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HomeMy WebLinkAboutG38-12 Ordinance No. G38-12 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" WHEREAS, written application has been made to amend the Elgin Zoning Ordinance regarding the manner in which temporary uses and temporary street graphics are regulated; and, WHEREAS, the Planning and Zoning Commission held a public hearing concerning the proposed amendments after due notice in manner provided by law; and, WHEREAS, the Planning and Zoning Commission has forwarded the proposed amendments to the city council with a recommendation for approval and finding that the proposed amendments: a) Will enhance the effectiveness of the zoning ordinance; b) Will provide businesses and other entities additional flexibility when deploying temporary signage; c) Will not negatively affect city efforts to promote a positive image, which includes reducing sign clutter; and d) Will increase the ease and effectiveness of enforcing regulations regarding temporary signs; and WHEREAS, the Community Development Department recommends the requested amendment be granted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.50.090 of the Elgin Municipal Code, 1976, as amended, entitled "Special Street Graphics" be and is hereby further amended by amending subparagraph H thereof entitled "Temporary Graphic" to read as follows: "H. Temporary Graphic: Only those "principal uses" [SR] with a valid Certificate of Occupancy (which includes Certificates of Re-Occupancy and Temporary Certificates of Occupancy) or those uses established as a temporary use in accordance with Section 19.90.015, "Use, Temporary" may display a temporary graphic in compliance with the provisions of this section and the other provisions of this chapter. 1. Maximum Size: No temporary graphic shall exceed thirty two (32) square feet in surface area or ten (10) linear feet in height. The number and surface area of temporary graphics shall not limit the number or surface area of other allowable street graphics on a "zoning lot" [SR]. 2. Type: Temporary graphics shall be constructed of weather-proof materials either erected as a ground graphic or attached to a "building" [SR] or "fence or wall" [SR] in the manner of a wall graphic. No temporary graphic shall include pennants or portable graphics. 3. Allowable Zoning Districts: Temporary graphics shall be allowed only in those zoning districts listed within Sections 19.07.300 D. Community Facility Districts, E. Business Districts, and F. Industrial Districts . 4. Maximum Number: a. No more than one (1) temporary graphic shall be allowed upon a "zoning lot" [SR] at any time. b. On a "zoning lot" [SR] containing three (3) or fewer "principal uses" [SR] which have received a Certificate of Occupancy, the total number of temporary graphics displayed during a calendar year, including those for "temporary uses" [SR], shall not exceed six (6). c. On a "zoning lot" [SR] containing four (4) or more "principal uses" [SR] which have received a Certificate of Occupancy, the total number of temporary graphics displayed during a calendar year , including those for "temporary uses" [SR], shall not exceed twelve (12). d. On a "zoning lot" [SR] containing more than one (1) "principal use" [SR] which has received a Certificate of Occupancy, no one (1) "principal use" [SR] shall display more than four (4) temporary graphics during a calendar year. 5. Duration of Display for Uses with a Certificate of Occupancy: A "principal use" [SR] which has received a Certificate of occupancy may display a temporary graphic for not more than fifteen (15) consecutive days. 6. Duration of Display for Uses Established as a Temporary Use: A "temporary use" [SR] established in accordance with Section 19.90.015, "Use, Temporary" may display a temporary graphic seven (7) days in advance of, and on every day during the operation of, the "temporary use" [SR]. For an "intermittent temporary use" [SR] on a "zoning lot" [SR] containing no other permanent street graphics, the temporary graphic may also be displayed on all days during the approved fixed period of time, even though the "intermittent temporary use" may not actually be operating or otherwise open or available to the general public. 7. Location: A temporary graphic shall only be located upon the zoning lot on which the "principal use" [SR] or temporary use is established. 8. Permit and Sticker Requirements: a. A permit for a temporary graphic shall state the start and end display dates for the graphic, and the permit may be valid for more than one (1) such display period. Once issued, that permit may only be amended in the same manner as the issuance of a new permit, including the payment of a new permit fee. b. All temporary graphics shall conspicuously display an approval sticker issued by the City which includes the permit number and authorized display dates. Section 2. That Section 19.90.015 of the Elgin Municipal Code, 1976, as amended, entitled "Definitions and Regulations" be and is hereby further amended by amending the definition of"Use, Temporary" and by adding a definition for "Use, Intermittent Temporary" to read as follows: "USE, TEMPORARY: A "land use" [SR] which is established for a fixed period of time with the intent to discontinue such use on the expiration of the time period. A temporary use shall be subject to the following supplementary regulations: A. Land Uses Allowed: A temporary use shall be limited to those permitted uses and accessory uses allowed in the zoning district in which the temporary use is to be located, unless specifically authorized otherwise. B. Number And Duration: No more than four (4) temporary uses shall be conducted on the same"zoning lot" [SR] within a calendar year. No single temporary use shall be established or operate for more than thirty (30) days, and the total number of days for all temporary uses established or operating on the same "zoning lot" [SR] within a calendar year shall not exceed sixty (60) days. More than one (1) temporary use may be established or operate on the same zoning lot at the same time; however, for each temporary use, one (1) day of establishment or operation of each temporary use is counted against the maximum number of sixty (60) days allowed. Except as provided for an "intermittent temporary use" [SR], the days a temporary use operates or is otherwise open or available to the general public shall be consecutive, and each such time period shall constitute one (1) of the four (4) allowable temporary uses within a calendar year. C. Setbacks: A temporary use shall maintain a minimum fifteen foot (15') setback from all "street lot lines" [SR] and a minimum ten foot(10') setback from all "interior lot lines" [SR]. Temporary uses shall maintain a minimum one hundred foot (100') setback from all interior lot lines which adjoin any residence conservation district or residence district, where such temporary use is not located within such zoning districts. D. Operation: Temporary uses may be operated outdoors. No temporary use shall be operated in such a manner as to cause a public nuisance including, but not limited to, stormwater runoff onto adjoining property, soil erosion, unsafe vehicular access or on site vehicular circulation, or any other activity that jeopardizes the public health, safety or welfare. E. Permit Required: A temporary use shall not be established or operate before receiving a Temporary Use Permit. Such permit shall state the absolute start and end dates of the temporary use and the days of operation between said dates. F. Other Codes And Ordinances: A temporary use shall comply with all other codes and ordinances, except the provisions for the required number of parking spaces. "Intermittent temporary uses" [SR] are further and distinctly defined within this section 19.09.015 and subject to the supplemental regulations associated therewith. USE, INTERMITTENT TEMPORARY: A "temporary use" [SR] at which at least five (5) separate and distinct businesses provide goods and services directly to the public no more than two (2) times per week and on no more than thirty (30) regularly scheduled and predetermined days over a fixed period of time not to exceed six (6) months. An intermittent temporary use does not include a "residential garage sale" [SR], "outdoor display area" [SR], "outdoor display lot" [SR], "outdoor eating and drinking facility" [SR], "commercial operations yard" [SR], "junk yard" [SR], or "motor vehicle wrecking yard" [SR]. An intermittent temporary use is subject to the "temporary use" [SR] supplementary regulations, except: A. When operated outdoors, such use shall be located upon a "zoning lot" [SR] greater than or equal to two (2) acres; B. The entire approved fixed period of time during which the intermittent temporary use is established or operates constitutes one single "temporary use" [SR] as envisioned and limited by the supplementary regulations for "temporary use" [SR]; and C. No more than one (1) intermittent temporary use is allowed per "zoning lot" [SR] within a calendar year." Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/David J. Kaptain David J. Kaptain, Mayor Presented: June 27, 2012 Passed: June 27, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 27, 2012 Published: June 29, 2012 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk TABLE 1. SUMMARY OF CURRENT&PROPOSED REGULATIONS FOR TEMPORARY USES AND TEMPORARY SIGNS Characteristic Current Proposed I Notes TemporanyAise Number per Year 4 4 See detail within Item No. Max Days per Use 30 30 1 above. Max Days for All 60 60 Temporary Uses Temporar rSjgn Max Size 32 sq.ft. 32 sq.ft. No change. Max Height 11 feet 10 feet Reduced 1 foot so height is same as permitted height for monument sign. Permitted Type Banner only. Weather-proof material. Provides more options for displaying temp signs. Permitted Locations Ground or building. Ground, building, fence, or Provides more options for wall. displaying temp signs. Occurrences 6 signs per zoning 12 signs for a zoning lot with 4 Accommodates shopping lot per year. or more businesses; centers with multiple businesses and prevents 6 signs for a zoning lot with 3 one business from using or fewer businesses; the entire temp sign allowance. On a zoning lot with more than one business, no business may have more than 4 signs;and No more than one sign displayed upon a zoning lot at a time. Duration 15 days each sign. 15 days each;and Marries temp use and temp sign allowances. Allows temp sign for temp use to be displayed during approved time period of temp use, including provisions for intermittent temp use. Enforcement No permit posting Sign must display sticker with Provide in-vehicle visual requirement. approved dates. confirmation for code enforcement, prevents need to check computer system for permit. 3. Number of Temporary Signs Allowed (Occurrences). The Zoning Ordinance does not consider whether or not a zoning lot contains multiple users; instead, it sets a hard cap at no more than six temporary signs. As such, a shopping center, which could contain dozens of users, is treated the same as a zoning lot with one use. Staff often has to advise businesses that another business within their development has already used the annual allowance. The proposed amendment provides Page 3 of 4 June 13,2012 PLANNING AND ZONING COMMISSION RECOMMENDATION AND FINDINGS OF FACT Community Development Department Cite of Elgin, IL SUBJECT Amend the text of the zoning ordinance to provide greater flexibility to certain establishments seeking temporary signage, to clarify the way in which temporary uses are counted, and to accommodate the way in which intermittent temporary uses operate. GENERAL INFORMATION Requested Action: Approve Petition 21-12, Text Amendment to Zoning Ordinance Applicant: City of Elgin Staff Coordinator: Marc S. Mylott, AICP; Director of Community Development History: After due notice as required by law, the Planning and Zoning Commission held a public hearing and considered Petition 21-12 on June 4, 2012. The city as applicant submitted a Statement of Purpose and Conformance and Text Amendment Review dated June 4, 2012 and testified at the public hearing. List of Exhibits: Redline/strikeout version of proposed amendment; and Transcript. BACKGROUND Only a few zoning issues regularly present staff with more administrative difficulties than temporary uses,temporary signs, and the disconnect between the regulations for each. More so, within the past two years, staff has been presented with a temporary use business model that does not operate on consecutive days, rather on one or two regularly scheduled days per week over the course of several months. Does such a use constitute only one of the four allowed temporary uses on a zoning lot? How is the time period of such an operation measured and how does the 30-day per temporary use limit apply? Is the time measured as several months or only the days on which it operates? Finally, how would such an operation realistically provide signage when the code limits temporary signs to no more than six and each no more than 15 days? r And the problems are not limited to just temporary uses. For "permanent" establishments, the Zoning Ordinance does not prevent a single business from using all the annual temporary sign allowances on a zoning lot where that zoning lot contains more than one business — within a shopping center, for example. Several points deserve additional discussion: 1. Number of Temporary Uses Per Year. The definition of "temporary use" relies on another defined term "land use", and "land use" could be construed to be either a specific and distinct operating entity/event or the broad land use classifications listed within each zoning district. Under the first interpretation, a zoning lot could only host four distinct temporary events each year. Under the later interpretation, a zoning lot could host any number of different events in so long as they fell within one of four approved land use classifications. While under either scenario the maximum number of days of temporary use could not exceed 60, we now believe that the later interpretation is too liberal and a zoning lot should host no more than four distinct temporary events. The proposed amendment clearly articulates this sentiment. The proposed amendment maintains that each temporary use run for no more than 30 consecutive days and the permit required therewith would so specify the beginning and end point. More so, the amendment clarifies that, if more than one temporary use operates on a zoning lot at one time, each use counts as a day of operation against the maximum 60 allowed. 2. Intermittent Temporary Uses. The above notwithstanding, staff believes the zoning ordinance should accommodate the unique scheduling of certain temporary uses that operate during a defined time period but not on consecutive days, such as a seasonal or farmer's market. As such, the proposed amendment creates a new temporary use classification for such intermittent uses and counts the entire period of operation as one temporary use against the maximum four allowed. While the days of operation between the beginning and end dates need not be consecutive,they still cannot exceed 30. 3. Number of Temporary Signs Allowed (Occurrences). The Zoning Ordinance does not consider whether or not a zoning lot contains multiple users; instead, it sets a hard cap at no more than six temporary signs. As such, a shopping center, which could contain dozens of users, is treated the same as a zoning lot with one use. Staff often has to advise businesses that another business within their development has already used the annual allowance. The proposed amendment provides additional numbers of signs for zoning lots with four or more users (the Zoning Ordinance already uses the number four as the level at or above which a zoning lot could qualify for a shopping center monument sign) and, where a zoning lot has more than one user, it proposes to cap the maximum number of temporary signs that any one business could display at four. 4. Enforcement. The effort to minimize sign clutter along city commercial corridors is time consuming, especially considering changing temporary signs. As such, the proposed amendment includes a new requirement that a temporary sign conspicuously display a sticker that one will receive upon receipt of their temporary sign permit. In this manner, a code enforcement officer can quickly visually determine whether or not a sign in the field has been permitted. Staff believes that proposed changes to the zoning ordinance enhance its effectiveness. Most importantly, staff believes that the accommodations, which are intended to help businesses, do not undermine the city's efforts to portray a positive image. In other words, staff does not believe that these accommodations will suddenly introduce excessive sign clutter. Page 3 of 4 rbk 19.50.090: SPECIAL STREET GRAPHICS: H. Temporary Graphic: Only those 'principal uses" [SRI with a valid Certificate of Occupancy or those uses established as a temporary use in accordance with Section 19.90.015, "Use, Temporary" may display a i-temporary graphic may be displayed in compliance with the provisions of this section and the other provisions of this chapter. 1. Maximum Size: an-a-temporary-basis on a zoning lot a maximum of six-(6) times per-calendar year for a period not to exceed fifteen (15) days for each permit. No temporary graphic shall exceed thirty two (32)square feet in surface area or eleven-ten (44-10) linear feet in height. The number and surface area of temporary graphics shall not limit the number or surface area of other allowable street graphics on a "zoning lot" (SRI. 2. Type: Temporary graphics shall be displayed as a banner that is constructed of weather-proof materials either erected as a ground graphic or affixed or attached to a"building" [SRI or"fence or wall" [SRI in the manner of a wall graphic. No temporary graphic shall include pennants or portable graphics. The number and surface area of temporary graphics shall net-limit the number 3. Allowable Zoning Districts: Temporary graphics shall be allowed only in those zoning districts listed within Sections 19.07.300 D. Community Facility Districts, E. Business Districts, and F. Industrial Districts the CF community facility district, RB residence business district, NB district and the ORI office research industrial-district, GI general industrial district and Cl commercial industrial district zoning districts. 4. Maximum Number: a. No more than one (1) temporary graphic shall be allowed upon a"zoning lot" [SRI at any time. b. On a"zoning lot" [SRI containing three (3) or fewer"principal uses" [SR]which have received a Certificate of Occupancy, the total number of temporary graphics displayed during a calendar year shall not exceed six (6). c. On a"zoning lot" [SRI containing four(4) or more "principal uses" [SRI which have received a Certificate of Occupancy, the total number of temporary graphics displayed during a calendar year shall not exceed twelve (12). d. On a"zoning lot" [SRI containing more than one (1) "principal use" [SRI which has received a Certificate of Occupancy, no one (1) "principal use" [SRI shall display more than four(4) temporary graphics during a calendar year. 5. Duration of Display for Uses with a Certificate of Occupancy: A"principal use" [SRI which has received a Certificate of Occupancy may display a temporary graphic for not more than fifteen (15) consecutive days. 6. Duration of Display for Uses Established as a Temporary Use: A"temporary use" [SRI established in accordance with Section 19.90.015, "Use. Temporary" may display a temporary graphic seven (7) days in advance of, and on every day during the operation of, the"temporary use" [SRI. For an "intermittent temporary use" [SRI on a"zoning lot" [SRI containing no other D. Operation: Temporary uses may be operated outdoors. No temporary use shall be operated in such a manner as to cause a public nuisance including, but not limited to, stormwater runoff onto adjoining property, soil erosion, unsafe vehicular access or on site vehicular circulation, or any other activity that jeopardizes the public health, safety or welfare. E. Permit Required: A temporary use shall not be established or operate before receiving a Temporary Use Permit. Such permit shall state the absolute start and end dates of the temporary use and the days of operation between said dates. EF. Other Codes And Ordinances: A temporary use shall comply with all other codes and ordinances, except the provisions for the required number of parking spaces. "Intermittent temporary uses" [SRI are further and distinctly defined within this section 19.09.015 and subject to the supplemental regulations associated therewith. USE, INTERMITTENT TEMPORARY: A"temporary use" [SRI at which at least five (5) separate and distinct businesses provide goods and services directly to the public no more than two (2) times per week and on no more than thirty (30) regularly scheduled and predetermined days over a fixed period of time not to exceed six (6) months. An intermittent temporary use does not include a "residential garage sale" [SRI, "outdoor display area" [SRI, "outdoor display lot" [SRI, "outdoor eating and drinking facility" [SRI, "commercial operations yard" [SRI. 'junk yard" [SRI. or"motor vehicle wrecking yard" ISM. An intermittent temporary use is subject to the "temporary use" [SR]supplementary regulations, except: A. When operated outdoors, such use shall be located upon a"zoning lot" [SRI greater than or equal to two (2) acres; and A-.P. The entire approved fixed period of time during which the intermittent temporary use is established or operates constitutes one single"temporary use" [SR] as envisioned and limited by the supplementary regulations for"temporary use" [SRI. r 1 1 561289C 2 3 STATE OF ILLINOIS ) SS. 4 COUNTY OF BANE ) 5 BEFORE THE PLANNING AND ZONING COMMISSION 6 OF THE CITY OF ELGIN 7 In Re the Matter of: ) a ) City-wide Text Amendment ) 9 Regarding Temporary Uses, ) No. 21-12 Temporary Graphics, and Other ) 10 Provisions of the Zoning ) Ordinance. ) 11 12 REPORT OF PROCEEDINGS had at the hearing of 13 the above-entitled matter before the Planning and 14 Zoning Commission of the City of Elgin in the 15 Elgin Municipal Building, Second Floor, 16 150 Dexter Court, Elgin, Illinois, on May 7, 17 2012, at the hour of 7:19 p.m. 18 19 20 21 22 23 24 SONNTAG REPORTING SERVICE, LTD. sonntagreporti.ng. com - 800.232 . 0265 REPORT OF PROCEEDINGS -- 5/7/2012 PETITION 21-12 3 1 CHAIRMAN SILJESTROM: The next item 2 on our agenda is a text amendment, city-wide, 3 21-12, text amendment regarding temporary uses, 4 temporary graphics, and other provisions of the 5 zoning ordinance, and like the other petition, I 6 have heard that there is something pending on 7 that. 8 Gentlemen of the staff, what is it? 9 MR. SANER: This is, again, 10 consideration of Petition 21-12, a text amendment 11 regarding temporary uses, temporary graphics, and 12 other provisions of the zoning ordinance. 13 At this time, staff is recommending that 14 consideration of this petition be continued to 15 the June 4th, 2012, meeting of the Commission. 16 CHAIRMAN SILJESTROM: Having heard 17 that from staff, the Chair will then entertain a 18 motion on their request. The request is to 19 continue consideration of this petition until 20 June 4th of 2012. 21 Is there a motion to do that? 22 MEMBER KRUGER: So moved. 23 MEMBER RODER: Second. 24 CHAIRMAN SILJESTROM: Any discussion? SONNTAG REPORTING SERVICE, LTD. sonntagreporting.com - 800 .232 . 0265 5 1 STATE OF ILLINOIS ) SS. 2 COUNTY OF KANE ) 3 4 I, JOANNE E. ELY, Certified Shorthand 5 Reporter No. 84-4169, CSR, RPR, and a Notary 6 Public in and for the County of Kane, State of 7 Illinois, do hereby certify that I reported in 8 shorthand the proceedings had in the 9 above-entitled matter and that the foregoing is a 10 true, correct, and complete transcript of my 11 shorthand notes so taken as aforesaid. 12 IN TESTIMONY WHEREOF I have hereunto set my rik 13 hand and affixed my Notarial Seal this 16th day 14 of May, 2012. 15 16 17 18 • a p o Y T 19 Certified Shorthan Reporter 20 21 My commission expire - OFFC AL SEAL May 16, 2016. JOANNE E ELY NOTARY PUBLIC-STATE OF ILLINOIS 22 MY COMMISSION EXPIRES:05/16/16 23 24 SONNTAG REPORTING SERVICE, LTD. sonntagreporting. com - 800 . 232 . 0265 Page 1 rA E 1:4 5:2.4 N 1:4 5:2 Secretary 4:2 7 above-entitled 1:13 Elgin 1:6-,14,15,16 Notaria15:13 Senior 2:9,10 71:16 5:9 ELY 5:4 Notary 5:5 set 5:12 7.00 4:19 Abstain 4:11 entertain 3:17 notes 5:11 shorthand 5:4,8,11 7.19 1:17 affixed 5:13 expires 5:21 0 5:19 7:20 4:17 aforesaid 5:11 Siljestrom 2:2 3:1 agenda 3:2 F ordinance 1:10 3:5 3:16,24 4:2,14,15 8 amendment 1:8 3:2 Floor 1:15 3:12 SS 1:3 5:1 84-4169 5:5 3:3,10 foregoing 5:9 P staff 3:8,13,17 ANTHONY 2:6 State 1:3 5:1,6 G Pedote 2:6 4:10,11 561289C 1:1 Awe 2:3 4:4,5 Gentlemen 3:8 pending 3:6 - B graphics 1:9 3:4,11 petition 3:5,10,14 T BETH 2:5 3:19 taken 5:11 H Planner 2:9,10 ora tem 1:9,9 Building 1:15 hand 5:13 temporary Planning 1:5,13 3:3,4,11,11 C heard 3:6,16 please 4:3 TESTIMONY 5:12 call 4:3 hearing 1:12 4:18 PRESENT 2:1,8 text 1:8 3:2,3,10 Certified 5:4,19 hereunto 5:12 proceedings 1:12 Thank 4:16 certify 5:7 hour 1:17 5:8 time 3:13 Chair 3:17 I provisions 1:10 3:4 transcript 5:10 Chairman 2:2 3:1 3:12 true 5:10 3:16,24 4:2,14,15 Illmais 13'16 5:1,7 Public 5:6 item 31 m1:174:1719 U CHRISTINE 2:3 P- City 1:6,14 J R uses I:9 3:3,11 city-wide 1:8 3:2 JACK 2:7 recommending W commission 1:5,14 JAY 2:4 3:13 WADEN 2:10 3:15 5:21 JOANNE 5:4 regarding 1:9 3:3 WHEREOF 5:12 complete 5:10 June 3:15,20 4:18 consideration 3:10 3:11 3:14,19 I{ REPORT 1:12 Z continue 3:19 K1:4 5:2 reported 5:7 zoning 1:5,10,14 Reporter 5:5,19 3:5,12 continued 3:14 Kane 5:6 request 3:18,18 4:18 Kruger 2:5 3:22 response 4:1 1 correct 5:10 4:8,9 ROBERT 2:2 1501:16 County 1:4 5:2,6 16 5:21 Court 1:16 M Roder 2:7 3:23 Cox 2:4 4:6,7 matter 1:7,13 5:9 4:12,13 16th 5:13 CSR 5:5 meeting 3:15 roll 4:3 2 Member 2:3,4,5,6,7 RPR 5:5 20121:17 3:15,20 D 3:22,23 4:5,7,9,11 S 4:19 5:14 DAVE 2:10 4:13 SABER 2:9 3:9 4:4 2016 5:21 day5:13 motion3:18,21 4:6,8,10,12,14,16 21-121:93:3,10 Dexter 1:16 moved 3:22 discussion 3:24 Municipal 1:15 S` ROSH 2'9 4 Sea15:13 4th 3:15,20 4:19 E N Second 1:15 3:23 r - - - SONNTAG REPORTING SERVICE, LTD. sonntagreporting . com - 800 . 232 . 0265