Defining a "coworking" space as distinct from "office" space...a zoning ordinance question

[twy...@cityofirving.org]

I work in city government, and I've been asked how other cities define a "coworking" space separately from other types of "office" uses in their zoning regulations.  I've checked several ordinances for cities known to have a large coworking presence, but so far, I've had no luck finding such a definition in those city ordinances.

Then I stumbled across this group.

So I'm wondering, does the city where your coworking space operates have a "coworking" or "shared workspace" land use definition in its zoning regulations?  If so, what city/state is your site in, and is the definition adequate to allow your facility to operate unimpeded (or is there something that needs to be tweaked)?

How would you define "coworking space" so as to make it clear that it is not an ordinary office space?

Respectfully,

Troy Wynne, AICP

City of Irving, TX

[Jerome Chang]

Hi Troy.

I’m an architect who coincidentally used to work and practice in Irving, TX.

In general, no, cities have not adopted shared spaces into their zoning regulations.

But in general, the elaboration of codes would be the increase in occupancy density (to near assembly levels), and therefore the likely impact to egress, fixture counts, and maybe parking. I say maybe to parking because many shared space users are more likely to use alternate modes of transit, and b/c 100 seats in a space does not necessarily translate to 100 daily parkers. In fact, maybe only 50, or that the 100 come in/out like retail, vs. park all day.

JEROME CHANG

talk to us: (323) 330-9505

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[twy...@cityofirving.org]

Thanks Jerome,

 

I'm glad to hear I'm not the only person who's noticed a lack of definitions in ordinances.

I really enjoyed reading the September/October 2014 thread on definitions started by Ramon Saurez.  I may end up using the ultimate consensus of that thread as the basis of a definition for our code (or to modify whatever ordinance definitions I can turn up on this site or elsewhere over the next few days):

"Calls itself a coworking space.

·  Has a fully dedicated space for coworking (not just a few hours or a cafeteria shared with patrons).

·  Has an active community of members, not just clients.

·  Has a facilitator dedicated to connect the members and build trust among them, engaging in activities to build the coworking community.

·  Treats coworkers as 1st class clients.

·  Promotes and encourages collaboration, interaction and serendipity.

·  Offers one or many kinds of membership (full or part time)

·  Open decision-making: sets explicit, transparent, public limits on who can be a member and how they can participate; does not have implicit or hidden rules or processes for determining or excluding potential members."

Also, thanks for the discussion of parking.  That's one of the trickiest things to regulate when a land use has little track record in a region.

Respectfully,

Troy

[Ray Doeksen]

As opposed to makerspaces or hackerspaces, where the definition might be tougher ... would there need to be a special category just because in that office (the coworking space) there's one tenant and a bunch of subtenants?

Unless the activities are remarkably unusual ... I would imagine that a business whose mission was to house the daily comings and goings of 50 random desk workers would be no big deal, compared to a company with 50 desk workers that were on the payroll. Hot-desk coworking seems pretty innocuous. 

There's a coworking space nearby that could be any sort of business you might imagine, just by changing a logo on the door. Makerspace or hackerspace - that's another story entirely. You can kind of tell by the lathes, milling machines, laser cutters, welders, etc. that it isn't just a hot desk place. 

[Jerome Chang]

Nope. Coworking for zoning officials would basically be a higher density of potential occupants that is offset by actual utilization and therefore lower occupancy.

JEROME CHANG

talk to us: (323) 330-9505

chat w/ us: http://www.BLANKSPACES.com/chat

WEST: Santa Monica | 1450 2nd St (@Broadway)

CENTRAL: Mid-Wilshire | 5405 Wilshire Blvd (2 blocks west of La Brea)

EAST: Downtown | 529 S. Broadway, Ste 4000 (@Pershing Square)

NORTH: Pasadena | 680 E. Colorado, Ste 180 (b/w Lake and Los Robles)

[twy...@cityofirving.org]

It may seem odd that I am trying to find a zoning type definition for cowork space when the use's impact may not seem much different than an office environment, but we have a situation where a site has some unused space zoned for "Retail" but the owner would like to use it for a "Cowork" space. 

 

The surrounding Office properties, which had no objections to the site being zoned for retail, will be reluctant to see more competing "Office" zoned land nearby (the market is good for office rental right now, but markets ebb and flow).  So, we want a way to define what we mean by "Cowork" space so it is clear in any approved zoning change that a parcel allowed "Retail plus Cowork use" is not going to be competing with the neighboring sites for general office tenants.

 

.  So, in terms of a potential definition, using the key points from Suarez's thread and noting Doeksen's reference to the differences between cowork space and maker spaces, I have this as a first take on a zoning type definition for Cowork space:

 

Cowork Space-Is a facilitated environment which may contain desks or other workspaces and facilities and is used by a recognized membership who share the site in order to interact and collaborate with each other as part of a community.  Rules for membership and participation in the cowork space are explicit, transparent and are available to by the public.  Fabrication tools are limited to those which do not generate noise or pollutants in excess of what is customary within a typical office environment.

Maker Space-A cowork space which allows members access to fabrication tools similar to those in machine shops or other industrial sites. 

Does this seem correct?

 

[Alex Linsker]

I like how you wrote it! Very much.

Quick suggestion: I might change "may contain" to "contains" so that Hostel International and other non-work uses aren't included (although I love those organizations)! I could run it by two of my real estate lawyers if you'd like, although they do practice in Oregon.

[Jerome Chang]

I would change the usage to “coworking space” instead of “cowork space”

I would also include some language about assembly use (1. we typically host events, classes, etc..2. We have a much higher foot traffic than offices.) This would both blend into the current retail zoning and distinguish from solely office use and therefore prevent competitive concerns. 

Jerome

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[Rik Ahlberg]

We got zoning permission for our space under a catchall category: “Use having externally observable attributes similar to uses permitted“. It was the first time the zoning board had ever allowed that.

It was important that we had broad support for this as an economic development project (both from the town staff and the community).

We made the case that it wasn’t office space (which was not allowed in our zone) and wasn’t retail (no products being sold).

[twy...@cityofirving.org]

Jerome,

Assembly uses...I forgot about that element. With hosting events, I want to be clear this isn't primarily a party/wedding reception venue for private parties.  How about:

Coworking Space-Is a facilitated environment which may contain desks or other workspaces and facilities and is used by a recognized membership who share the site in order to interact and collaborate with each other as part of a community.  Rules for membership and participation in the coworking space are explicit, transparent and are available to by the public.  Coworking spaces may host classes or networking events which are open either to the public or to  current and prospective members.   Fabrication tools are limited to those which do not generate noise or pollutants in excess of what is customary within a typical office environment.

Maker Space-A coworking space which allows members access to fabrication tools similar to those in machine shops or other industrial sites. 

[twy...@cityofirving.org]

Alex,

Thanks for the suggested change.  That's the sort of help I need to make sure the definition allows what we think it allows. 

The consultants we worked with for our last Comprehensive Plan are based in Portland, so if you ask couple of real estate attorneys in Oregon to take a look at this, I'd be more than happy to hear what they have to say.  Many zoning definitions end up being used across the country (especially if they survive a legal challenge), though they are often customized to better serve the local community. 

Cowork Space-Is a facilitated environment which contains desks or other workspaces and facilities and is used by a recognized membership who share the site in order to interact and collaborate with each other as part of a community.  Rules for membership and participation in the cowork space are explicit, transparent and are available to by the public.  Fabrication tools are limited to those which do not generate noise or pollutants in excess of what is customary within a typical office environment.

[Jerome Chang]

Looks good now. :-)

Jerome

[twy...@cityofirving.org]

Thank you for all of the help on this!  I am very pleased with what we've been able to put together.  I'll let you know if it gets incorporated into either the general zoning or a specific case ordinance. 

Respectfully,

Troy

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Proposed Zoning Definition:

Coworking Space-Is a facilitated environment which contains desks or other workspaces and facilities and is used by a recognized membership who share the site in order to interact and collaborate with each other as part of a community.  Rules for membership and participation in the coworking space are explicit, transparent and are available to by the public.  Coworking spaces may host classes or networking events which are open either to the public or to  current and prospective members.   Fabrication tools are limited to those which do not generate noise or pollutants in excess of what is customary within a typical office environment.

[deborah...@gmail.com]

Hi!

I own a coworking + childcare space and am opening up a new co-retail space in New Jersey. I'm working with our government to create use code ordinances for these newer types of business models that include multi use, shared, flexible space. 

Found this old thread and thought I'd bump it up to see if anyone has come further with language, and to hear an update from you, Troy?

We also have a specific question about food + co-retail, if anyone has thoughts/language/precedence that might work.

Thanks!

Deborah Engel

Work and Play (South Orange, NJ)

General Store Cooperative (Maplewood, NJ)

@debengel77 on IG 

[twy...@cityofirving.org]

This use was denied for the property requesting it, so the definition has not made its way into any city ordinance yet.  I am keeping it handy for inclusion in our general Zoning Ordinance for the next time we make a major edit to our definitions chapter or some of the commercial land use categories. 

[Jerome Chang]

Hi Deborah. I’m an architect who focuses on “tenant improvement,” which is typically office and restaurants. An architect should be able to submit your permit with existing codes/regulations. In general, don’t complicate your model - just permit as office + childcare. Ditto retail + cafe. Delineate your floor areas of usage and you should be fine.

JEROME CHANG

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