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<br /> <br /> <br />17 NELSON MULLINS RILEY & SCARBOROUGH LLP <br /> For informational purposes only. Past success does not indicate the likelihood of success in any future legal representation. <br /> <br />B. Prohibited Uses Generally. <br /> <br />1. Limitations on Secondary Gas/Convenience Store and EDEE (eating, drinking entertainment <br />establishments) with Drive-Through Facility Uses. Except for the uses allowed for Development Area 1 <br />(including without limitation retail sales to include among other uses, the sale of gas and related products <br />and services and quick service EDEE uses), no gas station nor convenience store/gasoline sales uses and <br />will be allowed on the Property, and no restaurants with drive-thru window facility will be allowed on the <br />Property; provided, however that, given the COVID move toward take-out food service, provision of a take- <br />out window will be permitted. For the purposes of this provision, the term “gasoline sales” shall include <br />petroleum, ethanol, diesel or other motor vehicle fuels. <br /> <br />2. Prohibition of Other MPD-CZ Uses. In addition, certain other principal uses are permitted under <br />the MPD-CZ district, but which are not allowed for the purposes of the Project in accordance with Section <br />5.2 of the Table of Permitted Uses of the County’s UDO: <br /> <br />a. Manufacturing, Assembly, Processing and Distribution Uses- Food Uses- the following <br />uses only are prohibited; <br /> <br /> i. Animal Feed Preparation, Manufacturing, Packaging, and Distribution; <br /> ii. Animal Slaughtering and Processing, Packaging and Distribution; <br /> iii. Seafood Preparation, Packaging and Distribution; <br /> iv. Starch, Vegetable Fats and Oils Manufacturing; and <br /> v. Tobacco Processing, Preparation, Packaging and Distribution. <br /> <br />b. Manufacturing, Assembly, Processing and Distribution Uses-Other Uses, all uses except <br />Research Facility with Manufacturing are prohibited. <br /> <br /> c. Medical Uses- the following uses only are prohibited: <br />i. Hospital; and; <br />ii. Veterinary Hospital. <br /> <br /> d. Office and Financial Services Uses- the following uses only are prohibited: <br /> i. Building/Trade contractor offices with external equipment storage; and <br /> ii. Pawnshop/ payday loan services. <br /> <br />e. Automotive/Transportation Uses- all uses except Motor Vehicle Service Station (i.e., gas <br />station), and Bus/Rail Passenger Shelters land uses are prohibited.; <br /> <br />f. Service Uses- all uses except Eating and Drinking Establishments and Short-Term <br />Rental- Non-Host Occupied land uses are prohibited. For avoidance of doubt, a car wash <br />is permitted on Development Area 1. <br /> <br />C. Development Permitted by Development Area. <br /> <br />The project contains Development Areas 1-6, plus a preserved/dedicated open space area and a utility <br />tower parcel, all as shown on the Land Use Plan, Sheet C2.1. These Development Areas will be utilized <br />generally as shown below subject to the requirements of the Master Plan. Land uses may be reallocated <br />among Development Areas provided that limitations on the size of uses set forth herein are not exceeded, <br />and that the other requirements of the Master Plan and the UDO are met. <br /> <br /> <br /> <br /> <br />21