You do not need a burn authorization to burn yard waste (grass clippings, brush, leaves, tree limbs, palm fronds, etc.) "Rental or Leasing Establishments Group IV" is permitted in the IL and IG districts, or the CPD, IPD, MPD or AOPD districts if listed on the approved schedule of uses. Single family determination pursuant to the Lee Plan automatically provides the property owner with the right to build a single family home without having to obtain variances for lot area, width or depth. Question 2: (I-XVIII)Section 34-792 does not allow roof overhangs or eaves to encroach upon the required 10 foot separation between units in the RV-3 District. The setback is from any "water body." Answer:No. Question: (I-XVIII)The use activity groups (Section 34-622), do not specifically address the sale and servicing of aircraft. If the Sign Ordinance is not clear, it would be appropriate for the enforcing agency to issue an interpretation, or to propose any necessary amendments to the Board of County Commissioners. The intent of this section is to recognize the problem created by the Comprehensive Plan in its definition for density. Answer: A caretaker's residence is a customary accessory use for miniwarehouses and it would be permitted provided it is clearly accessory to the permitted use and is the only residential use on the property. Section 34-1772(a) and (b) are particularly applicable to the question: Therefore, by definition, a trucking terminal would not be a home occupation. Lawn and Garden Supply Stores means establishments primarily engaged in selling trees, shrubs, other plants, seeds, bulbs, mulches, soil conditions, fertilizers, pesticides, garden tools, and other garden supplies to the general public. In some cases old annotations have been modified to reflect ordinance amendments but the intent of the original annotation has not been changed. Environmental Engineering 239-274-2200 LeeCHDEEFeedback@flhealth.gov Fax. Contact the Water Programs. Since these lots are recombined and not newly created lots, variances would not be required for site area, depth and width. Answer:No, this is not an error or omission. Every swimming pool shall be enclosed by a fence, wall, screen enclosure or other structure constructed or installed so as to obstruct access thereto except by a gate. This created an unfair situation for property owners electing to set their residence further back from the street than required by the minimum setback. (3) Any required side yard setback. Packaging or repackaging of materials which does not chemically or physically alter the composition of an item is permitted under "Processing and Warehousing." 2.) geddy lee house; george weyerhaeuser net worth. Side yards20% or 15 feet, whichever is less. Contact Bob Lee, Right-of-Way Specialist, at 941.743.1264 or Robert.Lee@CharlotteCountyFL.gov. Answer:With the exceptions of streets, and bodies of water, any "easement" across private land may be included in calculating setback distance. . Does a remainder parcel which was created as a result of other parcels deeded out from a parent tract, all of which were deeded prior to the effective date of the Development Standards Ordinance, require a lot split approval? ARTICLE VII DIVISION 3 ADULT ENTERTAINMENT, ADULT BOOKSTORES AND MASSAGE PARLORSSECTION 34-1204 Prohibited locationsQuestion 1: (I-XVIII)Please clarify how the distance measurements are to be made from what to what? Merely adding a grill or sandwiches to bar or cocktail lounges does not qualify the bar to be called a restaurant. Answer:No to all questions. Since the lot is determined to be in compliance with zoning, there is no need to file for a lot split approval as a favorable single family determination automatically provides the right for the single family home.Question #2: (XXII) SECTION 34-2194 Setbacks from bodies of waterQuestion 1: (I-XVIII)Section 34-2194(b) states that you must comply with the setbacks from natural bodies of water as set forth in the zoning district property development regulations. (Ord. SECTION 34-1744 Location and height of fences and wallsBackground:Section 34-1744(a)(3) indicates that no fence shall be "closer than five (5) feet from the mean high water line along natural water bodies including canals, created from sovereign lands, except that, where the canal is seawalled, said fence may be built landward of the seawall. Some manufacturing would be a recognized ancillary function provided the establishment remains primarily a research and development laboratory. Section 34-3021(c) lists uses that are permitted by right when clearly subordinate to the principal use, subject to specific requirements. Parking for the Place of Worship is calculated independently from the other facilities. Furthermore, Section 34-1178 specifically addresses guesthouses; and Section 34-3 states the standard rule of statutory construction is that "the particular shall control the general.". Approvals - 3 minutes R4101.4 Approvals Commercial uses allowed pursuant to Section 528 do not require additional parking provided those uses are clearly subordinate to the principal use and are in compliance with the conditions set forth in Section 34-3021(c). (Supp. ARTICLE VI DIVISION 2 AGRICULTURAL DISTRICTS SECTION 34-653 Use regulations tableQuestion: (XXI)Agricultural districts permit nurseries as a permitted use in all AG zones. tyler florence sunglasses; bailey and southside morning show; recent cases solved by fingerprints 2021; . SECTION 34-1178 Guest HousesQuestion 1: (I-XVIII)Is it the intent of the Zoning Ordinance to prohibit new guest-houses except on property zoned RSC-2 on Captiva Island that was converted from RS-2 pursuant to section 34-619? However, the Health Department may have had regulations for commercial pools. The roman numeral following a question refers to the particular annotations group in which the question was originally addressed. An accessory building or structure is one which is customarily incidental and subordinate to a principal building or use, and located on the same premises (see definition of "Building, or Structure, accessory"). This will also preclude problems in the future if an applicant decides to enclose the pool with a screen enclosure.Question 3: (I-XVIII)Are there any height restrictions on pool decks (wood or concrete)? We specialize in installing and repairing vinyl, aluminum, wood, and chain-link fences. You can also talk to a plans examiner at the permit center who Question #1: (XXII)Does a favorable single family determination pursuant to the Lee Plan exempt a property owner from having to obtain a lot split approval under the DSO? Question: (XXI) However, this does not authorize the location of a use in a district where that use is not either a permitted principal use or accessory use. Does this include a service or employees only entrance/exit or only customer entrance/exits? and b.1. port authority to monticello bus / thanksgiving at the abbey resort / fire setbacks for solar florida. However, it cannot be enlarged.Question 2: (I-XVIII)The applicant is required to furnish proof that the unit to be repaired or replaced existed prior to the new Zoning Ordinance (1986). if the property is in an Agricultural district, it may only be necessary to apply for a Special Exception provided the excavation is less than 320 acres, otherwise an appropriate Planned Development approval is required. Shouldn't this also say that they must be approved by the Director? Mobile homes, Recreational Vehicles, and Park Trailers are all specifically defined. Answer:Yes. Under the provisions of Section 34-32754, if the lots exceed 4,000 square feet with minimum 40 x 75 foot dimensions, and if the property is currently zoned for commercial or industrial use, then it can be used and the owner is not required to combine them However, the owner must be able to comply with the setback requirements set forth in Section 34-3275(1), as well as provide room for the use anticipated, including open space, parking access, surface water management, and buffers where required. However, RV1 and RV2 allow a 12 inch encroachment. Answer:Section 34-2478 refers you to Sections 34-2011 - 34-2022 concerning OffStreet Parking Requirements. Construction, placement, erection and maintenance of docks, mooring piles, seawalls, watercraft landing facilities and other structures designed for use on or adjacent to waterways shall be in compliance with established building permit procedures and with Chapter 26, Article II. Lot 104 typed as Lot 140), or omitting a Block, Unit, or Building number. Your city or county likely will allow, for instance, fire escapes, porches, balconies, awnings, bay widows and chimneys to breach the. document.write((new Date()).getFullYear());Lee County, FL. Subsection 34-2194(c)(2) indicates that Docks, Seawalls, other Watercraft Landing Facilities are subject to Section 34-1863 which states: 34-1863 Construction and maintenance of docks, seawalls, and other structures designed for use on or adjacent to waterways. Answer:No. SECTION 34-1748 Enclosure of high-voltage transformers and other utility equipmentBackground:Section 34-1748 requires all substations or equipment of potential hazard to residents or passersby not otherwise protected shall be enclosed by a chainlink fence not less than eight feet (8') in height and topped with three strands of barbed wire. AskEH@flhealth.gov. Does this mean that a "plant nursery" must be shielded? In that case, refer to the definition of "Water, Body of" and you will see it includes both artificial and natural. additional parking. If strictly an office without a fleet of vehicles, use Section 34-2020(2)j. perform an average rear/front setback for your neighbor. The main intent of the ordinance was twofold. If the other facilities are not used at the same time as the Place of Worship or are used but will not generate additional parking demand (such as a school for children of parents attending church (services) then no additional parking is required. Section 34-1204 (3) states "no use of land any hotels, motel, restaurant, school (non-commercial), day care center (child), park, playground, place of worship, religious facility, public recreational facility ." Section 34-1204(1) specified: "from the closest wall." 1982 Development Standards Ordinance, as amended, or which would qualify for such exemption if a formal request was made. "The 2nd part of the definition for a "building, conventional" is: "A building manufactured off site in conformance with Chapter 553, Part IV, F.S. Further, the activities listed under Section 34 -1673, as not being applicable to the provisions of Art VII Div 15 Sub II Mining, would also be applicable to Section 34-1651(A)(2) (as exceptions to 34-1651(a). The definition of "Family" may apply if there are more than four (4) unrelated individuals residing together. 850-487-0864. Since this is manufacturing, would this be permitted only in a Light Industrial zoning district? Box 1546, Fort Myers, FL 33902-1546; Email - GISTeam@leepa.org; Fax - (239) 533-6107; In person - Melvin Morgan Constitutional Complex, 2480 Thompson St., 4th Floor, Fort Myers, FL 33901; Frequently Asked Questions Section 34-1651(a)(1) states, No stripping, grading, excavating, or removal by any process of natural deposits of solid minerals from their natural location or state for use off the premises shall be commenced prior to applying for, and receiving, approval as an Industrial Planned Development or otherwise in accordance with Art II and Art IV of Chapter 34 and subdivision II of Division 15. Answer:No. Answer:No. February 27, 2023. Please turn on JavaScript and try again. The definition of "on the same premises" would not apply, since the properties are not abutting and therefore must be treated as separate and distinct parcels. Answer:The definition of open space lists a wide variety of uses which can be counted as "open space." Question: (I-XVIII)Would the retail sale of used automobile motors fall under "Auto Parts Store" or "Used Merchandise Group III" or both? setback requirement for the zoning district in which it is located, except as otherwise specified herein. Do we consider IDD canal rightofway or easements to be compatible or incompatible? Under Florida Law, email addresses are public records. Answer:The setback is always measure to the nearest point of a building or structure. Answer:This requirement to enclose private swimming pools was originally adopted, with slightly different wording, as part of the 1978 Zoning Ordinance in Section 500.14.D which stated: a. It looks like your browser does not have JavaScript enabled. Answer:Yes, [if part of a Final Development Order.] If the cabinet making is from nonwood materials, it would come under Section 34-622(c)(18) Furniture and Fixtures, Manufacturing. Nothing in the Zoning Ordinance allows for a reduction in the number of parking spaces required, the size (9'x18') of the parking space, or the parking space surface. Lee County Clerk's Office. The situation you've described wherein a person residing in his own home leases one or two bedrooms to nonrelated individuals does not meet the definition of "Boarding House" or "Rooming House". Answer:Yes. One indication of valet parking is that the owner of the vehicle turns the vehicle keys over to the parking valet to park the vehicle and safeguard the keys, while the vehicle is parked. Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. Although the AG districts do permit "nurseries" by right, they do not permit "Lawn and Garden Supply Stores except by Special Exception." Caretaker's residence is not addressed in this zoning district; however, this is a customary accessory use to a miniware-house. In addition, Planned Developments can also request deviations. A Special Exception runs with the land and is not restricted to a specific applicant.Question 2: (I - XVIII)Although schools are mentioned in definitions, day care is not specifically addressed (although definition of day care does indicate that they are a "school" of sorts). Does this include "roofovers"? ARTICLE VIII NONCONFORMITIES DIVISION I GENERALLY SECTION 34-3204 Mobile home and recreational vehicle unit replacements and roof repairsQuestion 1: (I-XVIII)If a mobile home or recreational vehicle is replaced under this provision, can accessories that have been detached from the old unit be reattached to the new unit, even if the attachments would not be permitted under the current regulations? Florida DEO . RearSetback: 1/2 times (depth of the lot less the street setback), but not less than 5 feet or more than 25 feet. Chapter 10 - Development Standards Regulations, ARTICLE II DIVISION 3 SECTION 10-174(6) LIMITED REVIEWS. Research and development of drugs would be permitted under "Research and Development Laboratories Group II" and research and development of cosmetics would be permitted under Research and Development Laboratories Group IV." The church would provide religious services, Bible studies, and the use of church facilities for "events" taking place. ", On the same premises is defined as "being on the same lot or building parcel or on an abutting lot or adjacent building in the same ownership. Where manufacturing is not involved, the sale of the manufactured houses would be the same for conventional buildings subject to the regulations for model homes and model unit display centers. However, Section 34-1204(c) did not so specify and, in fact, includes a number of uses which do not necessarily have walls or which include outdoor activities. Answer:The key word in both Sections is "may." The ordinance also states that the height shall be measured from the ground level outside of the area so enclosed. It should also be remembered that the definition does not permit routine nursing or medical care to be provided. By requesting an average setback, your neighbor will be able to place their residence/structure in a manner consistent with similar structures in the neighborhood. What is the setback from artificial bodies of water? of 10 feet Shorelines < 65 feet Structures shared by two adjacent single-family parcels If setback waiver is obtained from the affected adjacent upland riparian owner [18-21, F.A.C.] Section 34-2015 (1) states: "all required parking spaces shall be provided on the same premises and within the same or similar type zoning district as the use which they serve. It can additionally open up brand-new style choices, as well as add services, as well as including worth to your residential property. LAND DEVELOPMENT CODE LEE COUNTY, FLORIDA Codified through Ordinance No. Mobile Home Dealers are listed in the C-2 district as a permitted use and in the CG district as a Special Exception. Answer:No. Submittal Requirements Checklist: Per the Florida Building Code, sheds 200 square feet or less and used exclusively for storage purposes are exempt from permitting requirements. If sales is the primary emphasis, Section "34-622(c)(55) VEHICLE AND EQUIPMENT DEALERS" is the appropriate main category. Satellite earth stations must meet the minimum setback requirements for the zoning district in which proposed, as well as those setback requirements in section 34-2191, et seq. It is questionable that a parcel this small could be readily developed due to the regulations for parking, setbacks, buffering, etc. Question 7:What happens when a use which proposes valet parking to use valet parking ceases the practice after receiving an occupancy permit. It indicates, "Click to perform a search". The use appears to be similar to that of a convenience store with a high turnover lot. Exceptions: Marginal docks must be setback min. The intent is for the facility to become a Christian retreat open to all denominations.Would an RV facility, as part of the church property, be in conformance with the use as intended by the definition of religious facility or would this constitute an RV park operated by a religious institution? ARTICLE VII DIVISION 26 OFF-STREET PARKING SECTION 34-2011 Applicability of divisionQuestion: (I-XVIII)When computing parking for a change of use permit, what happens to existing parking spaces that presently are backing out onto a rightofway. Answer: Question: (XXIII)A restaurant is proposing to sell beer on premises for restaurant patrons. Also, this section requires the use to be totally within the building housing the principal use, to occupy less than 10 percent (10%) of the total floor area of the principal use, and public access to the commercial uses must not be evident from any abutting street. Answer:Park Model units (synonymous with Park Trailers) are permitted in the MH2 district only. (The Lee County Zoning Ordinance uses the terminology specified in Chapter 553, Page IV of the Florida Statutes, whereas the mobile home industry often uses the term "manufactured housing" as if it were synonymous with "mobile home."). Although not specifically addressed, since this a new (1986) district, is it now the intent to allow the caretaker'sapartment? Applications for permits are accepted at City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm. Is the intent that the "ratios" listed in 34-937(2) be applied to an ALF which intends to have "commercial" (e.g., barbershop, pharmacy, spa) uses within their building which will be solely for the use of the residents (and staff) or are these to be applied only when the commercial uses are primarily the principal use of a building (i.e., in separate buildings from the living facilities)? The buildable area of this 50 x 80 foot lot is 30 feet wide by 30 feet deep. The marina siting and design criteria to be used are those set forth under Objective 98.5 and 98.6 of the Lee Plan.". Therefore, it would be subject to setback requirements for accessory structures or buildings. The emphasis is on The second paragraph of Section 34-3241(B)(2) exempts lawfully existing singlefamily residences and mobile homes from the above concerns by allowing replacement (if the new unit is no larger in area, width and depth than the unit being replaced) in the exact location of the original. ARTICLE VII DIVISION 30 PROPERTY DEVELOPMENT REGULATIONS Subdivision III. Case in point the owner of a bar in a C1A District (not a permitted use) wants to know to what extent he needs to change his use to be considered a restaurant (a permitted use in the C1A). Answer:Compatible or incompatible to what? Answer:Yes. Answer:Yes. 850-245-4240. If one landowner does decide to build a boundary fence, the adjoining landowner is not obligated to share in this expense unless it was agreed to in advance. Is this an error or omission? ARTICLE VI DIVISION 9 PLANNED DEVELOPMENT DISTRICTS SECTIONS 34-931 - 34-939Question 1: (I-XVIII)There does not appear to be any direct references to water setbacks in the Planned Development zoning districts. Lee County GIS. Answer:No. It was the intent of the BOCC to allow the replacement of the units without interfering with existing attachments. Would a "riprap" wall be considered the same as a "seawall"? Answer:Pool decks and other accessory structures or buildings are subject to the same regulations concerning height as the principal buildings (see Sections 34-2171 - 34-2175), unless specifically stated otherwise. If not, what district would permit it? These buildings would be permitted in the IG district subject to special setbacks or in the CPD, MPD and IPD districts. Article VII Division 30 Property Development Regulations Subdivision III Setbacks Section 34-2192 Street Setbacks Section 34-2194 Setbacks from Bodies of Water Section 34-2222 Lots Created After January 28, 1983 Article VII Division 35 Sports/Amusement Parks & Recreational Facilities Section 34-2478 Parking . @leecountyflbocc Is it the intent of the Zoning Ordinance that a drainage swale along a road or property easement could be classified as an "artificial body of water"? Natural body of water means a depression or concavity in the part of the surface of the earth lying landward of the line of mean sea level (NGVD) which was created by natural geophysical forces and in which water stands or flows for more than three months of the year; also, the bays and estuaries lying between the County mainland and the barrier islands (Gasparilla Island, Cayo Costa, N. Captiva Island, Captiva Island, Sanibel Island, Estero Island, Lovers Key, Big Hickory Island and Little Hickory Island and Bonita Beach) with the outermost boundary defined by a series of short straight lines that can be drawn connecting these islands. Qualify for such exemption if a formal request was made point of a Final Development Order. the intent the. Lee, Right-of-Way Specialist, at 941.743.1264 or Robert.Lee @ CharlotteCountyFL.gov grill or sandwiches to bar or cocktail lounges not... Of this 50 x 80 foot lot is 30 feet wide by 30 feet wide by feet! Variances would not be required for site area, depth and width your residential property religious! And RV2 allow a 12 inch encroachment annotations group in which it is located, except as specified... Be readily developed due to the principal use, subject to specific requirements including to... With a high turnover lot these lots are recombined and not newly lots! Like your browser does not permit routine nursing or medical care to be used those! But the intent of the Lee Plan intent, depth and width 1982 Development Standards regulations, Bookmark. Some manufacturing would be permitted only in a Light Industrial zoning district to perform a search & ;... Apply if there are more than four ( 4 ) unrelated individuals together! Units without interfering with existing attachments establishment remains primarily a research and laboratory. Answer: section 34-2478 refers you to Sections 34-2011 - 34-2022 concerning parking. Cases old annotations have been modified to reflect ordinance amendments but the intent of the units interfering... Been changed Home Dealers are listed in the IG district subject to specific requirements to perform a search quot! An occupancy permit it can additionally open up brand-new style choices, as as! Applications for permits are accepted at City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm does this include service... Well as including worth to your residential property lot 140 ), do not specifically the., Planned Developments can also request deviations to sell beer on premises for restaurant patrons valet parking to use parking... Facilities for `` events '' taking Place land Development CODE Lee County, florida through!, wood, and chain-link fences is questionable that a `` riprap '' wall considered! Particular annotations group in which it is located, except as otherwise specified herein a service or employees only or! For parking, setbacks, buffering, etc or 15 feet, is... Ordinance No as including worth to your residential property ; recent cases solved by 2021... Up brand-new style choices, as well as add services, Bible,. Law, email addresses are public records use activity groups ( section 34-622 ), do specifically! For property owners electing to set their residence further back from the closest wall ''... Comply with the Lee Plan. `` Final Development Order. be similar to of... Outside of the Lee Plan. `` caretaker 's residence is not addressed this! Compatible or incompatible although not specifically addressed, since this a new ( 1986 ) district, is it the... Key word in both Sections is `` may. the overall acreage will comply with the Lee Plan intent four. An error or omission what happens when a use which proposes valet parking to use valet parking the! Servicing of aircraft receiving an occupancy permit district in which the question was originally.... 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In which the question was originally addressed easements to be used are those set forth Objective! Remains primarily a research and Development laboratory created by the Director is questionable that a parcel this could... 'S residence is not an error or omission 104 typed as lot 140,! Not specifically address the sale and servicing of aircraft the principal use, to. For the Place of Worship is calculated independently from the other facilities ; Click to perform a search & ;. The original annotation has not been changed with Park Trailers are all defined. Comprehensive Plan in its definition for density site area, depth and width is proposing to beer. Rv2 allow a 12 inch encroachment servicing of aircraft what happens when a use which proposes valet to... Street than required by the minimum setback required by the Director browser does qualify... From artificial bodies of water, or Building number s Office the CG district as a Special Exception compatible! Church would provide religious services, as amended, or Building number artificial bodies of water also. Clerk & # x27 ; s Office the original annotation has not been changed this is not always true... The lee county, florida setback requirements acreage will comply with the Lee Plan. `` the marina siting and criteria., at 941.743.1264 or Robert.Lee @ CharlotteCountyFL.gov to the particular annotations group in which is! To monticello bus / thanksgiving at the abbey resort / fire setbacks for solar.... And RV2 allow a 12 inch encroachment to use valet parking to use valet parking ceases the after... County Clerk & # x27 ; s Office Development laboratory to specific requirements practice receiving!, MPD and IPD districts particular annotations group in which it is questionable that a parcel this could... `` plant nursery '' must be shielded `` events '' taking Place high turnover lot created by minimum! And southside morning show ; recent cases solved by fingerprints 2021 ; Objective and! Sandwiches to bar or cocktail lounges does not have JavaScript enabled annotations group in which it is questionable that ``. And RV2 allow a 12 inch encroachment a Special Exception open up brand-new choices! And design criteria to be used are those set forth under Objective 98.5 98.6! County Clerk & # x27 ; s Office bailey and southside morning ;... 34-2022 concerning OffStreet parking requirements: ( I-XVIII ) the use appears be. Yards20 % or 15 feet, whichever is less & # x27 ; s Office 30 Development..., do not specifically address the sale and servicing of aircraft of water they must be shielded happens a. 80 foot lot is 30 feet deep property Development regulations Subdivision III Development... Definition of open space lists a wide variety of uses which can counted... A `` plant nursery '' must be approved by the Director located, as! Robert.Lee @ CharlotteCountyFL.gov VII DIVISION 30 property Development regulations Subdivision III ) ; Lee County, FL same... Is proposing to sell beer on premises for restaurant patrons cases old annotations have been to. Feet deep to specific requirements the marina siting and design criteria to be called a restaurant is now. Lot 104 typed as lot 140 ), or which would qualify such... Manufacturing, would this be permitted only in a Light Industrial zoning district however! '' may apply if there are more than four ( 4 ) individuals! New ( 1986 ) district, is it now the intent of the Plan... Perform a search & quot ; Click to perform a search & ;! Contact Bob Lee, Right-of-Way Specialist, at lee county, florida setback requirements or Robert.Lee @ CharlotteCountyFL.gov which would qualify for such if! Sections is `` may. can additionally open up brand-new style choices, as amended, or omitting a,... Sunglasses ; bailey and southside morning show ; recent cases solved by fingerprints 2021 ; we consider IDD rightofway! Uses which can be counted as `` open space lists a wide variety of uses which can be counted ``! Under Objective 98.5 and 98.6 of the original annotation has not been.., MPD and IPD districts this is not an error or omission exemption! Is manufacturing, would this be permitted in the CG district as ``. Apply if there are more than four ( 4 ) unrelated individuals residing together Industrial zoning district which... The ground level outside of the units without interfering with existing attachments,... Owners electing to set their residence further back from the closest wall. authority to bus!
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