For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Appraisal means a written statement prepared by an appraiser licensed by the Appraiser Certification and Licensure Board of the State of Oregon pursuant to O.R.S. Chapter 674. In the case of commercial or industrial property, the term Appraisal additionally means a written statement prepared by an appraiser holding the MAI qualification, as demonstrated by a written certificate.
City Administrator means the City Administrator of the City of Canby, or his or her designee.
Claimant means the property owner who submits a demand to waive a land use regulation or receive compensation for loss of property value under this chapter.
Demand means a claim filed under Ballot Measure 37.
Exempt Land Use Regulation means a land use regulation that:
1. Restricts or prohibits activities commonly and historically recognized as public nuisances under common law;
2. Restricts or prohibits 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. Is required in order to comply with federal law;
4. Restricts or prohibits the use of property for the purpose of selling pornography or performing nude dancing; or
5. Was enacted prior to the date of acquisition of the 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.
Family Member includes 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 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 property.
Land Use Regulation includes:
1. Any statute regulating the use of land or any interest therein;
2. Administrative rules and goals of the Land Conservation and Development Commission;
3. Local government comprehensive plans, zoning ordinances, land division ordinances and transportation ordinances; and
4. Statutes and administrative rules regulating farming and forest practices.
Owner means the present owner of the property, or any interest therein.
Valid Demand means a demand submitted by the owner of real property that is subject to a land use regulation adopted or enforced by the city that restricts the use of the private real property in a manner that reduces the fair market value of the real property.
(Ord. 1165, passed 12-1-2004)