The Administrative Deviation Application is the City of Cape Coral form, issued through the City Planning Division of the Department of Development Services, for asking for minor relief from a Land Development Code (LDC) requirement. Property owners, applicants and their authorized representatives use it for dumpster, landscape and buffer, impervious surface, design standard, parking, setback, sign, boat canopy and fence deviations. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the city publishes the official PDF and decides the request.
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What is Administrative Deviation Application – Cape Coral, FL?
The Administrative Deviation Application is the City of Cape Coral form used to request an administrative deviation, a minor exception to the strict application of Land Development Code (LDC) requirements, from the City Planning Division of the Department of Development Services.
The form is a nine-page packet. It holds a checklist of requirements for each deviation type, the application itself (property, owner, applicant and representative information, with a notarized signature block), an Authorization to Represent Property Owner(s) page and the text of the Administrative Deviation Regulations, LDC Section 3.3.6.
Under Section 3.3.6.B, administrative deviations may be granted for limited matters: setbacks reduced by no more than 10% (with no encroachment into an easement or right-of-way), a 5% reduction in overall required parking, up to a 10% reduction in landscape buffer width or in required trees and shrubs, preservation of native specimen trees, minor sign deviations, up to a 10% increase in impervious lot coverage, and non-residential design standards. The form also lists boat canopy and fence deviations.
A request is judged on the review criteria in Section 3.3.6.C, including consistency with the character of the zoning district and a design of equal or superior quality. A deviation takes effect on approval. If it is not approved, the applicant may subsequently apply for a Variance, which is a separate request.
Who needs to file Administrative Deviation Application – Cape Coral, FL?
The property owner, or the applicant, files this application when the property needs relief of the kind Section 3.3.6 allows. Every form in the packet must be signed by the property owner or the applicant. If the owner does not hold the property in a personal name, the owner signs each form in a corporate capacity and enters the corporation or company name.
Representatives:
- An authorized representative is listed in the application. The Authorization to Represent Property Owner(s) page, signed by the owner or owners, authorizes the named person to represent the owner before the Hearing Examiner and City Council.
- If the representative is an attorney, the attorney may sign the application and the Acknowledgement Form, and the Authorization to Represent form is not required.
- Where the owner is a corporation, the city asks for a copy of the corporation papers.
Limits: the form lists the deviation types it covers, and the regulations exclude the Neighborhood Commercial district from non-residential design standard deviations. A request that falls outside Section 3.3.6 is not an administrative deviation; after a denial the applicant may apply for a Variance.
When to file Administrative Deviation Application – Cape Coral, FL
File the application when you need relief from an LDC requirement for a property and your request fits one of the deviation types in Section 3.3.6. The form prints no separate due date.
The application fee is due at the time of submittal, and the city reviews the application for completeness and invoices it. Hearing dates are confirmed only when you receive the Notice of Public Hearing, which sets the day and time of any hearing.
A deviation takes effect on approval. After approval, if a fee applies for electronic recording of the final signed Resolution or Ordinance with the Lee County Clerk of Court, restrictions on city permits for the property stay in place until it is paid. For an impervious surface request, the engineer's calculations and drainage plans must be approved by the City Public Works Department before any building permits are issued.
Documents you need
- Letter of Intent for every deviation request, naming the LDC, Article 5, Section 5.8.11 subsection and its intent, and stating the actual request, an unnecessary or undue hardship from existing conditions, or that literal conformity would inhibit innovative design.
- Copy of any deed restrictions on the property, if there are any.
- Dumpster requests: a Dumpster Approval Letter from the City Solid Waste Department, plus a development plan or sketch showing building, parking, driveways, North arrow and the dumpster location.
- Dumpster relief requests: a detailed plan showing site constraints, if you ask to have no dumpster on site.
- Landscape/Buffers and Non-Residential Design Standards requests: legal description and a certified survey done within the past six months.
- Landscape/Buffers and Non-Residential Design Standards requests: sample detail drawings, elevations and perspectives; non-residential requests also need schematic architectural drawings, site plans and floor plans.
- Typewritten list of affected property owners (name, address, zip code, block and lots) if the property is within 500 feet of any County properties; computer lists are not acceptable.
- Impervious surface requests: calculations by a Florida Registered Professional Engineer showing the drainage basin can take the added run-off, or an on-site retention plan.
- Parking requests: minimum spaces required, spaces proposed and the checked reasons for the reduction under LDC Section 3.3.6.
- Sign requests: site layout, building and structure locations and dimensions, setbacks, driveways and parking layout, and proposed sign specifications.
- Boat canopy requests: Letter of Intent addressing Section 5.4.11.A.1, sample detail drawings or photos, and a site plan.
- Fence requests: Letter of Intent addressing Section 5.2.7A.4, a site plan and a fence detail showing height and materials.
- Copy of the corporation papers, if the property owner is a corporation.
How to fill out Administrative Deviation Application – Cape Coral, FL
Check your deviation type
On the requirements pages, check the box for the Letter of Intent (1) and the typewritten, notarized application (2), then check the box for your deviation type, items 3 to 12: dumpster, landscape/buffers, lot coverage, non-residential design, parking, vegetation, setback, sign, boat canopy or fence.
Prepare the Letter of Intent
Name the LDC, Article 5, Section 5.8.11 subsection involved and its intent, and state the actual request, the hardship from existing conditions or the design innovation it allows. Boat canopy and fence requests must also address Section 5.4.11.A.1 or 5.2.7A.4.
Enter property information
Fill in Project Name, Location/Address, Strap Number, Unit, Block, Lot(s), Plat Book, Page, Future Land Use and Current Zoning.
List the property owners
Enter each owner's name, phone, email, address, city, state and zip. There are two owner blocks; list all owners.
Add applicant and representative
Complete Applicant Information only if the applicant differs from the owner. Complete Authorized Representative Information if you use one.
Mark parking reasons if needed
For a parking deviation, enter the minimum spaces required and the spaces proposed, and check each reason that applies, such as shared parking or protection of trees.
Complete the signature block
Enter the corporation or company name if applicable, then type or print each owner or applicant name and sign. Sign in front of a notary, who completes the State, County and notary sections.
Complete the Authorization to Represent
If someone other than the owner presents the request, enter that person's name and the unit, block, lot(s), subdivision or legal description. Each owner prints and signs with title before a notary. An attorney representative does not need this form.
Gather the attachments
Collect the documents listed for your deviation type, plus any deed restrictions and corporation papers, as described under Required documents.
Review and download the PDF
Check names, strap number and checked boxes against your records, then download or print the completed PDF from FillingPDF. Sign it before a notary and submit it as described under How to submit.
How to submit Administrative Deviation Application – Cape Coral, FL
The city encourages Planning Division applications to be submitted online through the CSS online portal. The form also prints the City Planning Division's contact details: Tel. (239) 574-0553, Fax (239) 574-0591, P.O. Box 150027, Cape Coral, FL 33915-0027. Questions about an application go to [email protected].
- Before you send it: the applicant's portion must be typewritten, and every signature must be notarized. Include the Letter of Intent and the documents for your deviation type.
- Dumpster requests: email the Solid Waste Manager, Terry Schweitzer, at [email protected], with a site plan to request the Dumpster Approval Letter.
- Fee: an application fee under City Code of Ordinances Section 5-4(a)(1)a. is due at submittal. Ask the Planning Division for the current amount. After receipt the city reviews the application for completeness and invoices it. The city says it will never ask for payment by EFT, wire transfer or third-party payment apps such as Venmo, Cash App, PayPal or Zelle.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Signing the application or Authorization to Represent without a notary; the form says all signatures must be notarized.
- Handwriting the applicant's portion when the form requires it to be typewritten.
- Leaving out the Letter of Intent, which applies to all deviation requests.
- Omitting a certified survey done within the past six months on a landscape or non-residential design request.
- Submitting a computer-generated list of affected property owners when the property is within 500 feet of County properties; computer lists are not acceptable.
- Skipping the Dumpster Approval Letter from the City Solid Waste Department on a dumpster request.
- Having an owner sign in a personal capacity when the property is held by a corporation; the owner signs in a corporate capacity.
- Asking for an impervious surface increase without engineer calculations or retention storage showing the drainage can handle it.
- Paying the fee by wire, EFT or a payment app such as Zelle or Venmo, which the city says it will never request.
Frequently asked questions
What is the Cape Coral Administrative Deviation Application?
It is the City of Cape Coral form for requesting a minor deviation from LDC requirements, such as a small setback, parking, buffer, sign, fence or boat canopy change. Section 3.3.6 of the Land Development Code sets what may be granted and how a request is judged.
Is this form a Cape Coral permit or a building permit?
No. It requests approval of a deviation from the LDC, not a building permit. The form notes that restrictions on city permits stay on the property until any recording fee is paid, and that drainage calculations must be approved before building permits are issued.
Does the Administrative Deviation Application need to be notarized?
Yes. The form states that all signatures must be notarized, and the applicant's portion must be typewritten. The owner or applicant signs the application, and the owner signs the Authorization to Represent form, each before a notary.
Can an attorney sign the Administrative Deviation Application?
Yes. If the authorized representative is an attorney, the attorney may sign the application and the Acknowledgement Form, and the Authorization to Represent form is not required. Other representatives need that form signed by the owner.
Is there a fee for an administrative deviation in Cape Coral?
Yes. An application fee under City Code Section 5-4(a)(1)a. is due at submittal, and a recording fee may apply after approval. Contact the Planning Division at (239) 574-0553 or [email protected] for amounts; the city never asks for EFT, wire or payment-app payments.
What if my administrative deviation is not approved?
Under Section 3.3.6.E, if an Administrative Deviation is not approved, you may subsequently apply for a Variance. A variance is a separate request, so ask the Planning Division what it requires.
Where do I submit the Administrative Deviation Application?
The city encourages Planning Division applications to be submitted online through the CSS online portal. The division's details are Tel. (239) 574-0553, P.O. Box 150027, Cape Coral, FL 33915-0027, and [email protected] for questions.
Can I fill out the Administrative Deviation Application online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service: it does not notarize, file or deliver the application to the City of Cape Coral. You submit it through the city's channels.
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