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a rezoning of its Lot or a variance from or special exception to any applicable zoning ordinances, except as provided in Section 3.5 below. 3.5 Exceptions to Section 3.1 or 3.4 Restrictions. An Owner may submit to v the Commission, or the Board when the Declarant owns less than five percent (5 %) of Blackthorn, a request to subdivide the Owner's Lot or otherwise modify, change or alter the Owner's Lot size, dimensions or boundaries or to seek the rezoning of the Owner's Lot or a variance from or special exception to any zoning requirements for the Owner's Lot. Any such request shall be in writing and delivered to (a) the Commission, so long as the declarant owns at least five percent (5 %) of the land area in Blackthorn, or (b) if the Declarant no longer owns at least five percent (5 %) of the land area in Blackthorn, the Board with notification to the Commission a. If the request is made to the Commission, the Commission and the Board shall approve or reject such request within sixty (60) days of Commission's Receipt of the request. The Commission shall have the right in its sole and absolute discretion to accept or reject such request. Any such request shall be deemed rejected unless the Commission notifies the requesting Owner of approval within such sixty (60) day period. b. If the request is made of the Board, the Commission and the Board shall review the request and either accept or reject the request in writing or submit the request to a vote at a special meeting of the members of the Association. The Board's action shall be taken within sixty (60) days of its receipt of the request. If the Board fails to take action within said sixty (60) day period, the request is deemed rejected. If the Board submits the request to a vote of the Association members, the special meeting shall be held within ninety (90) days of the Board's receipt of the request. The request will be approved only upon a majority vote in favor of the approval. Any such request shall be deemed rejected unless so approved within the ninety (90) day period provided above. 3.6 Declarant Owned Lots. The restrictions contained in Section 3.1 and 3.4 shall not apply in any manner to Blackthorn Lots owned by the Declarant. Blackthorn Corporate Park - Covenants & Restrictions Updated 3127112