How do I request a variance?

Cape Coral does not have a Board of Adjustment or Zoning Board of Appeals. Variance and special exception applications are decided by a Hearing Examiner (Sec. 3.4.1 through 3.4.4). A variance can be sought only from a bulk, area, or dimensional standard in Article 4 or Article 5, never from a permitted-use restriction. The Hearing Examiner must find that special conditions peculiar to the property (not shared by similar nearby land) create the need, that the applicant did not create those conditions, that granting the variance would not hand the applicant a special privilege denied to others in the same district, that literal application would cause unnecessary and undue hardship, that the variance is the minimum needed for reasonable use, that it will not change the property's permitted use, and that it will not harm the surrounding area. An approved variance runs with the land. Confirm the current application, fee, and hearing schedule with the Community Development Department, City Planning Division at 239-574-0553 before applying.