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Section 3.4 of Ordinance 1209 contains the definition of an exempt regulation. A subdivision is a use that is 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. The applicants acquired an interest in the property on February 6, 1992, when the property was already zoned EFU, according to Ordinance #448. Under the EFU zone in effect at that time a subdivision was not a permitted use. However, partitions were permitted subject to certain criteria. Subsequent amendments to the EFU zone changed regulations and they became more restrictive. As such, the zoning regulations applied to the subject property became more restrictive after the applicants became the owners. The regulation was enforced when the applicants were denied a subdivision 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 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. 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. The applicants submitted a letter from a real estate agent who stated the subject property has a current value o$700,000 to $750,000. The agent further states 5-acre buildable lots in this area would have a fair market value of $230,000 to $250,000. The applicants conclude that the property would be worth approximately $2,820,000 more if a subdivision were allowed. Based on this evidence it appears that the fair market value has been reduced by the subdivision denial. Marion County Ordinance 1209, Section 8.1(d) is satisfied. (e) The application for compensation was timely filed.