Lee County, AL Building Setbacks & Zoning: Structure Height Limits (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."
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?
Does the height limit change by zoning district?
Can I get permission to build taller than 45 feet?
What happens if I build over the height limit?
Sources & Official References
Other rules in Lee County
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