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Article 21 - Coral Gables

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Article 21 - Coral Gables Powered By Docstoc
					                                 Article 21.
           MISCELLANEOUS STANDARDS, REQUIREMENTS AND RESTRICTIONS

Sec. 21-1 - Exterior walls--Material and color.                     4.    That where wood facings over
                                                                          masonry walls are approved, the
All exterior walls of buildings shall be                                  exterior face of all masonry shall be
constructed of concrete, glass block, poured                              completely and thoroughly covered
concrete, stone, hollow tile, coral rock or clay                          with one application of black
brick providing, however, that in areas zoned for                         asphaltum waterproofing.
C and M-Uses porcelain enamel panels, metal                         5.    That all blocking and furring strips
panels, pebble-faced block, pebble-faced                                  shall be pressure treated.
panels, precast panels and architectural                            6.    That all wood facings shall be
concrete may also be used for exterior walls of                           secured to furring and/or blocking
buildings designed and used for commercial                                with stain resistant nails.
purposes with the express condition that such                       7.    That the wood facing material shall
materials are approved by the Board of                                    have a minimum thickness of three-
Architects, the Building Official and Structural                          fourth (¾) inches and shall not be
Engineer. All exterior masonry surfaces shall be                          wider than twelve (12) inches.
stuccoed and painted excepting those of coral                       8.    That all applications and details of
rock, stone, glass, clay brick, slump brick,                              wood facings shall be subject to the
pebble-faced block, pebble-faced panels,                                  approval of the Board of Architects.
precast panels, and architectural concrete.                         9.    That stains applied to the wood shall
Sunscreens on commercial buildings may be                                 be specifically for exterior use and
constructed of masonry, metal, glass or plastic                           shall be limited to colors approved by
where such materials are located in a metal or                            the Board of Architects.
masonry frame providing that such sunscreens                  (b)   Stonehenge. Stonehenge may be used as
shall be subject to approval by the Board of                        a facing material for commercial buildings.
Architects for architectural design. All exterior             (c)   Dryvit system. The dryvit system may be
coloring shall be approved by the Board of                          used as a facing material on exterior walls
Architects.                                                         of commercial buildings, subject to the
                                                                    following conditions and restrictions:
Sec. 21-2 - Exterior walls--Facing materials.                       1.    That the dryvit system may be used
                                                                          as a facing material on the exterior
(a)   Wood facings. Wood facings shall be                                 masonry walls of commercial
      permitted on the exterior walls of single-                          buildings, provided, that such
      family residences in that area of Coral                             buildings have a minimum of one
      Gables lying south of the Coral Gables                              hour fire resistive construction.
      Deep Waterway and east of Old Cutler                          2.    That the dryvit system shall be used
      Road, subject to the following conditions                           only above the first floor.
      and restrictions:                                             3.    That the color of the exterior surface
      1.    That     the    exterior    walls   are                       shall be subject to approval by the
            constructed of masonry.                                       Board of Architects, and if any
      2.    That the walls are furred to provide                          painting or repainting is to be done,
            natural air space and moisture                                the color shall be subject to the
            control.                                                      approval of the Board of Architects.
      3.    That the wood utilized for such wood                    4.    That the building shall have a twenty
            facings shall be those conducive to                           (20) foot distance separation from all
            salt-sea atmosphere and shall be                              structures and lot lines, as required
            limited and restricted to the following                       by the Miami-Dade County Products
            species:                                                      Control Division.
            a.     Solid select heart cypress.                      5.    That the method of attaching the
            b.     Solid heart mahogany.                                  dryvit system to the masonry wall
            c.     Solid heart teak.                                      shall be subject to approval by the
            d.     Solid heart cedar.                                     Building Department.
            e.     Clear vertical grain heart
                   redwood.


                                                      A21-1
Sec. 21-3 - Bulks and retaining walls.                        required to construct and maintain a driveway
                                                              across such parkway between the property line
No bulkhead, retaining wall or similar installation           and the street pavement. The driveway shall
along an ocean front, bay, canal, lake or                     conform to the paving specifications as prepared
waterway shall be built or constructed unless                 by the Public Works Department.
such bulkhead, retaining wall or similar                      (a) Notice of prohibited condition. The City
installation be constructed of reinforced                           may from time to time inspect all parkways
concrete, pre-stressed concrete or gravity mass                     where the normal use and occupancy of a
non-reinforced concrete, providing, however,                        premise or building requires vehicular
that in those canals or waterways west of                           traffic across the parkway between the
LeJeune Road and north of Sunset Road,                              street pavement and the property line, and
bulkheads and retaining walls may be                                in all cases where said inspection reveals
constructed of concrete block or native stone.                      that there does not exist a driveway
All bulkheads and retaining walls shall be                          pavement across the parkway between the
subject to the following conditions:                                property line and the street pavement line
(a) All plans for such bulkheads and walls                          or that an existing driveway is in need of
       shall be designed by a registered                            repair or replacement, the City Manager
       engineer, qualified under the laws of the                    shall so notify the record owner or owners
       State of Florida, to prepare such plans.                     of the property described by registered or
(b) All such bulkheads and walls and                                certified mail, as their names and
       components shall be designed to meet                         addresses are shown upon the record of
       loads imposed by saturated backfill.                         the County Tax Assessor. Such notice
(c) The minimum elevation of such bulkheads                         shall be deemed complete and sufficient
       and walls shall be plus five (5) and no                      when so addressed and deposited in the
       hundredths feet, U.S.E.D. Bay Datum.                         United States Mail with proper postage
                                                                    prepaid. In the event that such notice is
Sec. 21-4 - Driveways--New buildings.                               returned by postal authorities, the City
                                                                    Manager shall cause a copy of the notice
At the time of issuance of a permit for the                         to be served by a law enforcement officer
construction of a building on premises not                          upon the occupant of the property or upon
having a driveway from the property line to the                     any agent of the owner of record thereof.
pavement line of the street (and where the                    (b) Form of notice. The notice shall be in
normal use and occupancy of such building                           substantially the following form:
requires vehicular traffic across the parkway
between the street pavement and the property                       NOTICE OF PUBLIC NUISANCE
line), the applicant for the permit shall deposit                  Name        of     Owner    of    Record:
with the City of Coral Gables an amount                            ________________ Address of Owner of
sufficient to cover the cost of paving a driveway                  Record: ________________ According to
across the parkway between the property line                       our records, you are the owner of record
and the street pavement line, conforming to the                    of Lot(s) ________ Block ________
paving specifications as prepared by the Public                    Section ________.
Works Department, and the City shall, if the                       An inspection of the parkway at the above
owner or contractor does not do so, construct                      property reveals that you do not comply
such driveway pavement in due course, applying                     with Section 21-5 of Ordinance No. 1525,
so much of such deposit as shall be necessary                      as it pertains to:
for the purpose, and the balance of said deposit                   1.     Paving of a driveway across the
remaining, if any, shall be returned to the                               parkway, or
applicant.                                                         2.     Maintaining a driveway across such
                                                                          parkway.
Sec. 21-5 - Driveways--Existing buildings.                         This is to serve as official notice that
                                                                   unless you:
Where the normal use and occupancy of a                            1.     Install a driveway across such
premise or building requires vehicular traffic                            parkway between the property line
across the parkway between the street                                     and the street pavement,
pavement and the property line, the owner of
record of such premises or building shall be


                                                      A21-2
      2.    Repair     the    existing   driveway             school grounds and/or church facilities to the
            between the property line and the                 nearest property line of the building site of the
            street pavement, or,                              place of business.
      3.    Replace the existing driveway                     For the purpose of determining the distance
            between the property line and the                 between alcoholic beverage uses and churches
            street pavement within a period of                or schools, the applicant for such use shall
            thirty (30) days, the City of Coral               furnish a certified survey from a registered land
            Gables      may      undertake     the            surveyor in the State of Florida indicating the
            construction of the necessary                     distance between the proposed place of
            driveway paving at the property                   business and any church or school within five-
            owner's expense; the estimated cost               hundred (500) lateral feet. The survey shall
            of which will be approximately                    indicate the shortest distance as measured and
            $ ________.                                       computed by following a straight line from the
                                                              nearest point of the school grounds and/or
      THE CITY OF CORAL GABLES,                               church grounds in use as part of the school
      FLORIDA ________________                                and/or church facilities to the nearest property
      By: City Manager                                        line of the building site of the place of business.
                                                              In case there are no churches or schools within
(c)   Condition may be remedied by city. If                   five-hundred (500) lateral feet of the place of
      within thirty (30) days, after mailing of the           business, the survey shall so certify.
      notice, or the service of the notice upon
      the occupant of the property or any agent               Sec. 21-7 - Distance requirements--Adult
      of the owner thereof, the condition                     book store, adult motion picture theater and
      described in the notice has not been                    massage salon.
      remedied, the Public Works Director may
      cause the condition to be remedied by the               (a)   No adult book store, adult motion picture
      City of Coral Gables at the owner's                           theater or massage salon shall be
      expense.                                                      established or located within a distance of
                                                                    one-thousand (1,000) feet from any other
Sec. 21-6 - Distance requirements--Sale of                          adult book store, adult motion picture
alcoholic beverages and liquors. (3406, 3577)                       theater or massage salon. Such distance
                                                                    shall be measured and computed by
No retail package liquor store, retail package                      following a straight line between the main
beverage store or club vendor shall be                              entrances of the places of business.
established or operated upon premises closer                  (b)   No adult book store, adult motion picture
than five-hundred (500) feet from any church or                     theater or massage salon shall be located
school without approval by the Board of                             or established within a distance of five-
Adjustment. In reviewing an application for retail                  hundred (500) feet from a residentially
package liquor store, retail package beverage                       zoned district and/or from a church or
store or club vendor, the Board of Adjustment                       school. Such distance shall be measured
shall consider, but not be limited to the following                 and computed, in the case of a church or
criteria: (1) location of building on the building                  school, by following a straight line from the
site, (2) location of entrances and exits to the                    nearest point of the school and/or church
licensed establishment, (3) proposed hours of                       grounds in use as part of the school
operation, (4) other uses of business adjacent to                   grounds and/or church facilities to the
or between the licensed establishment and the                       closest exterior door of the place of
church or school, (5) vehicular and pedestrian                      business, and in the case of residentially
paths between the licensed establishment and                        zoned property by following a straight line
the church or school, and that the location is not                  from the closest portion of the residentially
detrimental to the public health, safety and                        zoned district to the closest exterior door
welfare.                                                            of the place of business.
                                                              (c)   For the purpose of this section,
The five hundred foot lateral distance shall be                     residentially zoned districts shall be those
measured and computed by following a straight                       designated by Section 3-1 through 3-4
line from the nearest point of the school grounds                   herein.
and/or church grounds in use as part of the


                                                      A21-3
(d)   No application for an occupational license               (a)   That the use of such sales office shall be
      for such adult book store, adult motion                        limited and restricted to the sale of lots
      picture theater or massage salon shall be                      within a subdivision, replat or multi-family
      approved for zoning compliance unless                          project, and such office shall not be used
      such application is accompanied by a                           for the transaction of any other business of
      certified survey from a registered land                        whatsoever nature.
      surveyor in the State of Florida showing                 (b)   That the setbacks for such sales office
      that such use meets with the distance                          shall be the same as that required for the
      requirements as set forth herein.                              premises upon which such sales office
                                                                     shall be located.
Sec. 21-8 - Temporary construction and/or                      (c)   That such sales office shall be landscaped
field office.                                                        as required and approved by the Board of
                                                                     Architects and the Building and Zoning
Whenever a building permit shall have been                           Department and such landscaping shall be
issued by the Building Department for                                maintained in good condition as to present
construction and/or alteration as therein set                        a healthy, neat and orderly appearance.
forth, a temporary field and/or construction office            (d)   That a minimum of six (6) paved off-street
shall be permitted to be located on the premises                     parking spaces shall be provided on the
covered by a building permit subject to the                          premises of such sales office.
following conditions and restrictions:                         (e)   That such sales office shall be equipped
(a) That such office shall not be used as a                          with adequate potable water, electricity
       sales and/or advertising office and that no                   and sanitary facilities.
       sales brochures shall be handed out or                  (f)   That such sales office shall not be used for
       distributed from such office.                                 living or sleeping quarters.
(b) That potable water, electricity and sanitary               (g)   That not more than one such sales office
       facilities shall be provided for such office                  shall be permitted to be located in any one
       as required by the South Florida Building                     subdivision, replat or multi-family project.
       Code       and    such    other   applicable            (h)   That one sign identifying the development
       ordinances.                                                   may be placed upon such sales office as
(c) That such office shall not be used for living                    shall be approved by the Board of
       or sleeping quarters.                                         Architects.
(d) That such office shall be removed by the                   (i)   That the permit for such sales office shall
       contractor prior to the approval of the final                 expire three (3) years from the date of the
       building inspection and to the issuance of                    recording of the plat, or the issuance of a
       a Certificate of Occupancy or whenever, in                    building permit for the multi-family
       the opinion of the Building Official, an                      development, provided, however, that the
       inspection discloses that the building or                     Board of Adjustment, upon application,
       alteration has been completed to the point                    may authorize the extension of such
       where the final building inspection would                     permit for a good and valid reason.
       be approved and a Certificate of                        (j)   That the Building Official may revoke the
       Occupancy, if applied for, would be issued.                   permit for such sales office should the
                                                                     developer fail to comply with the conditions
Sec. 21-9 - Temporary land development                               and restrictions set forth herein.
sales office.                                                  (k)   That such sales office structures shall be
                                                                     temporary in nature, and shall be removed
Whenever a plat containing a gross area of not                       in the event of a hurricane (on or before
less than ten (10) acres shall have been                             issuance of warning status) or other
recorded in the public records of Miami-Dade                         natural and/or man-made disaster.
County, Florida, or a residential multi-family
construction project with a site of not less than              Sec. 21-10 - Land clearing, filling and
twenty-thousand (20,000) square feet and                       excavation.
twelve (12) living units, a permit may be issued
for the location of a temporary land development               Before any land shall be cleared of trees and
sales office on the development site subject to                other growth, excavated, filled and/or graded,
the following conditions and restrictions: (3024)              such land shall have been platted or replatted
                                                               into lots, blocks or parcels for building


                                                       A21-4
development in the manner prescribed by the                  (f)   All piping and other serving utilities shall
Subdivision Ordinance as set forth under                           be concealed from view.
Chapter 29 of the Code of the City of Coral                  (g)   The size, location, attachment and design
Gables, and the owner thereof or his contractor                    of solar water heating devices shall be in
shall have applied for and obtained a permit for                   conformity with the building design and
such work from the Building and Zoning                             overall neighborhood character.
Department. The fee for such permit shall be                 (h)   Adequate architectural details shall be
thirty (30) dollars for the first lot and ten (10)                 drawn to show the proper installation of
dollars for each additional lot and such fee shall                 the system and particularly the roof
be deposited to the General Fund of the City of                    mounting and method of attachment and
Coral Gables as payment for the cost of                            such drawings shall be subject to the
inspection of such work as it progresses and at                    approval of the Board of Architects.
its completion. (2631)
                                                             Sec. 21-12 - Screening of rooftop equipment.
Sec. 21-11     -   Solar   water   heaters   and
equipment.                                                   Air-cooled condensing and/or compressor
                                                             equipment, water cooling towers and any other
The erection and/or installation of solar water              type of mechanical or service equipment or
heaters and equipment shall be subject to the                apparatus installed on roofs of all buildings
following conditions and restrictions:                       constructed on or after October 1, 1969, shall be
(a) Collectors located in the same parallel                  screened from view by a parapet or some other
      plane of a sloping roof shall be fastened to           type masonry wall or screening as shall be
      a maximum of one and one-fourth (1¼)                   approved by the Board of Architects for
      inch by one-eighth (⅛) inch metal angles               architectural design.
      placed directly on the roofing membrane.
      Surrounding tile shall butt to the edge of             Those buildings constructed prior to October 1,
      the side of the collector.                             1969, shall be exempt from this requirement
(b) Collectors located in a different plane from             until such time as renovation or rehabilitation of
      the roof shall incorporate an architectural            any portion of said building is permitted. At the
      masking device to screen the underside                 time of permitting for any renovations or
      and edge of the collector apparatus from               rehabilitation in which the value of such
      ground view where such collector is visible            construction exceeds twenty (20) percent of the
      from the street. Such screening device                 assessed value of the structure, any air-
      may be roof planes, mansard roofs, shed                conditioning and/or mechanical apparatus
      roofs, parapet walls, chimneys or such                 mounted on roof tops, whether new or existing,
      other features as may be approved by the               shall be screened. Said screen shall be
      Board of Architects.                                   constructed so as to conceal the machinery from
(c) Collectors located on a flat roof may be                 the eye on a horizontal plane of observation.
      mounted directly upon the roof or may be               (2625)
      elevated above the roof provided,
      however, that all portions of the elevated             Sec. 21-13 - Screening or storage areas.
      apparatus are screened from ground view
      by means of some architectural screening               All storage areas permitted under this ordinance
      device as provided for under (b) above,                shall be enclosed on all sides with a solid or
      and provided further that such screening               louvered masonry wall, not less than six (6) feet
      device shall be approved by the Board of               in height, with necessary openings.
      Architects.
(d) Where rooftop hot water storage tanks are                Sec. 21-14 - Installation of rock yards.
      used they shall be screened from view or
      shall be incorporated in some architectural            Prior to installation of rock yards, plans shall be
      feature such as cupolas, chimneys, etc.                submitted and approved by the Board of
(e) Where collectors are mounted on the                      Architects.
      ground they shall be screened from view
      from the abutting streets, and the setbacks
      for such collectors shall be as required for
      mechanical equipment.


                                                     A21-5
Sec. 21-15 - Railings on exterior balconies.                          principal structure and shall be allowed to
                                                                      within fifteen (15) feet of any street or
The use of redwood, cedar or cypress wood                             waterway property line with the following
fastened to a continuous metal support shall be                       conditions: (2931, 3556)
permitted as the top handrail only of railings on                     1.    All     air-conditioning   units     or
exterior balconies. Except as provided above,                               equipment shall meet noise level
the use of wood for railings or any part of railings                        requirements called out in Section
on exterior balconies is hereby prohibited.                                 16-147 of the City Code.
(2721)                                                                2.    Any      air-conditioning    unit    or
                                                                            equipment, except for window wall
Sec. 21.16 - Dormer windows.                                                units, located closer than fifteen (15)
                                                                            feet to any rear or side property line,
The use of wood framed dormer windows shall                                 or closer than twenty-five (25) feet to
be permitted on single-family and duplex-                                   any street or waterway property line
residence buildings subject to the approval of                              shall be visually screened from view
the Board of Architects and the Structural                                  with landscaping which shall be in
Engineer.                                                                   addition to the requirements of
                                                                            Section 15-2 (h).
For the purpose of this section, a dormer                             3.    Any      air-conditioning    unit    or
window is defined as a window set upright in a                              equipment required to be screened
sloping roof.                                                               from view shall be subject to review
                                                                            and approval by the Board of
Sec. 21-17 - Wind break panels.                                             Architects and the Building and
                                                                            Zoning Department.
Wind break panels consisting of soft pliable vinyl             NOTE: For additional information regarding the
material installed in extruded vertical sliding                construction, operation, and/or maintenance of
frames may be attached to screened enclosure                   such appliances as air-conditioning equipment,
panels and screened porch panels, provided                     fans, blowers, pumps, turbines, compressors,
that the supporting members of the screened                    refrigerators, machinery, generators, etc. refer to
enclosure, screened porch and wind break                       Ordinance No. 1553, as amended.
panels are designed to meet and comply with
the wind load and structural requirements of the               Sec. 21-19 - Septic tanks.
South Florida Building Code and provided
further, that when the wind break panels are in                (Rescinded 5/12/92--Ordinance No. 2992)
an open position the area of the panels shall not
exceed twenty-five (25) percent of the area of                 Sec. 21-20 - Miscellaneous requirements for
the screened walls of which they are a part.                   construction.

The color of the vinyl material shall be approved              The following minimum standards shall be
by the Board of Architects.                                    required for construction:
                                                               (a) Wall studs. Minimum bearing or non-
Sec. 21-18 - Air-conditioning units and                              bearing interior partition studding shall be
equipment, and other types of mechanical                             two (2) by four (4) inches with greater
equipment or apparatus installed on or                               dimension perpendicular to the wall
attached to premises.                                                surface provided, however, that studs on
                                                                     non-bearing interior partition within a room
(a)   In a residence, duplex or apartment district                   may be placed parallel to the wall surface.
      or areas as defined herein, air-cooled                   (b) Wall construction. All portions of exterior
      condensing and/or compressor equipment                         walls, including interior walls of garages,
      which is a part of an air-conditioning                         rooms exceeding twenty-five (25) square
      system or a water cooling tower, and any                       feet in area which lie within a garage,
      other type of mechanical equipment or                          recessed areas above or below normal tie
      apparatus installed on or attached to                          beams as in carports or recessed porches,
      premises shall be completely retained                          entries or on limited areas, such as gable
      within the primary building, or shall meet                     roof ends, shall be of the same type
      side and rear setback requirements for the                     construction as the main walls of the


                                                       A21-6
      building and properly topped with tie beam                   cabanas, utility rooms, storage rooms and
      or rakes, unless the building is located                     similar structures shall be not less than six
      within a designated flood hazard area                        (6) inches above the established grade as
      whereby specially designed blow-out                          determined and established by the
      panels are required by local, county, state                  Building and Zoning Department, pursuant
      or federal regulations. Wall construction                    to this Code and a current survey showing
      within a designated flood hazard area                        elevations, and in no case shall be less
      where specially designed blow-out panels                     than six and one-half (6½) feet above M.
      are required shall be designed with a safe                   L. W. used Bay Datum. The elevation of
      loading resistance of not less than ten (10)                 floors where alley rights-of-way exist shall
      and no more than twenty (20) pounds per                      be elevated near the alley to a point of six
      square foot. Designs in excess of twenty                     (6) inches higher than the highest point of
      (20) pounds per square foot may be                           the alley paving abutting the property.
      utilized if designed and certified by a                      Where alleys or streets have not been
      Professional Engineer and approved by                        improved, design grades as furnished by
      both the Board of Architects and the City's                  the Engineering Division of the Public
      Structural Engineer. But in no case shall                    Works Department shall apply. (2625)
      the design load be in excess of one-                   (f)   Floor elevations--Existing buildings. Floor
      hundred (100) pounds per square foot.                        elevations for improvements to existing
      Such enclosed space shall be useable                         buildings shall meet the requirements
      solely for the parking of vehicles, building                 above, but in no case shall be less than
      access, or storage. The use of fill for any                  the floor elevation of the existing structure
      reason is prohibited within these spaces.                    where such existing floor does not meet
      Said blow-out or break-away walls shall be                   the above minimum elevations and
      constructed of materials as the Board of                     provided that the cost of the improvements
      Architects and Structural Engineer shall                     are less than fifty (50) percent of the
      deem suitable. (2615)                                        assessed value of the structure either (1)
(c)   Beams. All structural supporting beams,                      before the improvements are started, or
      including beams on external walls of                         (2) if the structure has been damaged and
      porches, carports, loggias, and similar                      is being restored. (2625)
      areas shall be of reinforced concrete or               (g)   Yard elevations. Where ground elevations
      structural steel, provided, however, that                    are raised above that of adjoining lots or
      pressure      treated   wood      structural                 lots graded to shed water onto adjoining
      members, so stamped and certified will be                    property, a retaining wall or curb and/or
      permitted on entries, loggias and porticos                   drainage ditch or well, subject to the
      which are not enclosed or intended to be                     approval of the Building Official, shall be
      enclosed or screened and where enclosed                      installed to protect said adjoining property.
      walls are to be used as vehicular cover.               (h)   Garage and carport floors. Floors of
(d)   Floor elevations--Residential. Minimum                       carports and garages shall be of non-
      floor elevations of residential, duplex, or                  absorbent and incombustible materials.
      multiple-family structures, except as                  (i)   Bearing--Joist and rafters. The provisions,
      otherwise noted herein, shall be not less                    rules and regulations, as well as the
      than sixteen (16) inches above the                           directions of Miami-Dade County, Florida,
      established grade as determined and                          shall be followed in connection with all
      established by the Zoning Department,                        joists and rafters bearing on wood plates.
      pursuant to this Code and a current survey             (j)   Miscellaneous electrical standards.
      showing elevations, but in no case shall be                  1.      Service entrance caps for residences
      less than eight (8) feet above M. L. W.                              and duplexes shall be located at the
      USED Bay Datum. Open or enclosed                                     corner of the structure nearest the
      porches and Florida rooms may be eight                               utility pole from which service is
      (8) inches lower than required for the main                          obtained.
      structure, except in high flood hazard                       2.      All panels and related service
      zones. (2625)                                                        equipment shall be electrically
(e)   Floor elevations--Commercial. Minimum                                connected at the time the roughing-
      floor elevations of commercial, industrial                           in inspection is made.
      structures, private or public garages,


                                                     A21-7
      3.     Where a meter socket is required to                 Sec. 21-21 - Unity of title and Declaration of
             be installed on any new structure, a                Restrictive Covenant in lieu thereof. (3518)
             hose bib shall be installed within ten
             (10) feet of such socket or outlet in               Intent. When it is necessary that two (2) or more
             order to provide an adequate ground                 lots, parcels or portions thereof are added or
             for such electrical system.                         joined, in whole or in part, a Unity of Title or
(k)   Furring of walls. Exterior walls of habitable              Declaration of Restrictive Covenant in lieu of a
      areas of all buildings, except commercial                  Unity of Title shall be filed to ensure the
      and industrial structures, shall be furred                 properties are planned, developed and
      with standard one inch by two (2) inch                     maintained as an integral development and/or
      pressure treated strips to provide a three-                project and are consistent with and satisfy the
      quarter (¾) inch air space between wall                    requirements of the Zoning Code, Code of
      and lath surfaces.                                         Ordinances and Comprehensive Land Use Plan.
(l)   Foundations. Foundations of buildings
      may project on public property, provided                   Sec. 21-21a - Unity of Title.
      such projection shall not exceed six (6)
      inches into an alley, and provided that the                (a)   General requirements. As a prerequisite to
      top of the foundation is not less than                           the issuance of a building permit, the
      twelve (12) inches below the established                         owner(s) in fee simple title shall submit a
      grade of a sidewalk nor less than forty-two                      Unity of Title in recordable form to the
      (42) inches below the grade of an alley.                         Building and Zoning Department providing
(m)   Foundations--Special locations. (2631)                           that all of the property encompassing the
      1.     All structures lying within the shaded                    building site upon which the building and
             area shown on the Exhibit Map                             appurtenances are to be located shall be
             entitled: Special Locations Requiring                     held together as one (1) tract of land and
             Pile Foundations contained within                         providing that no part or parcel shall be
             this section, must be supported by                        conveyed or mortgaged separate and
             pile foundations designed by a                            apart from the building site, as set forth
             professional engineer. Construction                       under the building permit in the following
             of the foundations shall be under the                     cases:
             inspection control of a special                           1.    Whenever the required off-street
             inspector as set forth in Subsection                            parking is located on contiguous lots
             305.3 of the South Florida Building                             or parcels or is located off-site, as
             Code.                                                           provided for under Section 13-3(b)
      2.     Exception. Structures within the area                           and (c) of this Code.
             that do not lie in a V-zone (HFH)                         2.    Whenever the building site consists
             classification may be founded on                                of more than one lot or parcel and
             spread footings provided that the                               the main building is located on one
             footings     bear     on    a     natural                       lot or parcel and auxiliary or
             undisturbed sound rock formation                                accessory use buildings or structures
             that is at least five (5) feet thick and                        are located on the remaining lot or
             that the bottom of the footings are at                          parcel comprising the building site.
             least six (6) inches below the top of                     3.    Whenever the building site consists
             the natural sound rock formation.                               of more than one lot or parcel and
(n)   Sinks, urinals, water closets and other                                the main building is located on one
      similar facilities. Sinks, urinals, water                              or more of the lots or parcels and the
      closets and other similar facilities in areas                          remaining       lots    or     parcels
      other than the main building on the                                    encompassing the building site are
      premises such as, but not limited to,                                  required to meet the minimum
      cabanas or additions which are not tied in                             zoning requirements.
      or directly connected with the main                              4.    Whenever a building is to be
      building, shall be permitted provided                                  constructed or erected upon a lot or
      proper restrictive covenants, approved as                              parcel which is larger in frontage,
      to execution and form by the City Attorney,                            depth and/or area than the minimum
      are given.                                                             required by the Zoning Code and
                                                                             which lot or parcel would be


                                                         A21-8
           susceptible to further resubdivision in                        together with the application for Unity
           accordance with the Zoning Code                                of Title.
           and Subdivision Ordinance.                        (c)   Approval. The Unity of Title shall be
      5.   Whenever the Board of Adjustment                        subject to review and approval by the City
           provides that a Unity of Title shall be                 Attorney as to form and content, together
           executed as a condition for the                         with any additional legal instruments to
           granting of a variance.                                 preserve the intent of the ordinance to
      6.   Whenever a Unity of Title is                            promote single building sites and to
           specifically required by an ordinance                   properly enforce the Zoning Code and
           or resolution passed and adopted by                     Code of Ordinances.
           the City Commission.                              (d)   Appeal. Appeal of the Building and Zoning
      7.   Whenever a building site in any R, D,                   Director’s decision shall be to the Board of
           or A-Use District consists of more                      Adjustment. See Zoning Code, Article 26,
           than one platted lot.                                   Appeals for additional information.
(b)   Requisites.                                            (e)   Release. Any Unity of Title required by this
      1.   The owner(s) shall provide a                            section shall not be released except upon
           Certificate of Ownership by way of                      approval by resolution passed and
           an opinion of title from an Attorney-                   adopted by the City Commission and
           At-Law licensed to practice in the                      executed by the City Manager and City
           State of Florida or from an abstract                    Clerk.
           of title company licensed to do                   (f)   Recording. The owner(s) shall pay all fees
           business in Miami-Dade County,                          as required by the Zoning Code or Code of
           Florida; said opinion of title shall be                 Ordinances for the processing and
           based upon an abstract or certified                     recording of the Unity of Title.
           title information brought up within ten           (g)   Enforcement. Enforcement of the Unity of
           (10) days of the requirement that                       Title shall be by action at law or in equity
           such Unity of Title or Declaration of                   with costs and reasonable attorney’s fees
           Restrictive Covenant be recorded.                       and City fees to the prevailing party.
      2.   The opinion of title shall include the
           names and addresses of all                        Sec. 21-21b - Declaration of Restrictive
           mortgagees and lien holders, the                  Covenant in lieu of a Unity of Title.
           description of the mortgages and/or
           liens and the status of all real estate           (a)   General Requirements. In the case of
           taxes due and payable.                                  separate but contiguous and abutting
      3.   A subordination agreement signed                        building sites located in C-Commercial or
           and executed by the mortgagees                          M-Industrial Use Districts owned by one
           and/or lien holders shall accompany                     (1), separate or multiple owners wishing to
           and be made a part of the Unity of                      use said property as one building site, the
           Title.                                                  Building and Zoning Director or designee
      4.   The Unity of Title shall be executed                    may approve a Declaration of Restrictive
           with the same formality and manner                      Covenant in lieu of a Unity of Title together
           as a warranty deed under the laws of                    with a Reciprocal Easement and Operating
           the State of Florida.                                   Agreement approved for legal form and
      5.   The City may also require that the                      sufficiency by the City Attorney. The
           property owners file additional                         Declaration of Restrictive Covenant shall
           documents with appropriate state                        run with the land and be binding upon the
           and local agencies to ensure that the                   heirs,         successors,          personal
           properties are treated for the                          representatives and assigns, and upon all
           purposes herein as a single building                    mortgagees and lessees and others
           site. Such documents shall include,                     presently or in the future having any
           where appropriate, declaration of                       interest in the property. In such instances,
           condominium, approved by the State                      the property owner(s) shall agree that in
           of Florida and recorded in the public                   the event that ownership of the subject
           records of Miami-Dade County.                           properties come under a single ownership,
           Copies shall be provided to the City                    the applicants, successors and assigns,




                                                     A21-9
      shall file a Declaration of Restrictive                 (c) Other applicable provisions. All Declarations
      Covenant covering the subject properties.                   of Restrictive Covenant as provided within
(b) Declaration of Restrictive Covenant shall                     these provisions shall satisfy the following:
    comply with the following:                                    1. The subject site will be developed in
    1. Submit a record of the existing height,                        substantial accordance with a site plan
        existing size and site conditions, to                         approved by the Board of Architects and
        include both plan and photographic                            be subject to all applicable public
        evidence.                                                     hearing and appeal requirements
    2. Develop, maintain and operate the                              provided in the Code.
        property as a single building site.                       2. Subsequent owners of all parcels shall
    3. Develop individual building sites within                       be bound by the terms, provisions and
        the subject property in accordance with                       conditions of the Declaration of
        the     provisions     of    the    City’s                    Restrictive Covenant.
        Comprehensive Land Use Plan and                           3. The conveyance of portions of the
        Zoning Code. Individual building shall                        subject property to third parties shall
        not be eligible for height, floor area or                     require a Reciprocal Easement and
        development bonuses based on the                              Operating Agreement executed by the
        combined size of the individual                               third parties in recordable form including
        properties.                                                   the following:
                                                                      a. Easements in the common area of
Façade alterations shall be permitted only as                              each parcel for the following:
necessary to accommodate the internal                                      (1) Ingress to and egress from the
connection of the separate buildings and                                          other parcels.
improve the building’s general appearance.                                 (2) For the passage and parking of
Building façade improvements shall require                                        vehicles.
Board of Architects review and approval. All                               (3) For       the      passage      and
other applicable improvements may be reviewed                                     accommodation of pedestrians.
and approved by the Building and Zoning                              b. Easements for access roads across
Director.                                                                  the common area of each parcel to
                                                                           public and private roadways.
The City shall only release a Declaration of                         c. Easements for the following on each
Restrictive Covenant if the individual properties                          parcel to permit the following:
satisfy all applicable Zoning Code, Code of                                 (1) The installation, use, operation,
Ordinance and Comprehensive Land Use Plan                                       maintenance,                 repair,
requirements and the release does not created                                   replacement, relocation and/or
substandard or nonconforming building sites.                                    removal of utility facilities in
                                                                                appropriate areas.
Requests for modification of an existing                                    (2) The         installation,      use,
Declaration of Restrictive Covenant shall be                                    maintenance,                 repair,
submitted to the Building and Zoning Director                                   replacement and/or removal of
and satisfy the following:                                                      common                 construction
a. Provide written consent of the current                                       improvements such as footings,
   owner(s) of the phase or portion of the                                      supports and foundations.
   property for which modification is sought.                               (3) The attachment and support of
b. The modification shall not create a fire                                     buildings or other associated
   emergency situation or be in conflict with the                               structures and/or improvements.
   provisions of the Zoning Code, Code of                                   (4) For building overhangs and
   Ordinances and Comprehensive Land Use                                        other overhangs and projections
   Plan.                                                                        encroaching upon such parcel
                                                                                from adjoining parcel such as,
The Building and Zoning Director may impose                                     by way of example, including
conditions within the Declaration of Restrictive                                but not limited to the following:
Covenant to insure the above provisions are                                     marquees; signage; canopies;
satisfied.                                                                      lighting devices; awnings; wing
                                                                                walls; etc.




                                                     A21-10
            (5) Reservation of rights to grant                            part of the Declarations of Restrictive
                easements to utility companies.                           Covenants.
            (6) Reservation of rights to road                        4. The Declaration of Restrictive Covenants
                right-of-ways and curb cuts.                              shall be executed with the same
            (7) Pedestrian and vehicular traffic                          formality and manner as a warranty deed
                over dedicated private right                              under the laws of the State of Florida.
                roads and access roads.                              5. The City may also require that the
        d. Appropriate agreements between the                             property     owners      file    additional
           owners of the parcels as to the                                documents with appropriate state and
           obligation for maintenance of the                              local agencies to ensure that the
           property to include but not limited to                         properties are treated for the purposes
           the following: maintenance and                                 herein as a single building site. Such
           repair of all private roadways;                                documents      shall    include,    where
           parking facilities; common areas;                              appropriate, declaration of condominium,
           landscaping; and, common facilities                            approved by the State of Florida and
           and the like.                                                  recorded in the public records of Miami-
                                                                          Dade County. Copies shall be provided
The provisions within this section or portions                            to the City together with the application
thereof may be waived by the Building and                                 for Declaration of Restrictive Covenant in
Zoning Director if they are not applicable to the                         lieu.
subject property.                                              (e)   Approval. The Declaration of Restrictive
                                                                     Covenant shall be subject to review and
These provisions of the Reciprocal Easement                          approval by the City Attorney as to form and
and Operating Agreement shall not be amended                         content, together with any additional legal
without prior written request and approval of the                    instruments to preserve the intent of the
City Attorney. In addition, such Reciprocal                          ordinance to promote single building sites
Easement and Operating Agreement shall                               and to properly enforce the Zoning Code,
contain such other provisions with respect to the                    Code of Ordinances, Comprehensive Land
operation, maintenance and development of the                        Use Plan.
property as to which the City and the parties                  (f)   Appeal. Appeal of the Building and Zoning
thereto may agree, all to the end that although                      Director’s decision shall be to the Board of
the property may have several owners, it will be                     Adjustment. See Zoning Code, Article 26,
constructed,      conveyed,     maintained      and                  Appeals for additional information.
operated in accordance with the approved site                  (g)   Release. A release of a Declaration of
plan.                                                                Restrictive Covenant shall require approval
(d) Requisites.                                                      from the City Commission upon review and
    1. The owner(s) shall provide a Certificate                      recommendation by the Building and Zoning
        of Ownership by way of an opinion of                         Department.       Approval shall be via a
        title from an Attorney-At-Law licensed to                    Resolution passed and adopted by the City
        practice in the State of Florida or from an                  Commission and release executed by the
        abstract of title company licensed to do                     City Manager and City Clerk. The Building
        business in Miami-Dade County, Florida;                      and Zoning Department and the City
        said opinion of title shall be based upon                    Commission        must    fund     that    upon
        an abstract or certified title information                   demonstration and affirmative finding that
        brought up within ten (10) days of the                       the same is no longer necessary to preserve
        requirement that such Declaration of                         and protect the property for the purposes
        Restrictive Covenant be recorded.                            herein intended.
    2. The opinion of title shall include the                  (h)   Recording. The owner(s) shall pay all fees
        names and addresses of all mortgagees                        as required by the Zoning Code and/or Code
        and lien holders, the description of the                     of Ordinances for the processing and
        mortgages and/or liens and the status of                     recording of the Declaration of Restrictive
        all real estate taxes due and payable.                       Covenant. The Declaration of Restrictive
    3. A subordination agreement signed and                          Covenant shall be in effect for a period of
        executed by the mortgagees and/or lien                       thirty (30) years from the date the
        holders shall accompany and be made                          documents are recorded in the public
                                                                     records of Miami-Dade County, Florida, after


                                                      A21-11
    which they shall be extended automatically                             trash trucks will not block the
    for successive periods of ten (10) years                               intersections of streets or alleys
    unless released pursuant to the Release                                while servicing trash containers.
    provisions contained herein.                                     4.    The trash container enclosure shall
(i) Enforcement.        Enforcement     of   the                           consist of:
    Declaration of Restrictive Covenant shall be                           a. a concrete pad or impervious
    by action at law or in equity with costs and                                 pavers as a base.
    reasonable attorney’s fees to the prevailing                           b. five (5) foot high enclosure walls
    party.                                                                 c. an access gate.
                                                                     5.    An impervious surface shall be
Sec. 21-22 - Variances for historic landmarks.                             provided between the trash container
                                                                           enclosure and the street or alley
(Rescinded 2/5/03 – Ordinance No. 2003-10)                                 from which the containers will be
                                                                           serviced.
                                                                     6.    Whenever possible, a hedge, or
Sec. 21-23 - Commercial trash containers.                                  similar landscaping material, shall
                                                                           abut the enclosure walls.
Plans for new commercial construction or plans                 (c)   Trash container rooms and enclosures
for renovation of an existing commercial                             shall be subject to review and approval by
structure where the cumulative cost of such                          the Building and Zoning Department and
renovation is in excess of twenty (20) percent of                    the Public Service Director.
the assessed value of the existing commercial                  (d)   Upon written request of a property owner,
structure shall make provisions for a trash                          the requirements specified in (a) and (b)
container room or enclosure in accordance with                       above may be waived by order of the City
the following provisions: (2648)                                     Manager or his designee provided the
(a) All new commercial construction projects;                        following conditions are met: (3129)
      all renovation projects having a setback of                    1.    The trash generated within the
      less than ten (10) feet on the side of the                           subject commercial building can be
      property best suited for the servicing of                            disposed of in a shared consolidated
      trash containers shall include a trash                               waste container/compactor located
      container room for the purpose of housing                            off-site; and,
      dumpsters or other trash receptacles.                          2.    The trash disposal location is
      1.     The trash container room may only                             acceptable to the City's commercial
             be located on the rear or side of the                         waste disposal contractor; and,
             project and shall be easily accessible                  3.    A legal instrument, as prescribed by
             for servicing.                                                the City Attorney, is executed by the
      2.     The trash container room shall be                             subject        property        owners
             fully enclosed and include lockable                           acknowledging that the City Manager
             doors.                                                        shall be empowered to direct full
(b) Renovation projects having a setback of                                compliance with the above trash
      ten (10) feet or more on the side of the                             enclosure/room requirements if the
      property best suited for the servicing of                            use of the consolidated waste
      trash containers shall include a trash                               container is no longer available.
      container room pursuant to subsection (a)                            (3129)
      1. and (a) 2. above, or a trash container
      enclosure in accordance with the following:              Sec. 21-24 - Family day-care home.
      1.     The trash container enclosure may
             only be located in the rear yard, rear            A family day-care home as defined in Section 2-
             setback area, side yard or side                   48, herein, may be permitted in any R, D or A-
             setback area.                                     Use district, subject to the following conditions
      2.     The trash container enclosure shall               and restrictions: (2703)
             be placed at least five (5) feet from             (a) Each facility shall obtain a family day-care
             any property line, but not within the                   home license from the City of Coral
             triangle of visibility.                                 Gables. Said license shall be renewable
      3.     The trash container enclosure shall                     every     year    to   ensure    continued
             be located such that garbage or



                                                      A21-12
      compliance with the provisions of this                          deflectors and beam directions shall be
      Section.                                                        submitted to the Building and Zoning
(b)   Upon making application for a family day-                       Department.
      care home license, the applicant shall                    (b)   The Building and Zoning Department may
      provide the following information:                              issue a permit for such lighting, if, after
      1.      Applicant's name, address and                           review of the plans and after consideration
              telephone number.                                       of the adjacent area and neighborhood,
      2.      Property owner's name, address and                      the proposed lighting will be deflected,
              telephone number (if different from                     shaded and focused away from adjacent
              applicant).                                             properties and will not be a nuisance to
      3.      Address of family day-care home.                        such adjacent properties.
      4.      Business name to be used.                         (c)   In addition, such outdoor lighting shall be
      5.      Expected total number of children for                   designed so that any overspill of lighting
              which day-care will be provided.                        onto adjacent properties shall not exceed
      6.      Size of residence or dwelling unit                      one-half (½) foot-candle (vertical) and one-
              (square foot floor area) to be used.                    half    (½)    foot  candle      (horizontal)
(c)   The maximum number of preschool                                 illumination on adjacent properties. An
      children unrelated to the resident                              outdoor lighting installation shall not be
      caregiver, shall not exceed five (5%) per                       placed in permanent use until a letter of
      facility. Elementary school siblings of the                     compliance from a registered architect or
      preschool children may also receive day-                        engineer is provided stating that the
      care outside of school hours, provided that                     installation has been field-checked and
      the total number of children, including                         meets the requirements as set forth above.
      those related to the care-giver shall not
      exceed ten (10).                                          Sec. 21-26 - Newsracks on private property.
(d)   Family day-care home facilities shall be                  (2728)
      limited to one per residential structure and
      spaced at least ten-thousand (10,000) feet                (Rescinded 3/31/92--Ordinance No. 2985)
      apart measured from property line to
      property line.                                            Sec. 21-27 - Movable planters.
(e)   Family day-care home facilities shall
      provide a fenced or walled rear yard.                     Containers for plant materials which are not
(f)   No signage or other means of identification               permanently attached to a structure or the
      shall be permitted on the exterior of a                   ground shall be considered movable planters
      facility to indicate the operation of a Family            and shall be permitted in setback and right-of-
      Day-Care Home.                                            way areas in any C or M zoning district provided
(g)   Family day-care home shall provide no                     that such planters:
      less than two-hundred (200) square feet of                (a) 1. Are made of clay, stone or concrete,
      gross floor area for each child which                               and shall be terra cotta, white or earth-
      receives care within that dwelling unit.                            tone in color, or the color of the
(h)   Family day-care home shall be registered                            abutting store front facade.
      or licensed with the State of Florida,                          2. Are no greater in size that 2'(H) X
      Department of Health and Rehabilitation                             3'(W) X 3'(L) in size.
      Services (HRS) prior to obtaining a City of                     3. Can be relocatable indoors when a
      Coral Gables license.                                               hurricane warning is issued.
                                                                      4. Do not project more than thirty-six (36)
Sec. 21-25 - Outdoor lighting.                                            inches into the right-of-way, beyond
                                                                          the face of the building to which they
Exterior lighting for areas such as but not limited                       are adjacent.
to, tennis courts, golf courses, sporting grounds,                    5. Provide a minimum clear passage of
outside lighting for security purposes and night                          thirty-six (36) inches, do not represent
lighting of commercial buildings abutting                                 a pedestrian hazard, or obstruct any
residential areas shall be permitted under the                            entrances,      exits   or    pedestrian
following conditions: (2706)                                              circulation.
(a) Plans indicating the location, height, type
       of lights, levels of illumination, shades,


                                                       A21-13
      6. Are not anchored or restrained in any                  Sec.  21-29       -   Prefabricated       fireplace
          visible manner such as with a chain,                  chimneys.
          rope or wire.
      7. Are maintained, together with the plant                Prefabricated fireplace chimneys constructed of
          material contained therein, in good                   steel angle frame and a stucco finish may be
          condition, are kept clear of all refuse,              installed on duplexes and single-family
          and are inspected by the property                     residences only when the fireplace addition is
          owner or tenant on a daily basis.                     proposed on an existing structure and is located
      8. Are used solely as decorative fixture                  on an interior wall. Fireplace chimney additions
          for      the     abutting       business              on exterior walls (outside of existing building
          establishment.                                        footprint) may not be prefabricated.          All
      9. Shall not display lettering, signage or                prefabricated fireplace chimneys shall be subject
          advertising.                                          to Board of Architects review and approval, and
      10. That a Restrictive Covenant be                        must be designed to meet or exceed South
          executed by the owner which runs with                 Florida Building Code requirements, and be
          the title of the property, stating, in                approved by the City Structural Engineer. (3160)
          addition to the above, that the owner of
          the property will provide public liability            Sec. 21-30 - Authority to enter                into
          insurance coverage for planters placed                development agreement; hearings.
          in the public right-of-way in the
          minimum limits required by the City,                  (a)   Authority – The City Commission shall
          and naming the City as an additional                        have authority to enter into a development
          insured under the policy.                                   agreement with any person having a legal
Any movable planters which do not meet the                            or equitable interest in real property
requirements herein shall be removed                                  located within its jurisdiction in accordance
immediately.                                                          with the requirements of the Florida Local
                                                                      Government Development Act, 163.3220
Sec. 21-28 - Miscellaneous fees.                                      et seq., as amended, F.S.;
                                                                (b)   Definition – A development agreement is
Application fees shall be charged for the                             an agreement entered into pursuant to the
following uses which require Special City                             Florida Local Government Agreement Act
Commission or City Manager review and                                 between the City, as a local government,
approval. Fees shall be charged according to                          and a developer regarding development of
the table below, and shall be paid at the time the                    a particular parcel of land. A development
request is submitted.                                                 agreement shall not exceed ten years in
(a) Sauna/Whirlpool Facility (Section 3-6(d)                          duration unless extended by mutual
      53)…………..……………………… $400.00                                      consent of the City and the developer,
(b) Health Athletic Clubs (Section 3-6(f) 17)                         subject to a public hearing in accordance
      ………....……………………………. .400.00                                     with F.S. 163.3225.
(c) Firearm Sales (Section 3-7(a) 2)                            (c)   Requirements and Procedures – The
      ….……………………………………..400.00                                        requirements      and      procedures      are
(d) Concrete Products Manufacturing (Section                          governed      by      the     Florida    Local
      3-7(a) 14)……………………………..400.00                                   Development Agreement Act, as provided
(e) Tour Guide Service with Cars/Buses                                in F.S. 163.3220 et seq., as amended.
      (Section 3-7(a) 49) .....…………….. 400.00
(f)   Open Lot Christmas Tree Sales (Section
      6- 7(a))...……………….....................200.00
(g) Permit to Keep Wild Animals (Section 8-
      14) (approved by City Manager) ($10.00
      annual renewal fee) . . .…………….100.00
(h) Attended Parking (Section 13-2(b))
      …..…………………………………….400.00
(i)   Parking in Front Setback (Section 13-3(a))
      ...……...……………………………….300.00




                                                       A21-14

				
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