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Hialeah, FL Building Setbacks & Zoning: Structure Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

R-1 height cap
2½ stories or 35 feet
R-2 height cap
2½ stories or 35 feet
A district height cap
2½ stories or 35 feet
Church spire exception
May exceed 35 feet in A district
Max fine for violation
$500.00 per day
Governing section
Code of Ordinances Sec. 98-498

Summary

Hialeah caps single-family homes in the R-1 one-family district at 2½ stories or 35 feet under Sec. 98-498. The R-2 one- and two-family district carries the identical cap, and Sec. 98-413(2) backs both numbers with a citywide rule that no building may be built or altered to exceed the height limit set for its zoning district.

Sec. 98-498. - Building height limit. The maximum building height in the R-1 one-family district shall be 2½ stories or 35 feet.

Full Breakdown

Hialeah sets its baseline residential height cap district by district in Chapter 98, and the two most common single-family and duplex zones use the same number: 2½ stories or 35 feet. Sec. 98-498 caps the R-1 one-family district at that limit, and Sec. 98-543 applies the identical 2½-story, 35-foot cap to the R-2 one- and two-family district. Sec. 98-413(2), the chapter's general restrictions section, backs the district-specific numbers with a citywide rule: no building may be erected, reconstructed or structurally altered to exceed the height or bulk limits established for its district, meaning the R-1 and R-2 numbers aren't advisory, they're an outer ceiling enforced through the building permit process.

The R-1 district pairs its height cap with other dimensional standards under the same division: a minimum 7,500-square-foot lot with at least 75 feet of average width and 100 feet of average depth (Sec. 98-499), a 20-foot front yard (Sec. 98-500, with a porte cochere allowed to encroach up to 15 feet if its roof is architecturally integrated with the house), side yards of at least 5 feet 1 inch and no more than 7½ feet (Sec. 98-501), and a 20-foot rear yard for the principal structure with a 7½-foot rear yard for accessory buildings (Sec.

98-502). Agricultural (A) district properties share the R-1 front-yard standard and carry the same 2½-story, 35-foot height cap under Sec. 98-452, except for church spires, towers and steeples, which may exceed 35 feet.

Violations & Fines

Exceeding the district height limit is enforced under Sec. 98-6: the building official and zoning director cite the violation, and a court or administrative tribunal can fine the property owner up to $500.00, with each day the violation continues counted as a separate offense. The city can also seek an injunction or abatement order in court to stop or correct noncompliant construction.

Frequently Asked Questions

How tall can a house be in Hialeah's R-1 district?
Sec. 98-498 caps buildings in the R-1 one-family district at 2½ stories or 35 feet. The same numeric cap applies in the R-2 one- and two-family district under Sec. 98-543.
Can I build taller than 35 feet if I want to?
The 35-foot, 2½-story figure is the district's height limit under Sec. 98-413(2), which bars any building from exceeding the height or bulk limit set for its district. Exceeding it without approved relief through the city's zoning process is a code violation, not a right.
What's the penalty for building over the height limit in Hialeah?
Sec. 98-6 authorizes a fine of up to $500.00, at the discretion of the court or administrative tribunal, and treats each day the violation continues as a separate offense. The city can also go to court for an injunction to force correction or removal.
Are there any exceptions to the 35-foot residential height cap?
Sec. 98-452 exempts church spires, towers, steeples and similar appurtenances from the 35-foot cap in the A agricultural district. The R-1 and R-2 residential sections, Sec. 98-498 and Sec. 98-543, state their 2½-story, 35-foot caps without listing that spire exception in their own text.

Sources & Official References

Other rules in Hialeah

All Hialeah rules

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