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§ 153.002  DEFINITIONS.
   (A)   All words used in the present tense shall include the future tense; all words in the singular number shall include the plural number; and all words in the plural number shall include the singular number unless the natural construction of the wording  indicates otherwise; the words “used for” shall include the meaning “designed for”; the word “structure” shall include the word “building”; the word “lot” shall include the words “plot” and “tract” and the word “shall” is mandatory.
   (B)   For the purpose of this chapter the following definitions shall apply unless the context clearly  indicates or requires a different meaning.
   ACCESSORY BUILDING.  A subordinate use of building customarily incident to and located upon the same lot occupied by the main use of building.
   ALLEY. A roadway which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
   APARTMENT.  A room or suite of one or more rooms in a multiple dwelling intended for use as a residence by a single family.
   APARTMENT HOUSE.  See DWELLING, MULTIPLE.
   BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
   BOARDING HOUSE. A building other than a hotel, where meals are served for compensation.
   BUILDING.  See STRUCTURE.
   BUILDING, HEIGHT OF.  The vertical distance from the average sidewalk grade or street grade or finished grade at the building line, whichever is the highest, to the highest point of the building.
   COMMUNITY WATER SYSTEM.   A system of providing water to three or more residences from a common source, which system has been approved in advance by the County Health Department or the State Division of Health, Department of Human Resources and which is operated after installation according to regulations imposed or enforced by the Health Department.
   COMMUNITY SEWER SYSTEM. A system of providing sewage treatment to three or more residences, which system has been approved in advance by the County Health Department or the Environmental Management Commission,  and which is operated after installation according to regulations imposed or enforced by the County Health Department.
   CONVENIENCE STORE. A store selling a limited variety of food, pharmaceutical items and automobile related services; open extended hours for the convenience of customers.
   DEVELOPMENT. Any human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging,  filling, grading, paving, excavation or drilling operations.
   DWELLING, SINGLE-FAMILY. A building or portion thereof designed for living or sleeping purposes and occupied exclusively by one family.
   DWELLING, MULTIPLE. A building or portion thereof used or designed as a residence for two or more families living independently of each other.
   FAMILY. Any number of individuals living together as a single housekeeping unit.
   FILLING STATION.  See SERVICE STATION.
   FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from:
      (1)   The overflow of inland or tidal waters; and
      (2)   The unusual and rapid accumulation or runoff of surface waters from any source.
   FLOODPLAIN or FLOODPRONE AREA.  Any land susceptible to being inundated by water from any source (see definition of FLOOD).
   FLOODPROOFING. Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
   FRONTAGE.  All the property abutting on one side of a street between two intersecting streets, measured along the street line.
   GARAGE, PRIVATE. A building or space used as an accessory to or a part of the main building permitted in any residence district and providing for the storage of motor vehicles and in which no business, occupation or service for profit is in any way conducted.
   GARAGE, PUBLIC. Any building or premises, except those described as a private or storage garage, used for the storage or care of motor vehicles or where any such vehicles are equipped for operation, repaired or kept for remuneration or hire or sale.
   GARAGE, STORAGE. Any building or premises, other than a private or public garage, used exclusively for the parking or storage of motor vehicles.
   GUEST HOUSE (TOURIST HOME). Any dwelling occupied by owner or operator in which rooms are rented for guests and for lodging of transients and travelers for compensation.
   HABITABLE FLOOR. Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation or a combination thereof. A floor used only for storage purposes is not a HABITABLE FLOOR.
   HOME OCCUPATION. Any profession or occupation carried on by a member of a family or a member of a recognized profession residing on the premises, provided that no merchandise or commodity is sold on the premises and that no mechanical equipment is installed or used except such that is normally used for domestic or professional purposes and provided further that not over 25% of the total floor area of any structure is used for home occupational or professional purposes.
   HOTEL (MOTEL). A building or other structure kept, used, maintained, advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay to transient or permanent guests or tenants, where rooms are furnished for the accommodation of such guests; and having or not having one or more dining rooms, restaurants or cafes where meals or lunches are served to such transient or permanent guests, such sleeping accommodations and dining rooms, restaurants or cafes, if existing, being conducted in the same building or buildings in connection therewith.
   INTERNET CAFÉ. An “internet café,”  “cybercafe,” “electronic gaming operation” or “sweepstakes center” or by what other terminology such establishment might be known, is for a profit business enterprise, whether as a principal or an accessory use, where three or more electronic machines can be utilized, including but not limited to, computers and gaming terminals and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. This term includes, but is not limited to those establishments where one can use a computer with internet access, usually for a fee on a per hour or per minute basis; or unmetered access with a pass for a day, month and the like. The establishment may serve as a regular café, as well, with food and drinks being served. This does not include any lottery approved by the state or any nonprofit operation that is otherwise lawful under state law for example, church or civic organization fundraisers
   LIVESTOCK OR POULTRY FACILITY.  Any building or other facility used for feeding, breeding, incubating, holding or raising livestock or poultry of any kind or description.  If the facility has a soil floor, it shall be completely enclosed with walls and roof.  If it is not completely enclosed with walls and roof, it shall have a permanent, non-soil floor of either concrete or metal construction.
   LOT.  A parcel of land in single ownership occupied or intended for occupancy by a building together with its accessory buildings including the open space required under this chapter. For the purpose of this chapter, the word LOT shall be taken to mean any number of contiguous lots or portions thereof upon which one or more main structures for a single use are to be erected.
   LOT, CORNER. A lot abutting upon two or more streets at their intersection.
   LOT OF RECORD.  A lot which is a part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds of the county or a lot described by metes and bounds, the description of which has been recorded in the Office of the Register of Deeds of the county.
   LOT, DEPTH. The depth of a lot, for the purpose of this chapter, is the distance measured in the mean direction of the side lines of the lot from the midpoint fo the front lot line to the midpoint of the opposite main rear line of the lot.
   LOT, INTERIOR. A lot other than a corner lot.
   LOT LINES. The lines bounding a lot.
   LOT, THROUGH. An interior lot having frontage on two streets.
   MOBILE HOME. Any vehicle, house car, camp car, mobile home or any other portable or movable vehicle on wheels, skids, rollers or blocks including any such vehicle which has been mounted on a foundation or other stationary supports, either self-propelled or propelled by any other means, which is used or designed to be used for residential living, sleeping, commercial or utility purposes, but not including those vehicles primarily designed for the transportation of goods.  MOBILE HOME also means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities.  It does not include recreational vehicles or travel trailers.
   MOBILE HOME PARK OR COURT.  Land used or intended to be used, leased or rented for occupancy by two or more trailers or mobile homes which are mounted on wheels anchored in place by a foundation or other stationary supports, to be used for living or commercial quarters of any kind, together with automobile parking space and incidental utility structures and facilities required and provided in connection therewith. This definition shall not include trailer or mobile home sales lots on which unoccupied trailers or mobile homes are parked for purposes of inspection and sale.
   MODULAR HOME.  A home of modular or manufactured construction with a minimum of 1,250 square feet of heated space which has an A-roof covered with asphalt or fiberglass shingles from which the tongue, wheels and axles, if any, have been permanently removed and which has been set on a permanent, mortared foundation, with brick underpinning.
   NONCONFORMING USE. A building or land occupied by a use that does not conform with the regulations of the use zone in which it is situated.
   PARKING LOT. An area or plot of land used for the storage or parking of vehicles.
   PRIVATE STORAGE FACILITY.  Any building or premises, other than a private or public garage, used for the parking or storage of vehicles or equipment owned by the business occupying the building or premises. Vehicles or equipment owned by a third party may not be parked or stored on the premises for more than 24 consecutive hours.
   REPAIR SHOP. Any building or enclosed space used for the repair of vehicles or equipment owned by the business occupying said building or space.  Vehicles or equipment owned by a third party may not be repaired on the premises.  Except for emergency repairs, repairs must be performed inside the enclosed building.
   RIVERINE.   Relating to, formed by or resembling a river (including tributaries), stream, brook and the like.
   SERVICE STATION.  A building or lot where gasoline, oil, greases and accessories are supplied and dispensed to the motor vehicles trade, also where battery, tire and other similar services are rendered.
   STABLE, PRIVATE.  A stable with a capacity of not more than one horse for each 3,500 square feet of lot area whereon such stable is located and where such horses are owned by the owners or occupants of the premises and are not kept for remuneration, hire or sale.
   STABLE, PUBLIC.  A stable other than a private stable.
   STORY.  The portion of a building included between the surface of any floor and the surface of the next floor above it or if there be no floor above it, then the space between such floor and the ceiling next above it. In computing, the height of building, the height of basement or cellar, if below grade, shall not be included.
   STREAM BUFFER. An area of natural or planted perennial vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The BUFFER is measured landward from the normal pool elevation of impounded structures and from the bank of each of streams and rivers.
   STREET.  A thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley.
   STREET LINE. The line between the street and abutting property.
   STRUCTURE. Anything constructed or erected, the use of which requires location on the land or attachment to something having a permanent location on the land.  STRUCTURE means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile home.
   STRUCTURAL ALTERATIONS. Any change,  except for repair or replacement, in the supporting members of a building, such as bearing walls, columns, beams or girders.
   SUBSTANTIAL  IMPROVEMENT. Any  repair, reconstruction,  or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or if the structure has been damaged and is being restored,  before the damage occurred. For the purposes of this definition, SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing  state or local health, sanitary, or safety code specifications which are solely necessary to assure  safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
   TOURIST HOME.  See GUEST HOUSE.
   USED CAR JUNK YARD. A lot or group of contiguous lots used for the dismantling or wrecking of used automobiles or the storage, sale or dumping of dismantled or wrecked cars or their parts.
   VARIANCE. A grant of relief by a community from the terms of a floodplain management regulation.
   YARD. An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees or shrubbery or as otherwise provided herein.
   YARD, FRONT. A yard across the full width of the lot, extending from the front line of the building to the front line of the lot, excluding steps and unenclosed porches, but including covered porches.
   YARD, SIDE.  An open unoccupied space on the same lot with a building between the building and the side line of the lot extending through from the front building line to the rear yard or to the rear line of the lot, where no rear yard is required.
   YARD, REAR.  A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building.
(1993 Code, § 91.002)  (Res. passed 4-30-2001; Ord. passed 2-6-2006; Ord. passed 12-3-2012)
§ 153.003  MINIMUM REQUIREMENTS.
   In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any  easements,  covenants, or  other  agreements  between  parties; provided,  however,  that  where  this  chapter  imposes  a  greater restriction upon the use of buildings or premises or upon the height of buildings,  or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this chapter shall govern.
(1993 Code, § 91.003)
ZONE REGULATIONS
§ 153.015  ZONES AND BOUNDARIES.
   (A)   In order to regulate and limit the height and size of buildings; to regulate and limit the intensity of the use of lot areas; to regulate and determine the areas of open spaces surrounding buildings; to classify, regulate and restrict the location of trades and industries; and the location of buildings designed for specified industrial, business, residential and other uses of the town, the town is hereby divided into zones, of which there shall be nine, known as:
      (1)   R8 Residential Zone;
      (2)   R6 Residential Zone;
      (3)   R5 Residential Zone;
      (4)   R4 Residential Zone;
      (5)   RA20 Residential-Agricultural Zone;
      (6)   Community Shopping Zone;
      (7)   Business Zone;
      (8)   Industrial Zone; and
      (9)   Flood Zone A.
   (B)   The boundaries of the zones are shown upon the map or maps accompanying this chapter and made a part hereof.  The zoning map or maps and all the notations, references and all amendments thereto and other information shown thereon are hereby made a part of this chapter the same as if such information set forth on the map or maps were all fully described and set out herein.  The zoning map or maps properly attested are on file in the office of the Town Clerk and are available for inspection by the public.  In the creation, by this chapter, of the respective zones, the Board of Commissioners has given due and careful consideration to the peculiar suitability of each and every such zone for the particular regulations applied thereto and the necessary, proper and comprehensive groupings and arrangements of the various uses and densities of population in accordance with a well considered plan for the development of the town.
   (C)   The boundaries of such zones as are shown upon the map adopted by this chapter are hereby adopted and the provisions of this chapter governing the use of land and buildings, the height of buildings, building site areas, the sizes of yards about buildings and other matters as hereinafter set forth, are hereby established and declared to be in effect upon all land included within the boundaries of each and every zone shown upon said map.
      (1)   All zones shall be mutually exclusive except for the Flood Zone. The Flood Zone is that area subject to flooding which may occur in any of the other eight zones and which is shown on the separate map properly attested on file in the office of the Town Clerk.
      (2)   Where uncertainty exists as to boundaries of any zone shown on said map, the following rules shall apply.
         (a)   Where  such zone boundaries are  indicated as approximately following street lines, alley lines and lot lines, such lines shall be construed to be such boundaries.
         (b)   In unsubdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions,  shall be determined by use of the scale appearing on the map.
         (c)   In case any further uncertainty exists, the Board of Adjustment shall interpret the intent of the map as to location of such boundaries.
         (d)   Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.
   (D)   Except as hereinafter provided, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used which does not comply with all the zone regulations established by this chapter for the zone in which the building or land is located.
      (1)   The minimum yards and other open spaces including the intensity of use provisions contained in this chapter for each and every building hereinafter erected or structurally altered, shall not be encroached upon or considered as yard or open space requirements or intensity of use requirements for any other building.
      (2)   Every building hereafter erected or structurally altered shall be located on a lot and in no case shall there be more than one main building and the customary accessory buildings on the lot.
      (3)   Every lot to be built upon shall abut a public street or other public way and no dwelling shall be built upon a lot which does not abut a public street or other public way.
(1993 Code, § 91.015)
§ 153.016  R8 RESIDENTIAL ZONE.
   In this zone, a building or land shall be used only for one or more of the following purposes.
   (A)   Uses permitted.
      (1)   Single-family dwellings, excluding mobile homes and mobile home parks;
      (2)   Public primary and secondary schools and private schools having the same or similar curriculum as ordinarily given in the public schools;
      (3)   Hospitals, except animal hospitals, operated for the treatment of chronic alcoholics, the insane, infectious diseases or narcotic patients;
      (4)   Churches and church bulletin board,  lighted or unlighted, not exceeding four square feet in area;
      (5)   Municipally owned parks,  playgrounds and recreation centers; parks, playgrounds and recreation centers owned and operated by nonprofit civic organizations;
      (6)   Golf, swimming, tennis and other private clubs not open to the general public and operated for the mutual recreation of members and not operated as a business for profit. Provided, however, that any swimming or tennis club is located on a parcel of land not less than one acre in size;
      (7)   Accessory uses and buildings customarily or necessarily incident to any of the above specified uses, including a private garage or servants’ quarters, private swimming pool and noncommercial truck garden. An accessory use shall be situated on the same lot or premises as the primary use to which it is accessory; and
      (8)   Home occupation as defined in § 153.002.
   (B)   Building height limit. No structure shall exceed 35 feet in height unless the depth of front and total width of side yards required herein shall be increased five feet for each ten feet or fraction thereof, of building height in excess of 35 feet.
   (C)   Building site area required, residences. The minimum building site area shall be one lot or parcel of land 8,000 square feet in area for each main building. Such parcel of land shall have an average width of at least 75 feet.  When a lot or parcel of land has an area of less than the above required minimum area and width and was of record at the time of passage of this chapter, said lot may be occupied by one family; provided, however, that the minimum side, front and rear yard requirements set out in this section are conformed to.
   (D)   Front yard required.
      (1)   There shall be a front yard having a depth of not less than 35 feet measured from the front property line to the front line of the main building.  Where lots comprising 25% or more of the frontage on the same street within the block are already developed, an average front yard shall be computed for the existing buildings. No building hereafter erected or structurally altered shall project beyond the average front yard so established, provided this regulation shall not be so construed as to require a front yard depth of more than 35 feet. Provided, further, no front yard depth need exceed the average provided for the two adjoining buildings, one on either side thereof, if such two adjoining buildings  are less  than 200 feet apart. Provided, further, that when the geographic grade or contour of the lot is such that compliance with this section is impossible or will impose an undue hardship upon the property owner, the Board of Adjustment will establish a front yard depth suitable and practical for such lot.
      (2)   Where lots have a double frontage, the required front yard shall be provided on both streets.
   (E)   Side yard required. There shall be a side yard on each side of the main building having a width of not less than ten feet and the total width of such two side yards shall not be less than 20 feet.
   (F)   Corner lots. On corner lots, the side yard regulations shall apply to the street side of the lot except in the case where the corner lot faces an intersecting street.  In this case, there shall be a side yard on the street side of the corner lot of not less than 50% of the front yard required on lots in the rear of such corner lot and no accessory building on said corner lot shall extend beyond the front yard line of the lots in the rear; provided, further, that this regulation shall not be so interpreted as to reduce the building width of a corner lot facing an intersecting street and as of record at the time of the passage of this chapter to less than 28 feet, nor to prohibit the erection of an accessory building where this regulation cannot reasonably be complied with.
   (G)   Signs. A billboard, signboard or advertising sign shall in no case be permitted as an accessory use.  The placing of a “for sale” or “for rent” sign not exceeding four square feet in area shall, however, be permitted.  Signs not exceeding one square foot in area shall be permitted in connection with a home occupation as defined in § 153.002.
(1993 Code, § 91.016)  Penalty, see § 153.999
§ 153.017  R6 RESIDENTIAL ZONE.
   In this zone, a building or land shall be used only for one or more of the following purposes:
   (A)   Uses permitted.
      (1)   Any use permitted in the R8 Residential Zone;
      (2)   Modular homes;
      (3)   Multi-family dwellings, excluding mobile homes and mobile home parks;
      (4)   Guest houses and boarding houses;
      (5)   Nursing homes, convalescent homes and homes for the aged;
      (6)   Public and private cemeteries;
      (7)   Accessory buildings and uses customarily incident to any of the above permitted uses; and
      (8)   Notwithstanding the prohibition above against the sale of merchandise or commodities as a part of a home occupation, in the R6 Residential Zone, a greenhouse may be maintained for the purpose of growing and selling plants, subject to the following restrictions.
         (a)   The square footage of the greenhouse shall not exceed 504 square feet.
         (b)   Sales shall be limited to plants  grown and propagated in the greenhouse and shall not be used for the purpose of selling plants grown or propagated at other sites.
         (c)   Sales from the greenhouse shall not exceed the annual gross amount of $5,000. The owner of the greenhouse shall file with the Town Clerk a sworn affidavit on February is in each year setting forth the gross sales for the previous calendar year.
         (d)   The greenhouse must be located on the lot where the owner’s house is situated.
         (e)   The greenhouse shall be located on the lot in such a manner as to not distract from the overall appearance of the neighborhood and shall be maintained by the owners in neat and orderly fashion.
         (f)   Violation of any provision herein shall constitute grounds for prohibition of further sales from the greenhouse as well as all other criminal and civil penalties provided by the zoning ordinance. A false gross sales affidavit shall also constitute grounds for prohibition of further sales as well as other criminal and civil penalties as provided by law.
   (B)   Building height limit. No structure shall exceed 35 feet in height unless the depth of front and total width of side yards required herein shall be increased five feet for each story,  or fraction thereof, of building height in excess of 35 feet.
   (C)   Building  site  area  required  for  one-  and  two-family residences.  The minimum building site area shall be one lot or parcel of land 6,000 square feet in area for each main building. Such parcel of land shall have an average width of at least 60 feet at the front building line.  When a lot or parcel of land has an area of less than the above required minimum area and width and was of record at the time of passage of this chapter, said lot may be occupied by one family; provided, however, that the minimum side and front yard requirements set out in this section are conformed to provided, however, that duplexes or other multi-dwelling units shall, in addition to the above area requirements, increase the minimum building site area as follows: for each additional family unit in excess of the first family unit, 3,000 square feet per family, in addition to the 6,000 square feet required above.
   (D)   Front yard required.
      (1)   There shall be a front yard having a depth of not less than 25 feet measured from the front property line to the front line of the main building.  Where lots comprising 25% or more of the frontage on the same street within the block are already developed, an average front yard shall be computed for the existing buildings. No buildings hereafter erected or structurally altered shall project beyond the average front yard so established, provided this regulation shall not be so construed as to require a front yard depth of more than 25 feet provided,  further, no front yard depth need exceed the average provided for the two adjoining buildings, one on either side thereof, if such two adjoining buildings are less than 200 feet apart. Provided, further, that when the geographic grade or contour of a lot is such that compliance with this section is impossible or will impose an undue hardship upon the property owner, the Board of Adjustment will establish a front yard depth suitable and practical for such lot.
      (2)   Where lots have a double frontage, the required front yard shall be provided on both streets.
   (E)   Side yard required.  There shall be a side yard on each side of the main building having a width of not less than eight feet and the total width of the side yards shall not be less than 16 feet.  No accessory building on a corner lot shall extend beyond the front yard line of the lots in rear thereof; provided,  further,  that this regulation shall not be so interpreted as to reduce the building width of a corner lot facing an intersecting street and as of record at the time of the passage of this chapter to less than 28 feet, nor to prohibit the erection of an accessory building where this regulation cannot be complied with.
   (F)   Signs. A billboard, signboard or advertising sign shall in no case be permitted as an accessory use.  The placing of a “for sale” or “for rent” sign not exceeding four square feet in area shall, however, be permitted. Signs not exceeding one square foot in area shall be permitted in connection with a home occupation as defined in § 153.003.
(1993 Code, § 91.017)  Penalty, see § 153.999
§ 153.018  R5 RESIDENTIAL ZONE.
   In this zone, mobile home parks or courts shall be allowed pursuant to the following regulations.
   (A)   Each mobile home space shall be at least 40 feet wide and contain at least 5,000 square feet of ground area.
   (B)   Each mobile home shall be located at least 30 feet from any other mobile home, ten feet from any other building within the mobile home park and ten feet from all property lines.
   (C)   Each mobile home shall abut upon a paved street with a right-of-way of at least 40 feet with a minimum width of 18 feet paved, which paved street shall have direct access to a public street or road.
   (D)   One automobile space shall be provided adjacent to each mobile home and one guest automobile parking space shall be provided in the mobile home park for each two mobile home spaces.
   (E)   At least 200 square feet for each mobile home space in the park shall be provided in one or more locations for recreation purposes.
   (F)   All mobile home spaces within any mobile home park or court shall be under single ownership and no lots contained therein may be for sale to others.
(1993 Code, § 91.018)  Penalty, see § 153.999
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