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. “Privately owned” refers to the legal status of the land on which the building in which the public space is located. The nature of the space’s “publicness” is legally determined by New York City’s 1961 Zoning Resolution, as enacted and subsequently amended, as well as by implementing legal actions. Although the level of detail and clarity vary greatly, the zoning provisions governing each public space type have specified design standards, the legal process through which the space is to be approved.
