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9. Friends of Marion County noted that they defer comment until review of the recommendation. 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 dwelling is a use not recognized as a public nuisance. The dwelling placement process 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. Marcus Berlin acquired the property by court order on April 4, 1983, when the property was already zoned EFU. However, the 1983 version of the EFU zone was less restrictive than the current EFU zone and a dwelling may have been allowed subject to certain criteria. As such, the challenged regulation was changed to a more restrictive EFU zone after the applicant became the owner. The regulations were enforced when the applicant was denied a dwelling request by the zoning verification letter. For compensation purposes family ownership dates back to July 20, 1966 when Porter Wyatt Magness (grandfather of Marcus Berlin) acquired the property from Marion County (Volume 619; Page 824). At that time the property was not zoned and the proposed use was permitted. 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 applicant’s proposed use is restricted through 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.