Using and Misusing Zoning Law to Design Cities: An Empirical Study of New York City's Privately Owned Public Spaces (Part 1)

Abstract

In 1961, the City of New York, employing the device of law, inaugurated a new category of public space, “privately owned public space,” for use by its residents, employees, and visitors. Through a legal innovation subsequently known as incentive zoning, the city granted floor area bonuses and other valuable regulatory concessions to office and residential developers who would agree to provide plazas, arcades, atriums, and other outdoor and indoor spaces at their buildings. Private ownership of the space would reside with the developer and successor owners of the property, access and use with members of the public, hence the appellation “privately owned public space.” Cities across the country followed New York City's lead, encouraging their own contributions to this distinct category of urban space.