Development Review

Past Approved Amendments & Reports


TX15006 — I-3 Employment Center District

Staff Contact:
Christy Eichorn, 402-441-7603
Approved:
June 19, 2015
Project Overview:

An amendment relating to the I-3 Employment Center District to allow the CIty Council to waive specific use regulations

Additional information for TX15006

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TX15003 — Dwellings for Members of a Religious Order

Staff Contact:
Christy Eichorn, 402-441-7603
Approved:
May 15, 2015
Project Overview:

An amendment to provide that the number of members residing in a dwelling for members of a religious order may be increased up to 100% when the dwelling is located within 600 feet from the boundary of a school, church or early childhood care facility served by the member.

Additional information for TX15003

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TX15002 — Setbacks for Clubs in a Residential District

Staff Contact:
Paul Barnes, 402-441-6372
Approved:
April 29, 2015
Project Overview:

An amendment to remove the requirement for additional setbacks for clubs in a residential district, based on the height of the building.

Additional information for TX15002

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TX15001 — Commercial Solar Energy Conversion System

Staff Contact:
Sara Hartzell, 402-441-6371
Approved:
March 18, 2015
Project Overview:

An amendment to allow Commercial Solar Energy Conversion Systems (CSECS) as a specially permitted use in the AG District and a permitted use in the I Industrial District by adding a definition to 27.02.040, adding to the Utilities Use Group Table in 27.06.090, and adding conditions for permitting to Section 27.63.830.

Additional information for TX15001

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TX14021 — Commercial Setback Requirements

Staff Contact:
Christy Eichorn, 402-441-7603
Approved:
February 12, 2015
Project Overview:

An amendment relating to exceptions to front yard requirements to provide for a reduced commercial front yard setback in the O-1 Office District and the B-3 Commercial District where there is an abutting residential district along the same block face.

Additional information for TX14021

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TX14019 — Personal Wireless Facilities

Staff Contact:
Brian Will, 402-441-6362
Approved:
January 26, 2015
Project Overview:

An amendment to eliminate the requirement for special and administrative permits for wireless facilities to be renewed every 15 years, to extend the amount of time allowed before facilities are considered abandoned and to clarify that rooftop-mounted antennas may be approved by admnistrative permit instead of special permit.

Additional information for TX14019

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TX14017 — Special Permit to Exceed Maximum Height - add AG

Staff Contact:
Sara Hartzell, 402-441-6371
Approved:
January 26, 2015
Project Overview:

An amendment to 27.63.250 to add AG as one of the districts for which a special permit to exceed the maximum height may be allowed, and to change table 27.72.010 to show the change the maximum height in the case of AG(farmstead splits) from 30 feet to 35 feet.

Additional information for TX14017

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TX14020 — Personal Wireless Telecommuications Facilities

Staff Contact:
Brian Will, 402-441-6362
Approved:
January 13, 2015
Project Overview:

An amendment to Article 10 Personal Wireless Telecommunications Facilities of the Lancaster County Zoning Regulations to eliminate the requirement for special and administrative permits for wireless facilities to be renewed every 15 years; to extend the amount of time allowed before facilities are considered abandoned; to clarify that rooftop-mounted antennas may be approved by administrative permit instead of special permit; and to require no zoning permit to co-locate on a facility previously approved by an administrative or special permit.

Additional information for TX14020

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TX14016 — Mini Warehouses in the B-5 Zoning District

Staff Contact:
Christy Eichorn, 402-441-7603
Approved:
December 30, 2014
Project Overview:

This amended Section 27.62.140 of the Lincoln Municipal Code to add mini-warehouses as a conditional use to the B-5 Planned Regional Business District. The B-5 Planned Regional Business District is a use permit district that requires site plan review of developments. It is a district with varying degrees of redevelopment opportunities. Mini-storage can be a compatible use in the B-5 district under certain conditions. This amendment will require administrative review, through the B-5 Use permit, to determine the compatibility.

Additional information for TX14016

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TX14015 — Parking in the Capitol Environs District

Staff Contact:
Christy Eichorn, 402-441-7603
Approved:
December 30, 2014
Project Overview:

This amended Section 27.67.075 of Lincoln Municipal Code, Special Conditions, Capitol Environs District, by deleting that section which requires two parking spaces per dwelling unit in the Capitol Environs District regardless of the underlying district. This deletion would allow the underlying zoning district to regulate the residential parking requirement. Two parking stalls per dwelling unit is a higher requirement than any of the underlying zoning districts. Reverting to the underlying requirements would simplifies the code and removes a potential barrier to residential development.

Additional information for TX14015

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TX14007 — Corrections and Clarifications on Existing Language

Staff Contact:
Christy Eichorn, 402-441-7603
Approved:
November 20, 2014
Project Overview:

These changes to Title 27 are intended to provide clarification on existing rules in sections relating to definition of story, Use Groups, parking in H-3, signs and appeal process. It is not intended to create new regulations. These changes will facilitate more efficient and consistent implementation of the City Zoning Ordinance. Sections being revised: 27.02.200, 27.06.160, 27.06.170, 27.61.040 and 27.61.050, 27.67.066, 27.69.030, 27.69.240, 27.69.290, 27.72.180, 27.56.140, 27.57.180, 27.62.150, 27.63.025, 27.64.010, 27.69.030, 27.72.190, and 27.81.021.

Additional information for TX14007

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TX14012 and TX14013 — Excavation and Stone Milling

Staff Contact:
Sara Hartzell, 402-441-6371
Approved:
November 18, 2014
Project Overview:

County text amendment TX14012 and City text amendment TX14013 to remove stone milling from the title, define stone milling, clarify that stone milling is allowed only in association with an excavation operation, and clarify that some pre-existing excavation operations may not meet all conditions.

Additional information for TX14012 | Additional information for TX14013

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TX14006 — Veterinary Facilities

Staff Contact:
Paul Barnes, 402-441-6372
Approved:
August 25, 2014
Project Overview:

Amendment to allow Veterinary Facilities as a conditional use in the O-1, O-2, O-3 and R-T zoning districts; eliminate Section 27.63.780, Outdoor Exercise Area associated with a Veterinary Facility or Kennel; and clarify Section 27.63.790 by stating that veterinary facilities are allowed as a permitted use in the AG and AGR districts.

Additional information for TX14006

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TX14004 — Community Unit Plans in the R-7 and R-8 Zoning Districts

Staff Contact:
Paul Barnes, 402-441-6372
Approved:
June 30, 2914
Project Overview:

Amend Section 27.63.320 and 27.65.020 relating to special permits to allow community unit plans in the R-7 and R-8 zoning districts and provide for the calculation of the maximum permitted density thereof; and amend Section 27.65.090, 27.67.040 and 27.67.065 relating to parking within community unit plans to allow the Planning Commission to make certain modifications to the parking requirements set forth in Chapter 27.67.

Additional information for TX14004

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TX13006 — Decks, Reduction of the Rear Yard and Minor Modifications

Staff Contact:
Christy Eichorn, 402-441-7603
Approved:
December 9, 2013
Project Overview:

Amending Chapter 27.72 of the Lincoln Municipal Code, Height and Lot Regulations, by amending Section 27.72.020 to reduce the required rear yard in the R-1 through R-4 zoning districts for single- and two-family dwellings as set forth in Table 27.72.020(a); by amending Section 27.72.060 to modify the provisions regarding the projection of patios, terraces, uncovered decks, and ornamental features into a required yard; adding a new section numbered 27.72.190 granting the Planning Director authority to approve minor modifications to the rear yard setback under specified conditions; and repealing Sections 27.72.020 and 27.72.060 and of the Lincoln Municipal Code as hitherto existing.

Additional information for TX13006

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TX13007 and TX13009 — Outlot Definition and Allowed Uses

Staff Contact:
Sara Hartzell, 402-441-6371
Approved:
July 29, 2013
Project Overview:

Change the Lincoln Municipal Code zoning (TX13007) and subdivision (TX13009) ordinances to specifically alter: Chapter 26.07 to amend the definition of "Outlot"; add a definition of "Outlot", in zoning; Section 27.69.030 to allow signs on outlots; and add Section 27.07.070 to specify permitted accessory buildings.

Additional information for TX13007 | Additional information for TX13009

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TX12031 and TX12034 — City and County Board of Zoning Appeals

Staff Contact:
Brian Will, 402-441-6362
Approved:
TX12031 Approved June 17, 2013; TX12034 Approved June 11, 2013
Project Overview:

City text amendment TX12031 and County text amendment TX12034 to modify the regulations relating to the City and County Boards of Zoning Appeals in two main ways. First, the process for filing applications was simplified and clarified by allowing them to be submitted directly to the Planning Department instead of the Department of Building and Safety. Also included was a provision to eliminate the need for the denial of a building permit prior to submitting an application for BZA consideration. Second, the types of applications that the BZA can hear was also clarified. Historically, any application submitted for the BZA to consider was called an appeal. However, to be more consistent with State Statutes, the powers relative to hearing claims of 'errors' are now termed 'appeals'. All other applications that the BZA is authorized to hear, which includes variances, exceptions, and airport zoning in the case of the City BZA, are all considered petitions.

Additional information for TX12031-CZ | Additional information for TX12034-CZ

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TX12004 and TX12015 — Ag Preservation and CUP Bonus

Staff Contact:
Sara Hartzell, 402-441-6371
Approved:
July 24, 2012
Project Overview:

Amendment to the County Zoning Resolution to add provisions for AG Preservation lots, which allow acreage lots of at least 3 acres to be created when the overall density of one dwelling unit per twenty acres can be maintained. Lots must be accessed by a single shared drive, to be approved by the County Engineer, and may front upon that drive. This amendment also increased potential CUP bonuses to 25%, revised the method for calculating these bonuses, and removed reductions to CUP density in smaller Residential district CUPs. Amendment to the County Land Subdivision Resolution to remove the provision for Administrative Subdivision Permits and allow Final Plats without Preliminary Plat. Also included are design standards for the AG Preservation lots allowed by TX12015.

Additional information for TX12004-CZ | Additional information for TX12015-CZ

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TX12003-MISC and TX12009-CZ — Apartment Height Amendment in CUP and PUD

Staff Contact:
Christy Eichorn, 402-441-7603
Approved:
June 25, 2012
Project Overview:

Amendment to revise Chapter 27.60 Planned Unit Development (PUD) and 27.65 Community Unit Plan (CUP) to revise the administrative amendment language to: update the text, add criteria for approval of multi-family buildings over the zoning district height adjacent to single or two family uses and permit tandem parking in a driveway leading to a garage in apartment complexes.

Amendment to revise Chapter 3.35, Design Standards for Community Unit Plans and Chapter 3.50, Design Standards for Screening and Landscaping to remove outdated language, add criteria for the placement of multi-family buildings over the zoning district height adjacent to single or two family uses and landscaping standards for such multi-family dwellings, garages and driveways. The proposal amends Sections 1.2 of Chapter 3.35 on the "Shape, size and locations of buildings; open space buffers" and Section 7.3, "Multiple Family Dwellings Approved by Special Permit, Planned Unit Development and Use Permit" of Chapter 3.50.

The amendment requires a greater setback for any multi-family dwelling which exceeds the zoning district height when they are adjacent to future or existing single or two family dwellings. The increase in height would be limited to 10 feet administratively. Coupled with the proposed Misc. #12003 it also provides appropriate screening and landscaping for apartments. The amendment tries to find a balance between the increased height of multi-family buildings and impact on adjacent lower density land uses.

Additional information for TX12003-MISC | Additional information for TX12009-CZ

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MISC12002 and TX12008-CZ — Use Groups

Staff Contact:
Christy Eichorn, 402-441-7603
Approved:
June 25, 2012
Project Overview:

It has been 30 years since the last major update of the City of Lincoln Zoning Ordinance. Today's Ordinance still reflects the land use structure of the Zoning Ordinance when it was first adopted in the 1950's. Since 1979, the Zoning Ordinance has been amended over 530 times. All of these amendments have produced a document that can be confusing, inconsistent and at times difficult to interpret which often leads to significant staff time spent on interpretation and numerous delays to private parties.

To address this issue, staff has looked at the way other communities have formatted their codes to make them more user friendly. The format that should work best with our existing code is called Use Groups. This format allows all use types to be categorized by group. The use can then either be regulated as part of a group or as an individual use depending on local community values.

The Use Groups proposal addresses many of the past problems while streamlining the Ordinance and the process significantly by:

  • Reducing the list of over 270 different land uses down to 14 use groups, eliminating the possibility that a use isn't listed by making the groups all in-compassing.
  • Increase the emphasis on treating like uses in a similar manner. Today, too many uses with similar impacts are treated very differently.

This is not a change to the type of zoning code Lincoln has, it is simply an effort to reformat the existing code to make it more user friendly.

Use Groups are a mechanism for categorizing land uses and activities based on common, functional, and physical characteristics. The categorization of types of uses into use groups provides a systematic basis for assignment of present and future use types to zoning districts. The categorization of uses is derived from the goals and policies of the Lincoln/Lancaster County Comprehensive Plan. Use Groups are a way to organize and format a zoning ordinance.

Additional information for MISC12002 | Additional information for TX12008

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TX11007-CZ — Zoning Confirmation Letters

Staff Contact:
Stephen Henrichsen, 402-441-6374
Approved:
March 23, 2011
Project Overview:

To amend Chapter 27.80 of the Lincoln Municipal Code relating to fees by amending Section 27.80.010 to require a person requesting a zoning action confirmation letter to pay an appropriate fee as established by resolution of the City Council. This new service has been requested by numerous parties in recent years typically to satisfy lending requirements. The proposed text amendment will allow the City to prepare and charge $60.00 for a zoning confirmation letter when requested by a private party.

It is common for cities to provide a standard letter of this type for a small fee. Building & Safety, which is officially charged with enforcing the zoning code, provided these letters until about 7 or 8 years ago. It was a very busy time for permitting activity, and they decided that these letters had become too time-consuming. Since that time, private attorneys have provided this service - although these attorneys sometimes end up contacting Planning and/or Building & Safety to obtain information or confirm an interpretation. Also, from time to time, particularly in a situation where a federal grant for housing assistance was being sought, the Planning Department or City Attorney have provided this service at no fee.

In February 2011, the Planning Department routed this proposal to our "development community" email list. The Department received 8 positive responses and one negative reply to the proposal. Most appreciated that we were starting this service and they noted it is increasingly a requirement of lenders, particularly out of state lenders to provide zoning confirmation on a loan.

Additional information for TX11007-CZ

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TX11004-CZ — County Board delegation to Planning Commission

Staff Contact:
Sara Hartzell, 402-441-6370
Approved:
March 29, 2011
Project Overview:

An amendment to the County zoning resolution to delegate final action on special permits to the Planning Commission. Also allowed final action on applications to the County Board of Zoning Appeals. Actions from both may be appealed to the County Board. This amendment allowed the same procedure for the County as now exists in the City of Lincoln for special permits. Overall this should result in a streamlined and faster action for the applicants.

Additional information for TX11004-CZ

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TX10026-CZ and TX11003-CZ — Commercial Wind Farms

Staff Contact:
Sara Hartzell, 402-441-6370
Approved:
March 29, 2011
Project Overview:

An amendment to the City zoning ordinance (Change of Zone 11003) to add commercial wind machines by special permit in the AG Agriculture District. Amends Sections 27.03.161 Definitions, 27.07.040 AG Agriculture and 27.63.425 Special Permits. Adoption of this amendment provides reasonable review and protection for the installation of large commercial wind turbines in Lincoln's jurisdiction. It also matches proposed Lancaster County language (Change of Zone 10026).

Additional information for TX10026-CZ | Additional information for TX11003-CZ

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TX09018-CZ — Rural Home-Based Business

Staff Contact:
Sara Hartzell, 402-441-6371
Approved:
September 29, 2009
Project Overview:

Amended the Lancaster County Zoning Resolution by amending Article 2 Definitions, Article 4.007 Agricultural District special uses, Article 13, Special Permit, Section 13.001(27) and Article 15 Addition Use Regulations, to allow for an expanded home occupation by special permit and allow a home occupation to have one non-family employee. The amendment;

  1. adjusts the definition of home occupation to allow one on-family employee
  2. adds the expanded home occupation to the list of Special Permitted uses in the AG Agriculture District
  3. adds a provision to the Special Permit Chapter that allows an expanded home occupation and lists the conditions that should be applied to the special permit. It also allows the County Board to remove, modify, or add to specified conditions as needed.
  4. adjusts the home occupation language under Article 15 (A use allowed in all districts) to reflect these other changes

Additional information for TX09018-CZ

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TX08071-CZ and TX08072-CZ — Review of Mining Standards

Staff Contact:
Sara Hartzell, 402-441-6371
Approved:
March 10, 2009
Project Overview:

Mining and the extraction of sand, gravel and soil is allowed within the City jurisdiction (city limits and the 3-mile zoning jurisdiction) by Special Permit in the AG, AGR, R-3, B-2, H-2, H-3, H-4 and I-1 Districts. Sections 27.63.160 and 27.63.360 of the City code provide conditions of approval for operations approved by Special Permit. These conditions deal with filling requirements, grading, erosion control, groundwater concerns, vehicle storage and entrance, and other issues. Beyond the 3-mile zoning jurisdiction, the County regulates mining operations in the AG and AGR Districts by Special Permit under Article 13.001(14) (no conditions codified).

In the past, rural residents have expressed concerns that some of the standards and conditions of approval are inadequate, and enforcement is lacking. In response, Planning Commissioners and Planning staff discussed the issue with the City Council and County Board, and staff organized meetings with various stakeholders, including other departments and agencies, mining contractors, and interested neighbors. Following several months of public input, the City Council and County Board approved new regulations in early 2009.

If you have a concern or complaint regarding the enforcement of soil mining operations in Lincoln or Lancaster County, please refer to the list below of departments and agencies and their specific area of enforcement.

Additional information for TX08071-CZ | Additional information for TX08072-CZ

Department/Agency Contacts Regarding Enforcement Issues
Department/Agency Enforcement Issue Staff Name Telephone
Building and SafetyConditions of a special permitTerry Kathe402-441-6447
Health DepartmentAir quality and dustScott Holmes
Rick Thorson
402-441-8019
402-441-6236
County EngineerRoad access and impactsKen Schroeder402-441-7681
Lower Platte South NRDErosion and sediment control
Ground water/wells
Administration
JB Dixon
Jesse Korus
Paul Zillig or Glenn Johnson
402-441-6447
402-476-2729
402-476-2729
Public Works Watershed ManagementWater quality and sediment controlGary Lacey or Terry Ullsperger402-441-4957
Nebraska Department of Environmental QualityWater quality and runoff, wellsBruce Hanson, Ron Asch or Bruce Clendenin
Will Myers
402-471-3376
402-471-2186
Nebraska Department of RoadsAccess/dirt or mud on state roadwaysGary Prey402-471-0850 X1132
Public Works Engineering ServicesAccess to City StreetsBuff Baker
Dennis Bartels
402-441-7838
402-441-7595
Planning DepartmentSpecial permit requirements and zoning codeSara Hartzell402-441-6371
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TX08040-CZ and TX08042-CZ — Wind Machines

Staff Contact:
Sara Hartzell, 402-441-6371
Approved:
October 20, 2008
Project Overview:

The change allowed wind machines/wind mills as a conditional use or permitted use in all districts and a special permit over the height of the district verses the previous provisions where a special permit is required in most districts. This should remove barriers to the use of this form of alternative energy but not adversely impact neighbors.

Specifically the amendment by the Director of Planning in the City (CZ 08040) amended the Zoning Ordinance to define "wind energy conversion system" (WECS); to add WECS as a permitted use in the AG, AGR, R-1 through R-8, O-1 through O-3, B-1, B-2, B-3, B-5 and H-1 through H-4 zoning districts; to add WECS as a permitted conditional use in the AG and AGR districts, to add WECS as a permitted special use in the R-1 through R-8, O-1 through O-3, B-1 through B-5, H-1 through H-4, and I-1 through I-3 zoning districts; to amend the special permit requirements for WECS; and to clarify that WECS may exceed the height of the district in which the WECS is located. Similar amendments were made to the County zoning ordinance (CZ 08042).

Additional information for TX08040-CZ | Additional information for TX08042-CZ

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TX08039 — Outdoor Lighting Study

Staff Contact:
Tom Cajka, 402-441-5662
Approved:
September 15, 2008
Project Overview:

As part of the processing of the lighting amendments for the Near South Neighborhood relative to light trespass from commercial uses to residences, the Planning Department found that the existing lighting standards were spotty, inconsistent, unenforced and antiquated. The Department stated in its report to the Planning Commission and City Council that it was appropriate to take a more comprehensive review of lighting issues in Lincoln.

The Planning Department is the lead agency in this effort. The City retained Olsson & Associates as a consultant to:

  1. review the current provisions of Lincoln codes;
  2. do field surveys and public workshops and
  3. provide suggestions for corrections and updates to the current code.

As part of this effort, the Department created a Lighting Task Force to assist staff and the consultant in developing updated language.

The Final Report, with one chapter containing draft language to amend the City's Design Standards, was released in January, 2008. Staff presented the proposed new standards to various organizations and committees for their comments, made revisions, and brought the standards through the Planning Commission and City Council.

Additional information for TX08039-CZ

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TX08034 — Sign Code Amendments

Staff Contact:
Christy Eichorn, 402-441-7603
Approved:
August 28, 2008
Project Overview:

This amendment was a complete update to the sign code in the City zoning ordinance Chapter 27.69. The changes adopted in August 2008 included:

  • Eliminating small differences in standards for groups of similar zoning districts.
  • Eliminating redundant language and grouping that language under General Provisions.
  • Eliminating the distinction between "ground" and "pole" signs and just regulating sign height for "freestanding" signs.
  • Placing all the rules for freestanding signs in table form.
  • Increasing some allowable sign heights in the newer commercial districts, and reducing some sign heights in the older ones.
  • Removing some terms that were undefined and unclear, adding new definitions, and clarifying existing ones.
  • Establishing uniform distance requirements for illuminated signs near residential zones.
  • Clarifying that a noncommercial message is allowed on any sign that is permitted to be installed and used for commercial on-premise messages.
  • Removing the limitations on the time duration for temporary signs used to advertise election candidates.
  • Relocating standards from the separate city code chapter governing sign installation and fees (22.05) into the sign section of the zoning chapter.

Additional information for TX08034-CZ

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