For purposes of this chapter, the following definitions shall apply:
APPRAISAL: A written statement prepared by an appraiser licensed by the appraiser certification and licensure board of the state of Oregon pursuant to Oregon Revised Statutes chapter 674. In the case of commercial or industrial property, the term "appraisal" additionally means a written statement prepared by an appraiser holding a Member Appraisal Institute (MAI) qualification, as demonstrated by written certificate.
DEMAND: The "written demand for compensation" required to be made by an "owner" of "real property" under ballot measure 37. Demands shall not be considered "made" under ballot measure 37 until the city accepts the demand after the requirements for making a demand under this chapter are fulfilled by the owner of real property.
EXEMPT LAND USE REGULATION:
A. A regulation restricting or prohibiting activities commonly and historically recognized as public nuisances under common law, including section 4-1-1 of this code (definition of "nuisance"), as amended from time to time, and the criminal laws of Oregon and the city of Nyssa;
B. 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;
C. A regulation required to comply with federal law;
D. A regulation restricting or prohibiting the use of a property for the purpose of selling pornography or performing nude dancing; or
E. 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.
FAMILY MEMBER: 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: Any comprehensive plan, zoning ordinance, land division ordinance, or transportation ordinance of the city of Nyssa.
OWNER: The present owner of real property that is the subject of the demand 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: Any private real property or interest therein. It includes only a single parcel or contiguous parcels in single ownership. It does not include contiguous parcels or parcels not contiguous that are under different ownerships.
REDUCTION IN VALUE: The difference in the fair market value of the property before and after enactment, enforcement or application of a land use regulation. (Ord. 606-04, 11-11-2004, eff. 12-2-2004)