Setback


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Setback

A distance from a curb, property line, or structure within which building is prohibited.

Setbacks are building restrictions imposed on property owners. Local governments create setbacks through ordinances and Building Codes, usually for reasons of public policy such as safety, privacy, and environmental protection. Setbacks prevent landowners from crowding the property of others, allow for the safe placement of pipelines, and help to preserve wetlands. Setbacks form boundaries by establishing an exact distance from a fixed point, such as a property line or an adjacent structure, within which building is prohibited. Generally, prospective buyers learn that land is subject to setback provisions when they are considering purchasing it. This information is important to future development plans, because setbacks remain in effect until changed by law or special action of a local government.

Setbacks can significantly affect a property owner's right to develop land or to modify existing structures on the land. For this reason they can influence property values; severe restrictions on land can decrease its value. Violating setback provisions can lead to legal action against a property owner, and penalties can include fines as well as an order to remove noncompliant structures. Property owners whose desire to build is stymied by setbacks have few remedies. They can petition their local government by applying for a variance—a special permission to depart from the requirements of Zoning ordinances—but variances are generally granted only in cases of extreme hardship. Litigation over setbacks is common.

Cross-references

Land-Use Control.

See: adversity, casualty, damper, debacle, decline, defeat, delay, disadvantage, disaster, effect, hindrance, impediment, misfortune, plight, relapse, toll, trouble
References in periodicals archive ?
Businesses - large and small - face setbacks day in, day out, from losing major contracts and key staff to missing a hard-fought financial goal.
Last month, they were told by the planning department that it would not change the setback requirement for pools, a decision they characterized "as a way of responding to one citizen's expressed concern about noisy pool equipment.
The ordinance restricts construction of new buildings, septic tanks and leach lines inside the setback areas as well.
Whatever happens, if it doesn't result in a victory it is a very negative thing and a setback for the club, one of many we are facing at the moment.
The trainer said: "Fleeting Spirit has met with a slight setback and will be unable to run in the Nunthorpe Stakes.
Though no formal approval for the height and use variances was taken for Douglas Woods Wind by deadline last night, both sides were haggling over setback requirements, with the developers disagreeing with a proposed 1,000-foot minimum setback from the nearest residential structures.
But any setback at this stage would be a genuine one simply because of Martin's importance to the team.
The trial court concluded that the board accurately applied the regulations, but that the requirement of 30,000 square feet for a single building when a typical house occupies 2000 square feet "is absurd and serves no legitimate land use purpose:' In addition, the court held that since setback areas can contain underground construction such as septic systems, setbacks could be included in calculations of building site area.
Novartis had a setback earlier this year when the U.
This film pops back and forth between key episodes in the life of Wilberforce (Ioan Gruffudd) as his moral outrage suffers setback after setback.
Calabasas' Valerie Chang and Sabrina Man-Son-Hing suffered a 6-3, 6-2 loss to Peninsula's Akane Kitamura and Kiersten Steinhauer, and fellow Coyotes Florence Hernandez and Jillian Schnitman were dealt a 6-2, 6-2 setback by Palos Verdes' Alexandra Scotten and Kathryn Webb.
Injury-prone Barrett suffered a setback in training and needs knee surgery next week.