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MARION COUNTY ORDINANCE 1209 FINDINGS 11. Marion County Ordinance No. 1209, Section 8.1 contains the following criteria for reviewing a Measure 37 compensation claim. These include: (a) The challenged regulation is not an exempt regulation as defined in this ordinance . Section 3.4 of Ordinance 1209 contains the definition of an exempt regulation. A dwelling is a use that is not recognized as a public nuisance. The establishment of a dwelling requires an application and review and could only be approved if the non-exempt regulations are satisfied. A dwelling is not regulated by federal law, is not a system development charge, and not a regulation related to the pornography or nude dancing industries. A dwelling is not an exempt regulation. Marion County Ordinance 1209, Section 8.1(a) is satisfied. (b) The challenged regulation was enacted or enforced after the applicant or a family member, as defined in Ballot Measure 37, became the owner. The applicants acquired the property on September 4, 1975. At that time the property was zoned RA (Residential Agricultural) according to Ordinance #176. Under the RA zone in effect at that time a dwelling was a permitted use. In 1979 the zone was changed to EFU, which is the current and more restrictive zone. As such, zoning of the subject property changed from RA to EFU after the applicants became the owners. The regulation was enforced when the applicants were denied a dwelling request by the zoning verification letter. Marion County Ordinance 1209, Section 8.1(b) is satisfied. (c) The challenged regulation restricts the use of the owner’s real property or any interest therein, and no other regulation authorizes an exemption, variance, waiver or other release from the regulation. The applicants proposed use is restricted by the Marion County Rural Zoning Ordinance. Under the property’s current EFU zoning there are no other processes available that would permit the use. Marion County Ordinance 1209, Section 8.1(c) is satisfied. (d) The restriction on the use has the effect of reducing the fair market value of the subject property. According to Section 3.13 of Ordinance 1209, a reduction in fair market value means the difference in fair market value of real property, as it exists at the time a claim is made under Measure 37, with and without application or enforcement of a land use regulation. No information was provided to justify the claim of a reduction in fair market value. Therefore, staff is unable to find that the applicant meets this criterion. If the Board of Commissioners chooses to approve the claim applicants should provide evidence such as comparables, a letter from a licensed real estate agent or broker, or an appraisal on the exact amount of diminution in value attributed to Marion County land use regulations.