For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCEPTED FOR FILING. The City Recorder determines that a claimant has submitted all of the documents and information required of a claimant under this subchapter, except any which the city has decided to waive or defer in accordance with this subchapter.
CITY RECORDER. The City Recorder of the City of Joseph, or his or her designee.
CLAIM. A claim filed under Ballot Measure 37.
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, pollution control regulations; heavy industrial uses, and any other use with a deleterious effect on public health or safety, which may include without limitation intended, deleterious effects arising out of crime, traffic, noise, odor or vibration generated by a use;
(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 real property by the owner or a family member of the owner who owned the real 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 real 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 real 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. The present owner of the property, or any interest therein.
REAL PROPERTY. Real property located within the municipal limits of the city, which is the subject of a claim.
VALID CLAIM. A claim submitted by an owner of real property that is subject to a land use regulation adopted or enforced by the city which:
(1) Is not an exempt land use regulation; and
(2) That restricts the use of the private real property in a manner that reduces the fair market value of the real property.
(Ord. 2004-09, passed 12-14-2004)