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Lee County, AL Building Setbacks & Zoning: Structure Height Limits (2026)

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

Key Facts

Max residential height
45 feet (Sec. 4.2(3))
Max nonresidential height
60 feet (Sec. 4.2(3))
Minimum lot area
15,000 sq ft (Sec. 4.2(1))
Enabling authority
Alabama Act 401, as amended (Sec. 4.1)
Variance standard
Unnecessary hardship, not contrary to public interest
Violation notice period
30 days by certified mail (Sec. 6.3)

Summary

Lee County's Zoning Regulations cap residential buildings at 45 feet and nonresidential buildings at 60 feet countywide, under Section 4.2(3), the only dimensional standard the code sets besides a 15,000-square-foot minimum lot. Section 4.1 ties the limit to the county's enabling authority, "Alabama Act 401, as amended."

These county ordinances apply to unincorporated areas of Lee County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Unless otherwise provided by these Zoning Regulations, all uses and activities established after the effective date of these regulations shall comply with the dimensional requirements of this article. These regulations control the height, area, bulk, and location of buildings and land, as required by Section 6 General Powers and Duties of the Commission, Alabama Act 401, as amended. ... All uses shall comply with the following dimensional requirements: (1) The minimum lot area shall be 15,000 square feet or as otherwise required by the Lee County Health Department. (2) All lots shall meet the minimum dimensional requirements of the Lee County Subdivision and Land Development Regulations, as amended. (3) The maximum building height shall be 45 feet for residential buildings and 60 feet for nonresidential buildings.

Full Breakdown

1 states that dimensional standards apply to all uses and activities established after the effective date of these regulations, and that they "control the height, area, bulk, and location of buildings and land, as required by Section 6 General Powers and Duties of the Commission, Alabama Act 401, as amended," the legislative act that created the Lee County Planning Commission. 2 then sets three numbered requirements: a minimum lot area of 15,000 square feet, or larger if the Lee County Health Department requires it; compliance with the county's Subdivision and Land Development Regulations; and a maximum building height of 45 feet for residential buildings and 60 feet for nonresidential buildings.

The height cap is uniform across every zoning district; the Regulations do not set a taller or shorter limit for the Rural Preserve, Corridor, Rural Center or Special District individually, and it applies only within election beats that adopted zoning. 6: the Planning Commission may grant one if "the Variance will not be contrary to the public interest" and literal enforcement "will result in unnecessary hardship," on an application filed with the Planning Director at least 15 days before a hearing, describing the nature of the variance with reference to applicable zoning provisions and the owner's justification.

Violations & Fines

No building permit may issue for a structure that conflicts with the height cap, and Section 6.2(b) declares any permit issued in violation "null and void." An over-height structure draws a written notice from the Planning Director by certified mail, giving up to 30 days to correct it (Sec. 6.3(a)); an uncorrected violation is referred to the County Attorney for injunctive action, with court costs and attorney fees assessed against the losing violator (Sec. 6.3(c)).

Frequently Asked Questions

How tall can I build a house in unincorporated Lee County?
Up to 45 feet. Section 4.2(3) sets a flat 45-foot maximum for residential buildings and 60 feet for nonresidential buildings, the same limit in every zoning district, wherever the county's zoning applies.
Does the height limit change by zoning district?
No. Section 4.2 applies one countywide dimensional standard to every district the Zoning Regulations cover, so the Rural Preserve, Corridor and Rural Center districts all share the same 45-foot residential cap; there is no district that allows a taller residence by right.
Can I get permission to build taller than 45 feet?
Yes, through a Variance. Section 6.6 lets the Planning Commission approve one if literal enforcement of the height cap would cause unnecessary hardship and the variance would not be contrary to the public interest, on an application filed at least 15 days before a hearing.
What happens if I build over the height limit?
The permit is void under Section 6.2(b), and the Planning Director serves a written notice by certified mail giving 30 days to correct it. An uncorrected violation goes to the County Attorney, and the losing party pays court costs and attorney fees.

Sources & Official References

Other rules in Lee County

All Lee County rules

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