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(a) Permits and approvals. Any development within the planning and regulation jurisdiction of the City of Asheville and its area of extraterritorial jurisdiction may require one or more of the following permits and approvals in order to ensure that the development is consistent with the goals and purposes of this chapter and with the public health, safety, and general welfare. Permits and approvals include, but are not necessarily limited to, the following:
Zoning permits (section 7-5-2)
Temporary use permits (section 7-5-3)
Use by right, subject to special requirements, (section 7-5-4)
Special use approvals (section 7-5-5)
Manufactured housing rental community approval (section 7-5-7)
Subdivision plat approvals (section 7-5-8)
Site plan review (section 7-5-9)
Downtown design review (section 7-5-10)
Certificate of appropriateness approval (section 7-5-11)
Floodplain development (section 7-5-12)
Erosion and sedimentation control plans (section 7-5-13)
Stormwater permits (section 7-5-14)
Zoning vested rights approvals (section 7-5-15)
Sign permits (section 7-5-16)
Driveway access permits (section 7-5-17)
Riverfront design review (section 7-5-18)
Certificate of occupancy (section 7-5-19)
Procedures are set forth in this article for reviewing and granting of these permits and approvals.
Applications for all permits identified above may be made at the City of Asheville Development and Permitting Center, unless otherwise specified. All required permits may be applied for simultaneously at the development and permitting center and all required fees may be paid at this location. Development and permitting center staff shall process the application(s) and distribute the plans to the appropriate staff persons for review and approval. Staff of the development and permitting center serve as the primary contact for information regarding the approval status of the requested permits.
The review procedures described in article V are those required by the City of Asheville. Other agencies, specifically the Metropolitan Sewerage District of Buncombe County (MSD), have separate procedures which must be followed in order to obtain plan approval and/or acceptance of improvements. These agencies must be contacted to obtain information regarding the proper procedure for approval of plans and of construction.
(b) Relationship between different permits and approvals. Building permits and certificates of occupancy are typically the final forms of approval for most development within the City of Asheville and its area of extraterritorial jurisdiction. Issuance of building permits and certificates of occupancy may be contingent upon the applicant previously having received one or more other permits or forms of approval. For example, site plan approval is required prior to the issuance of a zoning permit to assure that all requirements of this chapter are being met and erosion control plan approval is required prior to issuance of a grading permit. Zoning and building permits will be issued for a development project only after all conditions precedent to the construction of the development imposed under the provisions of this chapter have been met. Each section of this article describes a different type of permit or approval which may be required for a particular project.
(c) Simultaneous processing of applications.
(1) This section intends to accommodate, where possible, the simultaneous processing of applications for different permits and approvals which may be required for the same project, in order to make the review process as short as possible. Possibilities for concurrent filing and processing of applications include, but are not limited to, the following:
a. A site plan along with a use by right, subject to special requirements;
b. A site plan along with a variance request;
c. A preliminary subdivision plat along with an erosion control plan;
d. A site plan along with a certificate of appropriateness request;
e. A site plan along with a downtown design review application; and
f. A site plan along with a traffic impact study.
(2) No application for the rezoning of property shall be accepted or processed while an application for any of the approvals or permits listed in section 7-5-1(a) above is pending for the same property or vice versa.
(3) Some forms of approval depend upon the applicant having previously received another form of approval. Approvals such as site plan approval require the applicant to take certain action within some time period following the approval to avoid having the approval lapse. The applicant should note that each of the permits and approvals set forth in this section has its own review sequence and should take this into consideration when planning the development.
(d) Application and review fees. Requests for review of various permit and approval applications required by this section are subject to the payment of various fees in order to defray the city's administrative costs. The fees for different types of permits and approvals are set forth in the City of Asheville Fees and Charges Manual. These fees are determined by the Asheville City Council and are periodically revised by the council.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2428, § 3, 11-11-97; Ord. No. 3328, § 1(e), (f), 1-24-06; Ord. No. 5057, § 1e, 1-23-24)
(a) Purpose. A zoning permit shall be required for the construction or development of any new use within the planning and regulation jurisdiction of the City of Asheville. In addition to new uses a zoning permit shall also be required for expansions of existing uses, as well as for changes of use. The procedure set forth below shall be followed to obtain a zoning permit for the construction of single-family and duplex residential development and for other uses which do not require permits and/or approvals, other than a driveway access permit and a soil erosion and sedimentation plan approval for projects disturbing less than 10,000 square feet, as set forth elsewhere in this article.
(b) Pre-application procedure. No pre-application conference is required prior to applying for a zoning permit. Applicants are encouraged to call or visit the planning and development department prior to requesting a zoning permit to determine what information is required for the application.
(c) Plan submittal.
(1) Filing of application. An application for a zoning permit may be filed by the owner of the property or by an agent, specifically authorized by the owner to file such application. Where an agent files the application, the agent shall provide documentation that the owner of the property has authorized the filing of the application. The application for a zoning permit shall be filed with the development and permitting center on a form provided by the center.
(2) Fees. An application fee, as established by the City of Asheville Fees and Charges Manual, shall be due and payable when the application is submitted.
(3) Information required. Each application for a zoning permit shall contain the information required on the application form, including a site plan showing the dimensions of the proposed use and its location on the property or site. Other information necessary to show that the use or structure complies with the standards set forth in this chapter shall also be provided.
(4) Annual zoning permits. An annual zoning permit is required for certain land uses including homestays and short-term vacation rentals. Annual zoning permits must be renewed each year before the expiration date and in accordance with the terms of this UDO. Failure to timely renew the annual zoning permit will result in an expiration of that permit, and can result in a voluntary forfeiture of all legal rights and claims to continue that use. See section 7-17-3.
(d) Staff review. The planning and development director shall review the application and determine whether it is complete within ten working days of its submittal. If the application is found to be incomplete, the planning and development director shall notify the applicant of any deficiencies. No further steps shall be taken to process the application until the applicant corrects the deficiencies. The planning and development director shall issue a zoning permit only upon finding that the proposed use or structure satisfies the requirements set forth in article VIII of this chapter. Provided the application is complete, failure by the planning and development director to determine completeness of the application within ten working days shall result in the refund of any application fee paid. The refund of the application fee due to the expiration of the ten working days shall not cause the review of the application to cease. Staff shall continue with the review of the application.
(e) Public notification. No public notification is required for zoning permit requests.
(f) Formal review. No formal review of zoning permit requests is required. Requests shall be reviewed by appropriate city staff to assure compliance with all applicable regulations and requirements.
(g) Variances. Requests for variances from the requirements requiring zoning permits set forth in this chapter shall be heard by the board of adjustment under the procedures established in section 7-6-1.
(h) Appeals. Appeals of the decisions of the planning and development director shall be heard by the board of adjustment under the procedures established by section 7-6-2.
(i) Permit validity. Upon the approval of a zoning permit, the applicant shall have one year to obtain the required building permit(s). Failure to commence building permits within this time shall render the zoning permit void. The zoning permit shall remain valid as long as a valid building permit exists for the project. Any unapproved change in the approved plans shall render the zoning permit invalid.
(j) Violations. Violations of the conditions of the zoning permit shall be considered a violation of this chapter and shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 4637, § 1d, 1-9-18; Ord. No. 4361, § 1a, 3-23-21)
(a) Purpose. To insure that proposed temporary uses comply with the requirements of this chapter, no use that is classified as a temporary use in the zoning district in which it is located shall be placed or established on the property without first receiving a temporary use permit from the planning and development department.
(b) Pre-application procedure. No pre-application conference is required prior to applying for a temporary use permit. Applicants are encouraged to call or visit the planning and development department prior to requesting a temporary use permit to determine what information is required for the application.
(c) Plan submittal.
(1) Filling of application. An application for a temporary use permit may be filed by the owner of the property or by an agent specifically authorized by the owner to file such application. Where an agent, files the application, the agent shall provide the planning and development director with documentation that the owner of the property has authorized the filing of the application. The application for a temporary use permit shall be filed with the development and permitting center on a form provided by the center.
(2) Fees. A permit fee, as established by City of Asheville Fees and Charges Manual, shall be submitted with the application. In addition, a permit shall be obtained from the fire department as required by the fire prevention code. If the temporary use is deemed an event of public interest or will require the expenditure of money or use of resources by the city (beyond routine administrative costs) in connection with the implementation of the public safety plan described in subsection (3) below, the applicant shall pay for these expenses prior to the initiation of the temporary use or provide a bond or other satisfactory security for the payment thereof, as identified and estimated by the city. These expenses may include, but are not limited to, the pro-rated salary of city or other government employees necessary for the conduct of the temporary use. City-sponsored or co-sponsored events may be exempt from these fee requirements. City council may also waive fees for events deemed to have special economic development benefits.
(3) Information required. Each application for temporary use permit shall contain the information required on the application form. The application shall be accompanied by a sketch plan showing the boundaries of the property, the use of adjacent properties, the location of the temporary use or structure on the property, access and parking provisions, restroom facilities, and other information sufficient to show that the temporary use or structure complies with the standards set forth in this chapter and chapter 4 of the fire prevention code.
a. Persons seeking issuance of a temporary use permit for an event shall file an application with a minimum of ten days prior to the proposed event date, unless this time frame is reduced by the planning and development director.
b. Persons seeking issuance of a temporary use permit for an event of public interest shall file an application with a minimum of 21 days prior to the proposed event date, unless this time frame is reduced by the planning and development director. For uses involving the expected congregation of 100 or more persons at any one time (otherwise described as "assembly" uses in the building code), the event shall be deemed an event of public interest and shall also provide an approved public safety plan identifying the means by which public safety will be ensured during the conduct of the temporary use. This public safety plan may include, but is not limited to, such information as: ingress and egress to and from the site; fencing, screening or buffering to control noise and/or crowds; provisions for parking and/or overflow parking; staffing for security and crowd control at the event; and any additional information that may be required by the police or fire chief. The applicant shall be responsible for public expenses associated with the public safety plan as provided in subsection (2) above. If determined necessary by the police chief or fire chief, the public safety plan will be coordinated with other affected agencies involved in public safety operations, including but not limited to the Buncombe County Sheriff, the Buncombe County Emergency Management Director, appropriate rural fire district personnel and the North Carolina Division of Alcohol Law Enforcement.
c. Persons seeking issuance of a temporary use permit for an event on public property shall file an application with the parks and recreation department in accordance with the City of Asheville Special Events Guideline.
(d) Staff review. The planning and development director shall review the application and determine whether it is complete within ten working days of its submittal. If the application is found to be incomplete, the planning and development director shall notify the applicant of any deficiencies. No further steps shall be taken to process the application until the applicant corrects the deficiencies. Provided the application is complete, failure by the planning and development director to determine the completeness of the application within ten working days shall result in the refund of any application fee paid. The planning and development director shall issue a temporary use permit only upon finding that the proposed use satisfies the requirements set forth in section 7-14-2 of this chapter.
(e) Public notification. No public notification is required for temporary use permit requests.
(f) Formal review. No formal review of temporary use permit requests is required. Requests shall be reviewed by appropriate city staff to assure compliance with all applicable regulations and requirements.
(g) Variances. Requests for variances from the requirements set forth in this chapter shall be heard by the board of adjustment under the procedures established in section 7-6-1.
(h) Appeals. Appeals of the decisions of the planning and development director shall be heard by the board of adjustment under the procedures established in section 7-6-2.
(i) Permit validity. The temporary use permit shall be valid only for the time period stated on the permit, as set forth in section 7-14-2.
(j) Violations. Violations of the conditions of the temporary use permit shall be considered a violation of this chapter and shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.
(k) Public emergencies. In the event of a natural disaster, catastrophic event or public emergency the city manager or her/his designee may waive any temporary use permit procedures and authorize the placement of temporary use facilities which are deemed necessary or desirable in conjunction with the management of the emergency.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2535, § 3, 1-12-99; Ord. No. 3162, § 1, 9-14-04; Ord. No. 3480, § 1(c), 6-12- 07)
(a) Purpose. Uses by right, subject to special requirements, are uses permitted by right, provided that the special requirements set forth in subsection 7-16-1 are met. The special requirements are intended to insure that the uses fit the intent of the zoning districts within which they are permitted, and that the uses are compatible with other development permitted within the zoning districts. Review and approval of these uses are handled by the planning and development director, who has no discretion to modify the special requirements.
(b) Pre-application procedure. A pre-application conference is not required for approval of uses by right, subject to special requirements. Applicants are encouraged, however, to contact the planning and development director to discuss the special requirements.
(c) Plan submittal.
(1) Filing of application. An application for a permit for a use by right, subject to special requirements, may be filed by the owner of the property or by an agent specifically authorized by the owner to file such application. Where an agent files the application, the agent shall provide documentation that the owner of the property has authorized the filing of the application. The application for a permit for a use by right, subject to special requirements, shall be filed with the development and permitting center on a form provided by the center.
(2) Fees. A permit fee, as established by the City of Asheville Fees and Charges Manual, shall be submitted with the application.
(3) Information required. Each application for a permit for a use by right, subject to special requirements, shall contain all information described in Appendix B (Checklists for applications). The application shall be accompanied by a site plan meeting the requirements for site plans set forth in Appendix A (Map and Plan Standards).
(d) Staff review. The planning and development director shall review the proposed use and determine if the special requirements for that use have been met. If the special requirements have been met, the use shall be approved. Failure to meet all the special requirements shall result in denial of a permit for the proposed use. The planning and development director shall approve or deny the proposed restricted use or request more information, if needed, within ten working days of submittal. If the application is found to be incomplete, the planning and development director shall notify the applicant of any deficiencies. No further steps will be taken to process the application until the applicant corrects the deficiencies. The planning and development director shall approve the use only upon finding that the proposed use satisfies all applicable requirements set forth in this chapter. Provided the application is complete, failure by the planning and development director to review the application within ten working days shall result in the refund of any application fees paid.
(e) Public notification. Public notification is not required.
(f) Formal review. Formal review is not required.
(g) Variances. Variances from the special requirements constitute "use variances" and shall not be permitted.
(h) Appeals. Appeals of decisions of the planning and development director regarding applications for a use by right, subject to special requirements, shall be heard by the board of adjustment under the procedures established in section 7-6-2.
(i) Permit validity. The permit for a use by right, subject to special requirements, shall be valid for one year from the date of its issuance. Failure to initiate construction or otherwise begin the permitted use within this time shall render the permit void. The planning and development director may grant a single extension of this time period of up to six months upon submittal by the applicant of sufficient justification for the extension.
(j) Violations. Failure to establish or maintain the special requirements is considered a violation of this chapter and shall subject the offender to the enforcement and penalty provisions of article XVIII of this chapter.
(Ord. No. 2369, § 1, 5-27-97)
(a) Purpose. Special uses are established to provide for the location of those uses which are generally compatible with other land uses permitted in a zoning district but which, because of their unique characteristics or potential impacts on the surrounding neighborhood and the city as a whole, require individual consideration of their location, design, configuration, and/or operation at the particular location proposed. Such individual consideration may also call for the imposition of individualized conditions in order to ensure that the use is appropriate at a particular location and to ensure protection of the public health, safety, and welfare. Any use identified in article VIII and article XVI of this chapter as a special use in a zoning district shall not be permitted without the approval of the planning and zoning commission in accordance with the requirements and procedures set forth in this subsection 7-5-5.
(b) Pre-application procedure.
(1) Conference. Every applicant for a special use is required to meet with the planning and development director in a pre-application conference prior to the submittal of a request for approval of a special use. The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application.
(2) Neighborhood meeting. It is required that the developer meet with representatives of the neighborhood in which the proposed special use will be located. This meeting, which should be held at the pre-application stage, will allow the developer to explain the proposed use and to be informed of the concerns of the neighborhood.
(c) Plan submittal.
(1) Filing of application. An application for a special use permit may be filed by the owner of the property or by an agent specifically authorized by the owner to file such application. Where an agent files the application, the agent shall provide documentation that the owner of the property has authorized the filing of the application. The application for a special use permit shall be filed with the development services department on a form provided by the department.
(2) Fees. A permit fee, as established by the City of Asheville Fees and Charges Manual, shall be submitted with the application.
(3) Information required. Each application for a special use permit shall contain all information described in city-provided Checklists for Applications; and a notation of the pertinent deed number of the subject property with book and page reference from the Buncombe County Register of Deeds.
(d) Staff review.
(1) Planning and development staff review. Following submittal of the application and site plans for the special use, they shall be reviewed by the planning and development director or designee for compliance with the requirements of this chapter and in consideration of the special use standards found in Sec. 7-16-2(c) of this chapter and advise the applicant accordingly.
(2) Submittal of plans to technical review committee ("TRC") for preliminary review. The planning and development director or designee shall present the site plans for the special use to the TRC at its next regular meeting. The TRC shall review the site plan for compliance with existing federal, state, and local regulations. This review shall be made by the members of the TRC and by any other agencies or officials as determined by the planning and development director. For special uses in 7-16-2 that require review for compliance with the Downtown Review Design Guidelines-such review shall be conducted by the Downtown Design Review Committee and the recommendation forwarded to the Planning and Zoning Commission as part of its review of the special use permit request.
(3) Action by technical review committee. Upon submittal and review of a complete application for a special use permit, the TRC may make one of the following recommendations:
a. Approval. If the TRC recommends approval, the planning and development director or designee shall forward the recommendation and the special use application to the Planning and Zoning Commission for a final decision reached after a quasi-judicial hearing.
b. Approval with conditions. If the TRC recommends approval with conditions, the applicant may revise the plan to meet the conditions of the approval and resubmit it. The revised plan shall be reviewed by the planning and development director or designee and, if it meets all of the conditions, shall forward the recommendation and the special use application to the Planning and Zoning Commission for a final decision reached after a quasi-judicial hearing.
c. Denial. If the TRC recommends denial of the request, the reasons for denial shall be provided in writing to the applicant. The site plan may be revised to address the reasons for denial and resubmitted in accordance with the provisions of this chapter. After an opportunity to revise has been granted, and concerns remain unaddressed, the recommendation for denial and special use application shall be forwarded to the Planning and Zoning for a final decision reached after a quasi-judicial hearing.
While TRC preliminary review and recommendation are considered useful for ensuring to the greatest extent that applications meet all applicable laws and regulations, the TRC recommendations are not determinative and no part of the recommendation may be used as the sole basis for the Planning and Zoning Commission’s final quasi-judicial decision.
d. Timing. The TRC shall make its recommendation within the timeframe specified by the published TRC schedule. Provided the application and site plan are complete, failure by the TRC to make its recommendation within the timeframe specified by the published TRC schedule shall result in the refund of any application fees paid.
(e) Formal Quasi-Judicial Review.
(1) Public hearing. Upon receipt of a notice from the planning and development director, their designee or the applicant requesting a hearing on the application and site plan for a special use permit, a quasi-judicial hearing before the Planning and Zoning Commission shall be scheduled.
(2) Action by the Planning and Zoning Commission.
a. Review of special use permit request. The Planning and Zoning Commission shall follow quasi-judicial procedures as required by N.C.G.S. § 160D-406 in determining special use permit decisions.
b. Decision by the Planning and Zoning Commission. Before a special use permit is granted, the Planning and Zoning Commission must find that the application meets all of the Special Use Standards found in Sec. 7-16-2(c) of this chapter based on competent, material, and substantial evidence presented at the hearing. The decision on the special use application shall be by a simple majority vote of those members of the commission present at the meeting at which the action is taken. The special use permit decision shall be effective upon filing of the written decision with the secretary to the commission. The decision of the commission shall be delivered within a reasonable time by electronic mail, personal delivery or first-class mail to the applicant, landowner, and any person who has submitted a written request for a copy prior to the date the decision becomes effective.
If approved by the planning and zoning commission, no permits may be issued related to the approved special use permit pertinent to the specific property until the property owner has recorded the approved plan and conditions at the Buncombe County Register of Deeds including notation of the pertinent deed number with book and page reference.
c. Transfer of approval. A special use approval is not transferable from one property to another, but may be transferred to a subsequent owner of the property.
d. Resubmission of denied applications. No application for approval of a development project (special use, site plan, project plan) shall be filed with or accepted by the City if that project is identical or substantially similar to a special use application which has been denied by the planning and zoning commission within one year of the final action by the planning and zoning denying the request.
(f) Public notification. Notice of quasi-judicial hearings or public meetings required under this section for special use approvals shall be provided in accordance with the provisions of section 7-5-20 of this chapter. Additional notice provisions may be required in accordance with section 7-16-2 of this chapter.
(g) Project phasing. If a project approved as a special use is to be developed in phases, a master plan for the entire development site must be approved by the Planning and Zoning Commission at the same time and in the same manner the special use permit application is considered.
Final plans for phases of the special use may be submitted in stages and shall be approved by City staff provided that the following requirements are met:
(1) All stages shall be shown with precise boundaries on the master plan and shall be numbered in the expected order of development.
(2) Each phase must be able to exist independently of subsequent phases by meeting all applicable laws and regulations as if the phase were a separate project.
(3) All the data required for the project as a whole shall be given for each stage shown on the plan.
(4) A proportionate share of the open space and common facilities shall be included in each stage of the development.
(5) The phasing shall be consistent with the traffic circulation, drainage, and utilities plan for the entire master plan for the special use.
(6) Each phase of the special use must comply with any and all conditions attached to the approval of the special use permit by the Planning and Zoning Commission.
(h) Conditions. Reasonable and appropriate conditions and safeguards may be imposed on these special use permits. Where appropriate, such conditions may include requirements that street and utility rights-of-way be dedicated to the public and that provision be made for recreational space and facilities. The planning and zoning commission may prescribe dimensional requirements (height, setback, etc.) that are different from the requirements of the corresponding general zoning classification, and may prescribe development and design standards that are different from those set out in article XI; provided, that any request for a modification to a dimensional requirement or development and design standard that is less restrictive than would be applicable for the underlying general zoning classification must be specifically described in any notices required for the public hearing on the special use permit application, and must be set out separately in any ordinance issuing said special use permit, together with an explanation of the reason for the modification. Except as modified pursuant to this paragraph, all standards and requirements applicable to the underlying general zoning district must be met. Variances to the standards established by any special use permit shall not be allowed.
(i) Appeals. An appeal from the decision of the Planning and Zoning Commision regarding a special use application and site plan may be made by an aggrieved party and shall be made to the Superior Court of Buncombe County in the nature of certiorari. Any such petition to the Superior Court shall be filed with the court no later than 30 days after a written copy of the decision of the planning and zoning commission is received by the applicant.
(j) Permit validity. Approvals of a special use application and site plan shall be valid for two years from the date of approval by the Planning and Zoning Commission. An extension of up to one additional year may be granted by the Planning and Zoning Commission upon submittal by the application of sufficient justification for the extension. Appropriate conditions may be added to the initial approval or extension approval to guarantee site maintenance and security. Failure to obtain a zoning permit or otherwise being the permitted use, within this time shall render the special use approval void. Nothing herein shall be construed to extend any time limitations prescribed by statute or by other ordinances in this chapter.
Permits for the phased development of a special use project shall remain valid for the time approved by the Planning and Zoning Commission as part of the special use approval of the master plan for the special use.
(k) Minor Modifications. Minor modifications to a special use permit that do not involve a change in uses permitted or the density of overall development permitted may be reviewed and approved administratively. Any other modifications or revocation of a special use permit shall follow the same process for the granting of the original special use permit.
(l) Violations. Violations of the special use permit or of any of the conditions attached to the approval shall be considered a violation of this chapter and subject to the enforcement and penalty provisions of article XVIII of this chapter.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2428, § 4, 11-11-97; Ord. No. 2771, § 1a.—d., 11-28-00; Ord. No. 2843, § 1(a), 8-28-01; Ord. No. 2871, §§ 1(g)—1(k), 11-27-01; Ord. No. 3064, §§ 1(a), (b), 10-14-03; Ord. No. 3206, § 1, 1-25-05; Ord. No. 3369, § 1(b), 6-27-06; Ord. No. 3374, §§ 1(a)—(c), 7-11-06; Ord. No. 3530, § 1, 8-28-07; Ord. No. 3709, § 1a, 3-10-09; Ord. No. 3757, § 1a, 7-14-09; Ord. No. 3947, § 1, 2-22-11; Ord. No. 4273, § 1, 1-28-14; Ord. No. 4361, § 1b, 3-23-21; Ord. No. 5057, § 1f, 1-23-24)
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