Mobility fee determination.
Cape Coral Code of Ordinances § 2-24.28
in effect§ 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)
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_S2-24.28MOFEDEFetched: 11/4/2026