Brian L. Nagle, Esquire

Many users also experience greater operational efficiencies using space that can adapt quickly to business needs. Meanwhile, developers, business owners, and local governments strive to keep up with the trends of this important area of industrial land use.

Flexible building space, known commonly as flex space, is typically regulated by general industrial requirements of local government regulation. A flex space building is one with occupants who devote approximately 10-30% of their space for office and administrative uses, while maintaining approximately 70-90% of the space for industrial uses. A flex space building usually accommodates one or more of the following uses: wholesale, warehouse, distribution, light manufacturing assembly or fabrication. Obtaining zoning and land use approvals for a flex space building presents unique challenges.

Most Municipal Zoning Ordinances do not specifically address flex space as a use. Therefore, business owners and developers are often forced to file zoning and land development applications under regulations that are geared toward traditional industrial development. Some regulations expect entire buildings to be devoted to a single industrial use plus accessory office space. Flex space buildings, in contrast, are often separated into multiple units which will typically accommodate a mixture of the aforementioned flex space uses. Fortunately, most local ordinances have recognized the need for multiple uses in industrial buildings.

At the time of development, a business owner or developer may not know exactly what type of uses will ultimately occupy units in the building. Zoning ordinances often calculate the number of parking spaces by utilizing the number of employees of the business or the number of employees plus the number of vehicles maintained by a business. This will often present a challenge in the flex space setting where those numbers cannot be ascertained until such time as the ultimate unit occupiers are known. Additionally, the arrangement of loading dock facilities and industrial truck circulation also requires specialized planning. Because many flex space buildings are established as a series of condominium units, the preparation of a specialized declaration of covenants is sometimes required.

Securing approved flex space for a commercial operation is often part of a company's business plan and is an effective means to efficiently and economically manage growth. The Land Use Group at MacElree Harvey is experienced in representing developers and business owners in all aspects of acquiring property and seeking land use and zoning approvals for flex space and other commercial development.

MacElree Harvey
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West Chester, PA 19381–0660
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