The Public Hearing Deviation Application is the form the City of Cape Coral, Florida, uses for three kinds of deviation requests: Landscape Deviation, Non-Residential Design Standard in the NC District and Marine Improvements. It is one of the Cape Coral permit and approval applications published by the Planning Division, but it is not a building permit. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the form and the city's application page are published by the City of Cape Coral.
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What is Public Hearing Deviation Application – Cape Coral, FL?
The Public Hearing Deviation Application is the City of Cape Coral form, issued through the Department of Development Services, City Planning Division, that an owner or applicant uses to request relief from a Land Development Code (LDC) requirement in one of three listed categories.\n\nThe form is a seven-page packet. It holds the requirements for each deviation type, the application with property, owner, applicant and representative information, a notarized signature block, an Authorization to Represent Property Owner(s) page, the deviation regulations and a Documentary Evidence acknowledgment.\n\nThe regulations printed on the form (LDC Section 3.4.2) state that a deviation grants relief from strict application of LDC requirements to allow minor deviations. It may be granted for non-residential design standards in Article 5, Chapter 8; landscaping deviations in Article 5, Chapter 5 that do not qualify for an administrative deviation; and design standards in the NC district. Marine improvement requests are judged under LDC Section 5.4.11.A.2. The form states that a deviation takes effect upon approval by the Hearing Examiner.\n\nThe form's cover page states that the Letter of Intent and application requirements apply to all deviation requests. It is not a building permit application.
Who needs to file Public Hearing Deviation Application – Cape Coral, FL?
The property owner, or an applicant acting for the owner, who is asking the City of Cape Coral for a deviation in one of these categories uses this form:\n\n- Landscape Deviation: a landscaping deviation under Article 5, Chapter 5 of the LDC that does not qualify for an administrative deviation.\n- Non-Residential Design Standard in the NC District: a deviation from non-residential design standards in the NC (Neighborhood Commercial) zoning district.\n- Marine Improvements: a deviation request judged under LDC Section 5.4.11.A.2.\n\nThe form says all forms (Application, Acknowledgement Form, Authorization to Represent) must be signed by the property owner or the applicant. If an authorized representative is an attorney, the attorney may sign the application and the Acknowledgement Form, and no Authorization to Represent form is required. If the owner does not hold the property in a personal name, the owner signs in a corporate capacity. If an owner is a corporation, the City Planning Division also wants a copy of the corporation papers, and the form asks that all owners be listed.
When to file Public Hearing Deviation Application – Cape Coral, FL
File this application when you want a hearing on a landscape, NC district design standard or marine improvement deviation. The form sets no calendar deadline for submitting it. The application fee is due at the time of submittal.\n\nTwo timing rules are printed on the form. Hearing dates are confirmed only when you receive the Notice of Public Hearing stating the day and time. A copy of all documentary evidence, including information you plan to present at the hearing, must be available to the decision-making body or Hearing Examiner and to staff no later than three business days before the hearing (LDC Section 3.1.11F.6).\n\nA deviation takes effect upon approval by the Hearing Examiner. After approval, if the fee for electronically recording the final signed Resolution or Ordinance with the Lee County Clerk of Court applies, restrictions on city permits for the affected property stay in place until it is paid.
Documents you need
- Letter of Intent, required for all deviation types: name the LDC subsection for which the deviation is sought and its intent and purpose, and state the actual request, hardship not caused by the applicant, or that strict conformity would inhibit innovation or creativity in design.
- Copy of any deed restrictions, if there are deed restrictions on the property.
- Landscape Deviation: a narrative defining the regulation sections, an explanation of why the deviation should be approved, and sample detail drawings, elevations and perspectives showing how it would benefit the public.
- Landscape Deviation and NC Design Standard: legal description and a certified survey done within the past six months.
- NC Design Standard: sample detail drawings, schematic architectural drawings, site plans, floor plans, elevations and perspectives showing how each deviation would serve the public interest.
- Marine Improvements: a Letter of Intent addressing the standards in Section 5.4.11.A.2 of the LDC, sample detail drawings, a site plan and a boundary survey.
- If the property is within 500 feet of any County properties (all three types): a typewritten list of affected property owners with name, address, zip code, and block and lots. Computer lists are not acceptable.
- Authorization to Represent Property Owner(s) form, completed and notarized, when someone other than the owner or applicant represents the request; not required if the representative is an attorney.
- Copy of the corporation papers, if an owner is a corporation.
- Copy of all documentary evidence, including what you will present at the hearing, available no later than three business days before the hearing.
How to fill out Public Hearing Deviation Application – Cape Coral, FL
Select the application type
At the top of the form, check Landscape Deviation, Non-Residential Design Standard in the NC District or Marine Improvements. Then read the matching list of required attachments.
Prepare the Letter of Intent
Write the Letter of Intent required for all requests, naming the LDC subsection for which the deviation is sought and its intent and purpose. For marine improvements, address the standards in Section 5.4.11.A.2.
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.
List the property owners
Under Property Owner(s) Information, enter each owner's name, phone, email, address, city, state and zip. Two owner blocks are provided; list all owners.
Add applicant and representative
Complete Applicant Information only if the applicant differs from the owner. Complete Authorized Representative Information only if applicable.
Sign the application before a notary
Enter the company name if applicable, then print and sign the owner and applicant names. Complete the notary block (state, county, date, identification, expiration date, commission number); all signatures must be notarized.
Complete the Authorization to Represent
If someone else will present the request, enter that person's name, the unit, block, lot(s), subdivision or legal description, and have each property owner sign with title before a notary. An attorney does not need this page.
Sign the Documentary Evidence page
Print and sign the owner or applicant name on the Documentary Evidence acknowledgment and have it notarized.
Review and download the completed PDF
Check that the application type matches your attachments, then download or print the completed PDF from FillingPDF. Assemble the package described under How to submit.
How to submit Public Hearing Deviation Application – Cape Coral, FL
The form does not print a submission channel of its own; the City Planning Division's application page directs applicants to the CSS online portal and to [email protected] for help.\n\n- Online: the city encourages applicants to submit through the CSS online portal; find it from the Planning Division Applications and Documents page on capecoral.gov.\n- Questions: contact [email protected]. The form's letterhead lists the City Planning Division at Tel. (239) 574-0776, Fax (239) 574-0591 and P.O. Box 150027, Cape Coral, FL 33915-0027.\n\nA fee applies and is due at the time of submittal under City Code of Ordinances Section 5-4(a)(1)a.; the amount differs for residential and non-residential applications, so confirm it with the Planning Division. The city's page says that once an application is received it is reviewed for completeness and invoiced, and that the city never asks for payment by electronic funds transfer, wire transfer or third-party payment apps such as Venmo, Cash App, PayPal or Zelle.\n\nAll signatures must be notarized before you submit. FillingPDF lets you fill out and download the PDF; submission follows the city's channels above.
Common mistakes to avoid
- Not selecting the application type (Landscape Deviation, Non-Residential Design Standard in the NC District or Marine Improvements) and so attaching the wrong support documents.
- Leaving out the Letter of Intent; the form says it applies to all deviation requests.
- Handwriting the applicant's portion; the form says it shall be typewritten.
- Signing without a notary; the form says all signatures must be notarized.
- Using a survey older than six months for a landscape or NC design standard request, or omitting the legal description.
- Submitting a computer-generated list of affected property owners; the form says computer lists are not acceptable.
- Leaving out the deed restrictions when the property has any.
- Omitting the Authorization to Represent when a non-attorney represents the owner.
- Not having documentary evidence available three business days before the hearing.
Frequently asked questions
What is the Public Hearing Deviation Application in Cape Coral?
It is the City of Cape Coral form used to request a deviation from Land Development Code requirements for landscaping, non-residential design standards in the NC district, or marine improvements. The request is heard at a public hearing, and a deviation takes effect upon approval by the Hearing Examiner.
Is this the same as a Cape Coral building permit application?
No. This form requests a deviation from Land Development Code standards. The form does note that until a recording fee tied to an approved deviation is paid, the city cannot issue building permits, site plans, certificates of use or certificates of occupancy for the affected property.
Does the application have to be notarized?
Yes. The form states that all signatures must be notarized, and the application, Authorization to Represent and Documentary Evidence pages each carry a notary block. The applicant's portion must also be typewritten.
Can an attorney sign the application for the owner?
Yes. If the authorized representative is an attorney, the attorney may sign the application and the Acknowledgement Form, and an Authorization to Represent form is not required. Other representatives need that form signed by the property owner(s).
What do I have to attach to a deviation request?
Every request needs a Letter of Intent, plus deed restrictions if any. Each type then adds its own items, such as drawings, a legal description and certified survey, or a boundary survey for marine improvements, and an owner list when County properties are within 500 feet.
Is there a fee for the deviation application?
Yes. A fee under City Code of Ordinances Section 5-4(a)(1)a. is due at submittal, with one amount for residential and another for non-residential applications. Confirm the current amount with the Planning Division at (239) 574-0776 or [email protected].
When do I have to provide documentary evidence for the hearing?
No later than three business days before the hearing. A copy of all documentary evidence, including information you intend to present at the hearing, must be available to the Hearing Examiner or decision-making body and to staff.
Can I fill out the Public Hearing Deviation Application online?
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 the application or take notarization; you submit it through the city's channels.
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