Exemption from mobility fees.
Cape Coral Code of Ordinances § 2-24.26
in effect§ 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)
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_S2-24.26EXMOFEFetched: 11/4/2026