The Appeal Application is the form the City of Cape Coral Planning and Zoning Division uses to receive an appeal under the Land Development Code (LDC), Article 3, Section 3.1.14. It is one of the Cape Coral permit and approval documents the Planning Division publishes as PDFs, and it bundles property details, owner and applicant information, notarized signatures, an optional authorization for a representative and an acknowledgement form. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original and the city's other applications are published by the City of Cape Coral.
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What is Appeal Application – Cape Coral, FL?
The Appeal Application is the City of Cape Coral form that an owner or applicant completes to bring an appeal before the city, following the appeal process in LDC Article 3, Section 3.1.14. It is issued by the Planning Division, which the form places under the Department of Community Development.
The PDF has seven pages. Page 1 lists the application requirements and the fee notes. Page 2 collects the property information (project name, address, strap number, unit, block, lot, plat book and page, future land use, current zoning) and the owner, applicant and authorized representative details. Page 3 holds the owner's certification, with a signature block that must be notarized. Page 4 is the Authorization to Represent Property Owner(s), page 5 is the Acknowledgement Form, and pages 6 and 7 print the appeal regulations of Section 3.1.14.
Those regulations describe several routes: review by the Development Services Director or the Public Works Director, administrative appeals to the City Special Magistrate, appeals of Hearing Examiner decisions on quasi-judicial matters, and, for City Council quasi-judicial decisions, a petition to the Circuit Court for a Writ of Certiorari. A staff or Department Director's recommendation is not a decision and is not appealable.
An application fee applies, and the applicant also pays required advertising costs. Reasonable accommodation appeals do not require application or advertising fees (ORD 2-17). The amount is printed on page 1 of the form.
Who needs to file Appeal Application – Cape Coral, FL?
Property owners and applicants who want to appeal a City of Cape Coral decision under LDC Article 3, Section 3.1.14 use this application. The regulations printed on the form describe who may appeal at each level:
- Applicants for administrative permits and approvals may request formal review of Development Services or Public Works staff decisions by the respective Department Director.
- An applicant who wants to appeal a Department Director's decision based on the Land Development Code files a written Notice of Appeal with the Development Services Department.
- Any aggrieved party to a Hearing Examiner decision on a quasi-judicial matter may appeal to the City Special Magistrate.
Decisions of the City Council on quasi-judicial matters are reviewed by petition to the Circuit Court for a Writ of Certiorari, which is a separate route from the one described above. A staff or Department Director's recommendation is not appealable.
The form must be signed by the property owner(s). If the owner holds the property in a corporate or similar name (an LLC or trust, for example), the owner signs in that corporate capacity. An authorized representative needs the Authorization to Represent Property Owner(s) form, except an attorney, who may sign the application and the Acknowledgement Form without it.
When to file Appeal Application – Cape Coral, FL
File within the time limit for the type of appeal, counted from the date of the decision. The regulations printed on the form set these periods:
- Request for review by the Development Services Director or the Public Works Director: within 30 calendar days of the administrative decision. The Director considers a complete request within ten business days of submittal.
- Administrative appeal of a Department Director's decision: a written Notice of Appeal within ten business days of the decision, filed with the Development Services Department.
- Appeal of a Hearing Examiner decision on a quasi-judicial matter: within 30 calendar days, by written Notice of Appeal filed with the City Clerk.
All items must be provided at the time of submission. Hearing dates are confirmed when you receive the Notice of Public Hearing, and advertising costs are billed and must be paid before the hearing. An appeal stays all proceedings in the matter appealed until it is finally decided.
Documents you need
- Letter of intent stating the actual request and why the request is being made; the form lists it as application requirement 1.
- Authorization to Represent Property Owner(s) form, notarized, when an authorized representative acts for the owner; not required if the representative is an attorney.
- Certified survey done within the past six (6) months, only if the city requires it; the form says it MAY be required.
- Typewritten list of all affected property owners in label format (name, address, city and zip code), only if the subject property is within 500 feet of any County properties.
How to fill out Appeal Application – Cape Coral, FL
Gather the application requirements
Page 1 lists the letter of intent, the typewritten and notarized application, the certified survey (if required) and the owner list for properties within 500 feet of County properties. Check them before you start.
Enter the property information
Fill in Project Name, Location/Address, Strap Number, Unit, Block, Lot(s), Plat Book, Page, Future Land Use and Current Zoning.
Enter the property owner details
Under Property Owner(s) Information, give each Owner's name, Phone, Email, Address, City, State and Zip. There are two owner blocks.
Add applicant and representative details
Complete the Applicant Information block only if the applicant differs from the owner. Complete Authorized Representative Information only if applicable.
Complete the owner certification
Enter the corporation or company name if applicable, and each owner's name (type or print) and the applicant's name. Signatures must be notarized, so leave them to be signed in front of a notary.
Prepare the notary block
The notary completes State, County, the date, the name of the person who signed, the identification used, expiration date, commission number, signature, printed name and stamp.
Complete the Authorization to Represent
If you use a representative who is not an attorney, enter the name of the person giving the presentation, the type of public hearing, unit, block, lot(s) and subdivision or legal description, and have the owner(s) sign and the notary complete the block.
Complete the Acknowledgement Form
Enter the date, the corporation or company name and the owner's name, then have the owner sign before a notary. It is the owner's confirmation of the hearing, fee and site inspection statements.
Review, download and assemble the package
Check that every applicable field is complete and legible, then download or print the completed PDF from FillingPDF. Add the letter of intent and any required survey or owner list, and submit as described under How to submit.
How to submit Appeal Application – Cape Coral, FL
The Planning Division encourages applicants to submit its applications through the CSS online portal; the form's header also lists the division's phone, fax and P.O. box.
- Online: the City of Cape Coral Planning Division page says applicants are encouraged to use the CSS online portal.
- Questions or help: write to [email protected] or call (239) 574-0776. The form's header also lists fax (239) 574-0591 and P.O. Box 150027, Cape Coral, FL 33915-0027.
- Notices of appeal: the regulations on the form say a Notice of Appeal of a Department Director decision goes to the Development Services Department, and one for a Hearing Examiner decision goes to the City Clerk.
Once received, the application is reviewed for completeness and invoiced. The form says all fees are submitted to the City of Cape Coral with the application and that advertising costs are billed and paid before the hearing. The city states it will never request payment by electronic funds transfer, wire transfer or third-party payment apps such as Venmo, Cash App, PayPal or Zelle. Ask the Planning Division for current fee amounts. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Handwriting the applicant's portion: the form requires it to be typewritten, and the whole application must be legible.
- Signing without a notary: the owner's signature must be notarized on the certification page and on the Acknowledgement Form.
- Submitting with items missing: all items must be provided at the time of submission.
- Signing as an individual when the property is held by an LLC, trust or similar: the owner must sign in his or her corporate capacity.
- Omitting the typewritten label-format list of property owners when the property is within 500 feet of any County properties.
- Missing the Notice of Appeal deadline: ten business days for a Department Director decision, 30 calendar days for a Hearing Examiner decision.
- Appealing a staff or Department Director's recommendation: it is not a decision and is not appealable.
- Paying by wire, electronic funds transfer or a third-party payment app, which the city says it never requests.
Frequently asked questions
What is the Cape Coral Appeal Application?
It is the City of Cape Coral Planning Division form for requesting an appeal under LDC Article 3, Section 3.1.14. It collects property, owner, applicant and representative details, a notarized certification, an authorization to represent and an acknowledgement form.
Does the Appeal Application have to be notarized?
Yes. The form says the owner's signature must be notarized, and the Authorization to Represent Property Owner(s) and the Acknowledgement Form each have a notary block. The applicant's portion must also be typewritten.
What is the deadline to file an appeal in Cape Coral?
It depends on the decision. The regulations on the form give ten business days for a Notice of Appeal of a Department Director decision, and 30 calendar days for a Hearing Examiner decision or for a request for Director review of staff decisions.
Can an attorney sign the Appeal Application for me?
Yes. If your authorized representative is an attorney, the application and the Acknowledgement Form may be signed by the attorney, and the Authorization to Represent Property Owner form is not required. Other representatives need that notarized form.
Are there fees besides the application fee?
Yes. Required advertising costs are billed and must be paid before the public hearing, and you may have to reimburse the city for recording the final Resolution or Ordinance with the Lee County Clerk of Court. Reasonable accommodation appeals pay no application or advertising fees.
Can unpaid fees block a Cape Coral permit?
Yes. After an appeal is approved, restrictions on issuing City permits stay on the property until the recording fee is paid. They prevent the city from issuing building permits, site plans, certificates of use or certificates of occupancy covered by the Resolution or Ordinance.
Where do I submit the Cape Coral Appeal Application?
The Planning Division encourages submission through the CSS online portal. For help, email [email protected] or call (239) 574-0776. After receipt the application is reviewed for completeness and invoiced.
Can I fill out the Appeal Application online on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of the City of Cape Coral and does not submit or file the application; you submit it through the city's channels.
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