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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING LOTS OR PARCELS. Any lots or parcels which have a common boundary line.
ACCESSORY BUILDING. A building which is used in relation to an accessory use.
APARTMENT BUILDING. A building with three or more dwelling units attached both horizontally and vertically.
APARTMENT, WALK-UP. A multiple-family dwelling whose upper floors are accessible only by stairs.
BOARDING HOUSE. A building within which rooms are rented and meals are provided to two or more persons not members of the owner’s or lessee’s family.
BUILDING. Any structure erected for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind.
BUSINESS. Any establishment, occupation, employment or enterprise wherein merchandise is manufactured, exhibited or sold, or where services are offered for compensation.
CONDITIONAL USE. A use, that because of special control problems the use presents, requires effectuation of reasonable, but special, unusual and extraordinary limitations or conditions peculiar to the use for the protection of the public welfare and the integrity of the City Land Use Plan.
CONDITIONAL USE PERMIT. A permit specially and individually granted by the Council upon written application and after formal review thereon by the Planning Commission for any conditional use so permitted in any use district.
DRIVE-IN ESTABLISHMENT. A commercial enterprise that customarily offers goods, services or entertainment to clientele within automobiles (example: automobile service stations, drive-in restaurants, outdoor theaters and car washes, but not drive-in cleaners where the customer must leave his or her automobile to pick up or deliver goods).
DWELLING. A building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including one-family dwellings, two-family dwellings and multiple- family dwellings, but not including hotels, motels, commercial boarding or rooming houses, tourist homes and trailers.
DWELLING, MULTIPLE-FAMILY (APARTMENT AND FLAT). A residential building, or portion thereof, containing three or more dwelling units.
DWELLING, ONE-FAMILY. A residential building containing one dwelling unit.
DWELLING, TWO-FAMILY (DUPLEX). A residential building containing two dwelling units.
EFFICIENCY UNITS. A dwelling unit with one primary room which doubles as a living room (in its ordinary sense) and a bedroom and may, in addition, serve for other residential uses.
ESTABLISHMENT. Any of the following definitions shall apply:
(1) A distinct business entity situated in a single building;
(2) A distinct business entity located in a structure attached to other similar structures by common walls and ceilings or floors, or attached by means of an enclosed arcade; or
(3) A distinct business entity contained within a single structure and not separated by walls or other physical barriers, but made distinct due to its existence as a single lease space and operation by separate entrepreneurs, or by its singularity of purpose (such as clothing sales, furniture sales and so on) carried on by a single or separate proprietor.
FLOOR AREA, GROSS. The sum of the horizontal areas of the several floors of a building or buildings, measured from the exterior faces of the exterior walls or from the centerline of party walls separating two buildings.
(1) In particular,
GROSS FLOOR AREAS shall include:
(a) Basement space, if at least 50% of its story height is above the average level of the finished grade;
(b) Elevator shafts and stairwells at each floor;
(c) Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half feet, except equipment, open or enclosed, located on the roof, i.e., bulkheads, water tanks and cooling towers;
(d) Attic floor space where the structural headroom exceeds seven and one-half feet;
(e) Interior balconies and mezzanines, where the structural headroom exceeds seven and one-half feet;
(f) Enclosed porches, but not terraces and breezeways; and
(g) Accessory uses other than floor space devoted exclusively to accessory off-street parking or loading.
(2) But shall not include the following: garages, open porches and open patios.
FLOOR/AREA RATIO. The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which the building is located.
GARAGE, PRIVATE. An accessory building or an accessory portion of the dwelling building intended for or used to store private passenger vehicles of the families resident upon the premises and in which no business, service or industry connected directly or indirectly with automotive vehicles may be carried on.
GREEN STRIP. An area containing only vegetation such as grass, trees, flowers, hedges and other related landscaping materials, and maintained expressly for that purpose.
HOTEL. A building which provides a common entrance, lobby and stairways, and in which lodging is commonly offered with or without meals for periods of less than a week.
LOADING SPACE. A space accessible from a street, alley or way in a building or a lot for the use of motor vehicles while loading or unloading merchandise or materials.
LOT. A parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description, as on a subdivision of record or survey map, or by metes and bounds, for the purpose of sale or lease or separate use thereof.
LOT AREA. The area of a horizontal plane bounded by the front, side and rear lot lines.
LOT, CORNER. A lot at the junction of and abutting on two or more intersecting streets.
LOT, DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINE. A property boundary line of any lot held in a single or separate ownership.
LOT LINE, FRONT. The boundary of a lot which is along an existing or dedicated street. In the case of corner lots, the Zoning Official shall determine, but only for the purpose of this chapter, which lot line or lines shall be considered front lot lines; this determination shall not be construed as stating in which direction buildings shall face. In general, the narrower of the lines abutting streets shall be the front line for the above stated purpose.
LOT LINE, REAR. The boundary of a lot line which is most distant from and is approximately parallel to the front line.
LOT LINE, SIDE. Any boundary of a lot which is not a front or rear lot line.
LOT WIDTH. The horizontal distance between the side lot lines of a lot measured at the front yard setback line.
PUBLIC TRANSPORTATION TERMINAL. A point of assembly or disassembly of people arriving or departing by means of public transportation.
REST HOME (NURSING HOME). A private home for the care of children, of the aged or infirm or a place of rest for those suffering bodily disorders. The terms NURSING HOME and REST HOME shall include NURSING HOMES, BOARDING CARE HOMES and CHILD CARE INSTITUTIONS, licensed and regulated by the State Commissioner of Public Welfare, but shall not include maternity care homes or hospitals which are so regulated.
RETAIL SALE. A transfer of title or possession of personal property to a purchaser for a price.
RIGHT-OF-WAY. The property within the boundary of a street or highway easement, or the property owned by a governmental body for roadway purposes; generally the RIGHT-OF-WAY line is coincident with the property line of abutting property, and is the line generally used in calculating setbacks.
SERVICE STATION (GAS OR FILLING STATION). Any building or premises used for dispensing, sale or offering for sale at retail any automotive fuels or oils, and where battery, tire and other similar services may be rendered. When the dispensing, sale or offering for sale of any fuels or oils is incidental to the conduct of a public repair garage, the premises shall be classified as a public repair garage.
SETBACK. The minimum horizontal distance from a building, hedge, fence, wall or structure to the street or lot line.
SIGN. Any message-bearing device for visual communication that is used primarily for the purpose of bringing the subject thereof to the attention of the public, including any banner, pennant, valance or similar display.
STORY. Each of the stages, separated by floors, one above another, of which a building consists.
STREET. A public right-of-way for roadway purposes.
STREET LINE. The common boundary of the street right-of-way and abutting property.
STRUCTURAL ALTERATIONS. Any change, other than incidental repairs, in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders or any substantial changes in the roof or exterior walls.
TOWNHOUSE/GARDEN APARTMENT. Three or more dwelling units horizontally attached in a linear or cluster arrangement, with the separate dwelling units within the building separated from each other by a wall or walls extending from foundation to roof. Characteristic features of TOWNHOUSES or GARDEN APARTMENTS are their private entrances and small private yards for outdoor living. A TOWNHOUSE or GARDEN APARTMENT development includes at least one large common area of open space for aesthetic or recreational purposes.
USED CAR LOT. Any land used or occupied for the purpose of buying and selling second-hand passenger cars and/or trucks.
VENDING MACHINE. Any self-service device which, upon insertion of a coin, coins or tokens, or by other similar means, dispenses unit servings of food or other goods, either in bulk or in packages without the necessity of replenishing the device between each vending operation.
YARD. An open space which is unoccupied and unobstructed, except as otherwise permitted by this chapter. A YARD extends along a lot line and at right angles to the lot line to a depth or width specified in the YARD regulations for the district in which the lot is located.
YARD, FRONT. A yard extending along the full width of the front lot line between the side lot lines.
YARD, REAR. A yard extending along the full width of the rear lot line between the two side lot lines.
YARD, SIDE. A yard extending along the side lot line between the front and rear lot lines.
(1989 Code, § 11.02) (Ord. 129, eff. 4-24-1976; Ord. 14, 2nd Ser., eff. 12-9-1994)
Except as provided for in § 153.004, no building or premises may hereafter be used or occupied within a given land use district unless it is a permitted use in that district.
(1989 Code, § 11.03)
Unless specifically provided otherwise herein, the lawful use of any land or building existing on the effective date of this chapter may be continued even if the use does not conform to the regulations of this chapter, provided:
(A) No nonconforming use of land shall be enlarged or increased or occupy a greater area of land than that occupied by the use on the effective date of this chapter;
(B) The nonconforming use shall not be moved to any other part of the parcel of land upon which the same was conducted on the effective date of this chapter;
(C) A nonconforming use of a building existing on the effective date of this chapter may be extended throughout the building, provided no structural alterations except those required by this chapter, law or other regulation are made therein;
(D) If a nonconforming use occupies a building and ceases for a continuous period of two years, any subsequent use of the building shall be in conformity to the use regulation specified by this chapter for the district in which the building is located;
(E) Any nonconforming use shall not be continued following 60% destruction of the building in which it was conducted by fire, wind, earthquake or explosion, according to the estimate of a qualified Building Inspector and as approved by the Council; and
(F) Upon the effective date of this chapter, where there is a nonconforming use of land on a parcel with no structure or where there is a nonconforming use of land (such as storage of equipment and supplies), on which there is a conforming structure, the use shall be terminated within two years following the effective date of this chapter.
(1989 Code, § 11.04)
The following rules shall govern applications for amendments to the zoning provisions hereinafter referred to as “rezoning applications.”
(A) Procedures.
(1) A rezoning application may be initiated by the Council, the Planning Commission or by the owner of the subject property. The application shall be referred to the Planning Commission for public hearing, study and report and may not be acted upon by the Council until it has received the recommendation of the Commission, or until 90 days have elapsed from the date of referral of the application without a report by the Planning Commission. The date of referral is defined as the date of the public hearing.
(2) The applicant or his or her authorized agent shall fill out and submit to the Secretary of the Planning Commission a planning and zoning application, copies of which are available at the city offices, together with a fee of $150. The application shall be filed with the Secretary of the Planning Commission at least 14 days before the date of the public hearing.
(3) The Secretary of the Planning Commission shall refer the matter to the Planning Commission by placing the application upon the agenda of the Commission’s next regular meeting; provided, however, that the Secretary may, with the approval of the Chairperson of the Commission, place the application on the agenda for a special meeting of the Planning Commission.
(4) Not less than ten days before the date of the hearing, the Secretary of the Planning Commission shall mail notice of the hearing to the applicant and to the property owners within 350 feet (including streets) of the subject property. The failure of the owner or occupant to receive the notice shall not invalidate the proceedings hereunder.
(5) Not less than ten days prior to the date of the hearing, the Secretary shall publish a notice of hearing in the official newspaper.
(6) The Planning Commission shall report its recommendations to the Council not later than 60 days following the date of referral to the Commission.
(7) The application and recommendation of the Planning Commission shall be placed on the agenda of the Council within 30 days following the recommendation of the Planning Commission, or in the event the Commission has failed to make a recommendation within 90 days of the date of referral to the Commission.
(8) The Council shall make a final determination of the application within 60 days of the recommendation of the Planning Commission or in the event the Commission has failed to make any recommendation, within 120 days of the date of referral to the Commission.
(9) The Secretary of the Planning Commission, following the Commission’s action upon the application, and the City Administrator/Clerk-Treasurer, following the Council’s action upon the application, shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application.
(10) The applicant or his or her agent shall appear at each meeting of the Commission and of the Council during which the application is considered. Furthermore, each applicant shall provide for the Commission or the Council, as the case may be, the maps, drawings, plans, records or other information requested by the Commission or the Council for the purpose of assisting the determination of the application.
(B) Review of rezoning. Where property within the city has been rezoned for a less restrictive land use upon petition of the owner or his or her agent pursuant to the provisions of this chapter, and where no structural work thereon has commenced within two years of the date of the rezoning action by the Council, the Planning Commission may review the zoning classification of the property in the light of the Comprehensive Plan and make appropriate recommendations to the Council, which may include the recommendation that the subject property be rezoned to permit a more restrictive use in conformance with the provisions of the Comprehensive Plan.
(1989 Code, § 11.12) (Amended by City Council 8-16-2022)
(A) Generally. It is declared to be the policy of the city to preserve and promote an attractive, stable residential and business environment for its citizens through encouraging well conceived, high quality developments. To this end, imaginative architectural concepts shall be employed in the design of buildings and in the development of respective sites. In this regard, every person, before commencing the construction or major alteration of a structure, except single-family detached dwellings and buildings accessory thereto, shall make application for the plan approval from the Council. The following rules shall govern applications for plan approval.
(B) Procedures.
(1) A plan approval application shall be initiated by the owner of the subject property or by his or her authorized agent. The applicant shall fill out and submit to the Secretary of the Planning Commission a planning and zoning application, copies of which are available at the city offices, together with a fee of $100. The application shall be filed with the Secretary of the Planning Commission at least 14 days prior to the next regular meeting of the Planning Commission.
(2) The Secretary of the Planning Commission shall refer the matter to the Planning Commission by placing the application upon the agenda of the Commission’s next regular meeting; provided, however, that the Secretary may, with the approval of the Chairperson of the Commission, place the application on the agenda for a special meeting of the Planning Commission.
(3) The Planning Commission shall report its recommendations to the Council not later than 60 days following the date of referral to the Commission. The
DATE OF REFERRAL is defined as the date upon which the application is first considered by the Planning Commission.
(4) The application and recommendation of the Commission shall be placed on the agenda of the Council within 30 days following the recommendation of the Planning Commission, or in the event the Commission has failed to make a recommendation, within 90 days of the date of referral to the Commission.
(5) The Council shall make a final determination of the application within 60 days of the recommendation of the Planning Commission, or in the event the Commission has failed to make any recommendation, within 120 days of the date of referral to the Commission.
(6) The applicant or his or her agent shall appear at each meeting of the Commission and the Council to answer questions regarding the maps, drawings, plans and to furnish any information as may be required.
(7) The Secretary of the Planning Commission, following the Commission’s action upon the application, and the City Administrator/Clerk-Treasurer, following the Council’s action upon the application, shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application.
(C) Required documents. Concurrent with filing application for plan approval, the applicant shall submit, as required, to the Secretary of the Planning Commission the following documents and information:
(1) A survey drawing by a registered engineer or land surveyor showing pertinent existing conditions, accurately dimensioned; and
(2) A complete set of preliminary drawings prepared by an architect, landscape architect, engineer or planner showing:
(a) An accurately scaled and dimensioned site plan indicating parking layout including access provisions, designation of locations of possible accessory buildings, landscaping, including trees and shrubbery with indication of species, planting, size and location;
(b) Fences or walls or other screening, including height and type of material;
(c) Lighting provisions, type and location;
(d) Curbs;
(e) Building elevations, sections and outline specifications, including materials proposed; and
(f) Existing and proposed land elevations, drainage provisions, and utility provisions as may be required.
(D) Conditions and restrictions. The Planning Commission may recommend and the Council may impose any conditions and restrictions as deemed necessary to protect the public interest and to secure compliance with the requirements of this chapter. The conditions may include the execution and submission of a performance agreement with a supporting financial guarantee that the subject property will be constructed, developed and maintained in conformance with the plans, specifications and standards.
(1989 Code, § 11.13)
(A) Generally. In instances where the strict enforcement of the literal provisions of this chapter would cause undue hardship because of circumstances unique and distinctive to an individual property under consideration, the Council, sitting as a Board of Adjustments and Appeals, shall have the power to grant variances, in keeping with the spirit and intent of this chapter. The provisions of this chapter, considered in conjunction with the unique and distinctive circumstances affecting the property must be the proximate cause of the hardship; circumstances caused by the property owner or his or her predecessor in title shall not constitute sufficient justification to grant a variance. The following rules shall govern applications for a variance from the strict requirements of this chapter.
(B) Procedures.
(1) A variance application shall be initiated by the owner of the subject property or his or her authorized agent. The application shall be referred to the Planning Commission for public hearing, study and report and may not be acted upon by the Council until it has received the recommendation of the Planning Commission, or until 90 days have elapsed from the date of referral of the application without a report by the Planning Commission. The
DATE OF REFERRAL is defined as the date of the public hearing.
(2) The applicant shall fill out and submit to the Secretary of the Planning Commission a planning and zoning application, copies of which are available at the city offices, together with a fee as set by resolution of the City Council. The application shall be filed with the Secretary of the Planning Commission at least 14 days before the date of the public hearing.
(3) The Secretary of the Planning Commission shall refer the matter to the Planning Commission by placing the application upon the agenda of the Planning Commission’s next regular meeting; provided, however, that the Secretary may, with the approval of the Chairperson of the Planning Commission, place the application on the agenda for a special meeting of the Planning Commission.
(4) Not less than ten days before the date of the hearing, the Secretary of the Planning Commission shall mail notice of the hearing to the applicant and to the property owners or occupants within 350 feet (including streets) of the subject property. The failure of the owner or occupant to receive the notice shall not invalidate the proceedings hereunder.
(5) The Planning Commission shall report its recommendations to the Council not later than 60 days following the date of referral to the Planning Commission.
(6) The application and recommendation of the Planning Commission shall be placed on the agenda of the Council within 30 days following the recommendation of the Planning Commission, or in the event the Planning Commission has failed to make a recommendation, within 90 days of the date of referral to the Planning Commission.
(7) The Council shall make a final determination of the application within 60 days of the recommendation by the Planning Commission, or in the event the Planning Commission has failed to make any recommendation, within 120 days of the date of referral to the Planning Commission.
(8) The applicant or his or her agent shall appear at each meeting of the Planning Commission and of the Council during which the application is considered. Furthermore, each applicant shall provide for the Planning Commission or the Council, as the case may be, the maps, drawings, plans, records or other information requested by the Planning Commission or the Council for the purpose of assisting the determination of the application.
(9) The Secretary of the Planning Commission, following the Planning Commission’s action upon the application, and the City Administrator/Clerk-Treasurer, following the Council’s action upon the application, shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application.
(C) Standards for variances. The Planning Commission may recommend and the Council, sitting as a Board of Adjustments and Appeals, may grant variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. However, the Planning Commission shall not recommend and the Council shall in no case permit as a variance any use that is not permitted under this chapter in the district where the affected person’s land is located. A variance may be granted by the Council after demonstration by evidence that all of the following qualifications are met.
(1) Because of the particular physical surroundings, shape or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.
(2) The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification.
(3) The alleged hardship is related to the requirements of this chapter and has not been created by any persons presently or formerly having an interest in the parcel of land.
(4) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located.
(D) Conditions and restrictions. The Planning Commission may recommend and the Council, sitting as a Board of Adjustments and Appeals, may impose conditions and restrictions in the granting of variances so as to ensure compliance with the provisions of this chapter and with the spirit and intent of the Comprehensive Plan and to protect adjacent properties.
(1989 Code, § 11.14) (Ord. 67, passed 11-6-2013)
(A) Appeal matters. The Planning Commission shall hear and recommend and the Council, sitting as a Board of Adjustments and Appeals, shall make a final determination in the following appeal matters:
(1) Appeals from the denial of a building permit made pursuant to the adoption of an official map as provided for in state law; and
(2) Appeals from an order, requirement or determination made by an administrative officer in the enforcement of the zoning chapter, where it is alleged that some error in interpretation or judgment exists as provided for in M.S. § 462.367, Subdivision 6(1).
(B) Procedures.
(1) A written appeal stating the position of the appellant shall be filed with the Secretary of the Planning Commission at least 14 days prior to the next regular meeting of the Council, sitting as a Board of Adjustments and Appeals.
(2) The Secretary shall refer the matter to the Planning Commission by placing the application upon the agenda of the Planning Commission’s next regular meeting.
(3) The Planning Commission shall report its recommendations to the Council not later than 30 days following the date of referral to the Planning Commission.
(4) The application and recommendation of the Planning Commission shall be placed on the agenda of the Council within 30 days following the recommendation of the Planning Commission, or in the event the Planning Commission has failed to make a recommendation, within 60 days of the date of referral to the Planning Commission.
(5) The Council shall make a final determination of the application within 30 days of the recommendation of the Planning Commission, or in the event the Planning Commission has failed to make any recommendation, within 90 days of the date of referral to the Planning Commission.
(6) The Secretary of the Planning Commission following the Planning Commission’s action upon the application, and the City Administrator/Clerk-Treasurer, following the Council’s action upon the application, shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application.
(1989 Code, § 11.15) (Ord. 129, eff. 4-24-1976)
(A) Permit fees. Any applications for a permit to construct or renovate a dwelling, business, or property that is submitted by any business or owner of any property or resident of a dwelling, or other person in control of any premises shall be accompanied by the required fee, with said fee to be set by resolution of the City Council.
(B) Construction permits required.
(1) A zoning permit is required for any construction that physically changes or adds structures to the property, or for work regulated by Minnesota State Building Code such as:
(a) New building. Examples include but are not limited to: dwellings, garages, detached storage sheds, carports, pole barns, commercial buildings, manufactured housing, or mobile homes.
(b) Additions. Examples include but are not limited to: buildings, swimming pools, decks, retaining walls, and fences.
(2) An improvement permit is required for any construction that is cosmetic alterations and/or repairs to the existing features of the property:
(a) Alterations. Beyond cosmetic, examples include but are not limited to: converting a garage to a family room, re-roofing, dry-walling, insulating, finishing a basement, window replacement, and re-siding.
(b) Repairs. Any repair involving structural members.
(C) Collection of building permit fees.
(1) For the purpose of this section:
(a) The act by the city of granting an application for a zoning and/or an improvement permit, and the subsequent issuance of the permit, are deemed improvements to real estate; and
(b) The act by the owner of real estate of employing or entering into an agreement with a contractor or other person for construction, requiring a building permit, shall be deemed an appointment of such contractor or other person as the agent of such owner for the purpose of applying for such permit and incurring fees therefor, and the owner and the agent shall be jointly and severally liable for payment thereof.
(2) Any business or owner of any property or resident of a dwelling, or other person in control of any premises who begins construction and/or repair that requires either a zoning permit or an improvement permit without first securing said permit shall be in violation of this subchapter.
(3) Notice of violation of this subchapter shall be prepared by the city and mailed to the owner. Any property or resident of a dwelling, or other person in control of any premises who fails to submit an application for the permits required by division (B) of this section prior to beginning construction shall be assessed the permit fee at two times the regular rate.
(4) If such fee remains unpaid for a period of more than 30 days after mailing, the city may collect the same in a civil action or, in the alternative and at the option of the city, as otherwise provided in this section.
(5) Each such account is hereby made a lien upon the premises improved. All such accounts which are more than 45 days past due may, when authorized by resolution of the Commission, be certified by the City Clerk to the County Auditor, and the City Clerk in so certifying shall specify the amount thereof, the description of the premises improved, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes, and collected by the County Treasurer, and paid to the city along with other taxes.
(6) Any person who violates, neglects or refuses to comply with, assists, or participates in any way in the violation of any provisions or requirements of this section is guilty of a misdemeanor and for each such violation is subject to the maximum penalty prescribed by state law for a misdemeanor. Each day such violation continues shall constitute a separate offense.
(Ord. 77, passed 12-1-2015; Ord. 103, passed - -)
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