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§ 150.37 EFFECT.
   (A)   A sign may be erected, mounted, displayed, or maintained in the city if it is in conformance with the provisions of these regulations.
   (B)   The effect of this subchapter, as more specifically set forth herein, is to:
      (1)   Allow a wide variety of signs types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in this subchapter;
      (2)   Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this subchapter;
      (3)   Prohibit signs whose location, size, type, illumination, or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having lessened impact on the environment and the public health, safety, and welfare; and
      (4)   Provide for the enforcement of the provision of this subchapter.
(Ord. passed 4-13-2021)
§ 150.38 DEFINITIONS.
   For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
   ABANDONED SIGN. Any sign and/or supporting sign structure which remains without a message or whose display surface remains blank for a period of one year or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been ABANDONED. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed ABANDONED unless the property remains vacant for a period of one year or more. Any sign remaining after demolition of a principal structure shall be deemed to be ABANDONED. Signs which are present because of being legally established non-conforming signs or signs which have required a conditional use permit or a variance shall also be subject to the definition of ABANDONED SIGN.
   ANIMATED SIGN. A sign which includes action or motion.
   AWNING. A roof-like cover, often of fabric, plastic, metal, or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk, or the like. Any part of an AWNING that also projects over a door shall be counted as AWNING.
   AWNING SIGN. A building sign or graphic printed on or in some fashion attached directly to the awning material.
   BALLOON SIGN. A sign consisting of a bag made of lightweight material supported by helium, hot or pressurized air which is greater than 24 inches in diameter.
   BILLBOARD. A sign erected for the purpose of advertising a product, event, person, or subject not entirely related to the premises on which the sign is located.
   BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
   BUILDING SIGN. Any sign attached or supported by any structure used or intended for supporting or sheltering any use or occupancy.
   CABINET SIGN. Any wall sign that is not of channel or individually mounted letter construction.
   CANOPY. A roof-like cover, often of fabric, plastic, metal, or glass on a support, which provides shelter over a doorway.
   CANOPY SIGN. Any sign that is part of or attached to a canopy made of fabric, plastic, or structural protective cover over a door or entrance.
   CHANGEABLE COPY SIGN. A sign or portion thereof that has a readerboard for the display of text information in which each alphanumeric character, graphic, or symbol is defined by objects not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, illustrations, letters, or numbers that can be changed or rearranged without altering the face or surface of the sign structure. CHANGEABLE COPY SIGNS do not include signs upon which characters, letters, or illustrations change or rearrange only once in a 24-hour period.
   CHANGEABLE COPY SIGN, ELECTRONIC. A sign or portion thereof that displays electronic, non-pictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations or light emitting diodes (LEDs), fiber optics, light bulbs, or other illumination devices within the display area. ELECTRONIC CHANGEABLE COPY SIGNS include computer programmable, microprocessor controlled electronic displays. ELECTRONIC CHANGEABLE COPY SIGNS include projected images or messages with these characteristics onto buildings or objects. ELECTRONIC CHANGEABLE COPY SIGNS do not include official signs.
   COMMERCIAL SPEECH. Speech advertising a business, profession, commodity, service, or entertainment.
   DYNAMIC DISPLAY. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure, or any other component of the sign. This includes the displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink, or any other method or technology that allows the sign face to present a series of images or displays.
   ELECTRONIC GRAPHIC DISPLAY SIGN. Electronic, static images, static graphics, or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs, or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization, or dissolve modes. ELECTRONIC GRAPHIC SIGNS include computer programmable, microprocessor controlled electronic or digital displays. ELECTRONIC GRAPHIC DISPLAY SIGNS include projected images or messages with these characteristics onto buildings or other objects.
   ELEVATION. The view of the side, front, or rear of a given structure(s).
   ERECT. Activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing, or any other way of bringing into being or establishing.
   FLAG. Any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices.
   FLASHING SIGN. A directly or indirectly illuminated sign which exhibits changing light or color effect by any means, so as to provide intermittent illumination which includes the illusion of intermittent flashing light by means of animation. Also any mode of lighting which resembles zooming, twinkling, or sparkling.
   FREE-STANDING SIGN. Any sign that has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure.
   GRADE. Shall be construed to be the final ground elevation after construction. Earth mounding criteria for landscaping and screening is not part of the final GRADE for sign height computation.
   GROUND SIGN. Any free-standing sign with its face mounted on the ground or mounted on a base at least as wide as the sign and which has a total height not exceeding eight feet.
   HEIGHT OF SIGN. Computed as the vertical distance measured from the base of the sign at grade to the top of the highest attached component of the sign.
   ILLUMINATED SIGN. Any sign, whether exterior or interior, which contains an element designed to emanate artificial light internally or externally.
   INTERIOR SIGN. A sign which is located within the interior of any building, or within an enclosed lobby or court of any building.
   ISSUING AUTHORITY. The City Zoning Officer.
   LEGALLY ESTABLISHED NON-CONFORMING SIGN. Any sign and its support structure lawfully erected prior to the effective date of this subchapter which fails to conform to the requirements of this subchapter. A sign which was erected in accordance with a conditional use permit or variance granted prior to the adoption of this subchapter and which does not comply with this subchapter shall be deemed to be a LEGAL NON-CONFORMING SIGN. A sign which was unlawfully erected shall be deemed to be an ILLEGAL SIGN.
   MONUMENT SIGN. Any free-standing sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a height exceeding eight feet.
   MULTI-VISION SIGN. Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and, when properly functioning, allows on a single sign structure the display at any given time one or two or more images.
   NON-COMMERCIAL SPEECH. Dissemination of messages not classified as COMMERCIAL SPEECH, which include, but are not limited to, messages concerning political, religious, social, ideological, public service, and informational topics.
   OFFICIAL SIGN. Signs of a public, non-commercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official or employee in the performance of official duty.
   OFF-PREMISES SIGN. A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same premises where such business sign is located. For purposes of this subchapter, easements and other appurtenances shall be considered to be outside such platted parcel of land and any sign located or proposed to be located in an easement or other appurtenance shall be considered an OFF-PREMISES SIGN.
   ON-PREMISES SIGN. Identify or advertise an establishment, person, activity, goods, products, or services located on the premises where the sign is installed. ON-PREMISES SIGNS located within residential districts are not permitted.
   PARAPET (WALL). That portion of building wall that rises above the roof level.
   POLE SIGN. See PYLON SIGN.
   POLITICAL SIGN. Any sign which includes the name or picture of an individual seeking election or appointment to public office, or pertaining to a forthcoming public election or referendum, or pertaining to or advocating political views or policies, which is erected on private property by a bonafide candidate for political office or by a person or group supporting such a candidate and which contains the name of the person or group responsible for the erection and removal of the sign.
   PORTABLE SIGN. Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground, since this characteristic is based on the design of such a sign.
   PORTE COCHERE. A roofed structure or roof-like cover, extending from the entrance of a building and which provides shelter over a doorway.
   PRINCIPAL BUILDING. The building in which the principal primary use of the lot is conducted. Lots with multiple principal uses may have multiple PRINCIPAL BUILDINGS, but storage buildings, garages, and other clearly accessory uses shall not be considered PRINCIPAL BUILDINGS.
   PROJECTING SIGN. Any sign which is affixed to a building or wall in such a manner that its leading edge extends more than two feet beyond the surface of such building or wall face.
   PROPERTY OWNER. Legal owner of property as officially recorded by the county.
   PUBLIC NOTICES. Official notices posted by public officers, employees, or their agents in the performance of their duties, or as directed by such officers, employees, or agents.
   PUBLIC STREET RIGHT-OF-WAY. The planned right-of-way for a public street.
   PYLON SIGN. Any free-standing sign which has its supportive structure(s) anchored in the ground and which has a face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open.
   REAL ESTATE SIGN. A sign pertaining to the sale, lease, or rental of the real estate upon which it is located.
   RESIDENTIAL DISTRICT. Any district zoned for residential uses.
   ROOF. The exterior surface and its supporting structure on the top of a building or structure, the structural make-up of which conforms to the roof structures, roof construction, and roof covering section of the State Building Code, being M.S. §§ 326B.101 et seq.
   ROOF LINE. The upper-most edge of the roof, or in the case of an extended facade or parapet, the upper-most height of said facade.
   ROOF SIGN. Any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure and extending vertically above the highest portion of the roof.
   ROOF SIGN, INTEGRAL. Any building sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, so that no part of the sign extends vertically above the highest portion of the roof and so that no part of the sign is separated from the rest of the roof by a space of more than six inches.
   ROTATING SIGN. A sign or portion of a sign which turns about on an axis.
   SHIMMERING SIGNS. A sign that reflects an oscillating, sometimes distorted, visual image.
   SIGN. Any letter, word, or symbol, poster, picture, statuary, reading matter, or representation in the nature of advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed, or constructed, including all associated brackets, braces, supports, wires, and structures, which is displayed for informational or communicative purposes.
   SIGN FACE. The surface of the sign upon, against, or through which the message of the sign is exhibited.
   SIGN STRUCTURE. Any structure including the supports, uprights, bracing, and framework which supports or is capable of supporting any sign.
   SITE. A plot or parcel of land, or combination of contiguous lots or parcels of land, which are intended, designated, and/or approved to function as an integrated unit.
   STRINGER. A line of string, rope, cording, or an equivalent to which is attached a number of pennants.
   SUSPENDED SIGN. Any building sign that is suspended from the underside of a horizontal plane surface and is connected to this surface.
   TEMPORARY SIGN. Any sign, banner, pennant, balance, spinners, balloons, or advertising display intended to be displayed for no more than 30 days.
   TOTAL SITE SIGNAGE. The maximum permitted combined area of all free-standing and wall identification signs allowed on a specific property.
   VISIBLE. Capable of being seen by a person of normal visual acuity (whether legible or not) without visual aid.
   WALL. Any structure which defines the exterior boundaries of courts or a building or structure and which has a slope of 60 degrees or greater with the horizontal plane.
   WALL SIGN. Any building sign attached parallel to, but within two feet of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one sign surface.
   WINDOW SIGN. Any building sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
   VIDEO DISPLAY SIGN. A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. VIDEO DISPLAY SIGNS include projected images or messages with these characteristics onto buildings or other objects.
(Ord. passed 4-13-2021)
§ 150.39 ADMINISTRATION AND ENFORCEMENT.
   (A)   Compliance with this section. No person shall erect or cause to be erected, placed, altered, or moved, any sign, unless in conformity with this section. Nothing in this section will relieve any person from complying with the provisions of any other ordinance of the city of other provisions of this code.
   (B)   Permit required.
      (1)   No sign shall be erected, altered, reconstructed, maintained, or moved in the city without first securing a permit from the city. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. Application for a permit shall be in writing addressed to the issuing authority and shall contain the following information:
         (a)   Names and addresses of the owners of the display structure and property;
         (b)   The address at which any signs are to be erected;
         (c)   The lot, block, and addition at which the signs are to be erected and the street on which they are to front;
         (d)   A complete set of plans showing the necessary elevations, distances, sizes, and details to fully and clearly represent the construction and place of the signs;
         (e)   The cost of the sign;
         (f)   The type of sign (i.e., wall sign, monument sign, and the like); and
         (g)   Certification by applicant indicating the application complies with all requirements of this subchapter.
      (2)   The issuing authority shall approve or deny the sign permit in an expedited manner no more than 60 days from the receipt of the complete application, including applicable fee, subject to additional review time claimed by city pursuant to M.S. Chapter 15, as it may be amended from time to time.
      (3)   No permit for a sign may be transferred or assigned to anyone other than the owner of the property on which the sign is located.
   (C)   Placement provisions applicable to all signs.
      (1)   No sign may be placed so as to interfere with any electric lights, or electrical or telephone wires or their supports, or placed in a manner which is deemed a detriment to public safety.
      (2)   Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic. Nor shall such signs interfere with or obscure an official traffic sign or signal. This includes indoor signs which are visible from public streets.
      (3)   No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door, window, or fire escape. No sign or sign structure shall be attached to a stand pipe or fire escape.
      (4)   No sign or sign structure shall be placed on or protrude over the public right-of-way except wall (maximum protrusion 18 inches), canopy, awning, or marquee. No sign shall be placed within any drainage or utility easement or within the public right-of-way except by the issuance of a conditional use permit from the city and shall be located a minimum of eight feet above surface grade.
      (5)   If a sign is not a part of the principal structure or attached thereof, the sign location shall require a permit approved by the City Council. The City Council will consider the proposed location of the sign and approval will be based on the following criteria:
         (a)   Will the request cause traffic visibility issues or safety concerns?
         (b)   Is the request incompatible with surrounding area?
         (c)   Will the location create unreasonably excessive burden on existing storm water management, streets, snow removal, or utilities?
      (6)   Signs defined in this chapter as changeable copy signs, electronic, multi-vision signs, portable signs, animated signs, rotating signs, shimmering signs, stringers, dynamic signs, electronic graphic display signs, video display signs, or suspended signs shall require a conditional use permit.
      (7)   Billboards shall require a conditional use permit approved by the City Council and may be allowed on a very limited basis. Consideration for the use of a billboard include:
         (a)   Will the request cause traffic visibility issues or safety concerns?
         (b)   Is the request incompatible with surrounding area?
         (c)   Will the location create unreasonably excessive burden on existing storm water management, streets, snow removal, or utilities?
   (D)   Maintenance. Signs and sign structures shall be properly maintained and kept in a safe condition.
(Ord. passed 4-13-2021) Penalty, see § 150.99
§ 150.40 EXEMPTIONS.
   The following signs shall not require a permit. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this subchapter or any other law or ordinance regulating the same:
   (A)   Display surface. The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and/or on-site changes involving sign painting elsewhere than directly on a building;
   (B)   Signs less than six square feet. Signs six square feet or less in size, approved by the Zoning Officer;
   (C)   Political signs. Free-standing political signs, not exceeding a sign surface area of 12 square feet each, displayed consistent with the times allowed by M.S. § 211.045, as it may be amended from time to time;
   (D)   Residential identification sign. Sign must not exceed a sign surface area of four square feet;
   (E)   Garbage sale signs. Free-standing signs for garage sales or similar events occurring within the corporate limits of the city, erected on private property with permission of the landowner. Garage sale signs must be removed immediately after the sale is complete;
   (F)   Signs at construction sites. Signs denoting the architect, engineer, or contractor, when placed upon work under construction, provided that the total sign surface area of all such signs does not exceed 32 square feet in a district zoned for commercial uses or six square feet in a district zoned for residential uses, and provided that the sign is removed upon completion of construction or prior to a date six months after the sign is first placed on the property, whichever is earlier;
   (G)   Temporary event signs. Temporary signs (other than political signs) pertaining to drives or events of civic, philanthropic, educational, or religious organizations, provided permission of the City Zoning Officer must be obtained to erect such signs upon or over streets or other public property, and provided further that such signs must not be erected or posted for a period of more than 30 days prior to the date of the event and must be removed within three days after the event;
   (H)   Real estate signs. Real estate signs, provided the total sign surface area for real estate signs on a property is not greater than six square feet. Directional real estate signs off the property to be leased or sold are allowed with the property owner’s permission and cannot be located within the right-of-way;
   (I)   Vacation rental signs. Signs advertising property for vacation rental cannot be more than six square feet;
   (J)   Business identification signs. One business identification sign which is designed to replace an existing business identification sign for which a valid sign permit exists, so long as the new sign has the same dimensions and is in the same location as the existing sign, and is neither a lighted sign or a prohibited sign under this section; and
   (K)   Official signs.
(Ord. passed 4-13-2021)
§ 150.41 PROHIBITED SIGNS.
   (A)   Unless a sign is specifically permitted under this section, or a temporary sign permit has been issued for the sign under this section, or a conditional use permit has been issued for the sign under the city’s zoning ordinance, the sign is prohibited.
   (B)   By way of example and not by way of limitation, the following signs are specifically prohibited:
      (1)   Flashing signs, searchlights, flags, or whirling devices;
      (2)   Signs which emit sound, odor, or visible matter;
      (3)   Any sign that obstructs any part of a doorway, stairway, or fire escape;
      (4)   Signs which project beyond the property line of the property upon which the sign is located;
      (5)   Signs which have a structural member or other portion closer than ten feet to a side lot line;
      (6)   Any sign which by reason of its location, color, or intensity, creates a hazard to the safe and efficient movement of vehicles or pedestrian traffic, including any sign which might be construed as a traffic control or which otherwise resembles any official marker erected by a governmental body or agency;
      (7)   Content classified as obscene as defined by M.S. § 617.241, as it may be amended from time to time;
      (8)   Abandoned signs as defined by § 150.38; and
      (9)   Any sign within the shore impact zone of a riparian lot.
(Ord. passed 4-13-2021) Penalty, see § 150.99
§ 150.42 TEMPORARY SIGN PERMIT.
   Temporary signs will be allowed with the following conditions:
   (A)   In keeping with the character and development of the property on which it is located; and
   (B)   Does not interfere with traffic visibility or does not cause unreasonable burden on storm water management, snow removal, streets, or utilities.
(Ord. passed 4-13-2021)
§ 150.43 NON-CONFORMING SIGNS.
   (A)   Existing signs which comply with this section. Signs existing on the effective date of this subchapter which conform to the requirements of this subchapter and which do not require a permit may be maintained so long as they continue to comply with this subchapter, as it may from time to time be amended.
   (B)   Existing signs which do not comply with this section. Signs existing on the effective date of this subchapter which would be prohibited by this subchapter, or which would require a conditional use permit under this subchapter but which have not received a permit under this subchapter or prior ordinances, will be deemed to be LEGAL NON-CONFORMING SIGNS. Legal non-conforming signs may continue to exist without a permit and without constituting a violation of this section until one or more of the following occurs.
      (1)   The sign is structurally altered (except for normal maintenance) in a way which makes the sign less in compliance with this section than it was before the alteration.
      (2)   The sign is relocated to a position making it less in compliance with this section than it was before the relocation.
      (3)   The sign is replaced.
      (4)   Any new primary sign is erected or placed in connection with the enterprise using the legal non-conforming sign.
(Ord. passed 4-13-2021)
§ 150.44 GENERAL PROVISIONS FOR PERMITTED SIGNS.
   (A)   Signs advertising goods or services available on commercial premises, not to exceed a total of 250 square feet in area, placed to observe the setback requirements in § 150.39.
   (B)   Advertising free-standing structures, vehicles, or any other type of mobile property shall be considered a sign and included in calculation of the overall square footage.
   (C)   Monument signs shall not exceed 75 total square feet of display area and shall not exceed eight feet in height as measured from grade five feet from the base of the monument or V-shaped sign. The total permitted square foot display area includes all faces of a monument or V-shaped sign.
   (D)   Canopies and fixed awnings are to be considered an integral part of the structure to which they are attached. They must meet the following requirements.
      (1)   Awnings or canopies may have no part of the structure other than supports nearer the ground surface than seven feet.
      (2)   The architectural style of the awning or canopy must be consistent with the building being served.
      (3)   Awnings and canopies proposed to be built as to encroach into a required yard setback and public right-of-way must obtain a conditional use permit.
   (E)   The installation of electrical signs shall be subject to the State Electrical Code, being M.S. §§ 326B.31 et seq. Electrical service to such sign shall be underground.
   (F)   The owner or agent of the building and/or property shall remove any sign that has become obsolete by reason of termination of the business or vacation of the premises.
   (G)   The owner, lessee, or manager of the property where a sign is located shall remove or correct a sign within 30 days of the receipt of written notice from the Zoning Administrator that the sign is in violation or prohibited by the ordinance.
   (H)   Signs located within state or county right-of-way must also follow regulations set by those government entities, specifically if they are more restrictive than this subchapter.
   (I)   Signs allowed in the residential district will not require a permit and will be allowed under the following regulations:
      (1)   Single-sided signs only;
      (2)   No larger than eight square feet, unless otherwise stated;
      (3)   Free-standing or attached to the main structure;
      (4)   Signs cannot be located in the right-of-way;
      (5)   Permanent residential signs must follow residential setback requirements;
      (6)   In the case of a home occupation, as defined in Chapter 156, an identification sign, no larger than six square feet may be affixed to the structure;
      (7)   Temporary signs (must follow the same requirements for size, type, and location);
      (8)   Political signs. Free-standing political signs, not exceeding a sign surface area of 12 square feet each, displayed consistent with the times allowed by M.S. § 211B.045, as it may be amended from time to time;
      (9)   Residential identification sign. Sign must not exceed a sign surface area of four square feet;
      (10)   Garage sale signs. Free-standing signs for garage sales or similar events occurring within the corporate limits of the city, erected on private property with permission of the landowner. Garage sale signs must be removed immediately after the sale is complete;
      (11)   Signs at construction sites. Signs denoting the architect, engineer, or contractor, when placed upon work under construction, provided that the total sign surface area of all such signs does not exceed six square feet in a district zoned for residential uses, and provided that the sign is removed upon completion of construction or prior to a date six months after the sign is first placed on the property, whichever is earlier; and
      (12)   Vacation rental signs. Signs advertising property for vacation rental cannot be more than six square feet.
(Ord. passed 4-13-2021) Penalty, see § 150.99
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