The Portland City Council votes unanimously in favor of one of several amendments to the ReCode zoning redraw during a regular meeting Monday. Ben McCanna/Staff Photographer

The Portland City Council voted unanimously to approve a new land use ordinance Monday night – the first major change to the city’s zoning rules since the 1970s.

Councilor Pious Ali made the motion to approve the code, seconded by Councilor Anna Bullett. At-large Councilor April Fournier was absent. The version before the council Monday night included nearly a dozen amendments based on recent feedback, Planning Director Kevin Kraft told the body.

Those changes include eliminating some usage standards for child care facilities in residential zones, allowing theaters into some transit-oriented development zones, and a handful of more specific zoning changes, including converting a handful of parcels on Peaks Island’s Central Avenue from an island-residential to island-business zone to encourage growth in that neighborhood. The council passed each amendment unanimously.

The new code “aims to balance change and growth” through incremental changes along historically low-density residential areas and larger changes to bustling downtown regions, Kraft said.

East End resident Wendy Cherubini urged the council to pass the new zoning ordinance, but she emphasized that future growth and circumstances may necessitate further changes down the line.

ReCode would “over time make Portland a better place for current and, most importantly, future generations to live in and work in,” Cherubini said.

“We must grow to counter growth outside the city,” she said.

Kate Lemos McHale, executive director of Greater Portland Landmarks, said the group has actively participated what she called the “thoughtful and robust process” to draft ReCode.

“It will promote vibrant, sustainable and walkable neighborhoods, and address urgent housing needs,” she said. “We strongly support these outcomes.”

But George Rheault, a resident of West Bayside, argued that the proposed zoning code fell short of modern-day needs and merely seeks to reestablish the status quo in the city. He said the lengthy drafting process failed to create rules that would meaningfully affect the region’s housing crisis.

“When this is passed, we’re going to have to basically start all over again,” Rheault said. “We are always going to take the smallest steps possible because that’s all we have the courage to do.”

Peaks Island resident Mary Lou Wendell said she supported most of the redrafted plan, but she took issue with a recently proposed amendment that would convert Central Avenue on Peaks Island to allow business use.

She said “ReCode is like a tsunami,” with lots of movement to follow, and argued that additional time is needed to consider that amendment.

“It makes no sense to handpick a few properties in the center of the island surrounded by woods to convert to business,” Wendell said. “If this is the best option for the island, it will still be the best option in a few months.”

Peaks Island council member Scott Mohler said starting a business has long been a challenge on the island and that the amendment presented an opportunity for economic growth.

“There’s limited possibilities on where you can start your businesses,” he said.

WHAT CHANGES?

While specifics of the new zoning rules vary by neighborhood, they include a citywide shift to allow multifamily homes in every residential zone.

In addition to eliminating single-family only zoning requirements, the updated code establishes transit-oriented development zones, moderate- to high-use areas centered around high-frequency transit infrastructure. These areas, which include nodes along Forest and Allen avenues, are intended to promote walkability and use of alternative transportation, including cycling.

The new code also raises the maximum heights of buildings downtown and on certain major corridors, including Forest Avenue and Congress Street. Along Congress Street in the Old Port, building heights are raised to more than 300 feet in some areas. Portland’s current tallest structure is an 18-story building on Federal Street that stands around 190 feet tall.

But it also includes height step-back requirements, designed to ease the visual transition from low to high rises. Kraft said those height requirements will help historic neighborhoods maintain their character and grow without abruptly introducing taller than traditional heights to local skylines.

ReCode also creates coastal flood resilience overlay zones, which require certain types of buildings, like housing, schools and hospitals, to be elevated above ground level.

ReCode Phase II represents the first major overhaul of Portland’s land use ordinance in about five decades.

Some residents have expressed fears that the new city plan could worsen downtown traffic, or that taller buildings could block out the sun over currently warm and bright neighborhoods.

YEARS IN THE MAKING

Monday’s meeting followed a number of listening and public comment sessions by the City Council and planning board throughout the summer. The city released an original slate of proposed changes in April.

“In total, ReCode involved over eight years of community engagement,” Kraft said, noting public comment periods in late September and late October.

ReCode represents years of planning – split into two phases – by city officials, who hope the new zoning rules will allow the city to grow at a sustainable pace and keep in line with the vision outlined in Portland’s Plan 2030.

The project’s first phase involved consolidating and streamlining the old and nearly 1,000-page land use ordinance into a clearer, slimmer, 394-page ordinance.

Phase I included some policy changes, including allowing up to two accessory dwelling units, or ADUs, on any property, Kraft, the planning director, told the council.

Phase II, which focuses on changes to the existing zoning rules, began in earnest in 2021. The planning board unanimously voted to send Phase II to the City Council last month.

High-rises and duplexes won’t appear overnight, but development could begin within the next few months. Considering the pace of growth and construction, the new code’s full impacts may not be felt for years or decades.

OTHER BUSINESS

Dion made a statement early into Monday evening’s meeting, saying that he had seen hostile comments online about the timing of the ReCode vote relative to the election. He noted that the process has lasted seven years with several opportunities for public comment. He added that as mayor, he, in part, sets the agendas of council meetings.

“There’s no cabal, there’s no conspiracy,” Dion said. “To suggest otherwise is untoward to all of (the councilors).”

The council also voted unanimously voted to approve a new amendment to the city’s agreement with the Maine Celtics over the team’s use of the Portland Exposition Building. The motion passed without discussion before the body began considering ReCode.