2004-1390-Ordinance No. 2004-022 Recorded 12/2/2004REVIEWED
CODE REVIEW COMMITTEE
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
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2004-1390
CLERKDS CJ BOWS
For Recording Stamp Only
1210212004 12:38:51 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Adding Chapter 14.10 to the Deschutes
County Code, Private Property Compensation Claims,
Implementing New Provisions of Oregon Revised * ORDINANCE NO. 2004-022
Statutes Chapter 197, Declaring an Emergency, and
Providing an Effective Date.
WHEREAS, at the state-wide general election held on November 2, 2004, the voters of the
State of Oregon approved Ballot Measure 37 (Measure 37), which added new provisions to Oregon
Revised Statutes Chapter 197; and
WHEREAS, Measure 37 becomes effective on December 2, 2004; and
WHEREAS, Measure 37 provides a right to compensation to certain private real property
owners under certain circumstances where Deschutes County (County) has enacted or enforced a
regulation, which, when imposed on such owner's real property, restricted the use of the property in a
way that resulted in a reduction of the fair market value of the property; and
WHEREAS, Measure 37 provides compensation only to current owners who have continuously
owned the property from a date prior to the enactment or first enforcement of the use restriction which
reduced the fair market value of the property; and
WHEREAS, the provisions of Measure 37 are applicable only when the County "...passes or
enforces a regulation that restricts the use of private real property..." Measure 37 does not define the
words "restricts the use." The Board interprets the words "restricts the use" to mean more than a
theoretical restriction, but rather, the actual imposition of a restriction on the use of private real
property by the County which resulted in the denial of an actual or proposed use. In order to establish
that the County imposed a restriction on an actual or proposed use, a claimant should be required to
demonstrate that the claimant made application to use the property for the restricted use and that the
County denied the claimant's application; and
WHEREAS, Measure 37 contains no provisions explaining how claims for compensation will
be processed, what information must be provided to the County so that the claim may be properly
evaluated, and what procedure should be provided for determination of compensation. As a
consequence, it is appropriate for the Board, by this ordinance, to set forth procedures and
requirements for the orderly processing of claims for compensation arising as a result of Measure 37;
and
Page 1 of 2 - ORDINANCE NO. 2004-022 (12-01-04)
WHEREAS, it is appropriate to establish a fee reasonably calculated to cover the actual cost of
administering claims for compensation; and
WHEREAS, Measure 37 allows the County to avoid paying compensation when a regulation
no longer "...continues to apply to the subject property more than 180 days after the present owner of
the property has made written demand for compensation..." Therefore, notwithstanding any other law,
rule, ordinance, resolution, goals, or other enforceable enactment, Measure 37 authorizes the County to
discontinue the application of a regulation to private real property which suffered a reduction in fair
market value as a result of the enactment or enforcement of a government regulation on the use of the
property; and
WHEREAS, Measure 37 provides that the County need not compensate a property owner for a
reduction in fair market value of the property if the regulation imposed by the County which reduces
the fair market value of the property no longer applies to the property one hundred and eighty (180)
days after the application for compensation is properly made; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. ADDING. The Deschutes County Code is amended by the addition of a new
chapter, Chapter 14.10, Private Property Compensation Claims, set forth in Exhibit "A," attached
hereto and by this reference incorporated herein.
Section 2. SEVERABILITY. If any portion of this ordinance is deemed invalid by a court
of competent jurisdiction, the invalid portion shall be severed from the ordinance and the rest shall
remain in full force and effect
Section 3 EMERGENCY. This Ordinance being necessary for the immediate preservation
of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes
effect on December 2nd 2004.
APPROVED this 1 st day of December, 2004 for the Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
Page 2 of 2 - ORDINANCE NO. 2004-022 (12-01-04)
DEWOLF, Commissioner
DENNIS R. LLTKE—,Coinmissioner
EXHIBIT "A"
Chapter 14.10. PRIVATE PROPERTY
COMPENSATION
CLAIMS
14.10.010. Purpose and Scope.
14.10.020. Definitions.
14.10.030. Claim.
14.10.040. Claim contents.
14.10.050. Extension.
14.10.060. Appraisal requirements.
14.10.070. Public Comment Process.
14.10.080. Claim eligibility criteria.
14.10.090. Claim Review Procedure.
14.10.100. Board decision.
14.10.110. Effect of decision to discontinue the
application of a regulation.
14.10.120. Effect of payment of compensation
claim or issuance of waiver.
14.10.130. Recording of decision.
14.10.140. Procedural objections.
14.10.010. Purpose and Scope.
A. The purpose of DCC 14.10 is to establish a
prompt, open, thorough and consistent process
that enables property owners an adequate and
fair opportunity to present their claims to the
County; preserves and protects limited public
funds; authorizes, where appropriate, the
modification, removal or waiver of County
regulations; and establishes a record of the
County's decision capable of judicial review.
B. The provisions of DCC 14.10 shall apply to any
claim for compensation by an owner of private
real property against the County, which claim is
made pursuant to an initiative measure
approved by the electors in the November 2004
general election and enacting new provisions of
ORS Chapter 197, and any law or regulation
adopted by the State which amends or modifies
such measure (collectively referred to herein as
"Measure 37").
14.10.020. Definitions.
A. As used in this chapter, words and phrases shall
have the same meaning as those contained in
Measure 37.
B. "Administrator" means the County
Administrator or the Administrator's designee.
C. "Appraisal" means an examination of and
opinion about the fair market value of real
property issued by a certified general appraiser,
licensed by the Oregon Appraiser Certification
and Licensing Board and for the type of
property under consideration. Appraisal shall
include an opinion of fair market value of real
property made by an appraiser in the office of
the Deschutes County Assessor.
D. "Claimant" means the property owner for which
a claim is made pursuant to this Chapter.
E. "Claim Eligible" means a finding by the County
that all of the criteria for compensation
payment, pursuant to the terms of this Chapter,
have been met.
F. "Community Development Department" or
"CDD" means the County office designated to
receive, evaluate and solicit and coordinate
public comments concerning Claims submitted
under Measure 37.
G. "Director" means the Director of the
Department of Community Development or the
Director's designee.
H. "Exempt Regulation" means a regulation that is
any of the following:
1. A historically and commonly recognized
public nuisance law;
2. A regulation which is required in order to
comply with federal law or the terms of a
federal grant;
3. A regulation which prohibits or restricts
activities for the protection of public health
and safety, including fire and life safety and
building codes, health and sanitation
regulations, solid or hazardous waste
regulations and pollution control
regulations;
4. A regulation enacted prior to the date of
acquisition of the property by the current
property Owner or a family member of the
current property Owner who owned the
subject property prior to the acquisition or
inheritance by the current Owner;
Chapter 14.10 1 (12/2004)
I.
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EXHIBIT "A"
5. A regulation prohibiting the use of property
for selling pornography or performing nude
dancing; or
6. Any regulation determined or declared by
judicial decision or legislative act to be
exempt.
"Fair Market Value" means the price stated in
terms of dollars that a willing buyer would pay
for the real property without any obligation to
buy from a willing seller without any obligation
to sell. "Reduction in fair market value" means
the difference in fair market value of the
property before and after application or
enforcement of the regulation.
"Federal Requirement" means a statute, code or
regulation adopted by the U.S. Congress or any
federal agency or state agency delegated to act
in the name of a federal agency, which imposes
upon the state or local governments or both an
obligation to enact or enforce regulations over
the use of real property, whether directly or by
the terms or conditions of the grant or the
receipt of federal funds.
K. "Nuisance" means a structure or condition on
property arising from any act or omission,
which unreasonably interferes with a right
common to members of the general public and
not necessarily related to the use and enjoyment
of land by any person other than the owner of
the property that is the situs of the nuisance.
L. "Person" means and includes individuals,
corporations, associations, firms, partnerships,
limited liability companies and joint stock
companies.
M. "Property Owner" or "Owner of Property"
means a person with recorded interest in
private, real property, including holders of less
than fee simple interests, leasehold owners, and
security interest holders.
N. "Real Property" means any lot, parcel or tract or
any combination thereof, that is owned by a
Claimant, including structures built or located
on the real property, and any recordable legal,
equitable, future or contingent interest in all or
any portion of the property. Real Property does
not include public property, personal property
or easements over, above or below public
property. Unless the context otherwise
indicates, property shall mean real property.
O. "Waiver" means a license issued by the County
which in accordance with its terms modifies,
removes, releases or does not apply certain non-
exempt County land use regulations from a
property determined to be claim eligible, and
which upon acceptance by a Claimant releases
the County from any further or future claim,
action or demand relating to the Claimant's real
property based upon Measure 37. Waiver
includes any conditions attached thereto by the
County.
(Ord. 2004-022§ 1, 2004)
14.10.030. Claim.
A. Any claim seeking compensation from the
County pursuant to Measure 37 shall be made
on a claim form complying with the
requirements of DCC 14.10.040 and
accompanied by the required fee. A claim shall
not be deemed filed until and unless the claim
form is fully and properly completed with the
inclusion of such information as is required by
the form and the completed form is actually
received at the offices of the Community
Development Department.
B. Notwithstanding subsection (A) of this section
and subsection (A) of section 14.10.040, the
Administrator may allow the acceptance and
processing of an incomplete claim upon the
preliminary determination that the particular
claim appears to be claim eligible even in the
absence of all of the required data.
C. For regulations enacted prior to December 2,
2004 a claim shall be filed no later than two
years after December 2, 2004 or the date the
County applies such regulation as an approval
criteria to an application for land division or
development by the property Owner. For
regulations enacted after December 2, 2004 a
claim shall be filed no later than two years after
the enactment of such regulation or the date the
owner applies for land division or development
approval and the County applies such regulation
to the owner's application.
Chapter 14.10 2 (12/2004)
EXHIBIT "A"
D. The Director is not authorized to settle any
claim. Any omission or failure to recite to a
Claimant all relevant applicable land use
regulations will not constitute a waiver or
admission by the County.
(Ord. 2004-022§ 1, 2004)
14.10.040. Claim contents.
A claim for compensation shall, at a minimum,
require the following information:
A. Fee. A nonrefundable fee of not less than
$500.00 to be paid in advance of acceptance for
filing. The fee will be used to cover the
County's costs of review and processing.
B. Property Owner. Identification of the name,
mailing address, street address, and phone
number of the person filing the claim for
compensation. If the person filing the claim is
not the fee title owner of the property, the
required information shall be provided with
regard to all owners of the property.
C. PMeM Description. A legal description of the
property by lot and tax lot number that is the
subject of the claim and the common, street
address for the property.
D. Proof of Ownership. A title report issued
within 30 days of the date of the claim and by a
property title insurance company authorized to
conduct such business with the State of Oregon.
Such report shall name all persons with legal,
equitable and security interests in the property
and the date and instrument showing the time
and manner in which such property interest or
interests were established. The report must
indicate that the subject property is in the
exclusive fee ownership of the Claimant. If the
property is not in the exclusive fee ownership of
the Claimant, then the Claimant shall certify
that the Claimant has the consent to proceed
with the claim on behalf of all other owners,
including co-owners and all security interests in
the property. The name and mailing address of
all owners other than the Claimant must be
provided. The title report must also specify any
restrictions on use of the property unrelated to
the challenged regulation including, but not
limited to, any restrictions established by
Covenants, Conditions and Restrictions
(CC&Rs), other private restrictions, and other
regulations, restrictions or contracts.
F. Ownership History. Where the claim concerns
application or enforcement of County
regulations in effect prior to Claimant's
acquisition of the property, Claimant shall
provide a title report, in the form of a title
history, including a statement of the date(s)
when the Claimant and the Claimant's earliest
family member first acquired ownership of the
property, the names of earliest and each
succeeding family member, the dates of each
acquisition and disposition of all intervening
owners of the property from the earliest family
member to that of the Claimant. The Claimant
shall also furnish evidence showing the family
relationship between and among all prior
owners to establish that no gaps when a family
member of the Claimant did not own the subject
property.
G. Identification of Regulation. A copy of each
and every County regulation that allegedly
restricts the use of the real property and has
allegedly caused a reduction in the fair market
value of the subject property, including a
statement by the Claimant of the date each
regulation was first passed, applied or first
enforced on the subject property.
H. Enforcement of Cogpiy Regulation. ation. A notice of
disposition or other public record showing
whether the Claimant has applied, using all
applicable procedures, for land division and/or
development of the property which is the
subject of the claim; for amendment or
elimination of the regulation in question, or, if
not allowed, a variance from its terms; whether
enforcement proceedings have occurred with
respect to the Claimant's use of the property;
whether the Claimant has pursued and
exhausted all local appeals available for the
development, amendment or enforcement of the
regulation(s) that is alleged to have caused a
reduction in the fair market value of the subject
property requiring compensation; and the
results or final disposition of all such
procedures. In the absence of any records of the
foregoing the Claimant shall demonstrate that
Chapter 14.10 3 (12/2004)
I.
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EXHIBIT "A"
submitting an application for land division
and/or development of the property subject to
the regulation(s) would be futile, because the
County would deny such application.
Amount of Claim. A statement of the amount of
the claim in dollars based on the alleged
reduction in the fair market value of the
property resulting from the enforcement of the
County's non-exempt land use regulation. A
copy of a written appraisal report 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 application or
enforcement of the County's non-exempt land
use regulation(s). Appraisals must meet the
uniform standards of Professional Appraisal
Practice (USPAP) and be performed by an
appraiser who meets the Competency Rule of
USPAP. The appraisal must be in a self-
contained format and must be "complete," not
"limited." The appraisal shall address the
specific limitations set forth in DCC 14.10.060.
Effect of County Waiver. A statement
explaining how the County's enforcement of the
regulation restricts the use of Claimant's
property. The Claimant must explain the effect
that County's waiver of enforcement or
application of the regulation(s) on the property
would have on the Owner's potential
development of the property, stating the greatest
degree of development that would be sought if
the identified regulation(s) was released from
the property. The Claimant shall also furnish a
statement of the greatest degree of development
that would be sought if the identified
regulation(s) was not released from the
property.
K. Binding Effect of Claim submittal. A statement
by all Owners of the property that all claims that
may be brought under DCC 14.10 which are
ripe at the time of filing the claim have been
brought or are irrevocably waived by the
Owner(s) or will be joined in a single legal
proceeding if the claim is denied by the County.
L. Signature. The claim form shall be signed by all
Owners of the property.
(Ord. 2004-022§ 1, 2004)
14.10.050. Extension.
If after filing a claim, the Claimant elects to apply to
the County for land division or development of the
subject property in order to establish that the result
of such application would be denial by the County
and thus demonstrate application or enforcement of
a non-exempt County land use regulation to the
subject property, then the County will leave the
Claimant's claim under this chapter open, so as to
allow the Claimant an opportunity to resume the
claim.
(Ord. 2004-022 § 1, 2004)
14.10.060. Appraisal requirements.
Any appraisal offered to support a claim for
compensation pursuant to the terms of this chapter
shall be subject to the following special
requirements:
A. The appraisal must expressly note all existing
infrastructure limitations and value the property
without an assumption that the infrastructure
will be improved at governmental expense or
through discretionary governmental action.
Infrastructure includes but is not limited to
water, sewer, vehicle access, law enforcement,
fire protection and other necessary public
services and utilities.
B. The appraisal's consideration of the reduction
in fair market value shall be limited to the
difference in the fair market value of the
property before and after the application of the
non-exempt County land use regulation(s). The
analysis shall distinguish the effect or damage
that may result to the property based upon laws
or regulations that are exempt regulations or are
not County regulations. The analysis shall not
include consideration of any other damage that
the regulation may have on any other property
owned by the Claimant.
C. The appraisal shall specifically identify the
effect on market value from application or
enforcement of County regulations, of exempt
regulations and of any non -county regulations,
such as State and federal regulations.
D. The appraisal must expressly consider the
market effect of Measure 37 on the availability
of other real property including the extent to
Chapter 14.10 4 (12/2004)
EXHIBIT "A"
which the supply of such other real property is
or will be increased due to the repeal, waiver or
non -enforcement of nonexempt County land use
resulting from Measure 37.
E. Each appraisal report must clearly state:
1. The assumptions related to the regulation(s)
restricting the use(s) of the property;
2. The dates of valuation;
3. The assumptions related to uses allowed on
the property if the regulation had not been
enacted, enforced, or applied;
4. Any statistical, economic, econometric, or
other calculations, models, or methods used
to determine reduction in value;
5. The comparable properties evaluated; and
6. The methodology used by the appraiser to
determine the reduction in fair market
value.
F. Nothing contained herein shall be construed as
prohibiting the County from considering an
appraisal prepared by an appraiser on staff of
the Deschutes County Assessor.
(Ord. 2004-022 § 1, 2004)
14.10.070. Public Comment Process
A. The Director shall send by regular first class
mail notice of the claim within 10 days of
submittal of a claim to the owners of property
within 250 feet of the subject property. For
purposes of identifying addressees, the County
shall use the property ownership records of the
County Assessor. Such notice shall include the
following information.
1. The nature of the claim and the nature of
the proposed use(s) that could be
authorized;
2. The eligibility criteria set forth in DCC
14.10.080.
3. The street address or easily understood
geographical reference to the subject
property;
4. The date and location by which written
comments must be received; and
5. That a copy of the claim, all documents and
evidence submitted by or on behalf of the
Claim and the applicable criteria are
available for inspection at no cost and will
be provided at reasonable cost.
B. Failure of the Director to give notice or the
failure of any person to receive notice as
provided in this section shall not invalidate any
action of the County under this chapter.
C. Any person may submit written comments on
the claim.
D. The Administrator shall consider written or
email comments received before the
Administrator reports to the Board and shall
forward such comments to the Board.
(Ord. 2004-022 § 1, 2004)
14.10.080. Claim eligibility criteria.
A claim for compensation shall be deemed claim
eligible only if all of the following criteria have
been met:
A. A claim has been fully completed and properly
filed pursuant to the terms of this chapter.
B. The Claimant is the property owner and the
subject property has been owned by the
Claimant or by a family member of the
Claimant continuously since before adoption or
the effective date of the county land use
regulation which the Claimant alleges to have
caused a reduction in the value of Claimant's
property. If the regulation was adopted in any
fashion other than an ordinance, the Claimant
must establish that he/she was the Owner or a
related family member Owner of the property in
question on the date that the regulation was first
eligible for administrative or judicial
enforcement in the County.
C. It must be determined that the County
regulation in question is not an exempt
regulation.
D. The cited regulation(s) is a qualifying land use
regulation entitling the property owner to
compensation or waiver of the regulation on use
of the property under Measure 37.
E. The provisions of Measure 37 and/or any law or
regulation adopted by the State which modifies
or implements such measure are in full lawful
effect.
(Ord. 2004-022 § 1, 2004)
Chapter 14.10 5 (12/2004)
EXHIBIT "A"
14.10.090. Claim Review Procedure.
A. The Administrator shall have the duty to
analyze claims for compensation and make a
recommendation to the Board on the disposition
of the claim. The Administrator may, in the
Administrator's discretion, retain the services of
an appraiser or any other qualified expert to
review or critique appraisals and other
information and documentation provided by the
Claimant and/or to appraise the property and the
claim for compensation for the purposes of
determining whether or not the cited regulation
has had the effect of reducing the fair market
value of the property and for other purposes
relevant to the claim. Nothing contained in this
chapter shall be construed as preventing the
County Assessor or its appraisal staff from
analyzing and furnishing an opinion as to
reduction in fair market value of property
resulting from enforcement of one or more
County land use regulations. The
Administrator's recommendation shall advise
whether or not the claim has been determined to
be claim eligible and may include a
recommendation concerning disposition of the
claim.
B. Upon the completion of the recommendation
the Administrator shall submit the same to the
Board, together with written public comments
received.
C. The Claimant or any person entitled to notice in
accordance with DCC 14.10.070 may request
the Board consider oral comments at the Board
meeting in which the Administrator's
recommendation is presented. A public hearing
shall not be required.
PIC
C.
D. The Board shall consider the matter at a regular
or special meeting for which notice is given as
required by law.
(Ord. 2004-022 § 1, 2004) D
14.10.100. Board decision.
A. The Board shall review the Administrator's
recommendation and any testimony, written
comments or other documents submitted in
support of or opposed to the claim and
determine whether or not the claim is, in fact,
claim eligible.
Prior to making a decision, members of the
Board shall not communicate directly or
indirectly with any party or the party's
representative in connection with any issue
involving the pending claim. Should such
communication — whether written or oral —
occur, the member shall publicly announce for
the record the substance of such
communication and permit any party the right
to rebut the substance of the ex parte
communication during the Board's meeting.
Upon a determination that the claim is claim
eligible, the Board shall do the following:
1. Pursuant to Measure 37, and
notwithstanding any other law, rule,
ordinance, resolution, goals, or other
enforceable enactment of the County, and
notwithstanding any other procedure for
release, exception, or otherwise in this
Code, the Board is authorized by written
order to modify, remove, release or not
apply any County land use regulation to the
property which is the subject of the claim
when the Board, in its discretion, elects to
do so rather than paying compensation to
the property.
2. Within 180 days of the proper filing of a
claim and upon determination that it is
claim eligible, the Board shall either declare
that:
a. Compensation is due to the Claimant in
an amount determined in the Board's
decision; or
b. The County will, as of a date specified
in the resolution, discontinue applying
the challenged regulation(s) to the
subject property.
Where more than one regulation is being
challenged, the Board may provide for a
combination of remedies listed in this section.
E. The Board's decision shall be based upon
consideration of whether the public interest
would be better served by compensating the
Claimant, depending upon available resources
for payment thereof or by discontinuing to
Chapter 14.10 6 (12/2004)
F
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EXHIBIT "A"
apply the challenged regulation(s) to the subject
property.
If the Board determines that the claim is not
claim eligible, it shall adopt an order, including
findings of fact and conclusions to explain the
basis for its determination.
Based upon the Board's determination of claim
eligibility, it shall take one of the following
actions:
1. Deny the demand based on, but not limited
to, any one or more of the following
findings:
a. The land use regulation does not
restrict the Claimant's use of the
property;
b. The fair market value of the property is
not reduced by the enactment,
enforcement or application of the
County's land use regulation;
c. The claim was not timely filed;
d. The Claimant failed to comply with the
requirements for making a demand as
set forth in this chapter;
e. The Claimant is not the present
property owner, or the property was not
owned by a family member if that is
required for compensation, or the
Claimant was not the property owner at
the time the land use regulation was
first enacted, enforced or applied;
f. The challenged land use regulation is
an exempt regulation;
g. The land use regulation in question is
not an enactment of the County;
h. The county has not taken final action to
enact, enforce or apply the land use
regulation to the property or that filing
an application for a use alleged by the
to be restricted by the County's land
use regulation in a manner which
reduces the value of such property
would not be futile;
i. The use proposed by the Claimant is
unfeasible, based upon exempt
regulations and/or infrastructure
limitations.
j. The owner is not entitled to
compensation under Measure 37 for a
reason other than those provided
herein.
2. Award compensation, either in the amount
requested, or in some other amount
supported by substantial evidence in the
record, subject to the availability and
appropriation of funds for that purpose.
Payment may be made jointly to owners of
the property or, as appropriate, to the
Circuit Court for determination of proper
distribution of such proceeds.
3. Issue a waiver of the County land use
regulation in favor of the Owner. Provided
however, that nothing contained herein
shall be construed as allowing a use of the
subject property which was prohibited or
restricted by any land use regulation in
effect at the time the Claimant acquired the
property.
4. Take such other actions as the Board deems
appropriate consistent with Measure 37 and
this Chapter.
(Ord. 2004-022 § 1, 2004)
14.10.110. Effect of a decision to discontinue
the application of a regulation.
A. No compensation shall be due pursuant to the
provisions of Measure 37 if a decision is made
to modify, remove or not apply a county
regulation(s) to a Claimant's property within
180 days of the filing of a completed claim for
compensation. A decision to modify, remove or
not apply one or more county regulations to a
given property is not equivalent to approval of a
use or development of that property, which may
require separate land use or development
approval.
B. Any improvement or development that the
County allows based in whole or in part on the
Board's decision that the claim is claim eligible
under this chapter, shall be treated as
nonconforming pursuant to DCC 18.120 as to
those regulations for which the property is
claim eligible unless otherwise specifically
provided by the terms of a waiver issued by the
County. Provided however, that nothing
contained herein shall be construed as allowing
a use of the subject property which was
prohibited or restricted by any land use
Chapter 14.10 7 (12/2004)
EXHIBIT "A"
regulation in effect at the time the Claimant
acquired the property or any regulation which is
not among those regulations included in the
waiver.
(Ord. 2004-022 § 1, 2004)
14.10.120. Effect of payment of a
compensation claim or issuance of
waiver.
The Claimant's acceptance of County's payment of
compensation or waiver shall forever satisfy the
claim of the Owner, and subsequent Owners for the
partial taking caused by the regulation(s) in question
and/or its present or future enforcement.
(Ord. 2004-022 § 1, 2004)
14.10.130. Recording of decision.
The payment of a compensation claim or the
issuance of a waiver and the satisfaction of all
present and subsequent claims shall be recorded as a
covenant running with the land. Any compensation
claimant, as a condition of compensation payment
or waiver, shall be required to execute such
documents as may be necessary to execute and
record this covenant.
(Ord. 2004-022 § 1, 2004)
14.10.140. Procedural objections.
Any party who objects to the procedure followed in
any particular matter, including bias, conflict of
interest, and undisclosed ex parte contacts, must
make a procedural objection prior to the County's
final decision. Procedural objections may be raised
at any time prior to a final decision, after which they
are deemed waived. In making a procedural
objection, the objecting party must identify the
procedural requirement that was not properly
followed and identify how the alleged procedural
error harmed that person's substantial rights.
(Ord. 2004-022 § 1, 2004)
Chapter 14.10 8 (12/2004)