SHELL BUILDING IMPACT FEE DEFERRALS

Cape Coral Code of Ordinances ch. 2, art. II, div. 7

in effect

Cape Coral Code of Ordinances § 2-24.42 Purpose and intent.

§ 2-24.42 - Purpose and intent. It is the purpose of this division to encourage and support the development and growth of commercial and industrial enterprises within the city by establishing a procedure for the deferral of impact fees for shell buildings on commercial or industrial properties until the impact of the new commercial or industrial development occurs. (Ord. 56-95, 9-27-1995; Ord. 15-09, 4-20-2009)

Cape Coral Code of Ordinances § 2-24.43 Definitions.

§ 2-24.43 - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings set forth herein, except where the context clearly indicates a different meaning. CITY. The City of Cape Coral, Florida. INTERIOR COMPLETION PERMIT. Any permit issued by the city, that will permit completion of a shell building by authorizing work to finish interior units, so that the building may be eligible to receive a certificate of occupancy. SHELL BUILDING. Any commercial or industrial building or portion of a building, constructed so as to consist exclusively of exterior walls and unfinished interior units with rough staged utilities that precludes occupancy. This definition does not include agricultural or residential buildings. (Ord. 15-09, 4-20-2009)

Cape Coral Code of Ordinances § 2-24.44 Impact fees subject to deferral.

§ 2-24.44 - Impact fees subject to deferral. (a) Persons seeking a building permit for a commercial or industrial shell building may, at their option, defer, for a period not to exceed 36 months, payment of any roads impact fees and/or utility capital expansion impact fees until issuance of interior completion permits. (b) Public safety impact fees are not deferrable under this article because the impact upon public safety resources commences upon completion of the shell building, regardless of when the individual interior units are completed. (c) Unless the impact fee(s) for the property are otherwise deferred pursuant to the provisions of Chapter 2, Administration, Article II, Fees, Division 6, Impact Fee Deferrals, no interior completion permit(s) shall be issued until the applicant pays any and all impact fee(s) that are due to the city or demonstrates to the director of the department of community development or his or her designee that any and all impact fee(s) for the building have been paid. (Ord. 56-95, 9-27-1995; Ord. 15-09, 4-20-2009)

Cape Coral Code of Ordinances § 2-24.45 Effect of impact fee deferral.

§ 2-24.45 - Effect of impact fee deferral. (a) Unless an additional impact fee deferral is approved pursuant to the provisions of Chapter 2, Administration, Article II, Fees, Division 6, Impact Fee Deferrals, any impact fee deferred under this article shall be paid to the city within 36 months from the issuance of the shell building permit or prior to the issuance of any interior completion permits for the subject property, whichever occurs first. The amount of the impact fee(s) shall be at the rate that was in effect when the impact fee(s) were deferred. Nothing in this article shall be construed to prohibit the payment of an impact fee which has been deferred under this article prior to the expiration of the deferral period. No penalty shall be assessed for pre-payment of deferred impact fees. (b) Deferral of utility capital expansion fees. Utility capital expansion fees are charged based on the size of the meter. For commercial and industrial properties, a building may have only one "master" meter to service all units or each individual unit or tenant space can be individually metered. In the event the building is master metered, the entire utility capital expansion fee must be paid in full no later than the time when the first interior completion permit is issued. If the units are individually metered, deferred utility capital expansion fees become due and payable at the time each interior completion permit is applied for. If the shell building permit application specifies that each unit will be individually metered and the applicant later revises the application to provide for a master meter, then the entire utility capital expansion fee must be paid in full no later than the time when the first interior completion permit is issued. (c) Deferral of road impact fees. The amount of the road impact fee is based on land use type. In the event of a change of use, redevelopment, or modification of an existing use, § 2-24.26(a)(4) provides that an additional impact fee may be due and will be based upon the net increase in the impact fee for the new use as compared to the previous use. The initial deferred road impact fee shall, therefore, be the minimum amount that is due and an additional impact fee may be due if there is a change of use at the time any interior completion permit is issued. (Ord. 56-95, 9-27-1995; Ord. 15-09, 4-20-2009)

Cape Coral Code of Ordinances § 2-24.46 Liens.

§ 2-24.46 - Liens. (a) Owners who desire to defer road and/or utility capital expansion fees shall execute a voluntary lien, on a form prescribed by the city, at the time the impact fees would normally be due and payable. All impact fees deferred under this article shall constitute a lien upon the property for which the impact fee(s) were originally imposed from the date when the impact fee(s) would originally have been due if not deferred until a time as the impact fee(s) are finally paid in full. The lien shall be of the same nature and to the same extent as a lien for general county and municipal taxes falling due in the same year or years as when the impact fee was originally due or, if an extended payment period is approved, then in the same year or years as when the payments fall due. The lien shall be superior in dignity to all other liens, titles and claims, until paid. Any impact fee lien not paid when due shall be deemed delinquent and shall bear interest at the rate provided in F.S. § 55.03(1) for interest on judgments. (b) The city shall have the right to appoint an agent, in addition to the City Attorney, to foreclose, in the manner provided for by law for the collection of and foreclosure of a mortgage, any deferred impact fee lien that is not paid within 30 days of the date it becomes due. All costs, fees and expenses, including a reasonable attorney's fee, related to any foreclosure action as described herein shall be borne by the delinquent property owner(s). (c) It shall be the duty of the city and its agents, if any, to enforce the prompt collection of impact fee payments by the means herein provided, and that duty may be enforced at the suit of any holder of bonds issued under any ordinance pledging the impact fees in a court of competent jurisdiction by mandamus or other appropriate proceedings or action. (d) The city may join in any one action the collection of impact fee payments against any or all property subject to lien(s) in accordance with the provisions of this article. All delinquent property owners whose property is foreclosed shall pay fees, costs and expenses incurred by the city and its agents, including reasonable attorney's fees, in the collection of delinquent impact fees and any other costs incurred by the city as a result of the delinquent payments including costs paid for borrowing additional funds necessitated by the delinquency, and the same shall be collectible as a part of or in addition to, the costs of the action. (e) At the sale pursuant to decree in any such action, the city may be the purchaser to the same extent as an individual person or corporation. Property so acquired by the city may be sold or otherwise disposed of, the proceeds of the disposition to be placed in the trust funds for the applicable impact fee(s) and thereafter expended from the fund as directed by the City Council. (f) Any informality or irregularity in the proceedings in connection with the levy of a lien for unpaid impact fees under the provisions of this article shall not affect the validity of the same after confirmation thereof, and any lien for the impact fee as finally approved and affirmed shall be competent and sufficient evidence that the impact fee lien was duly levied, that the impact fee lien was duly made an adopted, and that all other proceedings adequate to the impact fee lien were duly had, taken and performed as required by this article. No variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. notwithstanding the provisions of this section, any party objecting to an impact fee lien imposed pursuant to this article must file an objection with a court of competent jurisdiction within 20 days from the date the lien is recorded in the public records of Lee County. (Ord. 56-95, 9-27-1995; Ord. 15-09, 4-20-2009) (Ord. 56-95, 9-27-1995; Ord. 15-09, 4-20-2009) (Ord. 56-95, 9-27-1995) (Ord. 56-95, 9-27-1995) (Ord. 56-95, 9-27-1995) (Ord. 56-95, 9-27-1995)

Cape Coral Code of Ordinances § 2-24.47 Saving provision.

§ 2-24.47 - Saving provision. (a) The provisions of this article shall apply for all impact fee(s) hereafter deferred by the city. (b) In the event any impact fee lien is determined to be ineffective for any reason, it shall not preclude the city from instituting the procedures necessary for reinstituting any impact fee lien and payments thereof under the terms of this article. (Ord. 56-95, 9-27-1995)

Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH2AD_ARTIIFE_DIV7SHBUIMFEDEFetched: 11/4/2026