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3. Land Use, Permitted Uses

3.1.Determination of Land Use Classification.  The Master Condominium Declaration and applicable Sub-Condominium Declaration determine the Land Use Classification intended for each Private Unit or Sub-Condominium Unit in the Master Condominium. Should any Administrator, the Design Review Committee, any Owner, or any prospective Owner wish to change an existing Land Use Classification or establish another Land Use Classification that is permitted by Law, the party desiring the change must obtain the approval of both the Master Condominium Assembly and the Sub-Condominium Assembly, with the approval of 75% of the Undivided Interest Percentage with rights to vote. The party desiring the change or addition must make arrangements to complete and pay for the amendment of both the Master Condominium Declaration and the affected Sub-Condominium Declaration.

3.2.Classifications.  Land Use Classifications for Private Units and Sub-Condominium Units within the Master Condominium are:

(a)       Residential.  This classification applies to any Private Unit or Sub-Condominium Unit designed and intended for housing, including the rental of such premises to third parties for housing.Other than permitted rental activities, Residential Use units may not be used for commercial or business purposes except when such activities (i) are not Visible from Neighboring Property or detectable by sound or smell from outside the Private Unit or Sub-CondominiumUnit, (ii) do not involve individuals who do not reside in the Private Unit or Sub-Condominium Unit coming onto the premises in connection with such activities,and (iii) are not a nuisance,hazardous, offensive, or a threat to the security or safety of other Owners or Occupants.

(b)        Commercial.  This classification applies to any Private Unit or Sub-Condominium Unit designed and intended for commercial or business use, including but not limited to services, office,hotel, hospitality, recreational, and storage.

(c)        Mixed.  A Private Unit or Sub-Condominium Unit tha thas been designated for two or more uses.

3.3 Occupancy and Use; Special Use Permits.

(a)        Occupancy and Use.  The Master Condominium Assembly has the authority to determine the use and reasonable maximum occupancy permitted by the applicable Land Use Classification of Private Units or Sub-Condominium Units, which must be set forth in the Administrators Rules. In making such determinations, the Master Condominium Assembly must consider the size of such units, the number of rooms, the character of the neighborhoods in which such units are located, the effect on existing infrastructure, the use of common areas and services, and other reasonable factors. Any proposed change to the use or occupancy permitted in any unit or land use classification requires the approval of the Master Condominium Assembly, and, in the event such proposed change involves physical modification to the interior or exterior of a unit, the approval of the Design Review Committee in accordance with the Design Review Guidelines.

(b)        Special Use Permits.  The Master Condominium Assembly may approve and issue special use permits not specifically authorized by the applicable Land Use Classification of a given Private Unit or Sub-Condominium Unit.  In making such determinations, the Master Condominium Assembly must consider the wishes of the Owner of the unit, the opinions of affected neighbors, the character of the neighborhood, the effect of such occupancy on existing infrastructure, and other appropriate factors, including whether a special impact fee should be assessed as a condition of granting such permits.Special use permits are not transferrable to a subsequent owner upon sale or transfer of the Unit or Sub-Condominium Unit, without the prior approval of the Master Condominium Assembly. Special use permits are subject to revocation by the Master Condominium Assembly in the event of non-compliance with the Master Rules, the Master Condominium Declarations, the Administrators Rules, the Design Guidelines, any other applicable rule, regulation, standard, resolution, or guideline issued by the Master Condominium Assembly, any term or condition established by the special use permit, or the Law.