A Minor Setback for Pedestrians

Municipal setback requirements inconvenience pedestrians for no good reason.

2 minute read

April 29, 2013, 12:47 PM PDT

By Michael Lewyn @mlewyn


Municipal zoning codes and comprehensive plans often require buildings to be set back far from the street.  As a result, the metropolitan landscape sometimes looks like one giant strip mall; every building is separated from the street either by a parking lot or by some form of greenspace. 

These rules inconvenience pedestrians in a variety of ways.  First, setbacks artificially reduce density by reducing the amount of land available for housing and jobs.  Since good transit service requires a minimal level of density (at least five units per acre for hourly bus service, and more for higher-quality bus service or rail), lower density means less transit service.  Second, setbacks also force pedestrians to spend more time walking between buildings and sidewalks, thus making their commutes longer and more inconvenient. Third, setbacks make pedestrians feel less enclosed, making walking a less pleasant experience.

So why do cities still have these rules?  Seattle's comprehensive plan makes a variety of arguments for mandatory setbacks.  First, the plan claims that setbacks "ensure access to light and air."  But all human beings breathe air no matter where buildings are placed, so "air" is irrelevant.  Access to "light" also exists no matter where buildings are placed (with the possible exception of very tall buildings* that might cast shadows). 

The plan also claims that setbacks create a "sense of privacy."  This argument is so subjective that it is immune to verification.  Having said that, I have lived in buildings that are near the sidewalk and those that are not, and I don't feel like I have any less privacy in the first situation.

Finally, the city claims that setbacks "provide adequate transition between zones of different intensities."  This argument would justify setbacks for buildings at the border of two zones, but not for other buildings. 

In sum, all of the city's arguments for setbacks appear to me to be unpersuasive.

*Living in midtown Manhattan, I notice that even streets occupied by very tall buildings (like Avenue of the Americas) sometimes have ample sunlight, depending on the time of the day and the side of the street at issue.  So even in the "worst case scenario" of a skyscraper-dominated street, it is not true that buildings that front the sidewalk reduce sunlight.


Michael Lewyn

Michael Lewyn is a professor at Touro University, Jacob D. Fuchsberg Law Center, in Long Island. His scholarship can be found at http://works.bepress.com/lewyn.

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

October 7, 2026 - Zachary Whalen

The mayor of Baltimore speaks into a microphone in front of a rally for more state transportation funding from Maryland.

‘Going backwards:’ Baltimore mayor, students rally against state's transit funding plan

Maryland's proposed six-year plan provides no funding for Baltimore’s BMORE bus program and reduces its road maintenance funding.

October 2, 2026 - Baltimore Sun

A rendering of the waterfront development, which shows a lit-up stage by the waterfront and people walking about.

Detroit to transform waterfront with $2.2 billion investment

Developers will convert about 18 acres of unused parking lot space into civic spaces.

October 2, 2026 - ABC 7

A crane lifts a manufactured house, with is rectangular and does not yet have a roof.

HUD modernizes 50-year-old manufactured housing framework

The Next Generation Manufactured Housing Action Plan establishes new energy-efficiency standards for manufactured homes, and new guidelines for anchoring them.

October 8 - Boston Real Estate Times

Cars driving into a residential neighborhood in San Fransisco.

New CA housing laws tear down development red tape

Recently-signed legislation makes building starter homes and ADUs cheaper and faster in California.

October 8 - Smart Cities Dive

A group of politicians happily cut a blue ribbon.

Metrolink finishes first expansion in 20 years

The transit agency is now one of very few in the United States to connect two major airports.

October 8 - Mass Transit