Council adopts LDC changes to residential fill, HVAC placement and PUE encroachments

Cape Coral City Council adopted Ordinance 25-25 on June 4 to change three parts of the city’s Land Development Code affecting single-family residential construction: fill limitations, HVAC equipment placement, and the process for limited encroachments into public utility easements (PUEs).

Deputy Development Services Director Matt Grambo told council the ordinance refines the existing 12-inch flat maximum on fill to distinguish foundation fill (still capped at 12 inches) from on-site fill outside a structure (increased to a 30-inch maximum measured from natural grade). The change retains a deviation process by the building official that focuses on impacts to drainage, floodplain management and neighbor properties.

The ordinance also permits HVAC equipment to be placed in front yards if the unit is enclosed by an architecturally consistent screening enclosure and meets setback and height requirements; the enclosure must match building materials and be painted to match the façade.

Finally, the ordinance adds an administrative deviation pathway for certain encroachments into PUEs: qualifying encroachments must preserve at least 18 inches of the PUE from the property line, exclude mechanical/electrical/plumbing equipment and pads, include letters of no objection from utility providers with interests in the easement, and have a recorded hold-harmless/indemnity agreement. Planning & Zoning approved the ordinance 7-0 and council adopted it 8-0 after opening and closing the public hearing.