two consecutive terms. Any member that has not served a full term, whose term shall be terminated on November 30, 2023, may be appointed for a maximum of two additional terms. In addition to the seven members, two alternate members shall be appointed by a majority vote of the City Council to serve as alternates for the term of one year. Alternate members shall be residents of the city. Alternate members shall substitute for absent members on a rotating basis. When substituting for an absent member, an alternate member may vote and participate in all discussions of the Commission in the same manner and to the same extent as the other members of the Commission. When not substituting for an absent member(s), alternate members shall not vote on any matter, but may participate in all discussions in the same manner and to the same extent as the other members. Alternate members shall have the same attendance requirements as the other members of the Commission. Commission members and alternate members shall be subject to the forfeiture of office provisions of Section 2.58 of the Cape Coral Code of Ordinances. Whenever a vacancy occurs on the Commission, the city shall fill the vacancy for the remainder of the term as soon as practicable after the vacancy occurs.

B.

Preferred Composition. Appointment decisions should be made giving considerable weight to one's experience or interest in the field of planning and zoning. Whenever possible, the Commission should include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, land use law, or real estate, with as many different professions represented as is practicable. No more than two members from any individual preferred profession may serve as regular members concurrently.

C.

Vacancies.

1.

If a vacancy occurs on the Commission as the result of the resignation, death, or removal of a member, the senior alternate member shall temporarily fill such vacancy without action by the City Council, until the City Council appoints a successor regular member. In the event both alternates have served for the same continuous period of time then the alternate who is next scheduled to substitute for an absent regular member according to the rotation schedule shall temporarily fill the vacancy until the City Council appoints a successor regular member. In the event that the alternate member dies, resigns, is removed, or becomes a member, the City Council shall promptly appoint a qualified person to the unexpired term of the alternate.

2.

In the event a vacancy occurs on the Commission; an alternate member may apply to be a regular member in the same manner as other applicants. In the event an alternate member is appointed to be regular member, then such appointment shall simultaneously terminate such person's position as an alternate member. In that event, the City Council may then appoint another person to fill the resulting alternate member vacancy.

D.

Compensation. Members of the Commission shall receive no salary for their services, but may receive such travel and other expenses while on official business for the city as are made available by the City Council for these purposes.

(Ord. 84-23, § 5, 10-18-2023; Ord. No. 24-25, § 1, 10-8-2025)

A.

Meetings. The Commission shall schedule and hold at least one public hearing each month unless there is no business to transact for the regular meeting date. The Commission shall also meet at the call of the chairperson and other times as may be determined by a majority of the Commission.

B.

Quorum. Four voting members of the Commission shall constitute a quorum for the transaction of business, but a smaller number may act only to adjourn meetings for lack of a quorum. The affirmative vote of a majority of the quorum shall be required to pass any action of the Commission.

C.

Officers. The Commission shall annually elect a chairperson and a vice-chairperson from among its members. All officers shall be elected for one-year terms and shall be eligible for re-election.

A.

Staff. The City Manager shall provide staff support necessary to the planning functions of the Commission and provide secretarial support for the Commission in the execution of its duties and to record and transcribe in summary form the minutes of all Commission meetings.

B.

Attorney. The City Attorney shall serve as legal counsel to the Commission.

A.

The Commission shall adopt its own rules of procedure as may be deemed necessary; provided such rules shall not be contrary to the spirit and intent of the Land Development Code or to the policies of the City. The Commission shall keep minutes of its meetings and records of all transactions and deliberations. Such minutes and records shall be filed in the appropriate offices of the City and shall be public records.

B.

All meetings of the Commission shall be open to the public.

C.

The Commission shall set up rules of procedure to monitor and oversee the effectiveness and status of the Comprehensive Plan in order to make any recommendation to the City Council for changes in the Comprehensive Plan as may from time to time be required consistent with the intent and purposes of the Cape Coral Land Development Code relating to the Comprehensive Plan.

There is hereby created a Hearing Examiner with authority to conduct quasi-judicial and other hearings in accordance with provisions of this code in an equitable, expeditious, and effective manner. Nothing in this section shall prohibit the City Council from enforcing any code by other means.

A.

The city shall utilize the services of one or more Hearing Examiner(s) to conduct quasi-judicial hearings in accordance with provisions of this code.

B.

The City Council shall appoint at least one qualified person to serve as the Hearing Examiner, and may appoint at least one qualified person to serve as an alternate Hearing Examiner.

C.

The appointment(s) shall be in the sole discretion of the City Council. However, any person appointed to the position of Hearing Examiner must be an attorney duly licensed by the Florida Bar Association to practice law in the State of Florida. Appointment(s) shall be made by written contract approved by the City Council. The contract shall set out the terms and conditions, including compensation, travel, mileage, and any additional powers and duties delegated or assigned to the Hearing Examiner. Although appointed by contract, Hearing Examiners shall be subject to removal, with or without cause, at any time during their term by the City Council in its sole discretion.

D.

Hearing Examiners shall not be considered to be city employees.

E.

If a Hearing Examiner vacancy occurs as a result of resignation, death, removal, or the Hearing Examiner recuses, disqualifies himself or herself, or does not otherwise hear a particular case, and an alternate Hearing Examiner is unavailable or otherwise unable to hear a case, these cases shall be heard by the Planning and Zoning Commission in an advisory capacity and then heard by the City Council for the final decision.

A.

A Hearing Examiner shall hear, decide, and, when applicable, may impose any reasonable conditions or restrictions on the following:

1.

Applications for special exceptions;

2.

Applications for variances; and

3.

Applications for deviations.

B.

A Hearing Examiner shall hear and make recommendations and, when applicable, may recommend any reasonable conditions or restrictions on the following:

1.

Applications for vacations; and

2.

Applications for PUD master concept plans.

C.

A Hearing Examiner shall hear and make recommendations on the following:

1.

Applications for rezoning property.

(Ord. 7-22, § 1, 2-2-2022)

A.

City Attorney. The City Attorney is the legal officer for the city. Because only attorneys may hold the position of Hearing Examiner, the city shall not be required to provide legal representation to the Hearing Examiner(s).

B.

City Clerk. The City Clerk, shall attend all hearings and record (audio, video, or both) all hearings. The city shall retain the original recording(s) in accordance with the laws of the State of Florida, and, if requested, provide a duplicate of the recording(s) to the Hearing Examiner.

The Hearing Examiner shall provide the City Clerk with all original decisions or recommendations for transmission to the applicant or if the applicant is the city, to the Director of Community Development and City Attorney.

The City Manager is the chief executive officer for the City of Cape Coral with ultimate authority over the implementation of these regulations. The City Manager has the authority to delegate his authority to City staff as necessary for the effective administration and enforcement of the regulations.

The Department of Community Development is the City department charged with administration and enforcement of the Land Development Code.

The Community Development Director is responsible for the administration of these regulations. Specifically, the Community Development Director is responsible for receiving applications for development approval, determining whether they are complete, and coordinating review of the applications. The Community Development Director shall have administrative responsibility to interpret the Land Development Code.

The Building Official is responsible for the implementation of the various building codes adopted pursuant to the Florida Building Code and other applicable state statutes. The Building Official issues building permits and certificates of occupancy, upon a determination by the City of compliance of permit applications with the City regulations and any prior approvals by the City.

The Planning Manager is responsible for duties under this Code or as assigned by the Community Development Director. The Planning Manager is responsible for the implementation and interpretation of the Land Development Code.

The Public Works Director is charged with the development and maintenance of the City's Engineering Design Standards and implementation related to City maintained facilities.

The Development Services Manager is responsible for the review and approval of applications for land development permits. The Development Services Manager reviews and approves Site Development Plans, Preliminary Subdivisions, Construction Plan approvals, Development Permits, and Certificates of Completion.

The Code Enforcement Officer is charged with the initiation of and prosecution of enforcement actions pursuant to Chapter 2, Article 5, Divisions 3 and 4 of the City of Cape Coral Code of Ordinances.