Planning Board — Portland, ME
Date: 2026-01-27
Time: 16:30

PLANNING BOARD MEMBERS
 Joseph Zamboni, Chair
 Kelsey Robertson, Vice Chair
Tuesday, January 27, 2026 at 4:30 PM Michael Joseph Fox
Room 24 (Basement Level of Cty Hall) Brandon Mazer
 Nicholas Messina
and Zoom David Silk
 Austin Smith




The Planning Board will conduct this meeting in a hybrid format via Zoom pursuant to the Remote Meeting
Policy adopted by the Planning Board. Allow your computer to install the free Zoom app to get the best
meeting experience. If you are not able to attend live either in person or via Zoom, a recording will be available
in the Agenda Center following the meeting. For more information on how to use zoom, please go
here: https://content.civicplus.com/api/assets/18148b5d-f26e-472f-8d2c-245db97e5c27. For public comment
via Zoom, you will need to use the “raise your hand” feature. To raise your hand via the telephone, please hit
*9. You will be un-muted by the host when it is time for public comment. Please note that the placement of
items on this agenda are subject to change – please check the agenda center prior to the meeting for the item
start time.

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Join from PC, Mac, iPad, or Android:
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International numbers available: https://portlandmaine-gov.zoom.us/u/kcGZ5WF7ix

PUBLIC COMMENT INFORMATION:


 1
To submit written public comment on an agenda item, email planningboard@portlandmaine.gov. Submissions
must be received by 12:00 pm the day before the Planning Board meeting to guarantee their inclusion in the
agenda packet. All submissions must include the commenter's name and legal address. To help ensure your
comment is submitted for the correct item, please include the name of the agenda item (see below).


AGENDA:

WORKSHOP - 4:30 PM
i. Text Amendment to Article 7 of the Land Use Code; Peaks Island Council, Applicant. The Planning
 Board will hold a hybrid workshop to consider a proposed amendment to Article 7 of the Land Use
 Ordinance. This amendment would restrict lot coverage allowances for small island lots and would
 reduce the minimum lot area threshold for the creation of new small island lots within the IR-2
 zone. A project and plan summary is available for viewing on the city’s CSS Portal
 (https://css.portlandmaine.gov/) by referencing Plan Number ZN-003492-2025.
PUBLIC HEARING - 5:30 PM
1. ROLL CALL AND DECLARATION OF QUORUM
2. COMMUNICATION AND REPORTS
3. REPORT OF ATTENDANCE AT THE MEETING HELD ON JANUARY 13, 2026
 Public Hearing
 138 Auburn Street: Fox, Mazer, Messina, Robertson, Smith, Silk, and Zamboni present.


4. REPORTS OF DECISIONS AT THE MEETING HELD ON JANUARY 13, 2026
 i. Subdivision; 138 Auburn Street; DBA First Lutheran Church, Applicant. Robertson motioned
 and Mazer seconded a motion to approve the Subdivision application. Vote 7-0. Robertson
 motioned and Mazer seconded a motion to adopt the staff report and draft approval letter as the
 Planning Board’s decision, and to authorize the Board Chair to sign the approval letter as
 drafted. Vote 7-0.
5. NEW BUSINESS
 i. Remand of HPBR-002814-2024; 42 Atlantic Street; LB Atlantic, LLC, Applicant. The
 Planning Board will hold a hybrid public hearing to remand a Certificate of Appropriateness
 (HPBR-002814-2024), for the development of a 30-unit housing project at 42 Atlantic Street
 within the Munjoy Hill Historic District, approved by the Historic Preservation Board on May
 28, 2024, back to the Historic Preservation Board to make and adopt findings of fact pursuant
 to orders from the Maine Superior Court. A project and plan summary is available for viewing
 on the city’s CSS Portal (https://css.portlandmaine.gov/) by referencing Plan Number HPBR-
 002814-2024. No public comment will be taken for this item.
 ii. Map and Text Amendments to the Land Use Code; City of Portland, Applicant. The Planning
 Board will hold a hybrid public hearing to consider and make a recommendation to the City
 Council on a series of proposed map and text amendments to the City’s Land Use Code. The
 amendments include changes to eight articles based on experience implementing ReCode,
 adopted in November, 2024. The proposed amendments address technical corrections, clarify
 interpretation, and resolve issues identified since the adoption of the City’s updated Land Use

 2
Code. Materials associated with these amendments will be posted to the City of Portland
Agenda Center on Wednesday, January 21, 2026.




 3

PLANNING BOARD MEMBERS
 Joseph Zamboni, Chair
 Kelsey Robertson, Vice Chair
Tuesday, January 27, 2026 at 4:30 PM Michael Joseph Fox
Room 24 (Basement Level of Cty Hall) Brandon Mazer
 Nicholas Messina
and Zoom David Silk
 Austin Smith




The Planning Board will conduct this meeting in a hybrid format via Zoom pursuant to the Remote Meeting
Policy adopted by the Planning Board. Allow your computer to install the free Zoom app to get the best
meeting experience. If you are not able to attend live either in person or via Zoom, a recording will be available
in the Agenda Center following the meeting. For more information on how to use zoom, please go
here: https://content.civicplus.com/api/assets/18148b5d-f26e-472f-8d2c-245db97e5c27. For public comment
via Zoom, you will need to use the “raise your hand” feature. To raise your hand via the telephone, please hit
*9. You will be un-muted by the host when it is time for public comment. Please note that the placement of
items on this agenda are subject to change – please check the agenda center prior to the meeting for the item
start time.

Please click the link below to join the webinar:
Join from PC, Mac, iPad, or Android:
https://portlandmaine-gov.zoom.us/j/82362840578

Phone one-tap:
+16469313860,,82362840578# US
+19292056099,,82362840578# US (New York)

Join via audio:
+1 646 931 3860 US
+1 929 205 6099 US (New York)
+1 301 715 8592 US (Washington DC)
+1 305 224 1968 US
+1 309 205 3325 US
+1 312 626 6799 US (Chicago)
+1 386 347 5053 US
+1 507 473 4847 US
+1 564 217 2000 US
+1 669 444 9171 US
+1 669 900 6833 US (San Jose)
+1 689 278 1000 US
+1 719 359 4580 US
+1 253 205 0468 US
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)
+1 360 209 5623 US
Webinar ID: 823 6284 0578
International numbers available: https://portlandmaine-gov.zoom.us/u/kcGZ5WF7ix

PUBLIC COMMENT INFORMATION:


 1

 Page 1
To submit written public comment on an agenda item, email planningboard@portlandmaine.gov. Submissions
must be received by 12:00 pm the day before the Planning Board meeting to guarantee their inclusion in the
agenda packet. All submissions must include the commenter's name and legal address. To help ensure your
comment is submitted for the correct item, please include the name of the agenda item (see below).


AGENDA:

WORKSHOP - 4:30 PM
i. Text Amendment to Article 7 of the Land Use Code; Peaks Island Council, Applicant. The Planning
 Board will hold a hybrid workshop to consider a proposed amendment to Article 7 of the Land Use
 Ordinance. This amendment would restrict lot coverage allowances for small island lots and would
 reduce the minimum lot area threshold for the creation of new small island lots within the IR-2
 zone. A project and plan summary is available for viewing on the city’s CSS Portal
 (https://css.portlandmaine.gov/) by referencing Plan Number ZN-003492-2025.
PUBLIC HEARING - 5:30 PM
1. ROLL CALL AND DECLARATION OF QUORUM
2. COMMUNICATION AND REPORTS
3. REPORT OF ATTENDANCE AT THE MEETING HELD ON JANUARY 13, 2026
 Public Hearing
 138 Auburn Street: Fox, Mazer, Messina, Robertson, Smith, Silk, and Zamboni present.


4. REPORTS OF DECISIONS AT THE MEETING HELD ON JANUARY 13, 2026
 i. Subdivision; 138 Auburn Street; DBA First Lutheran Church, Applicant. Robertson motioned
 and Mazer seconded a motion to approve the Subdivision application. Vote 7-0. Robertson
 motioned and Mazer seconded a motion to adopt the staff report and draft approval letter as the
 Planning Board’s decision, and to authorize the Board Chair to sign the approval letter as
 drafted. Vote 7-0.
5. NEW BUSINESS
 i. Remand of HPBR-002814-2024; 42 Atlantic Street; LB Atlantic, LLC, Applicant. The
 Planning Board will hold a hybrid public hearing to remand a Certificate of Appropriateness
 (HPBR-002814-2024), for the development of a 30-unit housing project at 42 Atlantic Street
 within the Munjoy Hill Historic District, approved by the Historic Preservation Board on May
 28, 2024, back to the Historic Preservation Board to make and adopt findings of fact pursuant
 to orders from the Maine Superior Court. A project and plan summary is available for viewing
 on the city’s CSS Portal (https://css.portlandmaine.gov/) by referencing Plan Number HPBR-
 002814-2024. No public comment will be taken for this item.
 ii. Map and Text Amendments to the Land Use Code; City of Portland, Applicant. The Planning
 Board will hold a hybrid public hearing to consider and make a recommendation to the City
 Council on a series of proposed map and text amendments to the City’s Land Use Code. The
 amendments include changes to eight articles based on experience implementing ReCode,
 adopted in November, 2024. The proposed amendments address technical corrections, clarify
 interpretation, and resolve issues identified since the adoption of the City’s updated Land Use

 2

 Page 2
Code. Materials associated with these amendments will be posted to the City of Portland
Agenda Center on Wednesday, January 21, 2026.




 3

 Page 3
Planning Board Memorandum
Planning & Urban Development Department




To: Chair Zamboni & Members of the Planning Board
From: Taylor Colbeth
Date: January 22, 2026
Re: Peaks Island Council Zoning Text Amendments
Project ID: ZN-003492-2025
Meeting Date: January 27, 2026

  I. INTRODUCION
  The Peaks Island Council (PIC) has submitted a Zoning Text Amendment application requesting
  amendments to the IR-2 Island Residential dimensional requirements, contained within Article 7 of
  the Land Use Code. As submitted by the applicant, the proposed amendments are intended to
  provide greater flexibility for lot divisions on Peaks Island to support additional residential
  development opportunities, while concurrently reducing allowable lot coverage in order to minimize
  development intensity on a lot-by-lot basis.

  This application is being referred to the Planning Board for consistency with the City’s
  Comprehensive Plan, which will result in a recommendation to adopt, adopt with modifications, or
  not adopt the proposed amendment to City Council.

  A legal advertisement ran in the January 15, 2026, and January 20, 2026, editions of the Portland
  Press Herald.

  Applicant: Peaks Island Council




 Figure 1. Peaks Island IR-2 Zone Boundary (outlined in red)




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Planning Board Public Hearing | January 27, 2026 Article 7 Text Amendments | ZN-3492-2025



 II. BACKGROUND
 Island-Residential Zone - 2
 Generally, the purpose of the IR-2 zone is “to provide for a residential neighborhood
 environment on Portland’s islands in areas with adequate public services. Expansion or
 extension of IR-2 zoning is intended to be limited, generally focused on areas adjacent to
 existing IR-2 zones, and constrained by factors such as adequacy of access; availability of
 water for private use and fire protection; suitability of soils for subsurface wastewater
 disposal; and the presence of public sewer infrastructure. Select nonresidential uses may also
 be permitted within the IR-2 zone.”

 To reflect the islands’ rural character, limited utility infrastructure, and environmental
 sensitivities, the dimensional standards historically embodied these constraints. Specifically,
 development was limited to a maximum lot coverage of 20 percent on a minimum lot size of
 20,000 square feet. While uses were generally limited to single-family dwellings, and
 Planned Residential Unit Developments.

 LD 2003
 In 2023 the City’s zoning framework was reshaped by changes to state law. Prior to the
 adoption of ReCode in November 2024, LD 2003, An Act to Implement the
 Recommendations of the Commission to Increase Housing Opportunities in Maine by
 Studying Zoning and Land Use Restrictions, was signed into law in April 2022 and adopted
 locally in late 2023 (Order 85-23/24). The intent of LD 2003 was to remove regulatory
 barriers to housing creation in Maine, and the bill required that communities permit a
 minimum of two units per lot within areas zoned for residential use, outside of designated
 growth areas, with further allowances for accessory dwelling units (ADUs). For Portland, the
 Comprehensive Plan loosely defines growth areas as the mainland, with none of the islands
 identified as growth areas.

 As part of the city’s implementation process for LD 2003, the City Council made
 amendments during the review process an increased the lot coverage across the city’s
 residential zones, including island residential zones, to allow 60 percent maximum lot
 coverage (Order 85-23/24). This amendment resulted in the maximum lot coverage in the
 IR-2 zone increasing from 20 percent to 60 percent.

 ReCode
 In November 2024, the City Council adopted ReCode following a multi-year effort to align
 Portland’s land use regulations with the goals and policies of Portland’s Plan 2030, including
 targeted zoning amendments applicable to the City’s island zones.

 Guided by public input, adopted land use policy, and recent legislative changes, the City
 advanced limited expansions of the Island Business (I-B) and Island Residential (IR-2) zones.
 Amendments to the IR-2 zone also established a new small island lot provision intended to
 modestly expand housing opportunities—particularly in areas served by public water and
 sewer infrastructure—in response to concerns regarding the availability of year-round
 housing on Peaks Island.

 A key objective of the island zoning amendments was to address long-standing zoning
 nonconformities within the IR-2 zone, where many existing lots do not meet current




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Planning Board Public Hearing | January 27, 2026 Article 7 Text Amendments | ZN-3492-2025



 dimensional standards, including minimum lot size, frontage, setbacks, and lot coverage.
 The small island lot provision (Section 7.6.4.A) applies to IR-2 lots smaller than 20,000
 square feet and establishes reduced dimensional standards, as set forth in Table 7-B of the
 Land Use Code. The regulations also allow certain larger parcels, greater than 20,000 square
 feet, to subdivide to create a small island lot, provided the remaining larger, primary parcel
 retains a minimum lot size of 20,000 square feet.

 In addition, the current Land Use Code permits up to two residential units by right on any
 developable island residential lot, with up to two additional ADUs per lot. Collectively, these
 amendments represent a measured expansion of residential development opportunities on
 the islands while maintaining development standards consistent with the IR-2 zone’s rural
 and environmental context as well as limited transportation options.

 III. PIC AMENDMENTS SUMMARY AND ANALYSIS
 The Peaks Island Council (PIC) is requesting a zoning text amendment to address two of their
 recommendations to the City that were considered during ReCode but ultimately, not
 incorporated into the final Land Use Code.

 A. Small Island Lot Subdivision (Section 7.6.4.a) The applicant is proposing that new small
 island lots created by a single lot division retain a minimum of 12,000 square feet, as
 opposed to the current requirement, 20,000 square feet. The applicant’s stated
 rationale is that reducing the minimum retained lot size would allow additional lot
 divisions on Peaks Island, primarily to enable existing property owners to convey
 portions of their land for new homes. The applicant asserts that this approach would
 support modest increases in year-round housing while maintaining the island’s rural
 character through continued limits on building scale and further subdivision.

 Staff Analysis
 The intent of the adopted small island lot provisions is to provide a limited tool to
 support modest housing creation on IR-2 lots that are able to meet base dimensional
 requirements, particularly larger parcels with access to existing public sewer and water
 infrastructure. The provision was not intended to function as an alternative minimum
 lot size standard for the IR-2 zone.

 GIS analysis conducted as part of ReCode identified 46 potential lot divisions under
 current zoning, 21 of which would have access to public sewer service (see Figure 2). An
 additional seven lots could potentially be served with short sewer extensions. Under the
 proposed PIC amendments, up to 56 additional lot divisions would be possible, 29 of
 which would have access to public sewer service.

 Maine Revised Statutes §4807-A requires that any lot smaller than 20,000 square feet
 be served by public sewer. As a result, fewer than half of the potential lot divisions
 identified would be feasible under current state law. This analysis also does not account
 for the practical feasibility of lot divisions given existing sewer capacity constraints on
 the island.
 The Portland Water District, which operates the Peaks Island Wastewater Treatment
 Facility, has advised the City that the facility has limited remaining capacity. Under
 current zoning, full buildout of existing undeveloped lots could significantly constrain




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Planning Board Public Hearing | January 27, 2026 Article 7 Text Amendments | ZN-3492-2025



 available capacity. The proposed amendment would introduce additional development
 potential within the existing sewer service area, accelerating the point at which the
 facility’s capacity would be reached. The City has requested updated capacity
 information from the Water District to better understand the potential impacts of the
 amendment. At this time, there are no plans to expand the wastewater treatment
 capacity at the Peaks Island facility.

 Finally, as part of the City’s 2017 comprehensive planning process, none of the islands
 were identified as priority growth areas. Priority growth areas are locations where the
 City intentionally directs growth based on infrastructure capacity, transportation access,
 and the ability to accommodate higher development intensity. This policy framework is
 intended to focus housing, employment, and infrastructure investments while
 supporting smart growth and limiting sprawl.

 Lastly, state legislation LD 1829, which is currently in the rulemaking process, would
 require municipalities to permit a minimum lot size of 5,000 square feet in designated
 growth areas, as well as in areas outside of growth areas that are served by public water
 and sewer. As a result, staff recommend delaying any local lot size amendments until
 the state rulemaking process is complete and the City can advance amendments to
 ensure compliance with LD 1829, which may require greater lot size reductions than
 those currently proposed by the PIC.




 Figure 2. Possible small island lot divisions under current Zoning




 Page 7
Planning Board Public Hearing | January 27, 2026 Article 7 Text Amendments | ZN-3492-2025




 B. Lot Coverage (Table 7-B) The applicant is proposing that the maximum lot coverage for
 small island lots decrease from 60% to 45% with water permeable decks up to 60%.
 The rationale for this proposal, according to the applicant, is that 60% lot coverage is
 not sustainable, consistent, or measured, and that 45% would take into account the
 island’s environmental, social, and infrastructure carrying capacity.

 Staff Analysis
 Prior to ReCode, maximum lot coverage in the IR-2 zone was limited to 20 percent. This
 was subsequently revised to 60 percent for all IR-2 lots in response to changes
 associated with LD 2003, as amended and adopted by the City Council. In the final
 adopted Land Use Code, maximum lot coverage was reduced to 40 percent for
 standard-sized IR-2 lots, while the 60 percent maximum was retained for small island
 lots.

 The adopted 60 percent maximum lot coverage standard for small island lots resulted
 from a floor amendment approved unanimously by the City Council during the ReCode
 process in response to LD 2003. This standard was retained due to the Council recently
 adopted the provision and further intended to provide design flexibility on smaller
 parcels. The minimum lot size for a small island lot is 3,000 square feet; at 60 percent lot
 coverage, this allows up to 1,800 square feet of building footprint, accommodating a
 typical single-family home with flexibility for an accessory dwelling unit (ADU). The
 requirement that at least 30 percent of the lot be maintained as landscaped open space
 along with setback requirements ensures that residential development retains
 meaningful vegetated areas.

 Staff support reducing the maximum lot coverage to 45 percent and recommend
 establishing a single maximum lot coverage standard. Staff also note that decks are not
 included in the definition of building footprint and therefore do not count toward lot
 coverage. As such, including decks in this amendment is unnecessary. However, decks
 and other structures are considered when evaluating compliance with the 30 percent
 vegetated open space requirement. Staff are also proposing to clarify this distinction as
 part of a separate package of technical amendments to the Land Use Code currently
 before the Planning Board. Staff recommend eliminating the waterproof deck proposal.

 IV. COMPREHENSIVE PLAN ANALYSIS
 Section 1.10.4 of the Land Use Code requires that all amendments be consistent with the
 Comprehensive Plan. For purposes of this review, the Planning Board is evaluating the
 proposed text amendment for consistency with the City’s Vision Statement and the six
 related elements, strategies, and goals outlined in the Comprehensive Plan, in order to
 make a recommendation to the City Council. In doing so, the Board will consider how the
 amendment advances housing creation while also ensuring that growth occurs in a
 sustainable manner that accounts for environmental and fiscal considerations.

 V. NEXT STEPS
 Staff will schedule a public hearing following the initial workshop. At the public hearing, the
 board will vote to recommend, not recommend, or recommend with amendments to City
 Council.




 Page 8
 AMENDMENT 3 TO ORDER 85-22/23
 PREPARED BY CORPORATION COUNSEL FOR COUNCILOR RODRIGUEZ
 RE: COMPLIANCE WITH DIMENSIONAL REQUIREMENTS

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORTLAND,
 MAINE IN CITY COUNCIL ASSEMBLED AS FOLLOWS:

 That Chapter 14, Sections 3, 6, 7, 18 and 19 are hereby
amended to read as follows, on the following pages:

... lot area per dwelling unit requirements.
 This exception shall not allow a lot to
6.4.2. Additional residential use permissions exceed 60% lot coverage unless
A. In island zones: Up to two units are permitted by the underlying zone.
 permitted on any lawfully conforming lot that A.C. Sections 6.4.2(A) and (B) shall not apply
 does not contain an existing dwelling unit. to lots on which a dwelling unit in existence
 Such units may be located: on July 1, 2023 is demolished and a vacant
 In two separate structures, so long as lot results.
 the minimum lot area per dwelling unit B.D. Lots with one existing dwelling unit in any
 standards of Article 7 are met, or zone where residential is a permitted or
 Within a single structure, in which case conditional use:
 the minimum lot area per dwelling unit 1. Up to two additional dwelling units are
 standards of Article 7 shall not apply. permitted on any lawfully conforming lot
 Such units shall comply with all containing one existing dwelling unit.
 dimensional requirements of the 2. Such units may be located:
 underlying zone except lot coverage and i. In separate structures, so long as
 lot area per dwelling unit requirements. the minimum lot area per dwelling
 This exception shall not allow a lot to unit standards of Article 7 are met,
 exceed 60% lot coverage unless or
 permitted by the underlying zone. ii. Within or attached to the existing
B. In mainland zones where residential is a structure, in which case the lot area
 permitted or conditional use: Up to four units per dwelling unit standards of Article
 are permitted on any lawfully conforming lot 7 shall not apply.
 that does not contain an existing dwelling 3. Units created under this section 6.4.2
 unit. Such units may be located: shall not be considered accessory
 In separate structures, so long as the dwelling units under Section 6.6.2(A).
 minimum lot area per dwelling unit
 standards of Article 7 are met, or ...
 Within a single structure, in which case
 the minimum lot area per dwelling unit
 standards of Article 7 shall not apply.
 Such units shall comply with all
 dimensional requirements of the
 underlying zone except lot coverage and



 Page 9
 ​Application for Text Amendment to Land Use Code​
 ​City of Portland, Maine​



​In re​​Coverage and Subdivision of Small Island Lots.​
​By​​Peaks Island Council, City of Portland, Maine.​
​Dated​​December 3, 2025.​


​Table of Contents:​
 ​Introduction…………………………………………….1​
 ​A.​ ​Peaks Island Council…………………..……….1​
 ​B.​ ​Background on Proposed Amendments………..1​
 ​C.​ ​Procedural History……………………………..2​
 ​Standard of Review…………………………………….2​
 ​Proposed Text Amendments……………………………3​
 ​Discussion………………………..……………………..3​
 ​Conclusion……………………………………………...7​
 ​Request for Expedited Hearing…………………………7​
 ​Request for Fee Waiver ………………………………...7​
​Exhibits / Supporting Documentation:​
 ​A.​ ​September 26, 2025, PIC recommendation to​
 ​Planning Department……………………………​9
 ​B.​ ​August 28, 2025, PIC recommendations to​
 ​Planning Department……………………………​11
 ​C.​ ​May 21, 2025, Motion to Recommend​
 ​Ordinance Amendments…………………………​13
 ​D.​ ​October 22, 2025, Amended Motion to​
 ​Recommend Ordinance Amendments………….​ 17




 Page 10
 ​Introduction​
 ​A.​ ​Peaks Island Council​
 ​The Peaks Island Council is an elected municipal body that exercises advisory and​
​delegated substantive authority. (City Charter Art. VIII § 1-B, Code of Ordinances Ch. 9 Art. IV.)​
​Its purpose is to “provide the residents of Peaks Island with a different method of gathering input​
​from its residents as to issues of concern to them and to provide such input to the members of the​
​Portland city council.”​
 ​It is authorized to “exercise any powers and perform any functions on Peaks Island​
​including but not limited to: ... Advisory or delegated substantive authority, or both, to hold​
​public hearings, gather community input and make recommendations to the city council with​
​respect to … planning and zoning actions… and recommendations for ordinance amendments.”​
​(City Code Ch. 9 § 54(a).)​


 ​B.​ ​Background on Proposed Amendments​
 ​During the multi-year ReCode process, the Peaks Island Council (“P.I.C.”) and two of its​
​committees (Housing and Zoning Committee and the Recode and Tax Assessment Committee)​
​worked closely with the Planning Board’s ad hoc ReCode Committee staff to ensure that the​
​ReCode project would reflect local needs and values.​
 ​Formal P.I.C. recommendations to ReCode staff and the Planning Board reflected​
​extensive community input from survey responses, P.I.C. meeting discussions and votes, and​
​several well-attended informational community meetings (the most recent being standing room​
​only).​
 ​A number of island concerns were addressed: the creation of the small island lot category,​
​a change in setbacks, and the introduction of Cottage Court developments.​
 ​However, two items were repeatedly recommended through formal and informal​
​channels; in the end, they were excluded from the final Land Use Code. These are:​
 ​○​ ​Increasing opportunities to subdivide Small Island Lots.​
 ​○​ ​Addressing the lot coverage limit on Small Island Lots.​


 ​These items, addressed in greater detail below, address community priorities as expressed​
​in survey results, community meetings, and individual communications to the P.I.C.. They find a​




 Page 11
​middle ground between the preservation of the neighborhood character and the clear need for​
​new housing.​​The position of the community is clear:​​we do want more housing, but we want it​
​to be sustainable, and we certainly want it consistent with the City’s Comprehensive Plan.​


 ​C. Procedural History​
 ​In April of 2025, the P.I.C. completed its first reading of a recommendation to the City​
​Council (under the authority of City Code Ch. 9 § 54(a)) that is substantially similar as that​
​which is laid out here. In May of 2025 it had a second reading and voted to adopt said​
​recommendation and, some time later, filed it with the City Clerk so that the City Council would​
​“on its regular agenda schedule timely discussion and opportunity for adoption of​
​recommendations made by the Peaks Island council.” City Code Ch. 9 §54(b).​
 ​The recommended amendments must be reviewed by the Planning Authority before it can​
​be adopted by the City Council. 30-A MRS § 4352(9). Thus, this application is being filed.​
 ​To that end, members of the Peaks Island Council met with the Planning Authority staff​
​in August 2025 to review the proposed changes, among other things.​
 ​The P.I.C. considered and incorporated feedback from that meeting into the proposal,​
​voting in its October meeting to adopt the language represented here, and to move forward with​
​the mandatory Planning Board review.​
 ​Now, it files this application such that the Planning Board’s recommendation and Peaks​
​Island Council’s recommendation can be heard and voted on by the City Council in due course.​


 ​Standard of Review​
 ​The standard of review for text amendment applications is that “[e]xcept as otherwise​
​required by law, amendments to the City’s Land Use Code shall be pursuant to and consistent​
​with the Comprehensive Plan.”​​See​​Land Use Code 1.10.4​​and 1.10.2(D) and​​see also​​30-A MRS​
​§ 4352(2). This standard applies to each stage of the amendment process, at the Planning​
​Authority, Planning Board, and City Council level.​




 ​Proposed Amendments​




 Page 12
 ​1.​ ​Subdivision.​​Article 7.6.4(a)(1) of Chapter 14 of the Code of Ordinances should be​
 ​amended to read as follows:​
 ​New Small Island Lots may only be created by a single lot division of an existing​
 ​lot, with the remaining developed portion​​(a)​​meeting​​the standard dimensional​
 ​requirements of the IR-2 zone​, or (b) retaining at​​a minimum 12,000 SF, on the​
 ​condition that the resulting lot is subject to an Affordable Housing Covenant as​
 ​provided by 33 MRS Ch. 6.​​Further division of the​​remaining lot to create​
 ​additional Small Island Lots is prohibited.​

 ​2.​ ​Lot Coverage.​​Table 7-B of Chapter 14 of the Code​​of Ordinances should be amended to​
 ​read as follows:​

 ​IR-2​

 ​Lot Coverage​ ​40%,​​except​​60%​​45% with water permeable decks up​
 ​(Max.)​ ​to 60%​​if small island lot per Subsection 7.6.4.​


 ​3.​ ​Implementation.​​These amendments should not apply​​to projects undergoing permitting​
 ​and should not become effective until 30 days from the date of adoption.​


 ​Discussion​
 ​A. Small Island Lot Division​
​Substance of Amendment:​
 ​Expand opportunities for lot division and affordable housing development, reinforcing​
 ​historically successful development patterns.​

​Rationale:​
 ​Subdivision is an essential tool for sustainably increasing the island’s year-round housing​
 ​stock in a way that is community-driven. This change allows more landowners to divide and​
  ​convey a small lot to people within the community – this is an excellent opportunity for small​
 ​growth. At the same time, the Affordable Housing Covenant requirement guards against abuse of​
 ​this expanded opportunity.​
 ​A small island lot is 3,000-19,999 square feet. The proposed amendment would result in​
 ​some 12,000 square feet lots– four times larger than the minimum-sized lot, rather than nearly​
 ​seven times larger. And notably, the resulting lots would be constrained to affordable housing​
 ​development. The City has already determined that the minimum size for the resulting lot is​
 ​3,000 square feet.​
 ​And finally, as to whether this increased opportunity is too broad and would lead to​
 ​development sprawl. While it's true this change would result in more buildable lots, not all of​
 ​those lots will be buildable: they are subject to environmental and setback constraints, as well as​




 Page 13
​the geometry of existing build structures on the original lot. And the City​​does​​recognize room​
 ​for development on Peaks: “… Peaks Island is the island with the most potential to accommodate​
  ​some additional housing and other development, and its zoning warrants consideration for tools​
 ​to create new housing opportunities that also recognize the unique and sensitive island context.”​
 ​Recode Portland Phase II Land Use Code Evaluation, p. 44.​
 ​We argue here that the expanded subdivision opportunity, including an Affordable​
 ​Housing Covenant requirement, is precisely such a “tool[] to create new housing opportunities​
 ​that also recognize the unique and sensitive island context.” Id.​

​City Data:​
 ​● Currently there are 36 subdivisions possible (e.g. residential lots in IR-2 over 23,000 SF).​
  ​(Estimate.)​
 ​● This change would allow up to 51 additional subdivisions. (Estimate.)​

​Relation to Comprehensive Plan:​
 ​The proposed change is compliant and pursuant to the City’s Comprehensive Plan (“Plan​
 ​2030”). Regarding land use policies, Plan 2030 provides: “The Future Land Use framework​
  ​builds on our most successful existing patterns and guides future changes… policies should​
 ​encourage the distinct qualities of each [neighborhood]. This does not imply freezing​
 ​neighborhoods as they are,​​but allowing change that is compatible with current development​
 ​patterns​.” Plan 2030, “Principles of Future Land Use: Complete Neighborhoods”, p. 79.​
 ​Emphasis added.​
 ​The proposed change builds on successful existing patterns and allows change​
 ​compatible with those patterns: Peaks as a neighborhood is rural in character, with home- and​
 ​land-ownership being an important social and economic object. Creating more opportunities for​
 ​subdivision creates new opportunities for new, affordable ownership while maintaining the​
 ​remarkable, close-knit community; and requiring an Affordable Housing Covenant prevents​
 ​housing development that centers that community rather than profit. In fact, affordable housing​
 ​only increases the economic opportunities in a community, widening the socioeconomic diversity​
 ​of the island.​
 ​In short: the proposed change will make Peaks Island a more complete neighborhood– in​
 ​pursuance and compliance with Plan 2030– and will encourage the distinct qualities of the​
 ​neighborhood.​

 ​B. IR-2 Small Island Lot Coverage​
​Substance of Amendment:​
 ​Before ReCode, lot coverage was 20%. Today, for Small Island Lots, it is 60% (Land Use​
 ​Code Table 7-B, p. 7-9.) Here, we are applying for a middle-ground figure of 45%, while still​
  ​allowing water permeable decks up to 60%.​

​Rationale, generally:​
 ​45% lot coverage takes into account the island’s carrying capacity – environmental,​




 Page 14
​social, and infrastructural.​
 ​With lot coverage previously set at 20%, and the actual average of affected lots being​
 ​around 21%, to triple this to 60% is not consistent, sustainable, or measured when compared to​
  ​existing patterns (i.e., 21%-- see​​City Data​​below).​​The balance of the natural and built​
 ​landscape is essential to the island. There are around 373 Small island lots – increasing lot​
 ​coverage of Small Island Lots to 60% (as in mainland Portland) denigrates this equilibrium and​
 ​harms the sensitive ecology of this small island. The figure of 45% balances the City’s two goals​
 ​of the preservation of the neighborhood character and the need for new housing– and complies​
 ​with the City’s Plan 2030. ADUs are exempt from lot coverage calculations.​
 ​This recommendation is also rooted in the history of the ReCode project. The lot​
 ​coverage set by the first draft of the ReCode was 30%. When the figure grew to 60% in the​
 ​second draft, the Peaks Island Council began formally opposing the higher figure and​
 ​recommending a lower figure– in line with community input captured by ReCode, the P.I.C., and​
 ​Plan 2030. There were three unanimous P.I.C. votes for 40-45% lot coverage for Small Island​
 ​Lots:​
 ​1.​ ​August 28, 2024, voted unanimously to “strongly oppose” the 60% figure and​
 ​recommend to Planning 40% lot coverage on Small Island Lots, among other things.​
 ​2.​ ​September 25, 2024, voted unanimously to recommend 45% lot coverage on Small Island​
 ​Lots, among other things.​
 ​3.​ ​October 23, 2024 voted for amendment to ReCode requesting 45% lot coverage on Small​
 ​Island Lots, among other things.​
 ​Additionally, a Peaks Island ReCode open house event and community meetings clearly​
 ​indicated the desire for a more measured figure. The proposed 45% achieves that objective.​

​City Data:​
 ​● The average lot coverage of Small Island Lots on Peaks is 21.45%. (Estimated.)​
  ​● Out of the 373 Small Island Lots, only 17 exceed the threshold of 45%. (Estimated.)​

​Rationale re Water Permeable Decks:​
 ​The proposed 45% lot coverage for built structures will permit owners to develop​
 ​projects that balance the built environment with the natural environment. The allowance of decks​
  ​to cover additional area on small island lots provides additional outdoor space for the residents​
 ​while not oversizing the structure for the property, and subsequently reducing access to natural​
 ​light to adjacent properties. Deck structures allow water infiltration to occur naturally on the site,​
 ​unlike an impermeable surface, and the increased area would cause a less adverse effect than a​
 ​structure that covered 60% of a lot area.​

​Relation to Comprehensive Plan:​
 ​We should heed the community’s signals that the new lot coverage figure does not “build​
 ​… on our most successful existing patterns [or] encourage the distinct qualities of each​




 Page 15
​[neighborhood]” and moreover does not adequately “protect[] the State’s rural character … and​
 ​prevent[] development sprawl.” Comprehensive Plan p. 78.​
 ​“The islands are comparatively rural, contrasting with the mainland of the city.”​
  ​Comprehensive Plan with appendices p. 276. “The city’s historic land use patterns … [traverse]​
 ​a spectrum from a relatively high-density historic center to the rural character of Portland’s​
 ​islands… Portland’s Plan anticipates that predominantly residential … and open space areas will​
 ​remain​​largely consistent with existing patterns​.”​​Comprehensive Plan, p. 80. Emphasis added.​
 ​The overnight shift from 20% coverage to 60% coverage is not consistent with the​
 ​existing patterns for residential and open space; it is​​not​​largely consistent with existing patterns;​
 ​it more than triples the density of the existing pattern. When the Comprehensive Plan which​
 ​governs these proceedings was adopted, it was understood that “[t]he islands are comparatively​
 ​rural, contrasting with the mainland of the city.” Comprehensive Plan with appendices p. 276. If​
 ​lots were to develop at 60%, Peaks would​​not​​contrast​​with the mainland of the City.​
 ​For these reasons, a 45% figure is more in line with the Comprehensive Plan over the​
 ​current 60%; for “[Plan 2030’s future land use framework] does not imply freezing​
 ​neighborhoods as they are, but allowing change that is compatible with current development​
 ​patterns.” Comprehensive Plan p. 78.​

 ​Conclusion​
 ​The standard of review in this proceeding is “compliance and pursuance to the​
​Comprehensive Plan”. Since the proposed amendments meet this standard, the Planning Board​
 ​should recommend the text amendment be adopted, with or without modifications.​

 ​Request for Expedited Hearing​
 ​As described above, the P.I.C. has made numerous formal representations to this Board​
​and its staff regarding these issues. For this reason, we humbly request the review and hearing be​
 ​expedited by the Board.​

 ​Request for Fee Waiver​
 ​The Peaks Island Council requests the Planning Board/Authority waive the application​
​fee in this case; the Peaks Island Council (1) is a governmental body and (2) can establish​
 ​financial hardship, as it does not have budgeted the $9,000.00 application fee. Land Use Code​
  ​1.10.2​




 Page 16
​Dated​​December 3, 2025.​
 ​As authorized​​October 22, 2025.​




 ​Respectfully submitted,​

 ​BY:​ ​/s/ Karsten Rees​
 ​krees@portlandmaine.gov​

 ​/s/ Laura Glendening​
 ​lglendening@portlandmaine.gov​

 ​Housing and Zoning Committee, Peaks Island Council​
 ​pic.housingandzoning@portlandmaine.gov​

 ​ON BEHALF OF:​ ​Peaks Island Council, City of Portland​
 ​pic@portlandmaine.gov​




​.​




​CC:​ ​Kevin Kraft & Hellen Donaldson​
 ​Michael Goldman, Esq.​
 ​Sarah Michniewicz​
 ​Members, Peaks Island Council / Housing and Zoning Committee​




 Page 17
 EXHIBIT A

​PIC ReCode recommendations​
 ​proposed by the PIC Housing & Zoning Committee​
  ​amended by the Peaks Island Council 9.25.24​
 ​sent to the Planning Department 9.26.24​

​The Peaks Island Council and its Housing and Zoning Committee make the following​
 ​recommendations in an effort to create a an incremental approach to development:​
 ​●​ ​that recognizes the unique character and qualities of Peaks Island​
 ​●​ ​that balances sustaining a vibrate year-round community and preservation of the natural​
 ​environment​
 ​●​ ​and that holds a concern for the impact of development on the infrastructure as well as​
 ​the traditional culture of the island in suddenly and greatly increasing the built density we​
 ​recommend the following.​

​New IB:​

​We recommend that the following lots be zoned IB with requirements for fencing and limits on​
 ​outdoor lighting.​

​146 Central Ave​
 ​159 Central Ave​
  ​164 Central Ave​
 ​179 Central Ave​
 ​3 Central Ave Extension​

​Additionally, we ask that the city identify additional properties for inclusion in the I-B, be they on​
 ​Central Ave, Brackett Ave, or elsewhere on the island.​

​We ask that the city limit hours of public operation to 9am to 5pm within the I-B zone when there​
 i​s an absence of water and sewer.​

​Total number of units allowed on a lot:​

​We recommend:​
 ​In IR-1, IR-2, and Small Island lots of 5,000 SF or more, a total of three units in the form of a​
  ​two family and one ADU.​

​On Small Island lots of 3,000-4,999 SF we recommend a total of two units, consisting of either a​
 ​two family or a one family with one ADU.​

​Lot Coverage:​

​We recommend:​
 ​IR-1 - 20% (as in final ReCode draft)​




 Page 18
 8
​IR-2 - 40% (as in final ReCode draft)​
 ​IR-2 - Small Island Lot - 45% (down from 60% in the final ReCode draft)​
  ​IB - 60% (as in final ReCode draft)​

​Commercial Vehicle Parking Lot:​
 ​We recommend City Planning and City Council work in conjunction with the DPW to create a​
  ​commercial vehicle parking lot that would provide business owners on the island a place to park​
 ​their work trucks and trailers.​

​Maps:​
 ​We recommend that all maps of Peaks Island include the public city owned land including​
  ​shoreline access points and rights of way.​




 Page 19
 9
 EXHIBIT B

 ​Recommendations to ReCode/Portland Planning​
​August 28, 2024​
  ​Submitted by the PIC Housing and Zoning Committee​

 ​1. Small Island Lot Allowance​
 ​3,000 square feet: we continue to support this number as compatible with many already​
 ​built island lots in IR-2​

 ​We support the Small Island Lot allowance only with Island specific limits on​
 ​short-term rentals (as the PIC voted for at their recent meeting), having been put in​
 ​place prior to the city council approval of new land use code.​

 ​2. Dimensional standards on Small Island Lots:​
 ​We recommend 10’ for each side (vs 5’ in second draft) and 15’ rear (vs. 10’ in second​
 ​draft). A primary consideration is ensuring safe access by emergency personnel and​
 ​vehicles, especially in case of fire.​

 ​3. 40% lot coverage for all Island lots except IB-1 (50%)​
 ​We strongly oppose the proposed 60% permitted coverage for all lots. We recommend​
 ​40% for residential lots, which represents a doubling of current coverage, would allow​
 ​flexibility for improving existing properties as well as building new dwellings, but still be in​
 ​keeping with the character of existing neighborhoods.​

 ​4. Creating a Small Island Lot from a larger existing lot​
 ​The​​second​​draft​​allows​​owners​​of​​lots​​of​​at​​least​​23,000​​sq​​feet​​to​​separate​​off​​one​
 ​3000​​sq​​ft​​small​​lot,​​leaving​​the​​primary​​lot​​at​​20,000​​(the​​general​​standard​​for​​IR-2).​
 ​We recommend that in IR-2 consideration be given to allowing any occupied lot of at​
 l​east 10,000 sq. ft. to separate off 3,000 for a Small Island Lot – leaving at least 7,000 for​
 ​the primary lot (as long as that lot maintains all the setback requirements of IR-2).​

 ​5. Permitted number of dwellings on all formerly single-family lots​
 ​We support permitting up to 2 dwellings on any island lot, as enacted in LD 2003 by the​
 ​Maine legislature. We strongly oppose permitting 3 dwellings on any island lot, as totally​
 ​out of keeping with island character, and at odds with the expressed preferences of​
 ​hundreds of islanders for when surveyed.​

 ​6.​​We support the allowance of ADUs for only year-round​​housing and request that​
 ​this requirement is put back in the Land Use Code.​

 ​7. New Business Zone Category, IB-2​
 ​The intent of this suggested new category is to create space for additional small​
 ​businesses primarily serving islanders needs, but with limitation appropriate for its​




 Page 20
 10
 ​setting, such as:​
 ​Maintains setbacks of IR-2​
 ​Hour of operation limits, such as 9-5:00, to minimize noise impacts​
 ​Use limits, such as no hotels or restaurants​
 ​Rear fencing requirements to reduce visual and sound impacts​

 ​Suggested Location for IB-2​
 ​Starting at Central Ave and Ernest St intersection (at the Health Center) extending east​
 ​down Central Ave and Central Ave Extension to intersection with Highland Ave.​

​8. Need for zoning that supports:​
 ​Sustainable year-round community.​
 ​Working waterfront, and traditions and rural culture unique to Maine island living.​
 ​Healthy and well maintained systems – ecosystems, sewer systems, road use​
 ​safety.​




 Page 21
 11
 EXHIBIT C

 Amended Report and Motion
RE: Land Use ReCode / May meeting
TO: Peaks Island Council (pic@portlandmaine.gov)
FROM: PIC Housing and Zoning (pic.housingandzoning@portlandmaine.gov)
CC: Sarah Michniewicz (smichniewicz@portlandmaine.gov)
DATED: May 21, 2025


 Amended Report

Background
Over the last three years, the Peaks Island Council (PIC), supported by the PIC Housing and
Zoning Committee and the Recode and Tax Assessment Committee, worked with ReCode staff
to ensure that the ReCode process would reflect community needs and values.

Formal PIC recommendations to ReCode reflected extensive community input from survey
responses, PIC meeting discussions and votes, and several well-attended informational
community meetings (the most recent being standing room only).

These recommendations also reflected the Peaks Island Council’s official capacity as a
representative and advisory body within the City’s elected government.1 Planning staff were
receptive, accessible, and adopted a number of the PIC recommendations. A number of critical
island concerns were addressed: the creation of the small island lot category, a change in
setbacks, and the allowance of Cottage Court developments.

However, two items were repeatedly recommended to the ReCode staff; in the end, they were
excluded from the final land use code. These are:
 1.​ Decreasing the size required to subdivide Small Island Lots.
 2.​ Lot coverage limit on Small Island Lots.

These items, addressed in greater detail below, address community priorities as expressed in
survey results, community meetings, and individual communications to the PIC. They find a
middle ground between the preservation of the neighborhood character and the clear need for
new housing. We want more housing, but we want it to be sustainable.

1. Small Island Lot Division
Proposed Amendment:
“New Small Island Lots may only be created by a single lot division of an existing lot, with the
remaining developed portion retaining at a minimum 12,000 SF meeting the standard
dimensional requirements of the IR-2 zone. Further division of the remaining lot to create
additional Small Island Lots is prohibited.” (Land Use Code Article 7.6.4(A)(4), p. 7-24)

1
 See City Charter Art. VIII §1-B and City Code Ch. 9 Art. IV.




 Page 22
 12
Rationale:
Subdivision is an essential tool for sustainably increasing the island’s year-round housing stock
in a way that is community-driven. This change allows landowners to transfer a small lot to
people such as family members, friends, those seeking to reside on the island where they may
work – this is an excellent opportunity for small growth. A small island lot is 3,000-19,999 SF,
this allows for two small lots to be adjacent – which happens all across IR-2. We propose here a
lot size that is just four times larger than the minimum-sized lot rather than nearly seven times
larger. That is, 12,000 square feet rather than 20,000 square feet. Regardless of whether it is
12,000 square feet or 20,000 square feet, we know it will be many times larger than 3,000
square feet!

City Data:
 ●​ Currently there are 36 subdivisions possible (e.g. residential lots in IR-2 over 23,000 SF).
 ●​ Lowering the minimum size to subdivide off a piece of land to 15,000 SF (12,000 SF
 remaining, 3,000 new small island lot), would allow for an added 51 subdivisions subject
 to environmental and setback constraints.

2. IR-2 Small Island Lot Coverage
Before ReCode: 20%.

Existing: 60% (Land Use Code Table 7-B, p. 7-9.)

Proposed: 45% (Excluding projects in permitting at time of adoption.)

Rationale: 45% lot coverage takes into account the island’s carrying capacity – environmental,
social, and infrastructural. With lot coverage previously set at 20%, to triple this to 60% is not
consistent, sustainable, or measured. The balance of the natural and built landscape is
essential to the island. There are 373 Small island lots – increasing lot coverage of Small Island
Lots to 60% (as in mainland Portland) denigrates this equilibrium and harms the sensitive
ecology of this small island. The figure of 45% balances the City’s two goals of the preservation
of the neighborhood character and the need for new housing– and complies with the City’s Plan
2030. ADUs are exempt from maximum lot coverage calculations.

Plan 2030 “adopts a focused approach to growth in targeted areas across the City ... Areas…
are not immune from change now or in the future, but it is expected that they will largely
maintain their predominant land use patterns.”

The lot coverage set by the first draft of the ReCode was 30%. When the figure grew to 60% in
the second draft, we began formally opposing the higher figure and recommending a lower
figure.

There were three unanimous PIC votes for 45% lot coverage for Small Island Lots:




 Page 23
 13
 1.​ August 28, voted unanimously to “strongly oppose” the 60% figure and recommend to
 Planning 40% lot coverage on Small Island Lots.
 2.​ September 25, voted unanimously to recommend to Planning 45% lot coverage on Small
 Island Lots.
 3.​ October 23, voted for amendment to ReCode requesting 45% lot coverage on Small
 Island Lots

Additionally, a Peaks Island ReCode open house event and community meetings clearly
indicated the desire for a figure lower than 60%.

City Data:
 ●​ The average lot coverage of Small Island Lots on Peaks is 21.45%.
 ●​ Out of the 373 Small Island Lots, only 17 exceed the threshold of 45%.




 Page 24
 14
 Motion to Recommend Ordinance Amendments

Motion
I move the Peaks Island Council to recommend the following amendments:

 1.​ Section 7.6.4(a)(1), of Chapter 14 of the Code of Ordinances should be amended to
 read as follows:

 New Small Island Lots may only be created by a single lot division of an existing
 lot, with the remaining developed portion retaining at a minimum 12,000 SF
 meeting the standard dimensional requirements of the IR-2 zone. Further division
 of the remaining lot to create additional Small Island Lots is prohibited.

 2.​ Table 7-B of Chapter 14 of the Code of Ordinances should be amended to read as
 follows:


 IR-2

 40%, except 45% 60% if small island lot per Subsection
 Lot Coverage (Max.)
 7.6.4.


 But that this amendment should not apply to projects undergoing permitting, and its
 effective date should be deferred 30 days.

… and to file such recommendations with the City Clerk for hearing and adoption by the City
Council.

Legal References
This motion is made with reference to the following provisions of the City Code and City Charter.
 1.​ City Charter Art. 8 § 1-B: The Peaks Island Council “shall act as an elected advisory
 body to the City Council.”
 2.​ City Code § 9-54(a): “exercise any powers and perform any functions… including but
 not limited to… mak[ing] recommendations to the city council with respect to… planning
 and zoning actions… [and] recommendations for ordinance amendments.”
 3.​ City Code § 9-54(b): “The City Council shall on its regular agenda schedule timely
 discussion and opportunity for adoption of recommendations made by the Peaks Island
 council… in the same manner as votes on other matters on the city council agenda.”




 Page 25
 15
 EXHIBIT D

 Motion to Recommend Ordinance Amendments

Motion
I move the Peaks Island Council to recommend that:

 1. Article 7.6.4(a)(1) of Chapter 14 of the Code of Ordinances should be amended to read
 as follows:

 New Small Island Lots may only be created by a single lot division of an existing
 lot, with the remaining developed portion (a) meeting the standard dimensional
 requirements of the IR-2 zone, or (b) retaining at a minimum 12,000 SF, on the
 condition that the resulting lot is subject to an Affordable Housing Covenant as
 provided by 33 MRS Ch. 6. Further division of the remaining lot to create
 additional Small Island Lots is prohibited.

 2. Table 7-B of Chapter 14 of the Code of Ordinances should be amended to read as
 follows:
 IR-2

 40%, except 60% 45% with water permeable decks up
 Lot Coverage (Max.)
 to 60% if small island lot per Subsection 7.6.4.



… subject to the following restrictions: (1) These amendments should not apply to projects
undergoing permitting; and (2) Should become effective only 30 days from the date of adoption.

... and to file this recommendation with the City Clerk for discussion and adoption by the City
Council (after the Planning Board has conducted its mandatory review of this material).

Table of Authorities
 1. “The City Council shall on its regular agenda schedule timely discussion and opportunity
 for adoption of recommendations made by the Peaks Island council… in the same
 manner as votes on other matters on the city council agenda.” City Code § 9-54(b).
 2. “The Peaks Island Council may exercise any powers and perform any functions…
 including but not limited to… mak[ing] recommendations to the city council with respect
 to… planning and zoning actions… [and] recommendations for ordinance amendments.”
 City Code § 9-54(a).




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 Page 81
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 Page 82
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 Page 83
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 Page 84
 ⏺ ⏺
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 Page 85
 ⏺
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⏺ ⏺ ⏺ ⏺ ⏺ ⏺




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 Page 113
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 Att. D




Page 116
 ‑




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 ‑




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 Att. E




Page 143
 ⏺
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Page 144
 ⏺
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Page 145
 ⏺
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Page 146
Page 147
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Page 156
 See Table 8-B




Page 157
Page 158
 •
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Page 159
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 ⏺
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Page 176
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 Att. F




Page 188
Page 189
 §




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.




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 Att. G




Page 210
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⏺


⏺ ⏺




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⚫




 Page 218
⚫ ⚫ ⚫ ⚫ ⚫ ⚫
⚫ ⚫ ⚫ ⚫ ⚫ ⚫ ⚫
⚫ ⚫ ⚫ ⚫ ⚫ ⚫

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⚫




 Page 219
Page 220
 ⚫




Page 221
 ⚫ ⚫ ⚫ ⚫ ⚫
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⚫3
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⚫ ⚫ ⚫ ⚫ ⚫ ⚫
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⚫ ⚫ ⚫ ⚫3 ⚫ ⚫

⚫2 ⚫ ⚫ ⚫4 ⚫ ⚫

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