HomeMy WebLinkAboutOrdinance approved by PC
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NOTICE TO TAXPAYERS
CARMEL, INDIANA
OF PUBLIC HEARING
ONORDfflANCEAMENDMENTS
TO ADD TO OR AMEND CERTAIN
PROVISIONS IN THE
ZONING ORDfflANCE
ORDfflANCE No. Z-365
Notice is hereby given to the taxpayers of the City of Carmel, Hamilton
County, Indiana, that the proper legal officers of the City of Carmel will meet at
their regular meeting place, Carmel City Hall, One Civic Square, Council
Chambers, at 7:00 PM on the 20th of August, 2001, to consider an Ordinance to
add new provisions to the Carmel Clay Zoning Ordinance creating a Park and
Recreation District and regulating Sexually Oriented Businesses, Model Homes,
Special Use Signs, Variance Signs, and Non-Conforming Signs and to make several
corrective amendments to the Zoning Ordinance.
Copies of the Ordinance Amendment are on m.e at the Department of
Community Services office and the Clerk-Treasurer's office, One
Civic Square, Carmel, Indiana, and available for public inspection.
Taxpayers appearing at the meeting shall have the right to be heard.
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Diana L. Cordray
Clerk-Treasurer
City of Carmel
July 26, 2001
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CERTIFICATION OF CARMEL/CLAY
PLAN COMMISSION'S RECOMMENDATION
ON ORDINANCE TO ADD NEW PROVISIONS
TO THE CARMEL CLAY ZONING ORDINANCE
CREATING A PARK AND RECREATION DISTRICT
AND REGULATING SEXUALLY ORIENTED BUSINESSES,
MODEL HOMES, SPECIAL USE SIGNS, VARIANCE
SIGNS, AND NON-CONFORMING SIGNS AND
TO MAKE SEVERAL CORRECTIVE
AMENDMENTS TO THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-607
ORDINANCE No. Z-365
To: The Honorable Common Council
ofthe City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel/Clay Plan Commission offers you the following recommendation upon the
amendment to the Carmel/Clay Zoning Ordinance Z-289, as amended, to add to or amend
certain provisions as set forth in the attached text.
The Carmel/Clay Plan Commission's recommendation on the proposed Text Amendment
to certain Sections of the Zoning Ordinance is "FAVORABLE."
At its regularly scheduled meeting of July 17,2001, the Carmel/Clay Plan Commission
voted 11 in favor, none opposed.
CARMEL/CLAY PLAN COMMISSION
By:~V~~j~
"1yn Anders ., reSIdent
DATED: July 26, 2001
, RECEIVED
JUL 2 6 ?nnl
CARMEL CLERK
TREASURER
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OrdinanceNo. Z-~S
AN ORDINANCE TO ADD NEW PROVISIONS TO THE CARMEL CLAY ZONING
ORDINANCE CREATING A PARK AND RECREATION DISTRICT AND REGULATING
SEXUALLY ORIENTED BUSINESSES, MODEL HOMES, SPECIAL USE SIGNS,
VARIANCE SIGNS, AND NON-CONFORMING SIGNS AND TO MAKE SEVERAL
CORRECTIVE AMENDMENTS TO THE ZONING ORDINANCE
Be it ordained by the Common Council of the City of Carmel, Indiana, that, upon
recommendation of the Carmel Clay Plan Commission pursuant to IC 36-7-4-607, it adopts this
Ordinance as an amendment to the CarmeVClay Zoning Ordinance Z-289, as amended (the
"Zoning Ordinance"), to add to or amend the following provisions in the Zoning Ordinance:
A. In Sections 1.3 and 4.3, substitute the term "the Advisory Planning Law" for the phrase
"I.e. 36-7-4, as amended from time to time". In Section 3.7, insert a new definition of the
term "ADVISORY PLANNING LAW" to read as follows: "ADVISORY PLANNING
LAW. The Advisory Planning Law of the State of Indiana, as defined in I.C. 36-7-4-
10 1."
B. In Section 3.7, delete the definition of the term "CALIPER".
C. In Section 3.7, the definition of the term "COUNCIL", substitute "Common Council" for
"City Council". In Section 4.3, delete both occurrences of the word "City" before
"Council".
D. In Section 3.7, insert a new definition of the term "FIREWORKS STORE" to read as
follows: "FIREWORKS STORE. A temporary business site or location, or a permanent
building, where common fireworks (as defined in I.C. 22-11-14-1) are to be sold. For
purposes of this Zoning Ordinance, a fireworks store shall be treated as ifit were a
warehouse or storage facility, and not as a roadside sales stand or any other type of
store. "
E. In Section 3.7, the definition of the term "JURISDICTION OF THE COMMISSION
AND THE BOARD", delete the word "contiguous".
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F. Relocate all the definitions contained in Section 20G.3 to Section 3.7 of the Zoning
Ordinance. Revise Section 20G.3 to read, "Definitions. The definitions contained in
Chapter 3 of the Zoning Ordinance shall be applicable to this Chapter 20G."
G. In Section 4.1, add "P-1 Park and Recreation District", "C-1 City Center District", "C-2
Old Town District", and "OM Old Meridian District" to the list of Primary Zoning
Districts.
. In Sections 5.4.1, 6.4.1, 7.4.1, 8.4.1, and 9.4.1, substitute ''thirty-five (35) feet" for
"twenty- five (25) feet". Repeal Section 26.1.1, which relates to increasing the maximum
height permitted for structures in the S-I, S-2, R-l, R-2, and R-3 residence districts.
I. In Section 11.4.3, add the following sentence to the end of the section: "The base density
permitted is 12 units per acre; Dwelling Unit Density may be increased above the
permitted base density by the application of a factor of 1.5 % of the base density for each
increase of 1 % in the percentage of the site acreage that is devoted to open space."
J. In Sections 12.2, 13.2, 14.2, 15.2, 16.2, 17.2, 18.2, 19.2, 20A.2, 20B.2, 20C.2, and 20D.2,
delete the word "Permitted" before the term "Special Uses".
K. In Sections 18.6.4, 19.0.3, 20B.7.4, 20C.7.4, 20D.7.4, 20E.5.4, 20F.5.2, 25.12.1, 25.12.2,
29.6,29.6.8, and 34.4, delete "of Community Services" after the term "Department".
L. In Sections 18.8.3,21.2.4,24.2.4,30.2.3, and 30.5.3, delete the fourth sentence of the
Section, which reads: "The minimum time period for the giving of the notice shall be at
least thirty (30) days prior to the initial hearing date."
M. In Section 20B.2, add "Sexually oriented business" to the list of Special Uses for the M-l
Manufacturing district.
N. In Section 20B.2.1, add the following line to the table: "Sexually oriented business... 3".
O. In Section 20B.2.2, add the following line to the table: "Sexually oriented business.. .
The requirements listed in Sections 20B.4.2, 20BA.3, and 20B. 7 shall be increased by
fifty percent (50%)".
P. In Sections 20B.7.2, 20C.7.2, and 20D.7.2, substitute "dbh" for "cal. in size (measured at
forty inches (40")" and delete ")" after the word "center".
Q. Insert a new Chapter 20R to read as follows:
"20H.O
P.l PARK AND RECREATION DISTRICT
20R.l Purpose and Intent. The purpose of this district is to provide for historic,
museum, religious and charitable, and park and recreational uses and to protect the
environment within this district by providing only for those uses and for compatible, less
intensive urban land uses.
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20H.2 Permitted Uses:
Antenna, if collocated on an existing or previously approved tower
Antenna, if visually integrated with or camouflaged on or within a structure other
than a tower (such as a chimney stack, church spire, light standard, monument,
power line support device, or water tower)
Cemetery
Church, temple or other place of worship
Country club
Golf course
Historic site
Museum
Park or recreational development or facility
Private club or lodge
Religious or charitable institution
Tennis or racquetball facility
20H.3 Special Uses:
Artificial lake or pond (not part of a plat)
Power transmission line, in excess of 129 KV A
20HA Special Exceptions:
Private radio and television reception and transmitting towers and antennas,
subject to applicable state and federal regulations (may not be located or
permitted within ten (10) feet of a power transmission line)
Wireless telecommunications service tower, monopole-type construction only
20H.5 Area Requirements:
A. Minimum area: 3 acres (except cemeteries, 30 acres).
B. Minimum front yard: 40 feet.
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C. Minimum side yard: 20 feet.
D. Minimum aggregate of side yard: 50 feet.
E. Minimum rear yard: 15 feet.
F. Minimum lot width: 200 feet.
G. Maximum lot coverage: thirty-five percent (35%) oflot.
H. Minimum ground floor area: 1,000 square feet."
R. In Section 23A.0.1, substitute "I.e. 36-7-4-1400" for "I.C. 36-1-1".
S. In Section 23A.2, revise the Section to read, "The minimum front yard shall be one
hundred twenty (120) feet from the right-of-way for State Highway 431."
T. In Section 23A.5, add the following sentence to the end of the Section: "If a tract is
located both inside and outside of the State Highway 431 Overlay Zone, ADLS approval
is required for the entire tract to be developed."
U. In Section 25.5, revise the heading to read, "Weeds and Solid Wastes; Outside Storage".
V. Add a new Section 25.5.3 to read as follows: "25.5.3. Outside storage is not permitted in
the Business, Industrial and Manufacturing districts, except when loading or unloading is
in progress. This prohibition does not apply to the display of automobiles, trucks, boats,
recreational vehicles or mobile homes for sale or lease, except that they may not be
displayed within ten (10) feet of any public right-of-way."
W. Add anew Section 25.7.02-7 to read as follows: "25.7.02-7. Special Use and Use
Variance Si2ns.
a) SIGN CLASSIFICATION: Wall sign or ground sign.
b) NUMBER & TYPE: One (1) identification sign for each frontage on a public street
(not alleys), with a maximum of three (3) signs for lots with three (3) or more
frontages.
c) MAXIMUM SIGN AREA: per applicable Sign Chart.
d) MAXIMUM HEIGHT OF GROUND SIGN: per applicable Sign Chart.
e) LOCATION: M~um of five (5) feet from existing right-of-way or proposed
right-of-way per the Cannel Clay Thoroughfare Plan, whichever is greater, and shall
not interfere with vision clearance.
f) DESIGN: No restrictions except for those signs that require approval.
g) COPY: As per definition of identification sign.
h) ILLUMINATION: Pennitted.
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i) LANDSCAPING: Ground signs must be accompanied by a landscaped area at
least equal to the total sign area.
j) REQUIRED APPROVALS: As required per the regulations of all applicable Zoning
Districts and/or Overlay Districts. All permanent signs requiring a permit that are
established in the R-5/Residence District require ADLS approval from the Plan
Commission.
k) SIGN PERMIT: Required.
1) FEES: Required."
X. Amend Section 25.7.06 to read as follows:
"25.7.06
Legal Non-Conforming Signs.
(a) After the enactment of this Ordinance, the Administrator shall make a
survey every six (6) months of the jurisdictional area for signs that do not conform to
this Ordinance; and shall submit the results of the survey, in writing, to the Mayor,
Council, Officers of the Board and Commission. This report is due on January 1,
and July 1, of every year and shall include the sections of this Ordinance with which
said signs do not comply, and any necessary proof that said signs are legal non-
conforming signs.
(b) The Administrator shall also use all reasonable efforts to notify the user
or owner of the property on which such sign is located of the sign's non-conformity
and whether it is legally non-conforming or is illegal. Should any questions arise as
a result of the Administrator's decision that a sign is a legal non-conforming sign or
is illegal, the final determination of such status shall be made by the Board as
provided for in Section 28.6 of this Ordinance. An ongoing record of existing legal
non-conforming signs shall thereafter be maintained as a part of the Board's
permanent records.
(c) Where a non-conforming sign was lawfully existing on July 1,
2001, the user or owner shall register such sign as a legal non-conforming
sign, specifying on the registration form the date of the erection or
installation of such sign and, if applicable, the dates on which the Board
granted a variance and a sign permit was issued. Registration forms shall be
available from the Administrator and must be completed by the user or
owner (or agent) and fIled with the Administrator before January 1, 2002. A
false statement on the form knowingly given by the registrant constitutes a
waiver of any rights granted to the user or owner as to the continuance of the
non-conforming sign, and such sign shall be removed or altered to conform
within thirty (30) days after demand that such be done in writing by the
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Administrator, regardless of the ownership or the date of installation of such
sign.
(d) A non-conforming sign as described in Subsection ( c) above which
is duly registered shall thereafter be deemed a legal non-conforming sign and
may be continued without further registration but only according to the
following schedule:
(1) A legal non-conforming sign that was erected or installed before
May 23, 1973, shall be removed or altered to conform before
January 1, 2006.
(2) A legal non-conforming sign that was erected or installed after
May 22, 1973, and before November 5, 1981, shall be removed or
altered to conform before January 1, 2007.
(3) A legal non-conforming sign that was erected or installed after
November 4,1981, and before August 7,1995, shall be removed or
altered to conform before January 1, 2008.
(4) A legal non-conforming sign that was erected or installed after
August 6, 1995, and before July 1, 2001, shall be removed or
altered to conform before January 1,2009.
(e) If a non-conforming sign existing on July 1, 2001, is not duly
registered under this Section before January 1, 2002, it shall thereafter be
deemed an illegal sign and shall be immediately brought into conformance
with this Ordinance or shall be removed.
(f) Where a variance is granted by the Board for a non-conforming
sign after July 1, 2001, the user or owner shall annually register such sign as
a legal non-conforming sign, specifying on the registration form the date of
the erection or installation of such sign and the dates on which the Board
granted a variance and a sign permit was issued. Such sign may be continued
so long as the registration is renewed on or before December 31 of each year
and the sign does not otherwise lose its legal non-conforming designation.
(g) A legal non-conforming sign shall immediately lose its legal non-
conforming designation if:
1)
the sign is not kept in good repair and in a safe condition and the
state of disrepair or unsafe condition continues for six (6) months;
the sign is relocated;
2)
3)
the complete sign and sign structure are replaced; or
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4) the sign permit or variance under which the sign was allowed or
permitted expires.
(h) On the happening of anyone of the above conditions the sign shall be
immediately brought into conformance with this Ordinance with a new sign permit
secured therefor, or shall be removed.
(i) Nothing in this Ordinance shall relieve the owner or user of a legal non-
conforming sign or owner of the property on which the legal non-conforming sign is
located from the provisions of this ordinance regarding safety, maintenance and
repair of signs."
y. In Section 25.14.D.3, revise the Section to read, "The provisions of this Zoning Ordinance
requiring premises identification may be enforced by the Administrator, by the Carmel/Clay
Fire Chief, or by the Director of the Department of Communications."
Z. Add a new Section 25.15 to read as follows: "25.15. Sexually Oriented Businesses.
25.15.1. Development Standards:
(1) Zoning. A sexually oriented business (SOB) shall be permitted only in the M-
1 Manufacturing District and only as a special use, and as such is subject to
the approval of the Board under Chapter 21 of the Zoning Ordinance.
(2) Commitments by Owner. In the case of a SOB application which seeks
approval for the erection of a new building, the Board shall, before approving
such special use, require the applicant to make written commitments that:
(a) the building will be designed and erected in such manner that it can
reasonably accommodate up to three (3) additional SOB's within
the same building;
(b) the owner of the building will offer commercially reasonable lease
terms to any other SOB owner that seeks to collocate its business
in the building, so as to accomplish the purpose of minimizing the
number of such buildings that must be erected in the Carmel/Clay
community, and will agree to submit any disputes regarding the
commercial reasonableness of such terms to binding arbitration;
(c) the owner of the building will notify the Director within thirty (30)
days after any oral or written communication from another SOB
owner inquiring about collocation in the building, providing the
Director with the name and address of the owner making the
inquiry; and
(d) the owner of the building will notify the Director within thirty (30)
days after any SOB located in the building goes out of business or
is abandoned, and will agree to remove from the building all
supplies and equipment that were used by such SOB, and to
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remove from the site all associated facilities. The commitment
must require that such removal be completed within sixty (60) days
of the cessation of SOB operations at the site, and must authorize
the Director, in the event that the supplies, equipment, and
facilities are not removed within the required sixty (60) day period,
to enter upon the premises and remove the supplies, equipment,
and facilities, with the costs of such removal to be assessed against
the owner of the parcel.
(3) Enforcement. A commitment made under subparagraph (2) above shall be
recorded pursuant to state statute and may be enforced by the Board, by the
Director, or by any SOB owner that desires to collocate its business in the
building subject to the commitment. If, after thirty (30) days notice from the
Board, a person subject to a binding commitment refuses to honor or abide by
such commitment, the special use approval shall be revoked by the Board.
25.15.2 Submittal Requirements:
(1) Plot plan. In addition to the submittal requirements for any other special use,
an application for approval of any SOB must include an area plan that shows
not only the locations of all structures on the subject parcel but also the
locations of all structures on adjacent parcels.
(2) Code compliance. The application must (a) document that the applicant will
operate the SOB in compliance with all applicable federal and state laws, (b)
document that the applicant has, before filing the application, investigated the
possibility of collocation with all other SOB owners in the Carmel/Clay
community and in adjacent zoning jurisdictions, and (c) include any other
information that may be reasonably requested by the Director as necessary to
evaluate the application.
25.15.3. Non-conforming Use. Any SOB in existence or operation in the Carmel/Clay
jurisdiction as of the effective date of this amendatory ordinance may constitute either a
legal or an illegal, non-conforming use under this Zoning Ordinance. If it is deemed to be
a legal, non-conforming use, such SOB is subject to Chapter 28 of this Zoning
Ordinance. If it is deemed to be an illegal, non-conforming use, it is subject to the
penalties provided in Chapter 34 of this Zoning Ordinance.
25.15.4 Transitional Provisions. This paragraph applies to any application for a variance
to authorize a SOB which may be pending before the Board on the effective date of this
amendatory ordinance. The applicant may request that the Board treat such a variance
application as if it were a special use application filed pursuant to the above provisions of
this Section 25.15. If the Board grants such a request, the application shall then be
approved or rejected by the Board in accordance with Section 21.4.1. This paragraph
expires December 31,2001."
AA. Add a new section 25.16 to read as follows: "25.16. Model Homes.
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25.16.1. Model homes, which may include temporary sales offices, may be permitted in
all residential districts but only as a temporary use, subject to approval by the Director
based on a finding that the temporary use will not detrimentally affect the health, welfare,
safety, or morals of the neighborhood under consideration for such temporary use. The
duration of a model home permit shall be fixed by the Director, for a term not to exceed
eighteen (18) months. However, upon request, the Director may extend such a permit for
increments of six (6) months, so long as the temporary use in the aggregate does not
continue for more than thirty-six (36) months.
25.16.2. The Director shall ensure, before issuing a model home permit, that adequate
access and off-street parking facilities will be provided, that public address systems will
not be used, that flood lights and other lighting on the subject premises will be directed
only upon those premises, and that a certificate of occupancy will be issued before the
temporary use commences. A temporary use authorized under this Section is also subject
to all other regulations of the applicable district."
BB. Delete Appendix A (perimeter Buffering) and add in lieu thereof a new Section 26.4 to
read as follows: "26.4. Perimeter Buffering Requirements.
26.4.1. Perimeter buffering shall be located along the side and rear lot lines of a lot/parcel
and shall extend the entire length of the side and rear lot lines.
26.4.2. Where residential or other buildings back onto a public thoroughfare, buffer
plantings shall occur outside ofthe public right-of-way, per the Tables below.
26.4.3. Perimeter buffering shall not be located within any portion of a dedicated public
street right-of-way, private street right-of-way, or County regulated drain easement.
26.4.4. Existing vegetation may be used to achieve project buffering if (a) the vegetation
located upon the subject parcel is of a quality and state of health to achieve buffering, and
(b) the vegetation is proposed to be preserved using accepted best management practices
for tree protection during construction.
26.4.5. To determine the applicable bufferyard requirements: (a) Use the TABLE FOR
BUFFERY ARD DETERMINATION to identify the land use category of the proposed
project use. (b) Use the TABLE FOR BUFFERYARD DETERMINATION to identify
the land use(s) of the adjoining property (s), or identify the street classification adjoining
the proposed use by referring to the Official Thoroughfare Plan of Carmel Clay
Township. (c) Determine the bufferyard(s) required on each boundary (or segment
thereof) of the subject parcel by referring to the TABLE FOR BUFFERY ARD
DETERMINATION.
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TABLE FOR BUFFERYARD DETERMINATION
m 0 3: ;:a)> Z ;:a 0 ~~ -x mn -"'II -> ~zo~
Z e: e: ~~ m"ll i9~ .....0 "'II)> "'II::a
"'II r- ~ ~::!! ::ar- ~. ;:a ~n1 (i).....::a"'ll
(i) -::a im ;:a
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m >< ~ C r-J!! .....n 0_ )>m m
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SINGLE FAMILY B C C 0 0 0 0 0 C 0 0 0
DUPLEX C A C B B C C 0 B 0 0 0
MUL TI-FAMIL Y C C B B B C C 0 C 0 0 0
ACTIVE 0 B B A C C C C B 0 0 0
INSTITUTIONAL; 0 B B C A A C C B 0 0 0
OFFICE; RETAIL 0 C C C A A C 0 B 0 0 0
WAREHOUSE; 0 C C C C C A B B 0 0 0
HVY. INDUSTRY 0 0 0 C C 0 B B B 0 0 0
Bufferyard Design Standards in the table below are stated in tenns of minimum width and
number of plants required per one hundred linear foot increment.
BUFFERYARD MINIMUM YARD WIDTH SHADE TREES ORNAMENTAL TREES SHRUBS.
SIDE REAR
A 5' JO' 3 2 9
B 5' JO' 3 3 15
C JO' 20' 3 4 21
D 15' 25' 5 5 27
*Evergreen trees may substitute in lieu of shrubbery, on a 1:3 basis (1 conifer equals three
shrubs)."
CC. In Section 27.3, revise the heading to read, "Parking Facilities".
DD. In Section 27.3.1, revise the first sentence to read, "All parking lots shall be paved with a
dustless, hard surface."
EE. In Section 27.3 .2, revise the first sentence to read, "All parking lots shall be curbed."
FF. In Section 29.3.1, after "special use" insert "and special exception".
GG. In Section 29.6.2, revise item (1) to read "Industrial, Institutional, and Commercial:
Structures, additions, swimming pools, and accessory buildings (including public buildings
and private schools)"; in item (10), insert the word "Residential" before the term "Swimming
Pool".
HR. In Section 30.0, substitute "the Advisory Planning Law" for "Sections 66-69, inclusive,
of Chapter 174 ofthe Acts of 1947 ofthe Indiana General Assembly and all acts amendatory
thereto".
II. In Section 30.7, substitute ')udicial review, according to the Advisory Planning Law" for
"review by certiorari".
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n. In Section 31.1.5, revise the section to read, "Any person, firm, or corporation, whether
as principal, agent, employee, or otherwise, who violates this Zoning Ordinance is subject to
the penalties provided in Chapter 34."
KK. In Section 34.2.A, substitute "one hundred dollars ($100.00)" for "fifty dollars ($50.00)".
In Section 34.2.B, substitute "$200.00" for "$100.00", substitute "$300.00" for "$150.00",
and substitute "$400.00" for "$200.00".
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