Permitted Uses

Tonaquint Business & Professional Office Park

The Tonaquint Center is regulated by use restrictions to maintain a high standard of efficiency, good design, and regulations, while staying flexable enough to promote innovation, improvement, and meeting the growing needs of professionals. To see if the center might fit your needs please review the Use Restrictions and Architectural Control policies below. Please contact the Center for any questions you may have.

Use Restriction

  1. Permitted Uses
  2. Permitted Principle Uses
  3. Permitted Secondary Uses
  4. Specifically Prohibited Uses
  5. Building Height Limitation
  6. Generally Prohibited Uses
  7. Outside Storage
  8. Waste Disposal
  9. Storm Drainage
  10. Excavation
  11. Solar Devices
  12. Utitlity Lines Underground
  13. Traffic & Parking Management Plan
  14. Zoning Variances
  15. Planning Documents
  16. Additional Use Restrictions

Architectural Control

  1. Appointment of Architectural Committee
  2. Compliance with Design Guidlines
  3. Approval of Plans Requires
  4. Change in Plans
  5. Submittal & Approval Procedures
  6. Construction of Improvements
  7. Installation of Landscaping
  8. Modification of Lighting
  9. No engineering Approval
  10. Waiver or Variance of Restrictions

Use Restriction

Section I—Permitted Uses:

Lots within the Project may be used for any of those uses and categories of uses, but only for those uses and categories of uses that are expressly permitted as either a Principal Use or a Secondary Use, and as more fully defined and identified in this Article.

Section II—Permitted Principle Uses:

The following principle uses are, as of the date of this Declaration, permitted uses.

  1. Computer and Software Development and Corporate offices, but shall not include manufacturing except as a secondary use.
  2. Professional, Business, and Administration Offices.
  3. Finance, Banking, Insurance, and Real Estate Services.
  4. Medical, Dental and Medical Services, but shall not include the sale, rental or leasing of medical equipment, except as a secondary use.
  5. Communications – including radio and television broadcasting (studios only), telephone company offices, recording and sound studios, motion picture studio.
  6. Customer Call Centers and Catalogue Sale Centers.
  7. Research Services – including laboratories, scientific, medical, chemical, applied physics, mechanical, electronic, biological, genetic or other similar experimental research, product development or testing facilities.
  8. Marketing, Telemarketing, and Advertising Services.
  9. Planned open space and recreation facilities such as parks, walking/bicycle trails, water features, tennis courts, athletic fields, or other similar uses.

-TOP-

Section III—Permitted Secondary Uses:

The following secondary uses which support or are accessory to the primary uses, are, as of the date this Declaration is recorded, permitted subject to the development and performance standards and conditions set forth therein. However, when located in the same building with another primary use, secondary uses presently may not occupy more than 49% of the total leasable floor space:

  1. Support and Maintenance Shops for the above uses.
  2. Food and drink concessions, services or eating establishments which are provided for the convenience of the occupants of the buildings including, but not limited to corporate lodging, restaurants, and retail uses incidental to and in support of the above permitted uses; provided that all exterior evidence of such accessory uses such as signs or display windows meet all design standards for all such exterior signage and display.
  3. Printing, photo copying, publishing and allied industries.
  4. Storage activities and warehouse facilities are permitted only as part of a primary use, and shall comprise less than 50% of the primary use floor space.
  5. Day Care Center.
  6. Off-street Parking and Parking Structures incident to the above building uses.
  7. Light Manufacturing uses shall include fabricating, processing, testing, assembling, packaging, and manufacture of products which have a high value in relation to bulk, from previously prepared materials, but not including uses involving primary production of wood, metal, petroleum, or chemical products from raw materials. Such operations shall not deal in large volumes of product handling, storage and distribution; nor shall such operations include on-site milling, forging, or heavy grinding of parts or similar manufacturing operations.

Section IV—Specifically Prohibited Uses:

The following uses are specifically prohibited. In addition, while the list of prohibited uses is not exhaustive, it is intended to be illustrative of the types of any additional uses which are not permitted:

  1. Terminals, including trucking and bus terminals, and other distribution facilities.
  2. Food processing operations except as incidental to permitted restaurant or cafeteria operations.
  3. Sand, gravel, and other extraction mining.
  4. Manufacturing and assembly operations except as otherwise provided.
  5. Repair establishments.
  6. Junk or salvage yards.
  7. Liquor Stores.
  8. Cabinet and carpenter shops.
  9. Plumbing or sheet metal shops.
  10. Petroleum storage, sales, processing or production.

-TOP-

Section V—Building Height Limitations:

No Building within the Project shall exceed two (2) stories or thirty-five (35) feet, whichever is lower.

Section VI—Generally Prohibited Uses:

Notwithstanding any other provision of this Declaration, no use or activity shall be established, maintained, conducted or permitted on any portion of the Project which will cause or result in any:

  1. Emission of smoke, fumes, odors, gases, vapors, steam, dust, sweepings, dirt, cinders or other particles or substances into the atmosphere which are detectable outside the boundaries of the Lot where created or which may be detrimental to the health, safety, welfare or comfort of any Owner or any other person, to the condition of any other portion of the Project, or to any vegetation within the Project;
  2. Discharge of fluids, gases, solid wastes or other harmful materials into any drainage canal or other waterway which may adversely affect the health, safety, welfare or comfort of any Owner or other person or the condition of any portion of the Project;
  3. Discharge of glare or heat, subsonic or ultrasonic sounds, or atomic, electromagnetic, microwave, ultra-violet, laser or other radiation which is detectable from any point exterior to the Lot upon which the operation is being conducted;
  4. Recurrent or continuous emission of sound or noise from any Lot which may be heard without instruments outside the boundaries of the Lot of origination;
  5. Recurrent or continuous ground vibrations perceptible without instruments at any point exterior to the Lot of origination;
  6. Physical hazard by reason of fire, radiation, explosion or other similar cause to either the Project or the surrounding area;
  7. Persisting unsightly condition on any Lot which is visible from any street or any other portion of the Project;
  8. Excessive risk of fire or explosion that increases the casualty insurance premiums for improvements on adjacent Lots; or
  9. Violation of any applicable statute, ordinance, rule, regulation, permit or other validly imposed requirement of any governmental body.

-TOP-

Section VII—Outside Storage:

No materials, supplies, equipment, finished or unfinished products or articles of any kind shall be stored or permitted to remain on any portion of the Project outside of a Building.

Section VIII—Waste Disposal:

No trash, garbage or waste material, including, but not limited to, scraps, grass, shrub or tree clippings, lumber, metals and plant waste, shall be kept, stored or allowed to accumulate on any portion of the Project except in an approved bin or contained within an enclosed structure appropriately screened from view. All trash, garbage and other waste materials shall be regularly removed from each Lot and the Project. Incineration of trash, garbage or waste materials on the Project is prohibited.

Section IX—Storm Drainage:

All storm drainage facilities on each Lot shall conform to the requirements of the master storm drainage system which Declarant has developed for the Project and to all applicable laws, ordinances and regulations of all governmental agencies and authorities having jurisdiction. Each Owner shall be required to provide drainage facilities which are adequate to retain on such Owner’s own Lot all storm water run-off from the Improvements on his Lot such that the maximum run-off from his Lot in a 25-year storm event will not exceed 0.20 cubic feet per second per acre. Each Owner shall maintain, repair, replace and keep free from debris and obstruction all drainage systems and facilities located on such Owner’s Lot. All parking, driveways and loading areas shall be paved and properly graded to assure proper drainage. The Architectural Committee may require, as part of the drainage plan for any Lot, that parking lots or other areas on a Lot be designed to provide storm water retention as provided in the Design Guidelines and the applicable laws, ordinances and regulations of all governmental agencies and authorities having jurisdiction.

Section X—Excavation:

No excavation shall be made except in connection with the construction of an Improvement, and upon completion thereof any exposed openings shall be backfilled and disturbed ground shall be graded, leveled and landscaped.

-TOP-

Section XI—Solar Devices:

Solar collectors and other solar energy devises are permitted. All exterior solar energy devices, including, but not limited to, solar panels, collectors and accessories, must be architecturally integrated into the building design, or, if free-standing, must be visually screened from both adjoining Lots and all streets by landscaping or other means acceptable to the Architectural Committee.

Section XII—Utility Lines Underground:

All utility lines, pipes and conduits within the Project shall be installed underground and no such utility lines, pipes or conduits or supporting apparatus shall be permitted above ground, except to the extent reasonably necessary to support such underground utilities.

Section XIII—Traffic & Parking Management Plan:

Owners shall encourage their respective tenants and employees to carpool and to use any available mass transportation in order to minimize traffic congestion, conserve energy and reduce parking congestion.

Section XIV—Zoning Variances:

No Owner of any Lot within the Project shall seek or obtain a zoning variance or a conditional use permit with regard to his Lot without the prior written approval of Declarant, nor shall any Owner request a rezoning of any portion of the Project without the prior written approval of Declarant.

Section XV—Planning Documents:

No subdivision plat or replat of all or any portion of the Project may be submitted to any governmental authorities or recorded unless such plat or replat has first been approved in writing by Declarant. No request for rezoning and no preliminary or final project plan (as those terms are defined in the City’s Zoning Ordinance) may be submitted to any governmental authorities for approval without the prior written approval of Declarant.

Section XVI—Additional Use Restrictions:

Individual Phases of the Project may be subject to such additional use restrictions and/or prohibitions as are set forth in any applicable Supplementary Declaration recorded with respect to such Phase.

-TOP-

Architectural Control

Section i—Appointment of Architectural Committee:

The Project shall have and at all times maintain an Architectural Committee composed of no less than three (3) or more than five (5) individuals who need not be Members. The Declarant shall initially have the right to appoint four (4) individuals to the Architectural Committee. The Declarant shall retain the right to appoint and remove, augment or replace four (4) members of the Architectural Committee so long as Declarant owns at least two (2) acres of land within the Project; provided, however, that Declarant may, at any time and at its sole option, transfer this right to the Board by written notice thereof. At such time as Declarant owns less than two (2) acres of land within the Project, the right to appoint, remove, augment or replace four (4) members of the Architectural Committee shall automatically transfer to the Board.

Section ii—Compliance with Design Guidelines:

All Improvements, including, without limitation, all Improvements constituting Common Facilities, shall be constructed in strict compliance with the requirements of this Declaration, any applicable Supplementary Declaration and the Design Guidelines as they exist at the time of approval of plans, as hereinafter set forth. The Design Guidelines, which are incorporated by reference in this Declaration, are intended as positive statements of design philosophy to be applied throughout the Project. The Design Guidelines regulate, among other things, the following matters:

  1. Architectural Design:
    1. Lot coverage;
    2. Material and colors;
    3. Identification signage;
    4. Exterior lighting; and
    5. Mechanical Equipment.

  2. Site Accessories:
    1. Utilities;
    2. Street entrances;
    3. Parking lots and loading areas;
    4. Signage;
    5. Security fencing; and
    6. Outdoor furniture and furnishings.

  3. Landscape Design:
    1. Plant materials;
    2. Design principles; and
    3. Maintenance guidelines.

  4. Storm Drainage:
    1. Master Plan; and
    2. Lot Drainage.

The Architectural Committee shall have the right to modify or supplement the Design Guidelines from time to time in its sole discretion; provided, however, that no modification to the Design Guidelines may result in a provision that contradicts or conflicts with any express provision of this Declaration or any applicable Supplementary Declaration or is contrary to the general intent or purposes of this Declaration or to the City’s Zoning Ordinance; and provided further, that once plans for an Improvement have been approved, subsequent changes in the Design Guidelines shall not affect such prior approval.

-TOP-

Section iii—Approval of Plans Required:

No Building or other Improvement shall be erected, placed, installed or permitted to occur or exist on any Lot, nor shall the exterior of any existing Improvements be altered, nor shall any construction be commenced on any Improvements, unless and until plans for such Building or other Improvements have been approved in writing by the Architectural Committee. The obligation to obtain the Architectural Committee’s approval of plans is limited to external features of Buildings and other Improvements, and work which is completely within a Building may be undertaken without such approval. The replacement of minor features of Improvements with substantially identical material or the replacement of plans used in landscaping with comparable plants shall also not require the prior approval of the Architectural Committee. The Architectural Committee shall exercise its judgment to see that all Buildings and other Improvements, including, without limitation, landscaping, within the Project are consistent with this Declaration, any applicable Supplementary Declaration and the Design Guidelines. The action of the Architectural Committee, through its written approval or disapproval of plans or other information, or with respect to any other matter, shall be conclusive and binding upon the Owner or other party who submitted the plans or other information for approval. All Improvements shall be constructed in accordance with the plans approved by the Architectural Committee.

Section iv—Change in Plans:

Change in Plans. No material change in any plans or other document required to be approved by the Architectural Committee shall be made unless and until the proposed change is submitted to and approved by the Architectural Committee.

Section v—Submittal & Approval Precdures:

An Owner or the Owner’s representative shall submit materials as required by the Design Guidelines in connection with the consideration of any plans, submittals or applications for approval of Improvements and shall pay such architectural review fees as may be established from time to time by the Architectural Committee in the Design Guidelines or otherwise. The Architectural Committee’s approval or disapproval of submitted plans shall be within the reasonable discretion of the Architectural Committee, but shall be based upon compliance with this Declaration, any applicable Supplementary Declaration, the factors set forth in the Design Guidelines and the harmony and compatibility of the submitted plans with other Improvements existing or contemplated within the Project. The Architectural Committee shall not arbitrarily withhold any approval. The Architectural Committee’s approval of plans shall be evidenced only by the signature of the Architectural Committee upon the plans so approved or by other written instruments signed by the Architectural Committee. The Architectural Committee may approve or disapprove any submittal, or grant approval, subject to specified conditions. The Architectural Committee shall, within the time periods provided for in the Design Guidelines, deliver written notice to the party seeking the approval stating that the approval is granted; that approval is granted subject to conditions and specifying the conditions, which must be consistent with this Declaration, any applicable Supplementary Declaration and the Design Guidelines; or that approval is denied and specifying the reasons for disapproval.. Upon disapproval, the party seeking approval may then modify and resubmit the necessary documents for approval. If the Architectural Committee fails either to approve or disapprove submitted documents, whether an initial submittal or resubmittal, within the time periods provided by the Design Guidelines, the Architectural Committee shall be conclusively deemed to have approved such documents; provided, however, that the lack of express approval shall not waive any express requirement of this Declaration, the applicable Supplementary Declaration or the Design Guidelines.

Section vi—Construction of Improvements:

Upon receipt of approval of plans from the Architectural Committee, the Owner to whom approval is given shall, as soon as reasonably practicable, satisfy all conditions thereof and diligently proceed with the commencement and completion of construction or alteration of all approved Improvements. Unless the work is commenced within six (6) months from the date of such approval, or the Owner applies for and obtains an extension of such time period from the Architectural Committee prior to the expiration of such time period, such approval shall automatically be revoked. For purposes of this Declaration, construction shall be deemed to have commenced on a Building if a building permit has been obtained and a foundation has been poured for the Building. For any other Improvement, construction shall be deemed to have commenced if required building permits have been obtained and any visible work on the Improvements in question has been started. All Improvements shall conform to the plans previously approved by the Architectural Committee. After commencement of construction on any improvement, the Owner shall diligently pursue the work thereon until completion, subject to reasonable delays for weather, fire, flood, strikes, acts of God and other causes beyond the Owner’s control.

Section vii—Installation of Landscaping:

All landscaping for a Lot shall be installed, according to the approved plans, as soon as reasonably practicable following substantial completion of the primary Building on the Lot, and in all events within not more than six (6) months following such substantial completion.

Section viii—Modification of Lighting:

Notwithstanding the Architectural Committee’s approval of plans for security or accent lighting, the Architectural Committee reserves the right to require an Owner to redirect, change the illumination level of or change the location of any such lighting which, upon installation, is found to have a tendency to annoy Owners or occupants of other Lots, passersby, or occupants of property adjacent to the Covered Parking.

Section ix—No Engineering Approval:

No Engineering Approval. Plans are not approved for engineering design, and by approving such plans neither the Architectural Committee, the members thereof, the Association, the Members, the Board nor Declarant assumes liability or responsibility therefor, or for any defect in any structure constructed from such plans.

Section x—Waiver or Variance of Restrictions:

To encourage good design, innovation and flexibility, the Architectural Committee may waive or grant a variance of any of the requirements or restrictions contained in the Design Guidelines, in this Article or in any applicable Supplementary Declaration with respect to any Lot, if, in the sole judgment in the Architectural Committee, such waiver or variance would be consistent with the general intent and purposes of this Declaration and would not adversely affect any other Lot or the Project as a whole. Subject always to the provisions of the foregoing sentence, variances may be approved, among other reasons, to correct errors in surveying of lot lines or unintentional mislocation of improvements on a Lot, or where the application of any of the provisions of this Declaration or the Design guidelines to a particular Lot or any portion thereof would, by reason of unusual circumstances or surroundings, result in undue hardship. Any Owner desiring a waiver or variance shall submit a written request to the Architectural Committee and shall provide all other information and material requested by the Architectural Committee. A waiver or variance may be granted only with the consent of the Architectural Committee and must be evidenced by a written instrument signed by the Architectural Committee. If the Architectural Committee fails to approve or disapprove in writing any request for a waiver or variance within thirty (30) days after receiving all requested information relating to the waiver or variance, the requested waiver or variance shall be deemed denied.

-TOP-