For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY RECORDER. The City Recorder of the city, or his or her designee.
CLAIM. A claim filed under Ballot Measure 37, passed November 2, 2004.
EXEMPT LAND USE REGULATION. 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 one 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 forest practices.
OWNER. The present owner of the property, or any interest therein.
VALID CLAIM. A claim 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. A claim must be submitted within two years of the effective date of Ballot Measure 37, passed November 2, 2004, or within two years of the effective date of any land use regulation.
(Ord. 269, passed 11-22-2004)