The building setback is the minimum horizontal distance allowed between the building foundation line and the property line. The setbacks required for each land use category in a particular municipality or county are specified in the zoning regulations or their accompanying chart.

Rationale

Setback distances are required to provide a buffer between property owners, to allow access by emergency personnel, to allow sufficient light, air, and ventilation for health reasons, and to avoid over-development of land. In residential areas, these distances are set to allow property owners and their neighbors to enjoy some privacy, to allow access by fire, EMT, and police personnel in case of emergency, and to reduce the risk of fire spreading from one dwelling to the next, and through the whole neighborhood.

In the Wal-Mart context, setbacks usually are (or at least should be) larger to avoid over-development. This is especially true when a Wal-Mart development abuts a residential area. For example, a town may require a 25-foot setback for residential properties and a 75-foot setback for commercial development. The rationale is that because of the significant impacts of a Wal-Mart development – traffic, noise, pollution, etc. – there should be a buffer between such developments and adjoining residential landowners. In addition, setbacks are set to allow appropriate space for fire suppression, traffic flow, truck delivery areas, loading and unloading, and green space.

In considering a given situation, be careful not to confuse building setback requirements with buffer zone and green space requirements – which may be separate and in addition to the setback rules depending on what the ordinance specifies. Thus, a Wal-Mart might need a 75-foot setback, PLUS a 50-foot buffer zone, PLUS a 20% green space reserve. In some environmentally-sensitive communities, developers are not allowed to count the buffer zone as part of the required green space (or vice versa), and must achieve the required setback without reference to the other requirements.

Sample Strategies, What To Look For

As an initial matter, one needs to check to make sure that a Wal-Mart developer has adhered to the appropriate setback requirements set forth in the relevant jurisdiction’s zoning regulations. A Wal-Mart developer may try to squeeze a development on to a site that is just not big enough for it; shaving down a setback may be a quick-fix way to make the development fit. Any violation of the setback requirement needs to be brought to the attention of the relevant oversight board/commission.

A Wal-Mart developer may ask a municipality or county for a variance to the setback requirement if the project is too large to fit within the required minimum distances. Variance requests are usually considered by a Board of Adjustment, Zoning Board, or similar entity charged with oversight of permitting. Their proceedings usually allow for public input and, therefore, provide a good opportunity for citizen advocacy. Obviously, the citizen answer to a developer who wants a setback variance is that he can simply reduce the size of his building, and he won’t need a variance!

Actual Examples

Example from Bakersfield, CA View PDF