Lee County, FL Building Setbacks & Zoning: Structure Height Limits (2026)
Key Facts
- Residential max height
- 35 feet (Table 34-695)
- Greater Pine Island
- 33 feet
- Gasparilla Island
- 38 ft peak or 42 ft MSL
- Islands generally
- No variance or deviation allowed
- Measured under
- LDC Section 34-2171
Summary
Table 34-695 sets a 35-foot maximum height across every one- and two-family residential district. Section 34-2175 overrides that in special areas: 33 feet on Greater Pine Island, and the lower of 38 feet or 42 feet above mean sea level on Gasparilla Island.
Greater Pine Island. The height of a building or structure may not exceed 33 feet... Gasparilla Island Conservation District. No building or other structure may be erected or altered so that the peak of the roof is more than 38 feet above the average grade... or is more than 42 feet above mean sea level, whichever is lower.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 7 | Land Development Code: Supplement 3 Update 3).
Full Breakdown
Height is measured under Section 34-2171 from grade, defined as 12 inches above the average elevation of the abutting streets, to the highest point of a flat roof, the deck line of a mansard, or the mean height between eaves and ridge on gable, hip, shed and gambrel roofs. Section 34-2175(a) then sets area limits: 35 feet on Upper Captiva, Captiva and all other islands, with no variance or deviation available; 33 feet on Greater Pine Island; and on Gasparilla Island, no roof peak above 38 feet over average grade or 42 feet above mean sea level, whichever is lower.
Violations & Fines
Building above the cap is a Land Development Code violation; Section 1-5(c) allows a fine up to $500 per offense. On Upper Captiva, Captiva and other islands, no variance or deviation from the 35-foot limit may be granted.
Frequently Asked Questions
How tall can a house be in unincorporated Lee County?
Can I get a variance for extra building height?
Sources & Official References
Other rules in Lee County
Florida rules heatmap·Compare Lee County to another location·View the Florida building setbacks & zoning overview
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