Cape Coral City Zoning Code
ARTICLE 4
- ZONING DISTRICTS
CHAPTER 2. - SPECIFIC REGULATIONS BY DISTRICT
This chapter establishes specific regulations for uses, activities, or structures within a zoning district.
Section 4.1.1 - Purpose and intent.
A.
The purpose of this article is to encourage and promote the safety, health, and general welfare of the citizens of Cape Coral, Florida by providing for:
1.
Efficiency and economy in the process of development;
2.
Appropriate and best use of land;
3.
Convenience of traffic and circulation of people and goods;
4.
Adequate public utilities and facilities;
5.
Promotion of the civic amenities of beauty and visual interest;
6.
Development in accord with the comprehensive plan by establishing zoning districts;
7.
Regulation of the location and use of buildings, structures, and land; and
8.
Regulation of:
a.
Height, bulk, and access to light and air of buildings and structures;
b.
The area of yards and other open spaces; and
c.
The density or intensity of development on a given site.
B.
To accomplish these objectives, the regulations and districts and accompanying zoning map have been designed with reasonable consideration, among other things, to reflect the character of the districts and their suitability for particular uses.
Section 4.1.2. - Establishment of zoning districts.
For regulating and restricting the use of land and the erection, construction, reconstruction, altering, moving, or use of buildings and structures, the City of Cape Coral is divided into zoning districts. The City zoning districts are classified as follows:
A.
Residential Zoning Districts.
1.
Residential Single Family (R-1). This district is established to encourage and protect single-family development and to permit other uses generally compatible with single-family residential uses.
2.
Residential Multi-Family Low (RML). This district is to accommodate multi-family housing to meet the needs of a diverse community, while ensuring that there is a transition to single-family neighborhoods which protects the integrity of those neighborhoods. The RML district acts as a transition zone from lower density residential to higher density residential or non-residential uses or zoning districts. The RML zoning district should only be established where City water and sewer services are available.
3.
Residential Multi-Family Medium (RMM). This zoning district is to accommodate multi-family housing at a higher density than RML to meet the needs of a diverse community. The RMM district also acts as a transition zone from lower density residential areas to non-residential land uses or zoning districts.
4.
Residential Estate (RE). This district is established to provide areas for single-family dwellings typically on parcels of 40,000 square feet or more in areas of the city that are rural in character. The RE district permits the keeping of some domesticated livestock for use by the occupants.
5.
Agriculture (A). This district is to accommodate agricultural activities and operations which may include crop cultivation; the breeding, raising, or keeping of livestock or fur bearing animals; dairy farming; apiculture; and to allow all accessory uses and structures customarily incidental to those activities.
B.
Non-Residential Zoning Districts.
1.
Commercial (C). This district is designed to encourage and facilitate commercial activities intended to serve a relatively large trade area, appropriate commercial locations on major thoroughfares in developed areas, and is intended to meet the needs of motorists and other consumers through the provision of automobile-oriented commercial activities to meet the needs of several types and varieties of general commercial activities.
2.
Professional Office (P). This district is designed to encourage the compatible development of major professional and related office complexes in areas which are suitable for such activities. The P District may serve as a transition between commercial corridors and nearby residential uses.
3.
Industrial (I). This district is to accommodate manufacturing, fabrication, warehousing, and other related activities that typically utilize large work forces, generate semi-tractor trailer traffic, and may produce external impacts such as noxious smells, smoke, or noise.
4.
Institutional (INST). This district is to allow for development of nonprofit or quasi-public uses such as religious institutions, libraries, public or private schools, hospitals, or government owned or operated structures. Many of these uses provide meeting places for the citizens of Cape Coral and valuable civic engagement opportunities.
5.
Preservation (PV). This district is to identify environmental resources or natural features as areas intended to remain in a predominately natural or undeveloped state to provide resource protection and opportunities for passive recreation and environmental education for present and future generations.
C.
Mixed Use Zoning Districts.
1.
Commercial Corridor (CC). This district is established to implement the recommendations of the Pine Island Road Master Plan and to promote such uses as retail, office, limited warehouse and light manufacturing, multi-family residential and large-scale commercial retail uses.
2.
Neighborhood Commercial (NC). This district is intended to create a variety of dynamic walkable, mixed-use environments; provide a range and mix of commercial and housing choices near each other; and to create quality usable public spaces. The NC District utilizes form-based design standards and provides development options based on parcel size.
3.
Mixed Use Seven Islands (MX7). This district is intended to implement master plan recommendations for the Seven Islands Area consistent with the Seven Islands Sub District. A further objective is to foster a sense of place and create a destination environment in northwestern Cape Coral. To achieve these objectives, the MX7 district allows a more flexible approach to comprehensive design and coordinated development of a multi-use neighborhood than is possible under other zoning classifications.
4.
Mixed Use Bimini (MXB). This district is to promote redevelopment and enhancement of the Bimini Basin area of Cape Coral to create a destination for residents and visitors, consistent with the Downtown Mixed Future Land Use Classification and the Bimini Basin Revitalization and Implementation Plan. This district encourages mixed-use development. Existing commercial and professional buildings will be supplemented with entertainment activities and a wide diversity of housing types to create a vibrant work, live, shop, and play district that serves the entire city and region.
5.
This district is intended to implement master plan recommendations for the Bimini Basin Area. A further objective is to foster a sense of place and create a destination environment in southeastern Cape Coral. To achieve these objectives, the MXB district allows a more flexible approach to comprehensive design and coordinated development of a multi-use neighborhood than is possible under other zoning classifications.
6.
South Cape (SC). This district is to promote redevelopment and enhancement of the traditional commercial center of Cape Coral into a more compact and walkable form growth and to create a destination for residents and visitors. This district encourages mixed-use development. Existing commercial and professional buildings will be supplemented with entertainment activities and a wide diversity of housing types to create a vibrant work, live, shop, and play district that serves the entire city and region.
It is intended that the South Cape regulations act as a stimulus to development through provisions that permit a flexible approach to infill development on various lot sizes, as well as special provisions related to particular locations within the district. Therefore, many of the provisions contained herein, including uses and dimensional regulations, are regulated by lot size, or the extent of roadway frontage or a combination thereof.
7.
Planned Unit Development (PUD). This district is designed for development as a cohesive unit, where uses and innovations in design and layout of the development provide public benefits when compared to standard zoning or uniform lot and block subdivision patterns and design features.
Section 4.1.3. - Zoning district development dimensional standards.
The purpose of this section is to identify the bulk, area, and dimensional standards for construction in each zoning district.
Table 4.1.3.A. Zoning District Density Standards
Table 4.1.3.B. Zoning District Dimensional Standards
Table 4.1.3.C. Minimum Housing Unit Sizes - Residential Zoning Districts
Table 4.1.3.D. Minimum Housing Unit Sizes - Mixed-Use Zoning Districts
(Ord. 39-21, § 1, 6-16-2021; Ord. 71-21, § 1, 10-6-2021; Ord. 49-22, § 2, 8-3-2022)
Section 4.1.4. - Setbacks for residential-zoned sites abutting platted waterways.
For irregularly shaped residential-zoned sites abutting platted waterways, the front, side, and rear setbacks may be assigned by the Director based on one or more of the following factors:
A.
The setbacks promote reasonable development of the site;
B.
The setbacks are generally consistent with the front, side, and rear setbacks of adjacent sites; or
C.
The setbacks do not constitute a special privilege with respect to the limitations placed on other properties in the area.
Section 4.1.5. - Projections and encroachments into setbacks.
Encroachments into required setbacks. Every part of the required setbacks on a parcel shall be open and unobstructed from 30 inches above the ground, as measured from the average elevation of the crown of road along the property frontage, except as provided below or as shown in Table 4.1.5., below.
A.
Structures less than 30 inches in height are not considered encroachments into minimum required setbacks.
B.
Bermed earth, plant materials, sidewalks, and driveways are not considered encroachments.
C.
Encroachments into required setbacks:
1.
Cornices, overhangs, decorative awnings with no ground support installed over windows and at entrances, eaves and gutters, balconies, and means of egress may project a maximum of three feet into required setbacks.
2.
Awnings requiring pole supports to be placed in a setback area, or those without pole supports which encroach more than 3 feet into required setbacks, may be approved, in districts other than RE or R1, at the discretion of the Director of Development Services. Such awnings must function as decorative architectural elements as opposed to garage, carport, or other similar storage facilities.
3.
All existing air conditioning, pool equipment, and generators may be maintained and replaced provided the new equipment does not encroach more than three feet into any required setback. All newly installed or replacement air conditioners, generators, and pool equipment must comply with all applicable building setback requirements specified in Tables 4.1.3.B., 4.2.11., and 4.2.12., and shall not be placed in any easement. Additional requirements for new generators associated with single-family residential uses appear in LDC, Section 5.1.13.
4.
Railings and any elements associated with ADA accessibility may encroach into required setbacks, regardless of height.
5.
Awnings, canopies, colonnades, arcades, and balconies may encroach into a required setback, an easement, or a public right-of-way if approved by the City Manager pursuant to the criteria provided in Sections 4.2.15.D.5 and 5.8.9.E. Such encroachments are only allowed in the South Cape Zoning District.
6.
Except where allowed under Section 4.1.5.C.5., design elements identified in Table 4.1.5. shall not encroach into any easement (See Article 5, Section 5.1.6.).
7.
Additional regulations governing generators in front of a single-family residence or in the front yard of a single-family residence appear in LDC, Section 5.1.13.
Table 4.1.5 Maximum Distance Allowed from the Building Envelope for Various Design Elements
(Ord. 32-24, § 1, 6-5-2024)
Section 4.1.6. - Uses by zoning district—Use hierarchy.
A.
Classification of Uses Listed in Table 4.1.6.
1.
Permitted Uses. Uses that are allowed by right. These uses are shown in the table with a "P".
2.
Permitted Uses with Specific Regulations. Uses that are permitted with specific regulations that apply in all zoning districts where those uses are permitted. The specific regulations are provided in Article 5, Chapter 10. These uses are shown in the table with a "P*".
3.
Conditional Uses. Uses which are generally appropriate in a Zoning district. Conditional uses are permitted uses which, because of potential impacts, may require reasonable special limitations or conditions of approval peculiar to the use for the protection of the public health, safety, or welfare and the integrity of the Comprehensive Plan. The specific requirements for conditional uses are provided in Article 5, Chapter 11. These uses are shown in the table with a "CU".
4.
Special Exception Uses. Those uses or structures that may not be appropriate generally or without restriction throughout a district but which, if controlled as to, area, location, or their relationship and potential impacts to nearby residences or neighborhoods, would be acceptable. These uses are shown in the table with an "SE".
5.
Prohibited Uses. Any use not specifically listed as a permitted use, a permitted use with specific regulations, a conditional use, a special exception use, a permitted accessory use, or permitted through a similar use determination shall be considered expressly prohibited.
B.
Uses not listed in Table 4.1.6.
1.
Accessory Uses. Accessory uses are customarily associated with and are incidental and subordinate to such principal uses. An accessory use shall be subject to the same regulations that apply to the principal use in each district, except as otherwise provided.
2.
Temporary Uses. Uses that are deemed temporary in nature regulated by Article 5, Chapter 9 or the City Code of Ordinances, shall not be subject to the standards and requirements as set forth in this article, except that the city may impose conditions which may include limiting the period of approval, imposing hours of operations, location of any aspect of the temporary use, operational standards to minimize impacts on surrounding properties, and any other conditions deemed necessary to minimize detrimental impacts to the welfare of the community. These uses are listed in Article 5, Chapter 9 or the City Code of Ordinances.
3.
Similar Use Determinations. See Article 3, Section 3.3.3.
Table 4.1.6 Use Table
The following table of uses, when read together with the definitions set forth in Article 11 shall be used to determine the zoning district in which a given use may be established.
(Ord. 29-20, § 1, 5-11-2020; Ord. 34-21, § 1, 6-16-2021; Ord. 39-21, § 2, 6-16-2021; Ord. No. 69-21, § 1, 10-20-2021; Ord. 98-21. § 1, 1-19-2022; Ord. 89-22, § 1, 1-25-2023; Ord. 20-24, § 2, 6-5-2024; Ord. 66-24, § 1, 10-16-2024; Ord. 67-24, § 1, 10-16-2024; Ord. 55-25, § 1, 11-19-2025)
Section 4.2.1. - Single-family residential (R1).
A.
Specific regulations for model homes are established in Article 5, Chapter 10.
B.
Specific conditions for home-based businesses and religious institutions are established in Article 5, Chapter 11.
(Ord. No. 69-21, § 2, 10-20-2021)
Section 4.2.2. - Residential multi-family low (RML).
A.
Specific regulations for duplexes and model homes are established in Article 5, Chapter 10.
B.
Specific conditions for multi-family residences, single-family attached, home-based businesses, and religious institutions are established in Article 5, Chapter 11.
(Ord. No. 69-21, § 2, 10-20-2021)
Section 4.2.3. - Residential multi-family medium (RMM).
A.
Specific conditions for day care facilities, home-based businesses, and religious institutions are established in Article 5, Chapter 11.
B.
Specific conditions for day care facilities and religious institutions are established in Article 5, Chapter 11.
(Ord. No. 69-21, § 2, 10-20-2021)
Section 4.2.4. - Residential estate (RE).
A.
Specific regulations for model homes are established in Article 5, Chapter 10.
Specific conditions for home-based businesses, and religious institutions are established in Article 5, Chapter 11.
B.
Non-domestic animals.
1.
Non-domestic animals regulated in this section are considered to be a pet or for household consumption and shall not be used for any commercial purposes.
2.
Non-domestic animals are only allowed in the Residential Estate zoning district for sites with a Low Density Residential II Future Land Use Map classification pursuant to the regulations below and the requirements of the City Code of Ordinances.
3.
Horses. The keeping of horses, including foals and yearlings, is permitted in the Residential Estate zoning district regardless of the Future Land Use Map classification. Any roofed structure for shelter of such animals shall be setback at least 100 feet from any property line.
4.
Cattle, mules, goats, sheep, swine, and poultry. The keeping, raising, and breeding of non-domestic animals, including cattle, mules, goats, sheep, swine, and poultry may be permitted in the Residential Estate as follows:
a.
Lot size. The minimum lot area required for the keeping, raising, and breeding of non-domestic animals, as identified in this section, is 100,000 square feet.
b.
Animals within this subsection may not be kept or allowed to run within 100 feet of any zoning district other than the Residential Estate (RE) within the Low Density Residential II Future Land Use Map classification and Agricultural zoning districts.
c.
Buildings or other roofed structures or enclosures for the keeping of animals within this subsection must be set back a minimum of 150 feet from any zoning district other than Residential Estate (RE) or Agricultural (A) zoning districts, under separate ownership.
d.
The keeping and raising of non-domestic animals within this subsection is permitted in the Residential Estate zoning district for personal use only, or for youth or farm-education programs such as 4-H or The National FFA Organization.
C.
Accessory structures. Accessory structures in the Residential Estate zoning district shall not have a maximum size.
(Ord. No. 69-21, § 2, 10-20-2021)
Section 4.2.5. - Agricultural (A).
A.
Specific regulations or conditions for RV resorts, wireless communication facilities, and home-based businesses are established in Article 5, Chapters 10 and 11.
B.
Carports, garages or other buildings not used as a dwelling and customarily incidental to the principal permitted use of the premises.
C.
A minimum of five acres is required for all non-residential uses.
(Ord. No. 69-21, § 2, 10-20-2021)
Section 4.2.6. - Commercial (C).
A.
Specific regulations for accessory parking lots; craft brewery, distillery, and wineries; building and construction with outdoor display or storage; self-storage facilities; wireless communication facilities; and marine fuel pumps are found in Article 5, Chapter 10.
B.
Specific conditions for vehicle repair, minor; vehicle fueling stations; mobile food courts; and mobile food vendors are established in Article 5, Chapter 11.
(Ord. 89-22, § 2, 1-25-2023; Ord. 20-24, § 2, 6-5-2024)
Section 4.2.7. - Professional office (P).
A.
Specific regulations for accessory parking lots and wireless communication facilities are found in Article 5, Chapter 10.
B.
Specific conditions for mobile food courts and mobile food vendors are established in Article 5, Chapter 11.
(Ord. 89-22, § 2, 1-25-2023)
Section 4.2.8. - Industrial (I).
A.
Specific regulations for craft brewery, distillery, and wineries; building and construction with outdoor display or storage; self-storage facilities; solar arrays; wireless communication facilities; and marine fuel pumps are found in Article 5, Chapter 10.
B.
Specific conditions for mobile food courts and mobile food vendors are established in Article 5, Chapter 11.
(Ord. 89-22, § 2, 1-25-2023; Ord. 20-24, § 2, 6-5-2024)
Section 4.2.9. - Institutional (INST).
A.
Specific regulations for solar arrays, wireless communication facilities, and marine fuel pumps are found in Article 5, Chapter 10.
B.
Specific conditions for mobile food courts and mobile food vendors are established in Article 5, Chapter 11.
C.
Outdoor storage that is accessory to a principal use shall be screened from view from all rights-of-way by an opaque fence or wall.
(Ord. 89-22, § 2, 1-25-2023; Ord. 20-24, § 2, 6-5-2024)
Section 4.2.10. - Preservation (PV).
Reserved.
Section 4.2.11. - Commercial corridor (CC).
Table 4.2.11.
A.
Specific regulations for light vehicle, sales; accessory parking lots; craft brewery, distilleries, and wineries; building and construction with outdoor display or storage; self-storage facilities; wireless communication facilities; and marine fuel pumps are found in Article 5, Chapter 10.
B.
Specific conditions for multi-family residential; single-family attached with 3 units or greater; vehicle repair, minor; industrial business centers; outdoor screened storage; mobile food courts; mobile food vendors; and home-based businesses are established in Article 5, Chapter 11.
(Ord. No. 69-21, § 2, 10-20-2021; Ord. 98-21. § 2, 1-19-2022; Ord. 89-22, § 2, 1-25-2023; Ord. 20-24, § 2, 6-5-2024)
Section 4.2.12. - Neighborhood commercial (NC).
A.
Specific regulations or conditions for multi-family residences; single family attached 3 units or greater; vehicle fueling stations; craft brewery, distilleries, and wineries; wireless communication facilities; marine fuel pumps; mobile food courts; mobile food vendors; laboratory - medical, research, testing, and development; and home-based businesses are found in Article 5, Chapters 10 and 11.
B.
Mix of uses. Development in the NC district is encouraged to have a mix of residential and non-residential uses, however, a mix of uses is not required.
C.
Use areas. All land areas within developments in the NC District shall be categorized as one of the three following use areas:
1.
Free-standing non-residential. Free-standing non-residential areas include the footprint and land areas associated with buildings that contain no residential units.
2.
Free-standing residential. Free-standing residential areas include the footprint and land areas associated with buildings that contain residential units and buildings that contain non-residential floor area usage that is less than 30% of the building's floor area. In calculating the floor area of the building, the total floor area of the building is the floor area of the building remaining after the area of any structured parking is excluded. Also, any pre-existing single-family residences do not necessarily constitute free-standing residential development, unless such residences otherwise meet the criteria for such development.
3.
Mixed-Use. Mixed-use areas include the footprint and land areas associated with compound use buildings that shall mean buildings with at least 30% of their floor areas allocated to non-residential uses.
D.
Density, intensity, and use area allocations.
1.
The allowable densities, intensities, and use area allocations within the NC District may vary with the land area allocated to each use in a development project.
2.
A development can consist of one or more properties that are the subject of a single application for development.
3.
If an application includes properties that are not contiguous, the application must demonstrate that the properties function as a unified development.
4.
The land area that may be allocated to any of the three use area allocations varies with the size of the development project, with generally increasing flexibility as a function of the total land area of the development. Densities and intensities associated with any of the three use area categories apply only to the land area of the project that is allocated to that specific use. In determining the land area within any of the three use area allocations, the area of any common areas for surface water management, parking, landscaping, and circulation shall be apportioned among the three use area allocations in the same proportion as the non-common areas relate to the area of the development, excluding common areas.
Table 4.2.12.
E.
Limitations on density and intensity within the NC District. In the Urban Services Reserve Area, residential uses are restricted to 4.4 dwelling units per acre and non-residential development is limited to uses that do not generate an estimated flow of more than 880 gallons of sewage per acre per day.
F.
Use area allocations. All developments in the NC District shall be categorized as one of the three following use areas:
1.
Free-standing non-residential. Free-standing non-residential areas contain no residential units.
2.
Free-standing residential. Free-standing residential areas include the footprint and land areas associated with buildings that contain residential units and buildings that contain non-residential floor area usage that is less than 50% of the building's ground floor area.
3.
Pre-existing single-family residences do not constitute free-standing residential development.
4.
Mixed-Use. Mixed-use areas include the footprint and land areas associated with mixed-use buildings with at least 50% of the ground floor areas allocated to non-residential uses.
G.
Use Area Calculations.
1.
The uses of a building (residential, non-residential, mixed-use) shall be calculated by the floor area occupied by a use excluding any structured parking areas.
2.
Developments that incorporate non-residential and residential uses shall clearly indicate the land areas (square footage, percentage of development site, and locations) to be used for non-residential, residential, and mixed-use, as well as the uses proposed within each of the designated areas.
3.
In determining land area within any of the three use area allocations common areas, including surface water management, parking, landscaping, and circulation shall be distributed among the three use area allocations in the same proportion as the non-common areas.
H.
Development Standards.
1.
Drive-thru facilities are prohibited.
2.
Loading Docks and Service Areas.
I.
All loading docks and building service areas containing air handling equipment, generators, meters, etc., shall be screened by a masonry wall from a pedestrian-level view from any adjacent residential future land use category, public sidewalk, or public street, excluding alleys.
J.
Such walls shall be designed to appear as an architectural extension of the principal building and incorporate architectural trim and features consistent with the adjacent facade.
K.
Walls required for screening loading docks or building service areas shall not exceed the height limitations provided in Article 5 of this code unless approved by the DCD Director.
L.
On sites greater than one acre the following shall apply:
1.
The first story of the building frontage shall be at least 75% of the parcel width as measured along the front property line. For adjoining parcels that are being developed simultaneously as one site with one or more buildings, this percentage applies to the combination of lots and building frontages.
2.
At least 40% of the building frontage shall be built at the minimum front setback line.
3.
Off-street parking spaces shall not be within the front yard.
4.
Outdoor display of cars, boats, motorcycles, and vehicles is prohibited.
5.
Deviations from the requirements of this section may be approved pursuant to Article 3 of this code.
(Ord. No. 69-21, § 2, 10-20-2021; Ord. 89-22, § 2, 1-25-2023; Ord. 20-24, § 2, 6-5-2024)
Section 4.2.13. - Mixed-use bimini (MXB).
A.
Mix of Uses Allowed. Any type of dwelling unit as well as any accessory use is allowed, so long as the location and mix of types is consistent with the Bimini Basin Revitalization and Implementation Plans. A residential use may be intermixed with a nonresidential use or uses in the same block, lot, or building.
B.
Maximum Height and Density.
1.
The maximum density shall be 125 dwelling units per acre.
2.
The maximum height shall be 12 stories or 160 feet.
C.
Compatibility and design standards. All uses must conform to the guidelines of the Bimini Basin Revitalization and Implementation Plan. Uses must be compatible with existing or planned development on or adjacent to the site.
1.
Orientation, and Design.
a.
A building facing public streets, excluding alleys, must provide a public entrance.
b.
The first story of all non-civic buildings within the MXB shall provide shade via awnings, canopies, or similar features for no less than 50% of the building length. These shade structures or other required architectural features may project across the front property line, or the front and side property lines for corner lots into the public right-of-way, provided the feature(s) do not interfere with use of any street, pedestrian sidewalk, or utility infrastructure. When permitted, such features shall have at least 8' of vertical clearance from the ground level.
c.
Office uses may only comprise 20% of the ground floor public street facing building façade.
d.
For properties with frontages on more than one street, ground floor storefront windows shall be located on a minimum of two public streets.
e.
No less than 30% of all upper floor street facing building facades shall have windows.
f.
With the exception for bathroom and kitchen mirrors, windows shall be transparent; no mirror-type or dark-tinted is permitted for windows and doors in the MXB district.
g.
Window signs are prohibited.
h.
No wall-in or window-in air conditioning units are permitted.
i.
All HVAC, mechanical and electrical equipment shall not be visible from the street.
2.
External access and internal circulation.
a.
Drive-thru facilities are prohibited.
b.
The internal vehicular circulation system must follow a pattern of intersecting streets that provide alternative routes.
c.
Points of external access and alignments of internal roadways must facilitate use of public transit. This includes dedication of rights-of-way sufficient for bus pull-outs and bus shelters, as well as transit easements on private streets.
d.
A comprehensive pedestrian and bicycle circulation system must link all uses, with the intent of minimizing walking distances and reducing dependence on the private automobile for internal travel and external access; and include:
i.
Pedestrian sidewalks within the rights-of-way of Cape Coral Parkway;
ii.
Pedestrian pathways and bikeways within open space areas, in addition to the sidewalks; and
iii.
Safe and convenient access to retail and service uses, community and public facilities, and public transit, carpool, or vanpool services.
3.
Public facilities and utilities.
a.
All utility lines must be placed underground.
b.
Street lighting must be provided.
D.
Green area and public use space requirements. The minimum amount of green area is 10 percent of the gross area of the site. This green area must include the following:
1.
Within the nonresidential area, a plaza for public use;
2.
Within the residential area, a public park or common open space suitable for active or passive recreation within a reasonable walking distance of any area devoted to multi-family or single-family attached dwelling units; and
3.
Street trees are required on public streets. Street trees shall be placed at a maximum of 30' on center.
E.
Outdoor sound amplification. The following regulations shall apply:
1.
Sound amplification devices shall be oriented toward the use hosting the device, and shall not be oriented toward surrounding residential uses.
2.
A proposal to establish an outdoor venue in the MXB district is required to submit a site plan amendment. All proposed outdoor venues associated with a new business shall submit a site plan application to the City which shall be subject to review and approval by the HEX. The site plan amendment shall be reviewed in accordance with the following:
a.
For waterfront properties, no site plan amendment shall be approved unless the information provided by the applicant indicates that the outdoor sound amplification equipment will be oriented and located in a way that sound will not be projected directly towards the water, unless, the information provided shows that sound barriers or other means of noise attenuation shall be placed so as to substantially reduce the amplified sound that would otherwise impact adjacent properties or adjacent street right-of-way.
b.
For all other properties, no outdoor amplified sound plans shall be approved unless the information provided by the applicant indicates that the outdoor sound amplification equipment will be oriented toward the interior of the property, unless the information provided shows that sound barriers or other means of noise attenuation shall be placed to substantially reduce the amplified sound that would otherwise impact adjacent properties or adjacent street right-of-way.
i.
The outdoor amplified sound equipment and any sound barriers or other attenuation devices approved as part of the plan shall comply with any applicable requirements of the Florida Building Code, including any local amendments.
ii.
No amplified sound equipment shall be operated in a manner which violates Cape Coral Code of Ordinances Chapter 23, Protected species; and
iii.
Amplified sound equipment shall be placed no higher than six feet above grade.
F.
Specific regulations or conditions for multi-family residences; single family attached 3 units or greater; brewpubs; craft brewery, distilleries, and wineries; marine fuel pumps; mobile food courts; mobile food vendors; and home-based businesses are found in Article 5, Chapters 10 and 11.
(Ord. No. 69-21, § 2, 10-20-2021; Ord. 89-22, § 2, 1-25-2023; Ord. 20-24, § 2, 6-5-2024)
Section 4.2.14. - Mixed-use seven islands district (MX7).
A.
Intent and purpose. It is the intent of this district to implement City Council adopted plans to create a comprehensively planned, mixed-use development for the Seven Islands area. The specific purposes of the Mixed-Use Seven Islands District are:
1.
To provide for an integrated mix of uses that includes:
a.
A diversity of housing options;
b.
A diversity of commercial and office uses providing employment as well as goods and services; and
c.
Adequate open space for active and passive recreation that encourages public interaction.
2.
To provide for access via a circulation system and pattern that encourages travel on foot and by bicycle within the neighborhood and augmented by locations for automobile parking that do not inhibit such circulation.
3.
To provide, where appropriate, for integration and compatibility of residential uses with commercial, and office uses.
4.
To establish land use and design standards that will ensure compatibility with surrounding uses.
5.
To establish standards and procedures through which the land use objectives and guidelines of an approved and adopted master or area plan serve as the basis for evaluating an individual multi-use neighborhood proposal.
6.
To authorize development that is consistent or may be shown to be consistent with applicable laws, regulations, and restrictions addressing environmental protection.
B.
Maximum residential dwelling units and non-residential square footage. The maximum number of residential dwelling units is 995 dwelling units and non-residential square footage is limited to an FAR of 1.0 which includes a community center.
C.
Compatibility and design standards.
1.
Master Concept Plan. Development within the MX7 shall be in accordance with the Master Concept Plan dated October 9 th , 2025.
2.
Height and Orientation.
a.
No building may be constructed to a height greater than eight stories or 115 feet. First or second stories that are uses primarily for vehicle parking shall not count towards the eight stories. Occupiable Rooftops shall not count towards height unless an enclosed structure is constructed on Occupiable Rooftop.
b.
A building primarily used for retail or office use must be oriented toward the street on which it fronts. Off-street parking shall be kept to a minimum between the building and the front lot line.
3.
External access and internal circulation.
a.
A comprehensive pedestrian and bicycle circulation system must link all uses, with the intent of minimizing walking distances and reducing dependence on the private automobile for internal travel and external access; and include:
i.
Pedestrian sidewalks within the rights-of-way of Old Burnt Store Road and Tropicana Parkway;
ii.
Pedestrian pathways and bikeways within open space areas, in addition to the sidewalks, when environmental factors do not prohibit the construction of paths and bikeways; and
iii.
Safe and convenient access to retail and service uses, community and public facilities, and public transit, carpool, or vanpool services.
4.
Public facilities and utilities.
a.
All utility lines must be placed underground.
b.
Street lighting must be provided in accordance with the site plan.
D.
Green area and public use space requirements. The minimum amount of green area is 30% of the gross area of the site.
E.
Surface parking. The form, arrangement, and landscaping of off-street surface parking for multi-family dwellings and commercial uses are designed to avoid large expanses of paved area. Parking shall be away from the street frontage and in the interior of the lot, unless the City Council makes a finding that parking between the building and front lot line will serve the purposes of the district more effectively than an interior location.
F.
Specific regulations or conditions for multi-family residences; single family attached three units or greater; craft brewery, distilleries, and wineries; marine fuel pumps; mobile food courts; mobile food vendors; and home-based businesses are found in Article 5, Chapters 10 and 11.
(Ord. No. 69-21, § 2, 10-20-2021; Ord. 89-22, § 2, 1-25-2023; Ord. 20-24, § 2, 6-5-2024; Ord. 55-25, § 2, 11-19-2025)
Section 4.2.15. - South cape district.
The South Cape District special regulations are intended to act as a stimulus to development through provisions that permit a flexible approach to infill development within the City's Community Redevelopment Area.
A.
Maximum Density and Height.
Table 4.2.15. Maximum Density and Height
1.
All buildings or portions of buildings within 200 feet of the R1 zoning district shall be limited to six stories or 95 feet, whichever is less.
2.
Maximum building height shall not apply to the following building components: elevator and stair bulkheads; solar energy systems; shade devices associated with parking structures or recreational amenities; skylights or similar components associated with daylighting; and mechanical equipment, provided that such equipment is architecturally screened on all sides.
B.
Standards for site design. Sites shall be designed to incorporate safe and convenient vehicular use areas and pedestrian ways, with landscape, lighting, and signage treatments intended to result in a comprehensive design.
1.
Streets. Streets in the South Cape zoning district are classified as follows:
a.
Primary streets
i.
Cape Coral Parkway
ii.
Coronado Parkway
iii.
SE 47 th Terrace
b.
Secondary streets. All streets other than those included as a primary street within the boundaries of the SC district.
i.
Del Prado Boulevard
ii.
Miramar Street
iii.
Lafayette Street
iv.
SE 46 th Lane, Street
v.
SE 10 th Lane
vi.
Leonard Street
c.
Local streets. All streets other than those included as a primary or secondary.
C.
Allowed Uses. Permitted, special exception, conditional, and P* uses shall be as provided in Table 4.1.6. The locations of such uses are regulated by street designations as follows:
1.
Lots abutting one street designation. Lots abutting only one street designation shall be limited to those uses identified in Table 4.1.6 within the corresponding street designation column. For example, if a lot has frontage on a secondary street, only those specific uses appearing in the secondary street designation column may be utilized on such a lot.
2.
When a use is allowed on a particular street designation and the lot has frontage on more than one street designation the following two provisions shall apply for determining uses allowed on the lot.
a.
The lot shall have frontage on at least one street designation where the use is allowed as indicated in Table 4.1.6.
b.
All other streets shall constitute a lower street designation than the street designation that otherwise would allow the use on a lot having frontage on a single street. For example, if a use is allowed on a lot with frontage on a secondary street, the use would be allowed on a lot with frontage on a secondary and tertiary street but would be prohibited on a lot with frontage on a primary and a secondary street.
D.
Building setbacks and architectural features.
1.
Front Setback . 0 feet.
2.
Side Setback.
a.
If adjacent to an alley, a 5-foot setback is required; otherwise, 0.
b.
If adjacent to single family property, a minimum ten-foot setback is required, inclusive of a five-foot landscaped strip.
c.
If adjacent to existing ROW, see subsection (a) above.
d.
If adjacent to a navigable waterway, fifteen feet.
e.
If adjacent to a public utility easement, a minimum 6-foot setback is required.
3.
Rear Setback.
a.
If adjacent to an alley, a 5-foot setback is required.
b.
If adjacent to single family property, a minimum ten-foot setback is required, inclusive of a five-foot landscaped strip; otherwise 0.
c.
If adjacent to existing ROW, see subsection (a) above.
d.
If adjacent to a navigable waterway, fifteen feet
4.
Variations in required in setbacks may be approved by the DCD Director to accommodate pedestrian amenities, such as public plazas, pedestrian entries, outdoor dining areas and similar public use areas, or landscaping.
5.
Architectural features, such as colonnades, awnings, canopies, signs, etc., may project into required setback and across the front property line, or the front and side property lines for corner lots into the public right-of-way, provided the feature(s) do not interfere with use of any street, pedestrian sidewalk, or utility infrastructure. This includes required design elements specified in Article 5, Section 5.8.9 "Building Design Standards in the SC and MXB Districts. When permitted, such features shall have at least 8' of vertical clearance from the ground level. If such elements encroach, the City may require the property owner to enter into a formal easement agreement or right-of-way agreement in a form acceptable to the City Attorney. The owner of the structure containing the elements encroaching into the setback, easement, or right-of-way is solely responsible for repairing any damage to encroachments in the setback, easement, or public right-of-way that result from maintenance or public infrastructure improvements.
6.
Street Frontage Standards:
a.
Parking structures or buildings elevated over surface parking lots shall have an occupied ground floor space for a minimum depth of 20 feet from the frontage lines.
b.
Properties with a frontage along a primary that abut an alley, vehicular egress shall be provided from the alley rather than a frontage line.
c.
No loading docks and service areas shall be on primary street frontage lines.
d.
Outdoor storage areas are not permitted on primary street frontages.
E.
Parking Requirements. Parking requirements for the South Cape district can be found in Article 6.
F.
Specific regulations or conditions for multi-family residences; boat sales; vehicle fueling stations; craft brewery, distilleries, and wineries; wireless communication facilities; marine fuel pumps; mobile food courts; mobile food vendors; and home-based businesses are found in Article 5, Chapters 10 and 11.
G.
The minimum dwelling unit size in the South Cape District may be 500 square feet provided all requirements of the Florida Building Code are met.
(Ord. 71-21, § 2, 10-6-2021; Ord. No. 69-21, § 2, 10-20-2021; Ord. 89-22, § 2, 1-25-2023; Ord. 20-24, § 2, 6-5-2024)
Section 4.2.16. - Planned unit development districts (PUD).
A.
A Planned Unit Development (PUD) are intended to allow development as a cohesive unit, where uses and innovations in design and layout of the development provide public benefits when compared to standard zoning or uniform lot and block subdivision patterns and design features.
B.
The procedures for PUDs are provided in Article 3, Section 3.4.7.