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j. adult uses, as defined by the South Bend Municipal Code as of the date of <br />• the of the adoption of these Covenants <br />4.2 Uses not specifically pe-mitted. Uses not specified as permitted are prohibited unless <br />approved by the Commission. <br />4.3 _ __ Limitations on Truck Traffic. Truck traffic in Blackthorn is limited to delivery service <br />required for normal, day to day operations. Trucks with more than three (3) axles or over <br />ten thousand (10,000) pounds gross vehigl weight (particularly semi-trailer trucks) are <br />prohibited from general business activity in Blackthorn. Uses which would require daily <br />use of such trucks are prohibited uses. <br />4.4 Perrnitted Uses. For the purposes of setting forth the permitted and prohibited uses of <br />Blackthorn, Declarant has divided the permitted uses into three use categories, <br />designated as (A) "Corporate Office", (B) "Support Office/Research", and (C) "General <br />Business:' <br />4.5 Use Designation. The Commission will designate the use of each platted Lot in <br />Blackthorn according to the use map illustrated in Exhibit "B:' No Owner may change the <br />designated use of a Blackthorn Lot or establish or suffer a prohibited use on a Blackthorn <br />Lot, as defined in this Declaration. <br />4.6 Request for Re-designation. An Owner may submit to the Commission, or the Board <br />when the Declarant owns less then five percent (5%) of Blaccthom, a request to re- <br />designatethe use of the Ownet's Lot or otherwise mod'rfy, change or adjust the <br />established or existing use of the Lot. Any such request shall be m writing and delivered <br />to (a) the Commission, so long as the Declarant owns at least five percent (5%) of the <br />land area in Blackthorn, or (b) rf the Declarant no bnger owns at least five percent (5%) of <br />the land area in Blackthorn, the Board. <br />a. If the request is made to the Commission, the Commission shall approve <br />or reject such request within sixty (60} days of Commission's receipt of the <br />request. The Commission shall have the nght in its sole and absolute <br />discretion to accept or reject such request. Any such request shall be <br />deemed rejected unless the Commission not'rfies the requesting Owner of <br />approval within such s'~cty (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 beheld 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 />provided above. <br />4.7 D~~u es a e excluded fro mhe~ncga~ulatbn of the t t I gross floor area of albuilding ing <br />st <br />• ~ Blackthorn Corporate Center -Covenants & Restrictions 4/1/93 <br />