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MARION COUNTY ORDINANCE 1209 FINDINGS 10. 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 subdivision and the placement of dwellings are uses that are not recognized as a public nuisance. The subdivision process requires an application and review and could only be approved if the non-exempt regulations are satisfied. A subdivision 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 subdivision 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. Applicant Florence Zwicker first acquired an ownership interest in the subject property on September 28, 1959. At that time the property was not zoned and the proposed use was not regulated. However, Florence Zwicker transferred ownership to the Zwicker Family Partnership on November 19, 1980, breaking the chain of ownership title for Mrs. Zwicker. ORS 67.060 provides that property acquired by a partnership is property of the partnership and not of the partners individually. ORS 67.050 provides that a partnership is an entity distinct from its partners. In 1980 the property was zoned EFU, according to Ordinance #448. Under this EFU zone a subdivision was not a permitted use. As such, the challenged regulation was enacted prior to the applicant owning the property. Applicants Monty Zwicker and Terri Zwicker, as partners in the Zwicker Family Partnership, acquired an ownership interest in the subject property on November 19, 1980 when Florence Zwicker transferred her ownership to the Zwicker Family Partnership. At that time the property was zoned EFU, according to Ordinance #448. Under this EFU zone a subdivision was not a permitted use. As such, the challenged regulation was enacted prior to these applicants owning the property. For compensation purposes, family ownership dates back to February 27, 1941 (Volume 256; Page 50) when Emil and Matilda Zwicker acquired the property. While Florence Zwicker transferred ownership to the Zwicker Family Partnership creating the break noted above, she is a partner in this family partnership. In 1941 the property was not zoned and the proposed use was not regulated. 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.