LD 1643
pg. 2
Page 1 of 2 An Act to Provide Criteria for the Municipal Use of Rate of Growth Ordinances ... LD 1643 Title Page
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LR 779
Item 1

 
(5)__Considers the impact of the growth rate ordinance on
housing affordability; and

 
(6)__Considers the impact of the growth rate ordinance
on neighboring communities;

 
C.__A requirement that the number of permits issued annually
under the growth rate ordinance must be no less than the
average annual number of permits issued by the municipality
for the 10 years prior to adoption of the growth rate
ordinance; and

 
D.__A requirement in the growth rate ordinance that the
municipality review and update the justification in the
comprehensive plan described in paragraph B every 5 years to
provide an analysis as to whether the growth rate ordinance
is still necessary and how the growth rate ordinance may or
may not be adjusted to meet current conditions.

 
3. Growth rate ordinances that apply outside designated
growth areas.__Notwithstanding the provisions of subsection 2, a
municipality with a comprehensive plan adopted under the planning
and land use regulation laws under this chapter may adopt an
ongoing growth rate ordinance that applies only to designated
rural areas if:

 
A.__The growth rate ordinance is recommended in the plan as
a mechanism for guiding growth; and

 
B.__The comprehensive plan lays out meaningful policies and
strategies for accommodating most of the community's future
growth in designated growth areas.

 
SUMMARY

 
This bill outlines the parameters within which a municipality
may adopt a growth rate ordinance. Temporary growth rate
ordinances may be enacted only to slow development while a
community works toward solving the problems necessitating the
growth rate ordinance. A permanent growth rate ordinance may be
enacted only as part of an integrated growth management strategy
and also may be used in designated rural areas as a mechanism to
guide growth within a community. The bill also clarifies that a
municipality with comprehensive plan may implement a growth rate
ordinance in its rural area only.


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