For purposes of this subchapter the following definitions apply:
APPRAISAL. Means a written statement prepared by an appraiser licensed by the Appraiser Certification and Licensure Board of the State of Oregon under O.R.S. Chapter 674. For commercial or industrial property, the term APPRAISAL also means a written statement prepared by an appraiser holding the MAI qualification and evidenced by written certificate.
BALLOT MEASURE 37. Means the provisions added to O.R.S. Chapter 197 by Ballot Measure 37 as approved by Oregon voters on November 2, 2004.
CITY. Means City of Banks.
CLAIM. Means the written demand for compensation made by an owner of real property in accordance with Ballot Measure 37 and this chapter.
EXCEPTIONS TO LAND USE REGULATION. The following land use regulations are excluded from the application of this subchapter:
(1) A regulation restricting or prohibiting activities commonly and historically recognized as public nuisances under common law, and the criminal laws of Oregon and the city; including Ordinance 20.01, Ordinances 30.01 and 40.01 and the criminal laws of Oregon and the City as amended from time to time.
(2) A regulation restricting or prohibiting activities for the protection of public health and safety such as fire and building codes, health and sanitation regulations, solid or hazardous waste regulations, and pollution control regulations;
(3) A regulation required for compliance with federal law;
(4) A regulation restricting or prohibiting the use of a property for the purpose of selling pornography or performing nude dancing; or
(5) A regulation enacted prior to the date of acquisition of the real property by the owner or a family member of the owner who owned the subject property prior to acquisition or inheritance by the owner, whichever occurred first.
FAIR MARKET VALUE. The price stated in terms of dollars that a willing buyer would pay for the property without any obligation to buy from a willing seller without any obligation to sell, REDUCTION IN FAIR MARKET VALUE means the difference in the fair market value of the property before and after the application of the regulation.
FAMILY MEMBER. Means the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent, or grandchild of the owner of the real property, an estate of any of the foregoing family members, or a legal entity owned by any 1 or combination of these family members or the owner of the real property.
LAND USE REGULATION. Means any city comprehensive plan, zoning ordinance, land division ordinance or transportation ordinance. A LAND USE REGULATION does not include any land use regulation excepted from this chapter, any city system development charge, or any other city development fees or charges.
MAYOR. Means the Mayor or Mayor's designee, subject to the approval of the City Council.
OWNER. Means the present owner of real property that is the subject of the claim for compensation, or any interest therein. The owner must be a person who is the sole fee simple owner of the real property or all joint owners whose interests add up to a fee simple interest in property including all persons who represent all recorded interests in property, such as co-owners, holders of less than fee simple interests, leasehold owners, and security interest holders.
PROPERTY. Means any private real property or interest therein. It includes only a single parcel or contiguous parcels in single ownership. It does not include any parcels that are under different ownerships, regardless of contiguity.
REDUCTION IN VALUE. Means the difference in the fair market value of the property before and after enactment, enforcement or application of a land use regulation as defined in this subchapter.
(Ord. 10.050, passed 1-11-2005)