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discretion to accept or reject such request. My such request shall be <br />deemed rejected unless the Commission notifies the requesting Owner of <br />approval within such sixty (60) day period. <br />b. If the request is made of the Board, the Board shall review the request and <br />either reject the request in writing or submit the request to a vote at a <br />special meeting of the members of the Association. The Board's action <br />shall be taken within sixty (60) days of its receipt of the request. If the <br />Board fails to take action within said sixty (60) day period, the request is <br />deemed rejected. If the Board submits the request to a vote of the <br />Association members, the special meeting shall be held within ninety (90) <br />days of the Board's receipt of the request. The request will be approved <br />only upon a majority vote in favor of the approval. Any such request shall <br />be deemed rejected unless so approved within the ninety (90) day period <br />5 provided above. <br />3.6 Declarant Owned Lots. The restrictions contained in Sections 3.1 and 3.4 shall not apply <br />in any manner to Blackthom Lots owned by the Declarant. <br />ARTICLE IV <br />USE RESTRICTIONS <br />4.1 Prohibited Uses. Any use that, in the opinion of the Commission or the Committee, could <br />produce adverse effects upon Blackthom in terms of the health, safety or welfare of <br />Persons; or which may be harmful to the Improvements thereon; or which in the opinion of <br />the Committee does not agree with the intent of the development plan for Blackthom as <br />generally described in Article II hereof and in the Guidelines; is prohibited, including <br />without limitation, the following: <br />a. noxious, toxic, or corrosive fumes, gases, or discharges <br />b. smoke or offensive odors <br />c. ground conditions which will produce dust <br />d. noise and/or vibration <br />e. intense glare or heat <br />f. outdoor storage of any type <br />g. drive -up facilities of any type <br />h. convenience stores and gas stations, or any type of automotive service <br />establishment <br />free standing restaurants <br />Blacktlâ–șorn Corporate Center - Covenants & Restrictions 411193 <br />