Planning and Zoning Commission backs Ordinance 44-25 to consolidate parking rules, extend citywide commercial-vehicle ban

The Planning and Zoning Commission of Cape Coral City on Sept. 4, 2025, recommended approval of Ordinance No. 44-25, a measure to consolidate the city’s parking regulations into a single section and to prohibit commercial vehicles and trailers on all rights of way. The commission approved the motion 5 to 2.

City Attorney John Di Clerio told commissioners the ordinance moves scattered parking rules out of several chapters of the Land Development Code into the Code of Ordinances “for ease of reference and for both sides,” and that “none of the regulations in the Land Development Code are being changed at all.” He said a small number of sections that currently sit in the Land Development Code—provisions addressing RV parking and boats in residential yards—are being moved without substantive change.

Di Clerio identified one substantive policy change: the city’s current street-by-street list that designates where commercial vehicles and trailers are prohibited would be repealed and replaced with a blanket prohibition citywide on rights of way. “Commercial vehicles and trailers will be prohibited on all rights of way,” Di Clerio said, noting the change is not within the Land Development Code portions of the ordinance but will live in the Code of Ordinances.

Commissioners pressed staff on enforcement and scope. Commissioner Martin asked why enforcement of existing rules has been inconsistent and whether enforcement would increase if the consolidation passes. “Why has enforcement been lacking? … Is it gonna be enforced in the future?” he asked. Di Clerio responded that code enforcement can cite property owners for parking on lawns and that the rules already in the code are enforced through complaints and proactive inspections: “Code enforcement could certainly be proactive, and if they pass a property where there's somebody parked on the grass, they could certainly cite a property owner.”

Commissioner Cimitor raised practical concerns about where commercial vehicles might park if an across-the-board ban is enforced and asked whether the city provides dedicated commercial-vehicle parking. Di Clerio said the city does not provide a municipal commercial-vehicle parking lot and pointed to private storage facilities as the existing option. He said some commercial-parking restrictions already apply to city-owned parking lots and to boat ramps and parks, and those provisions remain in the consolidated ordinance.

The commission also sought clarification about several specific provisions. Commissioners asked whether vehicle lettering (signage on trucks) would make a vehicle “commercial” for purposes of parking restrictions; Di Clerio confirmed that the ordinance’s definitions treat lettering that advertises a trade or service as commercial in certain regulated locations, such as city-owned parking lots. Commissioners asked about a service-call exception for vehicles actively working at a residence; Di Clerio said the exception applies when a worker is actively on a service call but that vehicles should not remain overnight unless actively working.

No members of the public spoke on the ordinance during the hearing. The commission’s motion to recommend approval of Ordinance 44-25 was made by Commissioner Apking and seconded by Commissioner Botana. The roll-call vote recorded Apking, Botana, Marker, Martin and Severson as voting yes; Senator and Schwartz voted no; the motion carried 5–2.

Di Clerio said the ordinance was introduced to the City Council on Aug. 20 and had been set for a council public hearing the same evening as the commission meeting. He also said that, if adopted as presented, the list-based street prohibitions would be repealed and the citywide restriction would take effect (the ordinance text referenced an effective date of Oct. 1 for the repeal of the list). The commission’s recommendation does not itself adopt the ordinance; final action is by City Council.

The commission had no public-comment speakers and received a brief planning-division update from staff member Mr. Daughtry, who reported no additional updates for the commission. The next regular Planning and Zoning Commission meeting is scheduled for Oct. 1, 2025, at 9 a.m. in Council Chambers.

The commission’s discussion emphasized consolidation and clarity rather than substantive policy change, with the exception of the citywide application of commercial-vehicle parking restrictions. Commissioners repeatedly asked about enforcement capacity and where commercial vehicles could legally park if the citywide ban is enforced; staff responses pointed to existing complaint-based enforcement and private storage as the current parking options.

Ending: The ordinance and the commission’s recommendation now move to City Council for final consideration and possible adoption.