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HomeMy WebLinkAboutCovenants for Universal Bu Park Qj " Document Number COVENANTS AND RESTRICTIONS CITY OF OSHKOSH UNNERSAL BUSINESS PARK Document Title Drafted by: Warren P. Kraft City Attorney Oshkosh, WI 54903-1130 1298696 REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 02/17/2004 01:52PM SUSAN WINNINGHOFF REGISTER OF DEEDS RECORDING FEE 45.00 TRANSFER FEE # OF PAGES Recordin Area Name and Retnro Address City Attorney's Office Oshkosh WI 54902-1I30 Parcel Identification No. . l~ I COVENANTS AND RESTRICTIONS ~ O(ti~Q[H CITY OF OSHKOSH UNIVERSAL BUSINESS PARK These covenants apply to all lots sold on or after August 1, 1995. Revised: February, 2001 Revised: January, 2003 Revised: August, 2003 Revised: December, 2003 Original Covenants recorded as Doc. No. 832806 Revised Covenants recorded as Doc. No. 849901 Revised Covenants recorded as Doc. No.1252712 Revised Covenants recorded as Doc. No. 1273633 Revised Covenants recorded as Doc. No. DECLARATION OF COVENANTS This Declaration is made, this ~ day of Februarv , 1993 by the City of Oshkosh, (the "Declarant") as owner of the teal property in the County ofWinnebago, State of Wisconsin, described as: PARCEL "A": A part of the SE 1/4 of Section 33, Tl8N, RI6E, 13th Ward, City of Oshkosh, Winnebago County, Wisconsin, described as follows: Commencing at the SE comer of certified survey map no, 2329 as recorded in Doc. No, 764235, in the Office of the Register of Deeds, Winnebago County, Wisconsin; thence N 54°18'08" E 352.06 feet, along the Nly line ofS.T.H. 44 to a point; thence N 35°41'52" W 379.93 feet to a point; thence S 47°10'16" W 354.79 feet to a point; thence S 35°41 '52" E 335.88 feet to the point of beg inning. PARCEL "B": A part of the SE 1/4 of Section 33, Tl8N, RI6E, 13th Ward, City of Oshkosh, Winnebago County, Wisconsin, containing 2.1 acres of land and described as follows: All of Certified Survey Map no. 2329 as recorded in Doc. No. 764235, in the Office of the Register of Deeds, Winnebago County, Wisconsin. PARCEL "C": That part of the W 1/2 of the SE 1/4 of Section 33, Tl8N, RI6E, 13th Ward, City of Oshkosh, Winnebago County, Wisconsin, containing 2.45 acres more or less, lying Nly of Universal Street and Sly ofS.T.H. 44 and Sly of10t I in accord with CSM lOB, Doc, No. 575739 as recorded in the office of the Register of Deeds, Winnebago County and excluding those portions dedicated for street right-of-way, PARCEL "D": That part of the SW 1/4 of the SE 1/4 of Section 33, Tl8N, RI6E, 13th Ward, City of Oshkosh, Winnebago County, Wisconsin, containing 23.97 acres, lying Sly of Ripon Road and Universal Street and N ofWaukau Avenue except the S 257.4 feet of the W 150 feet and also except the S 163 feet of the E 150 feet and except those portions dedicated for street purposes. PARCEL "E": That part of the SE 1/4 of the SW 1/4 of Section 33, Tl8N, RI6E, 13th Ward, City of Oshkosh, Winnebago County, Wisconsin, conta~' ing 2.34 acres described as follows: Commencing at the S 1/4 comer of Section 33; then eN 89°15'40" W 662.98 feet along the centerline ofWaukau Avenue to a point; thence N 00°1'15" E 33.00 feet to a point on the N line ofWaukau Avenue; thence continuing N 00°41'15" E 4 3.62 feet to a point on the S line ofS.T.H. 44; thence S 54°15'10" W 303.91 feet along the S line ofS.T.H. 44 to a point; thence S 30°49'34" W 197.59 feet to a point; thence SEly 279,82 feet along the arc of a curve to the left which radius is 470,87 feet and which long chord bears S 65°22'58" E 275.72 feet to a point; thence S 69°20'24" E 59.77 feet to a point on the N line ofWaukau Avenue ,thence S 89°15'40" E 35.52 feet along said N line to the point of beginning ofthe lands herein described. [NOTE: Pursuant to action of the Oshkosh Common Council on December 23, 2003, Res. #03-510, the covenants contained in this declaration to do not apply to Parcel E effective December 23, 2003.] City of Oshkosh Universal Business Park Covenants Page 1 PARCEL "F": Part of the SW 1/4 of Section 33, Tl8N, RI6E, 13th Ward, City of Oshkosh, Winnebago County, Wisconsin, described as follows: Cormnencing at the SW comer of said Quarter Section; thence N 00°29'50" E 45 feet to the Nly line ofC.T.H. X; thence N 89°15'40" W 1030.50 feet along said Nlyline to the point of beginning; thence continuingN 89°15'40" W 113.35 feet to a point on the Nly line ofS.T.H. 44; thence N 65°40'44" E along said Nly line ofS.T.H. 44 40.34 feet to a point; thence N 53°57'40" E 118.53 feet along said Nly line ofS.T.H. 44 to a point; thence N 32°26'04" E 174,17 feet to a point on a circular curve; thence NWly 246.74 feet along said circular curve to the left, which radius is 460.87 feet and which long chord bears N 63°43'43" W 243.8 feet to a point; thence N 88°55'52" W 117.78 feet to a point; thence S 00°29'50" W 342 feet to the point of beginning of the lands herein described. Said lands contain 2.0 acres more or less. OTHER PARCELS: v" The east 105 ft., ftont and rear, of the west 1030.5 ft., ftont and rear, of the south 387 ft. of the SW 1/4 of the SW 1/4 of Section 33, Tl8N, RI6E, 13th Ward, City of Oshkosh, Winnebago County, Wisconsin, excepting therefrom that portion thereof heretofore conveyed to Winnebago County for highway purposes by deed recorded in Volume 1071 on page 442, [Marsh property] v" That part of the NW 1/4 of the NW 1/4 of Section 4, Tl7N, RI6E, in the Town of Nekimi, Winnebago County, Wisconsin, lying north and west of the NWly right -of-way line of State Trunk Highway 44 as located previous to year 1923, excepting thereftom the three (3) following described tracts ofland, viz: [Foote property] I. The west 423 ft. thereof. 2. That portion thereof heretofore conveyed to Winnebago County, Wisconsin, by Deed recorded in Winnebago County, Wisconsin Registry, in Volume 975 on page 171. 3. That portion thereof heretofore conveyed to Winnebago County by instrument recorded in said Registry in Volume 1071 on page 648. v" That part of the SW 1/4 See 33, Tl8N, RI6E, that is bounded on the N, NW and SW by W. Waukau Ave. as now relocated, on the S byW. Waukau Ave. and on the E by that part as described in Doc. No. 652859 Register of Deeds, 13th Ward, City of Oshkosh, Winnebago County, Wisconsin containing approximately 2.1 acres. [tax ill #13-2910-3100] shall be subject to this Declaration (the "affected property"). The Covenants declared herein shall run with the affected property and each part thereof and with any interest in the affected property or any part thereof for all purposes and shall be binding upon and inure to the benefit of Declarant and all Owners, Lessees, Licensees, Occupants, Lienors, and their successors, of the affected property. The Declarant intends with these regulations to provide for the orderly and attractive grouping ofbusiness park operations which, on the basis of physical and operational characteristics, would provide long-term value to the community, would maintain the value of all individual properties within the park, and would not be detrimental to surrounding areas by reason of noise, dust, odor, traffic, physical appearance or other similar factors. These Protective Covenants are in addition to City of Oshkosh Zoning Ordinance's building code requirements. City of Oshkosh Universal Business Park Covenants Page 2 1. Definitions The term "Declarant" shall mean the City of Oshkosh, or its successors, or assignees, In this regard, Declarant appoints the Oshkosh Cormnercial Development Corporation as its agent and attomey-in- fact to act, and to perform any act, function, or duty of Declarant hereunder as if Declarant were acting in its own behalf, and Declarant agrees that any person may rely upon the acts of the Oshkosh Cormnercial Development Corporation as if they are the acts of Declarant. This appointment may be revoked only by a written revocation filed for record with the Register of Deeds, Winnebago County, Wisconsin, or by written resignation filed for record in the same office. 2. Permitted Uses All building sites within the affected property shall be used solely for the following purposes and services ancillary to such uses, subject to conditions herein, and subject to applicable ordinances: A) Offices, Business and Professional, including: Accounting, Auditing, and Bookkeeping Offices, Advertising Offices Banks and Financial Institutions Business Associations Business and Management Consultant Offices Chiropractic Offices Civic/Social and Fraternal Association Offices Consumer and Mercantile Credit Reporting Services Offices Contractors Offices Dental Offices Detective and Protecting Agency Offices Educational and Scientific Research Offices Employment Agency Offices Engineering and Architectural Offices Financial Offices Governmental Offices Insurance Offices Investment Offices Labor Unions Laboratories, MedicallDental with Accessory Researching and Testing Legal Offices Library and Art Galleries Loan Institutions Medical Offices MedicallDental Clinics Office-Business, Professional or Public Osteopathic Office Optometric Office Post Office Professional Membership Organizations Real Estate Offices Studios for Photography, Painting, Music, or Sculpture City of Oshkosh Universal Business Park Covenants Page 3 B) Uses not explicitly enumerated in this section, but closely similar thereto. In the event that a use is permitted by this Declaration but not permitted by applicable ordinances, such use shall be permitted by this Declaration only if an appropriate variance under such ordinance is obtained. Declarant reserves the right to enforce or to have its designee enforce permitted uses throughout the affected property. C) For Lots 26-32, other uses that maybe deemed compatible and harmonious with existing and proposed uses in the irmnediate area may be permitted subject to review and approval by the Declarant or its designee. 3. Approval of Application Plans Prior to construction or alteration of the shape, size or aesthetics of any building or other structure, two sets of description of operations, preliminary building and landscaping plans and outline specifications shall be submitted to Declarant or its designee for approval. No building, structure, or other improvement shall be constructed, altered, or placed upon the affected property until the location, design, plans and specifications for such (including landscaping) shall have been first approved by Declarant or its designee. Declarant or its designee shall act upon any Applications submitted to it within 30 days of receipt. Approvals will be in accord with site and building principles and standards established as a guideline for development. (Reference Site Planning Guidelines.) The City of Oshkosh Department of Cormnunity Development shall be the Declarant's designee for purposes of plan approval. 4. Building Materials and Design A) Exterior Walls: Materials shall be approved by Declarant or its designee and shall be one or more of the following: 1. Brick and stone shall be of any size, type, texture, color and placement as shall be approved by Declarant or its designee. 2. Such other aesthetically appropriate exterior building materials secondary to the primary exterior masonry surface of the building subject to the approval of the Declarant or its designee. 3, For Lots 26-32, in addition to materials set forth in A)l and A)2 above, concrete masonry units are permitted. Concrete masonry units being generally described as "Customized Architectural Concrete Masonry Units" that are fluted, broken faced brick-type or decorative masonry, as approved by Declarant or its designee. City of Oshkosh Universal Business Park Covenants Page 4 B) C) D) E) F) 5. 4, For Lots 26-32, in addition to materials set forth in A.l, A.2 and A.3 above, the following are also permitted: concrete poured in place, tilt-up, or precast, that is finished in stone, textured, or coated in a manner approved by Declarant or its designee. All coating shall be approved by Declarant or its designee. Canopies: No canopies with visible wall hangers will be permitted. Design of canopies shall be in keeping with the design of the building and approved by Declarant or its designee prior to construction or alteration. Roof Mounted Equipment: Roofmounted equipment shall be so located and/or screened, and/or painted to minimize visibility from the street, as may be required by Declarant or its designee. Loading Docks: Provision should be made for handling all fteight on those sides of the building which do not face a street. Outside loading docks shall not be constructed facing any street unless the face of the truck unloading dock is 100' ftom the street line. No outside loading docks shall be constructed facing Highway 44 or Universal Drive on lots ftonting on these roads. All outside loading docks facing any street must be screened ftom visibility ftom the street by berm and/or landscaping in a manner approved by Declarant or its designee, This shall be applicable to any new construction or alteration of any existing facility. Parking Surfaces, Driveways and Loading Areas: All parking surfaces for autos or trucks, driveways and loading areas shall be paved with a bituminous or concrete surface no less than twelve (12) months after occupancy. Coverage: Unless otherwise approved by Declarant or its designee, the ratio of building square footage to the total square footage of any building site within the affected property shall not exceed 50% Minimum Lot Size, Building Setback & Height Standards A) B) C) D) E) Minimum lot size - 1/2 acre. Front yard setback - 50 feet, except for Lots 26 and 27 where a 30 foot setback would be permitted. Side yard setback - 20 feet. Rear yard setback - 25 feet. Maximum building height - 40 feet. City of Oshkosh Universal Business Park Covenants Page 5 6. Parking Each building site shall be provided with adequate paved off-street automobile parking as may be approved by Declarant or its designee, and no parking will be permitted on any street, driveway, or any place other than in approved parking spaces. Parking shall in all cases be in accordance with the provisions established under the City of Oshkosh Zoning Ordinance, except where these covenants exceed those provisions. A) Location Unless otherwise approved by Declarant or its designee prior to the construction or alteration of any building or site, parking will not be permitted within 25 feet of the ITont property lines (those facing dedicated streets), nor within 15 feet of any side property line, Parking may be allowed with a 5 ft. minimum rear yard setback provided a 5 ft. landscape buffer is provided, 7. Landscaping A) B) C) D) E) F) G) 8. All open areas of any lot not used for parking, driveways, or storage, shall be landscaped with trees, shrubs, berms, and planted ground covers. The minimum tree and shrub sizes are as follows: shade trees - 2 1/2 caliper; ornamental trees - I 1/2 caliper; evergreen - five (5) feet; shrubs - 24 inch pot. All trees shall be staked and guyed, It shall be the owners responsibility to see that the landscaping is maintained in an attractive and well maintained condition. The owner shall also replace any dead or damaged trees or shrubs with a similar species. Any dead or damaged sod shall also be replaced. All vacant lots or portions of lots shall be maintained in an orderly manner, ftee of litter and debris. All lots in this district shall provide a landscaped yard. This yard shall be kept clear of all structures, storage, and off-street parking. Except for driveways, the yard shall extend along the entire boundaries of the site. This yard shall have a minimum width of not less than fifteen (15) feet. Landscaping, as approved by Declarant or its designee, shall be installed within 90 days of occupancy or substantial completion of the building, whichever occurs first, weather permitting which shall include appropriate planting seasons. Screening A) On a lot adjacent to a lot in a residential district, there shall be a minimum of a thirty (30) foot landscape strip consisting of one or more of the following: (1) (2) (3) Berms Shrubs Trees The screen shall be opaque. City of Oshkosh Universal Business Park Covenants Page 6 9. 10. 11. 12. 13. 14. Lighting A) Any lighting used to illuminate an off-street parking area, sign or structure, shall be arranged so as to deflect light away ftom any adjoining residential zone or from public streets, Ontside Storage A) General Prohibition Open outdoor storage of materials, products, or equipment is prohibited. B) Screening of Trash Receptacles All trash containers or dumpsters must be enclosed by a wall of solid materials that matches the facade of the principal building and provides a suitable screen. Such wall shall be of sufficient height to cover the material stored and shall be maintained so as to present a good appearance at all times. As an alternative to screening by use of a wall, with the approval of the Declarant or designee a combination of berms and other landscaping may be used to screen trash containers and/or dumpsters. Fencing Except for screening of trash receptacles under Section 10 above, fences within in the Park are prohibited. Utility Connections All utility connections, including all electrical, telephone and cable television connections and installation of wires to buildings, shall be made underground, except for those parcels identified in the Covenants as Parcels A, B, E and F. Storm Drainage & Retention Each lot within the park, regardless of size, is to be developed in accordance with the City of Oshkosh Storm Drainage Regulations in effect at the time oflot development. Signs A) Prohibited Signs No signs, other than company identification signs and directional signs, are permitted on any lot within the Park. Roof mounted billboards or signs are prohibited. Wall mounted billboards are prohibited, as are many other off-premise advertising signs. No sign shall be attached to exterior glass. Building signs may be attached only to the ground floor of a building and must be approved by the Declarant or its designee. City of Oshkosh Universal Business Park Covenants Page 7 B) Permitted Signs 1) Ground Signs Each lot within the park may have one (1) ground sign per public street ftontage, except lots abutting Waukau Avenue, and lots 26 and 27. Lots abutting Waukau Avenue with additional ftontage on another public street, are only permitted one (1) ground sign, with such sign not to be installed off the Waukau Avenue ftontage. Lots 26 and 27 may have two (2) ground signs at the entryway locations to the lots. Ground mounted signs must be placed on wall panels with a solid base constructed of materials used on the visible elevations of the building (i.e., brick, stone, customized concrete masonry). The size of the base shall not exceed five (5) feet in height and fourteen (14) feet in length. The ground sign wall panel may include two (2) sign faces, with no single sign face exceeding fifty (50) square feet in area. The overall height of the sign structure (base and sign face wall panel) shall not exceed ten (10) feet. Ground mounted signs must include a landscaped setting of ornamental shrubs and/or flowers in an area equal to two (2) times the area of the total sign face square footage. Ground signs shall maintain a twenty-five (25) foot ftont yard setback, twenty (20) foot side setback, and a twenty-five (25) foot rear yard setback. 2) Wall Signs Each principal building on a lot may have one (1) wall mounted sign per public street ftontage, with the total square footage of the sign area not to exceed ten (10) percent of the wall supporting the sign. A wall sign may not project more than eighteen (18) inches ftom the wall. The sign area shall be the entire area within a single continuous perimeter enclosing the extreme limits of each such sign. 3) Directional Signs Directional signs shall consist of a post and panel system limited in size to eight (8) square feet per sign face, and the overall height of the sign structure shall not exceed three (3) feet above grade. Not more than one sign may be provided at each access drive. C) Sign Lettering & Lighting All lettering and company logos on building wall signs shall be individually cut or fabricated letters. No panel or wood signs are permitted for building wall signs. Building wall signs, if illuminated, shall be internally illuminated without a halo. Ground signs shall be either internally illuminated, or illuminated by ground-mounted fixtures. If ground-mounted illumination is provided, fixtures must be screened ftom view ftom the street. Directional signs may be internally illuminated. City of Oshkosh Universal Business Park Covenants Page 8 D) Approval of Sign Design All sign designs must be submitted to the Declarant or its designee for approval and to the City of Oshkosh for building or sign permit review and issuance prior to construction or installation. 15. Additions and Improvements No exterior improvements, signs, landscaping, or other exterior physical features as herein defined shall be erected, placed or altered on any building site until the building or other improvement plans, specifications, and plot plan showing the location of such improvements on the particular building site have been submitted to and approved in writing by the Declarant or its designee as to conformity and harmony of external design with existing structures in the development, and as to location of the improvements on the building site, giving due regard to the anticipated use thereof as same may affect adjoining structures, uses and operations, and as to the location of the improvements with respect to topography, grade, and finished ground elevation. 16. Maintenance Any owner and lessee of any site shall have the duty of, and responsibility for, keeping the premises, buildings, improvements, appurtenances and landscaping, in a well maintained, safe, clean, and attractive condition at all times. All grass, trees and shrubbery must be kept watered in dry weather and in good appearance at all times. All grass must be cut whenever necessary, All weeds must be kept cut by the owner, If, in the opinion of Declarant or its designee, any such owner and lessee fails in this duty and responsibility, then Declarant or its designee may give such owner or lessee, or both, notice of such fact and such owner and lessee must, within 10 days of such notice, undertake the care and maintenance required to restore said owner's and lessee's property to a safe, clean, and attractive condition. In the event that such owner and lessee fails to so restore the site after said notice, Declarant shall have the right and power to perform such care and maintenance as it deems necessary or desirable to restore the site, and the owner or lessee, or both, of the site upon which such work is performed by Declarant shall be liable for the cost of such work. In the event that the owner and lessee fails to reimburse Declarant for the cost of such work within 30 days of having been billed, the cost shall be a lien against such owner's and lessee's property which lien shall be subordinate to any first mortgage against the property. 17. Approvals Only written approvals by Declarant or its designee shall be effective. Written approval by Declarant or its designee of a particular use or action shall be conclusive evidence of compliance with this Declaration to the extent any use or action so approved is not in violation of any law, ordinance, or govermnental regulation, Declarant or its designee shall not be liable for damages to anyone City of Oshkosh Universal Business Park Covenants Page 9 submitting plans to it for approval, or seeking any approval under this Declaration, or any owner, lessee or other interest affected by this Declaration, by reason of mistake in judgement, negligence or nonfeasance arising out of, or in connection with, the approval or disapproval or failure to approve any matter of plan. Each person who seeks such approval agrees, by so seeking, and every owner or lessee of any of said property agrees, by acquiring title thereto or interest therein, that he will not bring any action, proceeding, or suit against Declarant alleging such damages. The City of Oshkosh Department of Cormnunity Development shall be the Declarant's designee for purposes of plan approval. 18. Termination, Modification, and Declarant's Rights A) Declarant shall have the sole right and power at all times to terminate or modify this Declaration with respect to any portion of the affected property which Declarant owns. B) This Declaration may be terminated, extended, modified, or amended, as to the whole of the affected property, or any portion, with the written consent of the owners of66-2/3% of the affected property, based on the number of square feet of land owned as compared to the total number of square feet of land within the affected property, provided, however, that so long as Declarant owns any portion of the affected property, no such termination, extension, modification, or amendment shall be effective without the approval of Declarant. 19. Enforcement The restrictions contained in the Declaration may be enforced at law or in equity by the Declarant or its designee, or by any owner of any portion of the affected property, if Declarant or its designee fails to act to enforce within 30 days after having been requested to do so. Declarant shall not have any liability at law or in equity to any person for failure to enforce any of the restrictions contained in this Declaration. In the event that Declarant ceases to exist, or files for record its resignation as Declarant, any owner of any portion of the affected property may enforce this Declaration with respect to his property. 20. Duration This Declaration shall terminate and be of no further force or effect upon the expiration of 30 years ftom the date hereof, or ftom the date of the last of any later amendments, unless extended as provided in Section 20(A) or 20(B). 21. Effect of Invalidation In the event that any provision of the Declaration is held to be invalid by any court, the invalidity of such provision shall not affect the remaining provisions of the Declaration, and they shall continue in full force and effect. City of Oshkosh Universal Business Park Covenants Page 10 22. 23. 24. 25. 26. Waiver of Rights The failure of Declarant, its designee, or any owner, to enforce any covenant herein shall not be deemed to be a waiver of the right to do so thereafter nor of the right to enforce any other restriction. Inspection Declarant or its designee may ftom time to time at any reasonable hour or hours, enter and inspect any of the affected property to ascertain compliance with this Declaration. Addition of Territory A) Declarant may ftom time to time during the term ofthis Declaration, or any extension, add to the affected property. Right to Re-Subdivide A) At the time of purchase of a tract or parcel of land ftom Declarant, such tract or parcel shall be considered as a single building site for all purposes hereunder. Re-subdividing of such tract or parcel shall not be permitted without the prior approval by Declarant or its designee. Municipal Rights Nothing in this agreement shall limit the rights of the Declarant to pass ordinances affecting the property in the exercise of its govermnent powers. 8/95:covenant.unv revisedl/03; 8/03 City of Oshkosh Universal Business Park Covenants Page 11 STANDARDS AND GUIDELINES To implement and define criteria for the purposes set forth in this set of Guidelines, the following principles are established: I. 1. No building shall be permitted the design or exterior appearance of which is of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards, 2. No building shall be permitted the design or exterior appearance of which is so identical with those adjoining as to create excessive monotony or drabness. 3, No building shall be permitted where any exposed facade is not constructed or faced with a finished material which is aesthetically compatible with the other facades and presents an attractive appearance to the public and to surrounding properties. 4. No building or sign shall be permitted to be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty and aesthetics of the area, particularly insofar as it would adversely affect values incident to ownership ofland in that area; or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties. Guidelines for the Aesthetic Evaluation of Site and Building Projects A. Intent Like inhabitants of most developing cormnunities, City officials and citizens have legitimate concerns about both the future character of the cormnunity and the integrity of existing (and even historic) development. One such concern is in regard to land uses or the mix of land uses, both existing and planned. Another concern is the financial capability of development (developers) to provide the required and promised improvements and, the financial capability of the community to provide the necessary and requested services. A third major concern, importantly, is in regard to the visual impact or image of the cormnunity by people both living within or only traveling through the community. The intent or purpose of this sub- section is to provide principles and standards for use by both the potential developer and City officials in the preparation and review of site and building plans proposed within the Universal Business Park with emphasis on and the primary objective of heightening the visual character ofthe sites and buildings proposed and, thereby, the entire community. It is understood that such visual enhancement is also expected to be maintained over time and not be only an initial accomplishment to be forgotten. The intent of this set of guidelines is twofold: to provide a systematic, equal basis for review and discussion of proj ects; and, to provide general guidelines to be used in the review of a development or building project. In this regard the "principles," are not true principles, but rather, general standards. City of Oshkosh Universal Business Park Covenants Page 12 2. D. The shape, size, dimension, architectural style, facade material, texture and color, building landscaping, building signage, and, the setting of the building within its immediate environment are all elements of the building structure design addressed by the designer, both individually and in concert. 3. Each color, texture or material of which the exterior of a building is composed may, individually, present a visual statement to the viewer and, therefore, in order not to present a conflicting or complex visual statement, the arrangement and mix of colors, textures and materials should be carefully considered and the number of such elements minimized, 4. Some building materials present a visual statement of strength and permanence to the irmnediate environment and to the cormnunity and should be encouraged, while other materials which make a building or structure appear temporary should be avoided. 5. Individual buildings may be attractive but when duplicated or triplicated on the same or adjacent parcels or on the same horizontal plane may detract ftom the visual character of the overall development. 6. Some use elements of a building structure, such as outside mechanical equipment, loading docks and areas, trash storage areas are not, usually, attractive and often detract ftom the visual appearance of the building unless careful attention is given to placement, construction, structural and/or landscape screening of such areas. 7. Building landscaping, that is landscaping which is or appears to be an integral part of the building facade design, needs to be carefully planned and the appropriate plant materials used so as not to detract form the architecture of the building. 8, Building signage, that is signage which is or appears to be an integral part of the building facade design, needs to be carefully planned and the appropriate sign materials, sign lighting and color used so as not to detract ftom the architecture of the building or be disruptive, Building Design Standards Standards must be related to the various Principles which, in turn, are related to the overall Objective which, in this case, is to "Heighten the visual character of sites and buildings in the Universal Business Park. It should be noted that the visual aspects of building design are difficult to relate to quantitative standards and, therefore, many of the building design standards must be qualitative. Following are both quantitative and qualitative standards related to the visual aspects of building construction which will be used by the Declarant or its designee in the review of every site plan or development: City of Oshkosh Universal Business Park Covenants Page 14 1. Standard No. BD-l Principle and accessory buildings presented for review shall be carefully designed so as to compatibly integrate architectural style, size, shape, building material, color and texture, landscaping, lighting and signage. 2. Standard No. BD-2 a. All buildings shall be designed to integrate the principal building materials, color and texture on all sides of the building. b. Each side of a building shall be designed to be individually visibly pleasing. 3. Standard No. BD-3 a. The number of materials, textures or colors which visually change the appearance of the building shall be limited to no more than three. b. Bright and fluorescent colors which attract or detract the eye shall not be used except as incidental trim comprising no more than 5 percent ofthe facade of any side. 4. Standard No. BD-4 a. Architectural types or styles which are unorthodox or which are considered to be incompatible with surrounding buildings shall not be allowed, except where adjacent buildings or structures do not meet the standards. b. Buildings constructed within a development shall not be so similar in exterior appearance that they appear to be the duplicate of the other unless placed on different horizontal planes or widely different vertical elevations. 5, Standard No. BD-5 a. Building appurtenances such as loading docks, solid waste storage areas, and mechanical or utility equipment located on the street side of any building shall be permanently screened ftom general view on all other sides (or roofs) of the building by use of compatible building materials, dense landscaping or both. b, Building landscaping, lighting and signage shall be presented as an integral part of the building design and shall not be so large or distinct as to detract from the architecture of the building, 6. Standard No. BD-6 Structural expansion or rehabilitation of existing buildings shall be designed to comply with the standards set forth herein. City of Oshkosh Universal Business Park Covenants Page 15 , E. Overriding Considerations The foregoing standards are designed to be met by all builders and developers. In certain or specific situations, however, the strict application or adherence to established standards is not possible. For example, where a physical hardship would be created by strict adherence to a standard and where there is no alternative which could meet the standards, good sense would dictate that the specific standard be reduced or, perhaps, waived in that individual case. Following are a series of considerations which may be reviewed and, if found to apply to a specific situation should be applied and, thereby, either override or enhance the standard(s) involved: 1. The natural terrain of a site may be so diverse or severe that total adherence to pertinent standards is not possible. In such a case(s), the standard should be met to the extent possible or a suitable alternative found as approved by the Declarant or its designee. 2. The landscaping of a site and even the fencing and building structures on the site should be so arranged as to attractively screen from the general view ofthe traveling public those areas on the site not enclosed within a building which are not inherently attractive, such as auto parking areas, truck parking areas, large paved areas, trash receptacles, building related mechanical equipment, and above-ground utility facilities. 3. In most cases the use of one or two building materials, or colors or textures is sufficient to establish the visual character of a building. In a limited number of cases the design of the building requires the use of several exterior materials, each of which, in turn, have differing textures and colors. In such cases care must be taken by the builder/developer to clearly identify the necessity for such diversion from the standards. The arrangement of like or similar structures on a site or on contiguous parcels at different elevations, different planes, or at different angles may visually change the appearance of the individual structure. Such arrangement should be carefully considered in the review of building plans. On the other hand, simply changing the facade color, texture or material on like or similar buildings may not be sufficient to change the overall exterior appearance. Dated this IÎ ~ay of ~rW1 J ,2004. 4. And: -~./;¡ ". Subscribedanaswòtb;t6 before me thi,.rr=:. day ~f ~ ::~nj , 2004. \ ~ ~ -~ .. !r ¡ ')'ro, . ,,'"þ dMcV Notàry Puo!i~, Stàte of~isc~ri~ I ~, My cq,mmission expires: ~ 2/93;8/95;1103;8/03;12/03 City of Oshkosh Universal Business Park Covenants Page 16