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(A) Dumpster bags shall not to be allowed to remain outdoors on any private or public property, or public right of way, for more than 30 days.
(B) No more than two dumpster bags shall be allowed outdoors on any private or public property, or public right of way, at any given time.
(Res. 2019-61, passed 6-19-19; Am. Ord. 2019-62, passed 8-21-19)
DISTRICT REGULATIONS
(A) Uses permitted. Except as otherwise provided in this chapter, no building or premises in the R-1 Residential District shall hereafter be erected, altered, used, arranged, or designed to be used in whole or in part for any other purpose or in any other manner than as follows:
(1) One-family dwellings,
(2) Farming or gardening,
(1) Churches and other buildings for the purpose of religious worship subject to § 152.113(A), (C), (G), (H), (K), and (L).
(5) Institutions of human medical care – hospitals, clinics, sanitariums, convalescent homes, nursing homes, homes for the aged and philanthropic institutions subject to § 152.113(A), (B), (C), (E), (I), (K), and (M).
(6) Governmentally owned and operated buildings or facilities subject to § 152.113(C), (G), (H), and (K).
(10) Governmentally owned and/or operated parks and playgrounds subject to § 152.113(A), (B), (C), (D), (E), (K), and (M).
(11) Governmentally or privately owned and/or operated picnic areas, playgrounds, private parks, swimming facilities, golf courses, tennis clubs, country clubs, riding academies, and other similar recreational uses. Uses permitted under this category shall be subject to § 152.113(A), (B), (C), (D), (M), (S), (T), (V) and (W).
(C) Height. No dwelling shall exceed 25 feet or two stories in height. Other permitted structures, except accessory structures, may be built to a greater height provided any such structure sets back from every street and lot line one foot for each foot of height of the structure in excess of 25 feet, in addition to the other yard and setback requirement therein specified.
(D) Front yard. There shall be a front yard not less than 50 feet in depth; except that where there are four or more existing structures in the same block on the same side of the street as the proposed structures, the Building and Zoning Inspector or Clerk-Treasurer shall change the depth of the front yard to that of the existing buildings.
(E) Setback requirements for corner lots.
(1) For a conventional corner lot (see Types of Lots in Appendix), i.e. narrow and deep, with the proposed structure fronting the shorter property line, the setback shall be 50 feet measured from the shorter front lot line. The setback requirement on the second street shall be 40% (20 feet) of the normal setback and shall be measured from the longer lot line.
(2) For a reversed corner lot (see Types of Lots in Appendix), i.e. wherein the proposed structure fronts the longer of the two property lines, the setback requirement for the front yard shall be 60% (30 feet) of the normal setback. The setback on the second street shall be 50 feet; except that where there are four or more existing structures in the same block on the same side of the street as the side yard of the proposed structure, the Building and Zoning Inspector or the Clerk-Treasurer shall change the setback on the side yard to match the front yards of the existing structures.
(F) Side yards. There shall be a side yard not less than ten feet in width on each side of the principal building.
(G) Rear yards. There shall be a rear yard on every lot which rear yard shall have a minimum depth of not less than ten feet.
(H) Lot area. The minimum lot area shall not be less than 10,000 square feet.
(I) Lot width. The minimum lot width shall be 75 feet as measured along the street right-of-way line on a dedicated street with centralized sewer and 120 feet without centralized sewer. In the case of a curved street, the 75 or 120 feet shall be measured at the front yard setback.
(J) Minimum size of dwellings. Every new dwelling or residence shall have a full basement and shall have floor space designed and used for living quarters, exclusive of porches, garages, breezeways or terraces as follows:
(1) For residences or manufactured homes with living space located entirely on one floor, the minimum living area shall be 1,200 square feet. For purposes of this section, the term MANUFACTURED HOME means any non-self-propelled vehicle or structure transportable in one or more sections which, in the traveling mode, is eight body feet in width and 40 body feet or more in length and which, whether built on a permanent chassis or not, is designed to be used as a dwelling. Manufactured homes must meet all the requirements of Residential Districts.
(2) For two-story or story and one-half dwellings or residences, the minimum area shall be 1,200 square feet with at least 750 square feet on the first floor.
(3) For additions to existing structures, no basement is necessary.
(K) Off-street parking. There shall be two off-street parking spaces for each family unit, each containing no less than 200 square feet of area, with width of ten feet and a length of 20 feet.
(Ord. passed 12-11-90; Am. Ord. 48-1992, passed 7-15-92; Am. Ord. 45, passed 11-20-96; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999
(A) Uses permitted. Except as otherwise provided in this chapter, no building or premises in the R-2 Residential District shall hereafter be erected, used, arranged, or designed to be used in whole or in part for any other purpose or in any other manner than as follow:
(1) All uses permitted in R-1 Residential District,
(2) Two-family dwellings,
(1) Churches and other buildings for the purpose of religious worship subject to § 152.113(A), (C), (G), (K), (L), and (M).
(5) Institutions for human care - hospitals, clinics, sanitariums, convalescent homes, nursing homes, child day care centers, homes for the aged, and philanthropic institutions subject to § 152.113(A), (B), (C), (E), (G), (I), (K), and (M).
(6) Governmentally owned and/or operated buildings or facilities subject to § 152.113(C), (G), (H), and (K).
(7) Governmentally owned parks and/or playgrounds, subject to § 152.113(A), (B), (C), (D), (E), (K), and (M).
(8) Quasi-public, institutionally, or organizationally owned and/or operated recreational, instructional and meeting facilities, such as those developed and used by the Y.M.C.A., Y.W.C.A., Boy Scouts, or various fraternal or community service groups subject to § 152.113(I), (K), (M), and (W).
(C) Height. No dwelling shall exceed 25 feet or two stories in height. Other permitted buildings, except accessory buildings, may be built to a greater height provided any such building sets back from
every street and lot line one foot for each foot of height of the building in excess of 25 feet, in addition to the other yard and setback requirements herein specified.
(D) Front yard. There shall be a front yard not less than 30 feet in depth except that where there are four or more existing structures in the same block and on the same side of the street as the proposed structure, the Building and Zoning Inspector or Clerk-Treasurer shall reduce the depth of the front yard to the average depth of the front yards of the existing buildings. On a corner lot the front yard requirements shall be observed on both streets.
(E) Side yards. There shall be a side yard not less than ten feet in width on each side of the principal dwelling for one-family dwellings and 15 feet in width on each side of the principal dwelling for two-family dwellings.
(F) Rear yards. There shall be a rear yard on every lot which rear yard shall have a minimum depth of not less than ten feet.
(G) Minimum lot areas. The minimum lot areas shall not be less than as follows:
(1) One-family dwelling - 10,000 square feet.
(2) Two-family dwelling - 15,000 square feet.
(H) Minimum lot widths.
(1) One-family dwelling - the minimum lot width shall be 75 feet.
(2) Two-family dwelling - the minimum lot width shall be 120 feet.
(I) Minimum living areas.
(2) Two-family - 1,500 square feet total.
(3) Multi-family:
(a) Efficiency suite - 500 square feet per unit.
(b) One-bedroom apartment - 650 square feet per unit.
(c) Two-bedroom apartment - 800 square feet per unit.
(d) Three-bedroom apartment - 1,050 square feet per unit.
(e) Four or more-bedroom apartment - 1,300 square feet per unit.
(J) Site plan review. All multi-family uses permitted under division (I) of this section shall be permitted only after the review and approval of the site plans by the Planning Commission and upon finding by the Planning Commission that the following general requirements will be met. In the interest of the community and surrounding development, the Planning Commission may seek expert advice and recommendations as to whether a proposed multi-family project will meet the requirements listed below. The cost of securing such expert assistance shall be borne by the applicant.
(1) The site plan shows that a proper relationship does exist between thoroughfares, service roads, driveways, and parking areas to encourage pedestrian and vehicular traffic safety.
(2) All the development features including the principal buildings, open spaces, service roads, driveways, and parking areas are so located and related as to minimize the possibility of any adverse effects upon adjacent development.
(3) The site plan includes adequate provision for the screening of parking areas and active recreation areas from surrounding properties by landscaping and/or ornamental wall or fence.
(4) The nature and material requirements for grading and surface drainage shall be determined and approved by the Village Engineer.
(5) The design and construction standards of all private streets, driveways, and parking areas are to be built following approval of plans by the Village Engineer.
(6) Maximum possible privacy for each apartment shall be provided through good design and use of proper building materials and landscaping. Visual privacy should be provided through structural screening and landscaping treatment. Auditory privacy should be provided through soundproofing.
(7) The architectural design of apartment buildings should be developed with consideration given to the relationship of adjacent development in terms of building height, mass, texture, line and pattern and character.
(8) Building location and placement should be developed with consideration given to minimizing removal of trees and change of topography.
(9) Television and other antennas shall be centralized.
(10) On-site circulation shall be designed to make possible adequate fire and police protection.
(11) In large parking areas, visual relief shall be provided through the use of trees planted and landscaped dividers, islands, and walkways. No parking or service areas shall be permitted between any street the main building.
(12) Paved off-street parking and service areas shall be required; parking spaces shall contain at least 200 square feet being 10' x 20' and two spaces per dwelling unit in each apartment building; and paved vehicular access drives of at least ten feet in width shall be required for parking areas of ten vehicles or less capacity, and two-way drives of 20 feet paving width minimum shall be required for parking areas of one or more vehicle capacity.
(13) The use, placement and dimensions of all buildings, driveways, sidewalks, parking areas, curb cuts, recreation areas, and the installation of landscaping, fences and walks shall conform to the approved site plan.
(Ord. passed 12-11-90; Am. Ord. 12, passed 4-5-00; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999
(A) Uses permitted. Except as otherwise provided in this chapter, no building or premises in the R-3 Residential District shall hereafter be erected, altered, used, arranged or designed to be used in whole or in part for any other purpose or in any other manner than as follows:
(1) All uses permitted in R-2 Residential District.
(2) Multi-family dwellings.
(1) Churches and other buildings for the purpose of religious worship subject to § 152.113(A), (C), (G), (K), (L), and (M).
(5) Institutions for human care - hospitals, clinics, sanitariums, convalescent homes, nursing homes, child day care centers, homes for the aged and philanthropic institutions subject to § 152.113 (A), (B), (C), (E), (G), (I), (K), and (M).
(6) Governmentally owned and/or operated buildings or facilities subject to § 152.113(A), (B), (C), (D), (E), (K), and (M).
(7) Governmentally owned parks and/or playgrounds subject to § 152.113(A), (B), (C), (D), (E), (K), and (M).
(8) Quasi-public, institutionally, or organizationally owned and/or operated recreational, instructional, and meeting facilities, such as those developed and used by the Y.M.C.A., Y.W.C.A., Boy Scouts, or various fraternal or community service groups, subject to § 152.113(I), (K), (M), and (W).
(C) Height. No dwelling shall exceed 25 feet or two stories in height. Other permitted buildings, except accessory buildings, may be built to a greater height provided any such building sets back from every street and lot line one foot for each foot of height of the building in excess of 25 feet in addition to the other yard and setback requirements herein specified.
(D) Front yard. There shall be a front yard not less than 30 feet in depth except that where there are four or more existing structures in the same block and on the same side of the street as the proposed structure, the Building and Zoning Inspector or Clerk-Treasurer shall reduce the depth of the front yard to the average depth of the front yards of the existing buildings. On a corner lot the front yard requirements shall be observed on both streets.
(E) Side yards. There shall be a side yard not less than 15 feet in width on each side of the principal dwelling for multi-family dwellings.
(F) Rear yards. There shall be a rear yard on every lot which rear yard shall have a minimum depth of not less than ten feet.
(G) Minimum lot areas. The minimum lot areas shall not be less than as follows: Multi-family dwelling - 18,000 square feet for the first three units and 2,500 square feet for each additional one bedroom or efficiency unit, or 3,500 square feet for each additional two-bedroom unit, or 5,000 square feet for each additional three or more-bedroom unit.
(H) Minimum lot widths. Multi-family dwelling - The minimum lot width shall be 150 feet.
(I) Minimum living areas. Multi-family:
(1) Efficiency suite - 500 square feet per unit.
(2) One-bedroom apartment - 650 square feet per unit.
(3) Two-bedroom apartment - 800 square feet per unit.
(4) Three-bedroom apartment - 1,050 square feet per unit.
(5) Four or more-bedroom apartment - 1,300 square feet per unit.
(J) Site plan review. All multi-family uses permitted under division (I) of this section shall be permitted only after the review and approval of the site plans by the Planning Commission and upon findings by the Planning Commission that the following general requirements will be met. In the interests of the community and surrounding development, the Planning Commission may seek expert advice and recommendations as to whether proposed multi-family project will meet the requirements listed below. The cost of securing such expert assistance shall be borne by the applicant.
(1) The site plan shows that a proper relationship does exist between thoroughfares, service roads, driveways, and parking areas to encourage pedestrian and vehicular traffic safety.
(2) All the development features including the principal buildings, open spaces, service roads, driveways, and parking areas are so located and related as to minimize the possibility of any adverse effects upon adjacent development.
(3) The site plan includes adequate provision for the screening of parking areas and active recreation areas, from surrounding properties by landscaping and/or ornamental wall or fence.
(4) The nature and material requirements for grading and surface drainage shall be determined and approved by the Village Engineer.
(5) The design and construction standards of all private streets, driveways, and parking areas are to be built following approval of plans by the Village Engineer.
(6) Maximum possible privacy for each apartment shall be provided through structural screening and landscaping treatment. Auditory privacy should be provided through sound proofing.
(7) The architectural design of apartment buildings should be developed with consideration given to the relationship of adjacent development in terms of building height, mass, texture, line, and pattern and character.
(8) Building location and placement should be developed with consideration given to minimize removal of trees, and change of topography.
(Ord. 12, passed 4-5-00; Am. Ord. 2018-80, passed 11-20-18)
(A) Uses permitted. Except as otherwise provided in this chapter, no building or premises in C-1 Commercial District shall hereafter be erected, altered, used, arranged, or designed to be used, in whole or in part, for any other purposes or in any other manner than as follows:
(1) The retail sale or handling of food and beverages of all kinds, including sale for consumption on the premises.
(2) The retail sale of general merchandise, including department stores.
(3) Professional and personal services.
(4) Office buildings and banks.
(5) Appliance repair shops.
(6) Custom tailors, laundry or dry cleaning, collection offices, self-service laundries, hand laundries, and shoe repair shops.
(7) Dry cleaning, pressing, or tailoring in which non-toxic, non-explosive, and non-inflammable solvents are used and no work is done on the premises for retail outlets elsewhere.
(8) Car lots in compliance with Ohio Revised Code Chapter 4517, entitled “Motor Vehicle Dealers, Auction Owners, and Sales Persons,” as amended, and public garages, provided that no lighting there shall constitute a nuisance or in any way impair safe movement of traffic on any street or highway and that such developments shall be located on major thoroughfares or at intersections of major and/or collector thoroughfares.
(9) Newspapers and print shops.
(10) Advertising signs that are limited to advertising the goods sold or services rendered on the premises and which further comply with § 150.218.
(11) Amusement and recreation: assembly hall, bowling alley, dance hall, pool and billiards, theater, card room, or other social or recreation center, provided the place or building in which same is located is sufficiently soundproofed so as not to constitute a nuisance or imposition upon adjacent premises users or the public generally.
(12) Schools, libraries, museums, community centers, government buildings, and places of worship.
(13) Any use commonly and necessarily incident to a use authorized by this section.
(15) All uses permitted in R-1, R-2, and R-3 Districts.
(1) Churches and other buildings for the purpose of religious worship subject to § 152.113(C), (G), and (I).
(4) Clubs, lodges, fraternal charitable or social organizations subject to § 152.113(C), (D), and (E).
(6) Gasoline service (filling) stations, subject to division (A)(8) of this section and § 152.113(G), (O), (Q), and (X).
(C) Height. No structure shall exceed 45 feet in height unless approved by the Municipal Fire Department and certified by the Board of Zoning Appeals.
(D) Front yard. Every structure shall have a front yard of no less than 30 feet in depth. On corner lots the front yard requirements shall be observed on both streets.
(E) Side yard. Every structure shall have a side yard of no less than ten feet in width on each side; except that where this structure is part of an integral complex, the Zoning Board of Appeals may eliminate this requirement.
(F) Minimum rear yard depth. Forty feet except that no rear yard shall be required where the business use abuts on a public parking area specifically intended to serve the particular business use and other commercial establishments abutting on the parking area.
(G) Loading and unloading space. Every structure shall be provided with adequate space for the loading and unloading of trucks and other vehicles serving proposed structure, provided, however, that the Board of Zoning Appeals may modify or waive this requirement were such space is not needed.
(H) Off-street parking. Off-street parking facilities shall be provided in accordance with § 152.024.
(I) Site plan review and conformance. All business uses specified under divisions (A) and (B) of this section shall be permitted only after the review and approval of the site plans by the Planning Commission and upon finding, by the Commission, that the specific standards set forth in this section and the requirements of §§ 152.015 through 152.029, and § 150.218 with the exception of § 152.017(C), will be met.
(Ord. passed 12-11-90; Am. Ord. 12, passed 4-5-00; Am. Ord. 2018-80, passed 11-20-18; Am. Res. 2019-60, passed 6-19-19; Am. Ord. 2019-63, passed 8-21-19) Penalty, see § 152.999
(A) Purpose. The purpose of the CB Central Business District is to provide for the planned and integrated grouping of commercial land uses; especially retail sales, services, and professional offices which incorporate innovative site plan designs and techniques which take the full economic advantage of the existing site while maintaining an overall compatibility with the Mogadore downtown marketing area.
(B) Application. Where there are differences between the regulations contained in this section and regulation occurring in the other sections of this chapter, the regulations contained in this section shall apply.
(C) Uses permitted. All permitted uses specified in the C-1 Commercial District.
(E) Maximum building height. No structure shall exceed 45 feet in height unless approved by the Municipal Fire Department and certified by the Board of Zoning Appeals.
(F) Lot requirements:
(1) Minimum lot area: none.
(2) Minimum lot width at building line: none.
(3) Minimum lot frontage: none.
(G) Yard requirements:
(1) Minimum front yard depth: none.
(2) Minimum lot width at building line: none.
(3) Minimum side yard width: none.
(4) Front yard and side yard requirement adjacent to residential districts: The minimum front yard depth and side yard width abutting a residential district shall not be less than the yard requirement of the said residential district.
(H) Loading and unloading space. Every structure shall be provided with adequate space for the loading and unloading of trucks and other vehicles serving proposed structure, provided, however, that the Board of Zoning Appeals may modify or waive this requirement where such space is not needed.
(I) Off-street parking. Off-street parking facilities shall be provided in accordance with § 152.024.
(J) Site plan review and conformance. All business uses specified under divisions (C) and (D) of this section shall be permitted only after the review and approval of the site plans by the Planning Commission and upon finding, by the Commission, that the specific standards set forth in this section and the requirements of §§ 152.015 through 152.029 and § 150.218, with the exception of § 152.017(C), will be met.
(1) The Planning Commission shall act to protect and preserve the value, appearance and use of property on which buildings are constructed or altered within the Central Business District, to maintain a high character of community development, to protect the public health, safety and convenience and welfare and to protect real estate within such district from impairment or destruction of value. Such purposes shall be accomplished by the Commission by reasonably regulating, within the district and in accordance with accepted and recognized architectural principals; the design, use of materials, finished grade lines, dimensions, orientations and location of all main and accessory buildings to be created, moved, altered, remodeled or repaired, subject to the provisions of all applicable zoning and building codes and other applicable ordinances of the village. In reviewing, regulating and approving building plans, the Commission shall consider and take cognizance of the development of adjacent, contiguous and neighboring buildings and properties for the purpose of achieving safe, harmonious and integrated development of related properties.
(Ord. passed 12-11-90; Am. Ord. 12, passed 4-15-98; Am. Ord. 2010-68, passed 1-17-10; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999
(A) Uses permitted. Except as otherwise provided in this chapter, no building or premises in the I-1 Industrial District shall hereafter be erected, altered, used, arranged or designed to be used, in whole or in part, for any other purpose or in any other manner than as follows:
(1) The retail sale or handling of food and beverages of all kinds, including sale for consumption on the premises.
(2) Office buildings and laboratories, provided that no operation shall be conducted or equipment used which would create hazards, noxious or offensive conditions.
(3) Laundry and dry-cleaning plants, provided that no operation shall be conducted closer than 100 feet to any R-District.
(4) Repair shops.
(5) Public garages, or service stations, or lots or garages for the sale and repair of new or used motor vehicles.
(6) The manufacture, compounding, assembly or treatment or articles or merchandise from the following previously prepared materials: Aluminum, bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, precious or semi-precious metals or stones, shell, rubber, tin tobacco, wood (excluding saw mills), tars and paint not involving a boiling process.
(7) The manufacture, compounding, processing, packing, or treatment of such products as candy, cosmetics, drugs, perfumes, pharmaceuticals, toiletries, and food products except the rendering or refining of fat and oils.
(8) The manufacture of pottery or figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas.
(9) Foundry casting light-weight metals and not causing noxious fumes or odor.
(10) Lumber yards for retail lumber sales.
(11) Planing mills.
(12) Coal yards, brick and tile yards, for retail sales.
(13) Machine shop or other metal working shop excluding drop hammers or other noise-producing machinery.
(14) Warehousing.
(15) Grain elevators.
(16) Any use commonly and necessarily incident to a use authorized by this section.
(B) Conditionally suggested uses. Council may issue conditional zoning certificates for uses listed herein, subject to the general requirements referred to below:
(1) Sales offices provided that there shall be no display of any actual product for sale except in accordance with the following regulations. No display will be in an exterior show window and the total area devoted to display including the objects displayed and the floor space set aside for persons observing the displayed objects shall not exceed 20% of the usable floor area of the establishment using the display of an actual product for sale as a sales procedure; provided there shall be no outdoor storage of goods or materials regardless of whether or not they are for sale; and provided further that there shall be no warehousing or in the indoor storage of goods or material beyond that normally incidental to such an office.
(2) Experimental or testing laboratories provided that no physical effect of the experimental or testing activity can be detected beyond the confines of the building in which the activity is located; and provided that no exterior structural element of the building in which the activity is located shall appear to be other than just normally incidental to an office use.
(3) Any other office, research, or similar use which the Commission finds to be: consistent with the purposes of the article; and of a character which will not impair the use of adjacent properties.
(7) Uses and structures permitted under § 152.047, C-1 Commercial District, provided such buildings and uses conform with the requirements and restrictions of said § 152.047 and notwithstanding such requirements and restrictions may be more permissive or less restrictive than those set forth in this section. The conditional zoning certificates that may be issued by Council for such commercial buildings and uses shall be subject to the requirements of §§ 152.111, 152.112 and 152.114.
(C) Height. No structure shall exceed 45 feet in height unless approved by the Municipal Fire Department and certified by the Board of Zoning Appeals.
(D) Front yard. Every structure shall have a front yard of no less than 50 feet in depth. On corner lots the front yard requirements shall be observed on both streets.
(E) Side yard. Every structure shall have a side yard no less than 100 feet in depth.
(F) Rear yard. Every structure shall have a rear yard of not less than 100 feet in depth.
(G) Loading and unloading. Every structure shall be provided with adequate space for the loading and unloading of all vehicles serving the proposed structure, provided however, that the Board of Zoning Appeals may modify or waive this requirement where such space is not needed.
(H) Off-street parking. Off-street parking facilities shall be provided in accordance with § 152.024. Parking for only those industries located within the municipal limits will be allowed in such industrial area.
(I) Site plan review and conformance. All industrial uses specified under divisions (A) and (B) of this section shall be permitted only after the review and the approval of the site plans by the Planning Commission and upon finding by the Commission that the specific standards set forth in this section and the requirements of §§ 152.015 through 152.029 and § 150.218 will be met.
(J) Industrial parks. The industrial parks approach to the development of industrially zoned areas is greatly encouraged. The regulations of the Village Zoning Ordinance may be modified by the degree necessary to accomplish the objectives and guidelines required for industrial parks (see Design Guidelines for the Mogadore Industrial Park). Nothing, however, shall exempt the developer from the requirements of subdivision plat approval as specified in §§ 151.020 through 151.023 of the Subdivision Regulations.
(Ord. passed 12-11-90; Am. Ord. 4, passed 1-20-99; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999
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