Appraisal – An examination of and opinion about the fair market value of real property prepared by a person certified under ORS Chapter 674 or a person registered under ORS Chapter 308.

Claimant or Applicant – The property owner for which a claim is made pursuant to this chapter.

Community Development Director or Director – The person designated by the city manager as community development director or such other person or persons as authorized to act in that capacity.

Enforcement – A land use regulation is enforced only after a property owner makes an application for a land use and a final decision is made by the City under the Beaverton Development Code. A land use regulation will also be “enforced” if a citation is issued to the property owner for a violation of the Beaverton Development Code. The denial of a site development permit is not the enforcement of a land use regulation.

Exempt Regulation – A regulation restricting or prohibiting activities commonly and historically recognized as public nuisances under common law; a regulation restricting or prohibiting activities for the protection of public health and safety; a regulation to implement a requirement of federal law to the extent required; a regulation enacted prior to the date of acquisition of the property by the owner or a family member of the owner who owned the subject property prior to acquisition or inheritance by the owner, whichever occurred first; or a regulation that prohibits selling pornography or performing nude dancing.

Fair Market Value – The price stated in terms of dollars that a willing buyer would pay for the property without any obligation to buy from a willing seller without any obligation to sell. “Reduction in fair market value” means the difference in the fair market value of the property one year before and one year after enactment of the regulation.

Federal Requirement – Any 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 states or local governments or both an obligation to enact or enforce regulations over the use of real property.

Land Use Regulation – Shall include:

Measure 37 – The amendment to Oregon Revised Statute 197, as approved by the Oregon electorate on November 2, 2004.

Measure 49 – The amendment to Oregon Revised Statute 197, as approved by the Oregon electorate on November 6, 2007, which supersedes Measure 37.

Nuisance – Any act, omission, structure or condition on property, 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 property that is the site of the nuisance. Without limiting the foregoing, the City may consider whether a use of property is declared by the Beaverton Code or the Beaverton Development Code to be a nuisance.

Owner – Is the present or future owner of the property, or any interest therein.

Ownership Interest – A legally recognized interest in the proceeds of any sale of an interest in the property in question.

Public Entity – Shall include the state, a metropolitan service district, a city, or a county.

Real Property – All lots, parcels or tracts, or any combination thereof, that are owned by the claimant, including structures built or located on the property. “Real property” does not include public property, personal property or easements over, above or below real property. “Real property” does not include a franchise issued by the City to place or erect public or private utility facilities within or along public right-of-way.

Restricts the Use – A regulation that restricts the type of use of private real property, but does not include a regulation that affects either the extent of a use or a regulation that governs development or construction.

Single-Family Dwelling – A detached residential dwelling which is located on a single legally created parcel.

Transferability – A waiver or license issued by the City may be transferred to subsequent owners of property; provided, that the development of the property is consistent with the waiver or license issued by the City.

Use of Property – Any activity that a private property owner can undertake on their property without creating a nuisance, without violating federal law or any local ordinance designed to the minimum extent possible to implement requirements of federal law and without violating any City or county regulation in effect at the time the owner became owner of the property.

Waiver of Enforcement of a Regulation or License – A license issued by the City, pursuant to this chapter, suspending City enforcement of the requirements of a City regulation, which is determined to restrict the owner’s use of property, is not exempt from Oregon Revised Statutes, Chapter 197, and for which the City has elected not to pay compensation pursuant to Measure 49. Such a license will run with the property and may be transferable to subsequent owners of the property.

Zoned for Residential Use – Means that it has as its primary purpose single-family residential use. [BC 2.07.010, added by Ordinance No. 4472, 2/25/08; amended by Ordinance No. 4794, 12/1/20]