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(A) The County Plan Commission shall establish a schedule of fees, charges and expenses, and a collection procedure for the administration and enforcement of this chapter. The schedule of fees shall be posted in the Zoning Administrator’s office and may be altered or amended only by the County Commissioners. No action shall be taken on any application or appeal until all fees, charges and expenses have been paid in full.
(B) This section hereby establishes the following fees, charges and expenses.
Table D: Fees and Time Tables for Requests for Permits or Hearings Request | |||
Request | Fees | Procedure | Filing Time |
Table D: Fees and Time Tables for Requests for Permits or Hearings Request | |||
Request | Fees | Procedure | Filing Time |
Improvement location permit | $50 | ||
Like use determination | $35 | 1 public hearing before the Board of Zoning Appeals (BZA) | Received by the Planning Director/Zoning Admin, office 30 days prior to next regularly scheduled Plan Commission meeting |
Sign permit | $50 | ||
Sketch plat | None | 1 meeting with the Technical Review Committee | Documentation received in Plan Commission’s office 30 days prior to next regularly scheduled Plan Commission meeting |
Special exception/ development standard land use variance | $150 | 1 public hearing before the Board of Zoning Appeals (BZA) | Received by the Planning Director/Zoning Admin. office 30 days prior to next regularly scheduled BZA meeting |
Temporary use or structure | $25 | ||
Zoning petitions (rezoning) | $500/for 2 acres, $25 more for each additional acre | 1 public hearing before Plan Commission | Received by the Planning Director/Zoning Admin. office 30 days prior to next regularly scheduled Plan Commission meeting |
(Ord. passed 7-20-1992; Ord. 2005-7-18, passed 7-18-2005)
ADVISORY PLAN COMMISSION, ADVISORY BOARD OF ZONING APPEALS
AND HEARING OFFICER
AND HEARING OFFICER
(A) Membership.
(1) The County Advisory Plan Commission is established in accordance with I.C. 36-7-4-200 et seq. The term “Commission” refers to the County Advisory Plan Commission.
(2) The County Advisory Plan Commission shall consist of nine members, as follows:
(a) One member appointed by the County Board of Commissioners Executive from its membership;
(b) One member appointed by the County Council from its membership;
(c) The County Surveyor or a qualified deputy appointed by the Surveyor;
(d) The County Agricultural Agent; and
(e) Five citizen members, of whom no more than three may be of the same political party, appointed by the County Executive.
(3) Each citizen member shall be appointed because of the member’s knowledge and experience in community affairs; the member’s awareness of the social, economic, agricultural and industrial problems of the area; and the member’s interest in the development and integration of the area. A citizen member may not hold other elective or appointive office in the municipal, county or state government, and must be a resident of the jurisdictional area of the Plan Commission.
(B) Term.
(1) The County Plan Commission was originally established by ordinance on February 8, 1965 and the ordinance provided that citizen members be appointed for the following terms of office:
(1) One for a term of one year;
(2) One for a term of two years;
(3) One for a term of three years; and
(4) Two for a term of four years.
(2) After the initial term of office of a citizen member expires, each new appointment of a citizen member shall be for a four-year term. If a vacancy occurs among the members of the Commission, the appointing authority shall appoint a member for the unexpired term of the vacating member.
(C) Conflict of interest.
(1) No member of the Commission shall participate in a hearing or decision of the Commission concerning a matter in which he or she has a direct or indirect financial interest or which for any other reason brought to the attention of the Commission, results in disqualification.
(2) The Commission shall enter in its records the fact that a regular member has such a disqualification and the name of the alternate member, if any, who participates in the hearing or decision.
(3) Any participating alternative member shall be appointed by the same body which appointed the regular member who has been disqualified.
(D) Organization.
(1) At the first meeting of each year, the Commission shall elect from its members a President and a Vice President.
(2) The Commission may appoint and fix the duties and compensation of a Secretary and those employees necessary for discharge of its duties, all in conformity to and compliance with salaries and compensations fixed by the County Commissioners and state law.
(E) Rules of procedure.
(1) The Commission shall supervise and make rules for the administration of the affairs of the Commission, and prescribe uniform rules pertaining to investigations and hearings.
(2) All meetings of the Commission shall be open to the public.
(3) The Commission shall keep minutes of its proceedings, keep records of its examinations and other official actions, prepare written findings of fact and record the vote, disqualification, abstention or failure to vote of each member upon each question.
(4) All minutes and records shall be filed in the office of the Commission and shall be a public record.
(F) Powers and duties.
(1) The Commission shall make recommendations to the County Commissioners concerning the adoption of the Comprehensive Plan, zoning regulations and amendments; and other matters, within the jurisdiction of the Commission and authorized by the Indiana Advisory Planning Law, being 36-7-4-101.
(2) The Commission shall also render decisions concerning subdivisions and PUDs, and approve plats or replats of subdivisions, and planned residential, commercial and industrial developments.
(Ord. passed 7-20-1992)
(A) Purpose.
(1) The County Advisory Board of Zoning Appeals (BZA) is hereby established in accordance with I.C. 36-7-4-900 et seq. The term “Board” refers to the County Advisory Board of Zoning Appeals.
(2) The County Advisory Board of Zoning Appeals shall have exclusive territorial jurisdiction over all matters properly before the Board from the appropriate jurisdictions in the county.
(3) The County Advisory Board of Zoning Appeals shall consist of five members.
(a) The members shall be initially appointed pursuant to state law to staggered terms:
1. One member for a three-year term;
2. Two members for a two-year term; and
3. Two members for a one-year term.
(b) Each member shall serve for a four-year term.
(c) Each appointing authority may, at any time, appoint one or more alternate members who shall be available to replace any member who becomes disqualified under state law.
(d) The terms of these members shall expire on December 31 of the last year of their designated term.
(B) Terms. The members of the County Advisory Board of Zoning Appeals shall be initially appointed and serve for the following primary terms.
(1) The Board of County Commissioners shall appoint a citizen member of the County Plan Commission who shall serve a term of one year.
(2) The Board of County Commissioners shall appoint a citizen member (not a member of the County Plan Commission) who shall serve a term of two years.
(3) The County Plan Commission shall appoint a citizen member from its own membership who shall serve a term of three years.
(4) The County Council shall appoint a citizen member (not a member of the County Plan Commission) who shall serve a term of four years.
(5) The Board of County Commissioners shall appoint a citizen member (not a member of the County Plan Commission) who shall serve a term of four years.
(C) Organization.
(1) At the first meeting of each year the Board shall elect a Chairperson and a Vice Chairperson from among its members.
(2) The Board may appoint and fix the compensation of a Secretary and those employees necessary for the discharge of its duties, all in conformity to and compliance with salaries and compensations fixed by the County Council and state law.
(D) Rules of procedure.
(1) The Board shall adopt rules concerning the filing of appeals, applications for variances and special exceptions, the giving of notice, the conduct of hearings, and other matters as required by state law or as deemed necessary or desirable by the Board.
(2) All meetings of the Board shall be open to the public.
(3) The Board shall keep minutes of its proceedings, keep records of its examinations and other official actions, prepare written findings of fact and record the vote, disqualification, abstention or failure to vote of each member upon each question.
(4) All minutes and records shall be filed in the office of the Board and shall be a public record.
(E) Findings and decisions. All decisions of the Board on all matters within its jurisdiction and authority shall be in writing supported by specific written findings of fact on each material element pertaining to the matter under consideration.
(F) Appeal to Court. Each decision of the Board is subject to review by certiorari as prescribed by state law.
(G) Authority. The Board:
(1) Shall hear and determine appeals from and review any order, requirement, decision or determination made by the Plan Director, a staff member or administrative board designated by ordinance other than the Plan Commission, made in the enforcement of the zoning regulations or the issuance of building and occupancy permits under I.C. 36-7;
(2) May reverse or affirm, wholly or partly, or may modify any order, requirement, decision or determination appealed from as in its opinion ought to be done in the premises and to that end shall have all the powers vested in the person or board from whom the appeal is taken; and
(H) Findings of fact; special exception.
(1) The Board shall find make written findings of fact and decisions pursuant to and consistent with the criteria below.
(2) To grant a special exception, the Board shall find that:
(a) The establishment, maintenance or operation of the special exception will not be injurious to the public health, safety or general welfare of the community;
(b) The special exception will not affect the use and value of other property in the immediate area in a substantially adverse manner; and
(c) The establishment of the special exception will be consistent with the character of the district (particularly that area immediately adjacent to the special exception) and the permitted land uses.
(3) The Board may impose conditions as part of its approval to protect the public health and for reasons of safety, comfort and convenience.
(I) Findings of fact; variance of development standards. To approve or deny a variance from the development standards of the zoning regulations, the Board may impose reasonable conditions as a part of the Board's approval and shall find that:
(1) The approval will not be injurious to the public health, safety and general welfare of the community;
(2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
(3) The strict application of the terms of the zoning regulations would result in practical difficulties in the use of the property.
(J) Findings of fact; variance of use. To approve or deny variances of use from the terms of the zoning regulations, the Board shall find:
(1) The approval will not be injurious to the public health, safety and general welfare of the community;
(2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(3) The need for the variance arises from some condition peculiar to the property involved;
(4) The strict application of the terms of the zoning regulations would constitute an unnecessary hardship if applied to the property for which the variance is sought; and
(5) The approval does not interfere substantially with the County Comprehensive Plan.
(K) Modification.
(1) To reverse or modify in whole or in part an order, requirement, decision or determination of the Plan Director, staff member or administrative board (other than the Plan Commission), the Board shall find that the Plan Director, staff member or Administrative Board:
(a) Improperly interpreted any relevant portion of a law, ordinance or rule;
(b) Improperly took administrative action pertaining to a relevant law, ordinance or rule; or
(c) Improperly enforced a relevant law, ordinance or rule.
(2) The Board may require the owner of a parcel of property to make a written commitment concerning the use of development of that parcel to receive a special exception or a variance from the terms of the zoning regulations. Those commitments shall be recorded in the office of the County Recorder and shall take effect upon the granting of the special exception or variance. A recorded commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel. A commitment may be modified or terminated only by a decision of the Board made at a public hearing after notice as provided by rule.
(L) Conflict of interest.
(1) No member of the Board shall participate in a hearing or decision of the Board concerning a matter in which he or she has a direct or indirect financial interest or, which for any other reason brought to the attention of the Board, results in disqualification.
(2) The Board shall enter in its record the fact that a regular member has such a disqualification and the name of the alternate member, if any, who participates in the hearing or decision.
(3) Any participating alternate member shall be appointed by the same body which appointed the regular member who has been disqualified.
(M) Communication with Board members.
(1) No person shall communicate with any Board member prior to a hearing or decision with the intent to influence the actions of any member of the Board regarding any matter pending before the Board.
(2) However, the staff may file a written statement with the Board setting forth facts or its opinions concerning that matter.
(Ord. passed 7-20-1992; Ord. 2019-6-3-1, passed 6-3-2019)
(A) Creation of a Hearing Officer. Purpose: appoint a Hearing Officer to hear and decide specific subject matters.
(B) Board of Zoning Appeals. The Hearing Officer will not hear and has no authority in BZA cases.
(C) Plan Commission.
(1) Type of hearing: one lot subdivisions with the following conditions:
(a) The new parcel meets all requirements as outlined in the county zoning regulations; and
(b) The remaining acreage is within conformity of the district development standards for which the area is zoned.
(2) If the Hearing Officer does not wish to make a finding on a proposed petition, he or she shall notify the applicant that the petition shall be heard by the Plan Commission at its next regularly scheduled meeting.
(3) If the Hearing Officer denies the petition, he or she shall inform the applicant of the reasons for his or her decision. He or she shall inform the applicant that the applicant may request the Plan Commission to hear the petition. If the applicant so requests, within 30 days, the Hearing Officer shall cause the petition to be placed on the docket of the next regularly scheduled meeting of the Plan Commission.
(D) Hearing conducted by the Hearing Officer.
(1) The hearing shall be conducted in the similar fashion as the regular meetings of the Commission.
(2) The meeting shall be conducted at a time to be determined by the Hearing Officer, minutes taken and a written decision made.
(Ord. 2012-3-5, passed 3-5-2012)
NONCONFORMING USES
(A) Generally. The lawful use of a building or premises, existing at the time of passage of this chapter, which does not conform to the use regulations of the district in which it is located shall be deemed to be a legal, nonconforming use.
(B) Nonconforming uses.
(1) (a) Nonconforming uses are considered incompatible or undesirable with permitted uses in the districts in which the use is located. Within the districts established by this chapter there are nonconforming lots, structures and uses of land. These nonconforming lots, structures and uses of land were lawful prior to passage of this chapter, but are now prohibited, regulated or restricted.
(b) It is the intent of this chapter to permit these nonconforming uses to continue until they are removed.
(c) Existing registered (on file in Plan Commission office) nonconforming uses can be sold provided the future owner re-registers the business with the Plan Commission office. (All other regulations in this section still apply.)
(d) Nonconforming structures and uses shall not be enlarged upon, extended or expanded, with exceptions to residential homes in A1, A2, R1 and R2 Districts existing before the enactment of this chapter. These structures can obtain an ILP (§ 155.066) with out receiving a variance if the improvement is not proposed within required setbacks of that district. Illegal uses existing at the time this chapter is enacted shall not be validated by virtue of its enactment.
(2) To avoid undue hardship, this chapter does not require a change in the plans, construction or designated use of any building or development in which actual construction was lawfully begun prior to the effective date of adoption of this chapter. Where demolition and removal of a building has progressed to a significant degree, such demolition or removal shall be considered to be construction, provided that the work is carried on diligently.
(3) When a nonconforming use of land or structure is discontinued or abandoned for six consecutive months, the structure and/or premises shall thereafter be used in conformance with regulations of the district in which it is located.
(4) Where nonconforming use status applies to both a structure and premises, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(5) Any nonconforming structure damaged by fire, flood, explosion or other casualty may be reconstructed and used as before if the reconstruction is undertaken within 18 months of the casualty, and if the restored structure has no greater coverage and contains no greater cubic content than previously.
(6) Normal maintenance and repair of a structure containing a nonconforming use may be performed, provided there is not physical change to the structure and such maintenance or repair does not extend or intensify the nonconforming use.
(7) No building shall be erected or expanded and no use of land area expanded upon any premises devoted to a nonconforming use, except in conformance with all other provisions of this chapter.
(8) This chapter does not require any change in the plans, construction or designated use of a building for which a building permit or improvement location permit has been issued prior to the date of passage of this chapter and on which construction will be begun within 30 days after the date of the permit and diligently completed (within 18 months from beginning construction).
(9) This chapter does not require any change in the plans, construction or designated environmental management use of any county property for which a construction and/or operation permit has been filed with and/or issued by the Indiana Department of Environmental Management and/or the United State Environmental Protection Agency prior to the date of the passage of this chapter.
(10) When a nonconforming use is discontinued for six months, the use of the same shall thereafter conform to the uses permitted in the district in which it is located, and any nonconforming dwelling which is deficient in ground floor area, and which is removed from a lot, shall not relocate on the lot or be replaced by any other dwelling which is not in compliance with the requirements of this chapter. Notwithstanding the foregoing provision, an agricultural confinement feeding operation established prior to the enactment of this chapter may be discontinued for a period of up to two years and thereafter re-established without the need for a rezone, special exception or variance per other requirements of this chapter.
(Ord. passed 7-20-1992)
SPECIAL EXCEPTIONS
(A) Generally. Special exceptions are publicly or municipally operated uses traditionally affected with a public interest, and those uses entirely private in character but of such an unusual nature that their operation may raise unique problems with respect to their impact upon neighboring property and public facilities.
(B) Procedure.
(1) Upon receipt of an application for special exception, the Plan Director shall refer the application to the Board for public hearing.
(2) A copy of each application shall be referred concurrently to the Commission. The Plan Commission may, without public hearing, review the application for special exception and report on any effect the application might have upon the County Comprehensive Plan.
(3) In order for a special exception to be granted, the Board must find in writing that:
(a) The establishment, maintenance or operation of the special exception will not be injurious to the public health, safety or general welfare of the community;
(b) The special exception will not affect the use and value of other property in the immediate area in a substantially adverse manner; and
(c) The establishment of the special exception will be consistent with the character of the district (particularly that area immediately adjacent to the special exception) and the permitted land use.
(4) The Board may impose conditions as part of its approval to protect the public health, and for reasons of safety, comfort and convenience. All special exceptions are subject to the development standards of the county subdivision regulations §§ 154.110 through 154.118, 154.130 through 154.132, 154.145 through 154.147 and 154.160 through 154.171 if deemed necessary by the Board. The Board shall either direct the Plan Director to issue an improvement location permit for the special exception or to reject the application. The findings of the Board and its order to the Plan Director shall be in writing.
(C) Existing use.
(1) An existing use which is listed here as a special exception and which is located in a district in which the special exception may be permitted at the time of enactment of this chapter is a conforming use, providing the use meets the minimum development standards set forth in the respective districts.
(2) Any expansion of the special exception involving the enlargement of buildings, structures and land devoted to the use, shall be subject to the requirements and procedures described in this section.
(D) Delay.
(1) Any person who is issued an improvement location permit for a special exception must begin construction within nine months after the permit is issued; complete the special exception within two years after such construction is begun, whichever is later; and conform to the provisions of any restrictions or conditions which the Board imposed in conjunction with approval of the special exception by the Board and upon the basis of which the improvement location permit was issued.
(2) Persons failing to do so may be required by the Board upon its own motion, and shall be required by the Board upon written petition of any person, to show cause why such approval should not be withdrawn and such improvement location permit revoked.
(E) Alteration, change, amendment or extension. The holder of an improvement location permit for a special exception may apply to the Board at any time for an alteration, change, amendment or extension of the application or use upon which such permit was based.
(1) Upon receipt of the application, the Board shall proceed as in the case of original application for a special exception.
(2) If the Board approves and orders the application or use changed, altered, amended or extended, it shall notify the Plan Director who shall issue an amended improvement location permit.
(3) The Board may impose any additional reasonable requirements or conditions including, but not limited to, establishing building setback lines and lot sizes for a special exception use, if, in the Board’s judgment, additional requirements or conditions are necessary for the protection of the public health, safety, comfort and convenience.
(F) Uses classified as special exceptions. The following uses or structural alterations, which are classified as special exceptions, may be permitted by the Board of Zoning Appeals in the designated zoning districts in accordance with the procedure specified in this chapter.
(1) Abattoir (slaughterhouse): commercial processing of animals, including commercial hatcheries and poultry processing plants in the A1 District;
(2) Confined feeding operations in the A2 District;
(3) Airports and landing fields in the A1, A2 and I Districts;
(4) Archaeological sites, buildings or properties in all districts;
(5) Auditorium, community center, stadium, armory, gymnasium, public buildings and other similar places for public events in Commercial Districts;
(6) Bed and breakfast inn in the A1, A2, R1 and R2 Districts;
(7) Boarding or lodging house in the R2 District;
(8) Building material sales (with no outside storage or display area) in the CG District;
(9) Bus terminals in the CG and I Districts;
(10) Camps and campgrounds in the A1, A2, FP and PV Districts;
(11) Cement, lime and gypsum manufacturing, oil processing, refining and manufacturing in the I District;
(12) Churches, synagogue, temples, convents, monasteries, theological schools, rectories, parish houses and not-for-profit food or clothing pantry operated for a charitable purpose in all districts;
(13) Cement mixing, production of concrete blocks, cinder blocks and other similar building materials in the I District;
(14) Correctional and penal institutions in the I District;
(15) Confined feeding operations in the A2 District;
(16) Country clubs in the A1 and A2 Districts;
(17) Crematories in the CG and I Districts;
(18) Day care center; see nursery school;
(19) Elementary and secondary schools and colleges, public or private, but excluding music, dance and similar business schools in the CG District;
(20) Fat rendering; stock yards, slaughtering and allied food processing; leather curing and tanning in the I District;
(21) Feed stores in the CG District;
(22) Fertilizer manufacturing in the A1 District.
(23) Golf courses in the A2 District;
(24) Gun clubs in the A2 District;
(25) Heliports in the A2 District;
(26) Historic sites, buildings or properties in all the districts;
(27) Hospitals and sanitariums, public or private, in the A2 District;
(28) Hotels or motels in the CG District;
(29) Kennels in the A2 District;
(30) Lake developments - recreational uses in the A2 District;
(31) Large animal hospitals in the A2 District;
(32) Livestock sale or auction in the A2 District;
(33) Lodge or private club in the A1, A2 and R2 Districts;
(34) Manufacture and distribution of commercial fertilizers and agricultural chemicals in the A1 District;
(35) Marina in the A2, PV and FP District;
(36) Medical centers or clinics in the CG District;
(37) Mini warehouse in the CC, CG and I Districts;
(38) Mobile homes (manufactured type structures as defined in § 155.005) parks (in accordance with § 155.050(B)) in the A2 District;
(39) Monument works and stone cutting in the I District;
(40) Mortuaries and funeral homes without crematorium in the R2 and CG Districts;
(41) Daycare in all districts;
(42) Oil and gas exploration, pumping and temporary storage facilities allowed in all districts;
(43) Park and playground in the A2 District;
(44) Plumbing, electrical, heating, sheet metal, roofing showrooms and shops (with no outside storage or display of goods) in the CG District;
(45) Public or private schools with dormitories in the A1, A2, R1, R2 Districts;
(46) Public utility power plants, transformer stations, filtration and sewage disposal plants, pumping stations, water reservoirs and railroad rights-of-way in all districts except A1 and all residential districts;
(47) Recreation vehicle park in the A1, A2, FP, R2 and PV Districts;
(48) Riding stables in the A2 District;
(49) Road courses or race tracks in the CG, A1, and A2 Districts;
(50) Rock crushing, grinding or mulling in the A2 District;
(51) Sand, gravel and aggregate extraction and processing in the A2 and I Districts;
(52) Sawmill and kiln type operations in the A1 and A2 Districts;
(53) Stockyards-shipping, holding and sale of animals in the A1 and A2 Districts;
(54) Storage and use of explosive materials in the I District;
(55) (a) Storage or processing of salvage or scrap, junk yards and automobile wrecking in the I District, provided that the use is confined within closed buildings or in yards completely enclosed and surrounded by solid walls or solid fences at least eight feet in height; so that operation is not visible during any season of the year.
(b) Fences to be kept in good repair and satisfactory in appearance which includes:
1. No holes or missing pieces;
2. Consists of one natural or painted color; and
3. Displays no advertising unless allowed by permit under this chapter.
(56) Public swimming pools in the A2 and CG Districts;
(57) Tennis or swimming clubs in the A2 District;
(58) Tourist home in the A2 and R2 Districts;
(59) Trucking terminals in the I District;
(60) Veterinary clinics, including animal hospitals, in the A2 and CG Districts;
(61) Air strips for personal use in the A1 District;
(62) Recreational type activities and/or uses in the A1 and A2 Districts;
(63) Low impact/property occupation in the A1 and A2 Districts;
(64) Automobile, motorcycle, off-road vehicle and agriculture equipment repairs, parts or body shops in A1 and A2 Districts;
(65) Contractor’s equipment storage yard for the storage of equipment, vehicles, or other materials commonly used in the contractor’s type of business in all districts;
(66) Placement of propane distribution tanks in A1 and A2 Districts; and
(67) Microbrewery, winery or distillery for the production of beer, wine and distilled liquors/spirits in all zoning districts.
(68) Wind energy conversion systems in all zoning districts.
(69) Banquet hall/assembly facility/retreat center (may also include, but is not limited to, sports arenas, outdoor concerts, public theatre and dancing) in A1, A2, R1, and R2 Districts.
(70) Commercial solar energy conversion systems, as defined in Ordinance 2020-6-1 and incorporated by reference herein, in all zoning districts.
(Ord. passed 7-20-1992; Ord. 1994-6-20-2, passed 6-20-1994; Ord. 1996-12-2, passed 12-2-1996; Ord. 2001-12-17, passed 12-17-2001; Ord. 2012-3-5-1, passed 3-5-2012; Ord. 2012-6-18, passed 6-18-2012; Ord. 2012-12-3-3, passed 12-3-2012; Ord. 2013-9-4, passed 9-4-2013; Ord. 2014-10-6, passed 10-6-2014; Ord. 2014-12-15-B, passed 12-15-2014; Ord. 2015-6-1-1, passed 6-1-2015; Ord. 2015-6-1-2, passed 6-1-2015; Ord. 2019-5-6, passed 5-6-2019; Ord. 2019-12-2-3, passed 12-2-2019; Ord. 2020-6-1, passed 6-1-2020)
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