In reply to a reader who likes downtown Manhattan, but not midtown, Matt Yglesias writes,
I certainly agree with the premise that not all “urban areas full of tall buildings” are the same from an aesthetic point of view… But this is one of these cases where the existence of a real market failure doesn’t mean that there’s a good regulatory solution…. One regulatory issue that does need to be considered, however, is whether you’re making it economically viable to do interesting architecture.
I’m a bit surprised Matt doesn’t take this opportunity to bring up the New York zoning law of 1916, which is generally taken to have been quite satisfactory both from a regulatory and aesthetic standpoint.
As electric elevators drove Manhattan buildings ever toward the sun, New York streets and sidewalks fell into that peculiar noonday gloom that results from the companionship of skyscrapers and narrow streets. The city’s lawmakers stopped builders from blocking out the sun by describing limits on building heights—not straightforwardly or arbitrarily declaring that no structure could rise higher than x, but rather declaring that a percentage of the building could rise indefinitely, so long as the majority of it stayed within an enveloped defined by percentages of the width of neighboring streets.
All very dry and not aesthetically satisfying at all, until (so the story goes) architects set out to figure out how much building you could get out of the law. Here are the results, as sketched by Hugh Ferriss—“a shape which the Law puts in the architect’s hands. He can add nothing to it, but he can vary it in detail,” Ferriss said.

Beginning, as at the upper left, with the maximum mass allowed by law, Ferriss cut it down to let in light, then made its basic elements rectangular to allow for standard steel construction, then capped it at a height that seemed reasonable given what square footage he figured was saleable. Voila: the iconic ziggurat of a New York skyscraper, realized throughout the city in the heyday of high buildings between the wars.
Beginning with a regulatory formula, working with material science and marketability, architects came up with something not only aesthetically pleasing but indeed suggestive: those stepped-back towers inspired; they were Mayan, Aztec, powerfully American, prehistoric and modern at once.
With later laws, New York got a different formula—Floor-to-Air Floor Area [I mean, honestly -- ed.] ratio—which permitted monolithic slabs, if surrounded by open plazas. Thus, modern midtown. Some people like this sort of thing, though Matt’s correspondent clearly doesn’t.
In any case, the merely empirical evidence suggests regulation is compatible with aesthetically pleasing, interesting architecture; that architects are smart and talented people who will do the most with what you give them. And like all artists, they know that restriction can speed inspiration.


47 comments
January 26, 2009 at 10:34 am
Sifu Tweety Fish
Somebody tried to bring it up in his comments, but muffed the facts a bit.
January 26, 2009 at 10:38 am
Vance
That image is great. I like how a divine sunburst seems to be illuminating the upper right panel from behind the frame, and a sort of Grauman’s Chinese opening with searchlights illuminates the realistic ziggurat at lower right.
Also, nice allusion in the title, though perhaps tenuous in application — unless you’re saying that Matt’s correspondent ought to submit to the Midtown pattern.
January 26, 2009 at 10:42 am
Vance
No, obviously you meant the architects, who indeed fretted not.
January 26, 2009 at 10:43 am
eric
You expect me to read the comments, ST?
Vance, I thought the point of the allusion was that rules can determine the quality of art. I.e., sonnets are sonnets because of rules; so are limericks limericks. You have to get the rules right.
January 26, 2009 at 11:00 am
Ahistoricality
And like all artists, they know that restriction can speed inspiration.
All artists work with materials which have, by definition, capabilities and limitations. Regulation is really just a component of the urban space which the architect uses as part of their raw material.
rules can determine the quality of art … You have to get the rules right.
Or not.
As Niel Bohr said, “The opposite of a correct statement is a false statement. But the opposite of a profound truth may well be another profound truth.”
January 26, 2009 at 11:02 am
eric
I think that requires some elaboration, Ahistoricality.
January 26, 2009 at 11:05 am
Vance
I get you (after momentary confusion).
But to pursue the tangent, actually Wordsworth doesn’t consistently say that you have to get the rules right. He stretches as far as to say that living by rules however arbitrary is better than having too much liberty. And while there’s some truth to this, I think this is also a glimpse of the reactionary in him — are maids at the wheel really generally happy? Is he eliding the question of whether submission is voluntary (like GOP torture apologists who compare Abu Ghraib to frat pranks)? Not that this bears on your allusion.
January 26, 2009 at 11:20 am
Levi Stahl
For me this is less an example of what you’re drawing from Wordsworth than of the idea that the common view of regulation as necessarily stifling is misguided; rather, while it’s true that regulation can have unintended bad consequences, well-designed regulation can also lead to innovations with unexpected good qualities.
I love the progression of ideas in those four images.
January 26, 2009 at 11:32 am
Sifu Tweety Fish
All artists work with materials which have, by definition, capabilities and limitations. Regulation is really just a component of the urban space which the architect uses as part of their raw material.
I’m not quite sure I understand the distinction. If, say, a composer decides to write a fugue, is the fugue structure part of the raw material they’re working with? Because that seems like a weird, and not very necessary, distinction.
January 26, 2009 at 11:50 am
Vance
Getting a variance for the rules of fugue or sonata form was a lot easier than building a sheer tower in 1935.
January 26, 2009 at 11:54 am
Ahistoricality
is the fugue structure part of the raw material they’re working with?
Not exactly; that’s more like the definitional issue that Eric raises and I reject. You can work within the rules, or you can alter the rules if you have a productive reason for doing so, and still be extremely successful. It may not be a “fugue” but it can still be excellent music.
But architects — like sculptors — will often say that they are “working with space” or “working with the environment” much as they are working with wood, or steel or glass. It’s a confine that needs to be adapted to. I don’t see it as a “rule” because it’s not something that can be violated in that context, any more than you can make wood buildings higher than the wood will support.
January 26, 2009 at 12:07 pm
Sifu Tweety Fish
Okay, my fugue analogy is going to break down, here, this much is clear. But I don’t really see the distinction. Yes, some restrictions on what can be created are more arbitrary than others, and some are easier to circumvent than others. Arguably, zoning rules are someplace in the middle between adding three voices at once in a fugure and building a mile-high wooden tower. Why are the category distinctions necessary?
January 26, 2009 at 12:18 pm
Vance
I think Ahist’s claim that rules are part of the raw material applies best where the rules are relatively soft, as in the fugue example. There’s a house in San Francisco where the architect and owner fought long and hard for a variance from the historical-preservation rules — the result looks just like what it is, a big modern house with a Victorian facade. Few would argue that this is on a par with, say, the new theme in the coda of the first movement of the “Italian” Symphony (more like a big “Neener, neener” in the face of the planning board and the neighbors).
January 26, 2009 at 12:23 pm
Sifu Tweety Fish
(more like a big “Neener, neener” in the face of the planning board and the neighbors)
Leaving aside the question of how much great art was originally intended to be a big “neener, neener” in the face of somebody or other.
(It approximately describes the way the Piccolomino library in Siena was described to me, at least.)
January 26, 2009 at 1:52 pm
Ahistoricality
Why are the category distinctions necessary?
I don’t think categories are necessary, but distinctions are. I’m perfectly comfortable with continua, where appropriate.
(Yes, I’m contradicting myself slightly. But not much, if you try to see it under light.)
January 26, 2009 at 2:12 pm
Sifu Tweety Fish
I don’t think categories are necessary, but distinctions are. I’m perfectly comfortable with continua, where appropriate.
Oh. Well, me too. I would certainly agree that there are important differences in general between a constraint entered into freely as an artist, purely as an aid to creativity, and which can be cast aside at any time, and a constraint imposed upon an artist by the demands of working for hire in a heavily regulated environment. But both can serve a creatively inspirational purpose.
January 26, 2009 at 2:12 pm
Sifu Tweety Fish
Also it’s completely bugging me that I got the name of the Piccolomini Library wrong above. So.
January 26, 2009 at 2:17 pm
Luke
Is there room in architecture for political concerns? i.e. how our management of space reinforces certain political ideas (property); how it promotes publicity and democracy?
January 26, 2009 at 2:56 pm
Vance
In a word, yes. It’s a big field, and I don’t know whether we have any specialists. (Eric, didn’t you write once about the “Florida room”?) Certainly when I lived in Bologna, everybody seemed to think that the arcades explained a lot of things.
January 26, 2009 at 3:14 pm
eric
Eric, didn’t you write once about the “Florida room”?
You know I did. And with an approximately equal level of expertise.
January 26, 2009 at 3:33 pm
Vance
I remembered my quibbling with you, but I missed the global-warming denialist trackback….
January 26, 2009 at 3:36 pm
eric
Blogs do keep giving.
January 26, 2009 at 7:54 pm
jazzbumpa
Speaking of quibbling — I can’t agree that regulation is part of the raw material. It is part of the constraint system.
The sonnet is a better analogy than the fugue. (The fugue is less a form than a style of composition.) The sonnet has a firm set of constraints that define, the framework of the construct. The words are the raw material.
I don’t know that restriction speeds inspiration. Why do you think so?
January 26, 2009 at 8:05 pm
JPool
As Vance says, it’s a big field, and I’m not an expert either. There’s a lot of material in Cultural Geography on politics and urban planning (the work of David Harvey might be a place to start here). The current consensus would seem to be that architectural design is only ever one part of political concerns. Le Corbusier’s theories of modern urban living became the vertical ghettos of housing projects in practice.
More immediately, you could go listen to this piece from Studio 360 (the “Courthouse Design” one) on different concerns (political, aesthetic, environmental, ergonomic) in the design of government buildings
January 26, 2009 at 8:26 pm
Vance
The sonnet has a firm set of constraints
Firm, but not rock-hard. I don’t think any of the handbook rules is literally always observed, even in the classical period. Rhyme-schemes vary; the division between octet and sestet is not standardized; even the length of lines is not always 5 units.
January 26, 2009 at 8:28 pm
andrew
Marshall Berman’s All That is Solid Melts into Air gets into politics and architecture as well.
I, also inexpertly, think public squares could be interesting case studies (and probably already have been). Think of some of those communist built squares – on the one hand they’re places where people can be assembled to be spoken to, instructed, and watched, and where the government, having exerted its power over the space can more easily use force if people aren’t using the area in accordance with the government’s wishes; on the other hand, they’re central places where people can assemble to express dissatisfaction with the government and where, if clearing the area by force is ruled out – as in Ukraine’s Orange Revolution – it’s very hard for the government to ignore them (at least while they’re still there).
January 26, 2009 at 10:20 pm
ari
public squares could be interesting case studies
I’m sure someone has done something on the topic. But it hasn’t been a historian. Or if it has, the book hasn’t gotten much notice. I mean, there’s a ton of stuff out there about public spaces, but I can’t really think of any comparative history of public squares.
January 26, 2009 at 10:28 pm
Sifu Tweety Fish
Wasn’t there a move away from large public spaces on college campuses in the wake of the sixties, because they increased the risk of protests? I feel like I remember a rumor along those lines from my time at [ new-ish public satellite university with crappy architecture ], but of course it might have been just a rumor.
January 26, 2009 at 10:51 pm
ari
Have a bunch of new campuses been sited since the 60s? I’m not being snarky, mind you. It’s just that our colleagues in Merced notwithstanding, it doesn’t seem like opening new universities is much of a growth industry. Quite the contrary, actually.
January 26, 2009 at 10:52 pm
ari
That said, I’ve heard the same rumor. And certainly there were a spate of supposedly insurrection-proof buildings put up in the wake of the civil rights/anti-war/free speech movement.
January 26, 2009 at 11:03 pm
teofilo
I don’t have any cites to hand, but I know there’s some stuff in the more theoretically-oriented planning literature about the politics of public squares. It’s a pretty important topic from a planning perspective.
January 26, 2009 at 11:06 pm
teofilo
My high school, built in 1974, was apparently deliberately and explicitly designed like a prison as a response to fears about student riots.
January 26, 2009 at 11:10 pm
teofilo
You can see it on Google Maps. It’s a little hard to tell in that image, but that’s all one building.
January 26, 2009 at 11:13 pm
teofilo
That’s a particularly clear case, actually, because it was a relocation of an existing school. Compare to the previous campus.
January 26, 2009 at 11:41 pm
Sifu Tweety Fish
Have a bunch of new campuses been sited since the 60s?
I don’t really know. This campus was built in the mid seventies. I know of another campus that only really took form in the seventies. There may well not be many others, although UCs Merced and Riverside presumably count, as well as some number of community colleges.
I suppose this ties in to Mike Davis’s ideas about the “new” downtown in LA.
January 27, 2009 at 2:47 am
keir
I’m sure someone has done something on the topic. But it hasn’t been a historian.
To be cheeky, wouldn’t it be clearly the province of art historians, esp. architectural historians? (I.e. people with a different degree and literature.) (And this is where Yglesias falls down — he doesn’t even know how to attack the problem — like, what is an `aesthetic’ concern? Can we make it sensible? Has it been tried in the past?)
There is some work on Italian Fascist architecture, especially the balconies for speechifying from, and the Haussmann Paris, but really, it’s all a bit out of the way.
Le Corbusier’s theories of modern urban living became the vertical ghettos of housing projects in practice.
Isn’t strictly true; people quite like living in Corbusier’s actual buildings & observing that buildings for poor people aren’t very good doesn’t actually help much.
January 27, 2009 at 3:03 am
Sifu Tweety Fish
Isn’t strictly true; people quite like living in Corbusier’s actual buildings & observing that buildings for poor people aren’t very good doesn’t actually help much.
Well, but wait. Nowhere in Le Corbusier’s writing about the future of the city does he say that he, personally must design all of these buildings. The larger concept of the garden city is, fairly or unfairly, attached to Corbusier. Fairly or unfairly, I don’t think he’d reject that characterization. He was aiming for more than just what he could accomplish with his own buildings.
January 27, 2009 at 7:01 am
JPool
He was aiming for more than just what he could accomplish with his own buildings.
Exactly. The problems with housing projects isn’t the design itself, or even the design being done on the cheap and then not maintained (though of course those can be problems in their own right). The problem is that the design failed to take account of the ongoing circumstances of peoples lives. Leisure isn’t leisure if you’re unemployed, and public spaces become spaces of idleness crime and predation if that’s what’s around to fill them.
January 27, 2009 at 10:23 am
Matthew Yglesias » Aesthetics-Enabling Regulation
[...] interesting post from Eric Rauchway on how an earlier version of New York’s zoning code facilitated the creation of an attractive skyline, that’s now being undermined by an updated [...]
January 27, 2009 at 10:34 am
cleek
My high school, built in 1974, was apparently deliberately and explicitly designed like a prison as a response to fears about student riots.
not sure if it’s true or not, but the dorms of RIT (where i went to school) were said to be designed the way they were for that same reason: easy control in case of student unrest.
January 27, 2009 at 2:03 pm
silbey
At least the new buildings don’t risk the return of Gozer.
http://ghostbusters.wikia.com/wiki/Gozer
January 27, 2009 at 2:07 pm
eric
It’s true: zoning law is an underappreciated tool in preventing the irruption into our dimension of evil gods.
January 27, 2009 at 5:52 pm
andrew
Wasn’t Paris university system famously decentralized after the 1960s to avoid repeats of student unrest? (Not that it prevented 2000s unrest, though.)
preventing the irruption into our dimension of evil gods.
Bridges are outlawed in order to discourage the crossing of streams.
January 27, 2009 at 6:03 pm
andrew
I finally read the Yglesias post first linked. I generally agree with the criticisms of the height limit, but other cities have height limits and aesthetically pleasing architecture – they just managed to fill up more space* with larger buildings rather than having lots and lots of single family homes on the edges. Also, Crystal City seems like it suffers from the same boxes and plazas problem as midtown NY, though Northern Virginia has done a good job with density especially on the nearer Orange line.
[*Bonus politics and architecture link: think of what happened to the occupants of that space before many of the bigger structures went up.]
January 28, 2009 at 3:15 am
Sambo
Floor Area Ratio, not floor-to-Air ratio. Different zoning districts allowed different FAR’s, which is a multiple of the lot size. So a building on a 10,000 sf lot in a 6 FAR district could have up to 60,000 sf of area. That was modified by setback and sky exposure planes which can cause a limited degree of stepping – you see it in Manhattan in the upper stories of “white-brick” buildings from the early 60′s.
Also, re:riots, there are supposedly certain outdoor stepped ramps on campuses (the kind where there’s a step every 4 or 5 feet) where the spacing of the steps has been deliberately scaled to make it impossible to run. As a side “benefit,” they are really annoying to walk on, as well. Anybody heard of that one?
January 28, 2009 at 9:55 pm
Judge Glock
Although many New York architects such as George B. Post and Ernest Flagg lobbied extensively for height restrictions in the early 20th century, and had an influence on the eventual zoning legislation, one cannot give them aesthetic credit for such 1920s and 30s beauties as the Chrysler and Empire State buildings. Many of those who passed the 1916 bill actually hoped it would bring about the “end of the skyscraper age” by making tall buildings “uneconomical.”
Thus any beauty created by the regulations was found post-facto, as detailed by Carol Willis in her 1986 JSAH article “Zoning and Zeitgeist” and her book “Form Follows Finance.” And as much as we appreciate the outlines of New York’s post-1916 era skyscrapers, one has to admit that an entire city of them would be dull and tedious.
The preeminent purposes of the 1916 act were the maintenance of high property values in downtown real estate during a bust (by restricting supply coming onto the market) and, more importantly, the explusion of poor garment workshops (and especially garment workers) from the tony Fifth Avenue shopping district. Female seamstresses were bothering rich shoppers during their lunch breaks. This is hardly an inspirational story for liberal regulation.
And as far as work done on the post-1961 mandated plazas and squares in NYC (which were given in exchange for increased FAR) William H. Whyte, of “Organization Man” fame, was commissioned by the city to discover why some plazas succeeded and others failed. He detailed his findings in “The Social Life of Small Urban Spaces” and “City: Rediscovering the Center.” He found that as much as people claimed to want to escape the city, plazas that were level and open to the street succeeded far better than “rural havens” like (the old) Bryant Park.
But as most people know the 1961 regulations created more monstrosities than monuments. As with the 1916 regulations, the intended and unintended negative consequences of governmetn control seemed to have outweighed any benefits.
January 29, 2009 at 4:10 pm
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