3.20.040 Demand requirements | McMinnville Municipal Code

3.20.040 Demand requirements.

1. A demand shall only be submitted and accepted for review upon forms established by the planning director. A demand shall consist of all materials required by this section. A demand will not be accepted until found to be complete by the planning director after all materials required by this section have been submitted.

2. The planning director shall conduct a completeness review within 15 days after submittal of the demand and shall advise the owner, in writing, of any material remaining to be submitted. The owner shall submit the material needed for completeness within 30 days of the written notice that additional material remains to be submitted. If the owner fails to provide the materials necessary to make the demand complete within the 30 day period, the demand shall not be accepted for filing.

3. The 180-day period required to pass prior to any cause of action being available to owner in circuit court specified in Ballot Measure 37, shall only commence on the date the planning director deems the demand complete and accepts it for filing. The planning director shall note the date of completeness and filing, in writing, upon the demand.

4. The owner may request one extension of time, not to exceed 60 days, for filing a complete demand. A request for an extension or continuance shall be deemed a waiver of the commencement of the 180-day period required to pass prior to any cause of action being available to the owner in circuit court as specified in Ballot Measure 37 and this Article.

B. Information and Other Matters Required to be Submitted as Part of the Demand. A demand shall be for a single property and shall be submitted on forms established by the planning director, and shall consist of all materials required by this section. A demand will not be accepted for filing without all of the following information:

1. Fee. An application fee to be paid in advance of acceptance for filing to cover the costs of completeness review and demand processing. This fee shall be established by council resolution.

2. Form. A completed demand form, including a summary of the history of the owner and/or family member’s ownership of the property, how the enactment, enforcement, or application of relevant regulation(s) restricts the use of the property or any interest in the property, and how the regulation(s) have the effect of reducing the fair market value of the property or any interest therein.

3. Identification of Owner. Identification of the name, physical address, street address, and phone number of the owner. If the applicant is not the owner, this information must be provided for the owner and, in addition, authorization to act on behalf of the owner must be provided.

4. Property Description. A legal description of the property as well as a common address for the property.

5. Listing of Nearby Owned Property. Identification of any other property owned by the owner within 300 feet of the boundary of the property.

6. Title Report. A title report, including the title history, a statement of the date the owner acquired ownership of the property, and the ownership interests of all owners. The title report must also specify any restrictions on use of the property unrelated to the land use regulation including, but not limited to, any restrictions established by Covenants, Conditions, and Restrictions (CC&Rs), other private restrictions, or other regulations, restrictions, or contracts.

a. Reference to or description of the land use regulation that the owner claims restricts the use of the property or interest therein and that has had the effect of reducing the fair market value of the property, and

b. The date the owner claims the land use regulation was first enacted, enforced, or applied to the property.

a. Reference to or description of the land use regulation in existence, and applicable to the property, when the owner became the owner of the property, and

b. A copy of the land use regulation in existence immediately before the land use regulation identified in subsection (B)(7) of this section.

9. Appraisals. A copy of a written appraisal or appraisals by an appraiser qualified as such in the state of Oregon, indicating the amount of the alleged reduction in the fair market value of the property by showing the difference in the fair market value of the property before and after enactment, enforcement, or application of the land use regulation described in subsection (B)(7) of this section, and explaining the rationale and factors leading to that conclusion. If the demand is for more than $25,000, copies of two appraisals by different appraisers must be included. If the demand is for $25,000 or less, one appraisal must be provided.

10. Statement Regarding Exceptions. A statement by the owner of why the following exceptions to the application of Ballot Measure 37 do not apply:

a. Commonly and historically recognized public nuisances under common law;

b. Protection of public health and safety;

c. Regulations required to comply with federal law;

d. Use of property for the purpose of selling pornography or performing nude dancing; or

e. The subject land use regulation was enacted prior to the date of the acquisition of the property by the owner, or prior to acquisition by a family member of the owner who owned the subject property prior to the acquisition or inheritance by the owner. If “family member” status is claimed it must also be addressed in the title report required by subsection (B)(6) of this section.

11. Copies of Prior Permit Applications and Description of Enforcement and/or Application Actions by the City. Copies of any land use actions, development applications or other relevant applications for permits. Any such actions that represent the required “enforcement” and/or “application” of the land use regulation that are prerequisites to making a demand must be described and identified as such.

12. Site plan and Drawings. A copy of the site plan and drawings related to the expected use of the property should the land use regulation be modified, removed, or not applied in a readable/legible format drawn to scale.

13. Statement of Relief Sought. A statement of the relief sought by the owner. (Ord. 4818 §1, 2004).