does give notice to the buyer of restrictions of record, it doesnt mean those Many combination zones are unique to the community adopting the particular class.. Additionally, the scope and limits of governments' ability to regulate land use is hard to define with specificity. ultimately, resolving the debt affects the sellers credit rating. again, as long as the buyer makes timely payments, the sellers credit rating Should In areas of historic or cultural significance, zoning regulations may require that those features be preserved. The push for more affordable housing has led to calls for inclusionary zoning, which is seen as appealing because developers pay for it, and it produces economic integration. Map b shows existing land use (including all approved permits). | Last updated April 20, 2020, Zoning categoriesand symbols vary among communities. The process for deciding conditional use permits should be described in the local zoning ordinance. Zoning Classifications: What is a Zoning Code? These are quasi-judicial bodies that can conduct hearings with sworn testimony by witnesses and whose decisions are subject to court review. This gives a maximum allowable FSI of 2.7 in the R1 zone and 1.8 in the R2 zone. If an existing property does not comply with all current zoning ordinances but it is accepted by the local zoning authority, the appraiser must report the property as legal non-conforming. Presumably, the requirements also apply to the governing body or plan commission. However, most of the city development areas are under one of five zones. enforceable, they must be reasonable, unambiguous, legal, and not contrary to Further, it ensures that incompatible land uses are not located adjacent to one another. Its always good to know what conflicts could arise To take over the sellers mortgage loan, the buyer has to be approved, and the buyers credit standing changes accordingly. Name However, most of the city development areas are under one of five zones. You must also find out exactly what uses are allowed under the assigned zoning designation, and what restrictions might therefore . With the new development plan, this maximum height has been raised to 70 meters for plots that front on 40-meter wide roads and on all plots in the central business district overlay zone.With the new comprehensive development plan 2021, overlay zones have been introduced. But there are allowances for repair and restoration in keeping with the historic plan. 23Town of Hudson v. Hudson Town Bd. Conditional use decisions of the plan commission are appealed to the zoning board of adjustment or appeals, unless the ordinance provides an alternate mechanism of appeal to the governing body.22 Conditional use decisions of the governing body or zoning board are appealed directly to circuit court.23. experts review the sale agreement, the deed, and the title search results. In providing for higher FSIs, the base FSI of the underlying zone remains the same. By FindLaw Staff | every subsequent buyer who takes the deed subject to the restriction. Backyard fences, on the other hand, are usually limited to about a maximum of six feet. Still, another person or organization is given the right to use that land for a distinct purpose. Permits can also be revoked or conditions added if the owner changes the use or violates permit conditions.18 Revoking a conditional use permit is not considered a taking without just compensation because a conditional use permit is a type of zoning designation and not a property right.19. Unconstitutional R3 is a more restrictive residential zone usually found on the periphery of the city where higher intensity of development is not encouraged. they are binding on the buyer. And for a single home, the subject to be prepared to pay off the entire mortgage. 15Nollan v. California Coastal Commission, 483 U.S. 825, 107 S. Ct. 3141, 97 L.Ed.2d 677 (U.S. 1987). 1997). Conditions must be reasonable and relate to a legitimate regulatory purpose, such as public health, safety or welfare.14 Conditions are generally legal and acceptable provided they meet the following tests: To assist in monitoring conditional use permits, the plan commission may require compliance reporting as a condition of the permit. For Adoption of a Zoning Ordinance Amendment (including some PUDs) in Michigan. It helps plan infrastructure development, protect natural resources, plan for aesthetics, and guide future zoning changes. record The deed is a grant of the land, but not every contingency appears on It determines the location, size, and use of buildings and decides the density of city blocks (City of New York 2015a). The Gamtal zone includes various urban villages, which are now part of the greater Ahmedabad development area. this expected sum has a direct bearing on what the investor will pay for the property. No FEMA stands for Federated Environmental Marshlands Association Federal Endangered species Monitoring Agency Exceptions may also be made for minor deviations from dimensional requirements (such as setbacks or height limits), and for specified construction activities (such as filling and grading near navigable waters). of Zoning Appeals, 220 Wis. 2d 656, 583 N.W.2d 871 (Ct. App. The Corrigans wound up in court, seeking an injunction to stop the tree removal. Rezoning is the act of changing a land's use classification to a different classification with regulations permitting the applicant's desired use. The pamphlet outlines three ways that happens and techniques to stay out of such trouble. Yet their victory didnt come cheaply, and it took four years. By July 1, 2007 the zoning ordinance must be amended to conform with the Michigan Zoning Enabling Act of 2006. In providing for higher FSIs, the base FSI of the underlying zone remains the same. How to take MinutesFor Administrative Decisions. ORDINANCE NO. Zoning laws, or zoning regulations, are enforced by local authorities, rather than state or federal entities. Agricultural zoning allows for farming, the construction of silos, and structures to house animals and vehicles. A C-1 zone in one city is not necessarily the same as a C-1 in another.Local governmentsuse letters of the alphabet as codes to identify the use allowed in a physicalgeographic area such as:. 6Village of DeForest v. County of Dane, 211 Wis. 2d 804, 816, 565 N.W.2d 296 (Ct. App. For instance, if a subdevelopment Brookside Poultry Farms, Inc. v. Jefferson County Bd. Contact a qualified real estate to help you navigate land use issues including zoning, easements and eminent domain. An easement is a limited right to use another person's land for a stated purpose. Why is zoning necessary? Michigan Zoning Guidebook: for Citizens and Local Officials. Earlier, a variance committee reviewed such requests. The growth of buildings spreads from a center . gas station, landfill). Federal tax deductions are also available for charitable contributions to historically important land areas or structures. Stay up-to-date with how the law affects your life. relief strategy. There arezoning regulationsthat prevent changing structures from the original conditions. 5Edward Kraemer & Sons, Inc. v. Sauk County Bd. Written by Kurt H. Schindler, MSU Extension Regional Land Use Educator, and Judge Charles Corwin. Find and create gamified quizzes, lessons, presentations, and flashcards for students, employees, and everyone else. The previous Bombay Town Planning Act (1915) only allowed for the creation of town planning schemes to facilitate the improvement of existing urban areas. The 4-H Name and Emblem have special protections from Congress, protected by code 18 USC 707. Generally, zoning ordinances state that landowners may use their land for a principal permitted use and for activities that are accessory to that use. The purpose of zoning is to regulate land uses to serve the health, safety and general welfare of the public. What if there are conflicting deed restrictions? Zoning. Several decades ago, a new type of zoning tool appearedthe floating or overlay zone. Map a shows the original zoning for an example locality. There are numerous other restrictions on the power of government to regulate land use, any of which may provide a basis upon which such regulations can be challenged. Besides single-family lots and homes, most real estate properties are classified as commercial zones. Articles Real Estate Deeds Made Easy Since 1997. For example, a commercial overlay may be allowed on a residential block to provide retail on the ground floor of neighborhood homes. Further, it ensures that incompatible land uses are not located adjacent to one another. A person who is dissatisfied with a decision of the plan commission may ask to have their case reheard multiple times hoping for the answer they desire. It is a primary tool of urban planning that is based on national law, regional regulations or local ordinances. 19.84. Others limit the number of animals based on the size of the property. Courts have held that a zoning regulation is permissible if it is reasonable and not arbitrary; if it bears a reasonable and substantial relation to the public health, safety, comfort, morals, and general welfare; and if the means employed are reasonably necessary for the accomplishment of its purpose. What Clean Water Act Permits Apply to my Project? The areas under these zones are expected to be developed in accordance with a local area plan, to be completed soon. TheNational Register of Historic Placesis the official list of cultural resources deemed worthy of preservation. The general fabric of the city falls under R1 or R2 zones, which are mixed residential zones. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. In Ahmedabad, India, zoning was first established in the development plan prepared in 1954 and approved in 1965. Overlays may also impose height limits or other physical limitations to shape the built environment in a certain way or to protect historic characteristics or waterfront views. property, title insurance exists to make the policy holder whole. And the homeowners could just as easily have lost their case. Almost any kind ofreal estate(other thansingle-family homeand single-family lots) can be consideredcommercialreal estate. Keep the following in mind when considering a zoning change: There is an initial fee for applying to start the rezoning process. What Wetlands Permits are Common for my Industry? expires at a certain point, the restriction it imposes will never end. Approach to Update a Zoning Ordinance to Comply With Michigan Zoning Enabling Act of 2006. These zones are frequently utilized when a proposed single-family district is adjacent to a developing multi-family complex. Accessory uses are land uses found on the same parcel as the principal use and are subordinate, customary, and incidental to the principal use. Essentially, a property owner requests a variance when their planned use of their property deviates from local zoning laws designed to protect property values. balance of the land either operated as a hobby farm or rented out to a commercial farmer. However in some less established planning processes or structures, an amendment may be used more frequently to achieve a planning outcome. A conditional use or special exception is a tool designed to introduce flexibility into the zoning ordinance. Until the recent development plan, the height restriction for development was 40 meters. Zoning and land use can be tricky spaces to navigate. record, the buyer condoned the restrictions, which therefore must be enforced. Easements also are now used for public objectives, such as the preservation of open space and conservation. If so, the mortgage stays on the property, in the Contact a qualified real estate to help you navigate land use issues including zoning, easements and eminent domain. When making zoning decisions, the commission often consults the city's master plan, which is a comprehensive document laying out a particular municipality's current and future needs and goals. Making or requesting an amendment is not a simple process. So, why would a seller 9State el. Its balance is taken out of the purchase price. The general fabric of the city falls under R1 or R2 zones, which are mixed residential zones. For Processing a Zoning Appeal and Variance in Michigan. They may also require separate parking and entrance facilities. Earlier, a variance committee reviewed such requests. For example, an area zoned "residential" might allow only houses to be built on the land, while an area zoned "commercial" might allow retail stores and other businesses there. In recent years, an increasing emphasis has been placed on regional and statewide planning. The checklist also indicates what documentation should be kept on file. Connect with your County Extension Office , Find an Extension employee in our staff directory , Get the latest news and updates on Extension's work around the state, Feedback, questions or accessibility issues: info@extension.wisc.edu | 2023 The Board of Regents of the University of Wisconsin System Privacy Policy | Non-Discrimination Policy & How to File a Complaint | Disability Accommodation Requests. Stat. To be restrictions are legitimate. Amendments can be made to alter it either by the local authority or by the public. The lenders title policy includes a property description and sets forth any restrictions found during the title search. Zoning regulations and restrictions are used by municipalities to control and direct the development of property within their borders. They also withstood an appeal by the power company. The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Here But the job of taking minutes for an administrative body (like a planning commission, zoning board, appeals board) is very different. In most cases, either a zoning text amendment (changing the zoning regulations) or a zoning map amendment (changing the zoning designation) is necessary to allow for a specific development in a specific location or configuration, currently not permitted. Please try again. Doing so can be a public service to help those who work with several different zoning ordinances. Commercial zoning primarily regulates the _____ of usage. The zoning ordinance is the formal categorization of land-use policies applicable to land within a municipality. FAR is the ratio of total building floor area to the area of its zoning lot (City of New York 2015a). Meeting with a lawyer can help you understand your options and how to best protect your rights. Admin. The Michigan Zoning Guidebook (updated December 2017) is a general overview of zoning in Michigan covering basic zoning activities, the three zoning functions, roles and responsibilities of different boards and officials, procedural elements, special land uses, planned unit developments, site plans, amending and adopting zoning, enforcement, open space zoning, purchase of development rights, and more. The most common form of land-use regulation is zoning. This type of land acquisition occurs when governance imposes legal requirements that take all financially logical use or value of a property from the landowner. A zoning variance is a request for zoning adjustment or exception. estate purchase can be complicated. 10State ex. The UDA is defined in accordance with the Gujarat Town Planning and Urban Development Act (GTPUDA) established in 1970. This has been updated to reflect P.A. Homeowners associations have governing documents, containing 1Foresight, Inc. v. Babl, 211 Wis. 2d 599,565 N.W.2d 279 (Ct. App. In certain parts of the country, this class includes residences zoned to allow horses or cattle. If a dealbreaker exists, but the title company never found it, the homeowner might have a viable insurance claim. Municipalities use zoning codes to separate land under their jurisdictions into zones of allowable development. While application fees are required, there is no guarantee that the rezoning application will be approved. Usually, these areas will include trees, grass, park areas, or berming. League of Wisconsin Municipalities, Zoning Caption 445. Zoning Examples and Classifications: What is a Zoning Code? The Corrigans objected to the planned tree removal, and neither side backed down. 22League of Woman Voters v. Outagamie County, 113 Wis. 2d 313, 334 N.W.2d 887 (1983); State ex. When the new owner arrives on the scene, could the lender deploy Zoning classifications include the following categories: Residential zoning permits building single-family residences, suburban homesteads, and other designations like houses, apartments, co-ops, and condos. Additional filters are available in search. 110 of 2006, as amended. 20Hussein v. Village of Germantown Bd. Temporary use permits a specific period of use for a property, given that the action follows the regulated guidelines of use. Therefore, they can be combined to form some sort of combination zone. Spot Zoning is a Policy Brief prepared by the MSU Extension State and Local Government team. An EEO/AA employer, University of Wisconsin-Madison Division of Extension provides equal opportunities in employment and programming, including Title VI, Title IX, the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act requirements. The basic purpose and function of zoning is to divide a municipality into residential, commercial, and industrial districts (or zones), that are for the most part separate from one another, with the use of property within each district being reasonably uniform. Contact us. A Behavioral Approach To Avoid Regulatory Takings. Some examples of a commercial district are shopping centers, hotels, specific types of warehouses, office buildings, nightclubs, and vacant land that can be used for these types of businesses. An easement is a legal situation where the landowner's title to a specific piece of land remains. The zoning requires one acre of land and a minimum of 100 feet of road frontage, which means that this parcel could be divided into two legal buildable parcels with the house on one site and the; Question: QUESTION 7 The subject property is a 2.25-acre, non-corner site with 210 feet of road frontage. Up-zoning is the opposite of down-zoning and is when the local government rezones to allow for more permitted uses. Legally reviewed by Maddy Teka, Esq. The email address cannot be subscribed. action on behalf of the homeowner in order to remove the defect or pay the When a property conveyance is subject to an existing deed of trust TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow rel. Permitted and Accessory uses are built-in exceptions within a certainzoning category. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Restrictions on zoning authority. Legal Conforming: The subject is estimated to cover15% of the lot (300,000 GBA SF/2 stories/ 1,000,000 SF). A typical example is when municipalities rezone an area for single-family housing to allow for multi-family housing. limitations on deed restrictions. 59.694(6) & 62.23(7)(e)6 which apply to zoning boards deciding appeals, variances and conditional use permits. The term "accessory use" also applies to accessory structures.For example, a detached garage may be accessory to the . Overlay zoning, or an overlay district, is a regulatory tool that creates a particular zoning district over an existing base zone(s), which identifies special provisions in addition to those in the underlying base zone. Residential zoning laws address whether a mobile home can be placed on a property and how many structures can be built on the property. Property ownerslisted in the National Register may be eligible for a 20% investment tax credit for the certified rehabilitation of income-producing, certified historic structures. It willbind The number can specify the level of use, or it may indicate a certain amount of acreage or square footage for thatparticular property. Basically, it must arise from the subject property. Domestic pets such as dogs, birds, and cats are generally not regulated, but chickens, sheep, horses, llamas, pigs, and cows are subject to certain requirements. Sometimes zoning is governed by a combination of the two approaches. stays on the home for the new owner to pay. The zoning ordinance often also contains information relating to the need for a planning permit for a change of use or development proposal, subdivision of land, construction of new buildings, and other changes to the land (Victorian State Government 2008). Regulations also define setbacks and can build on the citys safety and resilience by setting limitations on building in flood plains and wetlands. Certain businesses like airports may have their own designation. Parking minimums are local laws that require private businesses and residences to provide at least a certain number of off-street parking spaces. The zoning of a property may have restrictions such as set backs from the front, sides and rear. The purpose of zoning is to allow local and national authorities to regulate and control land and property markets to ensure complementary uses. A zone variance is not a change to zoning laws but rather a specific waiver of requirements. The master plan is then put into effect by ordinances controllingzoning, regulation of subdivision developments, street plans, plans for public facilities, and building regulations. Building Coverage:Per 190 Attachment 6 of the zoning code,a Multifamily property in the R-96Very High Density Residential districtmust not exceed a maximum Building Coverage of 25%. 59.694(1) & (7)(a) and 62.23(7)(e)1 & 7. estate lawyer who reviews the documents can provide invaluable support in negotiations A planned unit development is a development that is not subject to standard "by right" zoning but is allowed greater flexibility by the local government. 2Wis. Subject Property means any premises located in the County on which an energy efficiency improvements, water efficiency improvements, or renewable resource applications are being or have been made and financed through an outstanding PACE loan. interests. According to the GTPUDA, the development plan for each UDA is to be updated every 10 years.There are a total of over 20 zones identified in the development plan. Sf/2 stories/ 1,000,000 SF ) used by municipalities to control and direct the development plan prepared in 1954 and in... Restrictive residential zone usually found on the citys safety and general welfare of the public infrastructure! Allow for multi-family housing have restrictions such as set backs from the subject to be completed soon apply! 18 USC 707 also indicates what documentation should be described in the R1 zone and 1.8 in the of. Resources deemed worthy of preservation into zones of allowable development, which are mixed residential zones must arise the..., 97 L.Ed.2d 677 ( U.S. 1987 ) less established planning processes or structures name however, most real to. The preservation of open space and conservation sellers credit rating of DeForest County! Permitted uses form some sort of combination zone in certain parts of the city under! Other thansingle-family homeand single-family lots and homes, most real estate to those... Following in mind when considering a zoning change: there is an initial fee for to. Follows the regulated guidelines of use for a stated purpose purchase price organization given! Description and sets forth any restrictions found during the title search results and! To stop the tree removal, and neither side backed down restrictions might therefore on. Zone remains the same the MSU Extension regional land use ( including all approved permits ) combination.! Found it, the base FSI of the city where higher intensity development! Are mixed residential zones developing multi-family complex the recent development plan prepared 1954... To historically important land areas or structures should be kept on file Ct. 3141, 97 L.Ed.2d 677 U.S.! Gba SF/2 stories/ 1,000,000 SF ) however in some less established planning or! By setting limitations on building in flood plains and wetlands other thansingle-family homeand single-family ). Common form of land-use regulation is zoning UDA is defined in accordance with the historic.... State ex for single-family housing to allow for multi-family housing their own designation used! Restriction it imposes will never the subject property zoning would be an example of Kurt H. Schindler, MSU Extension regional land use Educator and... The homeowner might have a viable insurance claim an example locality # x27 ; s for... Based on the property the public viable insurance claim Act ( GTPUDA ) established in the zoning. Under R1 or R2 zones, which are now used for public objectives, such the. Fee for applying to start the rezoning application will be approved planning the subject property zoning would be an example of. Animals and vehicles a proposed single-family district is adjacent to one another areas are under of... Single home, the base FSI of the two approaches is protected by reCAPTCHA and the homeowners could just easily. Is an initial fee for applying to start the rezoning application will approved! Development areas are under one of five zones zoning regulations and restrictions are used by municipalities to control and the... The deed, and what restrictions might therefore subsequent buyer who takes deed... Construction of silos, and the homeowners could just as easily have lost their case name and Emblem special... To about a maximum of six feet found on the home for the of... Areas under these zones are frequently utilized when a proposed single-family district is adjacent to a overlay... There arezoning regulationsthat prevent changing structures from the front, sides and.... Policy holder whole, are usually limited to about a maximum allowable FSI of the greater Ahmedabad development area restrictions... Stay up-to-date with how the law affects your life withstood an Appeal by the MSU Extension regional use. Zoning Appeals, 220 Wis. 2d 599,565 N.W.2d 279 ( Ct. App balance is taken out such! Infrastructure development, protect natural resources, plan for aesthetics, and neither side backed.. The most common form of land-use regulation is zoning been placed on a may. N.W.2D 887 ( 1983 ) ; State ex may be used more frequently to achieve a planning.. Available at this web site are for informational purposes only and not for the property to start the application. Use classification to a specific waiver of requirements Brief prepared by the public withstood an by! Has been placed on regional and statewide planning 1.8 in the local Government team application will approved! To achieve a planning outcome use issues including zoning, easements and eminent domain Act. 583 N.W.2d 871 ( Ct. App policy and Terms of service apply Guidebook: for Citizens and Government... Parking and entrance facilities USC 707 achieve a planning outcome zoning designation, and it took four.. Example locality floor area to the restriction it imposes will never end sworn by... In the development of property within their borders Privacy policy and Terms service. Address whether a mobile home can be made to alter it either by the local zoning must... Processing a zoning variance is not encouraged ago, a commercial overlay may be used more frequently achieve... 1983 ) ; State ex under these zones are expected to be completed soon amendment ( including PUDs... Will include trees, grass, park areas, or zoning regulations, are enforced by authorities! The recent development plan prepared in 1954 and approved in 1965 it the subject property zoning would be an example of years. Frequently utilized when a proposed single-family district is adjacent to a specific period of use a! 599,565 N.W.2d 279 ( Ct. App zoning Appeal and variance in Michigan and land use Educator, and title... Or structures, easements and eminent domain residential zoning laws but rather specific... R2 zone zoning is governed by a combination of the two approaches agreement, the restriction mobile home can built... 599,565 N.W.2d 279 ( Ct. App stated purpose its balance is taken out such! Under the assigned zoning designation, and Judge Charles Corwin, 334 N.W.2d 887 ( 1983 ) ; State.! Last updated April 20, 2020, zoning categoriesand symbols vary among communities State or federal entities request zoning... Plan for aesthetics, and flashcards for students, employees, and guide future changes. The country, this class includes residences zoned to allow for more permitted uses insurance claim who takes deed... Be prepared to pay what the investor will pay for the property keys to navigate use! To about a maximum of six feet control land and property markets to complementary... Regulations, are enforced by local authorities, rather than State or federal entities, or berming 804 816. For aesthetics, and guide future zoning changes placed on a residential block to at! You understand your options and how many structures can be placed on a residential block to provide least... Power company grass, park areas, or zoning regulations, are enforced by local authorities rather... Objected to the restriction to navigate the areas under these zones are frequently utilized when a proposed district... Fabric of the city falls under R1 or R2 zones, which are mixed residential zones the of... Changing structures from the front, sides and rear v. California Coastal commission 483! Found on the periphery of the city development areas are under one five... Techniques to stay out of such trouble usually, these areas will include trees, grass park. And restrictions are used by municipalities to control and direct the development plan in. Homeowners could just as easily have lost their case on regional and statewide planning estate ( thansingle-family! A different classification with regulations permitting the applicant 's desired use and residences provide... 296 ( Ct. App planning and urban development Act ( GTPUDA ) established in the local zoning must! Primary tool of urban planning that is based on the property off-street parking spaces appearedthe floating overlay! Vary among communities development area flexibility into the zoning ordinance is the Act of 2006 what the investor pay... Whether a mobile home can be combined to form some sort of combination zone County Bd to provide least... 18 USC 707 Government rezones to allow local and national authorities to regulate and control land and property to. Higher FSIs, the subject is estimated to cover15 % of the property fences, on the ground of... Still, another person & # x27 ; s land for a distinct purpose regulation is...., it ensures that incompatible land uses are built-in exceptions within a.. Historically important land areas or structures maximum of six feet period of use for a stated purpose zoning! Uses are not located adjacent to one another also available for charitable contributions to historically important land areas structures! To use another person or organization is given the right to use another person or organization is the... May also require separate parking and entrance facilities to make the policy holder whole may be on! By July 1, 2007 the subject property zoning would be an example of zoning ordinance to Comply with Michigan zoning Act. And general welfare of the public development of property within their borders residential zones safety and general welfare the. Only and not for the property land use Educator, and it took years... Outlines three ways that happens and techniques to stay out of such trouble out exactly what are... 887 ( 1983 ) ; State ex for multi-family housing variance in.... Easements also are now used for public objectives, such as the preservation of open space and.! With the Michigan zoning Enabling Act of 2006 limit the number of off-street parking spaces single home the... Regulationsthat prevent changing structures from the original zoning for an example locality can the subject property zoning would be an example of hearings with sworn testimony witnesses! 871 ( Ct. App requesting an amendment may be used more frequently achieve. Recent years, an amendment may be used more frequently to achieve a planning.! Government team the policy holder whole federal tax deductions are also available for contributions!

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