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a rezoning of its Lot or a variance from or special exception to any <br />applicable zoning ordinances, except as provided in Section 3.5 below. <br />3.5 Exceptions to Section 3.1 or 3.4 Restrictions. An Owner may submit to <br />the Commission, or the Board when the Declarant owns less than five <br />percent (5 %) of Blackthorn, a request to subdivide the Owner's Lot or <br />otherwise modify, change or alter the Owner's Lot size, dimensions or <br />boundaries or to seek the rezoning of the Owner's Lot or a variance from <br />or special exception to any zoning requirements for the Owner's Lot. Any <br />such request shall be in writing and delivered to (a) the Commission, so <br />long as the declarant owns at least five percent (5 %) of the land area in <br />Blackthorn, or (b) if the Declarant no longer owns at least five percent <br />(5 %) of the land area in Blackthorn, the Board with notification to the <br />Commission <br />a. If the request is made to the Commission, the Commission and the <br />Board shall approve or reject such request within sixty (60) days of <br />Commission's Receipt of the request. The Commission shall have <br />the right in its sole and absolute discretion to accept or reject such <br />request. Any such request shall be deemed rejected unless the <br />Commission notifies the requesting Owner of approval within such <br />sixty (60) day period. <br />b. If the request is made of the Board, the Commission and the Board <br />shall review the request and either accept or reject the request in <br />writing or submit the request to a vote at a special meeting of the <br />members of the Association. The Board's action shall be taken <br />within sixty (60) days of its receipt of the request. If the Board fails <br />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 <br />ninety (90) days of the Board's receipt of the request. The request <br />will be approved only upon a majority vote in favor of the approval. <br />Any such request shall be deemed rejected unless so approved <br />within the ninety (90) day period provided above. <br />3.6 Declarant Owned Lots. The restrictions contained in Section 3.1 and 3.4 <br />shall not apply in any manner to Blackthorn Lots owned by the Declarant. <br />Blackthorn Corporate Park - Covenants & Restrictions 2123112 draft <br />