Lee County, FL Zoning Overlays & Bonuses: Density Bonus Law (2026)

Article IV of the Land Development Code, Sec. 2-141 through 2-155, creates two paths to build above the Comprehensive Plan's standard density range for a land use category: the Affordable Housing Program and the Transfer of Development Rights (TDR) Program, both administered under Administrative Code 13-5. Bonus density is available by right in the TFC-1, TFC-2, TF, RM-2 through RM-10, CT, C-1A, C-1, C-2A and C-2 zoning districts if lot size, setback and height standards are met: a parcel of one acre or less may add one dwelling unit, and a parcel larger than one acre may add one unit per acre, capped at the maximum total density range for the land use category.

Outside those by-right districts, the Director may administratively approve bonus density if the request stays within the Lee Plan maximum, does not raise land-use intensity along the parcel's perimeter unless adjacent uses are similarly intense, and does not reduce required open space, buffering, landscaping or preservation area. Planned development amendments seeking bonus density go through Sec. 34-380 and must meet the criteria in Sec. 34-145(d)(4); a rezoning application seeking bonus density is decided by the Board of County Commissioners, which may approve the rezoning with or without the bonus density.

Barrier and coastal islands, including Gasparilla Island, Cayo Costa, North Captiva, Captiva Island, Buck Key and Black Island, are ineligible for bonus density, with narrow carve-outs for Pine Island Center Greater Pine Island TDUs and for work force housing within the Mixed-Use Overlay on barrier islands with available transit. Land within the coastal high hazard area defined at Sec. 2-483, or within the Bayshore, Buckingham, Caloosahatchee Shores or Northeast Lee County Community Plan Areas, may not use TDUs at all. The County may cap the number of bonus units on a parcel below the Table 1(a) maximum, or attach conditions, if it finds the increase would be contrary to public health, safety and welfare or inconsistent with the Comprehensive Plan; the Board or Director must issue written findings of fact supporting any such limitation.