3.20.020 Definitions.
For the purpose of this article the following definitions shall apply:
A. Appraisal means a written statement prepared by an appraiser licensed by the Appraiser Certification and Licensure Board of the state of Oregon pursuant to ORS 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 writer certificate.
B. Demand means 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 article area fulfilled by the owner.
C. Enforce means, for the purposes of this ordinance only, any one or more of the following events:
1. The city denies a land use application seeking permission to use an owner’s property in a specific way because a city land use regulation does not allow the specific use;
2. The planning director issues a written statement determining that the use of an owner’s property is a specific way is not allowed by a city land use regulation; or
3. An owner has been cited into municipal court by the city code enforcement officer for violating a city land use regulation.
D. Exempt land use regulation means:
1. A regulation restricting or prohibiting activities commonly historically recognized as public nuisances under common law, including MMC Title 8, as amended from time to time, and the criminal laws of Oregon and the city of McMinnville;
2. A regulation restricting or prohibiting activities for the protection of pubic health and safety, such as fire and building codes, health and sanitation regulations, solid or hazardous waste regulations, and pollution control regulations;
3. A regulation required to comply with federal law;
4. A regulation restricting or prohibiting the use of a property for the purpose of selling pornography or performing nude dancing; or
5. 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 the acquisition or inheritance by the owner, whichever occurred first.
E. Family member means 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, 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.
F. Land use regulation means any comprehensive plan, zoning ordinance, land division ordinance, or transportation ordinance of the city of McMinnville.
G. Owner means 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.
H. Property means 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
I. Reduction in value means the difference in the fair market value of the property before and after enactment, enforcement, or application of a land use regulation. (Ord. 4818 §1, 2004).