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4.3 Limitations on Truck Traffic. Truck Traffic in Blackthorn is limited to delivery <br />service required for normal, day to day operations. Trucks with more than <br />three (3) axles or over ten thousand (10,000) pounds gross vehicle weight <br />(particularly semi-trailer trucks) are prohibited from general business activity in <br />Blackthorn. Uses which would require daily use of such trucks are prohibited <br />uses <br />4.4 Permitted Uses. For the purposes of setting for the permitted and prohibited <br />uses of Blackthorn, Declarant has divided the permitted uses into four use <br />categories designed as (A) "Corporate Office", (B) "Support Office/Research", <br />and (C) "General Business", and (D) "Hotel." (Amended 2/18/94 -Doc. # <br />9410875 & Doc. # 9408339) <br />4.5 Use Designation. The Commission will designate the use of each platted Lot <br />in Blackthorn according to the use map illustrated in Exhibit "B." No Owner <br />may change the designated use of a Blackthorn Lot or establish or suffer a <br />prohibited use on a Blackthorn Lot, as defined in this Declaration. <br />4.6 Request for Re-designation. An Owner may submit to the Commission, or the <br />Board when the Declarant owns less than five percent (5%) of Blackthorn, a <br />request to re-designate the use of the Owner's Lot or otherwise modify, <br />change or adjust the established or existing use of the Lot. Any such request <br />shall be in writing and delivered to (a) the Commission, with notification to the <br />Board so long as the Declarant owns at least five percent (5%) of the land <br />area in 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 the <br />right in its sole and absolute discretion to accept or reject such request. <br />Any such request shall be deemed rejected unless the Commission <br />notifies the requesting Owner of approval within such (60) day period. <br />b. If the request is made of the Board, the Board and the Commission <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 within <br />sixty (60) days of its receipt of the request. If the Board fails to take <br />action within said sixty (60) day period, the request is deemed rejected. <br />If the Board submits the request to a vote of the Association members, <br />the special meeting shall be held within ninety (90) days of the Board's <br />receipt of the request. The request will be approved only upon a <br />majority vote in favor of the approval. Any such request shall be <br />deemed rejected unless so approved within the ninety (90) day period <br />provided above. <br />Covenants and Restrictions 5130/01 <br />7 Blackthorn Corporate Park <br />