25-034 1 ORDINANCE NO. 25-034
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, AMENDING PART III "LAND
5 DEVELOPMENT REGULATIONS," CHAPTER 2 "LAND DEVELOPMENT
6 PROCESS," ARTICLE VI "IMPACT AND SELECTED FEES;" TO ESTABLISH
7 A PHASED IMPLEMENTATION SCHEDULE FOR THE CITY'S MOBILITY
8 FEE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
9 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
10 DATE.
11
12 WHEREAS, Part III "Land Development Regulations," Chapter 2 "Land Development
13 Process," Article VI "Impact and Selected Fees," of the City's Code of Ordinances currently
14 establishes mobility fees; and
15 WHEREAS, the Planning and Zoning Department would like to amend the mobility fee
16 schedule to establish a phased implementation schedule for the City's mobility fee to ease the
17 transition for the development community and encourage early compliance; and
18 WHEREAS, the amendment also clarifies the calculation methodology for multi-family
19 residential developments by defining the total square footage as habitable dwelling unit area,
20 specifically excluding common areas, lobbies, leasing offices, and residential amenities not
21 accessible to the general public; and
22 WHEREAS, the City Commission has determined that this amendment serves the public
23 health, safety, and welfare of the citizens of the City of Boynton Beach.
24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
25 BOYNTON BEACH, FLORIDA:
26 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and
27 correct and are hereby made a specific part of this Ordinance upon adoption hereof.
ORDINANCE NO. 25-034
28 Section 2: Part III "Land Development Regulations," Chapter 2 "Land Development
29 Process," Article VI "Impact and Selected Fees," Section 10 "Mobility Fees," is hereby amended to
30 read as follows:
31 PART III LAND DEVELOPMENT REGULATIONS
32 ...
33 CHAPTER 2. LAND DEVELOPMENT PROCESS
34 ...
35 ARTICLE VI. IMPACT AND SELECTED FEES
36 ...
37 Sec. 10. Mobility Fees
38 ...
39 c. Mobility Fee Imposition. The mobility fee imposed by this section shall apply to new
40 applications for development permits issued on or after May 20, 2025, for future development
41 that results in an increase in person travel demand above and beyond the current use of
42 property.
43 ...
44 3. Mobility Fee Schedule. Any person who shall initiate any new impact generating land
45 development activity, except as otherwise provided for herein, shall pay a mobility fee,
46 based on the applicable assessment area established in the mobility plan and mobility fee
47 technical report, as set forth in the following Mobility Fee Schedule:
48
Mobility Fee Schedule
Use Categories, Use Classifications, and Representative Uses Mobility Fee
49 ...
Mobility Fee Schedule Footnotes
Single-Family Residential Square Feet is the sum of the area (in square feet) of each dwelling unit
measured from the exterior surface of the exterior walls.
z Multi-Family Residential Square Feet is the sum of the area (in square feet) of each buildings total
habitable area of dwelling units. Measured from the exterior surface of the exterior walls. This
includes Areas not included in the calculation are common areas, lobbies, leasing offices, and
residential amenities -= . - - - - -- -- - Retail or office square footage leased to a third
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ORDINANCE NO. 25-034
party would pay the applicable mobility fee rate. Square footage does not include parking garages
or structures.
3 Any retail, office, or non-residential square footage that is leased to a third-party use to provides
drinks, food, goods, or services to the public shall be required to pay the applicable mobility fee per
the individual uses identified in the mobility fee schedule.
50 ...
51 Phased Implementation of Mobility Fee:
52
53 To support a smooth transition and encourage early compliance, the City will implement
54 the Mobility Fee on a phased basis. During the initial three years of adoption, a discount
55 shall be applied to the total calculated fee due at the time of permit issuance.
56 Discount Schedule:
57 • Effective October 1, 2025 — September 30, 2026
58 A 15% discount shall be applied to the total calculated Mobility Fee.
59 • Effective October 1, 2026— September 30, 2027
60 A 10% discount shall be applied to the total calculated Mobility Fee.
61 • Effective October 1, 2027 — September 30, 2028
62 A 5% discount shall be applied to the total calculated Mobility Fee.
63 • Effective October 1, 2028, and thereafter
64 The full Mobility Fee shall be assessed with no discount applied.
65 The discount shall be applied uniformly to all development projects subject to the Mobility
66 Fee.If the State of Florida mandates a discount, waiver, or credit for mobility fees, the City's
67 phased discount shall be reduced by the amount of the State-mandated discount. Under
68 no circumstance shall the combined discount exceed the percentage amounts established
69 in the schedule above. No additional reductions, waivers, or credits beyond those provided
70 in the City Code shall be permitted.
71 ...
72 D. Mobility fee determination.
73
74
75 Section 3: Codification. It is the intention of the City Commission of the City of
76 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and
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ORDINANCE NO. 25-034
77 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that
78 Sections of this Ordinance may be renumbered, re-lettered and the word "Ordinance" may be
79 changed to"Section,""Article,"or such other word or phrase in order to accomplish such intention.
80 Section 4: Severability. If any clause, section, or other part of this Ordinance shall be
81 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
82 or invalid part shall be considered as eliminated and in no way affecting the validity of the other
83 provisions of this Ordinance.
84 Section 5: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or
85 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such
86 conflict.
87 Section 6: Effective Date. This Ordinance shall take effect immediately upon
88 passage.
89 [Signature Page to Follow]
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ORDINANCE NO. 25-034
90 FIRST READING this qday of M-Dbgr , 2025.
91 SECOND, FINAL READING AND PASSAGE this Lf/day of N0/.Q.rridr- , 2025.
92 CITY OF BOYNTON BEACH, FLORIDA
93 YES NO
94 /"
95 Mayor- Rebecca Shelton �/
96 7
97 Vice Mayor- Woodrow L. Hay
98
99 Commissioner-Angela Cruzrlkrn3D/`S
100
101 Commissioner-Thomas Turkin
102
103 Commissioner-Aimee Kelley
104
105 VOTE
106 ATTEST:
107
118 On
110 Mayl.- ►i_ esus, MM Rebecca Shelton
111 City I : Mayor
112
113 APPROV D AS TO FOR
114 (Corporate Seal) 7,-;"cON .;,.1° ,4‘\1%%
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its ;-�,o:QORATE '•.�y '+►
116 ;