The Special Exception Application is the form the City of Cape Coral Planning and Zoning Division (City Planning Division, Department of Development Services) uses to review a request for a special exception use on a property. It is one of the planning applications behind a Cape Coral permit or approval, and it sets out the plans, notarized signatures and hearing requirements that go with the request. On this page you can fill out the form online on FillingPDF and download or print the completed PDF. The City publishes the original PDF and receives the application through its own channels, described below.
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What is Special Exception Application – Cape Coral, FL?
The Special Exception Application is the City of Cape Coral form a property owner or applicant files with the City Planning Division to request a special exception use, meaning a use the Land Development Code allows in a zoning district only with the Hearing Examiner's approval and any conditions attached.
The form is seven pages. It combines a requirements checklist, property, owner, applicant and representative information, a notarized signature page, an Authorization to Represent Property Owner(s) page, a notarized Documentary Evidence acknowledgement and the text of Section 3.4.4, Special Exceptions.
That section explains the purpose: special exception uses are essential to, or promote, public health, safety or welfare, but might impair the character of a district, so restrictions on location, size, extent and performance may be imposed. No variances may be granted that reduce or eliminate minimum requirements for these uses. A special exception is deemed abandoned if the use is discontinued for more than 1 year or if no certificate of zoning compliance is obtained. The standards also ask for consistency with the Comprehensive Plan, site suitability, adequate setbacks and mitigation of adverse impact on surrounding property.
The form says the request is for a proposed use. For an existing structure, it recommends asking the Fire and/or Building Division for a site-check before filing. The City lists it among its Planning Division applications and documents, which also include separate applications such as lot split and combine and vacation of plat.
Who needs to file Special Exception Application – Cape Coral, FL?
Property owners, or applicants acting with the owner's authority, who want a special exception use approved for a property in the City of Cape Coral file this application with the City Planning Division.
- Owners: every owner is listed on the form. If the owner does not hold the property in a personal name, the owner signs all applicable forms in a corporate capacity, and a corporation supplies a copy of its corporation papers.
- Applicants who are not the owner: complete the applicant block, which the form marks "If different from owner".
- Authorized representatives: a representative is listed where applicable. The form requires an Authorization to Represent signed by the owner, except that when the representative is an attorney, the attorney may sign the application and the Acknowledgement Form and no Authorization to Represent is required.
The form requires the applicant and/or representative to attend the hearing examiner meeting.
It is not a variance request: the regulations printed on the form state that no variances may be granted that reduce or eliminate minimum requirements for special exception uses.
When to file Special Exception Application – Cape Coral, FL
File the application when you propose a use that needs a special exception, before the hearing is scheduled. The form sets no filing deadline of its own, but it does set dates that follow the filing.
- Hearing dates are confirmed when you receive the Notice of Public Hearing stating the day and time.
- Advertising costs are billed and must be paid before the hearing.
- A copy of all documentary evidence, including what you plan to present at the public 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).
- After approval, restrictions on City permits stay on the property until the fee to record the final signed Resolution or Ordinance with the Lee County Clerk of Court is paid.
An approved special exception is deemed abandoned if the use stops for more than 1 year or no certificate of zoning compliance is obtained.
Documents you need
- Letter of Intent stating the actual request (page 1, item 1).
- Signature of the property owner or applicant, typewritten applicant portion and notarized, on the Application, Acknowledgement Form and Authorization to Represent; an attorney representative may sign the application and Acknowledgement Form instead.
- Authorization to Represent Property Owner(s), signed by each owner and notarized, when a representative other than an attorney presents the request.
- A copy of deed restrictions, if there are any on the property.
- A copy of corporation papers, if an owner is a corporation.
- Landscaping information: continuous strip along all property lines and streets serving the development, irrigation method and location of utility lines and easements; models follow Section 5.2.3.B.1.
- Development plan drawn to scale, not less than 1" = 50', with site layout, North arrow, legal description, buildings and structures, setbacks, square footage by use, driveways, parking and traffic flow.
- Certified survey done within six (6) months, only if the City requires it.
- Projected number of peak hour trips; a traffic impact study is required if more than 300 peak hour trips are projected.
- 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 Special Exception Application – Cape Coral, FL
Review the requirements checklist
On page 1, check each item you are supplying: Letter of Intent, typewritten and notarized application, landscaping, development plan, certified survey if required, and peak hour trips. Note that the applicant and/or representative must attend the hearing examiner meeting.
Enter the property information
On page 3, fill in the owner (business name), location/address, Strap Number, Unit, Block, Lot(s), Plat Book, Page, Future Land Use and Current Zoning.
List every property owner
Under Property Owner(s) Information, enter each owner's name, phone, email, address, city, state and ZIP. Use the second block for a second owner.
Add applicant and representative
Complete Applicant Information only if the applicant differs from the owner. Complete Authorized Representative Information only if one applies.
Type names and sign on page 4
Enter the corporation or company name if applicable, then the owners' and applicant's names. Each signature must be notarized, and an owner not holding title personally signs in a corporate capacity.
Complete the notary block
State, county, date, name of the signer and identification (personally known or ID produced) are entered, with the notary's signature, printed name, expiration date, commission number and stamp.
Complete the Authorization to Represent
On page 5, enter the name of the person giving the presentation, the Unit, Block, Lot(s), Subdivision or legal description, and the printed names and signatures with title of each owner, notarized. List all owners.
Sign the Documentary Evidence page
On page 6, the owner or applicant prints a name and signs to agree to make documentary evidence available three business days before the hearing; the signature must be notarized.
Review, sign and download the PDF
Check that every owner is listed and every item on page 1 is ready. Download or print the completed PDF from FillingPDF, take it to a notary and assemble the package described under How to submit.
How to submit Special Exception Application – Cape Coral, FL
The City encourages applicants to submit Planning Division applications online through the CSS online portal, and the Planning Division can be reached at [email protected] for help with an application. The form's header also prints the division's Tel. (239) 574-0553, Fax (239) 574-0591 and P.O. Box 150027, Cape Coral, FL 33915-0027; it gives no separate delivery instruction.
- CSS online portal: the route the City encourages. Applications and documents are listed on the Planning Division Applications and Documents page.
- Email for assistance: [email protected].
- Review and payment: once received, the application is reviewed for completeness and invoiced. A fee applies, based on acreage, plus required advertising costs; ask the division at (239) 574-0553 for the current amounts. The City says it never asks for payment by electronic funds transfer, wire transfer or third-party payment apps such as Venmo, Cash App, PayPal or Zelle.
Include the notarized signatures and the items checked on page 1. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Signing the application, Acknowledgement Form 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.
- Sending a representative who is not an attorney without the Authorization to Represent form signed by the owner.
- Leaving out a copy of deed restrictions when the property has them, or corporation papers when an owner is a corporation.
- Drawing the development plan at a scale smaller than 1" = 50' or omitting the North arrow, legal description or setbacks.
- Skipping the traffic impact study when more than 300 peak hour trips are projected.
- Bringing evidence to the hearing without making it available to staff and the Hearing Examiner three business days earlier.
- Not paying billed advertising costs before the hearing.
- Not paying the City to record the final Resolution or Ordinance, which leaves restrictions on building permits, site plans, certificates of use and certificates of occupancy.
- Expecting the special exception to reduce minimum requirements for the use; no variances may be granted.
Frequently asked questions
What is the Cape Coral Special Exception Application?
It is the City Planning Division form used to request a special exception use for a property, which the Hearing Examiner may approve with conditions. It includes the requirements checklist, owner and applicant details, notarized signature pages and the Section 3.4.4 regulations.
Is the Special Exception Application a Cape Coral permit?
It is a planning application for a use, not a building permit. Approval is separate from other City permits: until the fee to record the final Resolution or Ordinance is paid, the City will not issue building permits, site plans, certificates of use or certificates of occupancy for the affected property.
Does the Special Exception Application have to be notarized?
Yes. The form states that all signatures must be notarized, and it includes notary blocks on the application, the Authorization to Represent and the Documentary Evidence pages. The applicant's portion must also be typewritten.
Can someone else represent me at the hearing?
Yes. List an authorized representative and have each owner sign and notarize the Authorization to Represent. If the representative is an attorney, the attorney may sign the application and Acknowledgement Form and no Authorization to Represent is required.
Is there a fee for a special exception in Cape Coral?
Yes. The form says the fee is based on acreage, and applicants also pay required advertising costs, billed and payable before the hearing. Ask the division at (239) 574-0553 for current amounts; the City does not request payment by wire, EFT or apps such as Venmo or Zelle.
When must I provide documentary evidence for the hearing?
No later than three business days before the hearing. A copy of all documentary evidence, including what you intend to present, must be available to the decision-making body or Hearing Examiner and to staff (LDC, Section 3.1.11F.6).
Do I need a survey or traffic study?
Possibly. A certified survey done within six months may be required. A traffic impact study is required if more than 300 peak hour trips are projected; the form asks for the projected number of peak hour trips.
Can I fill out the Special Exception Application online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of the City and does not file the application; you submit it through the City's channels, such as the CSS online portal.
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