Vested rights.
Cape Coral Code of Ordinances § 2-24.32.7
in effect§ 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)
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_DIV5MOFE_S2-24.32.7VERIFetched: 11/4/2026