For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY RECORDER. The City Recorder of the City of Sublimity, or designee.
CLAIM. Any claim filed under the provisions of this chapter.
CLAIMANT. The property owner making a claim under this chapter, or their designee, so long as written authorization is provided to the city by the property owner for the designee to represent the property owner in making a claim.
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, wetlands and floodplain regulations, grading and fill regulations, landslide hazard regulations, and street regulations, wireless communication facility siting, regulations, tree preservation chapters, sign code, setback and fencing regulations, and natural resource regulations to the extent these enumerated regulations and others which are similar, to the extent they are determined necessary for fire and safety reasons;
(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;
(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; or
(6) Imposes any development fee or systems development charge for construction, parks, sewer, or water. This exemption does not apply to any such fee that is imposed as a result of any transportation chapter.
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 chapters, land division chapters, and transportation chapters;
(4) Statutes and administrative rules regulating farming and forest practices as applicable to lands in the city; and
(5) Any intergovernmental agreement or urban growth boundary agreement that affects the use of land.
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 as determined by the city pursuant to the terms of this chapter.
(Ord. 601, passed 12-13-2004)