MOBILITY FEES

Cape Coral Code of Ordinances ch. 2, art. II, div. 5

in effect

Cape Coral Code of Ordinances § 2-24.21 Short title, authority and applicability.

§ 2-24.21 - Short title, authority and applicability. (a) This division shall be known and may be cited as the City of Cape Coral " Mobility Fee Ordinance". (b) The City Council has the authority to adopt this division pursuant to Article VIII of the Constitution of the State of Florida and F.S. Ch. 166. (c) This division shall apply within the territorial boundaries of the city as they now exist or may exist in the future as a result of expansion or reduction by annexation or contraction of the municipal boundaries. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

Cape Coral Code of Ordinances § 2-24.22 Intents and purposes.

§ 2-24.22 - Intents and purposes. (a) This division is intended to establish the Cape Coral Mobility Fee system to serve as an alternative transportation system, consistent with F.S. § 163.3180, that replaces transportation concurrency, proportionate share, and road impact fees with a mobility fee, based on mobility projects identified in the Mobility Plan, allows new development in compliance with the Comprehensive Plan to share in the burdens of growth and to equitably mitigate its off-site impact to the multimodal transportation system through payment of a mobility fee. (b) The purpose of this division is to ensure new development pays an attributable share of the reasonably anticipated costs of mobility projects that are needed to accommodate the growth in person travel demands created by new development consistent with the needs requirement of the dual rational nexus test. (c) The imposition, exemption, determination, credits, collection, expenditure, administration, implementation, maintenance, and update of the mobility plan and mobility fee shall be collectively referred to as the Cape Coral Mobility Fee system. (d) The imposition of a mobility fee, assessed at building permit application, in an amount based upon the most recently adopted mobility fee schedule maintained by the city, will allow new development to equitably mitigate its impact to the city's multimodal transportation system, through a one-time payment of the mobility fee, that is proportional and reasonably connected to the person travel demand generated by new development, at the time of building permit issuance. (e) The mobility fee schedule is intended to reflect a mobility fee rate per applicable unit of measure in an amount that is based on the person travel demand attributable to new development, the person miles of capacity needed to serve that new development, and the cost of mobility projects established in the Mobility Plan. (f) The expenditure of mobility fees on mobility projects, identified in the Mobility Plan, will be prioritized by the City Council through the annual update of the Capital Improvement Program. (g) Mobility fees are intended to be expended within the mobility fee benefit district in which they are collected to ensure that new development receives a mobility benefit from the mobility fees that it paid consistent with the benefits requirement of the dual rational nexus test. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

Cape Coral Code of Ordinances § 2-24.23 Plan, report and study.

§ 2-24.23 - Plan, report and study. (a) The Cape Coral 2045 Mobility Plan (herein "Mobility Plan") dated August 2025 and prepared by NUE Urban Concepts, LLC and DDEC, LLC, has been reviewed and approved by the City Council and is incorporated into this division. This incorporation includes the mobility projects established in the Mobility Plan intended to provide the multimodal capacity needed to accommodate projected person travel demand increases from new development. The mobility projects serve as the basis for calculation of the mobility fee. The Mobility Plan shall be utilized by the city as a resource to recommend mobility projects for funding. The City Council will further prioritize the funding of mobility projects through the annual update of the Capital Improvements Program. (b) The Cape Coral 2045 Mobility Fee Technical Report (herein "Technical Report") dated August 2025 and prepared by NUE Urban Concepts, LLC, has been reviewed and approved by the City Council and is incorporated into this division. This incorporation includes, but is not limited to, the following: the increases in person miles of travel based on projected growth, the most recent and localized data used to calculate the mobility fee, the methodology for calculating the mobility fee, the multimodal capacity assigned to mobility projects and the subsequent person miles of capacity provided by those mobility projects, the cost of mobility projects, the roughly proportional person travel demand for land uses in the mobility fee schedule, and the mobility fee rates assigned to various land use categories, and the basis of the assumptions, conclusions, and findings in such report as to the basis of the mobility fee. The Technical Report demonstrates the technical analysis and detailed methodology supporting the mobility fees. (c) The Cape Coral Mobility Fee Extraordinary Circumstances Study dated July 2025 and prepared by NUE Urban Concepts, LLC, has been reviewed and approved by the City Council and is incorporated into this division. This incorporation includes the findings based on the extraordinary population growth of Cape Coral, the need for mobility plan projects to accommodate that growth, and the extraordinary construction cost inflation since the city last updated its road impact fee. The Extraordinary Circumstances Study establishes the findings of extraordinary circumstances to adopt mobility fees at the fully calculated rates, without a phase-in of the updated mobility fee rates, detailed in The City of Cape Coral Mobility Fee Technical Report dated August 2025. (d) The Mobility Plan, the Technical Report, and the Extraordinary Circumstances Study are maintained by and available upon request from the City Clerk's Department. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

Cape Coral Code of Ordinances § 2-24.24 Definitions.

§ 2-24.24 - Definitions. Article 11 of the Land Development Code includes definitions for mobility fee specific terms used in this ordinance. The Technical Report also includes definitions of mobility terms used in the Mobility Plan and Technical Report, which are incorporated herein. Any defined terms in the Technical Report shall not supersede conflicting definitions in the Land Development Code for non-mobility fee purposes. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

Cape Coral Code of Ordinances § 2-24.25 Imposition of mobility fees.

§ 2-24.25 - Imposition of mobility fees. The mobility fee imposed by the city shall apply to all building permit applications from new development that result in an increase in person travel demand. (a) Imposition. There is hereby imposed upon all new development a mobility fee assessed at the time of building permit application. Mobility fees shall be assessed at the mobility fee rate in effect at the time of application. The total mobility fee shall be assessed for all new development included as part of the building permit application. (b) Payment. The mobility fee shall be paid at the time of building permit issuance. No building permit requiring payment of a mobility fee shall be issued until said mobility fee has been paid except as otherwise herein provided. The obligations for payment of mobility fees shall run with the new development for which the building permit is requested. An applicant may voluntarily elect to pay the mobility fee at any time between the official assessment of mobility fees and the issuance of the building permit. To avoid the time and cost of processing refunds, the mobility fee shall not be paid prior to official assessment of mobility fees for a building permit application. (c) Unpaid fees. If mobility fees are owed, no new development building permits may be issued while the mobility fee remains unpaid. The city may authorize the initiation of any action as permitted by law or equity to collect the unpaid fees. (d) Calculation. The mobility fee shall be calculated based on the assessment area in which the development is located, the type of land use, and the applicable unit of measure detailed on the mobility fee schedule multiplied by the total number of units. (e) Change in use. A change in use that results in a more intense land use shall be required to pay the difference in mobility fees based on the current development and the proposed development. The determination of mobility fees shall be based on the assessment area, the existing and proposed land use, the unit of measure, and the total number of units. (f) Change in size. An increase in square footage for a land use where the unit of measure is illustrated per square foot or per 1,000 square feet will most likely result in an increase in person travel demand and a mobility fee assessment. A decrease in size will likely not result in a mobility fee assessment, unless there is also a change in use to a more intense land use that increases person travel demand. There may be limited instances where an increase in square footage, such as enclosing an HVAC system or constructing a mechanical room or complying with an order from the Fire Marshall that inadequate space is being provided at a place of assembly to meet fire code requirements. (g) Change in unit of measure. An increase in the number of units associated with a unit of measure other than square footage will most likely result in an increase in person travel demand and a mobility fee assessment. An increase in the number of rooms for overnight lodging or addition of a drive-thru lane for a fast-food restaurant would result in a mobility fee assessment. Reduction or removal of a unit of measure is addressed under mobility fee offsets. (h) Refund. If there is a change in size, use, or unit of measure that results in a decrease in person travel demand based on the existing use of land, the applicant shall not be entitled to a refund. The applicant may receive an offset to be applied against the assessed mobility fee for the proposed land use as part of redevelopment of an existing development. (i) Abandoned structures. A structure or use that is inactive and has been abandoned or vacant for a period of more than four years shall not be considered an existing or active use for purposes of calculating mobility fee offsets. Thus, person travel demand associated with the structure or use is no longer captured in the collected travel demand data that serves as a component to determine the need for mobility projects. The burden of demonstrating the existence of a use or structure shall be upon the applicant where an offset request is made. (j) Prior payment. For structures and uses considered to be active, any previous payment of road impact fees or mobility fees may be credited against the appropriate mobility fees owed as a result of a change of use or re-establishing a use of land or structure that has been abandoned or vacant. The burden of demonstrating the amount of road impact fee or mobility fee paid shall be upon the applicant where an offset request is made. (k) Request for credit or offset. Any request for credit or offsets of a mobility fee shall be made prior to submittal of a building permit application and shall be resolved prior to issuance of a building permit application, unless otherwise stated in a written agreement between the applicant and the City Manager or designee. Any credits or offsets not so claimed shall be deemed waived by the applicant. Credits would have been issued in exchange for construction of an off-site improvement or mobility project and would be documented in an agreement between the city and a development entity. Offsets are based on existing uses of land and development on that land that may be redeveloped. Credits and offsets may be further detailed in an administrative manual or administrative procedures established by the city. (l) Administration. The City Manager or designee, in consultation with the City Attorney, shall administer, implement, maintain, and update the Mobility Fee system on behalf of the city and shall have the authority to act regarding the imposition of the fee, payment of the fee, determination of credit or off-set utilization, or other such action to ensure that the imposition of mobility fee meets all legal and statutory requirements and to address unique circumstances that may arise from time to time that are not expressly addressed herein. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

Cape Coral Code of Ordinances § 2-24.26 Exemption from mobility fees.

§ 2-24.26 - Exemption from mobility fees. A general exemption from liability for mobility fee assessment applies to all active building permits which were subject to payment of a road impact fees. All exempt developments shall have valid unexpired building permits as of the date of effective date of the Mobility Fee Ordinance. Any building permit application for a building permit in process as of the effective date of the Mobility Fee Ordinance shall also be exempt from mobility fee assessments, provided that a building permit is issued within one year of the effective date of the Mobility Fee Ordinance. The following specific types of new development will be exempt from liability for mobility fee assessments after the effective date, unless otherwise administratively determined to be subject to mobility fees: (a) Modifications. Additions, remodeling, rehabilitation, or other improvements to an existing residential structure, provided there is no increase in the square footage of a dwelling unit for residential land uses; or (b) Rebuilding. Rebuilding of a damaged or destroyed structure, provided there is no increase in the square footage for residential or non-residential uses, or increase in the number of units of measure for land uses where mobility fees are assessed on a unit other than square feet; (c) Change of use. A change in use that does not generate additional person travel demand; or (d) Amenities and ancillary uses. Development amenities and ancillary uses not available to the public and accessory structures that do not result in an increase in person travel demand and are not accessible to the public. (e) Governmental entity. A federal, state, county, municipal, or governmental entity structure, excluding community development districts or special districts. Public and charter schools for pre-K to 12th grade are exempt from mobility fees per Florida Statute; community colleges, colleges, and universities are not exempt. (f) Timing. Any claim of exemption must be made no later than the time of application for a building permit. (g) Administration. The City Manager or designee shall have the authority to act regarding declaring or revoking an exemption of the mobility fee to address unique circumstances that may arise from time to time that are not expressly addressed herein. Any request for exemptions shall be supported by substantial and competent evidence provided by the applicant at the time of the request. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

Cape Coral Code of Ordinances § 2-24.27 Mobility fee schedule.

§ 2-24.27 - Mobility fee schedule. (a) Any person who shall initiate any new development that results in an increase in person travel demand, except as otherwise provided for herein, shall pay a mobility fee, based on the applicable assessment area, land use, and unit of measure, as set forth in the most recently adopted mobility fee schedule. The most recently adopted mobility fee schedule shall be maintained by the City Clerk's Department. The mobility fee schedule is provided in Table 2-24-1: CAPE CORAL MOBILITY FEE SCHEDULE: SOUTH CAPE CORE (SCC) ASSESSMENT AREA (SEPTEMBER 2025) | | | | | Land Use Categories (Dark Grey), Use Classifications, & Representative Uses (In Parentheses) | Unit of Measure (UM) | January 1, 2026 South Cape Core Mobility Fee | January 1, 2027 South Cape Core Mobility Fee | January 1, 2028 South Cape Core Mobility Fee | January 1, 2029 South Cape Core Mobility Fee Residential & Lodging Uses | | | | | Attainable Housing (Value of $350,000 or less) | per dwelling | $2,774 | $2,774 | $2,774 | $2,774 Single-Family Detached | per dwelling | $3,765 | $4,184 | $4,602 | $5,021 Multi-Family Residential (Apartments, 2 or more attached units, Attached, Condo, Timeshare) | per dwelling | $2,640 | $2,934 | $3,227 | $3,521 Hotel & Overnight Accommodations (B&B, Condo Hotel, Hotel, Motel) | per room | $2,729 | $2,938 | $3,148 | $3,357 Mobile Residence (Manufactured Home, Mobile Home Park, Recreational Vehicle, Travel Trailer) | per space or lot | $1,934 | $2,122 | $2,309 | $2,497 Commercial & Retail Uses | | | | | Local Retail [Non-Chain or Franchisee] (Goods, Merchandise, Personal Services, Restaurant, Retail) | per 1,000 sq. ft. | $4,715 | $4,715 | $4,715 | $4,715 Multi-Tenant Retail (Goods, Merchandise, Personal Services, Restaurant, Retail/Shopping Center, Supermarket) | per 1,000 sq. ft. | $6,423 | $7,136 | $7,850 | $8,564 Sit Down Restaurant | per 1,000 sq. ft. | $8,076 | $8,824 | $9,571 | $10,318 Free-Standing Retail (Auto, Banks, Discount, Grocery, Home Improvement, Pharmacy, Superstore, Wholesale) | per 1,000 sq. ft. | $9,689 | $10,318 | $10,318 | $10,318 Self Service Car Wash | Per stall | $2,134 | $2,371 | $2,608 | $2,846 Convenience Store w/gas sales | per 1,000 sq. ft. | $14,264 | $15,849 | $17,434 | $19,019 Convenience Retail (Automated Car Wash, Convenience Store w/out fuel sales, Gas Station, Fast Food, Quick Service Restaurant) | per 1,000 sq. ft. | $15,729 | $17,074 | $18,419 | $19,763 Institutional Uses | | | | | Cultural & Assembly (Arts, Center, Civic, Club, Cultural, Lodge, Place of Assembly, Church/Place of Worship) | per 1,000 sq. ft. | $1,872 | $2,080 | $2,288 | $2,496 Long Term Care (Assisted Living, Continuing Care Facility, Community or Group Home, Nursing Home/Facility) | per 1,000 sq. ft. | $1,640 | $1,823 | $2,005 | $2,187 Elementary/secondary school (private) | per 1,000 sq. ft. | $902 | $1,003 | $1,103 | $1,203 Day Care Center (Family Day Care, Day Care Center, Pre-K) | per 1,000 sq. ft. | $2,800 | $2,800 | $2,800 | $2,800 Office Uses | | | | | General Office | per 1,000 sq. ft. | $2,963 | $3,293 | $3,622 | $3,951 Hospital | per 1,000 sq. ft. | $4,694 | $5,187 | $5,187 | $5,187 Office (Higher Education, Medical Office, Professional Services) | per 1,000 sq. ft. | $5,187 | $5,187 | $5,187 | $5,187 Medical (Clinic, Dental, Free Standing Emergency Room, Emergency Care, Medical, Veterinary) | per 1,000 sq. ft. | $9,422 | $10,211 | $10,211 | $10,211 Recreational Uses | | | | | Marina (wet berths, dry slips, ancillary repair, yacht club) | per berth plus per 10 slips | $222 | $445 | $667 | $889 Golf Course (Publicly accessible) | per acre | $1,073 | $1,176 | $1,278 | $1,380 Entertainment, Outdoor (Amusement, Campground, Commercial Recreation Outdoor, Multi-Purpose, Tennis, Pickleball, Water Slide Park) | per acre | $2,041 | $4,083 | $6,124 | $8,166 Entertainment, Indoor (Arcade, Commercial Recreation Indoor, Gym, Multi-Purpose, Movie Theater) | per 1,000 sq. ft. | $8,772 | $9,174 | $9,174 | $9,174 Industrial Uses | | | | | Warehouse | per 1,000 sq. ft. | $1,791 | $1,935 | $1,935 | $1,935 Mini warehouse | per 1,000 sq. ft. | $626 | $679 | $733 | $786 Industrial (Assembly, Brewing, Distilling, Distribution, Fabrication, Flex Space, Heavy, Light, Manufacturing, Nursery, Outdoor Storage, Processing, Self-Service Storage, Trades, Industrial Park, Utilities) | per 1,000 sq. ft. | $1,935 | $1,935 | $1,935 | $1,935 Port & Terminal | | | | | General Aviation Airport (small private and corporation airport) | per employee | $1,959 | $3,918 | $5,876 | $7,835 Vertiports & Transport Hubs | per space plus per alight / boarding zone | $509 | $1,017 | $1,526 | $2,035 CAPE CORAL MOBILITY FEE SCHEDULE: SOUTH CAPE (SC), CENTRAL CAPE (CC) & NORTH CAPE (NC) ASSESSMENT AREAS [SEPTEMBER 2025] | | | | | Land Use Categories (Dark Grey), Use Classifications, & Representative Uses (In Parentheses) | Unit of Measure (UM) | January 1, 2026 SC, CC, NC Mobility Fee | January 1, 2027 SC, CC, NC Mobility Fee | January 1, 2028 SC, CC, NC Mobility Fee | January 1, 2029 SC, CC, NC Mobility Fee Residential & Lodging Uses | | | | | Attainable Housing (Value of $350,000 or less) | per dwelling | $3,685 | $4,024 | $4,024 | $4,024 Single-Family Detached | per dwelling | $3,765 | $4,184 | $4,602 | $5,021 Multi-Family Residential (Apartments, 2 or more attached units, Attached, Condo, Timeshare) | per dwelling | $2,640 | $2,934 | $3,227 | $3,521 Hotel & Overnight Accommodations (B&B, Condo Hotel, Hotel, Motel) | per room | $2,835 | $3,150 | $3,465 | $3,780 Mobile Residence (Manufactured Home, Mobile Home Park, Recreational Vehicle, Travel Trailer) | per space or lot | $1,965 | $2,184 | $2,402 | $2,621 Commercial & Retail Uses | | | | | Local Retail [Non-Chain or Franchisee](Goods, Merchandise, Personal Services, Retail) | per 1,000 sq. ft. | $5,790 | $5,871 | $5,871 | $5,871 Multi-Tenant Retail (Goods, Merchandise, Personal Services, Restaurant, Retail, Supermarket, Retail/Shopping Center) | per 1,000 sq. ft. | $6,423 | $7,136 | $7,850 | $8,564 Sit Down Restaurant | per 1,000 sq. ft. | $8,245 | $9,161 | $10,077 | $10,994 Free-Standing Retail (Auto, Bank, Discount, Grocery, Home Improvement, Pharmacy, Superstore, Wholesale) | per 1,000 sq. ft. | $10,007 | $10,954 | $11,901 | $12,848 Car Wash, Self Service | Per stall | $2,134 | $2,371 | $2,608 | $2,846 Convenience Store w/gas sales | per 1,000 sq. ft. | $14,264 | $15,849 | $17,434 | $19,019 Convenience Retail (Car Wash, Convenience Store w/out fuel sales, Gas Station, Fast Food, Quick Service Restaurant) | per 1,000 sq. ft. | $16,182 | $17,980 | $19,778 | $21,576 Institutional Uses | | | | | Cultural & Assembly (Arts, Center, Civic, Club, Cultural, Lodge, Place of Assembly, Church/Place of Worship) | per 1,000 sq. ft. | $1,872 | $2,080 | $2,288 | $2,496 Long Term Care (Assisted Living, Continuing Care Facility, Community or Group Home, Nursing Home/Facility) | per 1,000 sq. ft. | $1,640 | $1,823 | $2,005 | $2,187 Elementary/seconday school (private) | per 1,000 sq. ft. | $902 | $1,003 | $1,103 | $1,203 Day Care Center (Family Day Care, Day Care Center, Pre-K) | per 1,000 sq. ft. | $3,229 | $3,229 | $3,229 | $3,229 Office Uses | | | | | General Office | per 1,000 sq. ft. | $2,963 | $3,293 | $3,622 | $3,951 Hospital | per 1,000 sq. ft. | $4,667 | $5,134 | $5,600 | $6,067 Office (Higher Education, Medical Office, Professional Services) | per 1,000 sq. ft. | $6,067 | $6,067 | $6,067 | $6,067 Medical (Clinic, Dental, Free Standing Emergency Room, Emergency Care, Medical, Veterinary) | per 1,000 sq. ft. | $9,524 | $10,415 | $11,305 | $12,196 Recreational Uses | | | | | Marina (wet berths, dry slips, ancillary repair, yacht club) | per berth plus per 10 slips | $292 | $584 | $876 | $1,169 Golf Course (Publicly accessible) | per acre | $1,092 | $1,214 | $1,335 | $1,457 Entertainment, Outdoor (Amusement, Campground, Commercial Recreation Outdoor, Multi-Purpose, Tennis, Pickleball, Water Slide Park) | per acre | $2,682 | $5,365 | $8,047 | $10,730 Entertainment, Indoor (Arcade, Commercial Recreation Indoor, Gym, Multi-Purpose, Movie Theater) | per 1,000 sq. ft. | $9,290 | $10,212 | $11,133 | $12,055 Industrial Uses | | | | | Warehouse | per 1,000 sq. ft. | $1,800 | $1,955 | $2,109 | $2,263 Mini warehouse | per 1,000 sq. ft. | $626 | $679 | $733 | $786 Industrial (Assembly, Brewing, Distilling, Distribution, Fabrication, Flex Space, Heavy, Light, Manufacturing, Nursery, Outdoor Storage, Processing, Self-Service Storage, Trades, Warehouse, Utilities, Industrial Park) | per 1,000 sq. ft. | $2,263 | $2,263 | $2,263 | $2,263 Port & Terminal | | | | | General Aviation Airport (small private and corporation airport) | per employee | $2,291 | $4,582 | $6,873 | $9,164 VertiPorts & Transport Hubs | per space plus per alight/ boarding zone | $595 | $1,190 | $1,785 | $2,380 (b) Assessment area. There are four Mobility Fee Assessment Areas with varying mobility fee rates. The four areas are as follows: (1) South Cape Core; (2) Southeast Infill; (3) Central Transitional; and (4) North Cape Reserve. The mobility fee assessed on new development shall be based on the assessment area in which the new development is located and the specific land uses established on the mobility fee schedule. The four areas are illustrated on the Mobility Fee Assessment Areas map. The map is included in the Technical Report, is attached as Exhibit "C" to the Mobility Fee Ordinance, is maintained and available upon request from the City Clerk's Department. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

Cape Coral Code of Ordinances § 2-24.28 Mobility fee determination.

§ 2-24.28 - Mobility fee determination. (a) Determination. The mobility fee per land use shall be determined using the closest land use category on the mobility fee schedule. (b) Closest use determination. In the event a new development involves a land use not contemplated under the mobility fee land use categories on the mobility fee schedule, the mobility fee shall be determined utilizing the closest land use category based on the ITE Trip Generation Report. (c) Mixed-Use. In the event new development involves a mixture of land uses, the mobility fee shall be based on each separate mobility fee land use classification. (d) Assessment. The mobility fee shall be determined using the appropriate assessment area, land use category, land use classification, unit of measure, and mobility fee rate established on the mobility fee schedule. (e) Additive mobility fee. The total mobility fee for non-residential land uses with an additive mobility fee shall be based on the mobility fee assessed based on square footage and the mobility fee assessed based on the applicable unit of measure such as bay, lane, position, or stall. (f) Alternative land use. In the event an applicant disagrees with the mobility fee assessment based on the proposed land use, the applicant may submit an alternative land use determination application consistent with the criteria established in the administrative manual. (g) Alternative mobility study. In the event an applicant believes that the cost to mitigate the impact of new development is less than the mobility fee established in the mobility fee schedule, the applicant may submit an alternative mobility fee study application. (h) Prior approved development. New development activity approved prior to the effective date of the mobility fee that entered into a developer agreement or other agreement with the city that exempted the new development from some or all of a proportionate fair share or road impact fee payment shall be required to mitigate its impact as required in the agreement. (i) City Determination. The City Manager or designee, in consultation with the City Attorney, shall have the authority to act regarding determination of use, request to reconsider determinations, use of credit or off-sets, acceptance of alternative studies, payment of the fee, timing of payment, updates of the fee that result in a reduction, and to address unique circumstances that may arise from time to time that are not expressly addressed herein. A fee adjustment may be granted upon the submittal of an independent mobility or traffic impact study, which shall be completed and prepared by a certified/qualified professional, at the applicant's sole expense. Such study must be reviewed and approved by the City Manager, or designee, to determine the eligibility of a potential fee adjustment. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

Cape Coral Code of Ordinances § 2-24.29 Agreements.

§ 2-24.29 - Agreements. (a) Request. In lieu of the payment of mobility fees, an applicant may request to enter into a developer agreement to advance a mobility project identified in the mobility plan or capital improvements program. (b) Impact. New development activity shall be presumed to generate the maximum impact generated by the most intensive use permitted under the applicable land use consistent with the Comprehensive Plan or development order approvals. (c) Credit account. A mobility fee credit account may be established against which mobility fees assessments from new development within the overall proposed development would be debited against at a time period defined in the agreement; or (d) Benefit district. A development specific benefit district may be established in which subsequent new development would pay the assessed mobility fee, and the development would be reimbursed from the mobility fees collected within the benefit district at time periods defined in the agreement. (e) Application. The City Manager or designee shall create and implement an administrative manual or administrative procedures which shall detail the application requirements for the agreement, as well as the schedule and approval process. (f) Administration. The City Manager or designee, in consultation with the City Attorney, shall determine the process, requirements, and time frame for agreements until such time as an administrative manual or administrative procedures are developed. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

Cape Coral Code of Ordinances § 2-24.30 Credits.

§ 2-24.30 - Credits. (a) Road impact fee credits. Development with road impact fee credits granted prior to the effective date of the mobility fee ordinance shall draw down on those credits based on the last effective road impact fee schedule, unless otherwise provided for in an agreement, until such time as all credits are utilized. Once all road impact fee credits are used, any subsequent new development where road impact fee credits are not available shall pay the mobility fee in effect at the time of building permit application. (b) Request. An applicant may request credit against any assessed mobility fee in an amount equal to the cost of mobility projects or contributions of land, money, or services for mobility projects contributed, paid for, or committed to by the applicant or his predecessor in interest. (c) Capital improvements program. Only mobility projects included in the mobility plan or capital improvements program are eligible for mobility fee credits. An applicant may request that the city add a mobility project to the Capital Improvements Program. (d) Application. The administrative manual or administrative procedures shall detail the application requirements for the agreement, as well as the schedule, approval process, and use of the credit. (e) Plan and code requirements. Mobility projects required to meet minimum comprehensive plan or land development code requirements are not eligible for mobility fee credit. Site related access improvements such as turn lanes, sidewalks, bike lanes, or traffic signals are not eligible for mobility fee credit. (f) Administration. The City Manager or designee shall determine eligibility, the process, requirements, and time frame for credit applications, credit request, granting of credit for advancing mobility projects or dedicating right-of-way beyond that required to facilitate access to and from the development until such time as an administrative manual or administrative procedures are developed. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

Cape Coral Code of Ordinances § 2-24.31 Mobility fee benefit districts.

§ 2-24.31 - Mobility fee benefit districts. (a) Benefits test. The establishment of mobility fee benefit districts is the best method of ensuring that the mobility fees paid by new development are expended on mobility projects that provide a mobility benefit to the new development as required in the benefits test of the dual rational nexus test. (b) Expenditure. Mobility fee benefit districts provide a clearly defined boundary for the expenditure of mobility fee revenue. Establishing mobility fee benefit districts ensures that funds paid by new development are spent on mobility projects to accommodate person travel demand within the benefit district, providing a reasonable nexus between the expenditure of mobility fee revenue and the new development for which the mobility fees are paid. (c) Establishment. There are two mobility fee benefit districts established. The first benefit district, herein "south benefit district", includes all portions of the city south of Pine Island Road, bounded by Trafalgar Parkway, Santa Barbara Blvd S, and Hancock Bridge Parkway. The second benefit district, herein "north benefit district", includes all portions of the City on the north side of and encompassing Pine Island Road. The map is included in the Technical Report, is attached as Exhibit "D" to the Mobility Fee Ordinance and is maintained and available upon request from the City Clerk's Department. (d) New development. The city may elect to establish a benefit district for new development that agrees to advance construction of a mobility project. The benefit district may extend beyond the boundaries of the new development where an advanced mobility project provides a mobility benefit to adjacent areas. (e) Special revenue funds. The city shall establish a special revenue fund for each mobility fee benefit district. Collected mobility fees shall be deposited into the applicable special revenue fund. Mobility fees shall not be deposited into general revenue funds. Special revenue funds shall be established where a municipality elects to participate in the city's mobility fee system or where the city enters into an agreement with a new development to establish a new benefit district. (f) Expenditure outside benefit district. In recognition that person travel demand along certain corridors provides a mobility benefit beyond the limits of a mobility fee benefit district, the following are instances in which mobility fees may be expended from multiple benefit districts: (1) District boundary. The city may spend mobility fees on corridors from adjacent benefit districts if the corridors form a boundary between benefit districts. (2) Traverse boundary. The city may spend mobility fees from adjacent benefit districts where a mobility project traverses or is planned to traverse the boundary of one or more benefit districts. (3) Crossings. Multimodal crossings (overpass and underpass), transit vehicles and service, new bridges, or interchanges, over either Interstate 75, Caloosahatchee River or its tributaries, that connect with new mobility projects or to the existing multimodal transportation system may utilize funds from both benefit districts. (4) Connectivity. Mobility projects that connect to the existing multimodal transportation system that will facilitate mobility across benefit district boundaries may utilize funds from both districts. (5) Regional travel. Mobility projects that extend outside municipal limits that facilitate regional travel may utilize funds from benefit districts that receive a mobility benefit. (6) Finding. The city shall be required to make a finding that a mobility project provides a mobility benefit to new development within multiple benefit districts. The finding shall be required to demonstrate how the use of funds meets the benefits requirement of the dual rational nexus test. (7) Review. The City Attorney shall review and concur, if consistent with the benefits requirement of the dual rational nexus test, with a finding that a mobility fee may be expended in a different benefit district than the one from which it was collected, before the finding can be considered for review and approval by the City Manager or designee. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

Cape Coral Code of Ordinances § 2-24.32 Expenditures.

§ 2-24.32 - Expenditures. (a) Expenditure of funds. Mobility fees are intended to fund mobility project expenses, such as planning, design, and construction. Amounts on deposit in mobility fee special revenue funds shall be expended by the city for the advancement or construction of mobility projects or for financing directly, or as a pledge against bonds, revenue certificates and other obligations of indebtedness, the expenses for mobility projects, or portions thereof, that are: (1) Location. Located in the mobility fee benefit district from which the funds were collected; (2) Planned project. Included in the mobility plan or capital improvement program; and (3) Benefit. Beneficial to new development in terms of enhanced mobility. (4) Timing. Mobility fees shall be expended based on a first in, first out basis. (b) Prohibition. The amounts on deposit in the mobility fee fund shall not be used for periodic or routine maintenance as defined in F.S. § 334.03 (18) and (23). (c) Use of funds. Funds withdrawn from these accounts must be expended on eligible mobility project expenses. (d) Administration. The administration and implementation of the mobility fee system may be funded by mobility fees in an amount not to exceed that actual cost to administer and implement the mobility fee system. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

Cape Coral Code of Ordinances § 2-24.32.1 Refunds.

§ 2-24.32.1 - Refunds. (a) Time frame for expenditure. Mobility fees collected shall be returned to the then present owner of the new development if the mobility fees have not been encumbered or spent by the end of the calendar quarter immediately following seven years from the date the fees were collected, or if the development for which the fees were paid never commenced. (b) Expenditure of funds. Mobility fees collected shall be deemed to be encumbered or expended on a "first in, first out" basis. (c) Refund process. A landowner may request a refund of mobility fees not expended within the time frame for expenditure of funds. Request shall be reviewed by the City Manager or designee and approved if mobility fees have not been expended within the time frame for expenditure of funds or as provided for in refund process and procedures. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

Cape Coral Code of Ordinances § 2-24.32.2 Effect on land use allowances.

§ 2-24.32.2 - Effect on land use allowances. (a) Comprehensive Plan. The listing of a land use in the mobility fee schedule is solely for purposes of establishing the applicable mobility fee rate to be assessed per land use, and such listing does not mean that the land use is permitted or available under applicable Comprehensive Plan requirements. In addition, the listing of the land use in the mobility fee schedule shall not be considered evidence that the land use is appropriate in any land use classification. (b) Land Development Code. The payment of mobility fees does not ensure nor grant compliance with the city's Land Development Code, including regulations relating to zoning, zoning districts, allowable uses, transportation corridor management, access management, substandard roads, secondary access, timing, and phasing, and, where applicable, development of regional impact review. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

Cape Coral Code of Ordinances § 2-24.32.3 Administrative manual and administrative charges.

§ 2-24.32.3 - Administrative manual and administrative charges. (a) Administrative manual. The city shall prepare either a mobility fee administrative manual or administrative procedures that addresses day to day administration and the implementation and update of the mobility plan and fee. The administrative manual or administrative procedures shall address assessments, credit and off-set request, fee and land use determinations, special studies, fee expenditures and monitoring. Until such time as an administrative manual or administrative procedures are approved, determinations related to the mobility fee system shall be made by the City Manager or designee, in consultation with the City Attorney. (b) Service charge. The city shall impose a mobility fee administrative charge of up to 3% to ensure that the city's general fund does not bear the full burden of administering and implementing the mobility fee system, provided that the administrative charges does not exceed the city's actual costs of administration and implementation of the mobility fee system. Mobility fee administrative charges shall be in addition to the imposed mobility fee and shall account for future updates of the mobility plan and mobility fee in the administrative charge determination, along with any required application fees for special studies or credit request. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

Cape Coral Code of Ordinances § 2-24.32.4 Annual report.

§ 2-24.32.4 - Annual report. The city shall comply with all audit requirements of F.S. § 218.39. The city shall include in its annual capital improvement program update, an accounting of mobility projects funded by mobility fees. The annual budget shall indicate mobility fee revenues and expenditures. Audits of the city performed pursuant to F.S. § 218.39, shall include an affidavit from the Finance Director of the city addressing requirements of F.S. § 163.31801. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

Cape Coral Code of Ordinances § 2-24.32.5 Review and update.

§ 2-24.32.5 - Review and update. (a) Mobility plan and fee update. The mobility plan and mobility fee shall be updated by the city at least once every five years from the date of the last adoption. The five year time frame shall account for the 90-day notice period for any increase as required by Florida Statute. The update shall commence no later than four years after the date of last adoption. If a full re-evaluation and update are not complete within the required time period, the last adopted mobility fee shall remain in effect until the update is complete. (b) City initiated update. The City Manager or designee may authorize city initiated updates of the mobility plan or mobility fee to ensure that mobility fees meet legal and statutory requirements. The administrative manual or administrative procedures shall provide further detail on factors that would potentially require that the city move forward with a city initiated update. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

Cape Coral Code of Ordinances § 2-24.32.6 Appeals.

§ 2-24.32.6 - Appeals. (a) If an applicant is dissatisfied with one or more of the following decisions of the City Manager or designee, the applicant may appeal the decision in writing to the City's Special Magistrate(s): (1) Imposition. The requirement to pay a mobility fee per section 2-24.25; (2) Exemption. That a proposed new development does not qualify for an exemption per section 2-24.26; (3) Determination. The assessed mobility fee per section 2-24.28; (4) Refunds. The refund or refunded amount of mobility fees per section 2-24.33; (5) Notice of appeal. The applicant shall file a notice of appeal with the City's Special Magistrate within 30 calendar days of any final decision in which the applicant does not concur. (b) Evidence. As part of the appeal, the applicant shall submit in writing the specific decision being appealed and shall provide documentation detailing the reasons why the applicant believes the decision is incorrect. The applicant shall also provide in writing the desired final outcome and shall provide evidence in support of that decision. Technical documentation submitted as evidence shall be prepared by either a licensed professional engineer, a certified planner, or an impact fee consultant with experience administering, implementing, or developing impact fees or mobility fees. (c) Date of hearing. The appeal hearing before the Special Magistrate shall be held within 60 working days of the receipt of the notice of appeal. (d) Hearing. The Special Magistrate shall base its decision on any appeal on the applicable standards and criteria established for the mobility fee system established per division 5 and the evidence presented at a properly advertised public hearing. (e) Examiner actions. The Special Magistrate may uphold or revoke, in whole or in part, the determination being appealed. (f) Payment of mobility fees. A development order approval will not be issued unless the mobility fee is paid in full, regardless of an appeal by an applicant. Any reduction of mobility fees or an exemption from mobility fees resulting from a successful appeal shall be by refund of any excess amount where a mobility fee is reduced, or the full amount where an applicant is exempt, paid at the time of the issuance of the building permit with the refund to be paid within 60 days. No interest will be paid on a refund of any such overpayment or payment. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

Cape Coral Code of Ordinances § 2-24.32.7 Vested rights.

§ 2-24.32.7 - Vested rights. It is not the intent of the mobility fee system to abrogate, diminish, or modify the rights of any persons that have vested rights pursuant to a valid governmental act of the city. An applicant may petition the City's Special Magistrate(s) for a vested rights determination which would exempt the applicant from the provisions of the mobility fee system. The City Manager, or designee, shall evaluate the petition and submit a recommendation to the Special Magistrate based on one of the following: (a) Valid act. A valid, unexpired governmental act of the city, authorizing the building for which applicant seeks a certificate of occupancy. (b) Investment backed expectation. Expenditures or obligations made or incurred in reliance upon the authorizing act are reasonably equivalent to the assessed mobility fee. (c) Prior approvals. That it would be inequitable to deny the applicant the opportunity to occupy a previously approved building under the conditions of the previous approval by requiring the applicant to comply with the provisions of the mobility fee system. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

Cape Coral Code of Ordinances § 2-24.32.8 Penalty.

§ 2-24.32.8 - Penalty. Violations of division 5 will be enforceable by all legally available remedies, including but not limited to code enforcement proceedings consistent with this code and F.S. Ch. 162. (Ord. 42-25, § 5(Exh. B), 9-25-2025, eff. 1-1-2026)

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_DIV5MOFEFetched: 11/4/2026