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.

portrait of professional woman

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 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 Planner

Get top-rated, practical training

Concrete Brutalism building with slanted walls and light visible through an atrium.

What ‘The Brutalist’ Teaches Us About Modern Cities

How architecture and urban landscapes reflect the trauma and dysfunction of the post-war experience.

February 28, 2025 - Justin Hollander

Complete Street

‘Complete Streets’ Webpage Deleted in Federal Purge

Basic resources and information on building bike lanes and sidewalks, formerly housed on the government’s Complete Streets website, are now gone.

February 27, 2025 - Streetsblog USA

Green electric Volkswagen van against a beach backdrop.

The VW Bus is Back — Now as an Electric Minivan

Volkswagen’s ID. Buzz reimagines its iconic Bus as a fully electric minivan, blending retro design with modern technology, a 231-mile range, and practical versatility to offer a stylish yet functional EV for the future.

March 3, 2025 - ABC 7 Eyewitness News

View of mountains with large shrubs in foreground in Altadena, California.

Healing Through Parks: Altadena’s Path to Recovery After the Eaton Fire

In the wake of the Eaton Fire, Altadena is uniting to restore Loma Alta Park, creating a renewed space for recreation, community gathering, and resilience.

March 9 - Pasadena NOw

Aerial view of single-family homes with swimming pools in San Diego, California.

San Diego to Rescind Multi-Unit ADU Rule

The city wants to close a loophole that allowed developers to build apartment buildings on single-family lots as ADUs.

March 9 - Axios

Close-up of row of electric cars plugged into chargers at outdoor station.

Electric Vehicles for All? Study Finds Disparities in Access and Incentives

A new UCLA study finds that while California has made progress in electric vehicle adoption, disadvantaged communities remain underserved in EV incentives, ownership, and charging access, requiring targeted policy changes to advance equity.

March 9 - UCLA Luskin Center for Innovation

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.

Write for Planetizen