Housing & Economic Development Committee — Portland, ME
Date: 2026-02-03
Time: 17:30

Housing & Economic MEMBERS
Development Committee Meeting Councilor Pious Ali, Chair
Tuesday, February 3, 2026 at 5:30 PM Councilor Regina Phillips
 Councilor Kate Sykes
 Councilor Sarah Michniewicz



To submit written public comment on an agenda item, email edd@portlandmaine.gov. Submissions must be
received by 12:00 pm the day before the Housing & Economic Development 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).

REMOTE ACCESS INFORMATION

The Housing & Economic Development Committee will conduct this meeting remotely via Zoom pursuant to
the Remote Meeting Policy adopted by the Portland City Council. 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 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 unmuted by the host when it is time for public comment.

Please click Zoom link below to join the meeting:

https://portlandmaine-gov.zoom.us/j/89974536397?pwd=bBk7SQQyUTTmn6KAWqvah6Ko9vkaUR.1
Passcode:677082

Phone one-tap:
+19292056099,,89974536397# US (New York)
+13017158592,,89974536397# US (Washington DC)

Join via audio:
+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)
+1 646 931 3860 US
+1 346 248 7799 US (Houston)
+1 360 209 5623 US
+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
+1 253 215 8782 US (Tacoma)
Webinar ID: 899 7453 6397
International numbers available: https://portlandmaine-gov.zoom.us/u/k1cY8PVBL

1. Review and accept Minutes of previous meeting held on January 20, 2026.

 a. See attached draft meeting Minutes.
 (Public Comment) Review and recommendation of proposed Amendments to Chapter
2. 14 Land Use Code regarding the Buffer Zone for Large Performance Halls with
 occoupancy of 1,000 or more persons - Councilor Pelletier

 a. See attached Memorandum from Councilor Pelletier.
 b. See attached Planning Department Memorandum and backup.
 c. See attached Economic Impact Report from Live Nation April 2025.
 d. See attached National Independent Venue Assoc. 2025 Report - The State of Live
 e. Public Comment Received
 (Public Comment) Review and recommendation to the City Council of a proposed
3. Purchase and Sale Agreement with Carassas Holdings, LLC for Lot #1 at Portland
 Technology Park - Greg Watson

 a. See attached Memorandum and backup.

 NOTE: Pursuant to 1 M.R.S.A. 405(6)(C) and 5 M.R.S.A. 13119-A, the Committee may go
 into executive session to discuss real estate negotiations and provide guidance to staff for this
 item.
 b. See attached marketing brochure.
 (Public Comment) Review and recommendation to the City Council of the FY2027
4.
 Housing Program Budget - Mary Davis

 a. See attached Memorandum and backup.
5. (Public Comment) Review and recommendation:

 a. Recommendation to City Council approval of the 2026 Jill C. Duson Housing Trust Fund
 Annual Plan; and,
 b. Committee approval of the 2026 Affordable Housing Development and Tax Increment
 Financing application.

 See attached single Memorandum and backup for Items 5(a) and 5(b).



 2
Next Meeting Date: February 17, 2026




 3

Housing & Economic MEMBERS
Development Committee Meeting Councilor Pious Ali, Chair
Tuesday, February 3, 2026 at 5:30 PM Councilor Regina Phillips
 Councilor Kate Sykes
 Councilor Sarah Michniewicz



To submit written public comment on an agenda item, email edd@portlandmaine.gov. Submissions must be
received by 12:00 pm the day before the Housing & Economic Development 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).

REMOTE ACCESS INFORMATION

The Housing & Economic Development Committee will conduct this meeting remotely via Zoom pursuant to
the Remote Meeting Policy adopted by the Portland City Council. 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 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 unmuted by the host when it is time for public comment.

Please click Zoom link below to join the meeting:

https://portlandmaine-gov.zoom.us/j/89974536397?pwd=bBk7SQQyUTTmn6KAWqvah6Ko9vkaUR.1
Passcode:677082

Phone one-tap:
+19292056099,,89974536397# US (New York)
+13017158592,,89974536397# US (Washington DC)

Join via audio:
+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)
+1 646 931 3860 US
+1 346 248 7799 US (Houston)
+1 360 209 5623 US
+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

 Page 1
+1 253 215 8782 US (Tacoma)
Webinar ID: 899 7453 6397
International numbers available: https://portlandmaine-gov.zoom.us/u/k1cY8PVBL

1. Review and accept Minutes of previous meeting held on January 20, 2026.

 a. See attached draft meeting Minutes.
 (Public Comment) Review and recommendation of proposed Amendments to Chapter
2. 14 Land Use Code regarding the Buffer Zone for Large Performance Halls with
 occoupancy of 1,000 or more persons - Councilor Pelletier

 a. See attached Memorandum from Councilor Pelletier.
 b. See attached Planning Department Memorandum and backup.
 c. See attached Economic Impact Report from Live Nation April 2025.
 d. See attached National Independent Venue Assoc. 2025 Report - The State of Live
 e. Public Comment Received
 (Public Comment) Review and recommendation to the City Council of a proposed
3. Purchase and Sale Agreement with Carassas Holdings, LLC for Lot #1 at Portland
 Technology Park - Greg Watson

 a. See attached Memorandum and backup.

 NOTE: Pursuant to 1 M.R.S.A. 405(6)(C) and 5 M.R.S.A. 13119-A, the Committee may go
 into executive session to discuss real estate negotiations and provide guidance to staff for this
 item.
 b. See attached marketing brochure.
 (Public Comment) Review and recommendation to the City Council of the FY2027
4.
 Housing Program Budget - Mary Davis

 a. See attached Memorandum and backup.
5. (Public Comment) Review and recommendation:

 a. Recommendation to City Council approval of the 2026 Jill C. Duson Housing Trust Fund
 Annual Plan; and,
 b. Committee approval of the 2026 Affordable Housing Development and Tax Increment
 Financing application.

 See attached single Memorandum and backup for Items 5(a) and 5(b).



 2

 Page 2
Next Meeting Date: February 17, 2026




 3

 Page 3
 Minutes

 Remote Housing and Economic Development Committee

 January 20, 2026

 NOTE: This meeting was held via Zoom and can be viewed at this link:

 http://www.portlandmaine.gov/1695/Economic-Development-Committee These

Minutes provide a record of those in attendance, general discussion taking place, and

motions made.

 A remote meeting of the Housing and Economic Development Committee (HEDC) of

the Portland City Council was held on Tuesday, January 20, 2026, at 5:30 p.m. via Zoom.

Present from the HEDC were Chair Councilor Pious Ali, and members Councilors Regina

Phillips, Sarah Michniewicz, and Kate Sykes. Also present from the City Council was

Councilor Wesley Pelletier. City staff present were Housing and Community Development

Division Director Mary Davis, Corporation Counsel Michael Goldman, Housing Program

Manager Heidi McCarthy, Principal Administrative Officer Lori Paulette, Permitting and

Inspections Director Jessica Quattropani, and Housing and Economic Development

Department Director Greg Watson.

 Update from Michael Goldman, Corporation Counsel, on the status of proposed

ordinance changes for large music venue moratorium. There is a draft available for

Councilors for the next Committee meeting. If the Committee recommends approval, the

language requires approval of the Planning Board prior to Council. The current moratorium

expires March 9, 2026. The Committee requested an HEDC meeting February 3rd to take up

this item.




 1


 Page 4
 Item #1: Review and accept Minutes of previous meeting held on November 18,

2025.

 On motion made by Councilor Michniewicz, seconded by Councilor Phillips, the

Committee voted 4-0 to accept the Minutes as presented.

 Item #2: Communication: Quarter 4 (10/1/2025-12/31/2025) Rent Control

 Ms. Quattropani presented the Q4 Rent Control Report. An additional inspector was

added mid-September, and there should be an uptick of inspections in Q1 2026. There were

1,548 units inspected in Q4 of 2025, 7,657 for the year, which represents approximately 40% of

all units in the city. The Department almost doubled inspections from 2024 to 2025.

 Councilor Sykes noticed that more data has been added, which is helpful to see more of

what is going on and requests to continue reviewing outcomes of increased inspections.

 Councilor Sykes asked about the complaint data. From quarter to quarter, complaints do

not roll over, and Councilor Sykes would like to see a running total of founded vs unfounded

complaints and percent change over time of various data points such as registered/unregistered

units.

 Councilor Sykes then asked what an inspection entails, and Ms. Quattropani noted that it

depends on the type of complaint. There may be inspections happening for both rent control and

housing safety at the same time. Property owners are asked for documents to show history.

Tenants are asked for information as well.

 Councilor Sykes asked about the process for choosing units to inspect. First the

department flags any increase over 10% and works down from there.




 2


 Page 5
 Councilor Ali asked about changes in ownership and fees. New owners are responsible

for all fees. The ordinance requires the City to hold the current owner responsible. Realtors and

prospective buyers may contact the City prior to purchasing buildings.

 Councilor Michniewicz congratulates staff on increasing the percentage of inspected

properties. Director Quattropani expects that they will surpass 50% next year and probably 60-

70%.

 Councilor Michniewicz asked what percentage of inspections are due to complaints and

what are random. There were 862 complaints, 3,741 audits, 3,012 random inspections. Some

units are exempted from some parts of the ordinance. This is rent control only and not housing

safety inspections.

 Councilor Phillips compared 2024 to 2025 and noticed the 2025 report notes 19,673

registered units and would like to continue receiving that number.

 Councilor Phillips asked how many units are not registered. As of 1/20/26, there are

17,414 registered, 946 haven’t re-registered and the remaining units are in process. This can be

added to the report.

 Councilor Pelletier asked if there is a sense of how many units were at one point

considered subject to rent control and are no longer subject to it. It would be helpful to have

more information or metrics on unfounded complaints and the reasons they were unfounded.

 Councilor Sykes appreciates willingness to provide information. It would be helpful to

identify properties that have changed exemption status, not for the report but to flag for proactive

enforcement. The Department currently looks at exemption data when considering inspections.




 3


 Page 6
 Item #3: Discussion Re: Calendar 2026 Committee Work Plan Development

 Mr. Watson noted that the packet included the City Council adopted form for its goals (its

goals not yet finalized), as well as the form for HEDC goals for the Committee’s consideration.

The packet also included the staff work plan which is currently based on annual items brought

each year that staff knows about at this time. It is intended to be a living document and will

adapt as needed throughout the year.

 Chair Ali thanked Mr. Watson and invited Committee members to send their goals and

policy initiatives to himself and Mr. Watson.

 Item #4. Discussion Re: Housing Policy and Goals for the 2026 Jill C. Duson

Housing Trust Fund Annual Plan and Affordable Housing and Tax Increment Financing

Application

 Staff suggests that no changes be made to the current priorities and goals, anticipating

that there may be more substantial changes to the 2027 priorities and goals. Several changes

were made last year which are outlined in the staff memo. In last year’s plan, HOME funds

individuals at or below 50% of area median income, Housing Trust Fund up to 100%, AHTIF

prioritized for up to 80%, with preference for 50% and under.

 Councilor Phillips asks whether the changes from last year are successful. Mary Davis

states that we aren’t entirely happy with the results because of other changes that we thought we

could make this year, but there isn’t anything that we feel should be changed at this time.

 Councilor Phillips followed up by asking whether we could amend the priorities mid-

year. Mary Davis stated that the Housing Trust Fund Annual Plan could be amended at any time;

however, we start the process now in hopes that the application can be released at the end of




 4


 Page 7
February or early March to accommodate the QAP for Low Income Housing Tax Credits

(LIHTC) and AHTIF process.

 Councilor Sykes states that government waste erodes trust and would like to know what

the Committee can do to fix this issue at the State level. Do you have guidance about actions we

can take? Mary Davis suggests taking a look at the City’s TIF Policy, specifically around

underwriting for AHTIF. We are passing those costs onto the developers but the costs come back

to us as their project costs go up. We could alleviate this by changing our TIF Policy around

underwriting.

 Councilor Sykes would like to direct staff to identify changes within the TIF Policy that

could help streamline our process. Staff is currently having those discussions and would like to

have additional conversations with the Committee about this.

 Item #5: Communication Re: 2025 Low Income Housing Tax Credit (LIHTC)

Award Update

 Ms. Davis noted that during the Summer of 2025, the City Council approved the three

Affordable Housing Tax Increment Financing (AHTIF) Districts seeking Low Income Housing

Tax Credits through Maine Housing. Those projects were Prosperity Place at 1125 Brighton

Avenue and two applications from Portland Housing – Phase 2 and 3 of the COMB Block

development, i.e., Cumberland Housing and Mayo Housing. Only Cumberland Housing was

successful in receiving tax credits.

 Staff and Committee discussed the Prosperity Place project with staff noting that the

project will continue to move forward and that it is not unusual for projects to go through two

funding cycles for LIHTC, as well as look at other funding sources.




 5


 Page 8
 On motion then made by Councilor Pelletier, seconded by Councilor Michniewicz, the

Committee voted 4-0 to adjourn the meeting at 6:50 p.m.

 Respectfully, Heidi McCarthy and Lori Paulette




 6


 Page 9
 Mayor and Council Offices
 Wesley Pelletier
 City Councilor
 January 30, 2026




HEDC Agenda Item #2: Review and recommendation of proposed Amendments to
Chapter 14 Land Use Code regarding the Buffer Zone for Large Performance Halls with
occupancy of 1,000 or more persons.

HEDC Meeting on February 3, 2026


This amendment to the land use code is intended to address widespread constituent concerns
regarding the spacing of large entertainment venues in our downtown area. This amendment
increases the buffer zone on the peninsula (zones B-3 and WCZ) for large entertainment venues–
defined as those with a capacity of over 1000 people – to 750 feet. In doing so, the hope is to
mitigate traffic snarls that are bound to arise from thousands of people arriving to and leaving
from multiple venues at the same time.

As Portland’s density increases, the choices we make today will be felt for generations to come,
and I believe that we as leaders must proactively ensure that we are using the power given to us
by our constituents to ensure that we are building a city that makes sense.



Sincerely,




Wes Pelletier
City Council
City of Portland, Maine




 389 Congress Street, Portland, Maine 04101 | o: 207-756-8241 | council@portlandmaine.gov

 Page 10
City of Portland | Planning & Urban Development Department
Kevin D. Kraft, AICP Director



Staff Memo To:
Housing & Economic Development Committee
Councilor Pious Ali, Chair




MEETING DATE
February 3, 2026

AGENDA ITEM
Agenda Item 2 – Entertainment Buffer Proposal

PURPOSE
Review a proposed Theater and Performance Hall zoning text amendment, which would establish
a 750-foot buffer between theaters and performance halls with a capacity of 1,000 or more,
co-sponsored by Councilor Pelletier and Councilor Ali.

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT
In response to community concerns raised during review of a Major Site Plan application for a
proposed 3,300-capacity Portland Music Hall at 244 Cumberland Avenue, the City Council voted
6–3 on August 11, 2025 (Councilors Ali and Phillips, and Mayor Dion opposed) to enact a 180-day
moratorium on theaters and performance halls with capacities exceeding 2,000. The moratorium
was made retroactive to applications received on or after December 1, 2024 (Order 9-25/26).

The Council’s 2025 common goals and committee work plan did not identify or contemplate an
evaluation of theaters and performance halls, nor any changes to the existing entertainment
buffer requirements.

BACKGROUND/ANALYSIS
On November 18, 2025, the Housing & Economic Development Committee (HEDC) reviewed and
discussed a proposed amendment to the Land Use Code introduced by Councilor Pelletier and
Councilor Ali. The proposal would eliminate the existing 100-foot buffer for businesses holding
an entertainment license and replace it with a 750-foot buffer for large entertainment businesses,
defined as venues with seating capacities of 1,000 or more within the B-3 and Waterfront Central
zones.

Following that meeting, staff refined the original Land Use Code amendment proposal,
co-sponsored by Councilor Pelletier and Councilor Ali (Attachment A), to better align with the
structure of the Land Use Code. The refined amendment would revise the existing Theater or
Performance Hall use and establish two new use categories:




 1
 1 OF 76

 Page 11
 ●​ Theater or Performance Hall (Small): An establishment with a total occupancy of fewer
 than 1,000 persons devoted to showing motion pictures or hosting dramatic, musical, or
 live performances.
 ●​ Theater or Performance Hall (Large): An establishment with a total occupancy of 1,000 or
 more persons devoted to showing motion pictures or hosting dramatic, musical, or live
 performances.

The 1,000-person threshold is derived from the Councilors’ original proposal. These new use
categories would be defined in the Definitions section of Article 3 of the Land Use Code and would
continue to be allowed uses in the B-3 and Waterfront Central Zones (WCZ) as outlined in Table
6-C. However, Large Theaters and Performance Halls would be subject to supplemental use
standards in Section 6.4.42, which would prohibit such venues from locating within 750 feet of
another Large Theater and Performance Hall’s primary entrance(s).

Under this approach, the 750-foot buffer would apply only between Large Theaters and
Performance Halls. It would not prohibit proximity to or between small theaters and performance
halls, or larger venues such as stadiums or arenas, as currently drafted.

This alternative proposal is use-based rather than license-based and would no longer rely on the
type of entertainment license issued. As a result, it would not apply to other facilities, such as
hotels, that may host events with occupancies of 1,000 or more.

Adoption of Entertainment Sector Benefits for Large Venues
Since the enactment of the moratorium in August 2025, the HEDC reviewed a separate proposal
on October 21, 2025, to amend Chapter 4 of the City Code (Amusements) by establishing an
Entertainment Sector Benefits Agreement requirement for large venues. On November 18, 2025,
the HEDC voted 4–0 to recommend City Council approval of the amendment and on January 5,
2026, the City Council voted 8-0 (Councilor Ali absent) to pass Order 107-25/26, creating a new
Large Capacity Entertainment License for venues with capacities of 2,000 or more, and requiring
licensees to enter into an Entertainment Sector Benefits Agreement, providing financial or
in-kind contributions equal to 1.0%–2.0% of the base ticket price to support Portland’s local
entertainment ecosystem.

FISCAL IMPACT
There is no financial impact to the City related to drafting the text amendment.

CONCLUSION(S)
Staff evaluated the proposed 750-foot buffer between Large Theaters and Performance Halls in
the B-3 and Waterfront Central Zone (WCZ) zones using current and historic policy guidance,
regulatory standards, and best practices in land-use policy. Based on this analysis, staff
concludes that current conditions and the future vision for downtown do not support
implementing a fixed separation buffer between theaters and performance halls.

Policy and Regulatory Background




 2
 2 OF 76

 Page 12
Portland’s adopted comprehensive policy framework, including Portland’s Plan 2030, One Climate
Future, the Downtown Vision Plan, and the Portland Peninsula Transit Study, works in concert with
established regulatory tools such as the Land Use Code, Site Plan Ordinance, Traffic Movement
Permit (TMP) requirements, and impact fees to manage land use, transportation, site access, and
parking impacts. Together, these policies and regulations provide sufficient flexibility and
oversight to evaluate individual proposals on a case-by-case basis while supporting the City’s
long-standing goals and commitment for compact, infill development, multimodal accessibility,
and downtown economic vitality.

Over the past several decades, Portland has pursued a coordinated, forward-looking approach to
growth, emphasizing sustainable land use and transportation policies that support dense, infill
development, particularly downtown. Guided by Portland’s Plan 2030, the City’s comprehensive
plan, this vision promotes downtown development, multimodal accessibility, smart growth, and
economic vitality. Key goals include:

 ●​ Focusing growth in priority areas, such as downtown and transit corridors, supporting
 arts and culture, and ensuring that infrastructure investments enable employment and
 housing growth.

 ●​ Promoting walkable neighborhoods, reducing vehicle miles traveled, and aligning land
 use changes with long-range transportation planning.

 ●​ Investing in public transit and multimodal systems, implementing Transportation
 Demand Management (TDM) policies, and encouraging transit-oriented development to
 reduce emissions and improve access for all users.

 ●​ Reinforcing the Center - Portland’s downtown remains at the center of the region’s arts
 and cultural, economic, and civic health, and Portland’s Plan embraces the principle that
 downtown should continue to be a predominant locus of activity for the broader region.

Limiting the location of large theaters and performance halls in downtown through a minimum
distance buffer could affect the distribution of new venues, potentially placing them in areas with
lower transit access and reduced walkability. Similarly, restrictions on new venues or the
expansion of existing ones may lead to development in neighboring communities, which could
affect local tax revenue, economic activity for nearby businesses, and secondary employment
associated with venues while also increasing regional traffic due to limited transit and walkability
outside of the city. Downtown Portland, as Maine's most walkable and transit-accessible area,
offers the greatest potential for attendees to access venues using alternative modes of
transportation, supporting many of the City’s and region's goals regarding enhancing
multi-modal accessibility.

National Case Studies




 3
 3 OF 76

 Page 13
National best practices support policy that allows and even encourages arts, entertainment, and
sporting venues in downtowns of cities of all sizes to maximize accessibility, encourage
utilization of public transit and walkability, economic benefits, and urban vibrancy.

As economies have shifted, particularly with the rise of remote work, downtowns historically
centered on office uses have often become less active. In response, many communities are
seeking to rebalance their downtowns by promoting a broader mix of uses, including arts and
cultural facilities, music and performance venues, theaters, retail, restaurants, and housing,
clustered within walkable, transit-accessible neighborhoods. Additionally, theaters, performance
halls, and other entertainment venues have generally complemented downtown areas by
operating during evenings and weekends, times when schools and offices are closed,
contributing to ongoing activity and vibrancy. Portland has historically been ahead of the curve
by allowing a diverse mix of commercial, residential, arts, and entertainment uses, including
theaters and performance halls of all sizes, as permitted uses in the B-3 Downtown Business
zone.

Cleveland, Ohio: Cleveland’s downtown is anchored by Playhouse Square, a theater district with a
cluster of performance venues including KeyBank State Theatre (~3,200 seats), Connor Palace
(~2,700 seats), Ohio Theatre (~1,000 seats), and Hanna Theatre (~550 seats). The area also includes
Public Auditorium/Public Hall, which houses multiple halls such as Public Hall (~10,000 seats),
Music Hall (~2,800 seats), and the Little Theater (~600 seats). Cleveland’s downtown also hosts
major sports and entertainment venues as well, including Progressive Field (~35,000 seats, home
of the MLB’s Cleveland Guardians), Rocket Mortgage FieldHouse (~19,000 seats, home of the NBA’s
Cleveland Cavaliers), and the Wolstein Center (~15,000 seats). The City’s zoning framework allows
performance venues as compatible uses within commercial and downtown districts, supporting
higher-density mixed-use development. The Entertainment Overlay District further encourages
the clustering of large entertainment venues, particularly around Playhouse Square, while
managing potential conflicts with nearby residential areas. Its purpose is to designate suitable
locations for nighttime and regional-scale entertainment activity..

Providence, Rhode Island: Providence’s Downtown District includes a concentration of theaters
and venues of varying sizes, including Trinity Repertory Company (two theaters with capacities
of approximately 500 and 250 seats), the Providence Performing Arts Center (~3,100 seats), The
Strand (~1,980 persons), AS220 (~200 persons, and the Amica Mutual Pavilion, a
12,000-14,000-seat arena that hosts Providence College basketball, Providence Bruins minor
league hockey, concerts, and other large events. Since the 1990s, the City has actively promoted
downtown as a hub for arts and entertainment through policies such as artist tax incentives
within the district and significant public investment in the restoration of historic theaters. In
June 2025, Providence leaders introduced state legislation that would allow a $2 surcharge on
tickets sold at venues with capacities of 800 seats or more

Boston, Massachusetts: In Boston, mixed-use and downtown cultural districts treat cultural
uses, such as theaters, concert halls, auditoriums, museums, and performance spaces as either
permitted or incentivized uses. The zoning code includes density bonuses for rehabilitation of
theaters. Boston has a high concentration of venues in its Theater District and the Fenway



 4
 4 OF 76

 Page 14
neighborhood near Fenway Park. Fenway Park holds approximately 37,400 fans and hosts 81
regular-season home games for the MLB’s Boston Red Sox. Attached to Fenway Park is the
5,007-capacity MGM Music Hall and directly across the street is the approximately 2,000-seat
House of Blues. The Theater District itself contains more than 10 venues clustered within a
compact urban area, creating a dense cultural hub.

Austin, Texas: Known as the “Live Music Capital of the World,” Austin features a wide range of
music venues, from small clubs and bars to large theaters and arenas. ACL Live at the Moody
Theater, a 2,750-capacity venue, opened in 2011 and includes an attached smaller venue, ACL Live
at 3TEN, with a capacity of approximately 350. Both venues are part of a larger mixed-use
development on a downtown urban block that includes a hotel and ground-floor retail and is
located directly adjacent to Austin City Hall in the downtown. Performance venues and theaters
are permitted uses in the Downtown Central Business District. Furthermore, Austin encourages
live music by offering a density bonus within the downtown area, where a development includes
the performance of live music at least four days a week in an indoor public or private facility of at
least 2,500 square feet that is open to the general public and readily equipped with sound,
staging, lighting, and safety accoutrements to accommodate professional and semi-professional
live music needs on a daily basis.

Summary of Existing 100-Foot Entertainment Buffer
Portland does have an existing 100-foot buffer within the B-3 Downtown business zone. The
buffer was established in 2007 when the City created the Downtown Entertainment Overlay Zone
(DEOZ) to address public safety issues associated with a concentration of bars in the Old Port. The
legislative intent of the dispersal standard was to address issues specifically associated with
late-night, alcohol-serving establishments, specifically in areas around and near Wharf Street. In
contrast to these types of uses, seated, ticketed venues offer a level of oversight, crowd
management, and operational control that is not typically present in smaller establishments or
bars, which also close later in the evening.

Allowing theaters and performance halls in the downtown is consistent with the City’s
Comprehensive Plan and reinforces downtown Portland’s role as the region’s center for arts,
culture, and commerce. Downtown venues enhance accessibility, attract diverse audiences, and
stimulate economic activity by increasing foot traffic and supporting surrounding businesses.
Under the existing zoning, Portland’s downtown venues , including the State Theatre, Merrill
Auditorium, Cross Insurance Arena, Blue, Portland House of Music, and Port City Music Hall, the
former 550-capacity venue on Congress Street that closed during COVID, demonstrate the success
of this model.

There has been little history of complaints or public safety concerns associated with these types
of venues, unlike the documented issues linked to bars in the Old Port that prompted the creation
of the 100-foot buffer. Furthermore, potential impacts related to site access, circulation, and
traffic are comprehensively reviewed and regulated through the City’s existing regulations and
development review process, which remain sufficient to manage such concerns.

PRIOR COMMITTEE REVIEW


 5
 5 OF 76

 Page 15
Housing & Economic Development Committee - November 18, 2025.
 ●​ The Housing & Economic Development Committee reviewed and discussed a proposed
 Land Use Code amendment co-sponsored by Councilor Pelletier and Councilor Ali, that
 would remove the existing 100-foot buffer for businesses with an entertainment license
 and replace it with a 750-foot buffer for large entertainment businesses, defined as venues
 with seating capacities of 1,000 or more, within the B-3 and Waterfront Central zones.

NEXT STEPS
This item is presented for discussion and direction. If the Committee supports the option
presented, provides guidance on any revisions, and recommends moving the amendment
forward, the proposed text amendment would be referred to the Planning Board for review and
recommendation. Following the Planning Board’s action, the amendment would then advance to
the full City Council for consideration and final decision.

PREPARED BY

Kevin Kraft, AICP Matt Grooms
Director Deputy Director
Planning & Urban Development Planning & Urban Development


ATTACHMENTS
Attachment A – Redline Text Amendment
Attachment B - 750’ Buffer Theaters & Performance Halls




 6
 6 OF 76

 Page 16
 Attachment A

Draft
 DEFINITIONS




 3 DEFINITIONS regulations that does not vary significantly from this
 amount.
 Adjacent grade (within the floodplain). For the
 purposes of calculating floor elevation in areas of After-hours entertainment license. Any of the
 special flood hazard, the natural elevation of the music, dancing, and special entertainment licenses
 ground surface prior to the construction next to the required or authorized by Chapter 4, Article III of
 proposed wall of a structure. the City of Portland Code of Ordinances.


 Adult business establishment. Any business, Agriculture. Land and associated structures used
 including but not limited to any bookstore, for the growing of crops and raising of
 newsstand, novelty store, nightclub, bar, cabaret, domesticated animals to provide food and other
 amusement arcade, or theater, which: products for sale, personal consumption, donation,
 A. Keeps for public patronage or permits or allows and/or educational purposes. Agriculture includes
 the operation of any adult amusement device single-family dwellings and any additional dwellings
 as defined in Chapter 4 of the City of Portland that are accessory to the principal use of
 Code of Ordinances; or agriculture. Agriculture also includes farmstands
 B. Customarily, meaning more often than an used to sell crops grown on the premises.
 average of one calendar week during any
 calendar month of operation, exhibits motion Airport. Land, water, or any human-made object or
 pictures or displays any other visual facility located thereon, which is used or intended
 representation described or advertised as being to be used for landing and takeoff of aircraft, and
 “X rated” or “for adults only,” or which any appurtenant areas that are used or intended to
 customarily excludes persons from any portion be used for airport buildings or other airport
 of the premises by reason of immaturity of age facilities or rights-of-way, together with all airport
 by the use of such, or similar, phrases; or buildings and facilities located thereon. Airports
 C. Is adjudged to be in violation of 17 M.R.S. §§ may include airport administration, terminals,
 2911, 2912. carrier operations, concessions, reservations and
 ticket sales, freight, repair and storage, fueling
 Affordable housing. Housing for which the services, flying schools, car rental operations, and
 percentage of income a household is charged in other associated uses.
 rent and other housing expenses (including utilities
 such as electric, heat, water, sewer, and/or trash Airport restricted access areas. Runways,
 that the household pays separately from rent) or taxiways, and other areas of an airport accessible to
 must pay in ownership cost (including but not aircraft, whether access is restricted by the Federal
 limited to mortgage payments, condominium/HOA Aviation Administration or not.
 fees, mortgage insurance, other insurance, and real
 estate taxes), does not exceed 30% of a household’s Alley. Any way designed primarily for vehicular and
 income, or other amount established in City pedestrian or utility access to the back or side of



 CITY OF PORTLAND LAND USE CODE | 3-1
 7 OF 76

 Page 17
DEFINITIONS




premises otherwise abutting on a street, except to charging electric vehicles, or providing motor
driveways unless officially designated otherwise. vehicle repairs including, but not limited to, tune-
 ups, engine repair, brake work, muffler replacement,
Animal-related services. Establishments principally tire repair, or similar activities. Such businesses may
for the training, daycare, or boarding of animals. also include car-washes and/or vacuums.
Such uses shall not include veterinary services.
 Bar. Any establishment required to be licensed to
Approval. An affirmative decision on an application, sell alcoholic beverages for on‑premises
including an approval with conditions. consumption, which is not regularly used for the
 purpose of providing full meals, as defined in Title
Appurtenance. A device or structure not designed 28‑A of the Maine Revised Statutes, on the
for human occupancy and attached to the exterior premises.
of a building.
 Base flood. The flood having a 1% chance of being
Archaeological site. A bounded geographic hereof or exceeded in any given year (i.e., a 100-year
location containing the physical evidence of storm).
previous human occupation including but not
limited to structures, artifacts, graphics (paintings Basement. Area of building that includes a floor
or drawings) and discarded material including plants that is subgrade (below ground level) on all sides.
or animals.
 Bed and breakfast. A detached dwelling that
Area of shallow flooding. Area designated AO and contains no more than nine guest rooms; is used to
AH zone on the Flood Insurance Rate Map (FIRM) provide or offer overnight accommodation for
with a 1 % or greater annual chance of flooding to transient guests; has an owner, manager, or
an average depth of one to three feet where a operator living in the building as a permanent
clearly defined channel does not exist, where the resident; does not provide cooking facilities in any
path of flooding is unpredictable, and where of the guest rooms; and provides meals on-site.
velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow. Beverage container redemption center. A facility
 established with the primary purpose of accepting
Area of special flood hazard. The land in the empty beverage containers from consumers and
floodplain having a 1% or greater chance of flooding paying or otherwise providing the refund value of
in any given year as specifically identified in the such containers.
most recently adopted FEMA Flood Insurance Study
for the City of Portland. Breakaway wall. A wall that is not part of the
 structural support of the building and is intended
Auto service station. A business selling fuel for through its design and construction to collapse
vehicles and propane, or providing services specific under specific lateral loading forces, without



3-2 | CITY OF PORTLAND LAND USE CODE
 8 OF 76

 Page 18
 DEFINITIONS




damage to the elevated portion of the building or enclosed area with roof or common wall, it shall be
supporting foundation system. considered as a part of the principal building.


Building. A roofed and walled structure built for Child care center. Per 22 M.R.S. §8301-A(1-A)(A), a
permanent use. child care center is a house or other place in which
 a person maintains or otherwise carries out a
Building (within Article 16). A human-made regular program, for consideration, for any part of a
construction created to shelter human activity, such day providing care and protection for 13 or more
as a house, barn, church, hotel or similar structure. children under 13 years of age; or any location or
Building may refer to a historically related complex locations operated as a single child care program or
such as a courthouse and jail or a house and barn. by a person or persons when there are more than 12
 children being cared for.
Building, accessory. A detached roofed and walled
structure that is incidental and subordinate in area Child care facility, small. Per 22 M.R.S. §8301-A(1-
and extent, and/or use to the principal building(s) on A)(E), a small child care facility is a house or other
the property. A lot may have more than one place, not the residence of the operator, in which a
accessory building. person maintains or otherwise carries out a
 regularly scheduled program, for any part of a day,
Building addition. Any increase to footprint, floor providing care and protection for 3 to 12 children
area, or volume of an existing building. between 6 weeks and 12 years of age.


Building alteration. A change or rearrangement in Clinic. Any establishment where patients are
the structural supports, exterior appearance, or examined and treated by one or more health care
removal of features otherwise affecting the exterior providers, such as, but not limited to, physicians,
appearance of a building. dentists, psychologists, or social workers. Clinics
 may include laboratory services and facilities for
Buildings, attached. Two or more independent ambulatory or outpatient surgical procedures.
buildings that share at least one common party wall
but have full building separation and independent Coastal AE Zone. The portion of the coastal high
principal entries; not free-standing. Attached hazard area with wave heights between 1.5 feet and
buildings may or may not have common ownership. 3.0 feet and bounded by a line labeled the “Limit of
 Moderate Wave Action” (LiMWA) on a Flood
Building, principal. The main roofed and walled Insurance Rate Map (FIRM). VE Zone floodplain
structure on a lot having the predominant area, construction standards are applied to development,
extent, and/or use. A lot may have more than one new construction, and substantial improvements in
principal building. When a garage is attached to the the Coastal AE Zone.
principal building in a substantial manner as by an




 CITY OF PORTLAND LAND USE CODE | 3-3
 9 OF 76

 Page 19
DEFINITIONS




Coastal high hazard area. An area of special flood Community hall. A building or portion of a building
hazard extending from offshore to the inland limit used for social, recreational, artistic, civic, or
of a primary frontal dune along an open coast and educational community functions. Such a facility
any other area subject to high velocity wave action would be open to the public for such functions,
from storms or seismic sources. Coastal high which, for example, could include but not be limited
hazard areas are designated as Zone VE and Zone to performances, dance, exhibitions, cultural
AE bounded by a line labeled “Limit of Moderate exchange, training programs and workshops,
Wave Action” (LiMWA) on a Flood Insurance Rate neighborhood meetings, or gatherings. As part of
Map (FIRM). these functions and activities, it shall be permissible
 to serve food, subject to other applicable codes and
Coastal wetland. All tidal and subtidal lands; all ordinances. A community hall may also be referred
lands with vegetation present that is tolerant of salt to as a neighborhood center.
water and that occurs primarily in a salt water or
estuarine habitat; and/or any swamp, marsh, bog, Condominium. Any interest in real estate created
beach, flat, or other contiguous low land that is pursuant to the Unit Ownership Act, 33 M.R.S. § 560
subject to tidal action during the highest tide level et seq., or its equivalent, as it may from time to time
for the year in which an activity is proposed as be amended.
identified in tide tables published by the National
Ocean Service. Coastal wetlands may include Construction and engineering services. Offices
portions of coastal sand dunes. for businesses in the conduct of any landscape or
 building trade or craft, together with land and/or
Commercial vessel. Any watercraft used principally structures used for the storage of equipment,
in a business or trade, including common carriers of vehicles, machinery, and/or materials related to and
passenger or freight, whether for governmental, used by the trade or craft. Construction and
nonprofit, or emergency purposes, but not engineering services with no storage of equipment,
including pleasure craft used principally for vehicles, machinery, and/or materials are considered
recreational purposes. general office uses.

Common circulation drives. Private driveways, Containment wall. Wall surrounding all sides of an
roadways and circulation areas accessible to all on- above ground tank to contain any spills or leaks.
site tenants and/or occupants of a lot within the
Waterfront Central Zone providing access from/to Critical systems. Mechanical, electrical, plumbing,
the public street network. fire protection, life safety, and communication
 systems required for the uninterrupted and safe
Communication studio. A commercial or public operation and occupancy of a building.
communication facility, including radio and
television broadcasting and receiving stations and Cultural facility. A facility open to the public,
studios. providing access to cultural exhibits and activities



3-4 | CITY OF PORTLAND LAND USE CODE
 10 OF 76

 Page 20
 DEFINITIONS




including but not limited to museums, cultural or Dwelling, multi-family. A single building containing
historical centers, non-commercial galleries. A five or more dwelling units.
cultural facility may include accessory services such
as, but not limited to, retail sales of related items. Dwelling, multi-family conversion. A single
 building containing five or more dwelling units,
Disturbed area. All land areas of a site that are converted from an existing dwelling of four or fewer
stripped, graded, grubbed, filled, excavated, or units, or an existing structure in nonresidential use.
substantially altered to accommodate construction
activity which results in permanent or long-term Dwelling, single‑family. A single building
alteration of the land. containing one dwelling unit.

Drive-through. A facility which provides a service Dwelling, three-family. A single building containing
directly to a motor vehicle occupant and where the three dwelling units.
customer drives a motor vehicle onto the premises
and to a window or mechanical device through or Dwelling, townhouse. A structure consisting of
by which the customer is served with or without two or more dwelling units, the interior of which is
exiting the vehicle. Drive-throughs do not include configured in a manner such that dwelling units are
major or minor auto service stations. attached horizontally, separated by a party wall, and
 each dwelling unit is located on a separate lot with a
Drive-through features. Features associated with separate exterior entrance.
drive-throughs including but not limited to
designated travel or stacking lanes, intercom Dwelling, two‑family. A single building containing
systems, menu boards, service windows, kiosks, two dwelling units.
mechanical devices, etc.
 Dwelling unit. One or more rooms forming a single
Dwelling, four-family. A single building containing unit for habitation by one family, including food
four dwelling units. preparation, living, sanitary, and sleeping facilities.


Dwelling, live/work. A principal structure that Dwelling unit, accessory. A dwelling unit
combines a dwelling unit with a permitted subordinate in size to the principal residential
commercial use that is used by one or more of the structure(s) on a lot and located either within the
residents. A live/work dwelling may also include the principal residential structure(s) or in an accessory
combination of a dwelling unit with arts-related structure.
activities, such as painting, photography, sculpture,
music, and film, used by one or more of the Earth-moving activity. Any removal or placement,
residents. Live/work dwellings are subject to the excavation, filling, stockpiling, or grading of soil,
standards for the individual uses contained within earth, loam, sand, gravel, rock, and other mineral
this Code. deposits.



 CITY OF PORTLAND LAND USE CODE | 3-5
 11 OF 76

 Page 21
DEFINITIONS




Easement. A right, privilege, or liberty which one include service drops or buildings which are
has in land owned by another for some special and necessary for the furnishing of such services.
definite purpose.
 Exhibition, meeting, and convention halls. An
Elevation certificate. An official form (FEMA form indoor facility for the conduct of exhibitions,
FF-206-FY-22-152, as amended) that is used to verify conventions, or other large gatherings.
compliance with the floodplain management
regulations of the National Flood Insurance Façade. An exterior building wall, from grade to the
Program. top of the parapet or eaves. A facade incorporates
 the full width of a building elevation, including any
Emergency operations. Operations conducted for projections or recesses occurring across an
the public health, safety, or general welfare, such as elevation.
protection of resources from immediate
destruction or loss, law enforcement, and Façade, blank. A building façade that contains
operations to rescue human beings and livestock expanses of wall area with no windows, no
from the threat of destruction or injury. entrances, no articulation, and no other elements or
 features, or is otherwise undifferentiated.
Emergency shelter. A facility providing temporary
overnight shelter to individuals experiencing Family. One or more individuals related by blood,
homelessness in a dormitory‑style or per‑bed marriage, civil union, adoption, or guardianship
arrangement. and/or up to eight unrelated individuals living
 together in a dwelling unit as a single nonprofit
Entrance, principal. A main point of access for housekeeping unit.
pedestrians into a building. Buildings may have
more than one principal entrance. Family child care provider. Per 22 M.R.S. §8301-
 A(1-A)(C), a family child care provider is a person
Essential services. The construction, alteration, or who provides day care in that person's home on a
maintenance of gas, electrical, or communication regular basis, for consideration, for children under
facilities; steam, fuel, electric power, or water 13 years of age who are not the children of the
transmission or distribution lines, towers and provider or who are not residing in the provider's
related equipment; telephone cables or lines, poles, home.
and related equipment; gas, oil, water, slurry, or
other similar pipelines; municipal sewage lines, Farmstand. A temporary structure, used for the
collection, or supply systems; and associated sale of food or non-food crops grown on the
storage tanks. Such systems may include towers, premises.
poles, wires, mains, drains, pipes, conduits, cables,
fire alarms and police call boxes, traffic signals, Fill. Soil, earth, loam, sand, gravel, rock and other
hydrants, and similar accessories, but shall not mineral deposits.



3-6 | CITY OF PORTLAND LAND USE CODE
 12 OF 76

 Page 22
 DEFINITIONS




Filling. The placement of soil, earth, loam, sand, Flood boundary and floodway map. The official
gravel, rock and other mineral deposits. Filling shall map issued by the Federal Emergency Management
include stockpiling. Agency (FEMA) on which the boundaries of the
 flood have been designated. This may alternatively
Fixture, fully shielded. A light fixture or luminous be referred to as a flood hazard boundary map.
tube constructed and mounted such that all light
emitted by the fixture or tube, either directly from Flood elevation study. An examination, evaluation,
the lamp, tube, or a diffusing element, or indirectly and determination of flood hazards and, if
by reflection or refraction from any part of the light appropriate, corresponding water surface
fixture, is projected below the horizontal. If the lamp elevations.
or tube, any reflective surface, or lens cover (clear
or prismatic) is visible when viewed from above or Flood insurance rate map. The official map (FIRM)
directly from the side, from any angle around the on which the Federal Emergency Management
fixture or tube, the fixture or tube is not fully Agency (FEMA) has delineated both the areas of
shielded. special flood hazard and the risk premium zones
 applicable to the city.
Flag. A fabric sheet of square, rectangular, or
triangular shape having no enclosing or supporting Floodplain or floodprone area. Any land area
framework that is typically mounted on a pole. susceptible to being inundated by water from any
 source (see Flood or Flooding).
Flood or flooding.
A. A general and temporary condition of partial or Floodplain management. The operation of an
 complete inundation of normally dry land areas overall program of corrective and preventive
 from: measures for reducing flood damage, including but
 1. The overflow of inland or tidal waters. not limited to emergency preparedness plans, flood
 2. The unusual and rapid accumulation or control works, and floodplain management
 runoff of surface waters from any source. regulations.
B. The collapse or subsidence of land along a
 shore of a lake or other body of water as a Floodplain management regulations. Zoning
 result of erosion or undermining caused by ordinances, subdivision regulations, building codes,
 waves or currents of water exceeding health regulations, special purpose ordinances
 anticipated cyclical levels or suddenly caused by (such as a floodplain ordinance, grading ordinance,
 an unusually high water level in a natural body and erosion control ordinance), and other
 of water, accompanied by a severe storm, or by applications of police power. The term describes
 an unanticipated force of nature, such as a flash such state or local regulations, in any combination
 flood or an abnormal tidal surge, or by some thereof, which provide standards for the purpose of
 similarly unusual and unforeseeable event flood damage prevention and reduction.
 which results in flooding as defined above.



 CITY OF PORTLAND LAND USE CODE | 3-7
 13 OF 76

 Page 23
DEFINITIONS




Floodproofing. Any combination of structural or or of less than ten acres that is depicted on the
nonstructural additions, changes, or adjustments to Shoreland Zoning map.
structures which reduce or eliminate flood damage B. Inundated or saturated by surface or ground
to real estate or improved real estate, to water and water at a frequency and for a duration
sanitary facilities, structures, and their contents. sufficient to support, and which under normal
 circumstances do support, a prevalence of
Floodway encroachment lines. The lines marking wetland vegetation typically adapted for life in
the limits of floodways on federal, state, and local saturated soils.
floodplain maps. Freshwater wetlands may contain small stream
 channels or inclusions of land that do not conform
Foundation. The supporting substructure of a to the criteria of this definition.
building or other structure, excluding wooden sills
and post supports, but including basements, slabs, Functionally-dependent use (within the
frost walls, or other base consisting of concrete, floodplain). A use that cannot perform its intended
block, brick, or similar material. purpose unless it is located or carried out in close
 proximity to water. The term includes only docking
Forested wetland. A freshwater wetland facilities, port facilities that are necessary for the
dominated by woody vegetation that is six meters loading and unloading of cargo or passengers, and
(approximately 20 feet) tall or taller. ship building and ship repair facilities, but does not
 include long-term storage or related manufacturing
Freeboard. A factor of safety usually expressed in facilities.
feet above a flood level for purposes of floodplain
management. Freeboard tends to compensate for Garage/yard sale. A temporary event held on
the many unknown factors, such as wave action, residential property, during which the owner or
bridge openings, and the hydrological effect of occupant offers used personal items, such as
urbanization of the watershed, which could clothing, furniture, and household goods, for sale to
contribute to flood heights greater than the height the public.
calculated for a selected size flood and floodway
conditions. General office. An office for the conducting or
 managing of a business or the practice of a
Freshwater wetland. Freshwater swamps, profession, including that of a licensed health care
marshes, bogs, and/or similar areas which are both: provider, so long as such office does not include
A. Of ten or more contiguous acres or of less than laboratory services and facilities for ambulatory
 ten contiguous acres and adjacent to a surface surgical procedures. Such an office may or may not
 water body except for any river, stream or offer services to the public. An office is not
 brook such that, in a natural state, the materially involved in fabricating, assembling, or
 combined surface area is in excess of ten acres warehousing of physical products for the retail or




3-8 | CITY OF PORTLAND LAND USE CODE
 14 OF 76

 Page 24
 DEFINITIONS




wholesale market, nor engaged in the repair of Heliport. An area used for the landing of
products or retail services. helicopters at any location other than an airport.
 Such area shall include a landing area or pad, and
General services. Establishment primarily engaged may include parking required for access to the
in rendering frequent or recurring services to landing area or pad, a loading and unloading area for
persons or business on a fee basis, including but not emergency vehicles, and other related facilities
limited to banks, health clubs, laundries, beauty other than maintenance and repair facilities.
shops, barber shops, nail salons, electronics repair
shops, and the like. Highest Astronomical Tide. The elevation of the
 highest predicted astronomical tide expected to
Greenhouse/nursery (retail). An establishment occur at a specific tide station over the National
where flowers, shrubbery, trees, and other Tidal Datum Epoch, or NTDE.
horticultural and floricultural products are
propagated and sold, which may include gardening Historic rehabilitation. The act or process of
and landscape supplies and products, such as making possible a compatible use for a property
hardware, garden tools and utensils, paving stones through repair, alterations, and additions while
and bricks, bulk materials such as mulch, straw, and preserving those portions or features which convey
stone, and other related items for sale. its historical, cultural, or architectural values.

Green roof. A roof of a building that is partially or Hospital. An institution providing health services,
completely covered with vegetation and designed to primarily on an inpatient basis, and medical or
meet the Maine Stormwater Best Management surgical care of the sick or injured, including as an
Practices Manual standards and recommendations. integral part of the institution such related facilities
A green roof installation must serve the purpose of as laboratories, outpatient departments, training
reducing stormwater runoff through retention or facilities, central service facilities, and staff offices.
slowing and consist of an assembly that at a
minimum includes a root repellent system, a Hostel. An overnight lodging facility for transient
drainage system, a filtering layer, a growing medium guests that provides sleeping rooms and common
and plants, and shall be installed on a waterproof spaces for cooking. A hostel shall not be used as an
membrane. emergency shelter.

Ground cover. Small plants, fallen leaves, needles Hotel. A commercial facility that provides sleeping
and twigs, and the partially decayed organic matter accommodation for a fee and customary lodging
of the forest floor. services. Related accessory uses may include, but
 are not limited to, meeting facilities, restaurants,
Group home. A housing facility for 9 to 12 persons bars, and recreational facilities for the use of guests.
with disabilities that is approved, authorized, A hotel has common facilities for reservations,
certified, or licensed by the State.



 CITY OF PORTLAND LAND USE CODE | 3-9
 15 OF 76

 Page 25
DEFINITIONS




cleaning services, combined utilities, and on-site Industrial, low-impact. Industrial activity involving
management and reception. the manufacturing, packaging, assembly, or
 distribution of finished or semi-finished products
Impervious surface. Area covered with low- from previously prepared material, where such
permeability material that is highly resistant to activities are conducted wholly within an enclosed
infiltration by water, such as asphalt, concrete, or building. Low-impact industrial uses do not include
rooftop, and areas such as gravel roads and the processing of raw materials or salvaging
unpaved parking areas that will be compacted operations. Low-impact industrial uses are generally
through design or use to reduce their permeability. compatible, due to their size and nature of impact,
Common impervious surfaces include, but are not with residential, commercial and other low impact
limited to, rooftops, walkways, patios, driveways, industrial uses.
parking lots or storage areas, concrete or asphalt
paving, gravel roads, packed earthen materials, and Intermodal transportation facility. A facility
macadam or other surfaces which similarly impede where two or more modes of transportation
the natural infiltration of stormwater. Pervious intersect, passengers can transfer between modes,
pavement, pervious pavers, pervious concrete, and and basic passenger amenities are provided.
underdrained artificial turf fields are all considered
impervious. Kitchen facilities. Facilities used for the
 preparation of meals, including refrigerators and
Impound lot. A facility that provides temporary devices used for the cooking and preparation of
outdoor storage for vehicles that are to be claimed food.
by titleholders or their agents. An impound lot is
typically used for the storage of wrecked motor Laboratory and research facility. A building or
vehicles usually awaiting insurance adjustment or group of buildings used for the purpose of
transport to a repair shop. Impound lot does not conducting research, investigation, testing, and
include impound facilities owned and used by experimentation in any field of science, medicine, or
governmental authorities. technology and including facilities such as but not
 limited to administrative offices, laboratories, and
Industrial, high-impact. Industrial activity involving service or machine shops to serve the facility.
the manufacturing, packaging, assembly, or Laboratory and research facilities do not include
distribution of finished or semi-finished products manufacturing of products for sale.
from either raw materials or previously prepared
material which are generally incompatible with Limit of Moderate Wave Action (LiMWA). The
residential, commercial, and lower-impact industrial landward limit of the 1.5 foot breaking wave within a
uses and sensitive natural areas due to their high Coastal AE Zone. These areas are bounded by a line
generation of traffic, noise levels, emissions, lighting, labeled “Limit of Moderate Wave Action” (LiMWA)
and odors. High-impact industrial includes fish- on a Flood Insurance Rate Map (FIRM). The LiMWA
waste processing. line delineates that portion of the Special Flood



3-10 | CITY OF PORTLAND LAND USE CODE
 16 OF 76

 Page 26
 DEFINITIONS




Hazard Area (SFHA) landward of a VE zone in which separately described in a deed or on a plan
the principal sources of flooding are astronomical recorded in the Cumberland County Registry of
high tides, storm surges, or tsunamis, not riverine Deeds; b) a contiguous combination of such lots
sources. These areas may be subject to wave under common ownership and designated as one
effects, velocity flows, erosion, scour, or unit for development; or c) a newly established
combinations of these forces. The floodplain parcel meeting all the dimensional requirements of
development and construction standards for VE the zone in which it is located.
Zones will be applied in the Coastal AE Zone.
 Lot, nonconforming. A lot which, at the effective
Locally-established datum. For purposes of the date of adoption or amendment of this Code, does
floodplain ordinance, an elevation established for a not meet the minimum lot area or minimum street
specific site to which other elevation at the site are frontage requirements of the zone in which it is
referenced. This elevation is generally not located.
referenced to the National Geodetic Vertical Datum
(NGVD), North American Vertical Datum (NAVD), Lot, through. A lot that fronts upon two parallel
or any other established datum and is used in areas streets, or which fronts upon two streets which do
where mean sea level data is too far from a specific not intersect at the boundaries of the lot.
site to be practically used.
 Lot, flag. A lot platted so that the main building site
Lodging house. A house, building or portion area (the “flag”) is set back from the street on
thereof containing five or more rooming units, as which it fronts, and includes an access strip (the
well as common areas, and providing such units to “pole”) connecting the main building site with the
individuals on not less than a monthly basis for street.
compensation.


Lodging house common areas. Portions of a
lodging house which are available for use by
residents of the lodging house. Lodging house
common areas shall include, but are not limited to,
one or more of the following: kitchens, living rooms,
recreation rooms, improved basements, and
finished porches. Bathrooms, stairways, hallways,
and storage areas shall not be counted as lodging
 FIGURE 3-A: FLAG LOT
house common areas.

 Lowest floor (within the floodplain). The lowest
Lot. A lawfully created parcel or area of land that is
 floor of the lowest enclosed area (including
designated as an individual unit for use,
 basement). An unfinished or flood resistant
development, or ownership that is either: a)



 CITY OF PORTLAND LAND USE CODE | 3-11
 17 OF 76

 Page 27
DEFINITIONS




enclosure, usable solely for parking of vehicles, binding agreement for future sales for the
building access, or storage, in an area other than a applicable length of time in this ordinance.
basement area, is not considered a building’s lowest
floor, provided that such enclosure is not built so as Marijuana cultivation facility. A cultivation facility
to render the structure in violation of the applicable required to be licensed pursuant to 28-B M.R.S. §
non-elevation design requirements of Article 12. 201 or any other facility engaged primarily in the
 business of planting, propagation, growing,
Low-income household. A household having an harvesting, drying, curing, grading, trimming, or
income not exceeding 80% of median income for other processing of marijuana, including mature
area of residence as set forth in regulations marijuana plants, immature marijuana plants,
promulgated from time to time by the United States seedlings, and marijuana seeds, for use or sale.
Department of Housing and Urban Development
pursuant to 42 U.S.C. sections 1437 et seq. Marijuana manufacturing facility. A
 manufacturing facility required to be licensed
Low-income housing unit for rent. A dwelling unit pursuant to 22 M.R.S. § 2423-F or 28-B M.R.S. § 201.
for which:
A. The rent is affordable to a household earning Marijuana, plant canopy. As defined by 28-B M.R.S.
 80% or less of Area Median Income (AMI) as § 102.
 defined by the United States Department of
 Housing and Urban Development (HUD). Marijuana product. As defined by 22 M.R.S. § 2422
B. The unit is rented to a household earning 80% or 28-B M.R.S. § 102.
 or less of AMI.
C. The requirements of (A) and (B) above are Marijuana, registered dispensary. A registered
 limited by deed restriction or other legally medical marijuana dispensary as defined by 22
 binding agreement for the applicable length of M.R.S. § 2422.
 time in this ordinance.
 Marijuana, registered patient. As defined by 22
Low-income housing unit for sale. A dwelling unit M.R.S. § 2422.
for which:
A. The sale price is affordable to a household Marijuana retail store. A retail establishment
 earning 100% or less of Area Median Income licensed to sell marijuana, marijuana products,
 (AMI) as defined by the United States immature marijuana plants, and seedlings to adult
 Department of Housing and Urban use or medical marijuana customers. A marijuana
 Development (HUD). retail store is only authorized as a principal use, and
B. The unit is sold to a household earning 100% or is not permitted as an accessory use. A marijuana
 less of AMI. retail store shall not include a registered dispensary.
C. The requirements of (A) and (B) above are
 limited by deed restriction or other legally



3-12 | CITY OF PORTLAND LAND USE CODE
 18 OF 76

 Page 28
 DEFINITIONS




Marijuana, small-scale caregiver. A registered Mean high tide. The mean height of tidal high
caregiver who sells or dispenses marijuana to no waters at a particular point or station over a period
more than five individual registered patients in any of time to such length that increasing its length
one calendar month; does not process or does not appreciably change this mean. For tidal
manufacture marijuana using chemicals or solvents; waters, the cycle of change covers a period of 19
and cultivates no more than: 1) 250 square feet of years, and mean high tide is defined as the average
plant canopy where located in a single-family of the high waters over a 19-year period.
dwelling or commercial space; or 2) 125 square feet
of plant canopy where located in a dwelling unit Mean sea level (within the floodplain). For
within a two-family or multi-family building. purposes of the National Flood Insurance Program,
 the National Geodetic Vertical Datum (NGVD) of
Marijuana testing facility. A facility licensed to 1929, North American Vertical Datum (NAVD), or
develop, research and test marijuana, marijuana other datum, to which base flood elevations shown
products and other substances as defined by 22 on the City’s FIRM are referenced.
M.R.S. § 2422 or 28-B M.R.S. § 102.
 Mid-block permeability. A continuous, open-air
Marina. A commercial operation providing floats, corridor at least 20’ in width that physically or
slips, and piers intended primarily for berthing of visually connects two streets or public rights-of-way
noncommercial vessels and the provision of related and provides a break in the street wall. The corridor
services such as supplies, fuel, equipment and must be unobstructed and open to the sky.
repairs, which may be provided both to tenants and
non-tenants. Moderate-income household. A household having
 an income not exceeding 120% of median income
Market garden. An area of land or a facility, for area of residence as set forth in regulations
managed and maintained by an individual, group, or promulgated from time to time by the United Sates
business to grow and harvest food and non-food Department of Housing and Urban Development
crops to be sold for profit on-site, off-site, or both. pursuant to 42 U.S.C. sections 1437 et seq.
Market gardens may be located outdoors or fully
enclosed within a permanent building. Market National Geodetic Vertical Datum (NGVD). The
gardens do not include the cultivation of marijuana. national vertical datum, a standard established in
 1929, which is used by the National Flood Insurance
Market value. The estimated price a property will Program (NFIP). NGVD is based upon mean sea
bring in the open market and under prevailing level in 1929 and also has been called “1929 Mean
market conditions in a sale between a willing seller Sea Level (MSL)”.
and a willing buyer, both conversant with the
property and with prevailing general price levels. Neighborhood nonresidential reuse. Select
 nonresidential uses located within a residential
 neighborhood to serve nearby residents, and



 CITY OF PORTLAND LAND USE CODE | 3-13
 19 OF 76

 Page 29
DEFINITIONS




occupying a structure which is nonresidential in its subsidence, and the increasing use of satellite
original construction and/or current principal use. technology.


Non-commercial vessel berthing. The use of Object (within Article 16). A material thing of
berthing space for berthing of watercraft other than functional, aesthetic, cultural, historical, or scientific
commercial vessels. Berthing space used in the value that may be, by nature or design, movable yet
following manner shall not be included in the related to a specific setting or environment.
calculation of the number of linear feet under this
use category: Office park. A development of one or more
A. Space used principally for sale or repair of buildings designed to accommodate offices,
 vessels. laboratory and research facilities, high-tech
B. Commercial vessel tenant space used by a manufacturing, and similar uses with no outdoor
 noncommercial vessel for a period not storage. An office park may also include hotels,
 exceeding ten consecutive days while the medical/dental offices, and supportive commercial
 primary commercial vessel tenant is conducting uses for the primary convenience of office park
 its business or trade. workers and visitors, including limited retail, general
 services, financial institutions, child care centers and
Normal high-water line (non-tidal waters). That small child care facilities, and restaurants.
line which is apparent from visible markings,
changes in the character of soils due to prolonged Off-peninsula. All land located north of I-295.
action of the water or changes in vegetation, and
which distinguishes between predominantly aquatic 100-year flood. See base flood.
and predominantly terrestrial land. Areas
contiguous with rivers that support non-forested On-peninsula. All land located south of I-295.
wetland vegetation and hydric soils and that are at
the same or lower elevation as the water level of the Open space. Land and water areas designed and
river during the period of normal high-water are reserved for use as active or passive recreation
considered part of the river. areas or for preservation purposes.


North American Vertical Datum (NAVD). The Open space, public. Open space maintained for
national datum whose standard was established in the use of the general public. Public open space may
1988, which is the new vertical datum used by the include parks, plazas, and public seating areas.
National Flood Insurance Program (NFIP) for all
new Flood Insurance Rate Maps. NAVD is based Outlet stream. Any perennial or intermittent
upon vertical datum used by other North American stream, as shown on the most recent highest
countries such as Canada and Mexico and was resolution version of the national hydrography
established to replace NGVD because of constant dataset available from the United States Geological
movement of the earth’s crust, glacial rebound and Survey on the website of the United States



3-14 | CITY OF PORTLAND LAND USE CODE
 20 OF 76

 Page 30
 DEFINITIONS




Geological Survey or the national map, that flows Post-secondary school. A facility for post-
from a freshwater wetland. secondary higher learning that grants associate or
 bachelor's degrees. The institution may also have
Owner. Any person that has any interest, legal or research facilities and/or professional schools that
beneficial, in any parcel or lot. grant master and doctoral degrees. Post-secondary
 schools may also include additional uses as part of
Park. A noncommercial public facility that serves the principal use, such as dormitories, cafeterias,
the recreational needs of residents and visitors. Park restaurants, retail sales, indoor or outdoor
includes, but is not limited to, playgrounds, recreational facilities, preschool facilities, and similar
ballfields, golf courses, gymnasiums, playing fields, uses.
courts, dog parks, skateboard parks, pools,
community gardens, marinas, sports complexes, and Private club or non-profit social and recreational
passive recreation areas. Parks may also include facility. A private club or nonprofit social and
non-commercial indoor or outdoor facilities, recreational facility is open exclusively to members
including zoos and amphitheaters, accessory and to their bona fide guests accompanying them,
services such as, but not limited to, restaurant and in order to promote fellowship, social living, proper
retail establishments, and temporary outdoor uses recreation, civic responsibility, neighborhood
such as festivals and performances. responsibility, community welfare, or other
 endeavors. It shall be permissible to serve food and
Party wall. Any partition wall common to two meals on such premises provided adequate dining
adjacent or attached buildings. room space and kitchen facility are available and are
 provided within all regulations of this Land Use
Place of assembly. A building or portion of a Code and other applicable codes and ordinances.
building used as a community hall, private club,
fraternal organization, or place of religious Real estate project sales office/model unit.
assembly. This definition shall not include buildings A residential unit or other structure within a
or portions of buildings used as a community hall, development that is temporarily used for display
private club or non-profit social and recreational purposes as an example of dwelling units available
facility, or place of religious assembly where eight or for sale or rental in a residential development
fewer people, not including the permanent and/or sales or rental offices for dwellings within the
residents of a single-family dwelling, assemble. A development.
place of assembly may include accessory uses, such
as childcare facilities or preschools, meeting rooms, Recent floodplain soils. Recent floodplain soils
 include the following soil series as described and
food preparation and dining areas, auditoriums,
 identified by the National Cooperative Soil Survey:
and/or classrooms.
 Alluvial. Charles, Cornish, Fryeburg, Hadley,
 Limerick, Lovewell, Medomak, Ondawa, Podunk,
 Rumney, Saco, Suncook, Sunday, and Winooski.



 CITY OF PORTLAND LAND USE CODE | 3-15
 21 OF 76

 Page 31
DEFINITIONS




Recreational vehicle. A vehicle that is: river or other watercourse and the adjacent land
A. Built on a single chassis; areas to a distance of 1/2 the width of the floodplain,
B. 400 square feet or less when measured at the as measured from the normal high-water mark to
 largest horizontal projection, not including the upland limit of the floodplain.
 slideouts;
C. Designed to be self-propelled or permanently Relocation. The act or process of taking a structure
 towable by a motor vehicle; or object and moving it from its current location or
D. Designed primarily not for use as a permanent orientation to a new location or orientation.
 dwelling but as temporary living quarters for
 recreational, camping, travel, or seasonal use; Riverine. Relating to, formed by, or resembling a
 and river (including tributaries), stream, brook, etc.
E. Registered as a motor vehicle with tires
 attached and on the ground. Residential care facility (small). A facility which
 provides, on a regular basis, medical or non-medical
Recreation and amusement center. A facilities care and services for up to 16 individuals in separate
equipped for the conduct of sports and athletic dwelling or rooming units. Said facility must be
events or leisure time recreation activities. Such licensed as a board care, residential care facility or
facilities may limit admission either to members or equivalent pursuant to the regulations promulgated
to persons paying an entrance fee. Recreation and by the State of Maine Department of Health and
amusement centers may be indoor or outdoor. Human Services.
They do not include stadiums.
 Residential care facility (large). A facility which
Recycling facility. A facility engaged exclusively in provides, on a regular basis, medical or non-medical
the collection, separation, recovery and sale or care and services for 17 or more individuals in
reuse of materials that would otherwise be disposed separate dwelling or rooming units. Said facility
of or processed as waste or the mechanized must be licensed as a board care, residential care
separation and treatment of waste, other than facility or equivalent pursuant to the regulations
through combustion, and the creation and recovery promulgated by the State of Maine Department of
of reusable materials other than as a fuel for the Health and Human Services.
generation of electricity.
 Restaurant. Any food service establishment with
Regulatory floodway. The channel of a river or indoor seating capacity for ten or more patrons.
other watercourse and the adjacent land areas that
must be reserved in order to discharge the base Retail. Any shop or store offering goods or
flood without cumulatively increasing the water merchandise to the general public for direct
surface elevation more than a designated height. consumption and not for resale, or food service
When not designated on the Flood Insurance Rate establishment with indoor seating capacity for nine
Map (FIRM), it is considered to be the channel of a



3-16 | CITY OF PORTLAND LAND USE CODE
 22 OF 76

 Page 32
 DEFINITIONS




or fewer patrons. Retail shall not include gasoline, Sea Level Rise-Design Flood Elevation (SLR-
diesel, or propane fuel sales. DFE). The minimum elevation required for
 a finished ground floor level in the Coastal Flood
Riprap. Rocks, irregularly shaped, and at least six Resilience Overlay Zone (CFROZ).
inches in diameter, used for erosion control and soil
stabilization, typically used on ground slopes of two Seedling. A young tree species that is less than four
units horizontal to one unit vertical or less. and one half feet in height above ground level.


River. A free-flowing body of water including its Self-storage facility. A facility for the storage of
associated floodplain wetlands from that point at personal property, where individual renters control
which it provides drainage for a watershed of 25 and access individual storage spaces. Self-storage
square miles to its mouth. facilities may be designed with individual storage
 spaces located within a fully enclosed, climate
Riverine. Relating to, formed by, or resembling a controlled building, with individual storage spaces
river (including tributaries), stream, brook, etc. accessed from the outdoors, or with a combination
 of storage spaces. Administrative offices for the
Roadway. That portion of a street between the facility, and retail sales of related items, such as
regularly established curblines, or that part of a moving supplies may be included.
street or alley devoted to vehicular or bicycle traffic.
 Sexually explicit. The display or depiction of sex
Rooming unit. One or more rooms forming a single organs during actual or simulated sexual intercourse
unit used, or intended to be used, for living and or sexual acts as defined in 17 A M.R.S. § 251.
sleeping purposes by an individual or a family, but
not designed for food preparation. In a suite of Shoreline. The normal high-water line, or upland
rooms, each room that provides sleeping edge of a freshwater or coastal wetland.
accommodation shall be counted as one rooming
unit for the purpose of this chapter. Sidewalk. That portion of a street not included in
 the roadway, and devoted in whole or part to
Sapling. A tree species that is less than two inches pedestrian traffic.
in diameter at four and one half feet above ground
level. Sign. A structure, device, figure, display, message
 placard, or other contrivance, or any part thereof,
Sea Level Rise-Base Flood Elevation (SLR-BFE). situated outdoors or indoors, which is designed,
13 feet NAVD88, or the predicted height of flood constructed, intended, or used to advertise, provide
waters that may occur as the result of a 100 year information in the nature of advertising, provide
storm in conjunction with 3.9 feet of base sea level historical, cultural, archeological, ideological,
rise. political, religious, or social information, or direct or
 attract attention to an object, person, institution,



 CITY OF PORTLAND LAND USE CODE | 3-17
 23 OF 76

 Page 33
DEFINITIONS




business, product, service, message, event, or Sign, building-mounted. Sign attached to,
location by any means, including words, letters, connected to, erected against the wall, parapet, or
figures, designs, symbols, fixtures, colors, or fascia of a building or structure.
illumination.
 Sign, bus shelter. As specified in 23 M.R.S. §1908-A,
Sign, animated. Flashing, blinking, reflecting, any outdoor sign visible to the traveling public from
revolving, or other similar sign with visibly moving public right-of-way that is affixed to a publicly-
or rotating parts or visible mechanical movement of owned bus shelter operated by a transit agency.
any kind.
 Sign, cabinet. A permanent building-mounted or
Sign, awning. Any sign that is part of or attached to freestanding sign with its text and/or logo symbols
an awning over a door, entrance, window, and artwork on a translucent face panel that is
storefront, or outdoor service area. mounted within a metal frame or cabinet that
 contains the lighting fixtures which illuminate the
Sign, A-Frame. A pedestrian-oriented self- sign face from behind.
supporting sign that is not permanently affixed to a
structure or the ground. Sign, canopy. A sign that is printed, painted, or
 affixed to a canopy, typically used to accent building
Sign, bandit. Any advertising sign that is placed on entries.
public property or on private property without the
consent of the property owner or as authorized in Sign, center identification. A sign identifying the
this article. name of a building, office park, or shopping center
 only.
Sign, blade. A permanent, pedestrian-scaled sign
mounted either to the wall of building by means of a Sign, changeable copy. A sign that is designed so
bracket or attached to the underside of a lintel, that characters, letters, numbers, or illustrations can
arch, or other overhead structure above a porch or be manually or mechanically changed or rearranged
walkway and which is typically hung perpendicular without altering the face or surface of the sign. For
to the wall of the building. the purposes of this article, a sign whose message
 changes more than eight times per day is
Sign, building identification. A sign consisting of considered an animated sign and not a changeable
letters or numbers applied to a building wall, copy sign.
engraved into the building material, or consisting of
a sculptural relief which contains the name of the Sign, directional. A sign erected to inform the
building or describes its function, but which does viewer of the approximate route, direction, or
not advertise any individual tenant of the building or location of a facility or use.
any products or services offered.




3-18 | CITY OF PORTLAND LAND USE CODE
 24 OF 76

 Page 34
 DEFINITIONS




Sign, direct illumination. Illumination resulting Sign, incidental. A sign which provides incidental
from light emitted directly from an exposed light information, including security, credit card
bulb or light fixture, and not light diffused through acceptance, business hours, open/closed, directions
translucent signs or reflected from other surfaces to services and facilities, or menus.
such as the ground or building face.
 Sign, individual letter. A cut-out or etched letter
Sign, directory. A permanent sign which provides or logo which is individually mounted on a building
information in a list, roster, or directory format. wall or freestanding sign.


Sign, Electronic Message. A sign or portion of a Sign, internally illuminated. Any sign in which the
sign that utilizes computer-generated messages or source of light is entirely enclosed or backlit (halo)
some other electronic means of changing its within the sign and not directly visible.
characters, letters, numbers, illustrations, display,
color, and/or light intensity, including animated Sign, landmark. A permanent sign indicating
graphics and video, by electronic or automatic individual historic landmarks, local historic districts,
means. An Electronic Message Sign is not a Single- or otherwise determined by the City to have
or Two-Color LED Sign. attained a high degree of community, cultural,
 aesthetic, or historic significance.
Sign, externally-illuminated. A sign whose
illumination is reflected from its source by the sign Sign, logo. A stylized group of letters, words,
surface to the viewer's eye, the source of light not numbers, or symbols used to represent and
being visible to the viewer. (See Section 19.6.3(C).) distinguish a business, product, or organization.


Sign, feather banner. A temporary sign that is Sign, marquee. A permanent sign structure placed
taller than it is wide and made of a flexible material over the entrance to a building and typically used
(typically cloth, nylon, or vinyl) and mounted to a for a theater or other entertainment use.
pole to fly freely.
 Sign, monument. A permanent freestanding sign
Sign, freestanding. A permanent sign that is with a solid base that is at least 60% the width of
erected or mounted on its own self-supporting the sign face.
permanent structure or base detached from any
supporting elements of a building. Sign, off-premise. Any sign that directs attention
 to a business, commodity, service, entertainment,
Sign, fuel pump topper. A temporary sign affixed product, structure, use, or property different from a
to the top of an operable fuel dispensing pump used structure or use existing on the property where the
to advertise goods offered for sale on the same sign is located, and/or any sign on which space is
parcel on which the fuel pump is located. rented, donated, or sold by the owner of said sign




 CITY OF PORTLAND LAND USE CODE | 3-19
 25 OF 76

 Page 35
DEFINITIONS




or property for the purpose of conveying a plane of wall or fascia to which it is affixed or
message. erected.


Sign, permanent. A sign intended to exist for the Sign, wall banner. A temporary sign constructed of
duration of time that the use or occupant is located cloth, bunting, plastic, paper, or similar non-rigid
on the premises. material, and securely attached to the wall or
 support structure for which it is advertising. Flags
Sign, pole. An elevated permanent sign typically are not considered temporary wall banners.
supported by one or two poles, posts, or columns
that do not meet the base width requirements for a Sign, window. A permanent or temporary sign
monument sign. posted, painted, placed, or affixed in or on a
 window, or otherwise exposed to public view
Sign, projecting. A permanent sign that is attached through a window.
to and extends perpendicular from a building from
the wall. Sign, Yard, Type I. A small temporary sign typically
 constructed of corrugated plastic and supported on
Sign, service island canopy. A permanent sign a wire frame used, for example, for advertising by
mounted on or under a service island canopy, local businesses or by election campaigns.
including on a fascia.
 Sign, Yard, Type II. A temporary sign mounted on a
Sign, single-color or two-color LED. A permanent single post installed securely in the ground with a
or temporary sign or portion of a sign composed of small sign hanging from a cross-bar mounted
single-color or two-color LEDs that displays static or parallel to the ground.
changeable sign messages using characters, letters,
and numbers only. Examples of these signs include, Sign, Yard, Type III. A temporary large sign
but are not limited to, "open" or "closed" signs, time mounted on two posts installed securely in the
and temperature" signs, or signs indicating the ground.
number of available spaces in a parking garage.
 Sign copy. Any graphic, word, numeral, symbol,
Sign, temporary. A sign which is intended for a insignia, text, sample, model, device, or combination
limited period of display and which is designed to be thereof that is primarily intended to advertise,
moved easily and is not permanently affixed to a identify, or notify.
structure, sign area, or window.
 Sign face. The exterior surface of a sign, exclusive
Sign, wall. A permanent sign affixed to or erected of structural supports, on which is placed the sign
against the wall or fascia of a building or structure, copy.
with the exposed face of the sign parallel to the




3-20 | CITY OF PORTLAND LAND USE CODE
 26 OF 76

 Page 36
 DEFINITIONS




Sign substructure. The supports, uprights, bracing intended to provide for the collection, storage, and
and/or framework of a sign. distribution of solar energy for heating or cooling,
 electricity generation, or solar/thermal hot water
Site. All contiguous land under the same ownership systems. Solar energy systems shall include the
or control, whether proposed for development or following:
not, except where development is limited to a lot or A. Solar energy system, accessory. A system as
lots within a subdivision. defined above, where power generation is
 incidental to a principal use. Accessory solar
Site (within Article 16). The location of a energy systems include building-integrated or
significant event, an archaeological site, a landscape roof-mounted systems of any size, or ground-
or traditional cultural property, or a building or mounted systems of less than 1,000 square
structure, whether standing, ruined, or vanished, feet in area.
where the location itself maintains historical or B. Solar energy system, minor. A system as
archeological value regardless of the value of any defined above, between 1,000 and 9,999
existing structure. square feet in area, where power generation is
 considered a principal use. Minor solar energy
Social service center. A service establishment that systems may take the form of either a building-
provides assistance for those recovering from integrated or roof-mounted solar array or a
chemical or alcohol dependency; survivors of abuse ground-mounted system.
seeking support; those transitioning from C. Solar energy system, major. A system as
homelessness or prior incarceration; and those with defined above, of 10,000 square feet or more
health and disability concerns. It does not include in area, where power generation is considered
in-patient, overnight, or living quarters for recipients a principal use. Major solar energy systems may
of the service or for the staff. Such service does not take the form of either a building-integrated or
include medical examinations or procedures, or roof-mounted solar array, or a ground-
medical detoxification, dispensing of drugs or mounted system.
medications, or other treatments normally
conducted in a medical office. Solar energy system, building-integrated. A solar
 energy system that is an integral part of a principal
Solar access. Space open to the sun and clear of or accessory building and include, but are not
overhangs or shade, including orientation of limited to, photovoltaic or hot water systems that
buildings and lots to the sun, so as to permit the use are contained within roofing materials, windows,
of active and/or passive solar energy systems on walls, skylights and awnings.
individual properties.
 Solar energy system, ground-mounted. Also
Solar energy system. A complete assembly known as free-standing solar energy systems, a solar
consisting of one or more solar collectors and energy system that is structurally mounted to the
associated mounting hardware or equipment,



 CITY OF PORTLAND LAND USE CODE | 3-21
 27 OF 76

 Page 37
DEFINITIONS




ground. The panels may be stationary or revolving includes preparation, processing, canning, or
and of any size. packaging of food products where all processing is
 completely enclosed and there are no outside
Solar energy system, roof-mounted. A solar impacts. Specialty food service does not include
energy system in which solar panels are mounted production of alcohol.
on top of the structure of a roof either as a flush-
mounted system or as modules fixed to frames Stadium. A commercial structure with tiers of seats
which can be tilted toward the south at an optimal and/or viewing areas around and/or adjacent to a
angle. field, court, or stage, intended to be used for the
 viewing of athletic events, entertainment, concerts,
Solid waste disposal facility. A solid waste facility and other public gathering purposes. Stadiums may
for the incineration or landfilling of solid waste or be indoor or outdoor.
refuse-derived fuel. Facilities that burn material-
separated, refuse-derived fuel, either alone or in Stockpiling. Any placement or creation of piles or
combination with fuels other than municipal solid loads of soil, loam, sand, gravel, rock, or other
waste or refuse-derived fuels, are not solid waste mineral deposits upon a site for the purpose of
disposal facilities. storage, warehousing, or reserving for future use.


Sounds, impulse. Sound events characterized by Stormwater retention area. A pond or basin used
brief excursions of sound pressure, each with a for the permanent storage of stormwater runoff.
duration of less than 1 second.
 Stormwater detention area. A storage area for the
Sounds, tonal. Sound waves usually perceived as a temporary storage of stormwater runoff which
hum or whine because their instantaneous sound does not contain water during non-storm
pressure varies essentially as a simple sinusoidal conditions.
function of time.
 Stream. A free‑flowing body of water from the
Special Flood Hazard Area. See area of special outlet of a great pond or the confluence of two
flood hazard. perennial streams as depicted on the most recent,
 highest resolution version of the national
Specialty food service. A business that specializes hydrography dataset available from the United
in the sale of certain food products and/or the on- States Geological Survey on the website of the
site production of items, such as a delicatessen, United States Geological Survey or the national map
bakery, candy maker, meat market, catering to the point where the stream becomes a river or
business, cheesemonger, coffee roaster, or where the stream meets the Shoreland Zone of
fishmonger, and may offer areas for ancillary retail another water body or wetland. When a stream
sales or eating and drinking areas that serve the meets the Shoreland Zone of a water body or
products processed on-site. Specialty food service wetland and a channel forms downstream of the



3-22 | CITY OF PORTLAND LAND USE CODE
 28 OF 76

 Page 38
 DEFINITIONS




water body or wetland as an outlet, that channel is Structure, nonconforming. A structure which
also a stream. does not meet applicable dimensional requirements
 but which is allowed solely because it was in lawful
Street. A public way established by or maintained existence at the time this Code or subsequent
under public authority, or a way dedicated to the amendments took effect.
use of the public and appearing on the official map
of the city. Structure, principal. The main structure on a lot
 having the predominant area, extent, or use. A lot
Street, cul-de-sac or dead end. A street with only may have more than one principal structure.
one outlet.
 Studios for artists and craftspeople. A facility for
Street line. The line of demarcation between the production of arts and crafts products such as
private property and a street. paintings, sculpture, or other arts, or the practice of
 arts such as music or dance, or the production of
Structure. Anything temporarily or permanently custom, hand-crafted, or limited production of
located, built, constructed, or erected for the products such as furniture, wood, clay, and metal
support, shelter, or enclosure of persons, animals, products, publications, and similar low-impact arts
goods, or property of any kind or anything located, and crafts activities.
built, constructed, or erected on or in the ground or
on another structure. The term includes decks and Subdivision. As defined in 30 A M.R.S. § 4401 and
satellite dishes. Structure does not include fences, 4402.
poles and wiring and other aerial equipment
normally associated with service drops, including Tasting room. A facility for the sampling of beer,
guy wires and guy anchors or subsurface wine, spirits, other alcoholic or non-alcoholic
wastewater disposal systems. Inside the Shoreland beverages, or food.
Overlay Zone, patios and at-grade walkways shall be
considered structures. Telecommunication tower. Radio masts or tower
 structures built primarily to hold
Structure (within Article 16). A human-made telecommunication antennas.
construction built for purposes other than human
shelter. It can be an engineering project large in Temporary contractor’s office and contractor’s
scale, such as a bridge or tunnel. yard. A short-term, portable, or modular structure
 utilized as a watchman's quarters, construction
Structure, accessory. A structure on a lot that is office, or equipment shed during the construction
incidental and subordinate in area, extent, and/or of a new development. This may include a
use to the principal structure on the lot. A lot may contractor's yard where materials and equipment
have more than one accessory structure. are stored in conjunction with a construction
 project.



 CITY OF PORTLAND LAND USE CODE | 3-23
 29 OF 76

 Page 39
DEFINITIONS




Temporary outdoor sales. Temporary uses, which
may include temporary structures where goods are Tree. A woody perennial plant with a well-defined
sold, such as but not limited to arts and crafts fairs, trunk(s) at least two inches in diameter at four and
flea markets, rummage sales, consignment auctions, one half feet above the ground, with a more or less
and holiday sales such as Christmas tree lots and definite crown, and reaching a height of at least 10
pumpkin sales lots. Temporary outdoor sales does feet at maturity.
not include garage/yard sales, or outdoor sales Tree, feature mature. A tree that meets at least
related to a retail goods establishment where such one of the following criteria:
goods are part of the establishment’s regular items A. Any tree that is on the Register of Big Trees
offered for purchase. promulgated by the Maine Department of
 Agriculture, Conservation & Forestry (the “Big
Temporary outdoor storage container. Tree List”)
Temporary self-storage containers, delivered to a B. Certain trees 24” in diameter or greater
residence or business for the purpose of storing (diameter at breast height or DBH) as identified
items, and subsequently picked up and stored at an by the City Arborist
off-site location until scheduled for retrieval. C. Ornamental trees 12” in diameter or greater
 (diameter at breast height or DBH) as identified
Tenant. Any occupant in lawful possession of a by the City Arborist
rental unit, whether by lease, sublease, or otherwise. D. Rare tree specimen to include either a tree
 species classified as rare or endangered at
Theater or performance hall (small). Any either the state or federal level, and/or stands
establishment with a total occupancy of fewer than of native trees that are rare or threatened as
1,000 persons, devoted to showing motion pictures, identified by the City Arborist.
or for dramatic, musical, or live performances.
 Tree, hazard. A tree with a structural defect,
Theater or performance hall (large). Any combination of defects, or disease resulting in a
establishment with a total occupancy of 1,000 or structural defect that under the normal range of
more persons, devoted to showing motion pictures, environmental conditions at the site exhibits a high
or for dramatic, musical, or live performances. probability of failure and loss of a major structural
 component of the tree in a manner that will strike a
Tidal waters. All waters affected by tidal action target. A normal range of environmental conditions
during the highest annual tide. does not include meteorological anomalies, such as,
 but not limited to: hurricanes; hurricane-force
Transient guest. A person who occupies a facility winds; tornados; microbursts; or significant ice
offering accommodations on an overnight basis for storm events. Hazard trees also include those trees
compensation and whose actual occupancy is that pose a serious and imminent risk to bank
limited to no more than 15 days out of any 60‑day stability. A target is the area where personal injury
period. or property damage could occur if the tree or a



3-24 | CITY OF PORTLAND LAND USE CODE
 30 OF 76

 Page 40
 DEFINITIONS




portion of the tree fails. Targets include roads, landward limits of the salt tolerant vegetation
driveways, parking areas, structures, campsites, and and/or the highest astronomical tide level, including
any other developed area where people frequently all areas affected by tidal action. For purposes of a
gather and linger. freshwater wetland, the upland edge is formed
 where the soils are not saturated for a duration
Tree, ornamental. Any tree, shrub, or other plant sufficient to support wetland vegetation, or where
grown primarily for decorative purposes and whose the soils support the growth of wetland vegetation
mature height can be expected to be between three but such vegetation is dominated by woody stems
feet and 25 feet. that are six meters (approximately 20 feet) tall or
 taller.
Tree, shade. Any tree, evergreen or deciduous,
planted primarily for its high crown of foliage and Use. The purpose for which land or structures
whose mature height can be expected to exceed 25 thereon is designed, arranged, or intended to be
feet. occupied, or for which it is occupied, maintained,
 rented, or leased.
Tree, storm-damaged. A tree that has been
uprooted, blown down, is lying on the ground, or Use, nonconforming. Use of buildings, structures,
that remains standing and is damaged beyond the or land which is not allowed in the zone in which it
point of recovery as the result of a storm event. is situated, but which is allowed to remain solely
 because it was in lawful existence at the time this
Tree, street. Tree planted in the public right-of-way Code or subsequent amendments took effect.
and/or private roadway.
 Utility substation. Any sewage or water pumping
Tributary stream. A channel between defined station, electric power substation, transformer
banks created by the action of surface water, which station, telephone equipment enclosures, or other
is characterized by the lack of terrestrial vegetation similar structures owned or operated by a utility.
or by the presence of a bed, devoid of topsoil,
containing waterborne deposits or exposed soil, Vegetation. All live trees, shrubs, ground cover, and
parent material or bedrock; and which is connected other plants including, without limitation, trees both
hydrologically with other water bodies. Tributary over and under four inches in diameter, measured
stream does not include rills or gullies forming at four and one‑half feet above ground level.
because of accelerated erosion in disturbed soils
where the natural vegetation cover has been Vegetation, climate resilient northeast native.
removed by human activity. Plants identified as native to the northeast as
 identified by the Northeast Regional Invasive
Upland edge of a wetland. The boundary between Species & Climate Changes (RISCC) Network or a
upland and wetland. For purposes of a coastal Maine licensed landscape architect.
wetland, this boundary is the line formed by the



 CITY OF PORTLAND LAND USE CODE | 3-25
 31 OF 76

 Page 41
DEFINITIONS




Vegetation, native. Vegetation indigenous to local lands or that require direct access to, or location in,
forests. coastal or inland waters and which cannot be
 located away from these waters. Inside the
Vegetation, non-native invasive species. Species Shoreland Overlay zone, these uses include, but are
of vegetation listed by the Maine Department of not limited to, commercial and recreational fishing
Agriculture, Conservation, and Forestry as being and boating facilities, finfish and shellfish
invasive in Maine ecosystems and not native to processing, fish-related storage and retail and
Maine ecosystems. wholesale fish marketing facilities, waterfront dock
 and port facilities, shipyards and boat building
Veterinary services. An establishment for the facilities, marinas, navigation aids, basins and
treatment of animals, where animals may be channels, shoreline structures necessary for erosion
boarded during their convalescence control purposes, industrial uses dependent upon
 water-borne transportation or requiring large
Very low-income household. A household having volumes of cooling or processing water that cannot
an income not exceeding 50% of median income for reasonably be located or operated at an inland site,
area of residence as set forth in regulations and uses that primarily provide general public
promulgated from time to time by the United States access to coastal or inland waters. Recreational boat
Department of Housing and Urban Development storage buildings are not considered to be a
pursuant to 42 U.S.C. section 1437 et seq. functionally water-dependent use.

Warehousing and distribution facility. The Wetlands (outside of the Shoreland Overlay
storage of goods, wares, and merchandise in a Zone). Those areas which have two or more of the
warehouse from which distribution occurs. May following:
include wholesale use, but not retail or direct sales A. A water table at or near the surface during the
to consumers. Warehousing and distribution growing season;
facilities do not include self-storage facilities. B. Very poorly drained soils, including Sebago
 mucky peat; or
Watercourse. Any natural or artificial stream, river, C. Obligate wetland vegetation.
creek, ditch, channel, swale, canal, conduit, culvert, Very poorly drained soils and obligate wetland
drain, waterway, gully, ravine, or wash in which vegetation shall be as defined and illustrated in the
water flows in a definite direction or course, either United States Department of Interior, Fish and
continuously or intermittently, or which has a Wildlife Service publication of Wetland Plants of the
definite channel, bed, and banks, and includes any State of Maine (1986).
area adjacent thereto subject to inundation by
reason of overflow or floodwater. Wind energy system. A system of components
 that converts the kinetic energy of the wind into
Water‑dependent uses. Those uses that require, electrical or mechanical power. A wind energy
for their primary purpose, location on submerged system comprises all necessary components



3-26 | CITY OF PORTLAND LAND USE CODE
 32 OF 76

 Page 42
 DEFINITIONS




including turbines, energy storage, power binding agreement for the applicable length of
conditioning, control systems, transmission systems time in this ordinance.
(where appropriate) and structural support systems
to provide electricity or mechanical power for
residential, commercial, industrial, utility, or
governmental use. Wind energy systems shall
include the following: Workforce housing unit for sale. A dwelling unit
A. Wind energy system, accessory: A system as for which:
 defined above, where power generation is A. The purchase price is affordable to a household
 incidental to a principal use. Accessory wind earning 80% or less of AMI.
 energy systems include roof-mounted systems, B. The unit is sold to a household earning 80% or
 and ground-mounted systems less than 45 feet less of AMI.
 in height. C. The requirements of (A) and (B) above are
B. Wind energy system, minor: A system as limited by deed restriction or other legally
 defined above, where power generation is binding agreement for the applicable length of
 considered a principal use. Minor wind energy time in this ordinance.
 systems are ground-mounted systems
 measuring between 45 feet and 85 feet in
 height.
C. Wind energy system, major: A system as
 defined above, where power generation is
 considered a principal use. Major wind energy
 systems are ground-mounted systems
 measuring between 85 feet and 160 feet in
 height.

Wholesale. Sale for resale, not for direct
consumption.

Workforce housing unit for rent. A dwelling unit
for which:
A. The rent is affordable to a household earning
 80% or less than of AMI.
B. The unit is rented to a household earning 80%
 or less of AMI.
C. The requirements of (A) and (B) above are
 limited by deed restriction or other legally




 CITY OF PORTLAND LAND USE CODE | 3-27
 33 OF 76

 Page 43
 USE STANDARDS




6 USE STANDARDS column the tables. In the case of conflict of
 required standards (i.e., a cross reference is
6.1 APPLICABILITY missing from the table, the numbering of
6.1.1. In general standards has changed but not updated in the
A. The use of buildings, structures, private Table, etc.), the use standards in Section 6.4
 property, and City-owned property are control.
 governed by this article, except when
 superseded by other applicable laws or 6.2.2 Unlisted uses
 ordinances. It is the intent that, when in doubt, A. Uses not expressly listed as permitted or
 this article should be interpreted to conditional in Tables 6-A to 6-G are prohibited
 accommodate the goals of the City’s as principal uses except that a use may be
 Comprehensive Plan and other plans. permitted subject to meeting the following
B. All uses shall comply with any applicable federal performance-based standards:
 and state requirements, and any additional 1. The proposed use is consistent with the
 applicable federal, state, county, and/or city purposes of the zone.
 ordinances. 2. The proposed use is closely related to a
C. All uses shall comply with any supplemental use permitted or conditional use in terms of
 standards in Section 6.4 as applicable. Use character, scale, and external impacts.
 standards address specific impacts, design or 3. The buildings and structures associated
 siting standards, and/or additional regulations with the proposed use are designed and
 outside of this Code. operated so that it will prevent undue
 adverse environmental impacts, substantial
6.2 DETERMINATION OF USE diminution of the value or utility of
6.2.1 Use tables neighboring structures, or significant
A. Tables 6-A to 6-G shall determine if a use is hazards to the health or safety of
 permitted (⏺), conditional (◐), or not neighboring residents by controlling noise
 permitted ( ) as a principal use within a zone. levels, emissions, traffic, lighting, odor, and
 Where a use is listed as both permitted and any other potential negative impacts.
 conditional (⏺/◐), determination shall be B. The review authority shall determine whether
 based on the nature of such use as described in the uses not listed as permitted or conditional
 the use standards of Section 6.4. Unless uses meet the above standards. If it is
 otherwise noted, where a use is listed in terms determined that the use does not meet the
 of square footage, square footage figures shall above criteria, it shall not be permitted.
 correspond to the total square footage of the C. The review authority may impose reasonable
 use as indicated. conditions of approval on the proposed use to
B. Certain uses within Tables 6-A to 6-G shall meet ensure that it is similar in character and impact
 required use standards listed in Section 6.4. A to a permitted or conditional use.
 reference is provided in the “Use Standards”



 CITY OF PORTLAND LAND USE CODE | 6-1
 34 OF 76

 Page 44
USE STANDARDS




6.2.3 Multiple uses 6.2.5 Uses in zones not listed
A. A lot may contain more than one principal use, A. Use permissions for certain zones within this
 providing each use is allowed within the zone. Code are not included in Tables 6-A to 6-G, but
 Each principal use shall be permitted are addressed separately as follows:
 separately. In certain cases, uses are defined in 1. Use permissions for overlay zones are
 Article 3 to include accessory uses that provide found in Article 8.
 necessary support or are functionally 2. Use permissions for the India Street Form-
 integrated into the principal use. Based Code (IS-FBC) zone are found in
B. Notwithstanding the above, and unless Article 9.
 otherwise specifically permitted by this Code, 3. Use permissions for the waterfront zones
 lots containing a single family, two-family, are found in Article 10.
 three-family, or four-family dwelling may
 contain more than one principal use only so 6.3 CHANGE OF USE
 long as the total number of dwelling units on A change of use from one use in Tables 6-A to 6-G
 the lot does not exceed four, or three on the to another is governed by the requirements of the
 islands, not including accessory dwelling units. new use. The use of any part of any building,
 structure, or property shall not be changed to any
6.2.4 Uses operated in an enclosed structure other use, whether principal or accessory and
A. In all mixed-use, office, and industrial zones, whether alterations in the building, structure, or
 uses shall be operated within a completely property are involved or not, until a permit and
 enclosed structure, except for those certificate of occupancy authorizing such change of
 customarily operated in open air. use has first been secured from the Building
B. In the mixed-use zones, open air activities shall Authority in accordance with Chapter 6 of the City
 be those licensed by the City. of Portland Code of Ordinances.




6-2 | CITY OF PORTLAND LAND USE CODE
 35 OF 76

 Page 45
 USE STANDARDS




TABLE 6-A: PERMITTED AND CONDITIONAL USES IN RESIDENTIAL NEIGHBORHOOD ZONES
 Use
 RN-1 RN-2 RN-3 RN-4 RN-5 RN-6 Standards
 Single-family dwellings ⏺ ⏺ ⏺ ⏺
 Two-family dwellings ⏺ ⏺ ⏺ ⏺
 Three-family dwellings ⏺ ⏺ ⏺ ⏺
 Four-family dwellings ⏺ ⏺ ⏺ ⏺
 Multi-family dwellings ◐ ⏺ ◐ ⏺ ⏺ ⏺ 6.4.12


Residential
 Townhouse dwellings ⏺ ⏺ ⏺ 6.4.13
 Group homes ◐ ◐ ◐ ◐ ◐ ◐ 6.4.17
 Lodging houses ◐ ◐ ⏺ ⏺ 6.4.21
 Child care centers + small child care facilities ◐ ◐ ◐ ◐ ◐ ◐ 6.4.9
 Elementary, middle, and secondary schools ◐ ◐ ◐ ◐ ◐ ◐
 Governmental uses ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 Places of assembly ◐ ◐ ◐ ◐ ◐ ◐ 6.4.30


Institutional
 Post-secondary schools ◐ ◐ ◐ ◐ 6.4.31
 Residential care facilities (small) ◐ ◐ ◐ ◐ ◐ ◐
 6.4.35
 Residential care facilities (large) ◐ ◐ ◐ ◐ ◐ ◐
 Bed and breakfasts ⏺/◐ ⏺/◐ ⏺/◐ 6.4.7
 Hostels ⏺/◐ ⏺/◐ ⏺/◐ 6.4.18

Comm.
 Market gardens ◐ ◐ ◐ ◐ ◐ ◐ 6.4.25
 Neighborhood nonresidential reuse ◐ ◐ ◐ ◐ ◐ ◐ 6.4.26
 Cemeteries ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 Parks and open spaces ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
Other
 Solar energy systems (minor) 6.4.38
 Utility substations ◐ ◐ ◐ ◐ ◐ ◐ 6.4.39
Key: ⏺ = permitted | ◐ = conditional | Blank = not permitted | ⏺/◐ = permitted or conditional per use standards




 CITY OF PORTLAND LAND USE CODE | 6-3
 36 OF 76

 Page 46
USE STANDARDS




 TABLE 6-B: PERMITTED AND CONDITIONAL USES IN ISLAND ZONES
 Use
 IR-1 IR-2 I-B Standards
 Single-family dwellings ⏺ ⏺ ⏺
 Two-family dwellings ⏺ ⏺ ⏺
 Three-family dwellings ⏺
 Four-family dwellings ⏺


  Residential
 Multi-family dwellings ◐ 6.4.12
 Live/work dwellings ⏺
 Lodging houses ◐ ⏺ 6.4.21
 Child care centers + small child care facilities ◐ ◐ ⏺ 6.4.9
 Cultural facilities ⏺


  Institutional
 Elementary, middle, and secondary schools ◐ ◐ ◐
 Governmental uses ⏺ ⏺ ⏺
 Places of assembly ◐ ◐ ⏺ 6.4.30
 Auto service stations ◐ 6.4.5
 Bed and breakfasts ⏺ 6.4.7
 General offices ⏺
 6.4.15
 General services ⏺
 Greenhouses/nurseries (retail) ◐ 6.4.16
 Hotels ◐ 6.4.19




  Commercial / Service
 Market gardens ◐ ◐ ⏺ 6.4.25
 Neighborhood nonresidential reuse ◐ ◐ 6.4.26
 Restaurants ⏺ 6.4.34
 Retail ⏺ 6.4.36
 Specialty food service ⏺
 Agriculture ⏺ 6.4.3
 Boathouses and storehouses for fishing equipment ⏺ ⏺ ⏺
 Campgrounds ◐ 6.4.8
 Cemeteries ◐ ◐
 Low-impact industrial ⏺
 Marinas ⏺
 Parks and open spaces ⏺ ⏺ ⏺
 Solar energy systems (minor) ⏺ ⏺ ⏺ 6.4.38
 Studios for artists and craftspeople ⏺ ⏺ ⏺
 ◐ ◐ ◐
  Other
 Utility substations 6.4.39
 Wharves, piers, docks, and landing ramps ⏺ ⏺ ⏺
 Key: ⏺ = permitted | ◐ = conditional | Blank = not permitted | ⏺/◐ = permitted or conditional per use standards




6-4 | CITY OF PORTLAND LAND USE CODE
 37 OF 76

 Page 47
 USE STANDARDS




 TABLE 6-C: PERMITTED AND CONDITIONAL USES IN MIXED-USE ZONES
 Use
 B-1 B-2 B-2b B-31 B-4 B-5 B-6 Standards
 Two-family dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 Three-family dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 Four-family dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 Townhouse dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.13
 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺

Residential
 Multi-family dwellings 6.4.12
 Live/work dwellings ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 Lodging houses ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.21
 Child care centers + small child care facilities ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.9
 Clinics ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 Cultural facilities ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 Elementary, middle, and secondary schools ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 Emergency shelters ◐ ◐ ◐ 6.4.14
 Governmental uses ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 Places of assembly ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.30


Institutional
 Post-secondary schools ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.31
 Residential care facilities (small) ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 6.4.35
 Residential care facilities (large) ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 Adult business establishments ⏺ 6.4.2
 Auto, boat, and related dealerships ◐ ⏺
 6.4.5
 Auto service stations ◐ ◐ ⏺
 Bars ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.6
 Bed and breakfasts ⏺ ⏺ ⏺ ⏺ 6.4.7, 6.4.10
 Exhibition, meeting, and convention halls ⏺ ⏺ ⏺ ◐
 Funeral homes ⏺ ⏺ ⏺
 General offices ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 6.4.15, 6.4.10
 General services ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 Greenhouses/nurseries (retail) ◐ ◐ ◐
 Hostels ⏺ ⏺ ⏺ 6.4.18, 6.4.10




Commercial / Service
 Hotels ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.19
 Intermodal transportation facilities ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 Marijuana retail stores ⏺ ⏺ ⏺ 6.4.23
 Market gardens ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.25, 6.4.10
 Recreation and amusement centers ⏺ ⏺ ⏺ ⏺
Key: ⏺ = permitted | ◐ = conditional | Blank = not permitted | ⏺/◐ = permitted or conditional per use standards




 CITY OF PORTLAND LAND USE CODE | 6-5
 38 OF 76

 Page 48
USE STANDARDS




 TABLE 6-C (CONT.): PERMITTED AND CONDITIONAL USES IN MIXED-USE ZONES
 Use
 B-1 B-2 B-2b B-31 B-4 B-5 B-6 Standards
 Registered marijuana dispensaries ⏺ ⏺ ⏺ 6.4.23
 Restaurants ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.34, 6.4.10
 Retail ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.36, 6.4.10




Commercial/Service
 Small-scale marijuana caregivers ⏺ ⏺ ⏺ ⏺ 6.4.23
 Specialty food service ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.10
 Theaters and performance halls (small) ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 Theaters and performance halls (large) ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.42
 Veterinary services ⏺ ⏺ ⏺
 Animal-related services ⏺
 Communication studios ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 Dairies ⏺ ⏺ ⏺ 6.4.11
 Impound lots ⏺ 6.4.20
 Laboratory and research facilities ◐ ◐ ◐ ⏺ ◐ ◐
 Low-impact industrial ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ 6.4.22
 Marijuana manufacturing facilities ⏺
 6.4.23
 Marijuana testing facilities ⏺
 Printing and publishing ⏺ ⏺ ⏺ ⏺ 6.4.32
 Self-storage facilities ⏺ 6.4.37

Industrial
 Studios for artists and craftspeople ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 Warehousing and distribution facilities ⏺ 6.4.40
 Marine uses ⏺ ⏺ 6.4.24
 Off-street parking ⏺/◐ ⏺ ◐ 6.4.27
 Parks and open spaces ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 Social service centers ◐ ◐ ◐ ◐ ◐ ◐
 Solar energy systems (minor) ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 6.4.38
 Solar energy systems (major) ◐
 Utility substations ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
Other
 6.4.39
 Wind energy systems (minor) ◐ ◐ ◐ ◐ ◐ ◐ 6.4.41
Key: ⏺ = permitted | ◐ = conditional | Blank = not permitted | ⏺/◐ = permitted or conditional per use standards
1 Uses within the B-3 zone may be subject to the standards of the Pedestrian Activities District (PAD) Overlay found in Section

8.5 of this Code.




6-6 | CITY OF PORTLAND LAND USE CODE
 39 OF 76

 Page 49
 USE STANDARDS




TABLE 6-D: PERMITTED AND CONDITIONAL USES IN TRANSIT-ORIENTED DEVELOPMENT ZONES
 TOD-1 TOD-2 Use Standards
 Townhouse dwellings ⏺ ⏺ 6.4.13
 ⏺ ⏺

 Residential
 Multi-family dwellings 6.4.12
 Live/work dwellings ⏺ ⏺
 Lodging houses ⏺ ⏺ 6.4.21
 Child care centers + small child care facilities ⏺ ⏺ 6.4.9
 Clinics ⏺ ⏺
 Cultural facilities ⏺ ⏺
 Elementary, middle, and secondary schools ⏺ ⏺
 Governmental uses ⏺ ⏺
 Places of assembly ⏺ ⏺ 6.4.30


 Institutional
 Post-secondary schools ⏺ 6.4.31
 Residential care facilities (small) ⏺ ⏺
 6.4.35
 Residential care facilities (large) ⏺ ⏺
 Bars ⏺ ⏺ 6.4.6
 Exhibition, meeting, and convention halls ⏺
 General offices ⏺ ⏺
 General services ⏺ ⏺
 Hostels ⏺ 6.4.18
 Hotels ⏺
 Intermodal transportation facilities ⏺ ⏺
 Recreation and amusement centers ⏺
 Restaurants ⏺ ⏺




 Commercial / Service
 Retail ⏺ ⏺
 Specialty food service ⏺ ⏺
 Theaters and performance halls (small) ⏺ ⏺
 Theaters and performance halls (large) ⏺ ⏺ 6.4.42
 Veterinary services ⏺ ⏺
 Communication studios ⏺ ⏺

Industrial
 Low impact industrial ⏺ ⏺ 6.4.22
 Studios for artists and craftspeople ⏺ ⏺
 Parks and open spaces ⏺ ⏺
 ⏺ ⏺
 Other
 Solar energy systems (minor) 6.4.38
 Utility substations ⏺ ⏺ 6.4.39




 CITY OF PORTLAND LAND USE CODE | 6-7
 40 OF 76

 Page 50
USE STANDARDS




 TOD-1 TOD-2 Use Standards
 Wind energy systems (minor) ◐ ◐ 6.4.41
Key: ⏺ = permitted | ◐ = conditional | Blank = not permitted | ⏺/◐ = permitted or conditional per use standards

 TABLE 6-E: PERMITTED AND CONDITIONAL USES IN OFFICE ZONES
 O Use Standards
 Child care centers + small child care facilities ⏺ 6.4.9
 Inst.
 Governmental uses ⏺
 General offices ⏺
 Com
 Office parks ⏺ 6.4.28
 Laboratory and research facilities ⏺
 Ind.
 Printing and publishing ⏺ 6.4.32
 Parks and open space ⏺
 Solar energy systems (minor) ⏺ 6.4.38

 Other
 Utility substations
 Wind energy systems (minor) ◐ 6.4.41
Key: ⏺ = permitted | ◐ = conditional | Blank = not permitted | ⏺/◐ = permitted or conditional per use standards




6-8 | CITY OF PORTLAND LAND USE CODE
 41 OF 76

 Page 51
 USE STANDARDS




TABLE 6-F: PERMITTED AND CONDITIONAL USES IN INDUSTRIAL & AIRPORT ZONES
 Use
 I-L/I-Lb I-M/I-Mb I-H A-B1 Standards
 Live/work dwellings ⏺
 Airports ⏺


Institutional
 Child care centers + small child care facilities ⏺ ⏺ ⏺ 6.4.9
 Emergency shelters ◐ ◐ ◐ 6.4.14
 Places of assembly ⏺ 6.4.30
 Bars ⏺ 6.4.6
 General offices ⏺ ⏺ 6.4.15
 General services ⏺
 Hotels ⏺
 Intermodal transportation facilities ⏺ ⏺
 Market gardens ⏺ 6.4.25




Commercial / Service
 Recreation and amusement centers ⏺ ⏺
 Restaurants ⏺
 Self-storage facilities ⏺ ⏺ 6.4.37
 Specialty food service ⏺ ⏺
 Veterinary services ⏺ ⏺ ⏺
 Animal-related services ⏺ ⏺ ⏺ 6.4.4
 Auto service stations ⏺ ⏺ ⏺ ⏺ 6.4.5
 Construction & engineering services ⏺ ⏺ ⏺
 Dairies ⏺ ⏺ ⏺
 Food & seafood processing, packing, and distribution ⏺ ⏺
 High-impact industrial uses ⏺
 Impound lots ⏺ ⏺ 6.4.20
 Laboratory and research facilities ⏺ ⏺ ⏺
 Low-impact industrial ⏺ ⏺ ⏺ 6.4.22
 Lumber yards ⏺ ⏺ ⏺
 Marijuana cultivation facilities ⏺ ⏺ ⏺
 Marijuana manufacturing facilities ⏺ ⏺ ⏺ 6.4.23

Industrial
 Marijuana testing facilities ⏺ ⏺ ⏺
 Printing and publishing ⏺ ⏺ ⏺
Key: ⏺ = permitted | ◐ = conditional | Blank = not permitted | ⏺/◐ = permitted or conditional per use standards




 CITY OF PORTLAND LAND USE CODE | 6-9
 42 OF 76

 Page 52
USE STANDARDS




 TABLE 6-F (CONT.): PERMITTED AND CONDITIONAL USES IN INDUSTRIAL & AIRPORT ZONES
 Use
 I-L/I-Lb I-M/I-Mb I-H A-B1 Standards
 Recycling facilities ⏺ ⏺ 6.4.33
 Solid waste disposal facilities ⏺ ⏺ 6.4.33

 Industrial
 Studios for artists and craftspeople ⏺ ⏺
 Warehousing and distribution facilities ⏺ ⏺ ⏺ 6.4.40
 Off-street parking ⏺
 Social service centers ◐ ◐ ◐
 Solar energy systems (minor) ⏺ ⏺ ⏺ ⏺
 6.4.38
 Solar energy systems (major) ⏺ ⏺ ◐
 Telecommunication towers (ground-mounted) ⏺ ⏺
 Utility substations ⏺ ⏺ ⏺ 6.4.39
 Wind energy systems (minor) ◐ ⏺ ⏺ ⏺
 Other 6.4.41
 Wind energy systems (major) ⏺ ⏺ ◐
 Key: ⏺ = permitted | ◐ = conditional | Blank = not permitted | ⏺/◐ = permitted or conditional per use standards
 1 Permitted uses on lots within airport restricted access areas shall be limited to those which do not require or encourage access

 or visits by the public and which provide technical administrative or other support to airport operations.




6-10 | CITY OF PORTLAND LAND USE CODE
 43 OF 76

 Page 53
 USE STANDARDS




 TABLE 6-G: PERMITTED AND CONDITIONAL USES IN OPEN SPACE ZONES
 OS-R1 OS-P Use Standards
 Cemeteries ⏺
 Cultural facilities ◐
 Marinas ⏺
 Parks and open space ⏺ ⏺ 6.4.29
 Solar energy systems (minor) ◐
 6.4.38, 6.5.6
 Solar energy systems (major) ◐
 Stadiums ◐ 6.5.6
 Utility substations ⏺/◐ 6.4.39, 6.5.6
 Wharves, piers, docks, and landing ramps ⏺ ◐
 Wind energy systems (minor) ◐ 6.4.41, 6.5.6
 Key: ⏺ = permitted | ◐ = conditional | Blank = not permitted | ⏺/◐ = permitted or conditional per use standards
 1 Accessory uses within structures of 2,500 SF or more shall be treated as a conditional use under subsection 6.5.6.




6.4 SUPPLEMENTAL USE STANDARDS paved width shall be measured from
These standards shall apply to the following uses as the edge of the pavement, excluding
indicated in Tables 6-A to 6-G, whether permitted sidewalks.
or conditional. Where a use is allowed as b. The lot has frontage on an accepted
conditional, these standards apply in addition to the or continued street on an island in
general conditional use standards in Section 6.5. Casco Bay that meets a minimum
 width of 16 feet, measured from the
6.4.1 In general edge of the pavement, or from the
A. Street access. Unless specifically excepted edge of the built surface if unpaved.
 under Section 7.4, a building or structure may c. The required minimum width may be
 only be constructed on or moved onto a lot, or reduced, or the requirement waived
 a dwelling unit added to a lot, if one of the on the islands only, if the Fire Chief
 following conditions is met. These standards and the Public Works Director or their
 apply to all buildings and structures unless designee(s) jointly determine that
 specifically exempted by this section. meeting the minimum width is
 1. Existing, accepted streets. impracticable and the City’s ability to
 a. The lot has frontage on a paved and provide services will not be
 accepted City street with a minimum unreasonably impaired by a reduction
 width of 10 feet on a one-way street in width.
 and 20 feet on a two-way street, 2. Streets to be improved in connection with
 measured from curb to curb. In the development. The owner or developer of a
 absence of a curb, the minimum clear lot that is not located on an existing,



 CITY OF PORTLAND LAND USE CODE | 6-11
 44 OF 76

 Page 54
USE STANDARDS




 accepted (or in the case of the islands, claim for damages that may result
 continued) street that meets the minimum from acceptance.
 criteria established above shall improve the 3. Exceptions. On lots with an existing,
 street in accordance with the following. inhabited structure or structures on an
 a. The street, between the lot and the unaccepted City street, the following
 nearest existing, accepted City street buildings and structures are exempt from
 and including the frontage of the lot the requirements of this subsection.
 itself, shall be improved to meet the a. Accessory buildings not intended for
 standards adopted elsewhere in this habitation.
 Code, including those adopted by the b. The addition of one accessory
 Public Works Authority and the dwelling unit within an existing single-
 Planning Authority. In the case of a family dwelling.
 corner lot, this shall apply to the
 frontage of the lot from which access 6.4.2 Adult business establishments
 is taken. A. Adult business establishments shall be located
 b. The street may be improved to an at least 1,000 feet from any other adult
 alternative standard if the Fire Chief business establishment, and at least 500 feet
 and the Public Works Director or their from any residential zone, as measured in a
 designee(s) jointly determine that: straight line from the nearest point of the lot
 line on the lot which the use is proposed to the
 nearest point of the lot line on the lot where
 the other use or zone is located, without regard
 to intervening structures or objects.
 B. No sexually explicit materials, entertainment, or
 activity shall be visible from the exterior of the
 premises.


 6.4.3 Agriculture
 A. No animals shall be kept on any lot less than
 three acres or closer than 100 feet to any
 street or lot line, except domesticated chickens
 c. The owner or developer shall take all as regulated in Chapter 5 of the City of Portland
 necessary steps under Chapter 25, Code of Ordinances.
 Article III, of the City Code to dedicate B. Raising of domesticated animals as a
 the improved portion of the street to component of any agricultural use shall not
 the City for acceptance. This shall create any odor, noise, health, or safety
 include provision of a waiver of any hazards, or other nuisance to neighboring
 properties.



6-12 | CITY OF PORTLAND LAND USE CODE
 45 OF 76

 Page 55
 USE STANDARDS




C. Raising of pigs or reptiles is not permitted. E. Car washes shall be designed to avoid the
 tracking of residual waters into the street.
6.4.4 Animal-related services
A. In the B-4, I-L and I-Lb zones, animal-related 6.4.6 Bars
 services may not include kennel or boarding A. In the B-6 zone, no bars located east of
 facilities. Waterville Street shall be permitted within 50
B. No animal-related service may include outdoor feet of Fore Street.
 kennel facilities.
C. Any exterior training and exercise areas shall be 6.4.7 Bed and breakfasts
 located in a side or rear yard only, and shall be A. Bed and breakfasts in the RN-4, RN-5, and RN-6
 completely fenced. zones are allowed only as conversions of
D. Exterior training and exercise areas are not residential structures existing as of 3/3/1997.
 permitted within 200 feet of a residential zone. Such uses are a permitted use if they contain
 four or fewer guest rooms, and a conditional
6.4.5 Automobile, boat, and related dealerships use if they contain five to nine guest rooms.
 and auto service stations B. In the RN-4, RN-5, and RN-6 zones, the
A. In the B-2b zone, auto service stations shall only minimum lot area for bed and breakfasts shall
 be permitted as an expansion of an auto service be 2,000 square feet for the first three guest
 station in existence as of 11/15/1999. rooms and 500 square feet for each additional
B. Signs shall not adversely affect visibility at guest room.
 intersections or access drives. Signs shall be C. In the I-B zone, bed and breakfasts are
 constructed, installed, and maintained so as to permitted on Peaks Island only. The minimum
 ensure the safety of the public, and shall lot area for bed and breakfasts shall be 5,000
 advertise only services or goods available on square feet for the first three guest rooms and
 the premises. 5,000 square feet for each additional guest
C. No ingress and egress driveways shall be room. When not served by public water and
 located within 30 feet from an intersection. No sewer, a bed and breakfast in the I-B zone shall
 entrance or exit for vehicles shall be in such require 10,000 square feet of lot area per guest
 proximity to a playground, school, church, room.
 other place of public assembly, or any
 residential zone that the nearness poses a 6.4.8 Campgrounds
 threat or potential danger to the safety of the A. Campgrounds shall not include recreational
 public. vehicles.
D. A landscaped buffer, no less than five feet wide, B. No tent shall be located within 75 feet of the
 shall be located along street frontages perimeter of site.
 (excluding driveways). The buffer shall consist C. The land area of the campground shall not be
 of a variety of plantings in accordance with the less than the equivalent of 5,000 square feet of
 City of Portland Technical Manual.



 CITY OF PORTLAND LAND USE CODE | 6-13
 46 OF 76

 Page 56
USE STANDARDS




 land area per tent site exclusive of the roadway 6.4.12 Dwellings, multi-family
 network. A. Use limitations
 1. In the RN-1 and RN-3 zones, multi-family
6.4.9 Child care centers and small child care dwellings are allowed only as conversions
 facilities of existing nonresidential structures.
A. Outdoor play areas shall be screened and 2. In the I-B zone, multi-family dwellings are
 buffered from surrounding residences with allowed only as conversions of existing
 landscaping and/or fencing. residential or nonresidential structures.
B. Solid waste shall be stored in covered B. Conversion standards
 containers. Such containers shall be screened 1. No multi-family conversion is allowed in an
 on all sides. existing structure with less than 1,500
C. For child care centers in residential and island square feet of habitable floor area.
 residential zones, the following additional 2. Any new off-street parking provided for
 standards apply: multi-family conversion of existing
 1. Outdoor play areas shall be located in the residential structures shall be located to
 side or rear yards only, and shall be the side or rear of the structure.
 screened from adjacent properties by a
 fence or wall at least 48 inches in height. 6.4.13 Dwellings, townhouse
 2. The minimum lot area shall be 10,000 A. For townhouse dwellings, interior side setback
 square feet. requirements do not apply to the interior side
 yard where the party wall for the structure is
6.4.10 Commercial and service uses in the B-1 located. Such requirements only apply to end
 zone units without an attached party wall.
A. Commercial and service uses in the B-1 zone B. There shall be a minimum separation of 15 feet
 shall be permitted provided that such uses between exterior sidewalls of townhouse
 generate less than 100 peak hour vehicle trips buildings. Where the front or rear wall of a
 per 2,000 square feet of floor area and less townhouse faces the front or rear wall of
 than 100 peak hour vehicle trips in total. another townhouse, the minimum required
B. No beverage container redemption centers separation between such buildings shall be 30
 shall be permitted. feet. Driveways and parking areas may be
 located within this minimum separation area.
6.4.11 Dairies
In the B-2 and B-2b zones, dairies are permitted only 6.4.14 Emergency shelters
if an expansion of an existing dairy. A. In the B-3 zone, no emergency shelters shall be
 permitted north of Oxford Street.
 B. The facility shall provide adequate space for
 conducting security searches and other
 assessments.



6-14 | CITY OF PORTLAND LAND USE CODE
 47 OF 76

 Page 57
 USE STANDARDS




C. The facility shall be designed with a centralized services to larger organizations such as
 shelter operations office on each level educational institutions, social service agencies,
 providing sightlines to sleeping areas. or business headquarters.
D. A management plan adequately outlining the
 following areas shall be provided: management 6.4.16 Greenhouses/nurseries (retail)
 responsibilities; process for resolving In the I-B zone, the indoor display of retail goods
 neighborhood concerns; staffing; access and point of sale area shall be limited to a maximum
 restrictions; on-site surveillance; safety of 1,000 square feet.
 measures; controls for resident behavior and
 noise levels; and monitoring reports. 6.4.17 Group homes
E. Adequate access to and from fixed route A. Group homes shall be subject to the minimum
 transit service shall be provided. The facility lot area requirements for nonresidential uses.
 shall be within a ¼ mile of fixed route transit B. A group home shall not be located within 500
 service, or shall be within ½ mile of fixed route feet of another, as measured along street lines
 transit service and provide adequate indoor to the respective property lines.
 space to permit all shelter guests day shelter, as C. The Board of Appeals or Planning Board may
 well as implement strategies to help residents impose conditions upon a conditional use
 utilize transit. permit concerning the creation or operation of
F. The facility shall provide on-site services to a group home including but not limited to the
 support residents, such as case management, following: site and building maintenance;
 life skills training, counseling, employment and lighting, fencing, and other appropriate security
 educational services, housing assistance, or measures; screening and buffering of parking
 other programs. areas; compatibility of any additions or
G. Suitable laundry, kitchen, pantry, bicycle alterations with the existing residential
 storage, and secure storage facilities for shelter structure; and compatibility of new structures
 stayers shall be provided on-site. with the architectural character of the
H. An outdoor area for guest use shall be provided surrounding area.
 on-site with adequate screening to protect
 privacy of guests. 6.4.18 Hostels
 A. An operations plan shall be submitted
6.4.15 General offices and general services demonstrating that:
A. General office and general service uses in the 1. No unaccompanied minors under the age
 I-B and B-1 zones are limited to a maximum of of 18 shall be permitted in the facility.
 5,000 square feet of gross floor area. 2. The length of stay for transient guests shall
B. General office uses in the I-L and I-Lb zones not exceed 15 days within any 60-day
 shall be limited to those involving minimal period.
 public visitation and minimal direct service to B. In the RN-4, RN-5, and RN-6 zones, hostels are
 the general public, primarily to provide support permitted if for no more than 10 overnight



 CITY OF PORTLAND LAND USE CODE | 6-15
 48 OF 76

 Page 58
USE STANDARDS




 transient guests, and conditional if for between D. Lodging houses shall provide a minimum of
 11 and 20 overnight transient guests. No more 200 square feet of combined rooming unit and
 than 20 overnight transient guests shall be common area per rooming unit.
 permitted. E. Lodging houses, except for lodging houses
C. In the B-1 zone, no more than 20 overnight located in the IR-2 and I-B zones, shall contain
 transient guests shall be permitted. common areas for use by residents, including a
 kitchen. A kitchen need not be available as a
6.4.19 Hotels part of the common areas where all meals are
A. Hotels in the I-B zone are limited to a maximum provided on a daily basis.
 of 50 guest rooms. F. In the IR-2 and I-B zones, lodging houses are
B. The minimum gross floor area for hotels in the allowed with no more than nine rooming units.
 I-B zone shall be 5,000 square feet for the first When not served by public water and sewer,
 three guest rooms and 5,000 square feet for lodging houses shall require 10,000 square feet
 each additional guest room. When not served of lot area per rooming unit.
 by public water and sewer, a hotel in the I-B
 zone shall require 10,000 square feet of lot 6.4.22 Low-impact industrial
 area per guest room. A. Low-impact industrial in the B-1, B-2b, B-3, and
C. Hotels in the B-6 zone are limited to a B-6 zones is limited to a maximum of 10,000
 maximum of 150 guest rooms. square feet in gross floor area.
 B. In the B-6 zone, no brew pubs or
6.4.20 Impound lots microbreweries east of Waterville Street shall
Impound lots shall be at least 300 feet from any be permitted within 50 feet of Fore Street.
residential zone or lawfully conforming residential C. When a low-impact industrial use is located in
use. any mixed-use zone, the following standards
 apply:
6.4.21 Lodging houses 1. All circulation and maneuvering, including
A. In the RN-3 and RN-4 zones, lodging houses are loading, unloading, and turnaround areas,
 allowed only as conversions of existing two- must be located on site. No maneuvering,
 family, three-family, four-family, or multi-family loading, or unloading may happen in the
 residential structures, provided that the lodging right-of-way.
 house shall not be located within 500 ft. of 2. Truck loading, unloading, and access shall
 another as measured along street lines. be located in the rear or interior side yard
B. Lodging houses shall be subject to the where possible.
 minimum lot area requirements for 3. Shared infrastructure shall be utilized to
 nonresidential uses. the extent practicable, including but not
C. Individual rooming units in a lodging house shall limited to service alleys, parking areas,
 be a minimum of 70 square feet in area. stormwater treatment, public
 transportation facilities, and driveways.



6-16 | CITY OF PORTLAND LAND USE CODE
 49 OF 76

 Page 59
 USE STANDARDS




6.4.23 Marijuana-related uses D. Marijuana cultivation facilities shall be limited to
A. The following standards apply to the following less than 2,000 square feet of plant canopy in
 marijuana-related uses: the I-L/I-Lb zone and less than 7,000 square
 1. Marijuana cultivation facilities. feet of plant canopy in the I-M/I-Mb zone.
 2. Marijuana manufacturing facilities. E. For purposes of this ordinance, any approval
 3. Marijuana retail stores. issued for a marijuana cultivation facility,
 4. Marijuana testing facilities. marijuana manufacturing facility, or marijuana
 5. Small-scale marijuana caregivers. testing facility operated pursuant to 22 M.R.S. §
 6. Registered dispensaries. 2421 et seq. shall be deemed to constitute
B. Location criteria approval for the same corresponding marijuana
 1. No marijuana cultivation facility, marijuana cultivating, manufacturing, or testing facility use
 manufacturing facility, marijuana testing operating under 28 M.R.S. § 101 et seq.
 facility, small-scale marijuana caregiver, Notwithstanding the above, no marijuana
 marijuana store, or registered dispensary cultivation facility, marijuana manufacturing
 may be located within 500 feet of a pre- facility, or marijuana testing facility may operate
 existing public school, private school, or a without the applicable state and City license.
 public preschool program, as defined by
 20-A M.R.S. § 1. Distance shall be measured 6.4.24 Marine uses
 in a straight line from the nearest point of A. In the B-5 zone, marine uses shall include
 the lot line on the lot which the use is marine products wholesaling and retailing;
 proposed to the nearest point of the lot harbor and marine supplies and services;
 line on the lot where the public school, marine repair services and machine shops;
 private school, or public preschool shipbuilding and facilities for the construction,
 program is located, without regard to maintenance, and repair of vessels; marine
 intervening structures or objects. museums and aquariums; boat repair yards;
 2. No marijuana cultivation facility, marijuana boat storage; and seafood processing, packing,
 manufacturing facility, or marijuana testing and distribution for human consumption.
 facility may be located within 300 feet of B. In the B-6 zone, marine uses shall include
 any residential zone. Distance shall be marine products wholesaling and retailing;
 measured in a straight line from the harbor and marine supplies and services; and
 nearest point of the lot line on the lot underground marine fuel storage provided that
 which the use is proposed to the nearest such storage shall be used solely for the
 point of the lot line on the lot where the purpose of fueling vessels.
 residential zone is located, without regard
 to intervening structures or objects. 6.4.25 Market gardens
C. Marijuana retail stores and registered Market gardens may be located outdoors or fully
 dispensaries may not exceed a maximum gross enclosed within a permanent building, subject to the
 floor area of 2,000 square feet. following:



 CITY OF PORTLAND LAND USE CODE | 6-17
 50 OF 76

 Page 60
USE STANDARDS




A. Outdoor market gardens are limited to the nonresidential in their original construction
 cultivation of herbs, fruits, flowers, or and/or current principal use as of the effective
 vegetables, including the cultivation and tillage date of this Code.
 of soil and the production, cultivation, growing, B. The following nonresidential uses are permitted
 and harvesting of any agricultural, floricultural, within a neighborhood nonresidential reuse.
 or horticultural commodity. The initial conditional use approval for the
B. The keeping of livestock, chickens or other neighborhood nonresidential reuse may specify
 poultry, and apiaries are prohibited. one or more uses under the list below. A
C. Greenhouses, including high tunnels/hoop- modification of the conditional use approval is
 houses, cold-frames, and similar structures, are required for a change to any of the uses below
 permitted to extend the growing season. which were not specified in the initial or
D. Accessory structures, including but not limited subsequent conditional use approval.
 to a shed or utility building necessary for the 1. General offices <5,000 square feet
 use’s operation may be allowed for the storage 2. General services <5,000 square feet
 of tools and materials. All accessory structures 3. Restaurants
 shall be located a minimum of five feet from 4. Retail <5,000 square feet
 any lot line. 5. Specialty food service
E. Farmstands are permitted, and are limited to 6. Studios for artists and craftspeople
 sales of items grown at the site. Farmstands C. No off-street parking is required for a
 shall be removed during the time of the year neighborhood nonresidential reuse.
 when the use is not in operation. Only one D. Drive-through facilities are prohibited for any
 farmstand is permitted per market garden. neighborhood nonresidential reuse.
F. When located in a fully enclosed permanent E. Neighborhood nonresidential reuses shall
 building, market gardens may include all of the comply with the performance standards of the
 forms of cultivation and production allowed for B-1 zone.
 outdoor market gardens, as well as
 hydroponics, aquaponics, myco-culture, and 6.4.27 Off-street parking
 other similar indoor crop-production A. In the B-3 zone, structured parking is a
 techniques. permitted use. Surface parking within the B-3
G. Market gardens within a fully enclosed zone shall be allowed as a conditional use.
 permanent building may include an area within B. Surface parking in the B-3 and B-6 zones is
 the building for sales of items grown at the site. subject to the following standards:
 Such sales area may occupy no more than 15% 1. Surface parking lots shall be laid out in a
 of the floor area devoted to the principal use. manner conducive to development of
 future buildings, and/or structured parking
6.4.26 Neighborhood nonresidential reuse on site.
A. Neighborhood nonresidential reuse is only 2. All surface parking areas, including parking
 allowed within existing structures that are aisles, shall be located a minimum of 35



6-18 | CITY OF PORTLAND LAND USE CODE
 51 OF 76

 Page 61
 USE STANDARDS




 feet from any street. This 35-foot setback the structure of the garage shall be
 shall not apply to access drives oriented designed to accommodate such
 perpendicularly to a street. spaces in the future as follows:
C. In the B-3, B-5, and B-6 zones, structured
 parking is subject to the following standards:
 1. Parking structures shall incorporate
 ground-floor retail space or other non-
 parking and active use space along all
 street frontages. Such retail or active
 space shall maintain a minimum depth of
 30 feet from all street-facing façades of
 the structure.
 2. The Planning Board may waive the
 requirement for ground-floor retail or
 other non-parking and active use space
 upon demonstration that the project
 meets at least one of the following criteria:
 a. The applicant demonstrates that
 steepness of grade or the character of
 the adjacent street does not support
 retail or other non-parking and active
 use space.
 b. The ground floor of the garage is set
 back a minimum of 35 feet from the
 street right-of-way, and its design
 does not serve as an impediment for
 the development of space between 3. In cases where the Planning Board
 the structure and the right-of-way for waives the requirement for ground-
 retail or other non-parking and active floor retail or other non-parking and
 use in the future. Any such space active use space, garages shall be
 located between the structure and the designed to enhance the pedestrian
 right-of-way shall not be used for experience and disguise the parking
 surface parking. use to the greatest extent possible.
 c. The applicant demonstrates, to the Use of traditional storefront design
 satisfaction of the Planning Board, concepts and traditional building
 that market support for ground floor materials is encouraged.
 retail or other non-parking active uses
 does not currently exist. In such cases,



 CITY OF PORTLAND LAND USE CODE | 6-19
 52 OF 76

 Page 62
USE STANDARDS




6.4.28 Office parks 10. A description of any proposed private
A. Office parks shall have a minimum gross area of development restrictions.
 three acres of contiguous land, and may be 11. Delineation of the subdivision of land, if
 developed with multiple buildings on a single proposed as a coordinated development
 lot under common ownership, or as a on multiple parcels.
 coordinated development on multiple parcels 12. Any other information necessary and
 under unified control or management. sufficient to ensure compliance with the
B. Office park development proposals shall standards in this subsection.
 include a master plan of the office park, which C. Office parks shall include a landscape program
 shall include the following: that meets the following standards.
 1. The location of the building(s) on the site. 1. All land areas not covered by structures,
 2. The location of infrastructure on the site. parking areas, or circulation facilities shall
 3. The location of all common areas and be landscaped and maintained.
 landscape buffers. 2. To soften the visual impact of large
 4. Identification of traffic circulation patterns, expanses of pavement in parking lots,
 traffic controls, and parking areas, vegetation shall be planted or retained in
 including demonstration that additional islands or planting strips where required by
 traffic generated by the project itself can the site plan or subdivision ordinance.
 be reasonably accommodated on existing 3. Landscape buffers shall be provided to
 public streets. screen areas abutting a residential zone or
 5. Identification of internal sidewalks, use, and to screen parking lots and
 illustrating the manner in which the driveways from public view. The buffer
 developer will provide this amenity to take shall be of a dense and continuous nature
 advantage of the topography and natural and shall incorporate trees, shrubs,
 features of the site. fencing, berms, and related elements
 6. Building elevation drawings which indicate deemed necessary.
 architectural style, exterior finishes and D. Office parks shall consider and be sensitive to
 color, building height and scale, and the need to preserve natural features on site.
 location and scale of window and door Natural features include, but are not limited to
 openings. Samples of exterior building existing vegetation, floodplains, rock
 materials shall also be submitted. outcroppings, surface water bodies, drainage
 7. The location and style of lighting to be swales and courses, and wetlands.
 used in the development. E. All light fixtures shall be hooded or shielded so
 8. Identification and description of all that the light shines downward.
 proposed signage.
 9. A description of phasing and timing of the 6.4.29 Parks and open spaces
 development. In the OS-P zone, parks and open spaces shall be
 limited to passive recreational use, including but not



6-20 | CITY OF PORTLAND LAND USE CODE
 53 OF 76

 Page 63
 USE STANDARDS




limited to trails and paths for pedestrians and feet in gross floor area, unless an expansion of a
bicyclists, and areas for fishing, hiking, wildlife printing and publishing establishment greater than
management and conservation activities. Essential 10,000 square feet and in existence as of 4/4/1988.
services shall also be permitted.
 6.4.33 Recycling and solid waste disposal
6.4.30 Places of assembly facilities
A. In all RN zones, construction of a new principal Within the I-M/I-Mb zone, recycling and solid waste
 building as a place of assembly is permitted disposal facilities are permitted within an enclosed
 only on lots with frontage on collector or structure only.
 arterial roads. Places of assembly are allowed
 on streets of any classification as adaptive 6.4.34 Restaurants
 reuse of existing structures that are A. In the B-1 zone, restaurants are limited to a
 nonresidential in their original construction maximum of 2,000 square feet in gross floor
 and/or current use as of the effective date of area, shall not operate between the hours of 11
 this Code. p.m. and 6 a.m., and shall not accept deliveries
B. Places of assembly in the B-1, I-L, and I-Lb zones or services between the hours of 10 p.m. and 7
 are limited to 10,000 square feet or less in a.m. Food service and consumption shall be the
 gross floor area. primary function.
 B. In the B-6 zone, restaurants located east of
6.4.31 Post-secondary schools Waterville Street within 50 feet of Fore Street
A. In any residential zone, expansion of existing shall be limited in hours of operation to
 post-secondary schools onto land other than between 5 a.m. and 11 p.m. each day, and food
 the lot(s) on which the principal use is located service and consumption shall be the primary
 shall be subject to a determination that the function of the restaurant.
 proposed use cannot be reasonably
 accommodated on the existing lot(s) through 6.4.35 Residential care facilities
 more efficient utilization of land or buildings, In the residential zones, large residential care
 and will not cause significant physical facilities shall require a minimum lot area of 20,000
 encroachment into established residential square feet.
 areas.
B. In any residential zone, a new post-secondary 6.4.36 Retail
 school or expansion of an existing post- A. In the I-B zone, retail uses are limited to a
 secondary school shall not cause displacement maximum of 10,000 square feet in gross floor
 or conversion of existing residential uses. area.
 B. In the B-1 zone, retail uses are limited to a
6.4.32 Printing and publishing maximum of 5,000 square feet in gross floor
Printing and publishing in the B-3, B-5, B-6, and O area, and shall not operate between the hours
zones is limited to a maximum of 10,000 square of 11 p.m. and 6 a.m., and shall not accept



 CITY OF PORTLAND LAND USE CODE | 6-21
 54 OF 76

 Page 64
USE STANDARDS




 deliveries or services between the hours of 10 shall be planted and spaced sufficiently to
 p.m. and 7 a.m. form a continuous linear hedgerow at
C. Retail in the B-3 and B-5 zones shall not include plant maturity; plantings shall be placed
 wholesale or bulk purchase sales of lumber and inside the fence oriented toward the
 construction supplies, truck rental interior of the lot.
 establishments, sales, rental, and repair of
 heavy equipment, or wholesale establishments, 6.4.38 Solar energy systems (major and minor)
 including establishments where membership is A. In general
 required. 1. All solar energy systems shall meet the
 technical, safety, and maintenance
6.4.37 Self-storage facilities standards in the City of Portland Technical
A. Storage units shall not be used for residential Manual.
 occupancy or business. 2. Solar energy systems shall minimize
B. Plumbing connections shall not be permitted in impacts resulting from construction and
 self-storage units. maintenance of the solar energy system,
C. The following additional standards apply to self- including lighting, security measures,
 storage facilities with units accessed directly traffic, and grid connections.
 from the outdoors: 3. Solar panel placement shall minimize or
 1. Outdoor self-storage facilities shall be negate any solar glare impacting nearby
 oriented so that storage unit access doors properties or roadways, without unduly
 do not face the public right-of-way. impacting the functionality or efficiency of
 2. Outdoor self-storage facilities are allowed the solar energy system.
 to include an area for storage of B. Ground-mounted solar energy systems
 recreational vehicles. Storage areas for 1. Ground-mounted solar energy systems are
 recreational vehicles shall be located in the only permitted in the B-4, I-L, I-Lb, I-M, I-
 rear yard. Mb, I-H, and A-B zones.
 3. No storage of recreational vehicles is 2. Ground-mounted solar energy systems
 allowed within 25 feet of any rear lot line. shall be located away from and screened
 No storage of recreational vehicles is from public ways and nearby
 allowed within 30 feet of any interior side residential/institutional uses to the extent
 lot line. No storage of recreational vehicles possible and shall be designed to minimize
 is allowed within 50 feet of any front or impacts on significant scenic views.
 corner side lot line. 3. Layout and fencing for ground-mounted
 4. If storage areas for recreational vehicles systems shall be integrated with existing
 are provided, they shall be screened along landscape and minimize removal of
 interior side and rear lot lines with a solid vegetation to the extent possible.
 fence or wall, a minimum of six feet and a 4. Minor ground-mounted solar energy
 maximum of seven feet in height. Shrubs systems shall be located a minimum 50



6-22 | CITY OF PORTLAND LAND USE CODE
 55 OF 76

 Page 65
 USE STANDARDS




 feet from all RN zones, and the B-1 and B- every one foot of solar energy system
 2/B-2b zones. height.
 5. Major ground-mounted solar energy b. In B-4 and industrial zones, flat roof-
 systems shall be located at least 75 feet mounted systems are not subject to
 from all RN zones, and the B-1 and B-2/B-2b limitations on height, or to a required
 zones. setback.
 6. The absolute height of any ground- c. In all other zones, solar energy
 mounted solar energy system shall be no systems mounted on flat roofs are
 more than 20 feet above the ground as limited to a height of 8 feet above the
 measured from the base of the support. surface of the roof upon which they
 7. The following components of a ground- are mounted, and shall be set back
 mounted solar energy system shall be from the edge of the roof one foot for
 counted as impervious in the calculation of every one foot of solar energy system
 landscaped open space ratio: height.
 a. Foundation systems, typically 2. Solar energy systems mounted on pitched
 consisting of driven piles, monopoles, roofs shall meet the following standards:
 or helical screws with or without small a. Solar energy systems on pitched roofs
 concrete collars or weighted ballast. shall be mounted with a maximum
 b. All mechanical equipment of the solar distance of one foot between the
 energy system, including maximum surface of the roof to the highest
 horizontal extents of any concrete pad point of the system.
 or any pad mounted structure for b. Solar energy systems on pitched roofs
 batteries, switchboard, transformers, shall be installed parallel to the roof
 or storage cells. surface on which they are mounted.
 c. Paved access roads servicing the solar c. Solar energy systems on pitched roofs
 energy system. may not extend higher than the
C. Roof-mounted solar energy systems highest point of the roof surface upon
 1. Roof-mounted solar energy systems are which they are mounted.
 not included in the calculation of maximum
 structure height. 6.4.39 Utility substations
 Solar energy systems mounted on flat A. Utility substations shall be as small in size as
 roofs shall meet the following standards: practicable, and shall be set back a minimum of
 a. In residential zones, solar energy 35 feet from any right-of-way, not including
 systems mounted on flat roofs are limited-access roads.
 limited to a height of 5 feet above the B. Substations shall be suitably screened and
 surface of the roof upon which they landscaped so as to ensure compatibility with
 are mounted, and shall be set back the surrounding neighborhood. The remainder
 from the edge of the roof one foot for of the lot not occupied by the utility substation



 CITY OF PORTLAND LAND USE CODE | 6-23
 56 OF 76

 Page 66
USE STANDARDS




 and its related access shall be designed and structure or underground. Above ground
 designated for future development. on-site connections near substations or to
C. In the OS-R zone, sewage pumping and the electric grid shall be allowed.
 treatment facilities shall be permitted. Water 4. Wind energy systems shall be designed to
 pumping stations shall be treated as a avoid electromagnetic interference with
 conditional use and subject to the additional the transmission or reception of radio,
 standards of subsection 6.5.6. telephone, television, microwave,
 navigational, or similar signals to
6.4.40 Warehousing and distribution facilities neighboring areas.
A. Warehousing and distribution facilities in the I- B. Setbacks
 L and I-Lb zones are limited to a maximum of 1. Minor ground-mounted wind energy
 10,000 square feet in gross floor area. systems shall be set back from all property
B. No outdoor storage is permitted as a boundaries and street right-of-way lines by
 component of warehousing and distribution in a distance equal to or greater than 1.1
 the B-4 and I-L/I-lb zones, except for boat times the total height of the system,
 storage. measured from the base of the system to
 the top of the system at maximum vertical
6.4.41 Wind energy systems (major and minor) rotation. The setback distance shall be
A. General measured to the center of the wind
 1. All wind energy generation equipment shall generator base.
 be approved under a certification program 2. Major ground-mounted wind energy
 approved by the U.S. Department of systems shall be set back from all property
 Energy. boundaries and street right-of-way lines by
 2. Wind energy systems, including a distance equal to or greater than 1.5
 foundations and support structures, times the total height of the system,
 electrical connections, control equipment, measured from the base of the system to
 and associated site improvements shall be the top of the system at maximum vertical
 designed, engineered, and installed to rotation. The setback distance shall be
 comply with all applicable local, state, and measured to the center of the wind
 federal construction and electrical generator base.
 regulations and Federal Aviation C. Height
 Administration regulations. Applicable 1. Ground-mounted wind energy systems are
 state and local approvals shall be obtained limited to a maximum height of 65 feet in
 prior to installation of any wind energy the B-2/B-2b, B-5, and B-6 zones.
 system. 2. All moving components of a ground-
 3. All on-site electrical wiring associated with mounted wind energy system shall be a
 the proposed wind energy system shall be minimum of 12 feet from ground level or
 located within the tower/pole/supporting accessible surface.



6-24 | CITY OF PORTLAND LAND USE CODE
 57 OF 76

 Page 67
 USE STANDARDS




D. Siting and placement marked with visible, reflective, colored
 1. No wind energy system shall be located objects, such as flags, reflectors, or tape,
 within 250 feet of any significant wildlife which shall be placed on the anchor points
 habitat, as defined by the Maine of guy wires and along the guy wires up to
 Department of Environmental a height of ten feet from the ground.
 Protection/Maine Department of Inland 5. Ground-mounted wind energy systems
 Fisheries and Wildlife under provisions of shall be located away from and screened
 the Natural Resources Protection Act (38 from public ways and nearby
 M.R.S. § 480 et seq.) including wildlife residential/institutional uses to the extent
 habitat for species appearing on the official possible and shall be designed to minimize
 state and federal list of endangered or impacts on significant scenic views.
 threatened animal species. E. Illumination and signs
 2. For all major and minor wind energy 1. No part of the system may be illuminated,
 systems, or any system over 100kW, except as required by the Federal Aviation
 evidence shall be provided that the Administration (FAA) or other authorities
 Environmental Coordinator of the Maine for safety and security purposes. Where
 Department of Inland Fisheries and lighting is required, it shall be at the lowest
 Wildlife and the Maine Natural Area intensity allowable with fixtures shielded
 Program have been notified of the and directed to minimize glare and visibility
 location, height, and design of the from the ground.
 proposed wind energy system at least 2. There shall be no signs, advertisements,
 three weeks prior to any final flags, or decorative items on a wind energy
 determination under this subsection. Any system or any associated facilities, except
 comments received therefrom shall be for the manufacturer’s/installer’s/owner’s
 addressed to the satisfaction of these state identification (not exceeding one square
 authorities prior to any final determination feet in size), appropriate warning signs, or
 under this provision. lights if required by the FAA.
 3. The support structure (e.g. tower, pole)
 for ground-mounted wind generating 6.4.42 Theaters and Performance Halls (large) in
 systems shall not be climbable for a the B-3 and WCZ zones
 minimum height of 12 feet above the A. A large theater and performance hall may not
 surrounding ground level. All ground- be located within 750 feet of another large
 mounted electrical and control equipment theater and performance hall, as measured
 shall be labeled and secured to prevent along or across public ways from the main
 unauthorized access. entrance of each. The main entrance is defined
 4. The use of guy wires is discouraged. If as one or more public entrances intended to
 required, they shall be located away from provide primary access for patrons to areas
 pedestrian routes/access points and designed for public use, such as lobbies,



 CITY OF PORTLAND LAND USE CODE | 6-25
 58 OF 76

 Page 68
USE STANDARDS




 vestibules, concourses, seating areas, or similar application fee, as established from time to
 spaces. This definition does not include time by the City Council to cover administrative
 secondary entrances used primarily for staff, costs and costs of a hearing, shall accompany
 production, limited public or ADA access, or each application. The application shall be in
 performers. such form and shall contain such information
B. Any large theater and performance hall located and documentation as shall be prescribed from
 in the B-3 or WCZ zones on or before time to time by the review authority.
 December 1, 2024 shall not be required to C. Public hearing. A public hearing shall be set,
 comply with this dispersal requirement. If advertised, and conducted by the review
 located within 750 feet of another large theater authority in accordance with Article 2 of this
 and performance hall, such business shall be Land Use Code.
 considered a lawfully nonconforming use D. Action. Within 30 days following the close of
 subject to the standards of Article 4 of this the public hearing, the review authority shall
 Code. render its decision, in a manner and form
C. Where two or more large theater and specified by Article 2 of this chapter, approving
 performance halls operate on one site, and the conditional use, approving the conditional
 where each entity requires or has a separate use subject to conditions as specified in
 business license, or displays in a manner visible Subsection 6.5.3, or denying it. The failure of
 from public property separate business the review authority to act within 30 days shall
 trademarks, logos, service marks, or other be deemed an approval of the conditional use,
 mutually identifying names or symbols, each unless such time period is mutually extended in
 entity shall be counted as a separate large writing by the applicant and the review
 theater and performance hall for the purposes authority. Within five days of such decision or
 of this section. the expiration of such period, the Building
 Authority or Planning Authority shall mail
6.5 CONDITIONAL USES notice of such decision or failure to act to the
6.5.1 Conditional use review procedure applicant and, if a conditional use is authorized,
A. Review authority. The Zoning Board of list therein any and all conditions imposed by
 Appeals shall review all conditional use the review authority.
 applications, with the exception that the
 Planning Board shall review all conditional use 6.5.2 General conditional use standards
 applications associated with projects that are The review authority shall, after review of the
 otherwise before the Planning Board. application, approve a conditional use upon a
B. Application. Applications for conditional use finding that the proposed conditional use, at the
 review shall be submitted to the Building size and intensity contemplated at the proposed
 Authority for all Zoning Board of Appeals location, will not have substantially greater negative
 reviews and the Planning Authority for all impacts than would normally occur from
 Planning Board reviews. A nonrefundable surrounding uses or other allowable uses in the



6-26 | CITY OF PORTLAND LAND USE CODE
 59 OF 76

 Page 69
 USE STANDARDS




same zone. The review authority shall find that this The approval of a conditional use shall not authorize
standard is satisfied if it finds that: the establishment or extension of any use nor the
A. The volume and type of vehicle traffic to be development, construction, reconstruction,
 generated, hours of operation, expanse of alteration, or moving of any building or structure,
 pavement, and the number of parking spaces but shall merely authorize the preparation, filing.
 required are not substantially greater than and processing of applications for any permits or
 would normally occur at surrounding uses or approvals which may be required by the City of
 other allowable uses in the same zone. Portland Code of Ordinances, including but not
B. The proposed use will not create unsanitary or limited to a building permit, a certificate of
 harmful conditions by reason of noise, glare, occupancy, subdivision approval, and site plan
 dust, sewage disposal, emissions to the air, approval.
 odor, lighting, or litter.
C. The design and operation of the proposed use, 6.5.5 Limitations on conditional use approvals
 including but not limited to landscaping, No conditional use approval shall be valid for a
 screening, signs, loading, deliveries, trash or period longer than three years from the date of
 waste generation, arrangement of structures, approval, unless the conditional use has
 and materials storage will not have a commenced or a building permit is issued and
 substantially greater effect/impact on construction has begun within that period and is
 surrounding properties than those associated thereafter diligently pursued to completion,
 with surrounding uses or other allowable uses provided, however, that one or more extensions of
 in the zone. said time may be granted if the facts constituting
D. The proposed use will meet any additional zone the basis of the decision have not materially
 or use-specific standards identified in Tables 6- changed and the two year period is not exceeded
 A to 6-G and Section 6.4. thereby. A conditional use approval shall be deemed
 to authorize only the particular use for which it was
6.5.3 Conditions on conditional use approvals issued and such approval shall automatically expire
The review authority may impose such reasonable and cease to be of any force or effect if such use
conditions upon the premises benefited by a shall for any reason be discontinued for a period of
conditional use as may be necessary to prevent or 12 consecutive months or more.
minimize adverse effects therefrom upon other
property in the neighborhood. Such conditions shall 6.5.6 Supplemental standards for certain
be expressly set forth in the resolution authorizing conditional uses in the OS-R zone
the conditional use. Violation of such conditions In addition to general conditional use standards and
shall be a violation of this article. supplemental use standards, the following standards
 shall apply to stadiums, solar energy systems, water
6.5.4 Effect of issuance of a conditional use pumping stations, wind energy systems, and
 approval accessory uses within structures of 2,500 square
 feet or more within the OS-R zone:



 CITY OF PORTLAND LAND USE CODE | 6-27
 60 OF 76

 Page 70
USE STANDARDS




A. The use shall be in conformity with or satisfy a C. No accessory use or uses not within a building
 deficiency identified in a federal, state, regional, shall occupy more than a combined total of
 or City recreation and open space plan, 25% of the unbuilt lot area, with the exception
 including but not limited to the state of off-street parking or as otherwise provided
 Comprehensive Outdoor Recreation Plan, as in Subsection 6.6.2.
 such plans may from time to time be created or
 revised. 6.6.2 Standards for specific accessory uses
B. Buildings and structures shall not obstruct A. Accessory Dwelling Units (ADUs)
 significant scenic views presently enjoyed by 1. Accessory Dwelling Units (ADUs) shall be
 nearby residents, passersby, or users of the site. permitted on all lawfully conforming and
C. Indoor recreation or nonrecreational uses in nonconforming lots with legal residential
 the OS-R zone shall serve a significant public uses.
 purpose that cannot reasonably be 2. ADUs shall be permitted as new detached
 accommodated outside of the OS-R zone. accessory structures, building additions, or
 within existing lawfully conforming or
6.6 ACCESSORY USES nonconforming structures. However, the
6.6.1 In general addition of an ADU may in no way increase
A. Accessory uses shall be permitted in the degree of nonconformity of any
 conjunction with permitted or conditional structure unless otherwise permitted
 principal uses. Accessory uses shall be: under this subsection.
 1. Customarily found in association with the 3. Up to two ADUs shall be permitted per
 principal use. qualifying property.
 2. Generally consistent with the impacts of 4. Under circumstances where an existing
 the principal use. nonconforming structure is converted to
 3. Secondary in nature, clearly incidental and an ADU, the design of the ADU shall take
 subordinate to the principal use in terms into consideration to the extent
 of area and function. practicable the privacy of adjacent
 4. Located on the same lot as the principal properties.
 use unless otherwise permitted. 5. An ADU shall be limited to a gross floor
 5. Consistent with the intent of the zone. area of 2/3 of the gross floor area of the
B. No accessory use or uses within a building shall largest principal unit on the lot. The
 occupy more than a combined total of 25% of aggregate square footage of detached
 the floor area of the principal building, with the ADUs on a lot shall not exceed the gross
 exception of required off-street parking, unless floor area of the principal structure.
 otherwise provided in Subsection 6.6.2 below. 6. ADUs shall be exempt from maximum lot
 In the case of multi-tenant buildings, this coverage and minimum lot area per
 standard shall apply separately to each leased dwelling unit requirements.
 portion of the principal building.



6-28 | CITY OF PORTLAND LAND USE CODE
 61 OF 76

 Page 71
 USE STANDARDS




 7. Detached ADUs shall be limited to a stacking lanes, menu/order boards,
 maximum height of 18 feet, unless trash receptacles, and service
 constructed above a garage, in which case windows shall be located to the side
 the height of the structure shall be limited or rear of the principal building where
 to 25 feet. practicable, except where such
 8. In residential zones, detached ADUs, placement will be detrimental to an
 regardless of size, shall be subject to side adjacent residential zone or use, and
 and rear setbacks for detached accessory shall be located a minimum of 40 feet
 structures less than 250 square feet, as from any adjoining property in a
 established in Article 7. residential zone. This distance shall be
 9. Detached ADUs shall not be permitted measured from the outermost edge of
 between a principal structure and a front the outside drive-through feature to
 lot line. such property line. In addition, drive-
B. Antennas, discs, transmitting and receiving through features shall be located a
 equipment. Building-mounted antennas, discs, minimum of 25 feet from a right-of-
 and other transmitting and receiving way.
 equipment shall be: b. The site shall have adequate stacking
 1. No taller than 15 feet above the highest capacity for vehicles waiting to use
 structural steel of the building roof. these service features without
 2. Setback no less than 15 feet from the impeding vehicular circulation or
 building perimeter. creating hazards to vehicular
 3. Integrated into the architecture of the circulation on adjoining streets.
 building in placement, form, color, and c. Any speakers, intercom systems, or
 material so as to screen or camouflage other audible means of
 such equipment from public view. communication shall not play pre-
C. Drive-throughs recorded messages. Any speakers,
 1. Drive-throughs shall be permitted as an intercom systems, audible signals,
 accessory use in the B-4 zone. computer prompts, or other noises
 2. Drive-throughs shall be permitted as generated by drive-through services
 conditional accessory uses in the B-2 zone or fixtures shall not exceed 55 dB or
 only if a drive-through was located on the shall be undetectable above the
 site as of the effective date of this Code. ambient noise level as measured by a
 3. In all other zones, drive-throughs shall be noise meter at the property line.
 prohibited. d. Site and vehicular light sources shall
 4. Drive-throughs shall be subject to the not unreasonably spill over or be
 following review standards: directed onto adjacent residential
 a. All components of a drive-through, properties and shall otherwise
 including, but not limited to, signs, conform to the lighting standards set



 CITY OF PORTLAND LAND USE CODE | 6-29
 62 OF 76

 Page 72
USE STANDARDS




 forth in the City of Portland Technical 1. A home occupation shall be incidental to
 Manual. the residential use of a dwelling, and shall
 e. Where automobiles may queue, not change the essential residential
 waiting for drive-through services, character of the dwelling.
 their impacts shall be substantially 2. No interior or exterior alterations that are
 mitigated to protect adjacent inconsistent with the residential use and
 residential properties from headlight character of the building shall be
 glare, exhaust fumes, and noise. As permitted. With the exception of a
 deemed necessary by the review permitted sign, there shall be no evidence
 authority, mitigation measures shall visible from the exterior of the premises
 consist of installation of solid fencing that the property is used in any way other
 with landscaping along any residential than as a dwelling. No display of products
 property line which is exposed to the shall be visible from the exterior of the
 drive-through or the enclosure of the premises.
 drive-through fixtures and lanes so as 3. Exterior signs shall be limited to one non-
 to buffer abutting residential illuminated sign not exceeding a total area
 properties and to further contain all of two square feet. Such sign must be
 associated impacts. affixed to the building, and may not project
 f. Drive-through lanes shall be designed more than one foot from the façade of the
 and placed to minimize crossing building.
 principal pedestrian access-ways or 4. The home occupation and all related
 otherwise impeding pedestrian access. activity, including any storage, equipment,
 and display of products shall be conducted
 entirely within a principal building or
 accessory structure. This does not apply to
 the home occupation of licensed family
 childcare provider, which may include
 outdoor space needed to meet state
 licensing requirements.
 5. No toxic, explosive, flammable,
 combustible, corrosive, etiologic,
 radioactive, biohazardous, or other
FIGURE 6-A: DRIVE-THROUGH SITING restricted materials shall be used or stored
D. Heliports. A heliport shall be designed and as a component of a home occupation.
 constructed in accordance with all federal and 6. No home occupation shall include
 state regulations. dispensing of medication from the
E. Home occupations dwelling.




6-30 | CITY OF PORTLAND LAND USE CODE
 63 OF 76

 Page 73
 USE STANDARDS




7. The home occupation shall not produce exempt from its provisions. Remote work
 any perceptible noise, vibration, heat, is also not considered a home occupation,
 smoke, odor, electrical interference, dust and is exempt from these provisions.
 or other particulate matter, or other F. Makers’ markets in the IL-b zone. Makers’
 nuisance effects in excess of that normally markets, including periodic or seasonal sale of
 associated with residential use. handcrafted and limited production products
8. A home occupation shall be limited to for final consumption, which may include
 residents of the dwelling and no more than prepared or raw foods, shall be permitted as an
 two nonresident employees on the accessory use in the IL-b zone, provided that:
 premises. 1. Such sales are located within a lawfully
9. The home occupation shall not create conforming principal permitted use.
 vehicular or pedestrian traffic in greater 2. Such sales occupy an area no larger than
 volumes than average for a residential 45% of the floor area devoted to the
 neighborhood. The home occupation and principal use.
 any related activity shall not create any 3. Such sales by any single vendor or group
 traffic hazards or nuisances in public of vendors shall occur for no more than a
 rights-of-way. total of 28 hours a week collectively.
10. Any clients or business-related visitors shall 4. Such products are produced or permitted
 be limited to the hours of 7:00 a.m. to 8:00 to be produced in the IL/IL-b zone.
 p.m. 5. Such products are sold by the producer of
11. The storage of semi-trucks, trailers, or the product or their designee.
 heavy equipment such as construction or G. Tasting rooms in industrial zones. Tasting
 landscaping equipment used in a rooms shall be permitted as accessory uses on
 commercial business, is prohibited. the premises of facilities where beer, wine,
12. Repair and service of any vehicles, any type spirits, other alcoholic or non-alcoholic
 of heavy machinery, or any type of engine, beverages, or food are produced, provided
 is prohibited. Repair of small electronics or that:
 appliances is allowed. 1. Service of food in the facility is limited to
13. A family childcare provider as a home that which does not constitute a full meal.
 occupation shall not be subject to floor 2. No more than 10% of the beverage menu
 area limitations for an accessory use, but in tasting rooms accessory to beverage
 shall be limited to the care of not more production or 10% of the food menu in
 than 12 children and shall have no tasting rooms accessory to food
 nonresidential employees. production is produced or manufactured
14. Businesses with no employees, no off-site.
 customers, and no external impacts are 3. Tasting rooms shall not be subject to the
 not considered home-occupations for the limitations on the use of unbuilt lot or yard
 purposes of this subsection, and are area in Subsection 6.6.1(C).



 CITY OF PORTLAND LAND USE CODE | 6-31
 64 OF 76

 Page 74
USE STANDARDS




H. Solar energy generation
 1. Accessory solar energy systems shall be
 permitted in all zones except within
 cemeteries.
 2. All accessory solar energy systems are
 subject to the following conditions:
 a. All systems shall meet the technical,
 safety, and maintenance standards in
 the City of Portland Technical Manual.
 b. Solar energy systems shall minimize
 impacts resulting from construction
 and maintenance of the solar energy
 system, including lighting, security
 measures, traffic, and grid I. Wind energy generation. Ground-mounted
 connections. and roof-mounted accessory wind energy
 c. Solar panel placement shall minimize systems shall be permitted as accessory uses
 or negate any solar glare impacting within all zones. Accessory wind energy systems
 nearby properties or roadways, are subject to the following standards:
 without unduly impacting the 1. Accessory wind energy systems shall
 functionality or efficiency of the solar comply with all general use standards for
 energy system. wind energy systems as stated under
 d. Ground-mounted accessory solar Subsection 6.4.41.A of this article.
 energy systems shall be located in side 2. Properties shall be limited to one ground-
 or rear yards only, and shall be subject mounted accessory wind energy system
 to all dimensional standards for and two roof-mounted accessory wind
 detached accessory structures within energy systems.
 Article 7 unless otherwise specified. 3. The maximum height of a ground-mounted
 e. Building-mounted or roof-mounted accessory wind energy system is 25 feet in
 accessory solar energy systems are all RN zones, the B-1 zone, and all island
 not included in the calculation of zones. In all other zones, the maximum
 maximum structure height, but must height shall be the maximum height
 meet the following standards: allowed within the zone or 45 feet,
 whichever is less.
 4. The maximum height of any roof-mounted
 accessory wind energy system is 15 feet
 above the height of such structure. Roof-
 mounted systems are not included in the
 calculation of maximum structure height.



6-32 | CITY OF PORTLAND LAND USE CODE
 65 OF 76

 Page 75
 USE STANDARDS




 5. Roof-mounted accessory wind energy elsewhere in the City of Portland Code of
 systems shall be set back from any edge of Ordinances. All temporary uses require a temporary
 the building upon which they are mounted use permit unless specifically cited as exempt. A
 by a distance equal to or greater than the temporary use permit may be issued for additional
 total height of the system, measured from temporary uses not specifically listed per
 the roof surface at the point of attachment Subsection 6.7.2(G) below. Temporary uses do not
 to the top of the system at maximum require additional parking unless specifically cited in
 vertical rotation. The setback distance shall the temporary use standards or stipulated as a
 be measured to the center of the wind condition of approval.
 generator base.
 6. Ground-mounted accessory wind energy 6.7.2 Standards for specific temporary uses
 systems shall be setback from property A. Farmstands
 lines by a distance equal to or greater than 1. A farmstand for the sale of food or non-
 1.1 times the total height of the system, food crops grown only on the premises is
 measured from the base of the system to permitted, and shall be exempt from
 the top of the system at maximum vertical temporary use permit requirements.
 rotation. The setback distance shall be 2. In the island zones, such stand may include
 measured to the center of the wind the sale of agricultural products produced
 generator base. on the premises or the sale of fish or
 7. Ground-mounted accessory wind energy shellfish caught by the occupant of the
 systems shall be located within the rear premises.
 yard only and shall be sited to maximize 3. Acceptable stands are a portable table or
 existing vegetative or other screening from cart, and cannot exceed an area of 200
 nearby residential buildings and public square feet.
 ways. The location shall minimize changes 4. Farmstands are permitted for no more
 to existing topography and natural than 180 days per calendar year, and shall
 vegetation which would result from be removed when not in use.
 construction or maintenance of the 5. Farmstands must be set back from all
 system. public rights-of-way a distance of no less
 than five feet.

6.7 TEMPORARY USES B. Garage/yard sales
6.7.1 In general 1. A garage/yard sale is permitted as a
Temporary uses may be permitted as determined temporary use on residential property, and
by the Planning Authority or Building Authority. shall be exempt from temporary use
Temporary uses on private property shall comply permit requirements.
with the standards of this section, as well as 2. Garage/yard sales are limited to no more
regulations pertaining to temporary uses contained than six days per calendar year.



 CITY OF PORTLAND LAND USE CODE | 6-33
 66 OF 76

 Page 76
USE STANDARDS




C. Real estate project sales offices or model lot contains a fence or other barrier that
 units prohibits entry onto the lot.
 1. A real estate sales office/model unit(s) is E. Temporary outdoor sales
 allowed for a residential development. 1. Temporary outdoor sales in residential
 2. No real estate sales office/model unit(s) zones are limited to those events
 may be located in a manufactured home or conducted by and located on the premises
 off-site. of a place of assembly, an elementary,
 3. The temporary use permit shall be valid for middle, or secondary school, or a post-
 the life of the residential development secondary school, and shall be exempt
 project. The real estate sales office must from temporary use permit requirements.
 be removed and/or closed within 30 days 2. Time limits shall be as follows:
 after the sale or rental of the last unit a. Time limitations apply to the lot, not
 within the development. The model unit(s) the operator of the use.
 must be closed within 30 days after the b. Temporary outdoor sales events in
 sale or rental of the last unit of the residential zones are limited to three
 development. events per calendar year, with a
 4. All activities conducted within real estate maximum of either three consecutive
 sales office/model unit(s) must be directly days, or two consecutive weekends. A
 related to the construction and sale of minimum of 30 days between events
 properties within the particular is required.
 development. Use as a general office of c. Temporary outdoor sales events in
 operation of any firm is prohibited. nonresidential zones are limited to
D. Temporary contractor’s yards four events per calendar year, with a
 1. A temporary contractor’s yard is allowed maximum duration of five days per
 incidental to a construction project. event, and a minimum of 30 days
 2. The temporary use permit shall be valid for between events.
 the life of the project, to be verified by d. Temporary outdoor sales events for
 open permits. seasonal sales, such as Christmas trees
 3. The temporary contractor’s yard shall be or pumpkins, are limited to four
 removed within 30 days of the completion events per calendar year, with a
 of construction, and the premises shall be maximum of 30 days per event and a
 restored to their pre-construction state. minimum of 30 days between events.
 4. Temporary contractor’s yards shall be e. Temporary outdoor sales events in
 screened on all sides by a fence a minimum any nonresidential zone must be
 of six feet in height to a maximum of eight located a minimum of 125 feet from a
 feet in height. Fencing shall not be residential zone.
 required on shared lot lines if the abutting F. Temporary outdoor storage containers




6-34 | CITY OF PORTLAND LAND USE CODE
 67 OF 76

 Page 77
 USE STANDARDS




 The use of an outdoor storage container is preserved to the greatest possible extent
 limited to a maximum of 90 days per calendar consistent with the uses of the property.
 year, and shall be exempt from temporary use C. Loading areas shall be screened and parking
 permit requirements. areas shall be screened and landscaped so as to
G. Additional temporary uses. In addition to the avoid a large continuous expanse of paved area.
 temporary uses listed above, a temporary use D. Buildings and structures shall be sited to avoid
 permit may be issued by the Planning Authority obstructing significant scenic views presently
 or Building Authority for other temporary uses enjoyed by nearby residents, passersby, and
 that are substantially similar to a temporary use users of the site.
 listed above. A permit may be issued if the E. Storage of commodities and equipment shall
 Planning Authority determines that such use is be completely enclosed within buildings or
 compatible with the surrounding land uses and provided with screening by a fence, wall, or
 proper care has been taken to address landscaping.
 potential impacts to surrounding land uses. The F. The outer perimeter of playfields, play lots, and
 time limit of such temporary use will be other active recreational areas shall be
 determined and approved as part of the screened, or shall be located a reasonable
 temporary use permit. distance from any residential use.

6.8 PERFORMANCE STANDARDS 6.8.2 Discharges
All uses shall comply with the performance No discharge shall be permitted at any point into
standards established in this section, unless any any private sewage disposal system, or stream, or
federal, state, or local law, ordinance, or regulation into the ground, of any materials in such a way or of
establishes a more restrictive standard, in which such nature or temperature as to contaminate any
case the more restrictive standard shall apply. water supply, or otherwise cause the emission of
 dangerous or objectionable elements, except in
6.8.1 Development in the OS-R and OS-P zones accordance with standards approved by the Public
All development in the OS-R and OS-P zones shall Health Authority or by the Public Works Authority.
comply with the following development standards: No discharge into harbor water areas shall be
A. All ground areas not used for parking, loading, permitted, unless permitted by the Maine
 vehicular, or pedestrian areas and not left in Department of Environmental Protection under a
 their natural state shall be suitably landscaped waste discharge license and as approved by the
 and designed with quality materials that are Department of Public Works in accordance with
 consistent with adopted City policy or master Chapter 24 of the City of Portland Code of
 plans, and which provide a comfortable, Ordinances. All private sewage disposal or private
 durable, accessible, readily maintainable, and wastewater treatment facilities shall comply with
 aesthetically pleasing environment. the provisions of Chapter 24.
B. Natural features, such as mature trees and
 natural surface drainageways, shall be 6.8.3 Electromagnetic interference



 CITY OF PORTLAND LAND USE CODE | 6-35
 68 OF 76

 Page 78
USE STANDARDS




 landscaped. Rear yards, side yards, and the
 TABLE 6-H: NOISE STANDARDS
 perimeter of any parking area for greater than
 Daytime/Evening Night
 15 vehicles shall be landscaped if visible from a
 Zone (7 a.m.-9 p.m.) (9 p.m.-7 a.m.)
 right-of-way, public open space, or residential
 I-B 60 dBA 55 dBA zone.
 O 60 dBA 60 dBA
 B-1 55 dBA 55 dBA 6.8.6 Noise
 B-2/B-2b 60 dBA 55 dBA A. No use shall be operated so as to generate
 B-3 60 dBA 55 dBA recurring noises that are unreasonably loud,
 B-4 65 dBA 60 dBA cause injury, or create a nuisance to any person
 B-5, B-6 60 dBA 50 dBA of ordinary sensitivities.
 I-L/I-Lb 60 dBA 50 dBA B. The maximum permissible sound level of any
 I-M/I-Mb 70 dBA 55 dBA continuous, regular, or frequent source of
 I-H 75 dBA 55 dBA
 sound produced by an activity shall be as
 shown in Table 6-H.
 A-B 60 dBA 60 dBA
 C. Sound shall be measured as follows:
In any industrial zone, there shall be no
 1. For noise generated by a use in the I-L/I-Lb,
electromagnetic interference that adversely affects
 I-M/I-Mb, and I-H zones, sound shall be
the operation of any equipment other than that
 measured at or within the boundaries of
belonging to the creator of such interference.
 the nearest residential zone.
 2. For noise generated by a use in the B-1, B-
6.8.4 Exterior lighting
 2/B-2b, B-3, B-4, B-5, B-6, I-B, O, and A-B
All exterior lighting shall be designed and installed
 zones, sound shall be measured at lot
with full cut-off fixtures to direct illumination onto
 boundaries.
the site and to prevent illumination from such
 D. Sound levels shall be measured with a sound
fixtures on neighboring properties in accordance
 level meter with a frequency weighting network
with the City of Portland Technical Manual.
 manufactured according to standards
 prescribed by the American National Standards
6.8.5 Landscaping and screening
 Institute (ANSI) or its successor body.
A. In all mixed-use zones, the I-B zone, TOD zones,
 E. Wind energy systems. Where the underlying
 the O zone, and the A-B zone outside of
 zone is residential and does not specify sound
 restricted access areas, sites shall be
 requirements, or where the system will be
 landscaped to screen parking and accessory
 within 100 feet of a residential zone, sound
 site elements, including storage and solid waste
 generated by the wind energy system shall not
 receptacles, from the right-of-way, public open
 exceed 45 decibels on the A scale between the
 space, or abutting residential zones.
 hours of 9:00 p.m. and 7:00 a.m., and 50
B. In the I-H zone, where a front yard abuts an
 decibels on the A scale between 7:00 a.m. and
 arterial or a major collector street, it shall be
 9:00 p.m., as measured at the nearest property



6-36 | CITY OF PORTLAND LAND USE CODE
 69 OF 76

 Page 79
 USE STANDARDS




 line in accordance with this provision and odors of such intensity and character as to be
 technical standards set out in the City of detrimental to the public health and welfare occur
 Portland Technical Manual. Audible sound in an area within two separate 24-hour periods. The
 levels of wind energy systems shall include 10 confirmed complaints must originate from 10
 sounds generated in all conditions including different households in a residential zone, or from
 low and high winds (furling, yawing, and flutter) 10 different individuals in a commercial or industrial
 and power outages (freewheeling). zone.
F. Exemptions
 1. Noises created by construction and 6.8.8 Exterior stairways
 maintenance activities between 7:00 a.m. Exterior stairs may be permitted, so long as such
 and 9:00 p.m. are exempt from the stairways shall have minimal visual impact upon the
 maximum permissible sound levels set building and are located in the rear or side yard.
 forth in Table 6-H.
 2. The following uses and activities shall also 6.8.9 Outdoor storage
 be exempt from the requirements of Table Outdoor storage shall comply with the
 6-H: requirements of Table 6-I.
 a. The noises of safety signals, warning
 devices, emergency pressure relief 6.8.10 Smoke and dust
 valves, and any other emergency Visible emissions from a direct or fugitive emission
 devices. source may not exceed an opacity of 20% for more
 b. Traffic noise on public roads or noise than 2.5 minutes in any half-hour period. All visible
 created by aircraft and railroads. emissions must comply with the standards of the
 c. Noise created by refuse and solid Maine Department of Environmental Protection.
 waste collection.
 d. Emergency construction or repair
 work by public utilities, at any hour. 6.8.11 Storage and repair of vehicles
 e. Noise created by any recreational A. In all residential zones, all island zones, and the
 activities which are permitted by law B-3 zone, only one unregistered motor vehicle
 and for which a license or permit has may be stored outside, for a period not
 been granted by the City, including but exceeding 30 days.
 not limited to concerts, parades, In all other mixed-use zones, storage of
 sporting events, and fireworks unregistered motor vehicles for more than 10
 displays. days, and outdoor storage of used automobile
 tires shall be prohibited.
6.8.7 Odor B. No partially dismantled, wrecked, or junked
It shall be a violation of this article to create an odor vehicles shall be stored outdoors. This
nuisance. An odor nuisance shall be considered to provision does not apply to vehicles
exist when 10 confirmed complaints relating to undergoing repair.



 CITY OF PORTLAND LAND USE CODE | 6-37
 70 OF 76

 Page 80
USE STANDARDS




C. All vehicle repair facilities shall be screened receptacles shall be within designated,
 along interior side and rear lot lines by a screened areas. In industrial zones and the B-4
 landscaped buffer or solid fence a minimum of zone, outdoor storage of refuse, debris, or
 five feet in height. previously used materials awaiting reuse shall
 either be in an appropriate container or located
6.8.12 Waste disposal within a designated, screened area.
A. All solid waste disposal, including materials B. Containers or receptacles shall not leak or
 which might cause fumes or dust, or constitute otherwise permit liquids or solids to escape
 a fire hazard if stored outdoors, shall be only in from the container or be transferred beyond
 fully enclosed, covered containers or lot boundaries by natural causes or forces.
 receptacles. In all nonresidential zones except Areas attracting large numbers of insects or
 for the industrial zones, such containers or vermin are prohibited.




6-38 | CITY OF PORTLAND LAND USE CODE
 71 OF 76

 Page 81
 USE STANDARDS




TABLE 6-I: OUTDOOR STORAGE STANDARDS
 B-2/ I-L/ I-M/
 B-1 B-3 B-4 B-5 B-6 I-B O A-B I-H
 B-2b I-Lb I-Mb
 There shall be no outdoor storage except
for fully enclosed receptacles for solid waste ⏺ ⏺ ⏺ ⏺ ⏺
 disposal.

 All outdoor storage must be located a
 minimum of 20 feet from any lot line.
 However, when abutting a residential zone,
 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 all outdoor storage must be located a
minimum of 100 feet from a lot line abutting
 such zone.

 Outdoor storage areas must be designed
 and maintained so as to prevent the
  accumulation of debris and standing water
 that can attract insects and vermin. All
 outdoor storage areas shall employ
 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 measures to prevent displacement of
 materials and windblown dust or
particulates, including the use of windbreaks,
  tarps, or other coverings to protect stored
 materials from the elements.

 No outdoor storage shall be permitted in
 the front setback, except for storage for
  plant and tree nurseries or lumber yards if
 listed as a permitted use. All such storage
 located in the front setback shall consist of ⏺ ⏺ ⏺ ⏺
 live plant materials or lumber products. No
 aggregate materials, machinery, or other
 materials or products shall be stored in the
 front setback.

 All outdoor storage shall be suitably
 screened from the public way and abutting
 properties by a landscaped buffer or solid
  fence at least five feet in height. This does ⏺ ⏺ ⏺ ⏺
 not apply to storage of materials allowed in
 the front setback for plant and tree
 nurseries or lumber yards.

 Exterior lighting of outdoor storage areas
 shall not exceed that which is required for
 ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺ ⏺
 security purposes and shall meet the
 standards of Subsection 6.8.4.




 CITY OF PORTLAND LAND USE CODE | 6-39
 72 OF 76

 Page 82
USE STANDARDS




C. Where food processing is permitted, all food entrances of each. The main entrance is
 processing waste shall be stored within a defined as one or more public entrances
 completely enclosed structure. If not intended to provide primary access for patrons
 refrigerated, such waste shall be removed from to areas designed for public use, such as
 the site in an enclosed container within 48 lobbies, vestibules, concourses, seating areas,
 hours of its generation. All enclosed and or similar spaces. This definition does not
 exterior food processing waste storage areas include secondary entrances used primarily for
 shall be cleaned and sanitized on a regular staff, production, limited public or ADA access,
 basis. or performers. This dispersal requirement shall
 not apply to entertainment businesses that do
6.8.13 Vibration not allow amplified entertainment.
A. In any mixed-use zone and the O zone, D. Any entertainment business located in the B-3
 vibration inherently and recurrently generated or WCZ zones on or before 3, 2006 shall not be
 shall be imperceptible without instruments at required to comply with this dispersal
 lot boundaries. This shall not apply to vibration requirement. If located within 100 feet of
 resulting from activities aboard a vessel or from another entertainment business, such business
 railroad vehicle activities, or from activities on a shall be considered a lawfully nonconforming
 pile-supported pier. use subject to the standards of Article 4 of this
B. In all industrial zones, any use creating Code. Any such business shall continue to be
 earthshaking vibrations, with the exception of considered an entertainment business for the
 airports, shall be controlled in such a manner as purpose of administering this dispersal
 to prevent transmission beyond lot lines of requirement for a new or relocating
 vibrations causing a displacement of .003 or entertainment business in the B-3 and WCZ
 greater on one inch, as measured by a zones.
 vibrograph or similar instrument at the E. Where two or more entertainment businesses
 property boundaries. operate on one site, and where each business
 entity requires or has a separate business
6.8.14 Entertainment businesses in the B-3 and license, or displays in a manner visible from
 WCZ zones public property separate business trademarks,
C. In the B-3 and WCZ zones, a business with an logos, service marks, or other mutually
 entertainment license as required or authorized identifying names or symbols, each business
 by Chapter 4, Section 4-51(a) of the City of entity shall be counted as a separate
 Portland Code of Ordinance shall be entertainment business for the purposes of this
 considered an entertainment business for the section.
 purposes of this section., and may not be F. Following a hearing held pursuant to Chapter
 located within 100 feet of another 15, Section 15-10 of the City of Portland Code of
 entertainment business, as measured along or Ordinances, the Building Authority may impose
 across public ways from the main entrance or conditions on the food service license of any



6-40 | CITY OF PORTLAND LAND USE CODE
 73 OF 76

 Page 83
 USE STANDARDS




entertainment business in the B-3 and WCZ
zones that operates between 1:00 a.m. and
4:00 a.m. to maintain or improve public safety.
Such conditions may be imposed following a
written recommendation from the Portland
Police Department that such conditions are
necessary. The Building Authority’s decision
may be appealed to the City Manager pursuant
to Chapter 15, Section 15-9 of the City of
Portland Code of Ordinances. Nothing in this
section shall be construed to limit the Building
Authority’s authority in Chapter 15 to deny,
suspend, or revoke any license pursuant to the
standards and process in that chapter.




 CITY OF PORTLAND LAND USE CODE | 6-41
 74 OF 76

 Page 84
EXHIBIT B FOLLOWS ON NEXT PAGE




 75 OF 76

 Page 85
76 OF 76

Page 86
Economic and Fiscal
Contributions of
Proposed Concert
Venue in Portland, ME




Prepared by: Prepared for:




 Published April 2025
 Page 87
CONTENTS
 1 Research Overview
 2 Key Findings
 3 Direct Impacts
 4 Summary Economic Impacts
 5 Detailed Economic Impacts
 6 Fiscal (Tax) Impacts




 Page 88
1
 Research Overview




 Page 89
 3
 Confidential – Not For Distribution




Introduction
Live Nation is proposing to develop a new 3,300-seat indoor concert venue in
Portland, Maine.
Spending by concert and event patrons on-site at the venue and at local, off-
site establishments and businesses will generate significant economic and
fiscal (tax) impacts throughout the regional economy. This study analyzes the
various impacts attributable to the proposed venue.
To quantify the economic impacts, Oxford Economics prepared a
comprehensive model to quantify the impacts arising from patron spending
on-site at the venue and at off-site establishments throughout the regional
economy. Portland, ME is located in Cumberland County, which is part of the
Portland-South Portland metropolitan statistical area (MSA).
In order to best capture the impacts of the proposed venue throughout the
regional economy, Oxford Economics based the impact modeling on an
IMPLAN input-output (I-O) model for the Portland-South Portland MSA.
The results of this study show the scope of the venue’s potential future
impacts in terms of on-site and off-site spending by non-local venue patrons,
as well as total economic impacts, including total business sales, employment,
labor income, and fiscal (tax) impacts.




 Page 90 4
 4
2
 Key Findings




 Page 91
 5
 Confidential – Not For Distribution

 Annual Economic Impacts

 The $25.5 million in spending by non-local patrons will generate a total annual economic
 impact of $44.2 million in the Portland-South Portland MSA. This total annual economic
 impact of $44.2 million will support approximately 472 FTE jobs and will generate $2.7
 million in state and local taxes on an annual basis.


Portland Concert Venue
Annual Economic Impacts of Visitor Spending $44.2 MILLION
 Total Annual Economic Impact of Spending by Non-Local Patrons

Direct Spending Impacts – Annual Visitor Spending
The proposed venue will attract an estimated 266,000 patrons on an annual basis, including
106,000 local patrons and 160,000 non-local patrons.
In addition to spending money during their visit to the venue (on items such as concessions
and merchandise), non-local patrons will also spend money at businesses and Summary Annual Economic Impacts
establishments in the local economy during their stay in the region, including local Attributable to Spending by Non-Local Patrons
restaurants, retailers, and lodging establishments. Oxford Economics estimates that total on-
site and off-site spending by non-local venue patrons will amount to $25.5 million, including
$7.3 million in spending by non-local daytrip visitors and $18.1 million in spending by non-
local overnight visitors.


 $25.5M $44.2M 472 $2.7M
 On-Site & Total Total Total State &
 $7.3M + $18.1M = $25.5M Off-Site Economic Jobs Local Taxes
  On-Site & Off-Site On-Site & Off-site Total On-site & Spending by Impact Supported Generated
 Spending by Spending by Off-site Visitor Non-Local
  Non-Local Daytrip Non-Local Overnight Spending by Patrons
 Visitors Visitors Non-Local Venue
 Patrons

 Page 92 6
 6
3
 Direct Impacts




 Page 93
 7
 Confidential – Not For Distribution




Direct Impacts
Spending by Non-Local Patrons
 Share of Venue Patrons, by Origin
On an annual basis, non-local patrons will spend a total of (Number of patrons and % share)
$25.5 million in the local economy during their stay in the
region Non-local day trip, Non-local overnight,
 66,394 , 92,951 ,
 25% 35%
Annual Patron Spending
The proposed venue will have a capacity of 3,300 seats. Based on data provided by Live
Nation, the proposed venue will sell 265,574 tickets each year after achieving stabilized
operations in the venue’s third year of operations. Oxford Economics estimates that the
265,574 total tickets sold will include 106,230 tickets (40%) sold to local patrons and
 Local,
 106,230 ,
159,344 (60%) tickets sold to non-local patrons. The 159,344 tickets sold to non-local 40%
patrons will include 66,394 tickets sold to non-local day trip patrons and 92,951 tickets sold
to non-local overnight patrons.
In addition to spending money on merchandise and concessions during their visit to the
venue, non-local patrons will also spend money at businesses and establishments in the Total Visitor Spending by Non-Local Venue Patrons
local economy during their stay in the region, including local restaurants, retailers, and ($ millions)
recreation/entertainment venues. Oxford Economics estimates that total on-site and off-site
 Description Amount
spending by venue patrons will amount to $25.5 million in the venue’s third year of
operations, including $7.3 million in spending by non-local daytrip visitors and $18.1 million
 Total non-local patron spending $25.5
in spending by non-local overnight visitors.
 Spending by non-local daytrip patrons $7.3
The analysis excludes spending by local patrons at restaurants and other local businesses
since these patrons would spend money in the regional economy even if they don’t attend Spending by non-local overnight patrons $18.1
an event at the proposed venue.


 Page 94
 8
 Confidential – Not For Distribution




Direct Impacts Total Spending by Non-Local Venue Patrons
 ($ millions)
Spending by Non-Local Patrons
 $25.5 Million Total Spending by Non-Local Patrons
On an annual basis, non-local patrons will spend a total of
$25.5 million in the local economy during their stay in the
region


The $25.5 million in total spending by non-local venue patrons will be spread across
a number of industries. As shown in the accompanying figure, Oxford Economics $5.5M
 $7.6M
estimates that non-local venue patrons will spend $7.6 million on recreation and Food & Beverage
entertainment (including ticket purchases), $6.4 million on lodging, $5.5 million on Entertainment
food and beverage, $3.9 million on retail, and $2.2 million on transportation
(including gasoline purchases).




 $3.9M
 Retail
 $6.4M
 Lodging
 $2.2M
 Transportation


 Source: Oxford Economics
 Notes: Entertainment spending includes ticket purchases. Food & Beverage spending
 includes general concession purchases at events. Retail spending includes merchandise
 purchases at events. Transportation spending includes spending on gasoline.
 Page 95
 9
4
 Summary
 Economic
 Impacts



 Page 96
 10
 Confidential – Not For Distribution




 Economic Impact Framework




 Economic Impacts

 Venue’s contribution The venue and tourism- Employees of the venue
The economic impacts of the venue’s direct impacts (including annual impacts of spending by
 measured by on-site related businesses and tourism-related
non-local patrons) were estimated using a regional Input-Output (I-O) model based on a and off-site visitor purchase goods and businesses spend wages
customized IMPLAN (www.implan.com) model for the regional economy of the Portland-South spending on retail, services from other throughout the wider
 lodging, transportation, providers creating economy, generating
Portland Metropolitan Statistical Area. IMPLAN is recognized as an industry standard in local- dining, recreation, and supply chain effects and GDP, jobs, and tax
level I-O models. An I-O model represents a profile of an economy by measuring the entertainment, etc. engaging B2B goods and revenues
 services.
relationships among industries and consumers to track the flow of industry revenue to wages,
profits, capital, taxes and suppliers. The supply chain is traced as dollars flow through the
economy, representing indirect impacts. The model also calculates the induced impacts of
spending. Induced impacts represent benefits to the economy as incomes earned as a result of
direct spending are spent in the local economy, generating additional sales, jobs, taxes, and
income.
The modeling process begins with aligning the direct expenditure measurements with the
related sectors in the model (e.g. hotels, restaurants, retail, and recreation). The model is then
run to trace the flow of these expenditures through the economy. In this process, the inter-
relationships between consumers and industries generate each level of impact.
IMPLAN calculates three levels of impact – direct, indirect, and induced – for a broad set of
indicators. These include the following:
 ▪ Business sales (also called gross output) ▪ Federal taxes
 ▪ Labor income (including wages and benefits) ▪ State and local taxes

 Page 97 11
 11
 Confidential – Not For Distribution




Summary Economic Impacts
Spending by Non-Local Patrons


Spending by non-local venue patrons will generate a total Summary Annual Economic & Fiscal (Tax) Impacts
economic impact of $44.2 million on an annual basis Attributable to Spending by Non-Local Venue Patrons
 ($ millions and number of FTE jobs)
The $25.5 million in spending by non-local venue patrons will generate $18.7 million Economic
in indirect and induced business sales, resulting in a total economic impact of $44.2 Impacts
million on an annual basis. This total economic impact will include $17.0 million in
 Total business sales $44.2
total labor income, supporting 472 FTE jobs per year.
 Direct patron spending $25.5
The total economic impact of $44.2 million will generate $2.7 million in state and Indirect & induced impacts $18.7
local taxes on an annual basis.
 Total labor income $17.0
 Direct labor income $12.1
 Indirect & induced labor income $5.0

 Total employment impact 472
 Direct jobs 341
 Indirect & induced jobs 130

 Total state and local taxes $2.7

 Source: Tourism Economics
 Note: Totals may not sum due to rounding




 Page 98
 12
6
 Detailed Economic
 Impacts




 Page 99
 13
 Confidential – Not For Distribution




Business Sales by Industry
Patron Spending - Business Sales Impacts


Spending by non-local venue patrons will generate a total Annual Business Sales Impacts by Industry
annual economic impact of $44.2 million throughout the (Portland-South Portland MSA, $ millions)
Portland-South Portland MSA Direct Indirect Induced Total
 Business Business Business Business
 Sales Sales Sales Sales
The $25.5 million in annual spending by non-local venue patrons will generate
 Total, all industries $25.5 $11.3 $7.4 $44.2
$11.3 million in indirect business sales and $7.4 million in induced business sales,
 By industry
resulting in a total annual economic impact of $44.2 million throughout the Recreation and Entertainment $7.6 $1.7 $0.1 $9.4
Portland-South Portland MSA. Food & Beverage $5.4 $0.4 $0.6 $6.5
 Lodging $6.4 $0.0 $0.0 $6.4
Summary Economic Impacts Attributable to Patron Spending Finance, Insurance and Real Estate $0.0 $3.3 $2.3 $5.7
 Retail Trade $3.9 $0.1 $0.6 $4.6
(Portland-South Portland MSA, $ millions) Business Services $0.0 $2.9 $0.7 $3.6
 $7.4 $44.2 Education and Health Care $0.0 $0.4 $1.4 $1.8
 Gasoline Stations $1.5 $0.0 $0.1 $1.6
 $11.3 Other Transport $0.6 $0.4 $0.1 $1.2
 Communications $0.0 $0.7 $0.3 $1.0
 $25.5 Construction and Utilities $0.0 $0.5 $0.2 $0.7
 Wholesale Trade $0.0 $0.3 $0.4 $0.7
 Personal Services $0.0 $0.2 $0.3 $0.6
 Government $0.0 $0.2 $0.1 $0.3
 Manufacturing $0.0 $0.1 $0.1 $0.2
 Agriculture, Fishing, Mining $0.0 $0.0 $0.0 $0.0
 Direct Indirect Induced Total
 Air Transport $0.0 $0.0 $0.0 $0.0
 Business Business Business Business
 Sales Sales Sales Sales Source: Tourism Economics
 Note: Totals may not sum due to rounding
 Page 100
 14
 Confidential – Not For Distribution




Business Sales by Industry
Patron Spending - Business Sales Impacts


Spending by non-local venue patrons will generate a total Annual Business Sales Impacts by Industry
annual economic impact of $44.2 million throughout the (Portland-South Portland MSA, $ millions)
Portland-South Portland MSA Recreation and Entertainment
 Food & Beverage
The recreation and entertainment industry will be the most-impacted industry with Lodging
 Finance, Insurance and Real Estate
approximately $9.4 million in total output in the Portland-South Portland MSA. Food &
 Retail Trade
beverage and lodging will follow with $6.5 million and $6.4 million in total business Business Services
sales, respectively. Education and Health Care
 Gasoline Stations
 Other Transport
 Communications
 Construction and Utilities
 Wholesale Trade
 Personal Services Direct Indirect Induced
 Government
 Manufacturing
 Agriculture, Fishing, Mining
 $ millions
 Air Transport

 $0 $2 $4 $6 $8 $10

 Source: Tourism Economics




 Page 101
 15
 Confidential – Not For Distribution




Employment by Industry
Patron Spending - Employment Impacts
 Annual Employment Impacts by Industry
 (Portland-South Portland MSA, number of FTE jobs)
Spending by non-local venue patrons will generate a total
employment impact of 472 FTE jobs throughout the Direct Indirect  Induced Total
 Employment Employment Employment Employment
Portland-South Portland MSA
 Total, all industries 341 81 50 472

The total economic impact attributable to patron spending will support 472 FTE jobs By industry
 Recreation and Entertainment 226 16 2 244
on an annual basis throughout the Portland-South Portland MSA, including
 Food & Beverage 40 5 6 51
approximately 341 direct jobs (including jobs on-site at the proposed venue), 81 Lodging 39 0 0 39
indirect jobs, and 50 induced jobs. Retail Trade 22 1 6 29
 Business Services 0 21 5 27
 Finance, Insurance and Real Estate 0 16 6 22
Summary Employment Impacts Attributable to Patron Spending Other Transport 13 6 2 21
 Education and Health Care 0 4 14 19
(Portland-South Portland MSA, number of FTE jobs) Personal Services 0 2 4 7
 50 472 Communications 0 2 1 3
 81 Government 0 2 0 3
 Wholesale Trade 0 1 1 2
 341 Gasoline Stations 2 0 0 2
 Construction and Utilities 0 1 1 2
 Agriculture, Fishing, Mining 0 0 0 1
 Manufacturing 0 0 0 1
 Air Transport 0 0 0 0

 Source: Tourism Economics
 Note: Totals may not sum due to rounding.

 Direct Indirect Induced Total
 Jobs Jobs Jobs Jobs
 Page 102
 16
 Confidential – Not For Distribution




Employment by Industry
Patron Spending - Employment Impacts


Spending by non-local venue patrons will generate a total Annual Employment Impacts by Industry
employment impact of 472 FTE jobs throughout the (Portland-South Portland MSA, number of FTE jobs)
Portland-South Portland MSA
 Recreation and Entertainment
 Food & Beverage
 Lodging
The recreation and entertainment industry will rank first with 244 total FTE jobs. The
 Retail Trade
food and beverage and lodging industries will follow with 51 FTE jobs and 39 FTE Business Services
jobs, respectively. Finance, Insurance and Real Estate
 Other Transport
 Education and Health Care
 Personal Services
 Communications
 Government
 Wholesale Trade
 Gasoline Stations Direct Indirect Induced
 Construction and Utilities
 Agriculture, Fishing, Mining
 Manufacturing jobs
 Air Transport

 0 50 100 150 200 250 300
 Source: Tourism Economics




 Page 103
 17
 Confidential – Not For Distribution




Labor Income by Industry
Patron Spending - Labor Income Impacts
 Annual Labor Income Impacts by Industry
 (Portland-South Portland MSA, $ millions)
Spending by non-local venue patrons will generate a total Direct Indirect Induced Total
annual labor income impact of $17.0 million throughout the Labor Labor Labor Labor
 Income Income Income Income
Portland-South Portland MSA
 Total, all industries $12.1 $2.8 $2.1 $17.0

Spending by non-local venue patrons will support $12.1 million in direct labor By industry
 Recreation and Entertainment $7.7 $0.1 $0.0 $7.9
income, $2.8 million in indirect labor income, and $2.1 million in induced labor
 Food & Beverage $1.6 $0.1 $0.2 $2.0
income, resulting in $17.0 million in total labor income throughout the Portland- Lodging $1.7 $0.0 $0.0 $1.8
South Portland MSA on an annual basis. Business Services $0.0 $1.2 $0.3 $1.5
 Education and Health Care $0.0 $0.2 $0.7 $0.9
 Retail Trade $0.7 $0.0 $0.2 $0.9
Summary Labor Income Impacts Attributable to Patron Spending Finance, Insurance and Real Estate $0.0 $0.4 $0.3 $0.7
(Portland-South Portland MSA, $ millions) Other Transport $0.2 $0.1 $0.1 $0.4
 Personal Services $0.0 $0.1 $0.1 $0.2
 $2.1 $17.0 Government $0.0 $0.1 $0.0 $0.2
 $2.8 Wholesale Trade $0.0 $0.1 $0.1 $0.2
 Communications $0.0 $0.1 $0.0 $0.2
 $12.1
 Gasoline Stations $0.1 $0.0 $0.0 $0.1
 Construction and Utilities $0.0 $0.1 $0.0 $0.1
 Manufacturing $0.0 $0.0 $0.0 $0.0
 Agriculture, Fishing, Mining $0.0 $0.0 $0.0 $0.0
 Air Transport $0.0 $0.0 $0.0 $0.0

 Source: Tourism Economics
 Direct Indirect Induced Total Note: Totals may not sum due to rounding
 Labor Labor Labor Labor
 Income Income Income Income

 Page 104
 18
 Confidential – Not For Distribution




Labor Income by Industry
Patron Spending - Labor Income Impacts


 Annual Labor Income Impacts by Industry
Spending by non-local venue patrons will generate a total
 (Portland-South Portland MSA, $ millions)
annual labor income impact of $17.0 million throughout the
Portland-South Portland MSA Recreation and Entertainment
 Food & Beverage
 Lodging
 Business Services
 Education and Health Care
The recreation and entertainment industry will be the most impacted industry in the Retail Trade
Portland-South Portland MSA with approximately $7.9 million in total labor income. Finance, Insurance and Real Estate
 Other Transport
The food & beverage industry will follow with $2.0 million in total labor income,
 Personal Services
including $1.6 million in direct labor income, $0.1 million in induced labor income, Government
and $0.2 million in induced labor income. Wholesale Trade
 Communications
 Gasoline Stations Direct Indirect Induced
 Construction and Utilities
 Manufacturing
 Agriculture, Fishing, Mining
 Air Transport $ millions
 $0 $1 $2 $3 $4 $5 $6 $7 $8 $9

 Source: Tourism Economics




 Page 105
 19
7
 Fiscal (Tax)
 Impacts




 Page 106
 20
 Confidential – Not For Distribution




Tax Generation
 Annual Fiscal (Tax) Impacts Attributable to Patron Spending
Patron Spending – Annual Tax Impacts (Federal and state and local taxes, $ millions)

 Direct Indirect & Total
 Taxes Induced Taxes Taxes
The total economic impact of $44.2 million attributable to Total Taxes $4.51 $2.33 $6.84
spending by non-local patrons will generate
approximately $6.8 million in total tax revenues on an Federal $2.78 $1.37 $4.14
annual basis, including $2.7 million in state and local taxes.
 Personal income $2.16 $0.50 $2.66
 Corporate $0.18 $0.15 $0.33
Spending by non-local venue patrons will generate a total fiscal (tax) impact of $6.8 Indirect business $0.05 $0.03 $0.08
million on an annual basis.
 Social insurance $0.39 $0.68 $1.07
Total federal taxes will amount to $4.1 million, including $2.7 million in personal
income taxes, $0.3 million in corporate taxes, $0.1 million in indirect business taxes,
 State and Local $1.74 $0.96 $2.69
and $1.1 million in social insurance taxes.
 Sales $0.56 $0.32 $0.88
Total state and local taxes will amount to $2.7 million, including $0.9 million in sales
 Personal income $0.46 $0.11 $0.57
taxes, $0.6 million in personal income taxes, $0.1 million in corporate taxes, $0.1
million in excise taxes and fees, and $1.0 million in property taxes each year. Corporate $0.07 $0.06 $0.13
 Excise and fees $0.08 $0.05 $0.13
 Property $0.56 $0.42 $0.98

 Source: Tourism Economics




 Page 107
 21
 Confidential – Not For Distribution
About the Research Team



Oxford Economics was founded in 1981 as a commercial venture with Oxford
University’s business college to provide economic forecasting and modelling to UK
companies and financial institutions expanding abroad. Since then, we have become
one of the world’s foremost independent global advisory firms, providing reports,
forecasts and analytical tools on 200 countries, 100 industrial sectors and over 3,000
cities. Our best-of-class global economic and industry models and analytical tools give
us an unparalleled ability to forecast external market trends and assess their
economic, social and business impact.
Oxford Economics is an adviser to corporate, financial and government decision-
makers and thought leaders. Our worldwide client base comprises over 2,000
international organizations, including leading multinational companies and financial
institutions; key government bodies and trade associations; and top universities,
consultancies, and think tanks.

This study was conducted by the Tourism Economics group within Oxford Economics.
Tourism Economics combines an understanding of traveler dynamics with rigorous
economics in order to answer the most important questions facing destinations,
investors, and strategic planners. By combining quantitative methods with industry
knowledge, Tourism Economics designs custom market strategies, destination
recovery plans, forecasting models, policy analysis, and economic impact studies.

Oxford Economics employs 400 full-time staff, including 250 professional economists
and analysts. Headquartered in Oxford, England, with regional centers in London,
New York, and Singapore, Oxford Economics has offices across the globe in Belfast,
Chicago, Dubai, Miami, Milan, Paris, Philadelphia, San Francisco, and Washington DC.


 Page 108
 22
 MAINE
 THE FIRST ECONOMIC
 RESEARCH STUDY
 OF THE INDEPENDENT LIVE SECTOR




WHAT IS OVERVIEW IN



INDEPENDENT LIVE?
Independent live entertainment stages are
 MAINE
 Maine’s independent live entertainment
independently owned and operated, meaning industry drives $273.2 million in state GDP,
they are not controlled by a multinational $550.3 million in economic output, and $24.7
corporation or a publicly traded company, million in tax revenue, supporting 4,057 jobs
and their primary mission is to present live and $178.3 million in wages. With $47.2 million
performances to the public. This includes in off-site tourism spending, the sector is both
venues, promoters, festivals and more. a cultural anchor and a major economic force.




ECONOMIC IMPACT
 $550.3 $273.2 STATE AND LOCAL
 MILLION MILLION $24.7
 TOTAL ECONOMIC OUTPUT CONTRIBUTION TO STATE GDP MILLION


 1,817 818,350 $178.3 4,057
 TOTAL EMPLOYEES FANS SERVED MILLION JOBS SUPPORTED
 WAGES AND BENEFITS PAID




PROFITABILITY
 44%
 In Maine, despite the sector’s clear economic
 impact, only 44% of independent stages identified
 OF STAGES WERE themselves as profitable in 2024, underscoring the
 PROFITABLE urgent need for solutions to ensure their survival
 and sustainability.



 » FOR METHODOLOGY, SEE THE NATIONAL REPORT AT STATEOFLIVE.ORG 1

 Page 109
 THE FIRST ECONOMIC RESEARCH STUDY
 MAINE
 OF THE INDEPENDENT LIVE SECTOR




TOURISM BREAKDOWN
 $47.2 In 2024 alone, fans attending independent shows generated $47.2
 MILLION million in off-site spending — filling hotel rooms, crowding local
 OFF-SITE TOURISM SPENDING restaurants, supporting shops, and tipping drivers.


 $41.4 $3 $1.5 $844,889 $315,435
 MILLION MILLION MILLION SPENT ON GAS, SPENT ON OTHER
 SPENT ON LODGING SPENT AT SPENT ON SHOPPING PARKING AND ENTERTAINMENT AND REC
 RESTAURANTS TRANSPORT
 AND BARS




IMPACT TABLE

This table shows the full economic ripple effect of Maine’s independent live entertainment sector,
including the jobs, income, business activity, and tax revenues (in millions of dollars) generated directly by
venues and festivals, through their in-state suppliers, and from the additional local spending of workers in
those jobs. For the full methodology, see the national report at stateoflive.org




NATIONAL OVERVIEW INDUSTRY OPERATIONS SNAPSHOT
  41%
  OF STAGES HAVE
 94%
 OF STAGES SELL TICKETS
 ACROSS ALL STAGES, THE TOP OPERATIONAL CHALLENGES RANKED BY FREQUENCY INCLUDE
  SHOWS AT LEAST
  4 NIGHTS PER WEEK
 OR CHARGE A COVER
 TO SHOWS
 1. MARKETING & BRINGING IN AN AUDIENCE 6.  RISING INSURANCE COSTS
 2. ARTIST COSTS RISING DRIVING 7.  SCALPERS & PREDATORY RESALE PLATFORMS
 HIGHER ARTIST FEES 8.  COST OF RENT AND MORTGAGE
  91% THE AVERAGE
 VENUE HAS SHOWS
 3. STAFFING COSTS 9.  UNCAPPED, UNLIMITED PERFORMING
  OF VENUES OPERATE
  YEAR-ROUND 143
 DAYS A YEAR
 4. INFLATION RIGHTS ORGANIZATION FEES
 5. MONOPOLIES 10. DECREASING ALCOHOL SALES



 » FOR METHODOLOGY, SEE THE NATIONAL REPORT AT STATEOFLIVE.ORG 2

 Page 110
My name is Joe Dasco, I am with Reger Dasco Properties with offices at 383 Commercial Street in
Portland. We have been developing in Portland for approximately 15 years and in that time have
invested over $150 million dollars in downtown Portland. Our investments also include contributions
over $1 million dollars paid into the housing fund; we also support the Merril auditorium, The Milestone
Clinic and other good causes. My point is, we love this city and we know a little about economic
development. However, the city is at a turning point, look around, have you walked down Congress
Street lately? Do you like what you are seeing? Established iconic businesses are shuttering their doors,
the area is becoming a complete dead zone. Our firm owns the property at 385 Congress Street, the
proposed location for the Portland Music Hall. This property has been an eyesore ever since it was
closed by the Portland Press Herald many years ago. Hence, the reason I am writing you.

I am writing to express my concerns over the proposed zoning change to increase the distance of the
venue entrances from 100 feet to 750 feet. This change does not meet any of the stated goals of the
moratorium; nor will it help with the false pretense of alleviating traffic as stated by its sponsor Wesley
Pelletier. The increase of 100 to 750 feet is the equivalent of 2-3 city blocks. If there was a real concern
about traffic (which the City’s own engineer has not cited any regarding performance halls) this small
increase in distance is would have no effect what’s so ever. However, if we can get real here, we all know
the unspoken goal is specifically targeting the applicant to kill the Portland Music Hall. Let’s be blunt, you
are willing to weaponize the zoning bylaws because you don’t like the applicant of the Portland Music
Hall. This is discrimination at the highest level. Before 385 Congress, LLC entered into an agreement to
sell the property to the applicant, we did our due diligence, which included attending an event at the
Live Nation venue in Boston at Fenway Park, which is similar in size to the Proposed Portland Music Hall.
That venue is right across the street from the iconic House of Blues, a smaller venue that continues to
thrive. Those venues don’t compete with each other, they complement each other. I came away with the
conclusion that the Portland Music Hall is a great fit for this property, for which there is also a hotel
planned and approximately 150 units of additional much needed housing. Yes, there will also be parking
for over 300 vehicles. However, I will be honest with you, developers like us are struggling now to make
projects work. With the high interest rates, sky rocketing cost of materials and Portland’s inclusionary
zoning (which was changed 5 years ago to be the most stringent in the country) we find ourselves for the
first time without any projects under construction in Portland.

The Portland Music Hall is exactly what Portland needs right now. The project meets all of the current
zoning requirements, the applicant is second to none as it relates to their professionalism and they have
been more than patient and cooperative in proactively working with the city to address their concerns.
Now is the time. The Portland Music Hall will bring in over 100 events annually. That means more
overnight guests, more shoppers on the streets, more seats filled in struggling restaurants and more
exposure for Portland to out of town guests. The applicant has already agreed to provide a % of their
ticket sales to the city, even prior to the recent action taken by the City Council, they have not asked for
any waivers or variances and have spent hundreds of thousands of dollars only to have the rules changed
in the middle of the game. Think about it. Would you be willing to make an investment in a city knowing
that the rules can be changed retroactively?




 Page 111
2/9/26, 1:43 PM City of Portland Mail - public comment re: ESBA + large venue ordinances



 Lori Paulette <ljn@portlandmaine.gov>



  public comment re: ESBA + large venue ordinances
  Annie Leahy <annieleahy@mainemechanics.org> Tue, Nov 18, 2025 at 3:59 PM
  To: edd@portlandmaine.gov, council@portlandmaine.gov


 17 November, 2025

 Dear Councilor Ali and Members of the Housing & Economic Development Committee,

 Thank you for the time and care you’ve dedicated to understanding the impacts of large entertainment venues and for
 your efforts to support Portland’s cultural sector. I also want to recognize Councilors Sarah Michniewicz and Ben Grant for
 their work on the proposed Trust Fund and Fee for Large-Capacity Venue Licenses.

 I am writing to share specific feedback on the ESBA, but also to express a broader concern about how this commitee and
 the City Council is approaching large-scale cultural issues in ways that feel fragmented, reactive, and insufficient for the
 challenges before us.

 In its current form, the Entertainment Sector Benefit Agreement lacks the strength, transparency, and defined governance
 needed to meaningfully offset the impact any proposed large scale venue would have on Portland’s independent arts
 ecosystem. The financial contributions are too small to be effective, the funding categories are vague, and there is no
 clear oversight or meaningful role for the arts community in how those funds would be used.

 Layered on top of this is the new proposal to replace the 100-foot separation requirement with a 750-foot buffer for large
 entertainment venues. While this change may address certain impacts on paper, it represents yet another example of
 Portland responding to cultural and economic pressures piecemeal. From the PMA expansion to the recent moratorium to
 the Live Nation proposal, the city keeps adjusting fees, distances, and definitions without establishing a coherent cultural
 strategy. These are attempts to manage symptoms, not solutions to the underlying issues.

 What are we really doing here if every cultural challenge results in another isolated ordinance?

 Portland cannot continue legislating cultural policy reactively. What the city truly needs is cultural infrastructure: a Cultural
 Affairs Department, liaison, or dedicated office capable of stewarding a long-term vision, coordinating across
 departments, ensuring transparency, and giving the arts community a meaningful voice in decisions that shape its future.
 Without this, we will continue to miss the opportunity for real, lasting cultural stability and possibility.

 I urge the committee to broaden the conversation beyond incremental fixes and to establish a cultural framework that truly
 supports and protects Portland’s creative community, acknowledging the real fatigue across the arts district around how
 these issues are handled, while also harnessing the strong, shared desire to contribute, collaborate, and help guide
 meaningful improvements for the city’s cultural future.

 Thank you for your commitment and service.


 Annie Leahy

 _________________

 Annie Leahy
 Executive Director
 she/her/hers


https://mail.google.com/mail/u/0/?ik=04e1d49fe3&view=pt&search=all&permmsgid=msg-f:1849163331551196065&simpl=msg-f:184916333155119606… 1/2
 Page 112
2/9/26, 1:43 PM City of Portland Mail - public comment re: ESBA + large venue ordinances
 Mechanics' Hall
 519 Congress Street
 Portland, ME 04101
 o.207.810.7083, Ext. 100
 m. 917.544.9499
 mainemechanics.org




https://mail.google.com/mail/u/0/?ik=04e1d49fe3&view=pt&search=all&permmsgid=msg-f:1849163331551196065&simpl=msg-f:184916333155119606… 2/2
 Page 113
City of Portland | Housing and Econ. Development Dept.
Gregory P. Watson, AICP, Director



To: Housing and Economic Development Committee
 Councilor Pious Ali, Chair




MEETING DATE
February 3, 2026

AGENDA ITEM
Portland Technology Park

PURPOSE
Review and Possible Vote to recommend City Council approval of Purchase and Sale Agreement
with Carassas Holdings, LLC, for Unit 1 at Portland Technology Park



COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT
This item supports the City Council common goal to strengthen economic vitality and support
local businesses.

BACKGROUND/ANALYSIS
Based on guidance from the Committee at its October 21, 2025 meeting, staff have moved forward
with negotiating the terms of selling condo Unit 1 of the Portland Technology Park.

 ●​ The Portland Technology Park is a 26-acre parcel located near the Maine Turnpike, just
 off Rand Road. With funding from the United States Economic Development
 Administration, infrastructure and utilities were installed in 2013.

 ●​ In 2016, the City created a seven-site land condominium, and sold Unit 4 to Patron’s
 Oxford Insurance Company. The remaining six sites are undeveloped.

 ●​ The City received a letter of intent from a prospective purchaser in July, 2025, and sought
 guidance from the Committee at the October 21, 2025 meeting.

 ●​ Based on that guidance, staff are requesting Committee review and possible vote to
 recommend City Council approval of the Purchase and Sale Agreement.

 ●​ The prospective purchaser intends to develop the site into a flexible incubator space
 featuring finished office space, private bathrooms, and drive-in doors.




 1

 Page 114
FISCAL IMPACT
The revenue from this sale will be $200,000.

CONCLUSION
Staff recommend approval of the attached Draft Purchase and Sale Agreement. The sale of this
condo unit will yield direct revenue benefits to the City, and will also create much-needed light
industrial spaces for Portland businesses, contributing to the economic vitality of the City.

PRIOR COMMITTEE REVIEW

Housing and Economic Development Committee - October 21, 2025

PREPARED BY


Greg Watson
Director
Housing and Economic Development Department


ATTACHMENTS



Attachment A -Draft Purchase and Sale Agreement
​




 2

 Page 115
 PURCHASE AND SALE AGREEMENT

 THIS PURCHASE AND SALE AGREEMENT made this ______
day of ____________, 2026 (the “Effective Date”) is by and between the CITY OF
PORTLAND, a body politic and corporate with a mailing address of 389 Congress Street,
Portland, Maine 04101 (hereinafter referred to as "Seller" or “City”), and CARASSAS
HOLDINGS LLC and/or assigns, a Maine Limited Liability Company, with a mailing
address of 39 Immersion Driver, Scarborough, Maine 04074 (hereinafter referred to as
"Buyer").

 WITNESSETH


 WHEREAS, Seller owns an approximately 3.47 acre parcel of land located at the
Portland Technology Park, City of Portland, County of Cumberland, State of Maine, being
known as Unit 1, LCE For Unit 1 on that certain Condominium Plat of Portland Technology
Park Condominium, Rand Road, Portland, Maine dated March 9, 2016, prepared by SGC
Engineering, LLC for the City of Portland – Declarant and recorded in the Cumberland
Registry of Deeds on March 10, 2016, in Plan Book 216, Page 62 (the “Condominium
Plat,” a copy of which is attached hereto as Exhibit A and made a part hereof), and that
certain Second Amended Subdivision Plat of Portland Technology Park Condominium
dated March 8, 2016, prepared by SGC Engineering, LLC for the City of Portland approved
by the City of Portland Planning Board on December 8, 2015 and recorded in the
Cumberland County Registry of Deeds on March 10, 2016 in Plan Book 216, Page 63 (the
“Subdivision Plat,” a copy of which is attached hereto as Exhibit B and made a part
hereof), and being further described as Unit 6 and Unit 7 of the condominium known as the
Portland Technology Park Condominium, of which the Seller is the declarant as described
in that certain Declaration of Condominium for the Portland Technology Park
Condominium recorded in the Cumberland County Registry of Deeds on March 10, 2016,
Book 32969, pages 97 as amended by a Certificate of Amendment To The Bylaws Of The
Portland Technology Park Condominium Association dated December 14, 2018, recorded
in the Cumberland County Registry of Deeds Book 35373, Page 323 (collectively, the
“Declaration of Condominium”), together with all improvements, fixtures and rights
appurtenant thereto, all as more particularly shown and depicted on Exhibit A (the
“Property”). Title reference is made to a deed from Simon A. Snyder et alia to the City of
Portland dated December 7, 1999 and recorded in the Cumberland County Registry of
Deeds, Book 15211, Page 31; and


 WHEREAS, Seller intends to sell the Property, and Buyer desires to acquire the
Property and to construct on the Property a 20,000 square foot commercial building to use
as a multi-tenanted warehouse/light industrial building (“Buyer’s Development”).


 NOW, THEREFORE, in consideration of the foregoing and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties, intending to be legally bound, hereby agree as follows:



 Page 116
1. SALE.
 Seller agrees to sell the Property, and Buyer agrees to purchase the Property in
accordance with the provisions hereof. It is hereby agreed and acknowledged that the
actual description of the Property shall be determined based on the title and related due
diligence work to be completed by Buyer pursuant to this Agreement and that such
description shall be subject to Buyer’s and Seller’s final review and approval before
including the same in the Deed (as that term is defined below) to be delivered by Seller to
Buyer as set forth and described below.

2. CONSIDERATION.
 The consideration for the property shall be Two Hundred Thousand Dollars
($200,000.00) (“Purchase Price”), payable as follows:

 (a) A deposit of Ten Thousand Dollars ($10,000.00) to be paid by Buyer within two
 (2) business days of the Effective Date and held in escrow by Buyer’s agent, Nate
 Stevens of The Boulos Company (the “Escrow Agent”), until closing and applied
 to the Purchase Price (or, if applicable, until returned to Buyer pursuant to this
 Agreement) (the “Deposit”); and

 (b) The Purchase Price, less the Deposit and any Extension Payments (defined below)
 to be paid by Buyer to Seller at closing by wire transfer, subject to the adjustments
 provided for in this Agreement.

3. TITLE AND DUE DILIGENCE.
 a. Due Diligence Period. Buyer will have from the Effective Date until 4:00 PM
 on the day that is one hundred twenty (120) days after the Effective Date (the
 “Due Diligence Period”) to complete any surveys, environmental review,
 inspections, and title examinations, and to obtain any site plan approvals, and
 any other permits and regulatory approvals required for the construction of
 Buyer’s Development. Upon satisfactory completion of Due Diligence Period,
 buyer shall pay Ten Thousand Dollars ($10,000) as additional Earnest Money
 Deposit.

 b. Provided that Buyer is conducting its due diligence in good faith, Buyer shall
 have the right to one (1) thirty (30) day extension of the Due Diligence Period.

 c. Permitting Period. Buyer will have from the satisfactory completion of the Due
 Diligence Period, one hundred twenty (120) days to obtain all discretionary
 and administrative permits and approvals (the “Required Permits”) for their
 intended development on the site.

 d. Buyer may extend the Permitting Period for one additional sixty (60) day
 period by written notice to Seller given prior to the expiration of the Permitting
 Period. If Buyer extends the Permitting Period, Buyer will pay Ten Thousand
 Dollars ($10,000) as additional Earnest Money Deposit (the “Extension

 2

 Page 117
 Deposit”) in escrow within two (2) business days of the expiration of the
 Permitting Period.

e. Deed. Seller shall convey the Property to Buyer at the closing in fee simple by
 municipal quitclaim deed with good and insurable title, subject to: (a)
 easements, privileges, restrictions, conditions, development rights, special
 declarant rights, and agreements created by or referred to in the Declaration of
 Condominium, as well as the matters shown or disclosed on the Condominium
 Plat and the Subdivision Plat, as may be amended; (b) provisions of (i) the
 Maine Condominium Act, and all amendments thereto; and (ii) the Declaration
 of Condominium, the bylaws and the plats and plans for The Portland
 Technology Park Condominium Association and all amendments or
 modification thereto; (iii) building, zoning and land use ordinances; (c) all
 restrictions required because the roadway serving the Portland Technology
 Park Condominium (including the Property), which roadway will continue to
 be owned by the Seller, was improved, in part, with funding from the United
 States Economic Development Administration (EDA), United States
 Department of Commerce, a copy of which restrictions is attached hereto as
 Exhibit C; and (d) such taxes and assessments, including common expenses
 allocable to the Property, if any, as are due and payable on the date of delivery
 of the Deed. At the closing, Seller shall execute and deliver to Buyer, against
 payment of the balance of the purchase price, a Municipal Quitclaim Deed
 without Covenant (the "Deed"). Further, Buyer acknowledges that the deed
 shall contain a restriction stating that in the event that the Property or any
 portion thereof shall be exempt from real and personal property taxes, by
 transfer, conversion, or otherwise, then the then-owner of the exempt portion
 shall make annual payments to the City in lieu of taxes in the amount equal to
 the amount of property taxes that would have been assessed on the exempt
 portion of the real and personal property situated on the Property had such
 property remained taxable.

f. Title and Survey Objections. Buyer will have until the end of the Due
 Diligence Period to deliver to City any written objections to title,
 environmental, or survey matters (other than the permitted exceptions
 identified herein) that materially affect insurability or use. Objections not made
 prior to the end of the Due Diligence Period will be deemed waived; provided,
 however, that objections pertaining to matters of record first appearing after
 the end of the Due Diligence Period may be made at any time prior to the
 closing.

g. Option to Cure. In the event of a title or survey objection, City will have the
 option, but not the obligation, to cure the objection and will notify Buyer of its
 election within ten (10) business days after receipt of the objection. In the
 event that the City elects to cure the objection, it will have sixty (60) days from
 the date of the notice of election, or such other reasonable time as the parties
 may agree, to cure the objection. In the event that the City does not elect to
 cure the objection, or, having elected to cure the objection fails to timely do so
 to Buyer’s reasonable satisfaction, Buyer will have the option to (1) terminate

 3

 Page 118
 this Agreement and obtain a refund of the Deposit (after which neither party
 will have any further obligation or liability to the other under this Agreement),
 (2) waive the objection and close, or (3) undertake the cure of such objection at
 its own expense (in which case it shall have 60 days to do so).

4. INSPECTIONS
 a. During the Due Diligence Period, Buyer and its employees, consultants,
 contractors and agents shall have the right, at Buyer’s expense, to enter on the
 Property at reasonable times in order to (i) inspect the same, (ii) conduct
 engineering studies, percolation tests, geotechnical exams, environmental
 assessments, and other such studies, tests, exams, and assessments, and (iii) do
 such other things as Buyer determines, it is sole discretion, to be required to
 determine the suitability of the Property for Buyer's intended use (collectively,
 the “Inspections”). The City acknowledges that such Inspections may include
 the digging of test pits, which the City hereby approves.

 b. Buyer agrees to defend, indemnify and hold harmless the City against any
 mechanics liens that may arise from the activities of Buyer and its employees,
 consultants, contractors and agents on the Property.

 c. Buyer shall exercise the access and inspection rights granted hereunder at its
 sole risk and expense, and Buyer hereby releases the City from, and agrees to
 indemnify, defend, and hold harmless the City against, any and all losses, costs,
 claims, expenses and liabilities (including without limitation reasonable
 attorney fees and costs) (collectively, "Damages") suffered by the City on
 account of any injury to person or damage to property arising out of the
 exercise by Buyer of its rights hereunder, except to the extent that such
 Damages result from the act or omission of the City.

 d. Buyer shall cause any contractors, consultants or any other party conducting
 the Inspections to procure automobile insurance, if applicable, and commercial
 general liability insurance coverage in amounts of not less than Four Hundred
 Thousand Dollars ($400,000.00) per occurrence for bodily injury, death and
 property damage, listing the City as an additional insured thereon, and also
 Workers’ Compensation Insurance coverage to the extent required by law; the
 forms of all such insurance to be subject to City’s Corporation Counsel’s
 reasonable satisfaction.

 e. In the event that Buyer does not purchase the Property, Buyer agrees to either
 return the Property as nearly as possible to its original condition after
 conducting the Inspections; provided, however, the City hereby acknowledges
 and agrees Buyer shall have no obligation to clean-up, remove or take any
 other action with respect to any disturbance of any pre-existing environmental
 contamination on the Property caused by such inspections, studies, tests,
 exams, and assessments, and that Buyer shall have no obligation to clean-up,
 remove or take any other action with respect to any pre-existing environmental
 contamination disturbed thereby.

 4

 Page 119
 f. The parties hereto acknowledge and agree that it is a condition to Buyer's
 obligations under this Agreement that the results of the Inspections be
 acceptable to Buyer in its sole discretion. If the results of such due diligence
 are not acceptable to Buyer in its sole discretion, and if Buyer exercises its
 right to terminate this Agreement, Buyer will be entitled to a refund of the
 Deposit, and neither party shall have any further obligations or liabilities under
 this Agreement except as expressly set forth in this Agreement.

5. REAL ESTATE TAXES, PRORATIONS AND TRANSFER TAX.
 Buyer shall be liable for all real estate taxes beginning, as of the closing date and
continuing thereafter. Because the Property is currently owned by the City of
Portland, which is exempt from real estate taxes, no taxes will be assessed for the fiscal
year during which the closing occurs and no taxes will be prorated at the closing,
provided, however, that any assessments and utilities for the Property shall be prorated as
of the closing. The Maine real estate transfer tax shall be paid by Buyer in accordance with
36 M.R.S.A. § 4641-A. Seller is exempt from paying the transfer tax pursuant to 36
M.R.S.A. § 4641-C. The recording fee for the deed of conveyance and any expenses
relating to Buyer’s financing or closing shall be paid for by Buyer.

6. RISK OF LOSS.

 The risk of loss or damage to the Property by fire or otherwise, until transfer of title
hereunder, is assumed by the Seller. The Property is to be delivered in substantially the
same condition as of the date of this Agreement unless otherwise stated. In the event
Seller is not able to deliver the Property as stated, Buyer may terminate this Agreement
and receive a refund of the Deposit.

7. PROPERTY SOLD “AS IS, WHERE IS.”

 Buyer acknowledges that Buyer has had an opportunity to inspect the Property, and to
hire professionals to do so, and that the Property will be sold “as is, where is” and “with
all faults.” City, and its agents, make no representations or warranties with respect to the
accuracy of any statement as to boundaries or acreage, or as to any other matters
contained in any description of the Property, or as to the fitness of the Property for a
particular purpose, or as to development rights, merchantability, habitability, or as to any
other matter, including without limitation, land use, zoning and subdivision issues or the
environmental, mechanical, or structural condition of the Property. Acceptance by Buyer
of the Deed at closing and payment of the purchase price shall be deemed to be full
performance and discharge by the City of every agreement and obligation contained
herein.

8. CLOSING.
 Time is of the essence in the performance of this agreement. The closing shall be held
at the offices of Buyer’s counsel at a time agreeable to the parties on or before the day that
is within thirty (30) days after the end of the Permitting Period (the “Closing Date”). At
the Closing:


 5

 Page 120
 a. the City shall execute, acknowledge and deliver to Buyer a municipal
 quitclaim deed without covenant conveying to Buyer good and insurable title
 to the Property, free and clear of all encumbrances except as otherwise set
 forth herein.

 b. Buyer shall deliver the Purchase Price to the City.

 c. Each party shall deliver to the other such other documents, certificates and the
 like as may be required herein or as may be necessary to carry out the
 obligations under this Agreement.

 d. Buyer shall deliver evidence, reasonably satisfactory to City’s Corporation
 Counsel, that the entity receiving title to the Property is in good standing under
 Maine law, and that the individuals acting at Closing and executing documents
 on behalf of Buyer are authorized to do so.

9. DEFAULT AND REMEDIES.

 a. In the event of Buyer’s default under any of the terms, covenants or conditions
 of this Agreement, Seller shall have the right to retain the Deposit, any
 Extension Payments, and any interest accrued thereon as aforesaid as
 liquidated damages for the breach and not as a penalty therefor. The Buyer and
 Seller acknowledge and agree that (i) it is not feasible to determine accurately
 the measure of damages that will be caused to Seller by the Buyer’s breach
 because the uniqueness of the Property at its location preclude the utility of
 comparable figures to determine the extent of damages and (ii) that the amount
 stated as liquidated damages is agreed to reasonably forecast the amount
 necessary to compensate Seller for its loss in the light of the circumstances
 stated in clause (i) and the attendant uncertainties in marketing the Property to
 another purchaser.
 b. In the event that Seller fails to close hereunder for a reason other than the default
 of Buyer, Buyer may, as its sole remedy therefor, and subject to the terms of this
 paragraph, either (i) enforce specific performance of this Agreement against
 Seller, or (ii) terminate this Agreement and receive the Deposit and the
 Extension Payments, plus any interest earned or accrued thereon.


10. SELLER’S RIGHT TO REPURCHSE

 If Buyer does not commence construction of Buyer’s Development within 18 months
after the Closing Date, Seller shall have the right, but not the obligation, to repurchase the
Property at the Purchase Price. Upon Seller’s exercise of its right to repurchase the
Property, Buyer shall convey the Property to Seller free and clear of all mortgages, liens,
and other encumbrances, except as set forth in the Condominium Plat, the Condominium
Declaration, and the Subdivision Plat. This right to repurchase shall be assignable by the
City. The provisions of this Section 11 will survive closing and will be included in greater
detail in the City’s deed to Buyer or in a Declaration of Covenants, Conditions and
Restrictions executed before or at the time of Closing, which shall be recorded in the
Cumberland County Registry of Deeds.
 6

 Page 121
11. BINDING EFFECT.

 This Agreement shall be binding upon and inure to the benefit of the parties hereto
and their respective heirs, administrators, successors and assigns.

12. ENTIRE AGREEMENT.

 This Agreement represents the entire and complete Agreement and understanding
between the parties and supersedes any prior agreement or understanding, written or oral,
between the parties with respect to the acquisition or exchange of the Property hereunder.
This Agreement cannot be amended except by written instrument executed by Seller and
Buyer.

13. HEADINGS AND CAPTIONS.
 The headings and captions appearing herein are for the convenience of reference
only and shall not in any way affect the substantive provisions hereof.

14. GOVERNING LAW.
 This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of Maine. The parties consent to the exclusive jurisdiction of the
Superior Court for the County of Cumberland in the State of Maine, for all actions,
proceedings, and litigation arising from or relating directly or indirectly to this Agreement
or any of the obligations hereunder, and any dispute not otherwise resolved as provided
herein shall be litigated solely in said Court.

15. NOTICE.

 Any notice required or permitted under this Agreement shall be deemed sufficient
if mailed with first class postage affixed or delivered in person to:

 FOR THE SELLER: City of Portland
 Attention: City Manager
 389 Congress Street
 Portland, ME 04101

 FOR THE BUYER: Carassas Holdings, LLC
 39 Immersion Drive
 Scarborough, ME 04074

Either party may change their address for purposes of this paragraph by giving the other
party notice of the new address in the manner described herein.

16. SIGNATURES; MULTIPLE COUNTERPARTS.
 This Agreement may be executed in any number of counterparts and by different
parties in separate counterparts. Each counterpart when so executed shall be deemed to be
an original and all of which together shall constitute one and the same agreement. A
signature in a faxed, pdf or other reproduced or electronic document shall be considered

 7

 Page 122
the equivalent of an original signature.

17. BROKERS.

 Seller and Buyer each represents and warrants that neither has dealt with a real estate
broker in connection with this transaction, other than that Seller has been represented by
Nate Stevens of The Boulos Company, and that Buyer has been represented by Jon Rizzo of
The Boulos Company. Nate Stevens’ commission will be paid by Seller pursuant to the
terms of a separate agreement between Seller and The Boulos Company, and Jon Rizzo’s
commission will be paid by Nate Stevens. Buyer agrees to indemnify and hold harmless
Seller from any claims made by any broker should Buyer's representation in this paragraph
be false. Subject to and limited by the defenses, immunities and limitations of damages
available to the Maine Tort Claims Act, Seller agrees to indemnify and hold harmless Buyer
from any claims made by any broker should Seller's representation in this paragraph be false.
The foregoing indemnities shall include all legal fees and costs incurred in defense against
any such claim, and shall survive closing.

 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on
the day and year first above written.

 CITY OF PORTLAND

 By:
WITNESS Danielle P. West
 Its City Manager


 CARASSAS HOLDINGS LLC


 By:
WITNESS Name: __________________
 Its: _______________________




 8

 Page 123
 Exhibit A
[See Attached Condominium Plat]




 9

 Page 124
 Exhibit B
[See Attached Subdivision Plat]




 10

 Page 125
 Exhibit C

 COMPLIANCE WITH EDA RESTRICTIVE COVENANTS

The Seller and Buyer acknowledge that the Property was improved, in part, with funding
from the United States Economic Development Administration (EDA), United States
Department of Commerce, EDA Project Number 01-01-08630 and is subject to the terms
and conditions of the EDA financial assistance award. Consequently, all recipients or
owners and/or their successors and assigns, agree as follows:

Real Property or tangible Personal Property improved with EDA Investment Assistance
must be used in a manner that is consistent with the authorized general and specific
purposes of the Award, in this case, commercial purposes and EDA policies concerning
adequate consideration and environmental compliance; and any applicable provisions of
13 CFR §314. It may not be used in violation of the nondiscrimination requirements set
forth in 13 C.F.R. §302.20 or for inherently religious activities prohibited by applicable
federal law.

Buyer agrees to provide Seller and/or EDA with any document, evidence or report
required to assure compliance with federal and state law, including, but not limited to,
applicable federal and state environmental laws.

The use of the Property, (improved with EDA assistance), for any purpose other than the
authorized purpose of the EDA grant, which in this case is commercial uses, is prohibited.
This covenant shall remain in effect for a period of twenty (20) years.




 11

 Page 126
 5 of 8




Page 127
 OWNER MRW Development, LLC
 Unit 2: 1,500± SF
 AVAILABLE SPACES Unit 3: 2,000± SF Can be combined for 5,000± SF
 Unit 4: 1,500± SF
 DATE AVAILABLE October 1, 2024
 • Three (3) industrial units for lease.
 CEILING HEIGHT 20’ - 24’
 DOCKS/DOORS One (1) 10’x16’ drive-in door per unit •
 OFFICE SF 125± SF to 140± SF per unit.
 ZONING Crossroads Planned Development (CPD)
 •
 ELECTRICAL 200 AMP service per unit
 ACREAGE 1.13± acres
 BUILDING SIZE 18,000± SF •
Page 128
 CONSTRUCTION Butler Building

 PARKING Three (3) spaces per unit
 WATER MAIN
 •
 SEWER 6” Main
 OFFICE AREA HVAC
 WAREHOUSE AREA HVAC
 ROOF Standing seam metal

 LIGHTING
 SPRINKLER
 LEASE RATE

 ESTIMATED NNN EXPENSES


 6 of 8
 7 of 8




Page 129
 8 of 8




Page 130
City of Portland | Housing and Economic Development Department
Housing and Community Development Division
Mary P. Davis, Division Director


To: Councilor Ali, Chair
 Members of the Housing and Economic Development
Committee


MEETING DATE: February 3, 2026

AGENDA ITEM
Review and recommendation to the City Council of the 2026-2027 Housing Program Budget.

PURPOSE
The Housing and Economic Development Committee recommends the Housing Program
Budget to the City Council for final approval.

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT
Council Goal 2: Housing Affordability
“Implement solutions to the housing crisis, including building more working-class housing…”

BACKGROUND/ANALYSIS
HOME Program: The Home Investments Partnerships Program (HOME) was established by
Congress in 1992. Since 1992, the City of Portland and the Cumberland County HOME
Consortium have received over $27.7 million dollars in HOME funding. In 2009 the City became
the lead entity in the Cumberland County HOME Consortium (CCHC). The Consortium is a
partnership of the communities in Cumberland County that administers HOME Program funds in
Cumberland County. The creation of the consortium expanded the financial resources for
affordable housing activities in the region. The City retains independent operation of its HOME
program. Because the City serves as the “Lead Entity” and City staff administers the County
portion of the funding, all administrative funds are retained by the City. The County’s Municipal
Oversight Committee controls the allocation of the County’s portion of the HOME funds.

When the Consortium was formed in 2009, it included a “hold harmless” clause to ensure that
the City, as an existing HOME grantee, would continue to receive funding equal to its allocation
prior to the formation of the consortium. The “hold harmless” formula was based on a
comparison ratio to the HOME funding for the Lewiston/Auburn (L/A) Consortium. The formula
identified Portland’s “hold harmless” amount at 118% of the HOME allocation for the L/A
Consortium. The Cumberland County HOME Agreement did allow for adjustments to be made
if the current level of funding to the L/A HOME Consortium varied from historic levels. Over the
years the L/A allocation has decreased which has resulted in the Portland “hold harmless”
amount to decrease. As a result, by agreement with the other members of the CCHC, the
annual allocation is divided with 57% of the allocation, after the administrative set-aside, to the
City and 43% of the allocation to the County.
 1




 Page 131
As a point of reference, if the City were a stand-alone grantee, the estimated HOME allocation
for Portland (using a HUD HOME Allocation estimated calculation) would be approximately
$528,440. Of that amount 10% would be set aside for administrative costs ($52,844) leaving
$475,596 for program funding. Under the current consortium agreement, the city receives the
administrative set-aside ($80,065) along with approximately $410,736 in program funds. These
amounts are based on the HUD allocation only and do not include any program income.
Participation in the HOME consortium benefits Portland as well as the county as a whole.

HUD has not announced the allocation amount for FY 2026-2027. Since we do not have the
final allocation amounts, we are estimating the HUD HOME allocation at the same level as the
2025-2026 year ($800,654). $309,853 is reserved for County projects. The budget proposal
was developed after a historical review of HOME funding allocations, previous year’s budget
allocations, program expenditures and program income (loan repayments) received. Currently,
the City’s HOME Program is divided into three funding categories:

1. Administration
2. Tenant Based Rental Assistance (TBRA)
3. Affordable Housing Development [including the required Community Housing Development
 Organization (CHDO) set-aside mandated by HUD]

 FY 2025-2026
 FY 2026-2027 Budget
 HOME Program Budget Budgeted (entitlement
 proposal (entitlement)
 + program income)
 Administration $87,959 $80,065
 Tenant Based Rental Assistance $136,392 $136,392
 Affordable Housing Development
 $274,344 $274,344
 includes CHDO requirement

LEAD SAFE HOUSING (Program Income): Lead Safe Housing Program Income is generated
through repayment of loans given under prior Lead Safe Housing Grants. These funds can only
be used for lead safe housing eligible activities. The City recently received a Lead Hazard
Reduction Grant of $2,619,960 (over 48 months 2/1/2025-2/1/2029) in funding for lead paint
remediation and $748,000 in funding to assist with code and life safety improvements.

 FY 2025-2026 FY 2026-2027 Budget
 Lead Safe Housing Program Income Budgeted Proposal
 $22,744 $1,125

JILL C. DUSON HOUSING TRUST FUND: Revenue for the Jill C. Duson Housing Trust Fund is
primarily generated from fees triggered by the City’s Housing Preservation and Replacement
Ordinance, fee-in-lieu contributions from the Inclusionary Zoning Ordinance and Hotel
Inclusionary Zoning fee. Including the current balance of the Housing Trust Fund in the Housing
Program Budget gives budget authority for the use of the funds. The amount budgeted is the
 2




 Page 132
maximum that might be expended in FY27. Staff continues to recommend maintaining a
minimum balance in the Housing Trust. The current balance in the Housing Trust Fund is
$2,489,361, while the effective budget would be $1,989,361 ($2,489,361 less $500,000.)

 FY 2025-2026 FY 2026-2027 Budget
 Jill C. Duson Housing Trust Fund (HTF)
 Budgeted Proposal
 Budget
 $863,559 $2,489,361

FISCAL IMPACT
The annual housing program budget does not include general fund revenue. The sources
included in the annual housing program budget include estimated Federal HOME Investment
Partnership Program funding, current funding available in the Jill C. Duson Housing Trust Fund
and Lead Safe Housing program income.

CONCLUSIONS
The proposed Housing Program Budget is being brought forward now to facilitate the release of
the City's Affordable Housing Development and TIF Application and its incorporation into the
HUD Annual Action Plan.

We anticipate the budget will be adjusted once HUD announces the final fiscal year allocations
for the HOME Program. This is dependent on the Federal FY26 THUD appropriation bill, which,
at the time of drafting, had passed the U.S. House as part of a larger spending package. That
bill recommends level funding for both the Community Development Block Grant (CDBG)
Program and the HOME Program. However, the spending package is currently stalled in the
Senate, which could potentially lead to another federal government shut-down.

This budget will be forwarded to the full City Council for two Public Hearings, scheduled for
March/April, as part of the overall HCD budget and the HUD Annual Action Plan. While the final
budget and Annual Action Plan are typically due to HUD 45 days before the start of the fiscal
year (May 15 for the FY beginning July 1, 2026), HUD will only accept the submission after the
federal budget is approved and the official funding award amounts have been released.

Staff is requesting an approval and recommendation to the City Council of the FY 26/27
Housing Program Budget as outlined above and summarized in the attached spreadsheet. If
the HUD allocation amount is different from the estimate used in this budget, program budgets
will be adjusted accordingly.

RECOMMENDATION

Motion to recommend to the City Council approval of the FY2026-2027 Housing Program
Budget as presented by staff.

PRIOR COMMITTEE REVIEW in 2026 – N/A

 3




 Page 133
PREPARED BY
Mary Davis
Division Director, Housing and Community Development Division


ATTACHMENTS - Attachment A: FY 2026-2027 Proposed Housing Program Budget




 4




 Page 134
 2026-2027 HOUSING PROGRAM BUDGET
 DRAFT 01.23.2026
 Total HUD HOME Entitlement Allocation 800,654 Recommended by HEDC (X-X) xx.xx.2026
 Portland Program Portion 410,736 Approved by Council xx.xx.2026
 Portland Admin Portion 80,065 HUD Allocation Date: xx.xx.2026
 County Program Portion 309,853



 LEAD Safe
 Housing
 HOME Housing Trust Fund TOTAL BUDGET
 Program
REVENUES- Housing Programs Income
2026-27 HOME Consortium Admin (10% of allocation) 80,065 80,065
2026-27 HOME Consortium Programming 410,736 410,736
2025 Calendar Year HOME Program Income* 59,623 59,623
2025 Calendar Year HOME Program Income Recaptured Funds* 76,140 76,140
2025 Calendar Year HOME Program Income and Recapture Deduction for County* -135,763 -135,763
2025-26 Housing Trust Fund 2,489,361 2,489,361
2025 Lead Safe Housing Program Income 1,125 1,125
REVENUE TOTALS (Portland) 490,801 1,125 2,489,361 2,981,287
*For FY27 budget PI & Recapture based on actuals from Jan -Dec 2025


2026-27 HOUSING Budget by Activity (Portland) HOME Housing Housing Trust Fund TOTAL BUDGET
Administration 243027QQ01 (does not includes 10% of PI) 80,065 80,065
Tenant-Based Rental Assistance 443026QT01 136,392 136,392
Affordable Housing Development 243027QA00 205,888 2,489,361 2,695,249
CHDO 243027QA00 68,456 68,456
Lead Safe Housing 243019PLL1 (PLL036) 0 1,125 1,125
EXPENDITURE TOTALS (Portland) 490,801 1,125 2,489,361 2,981,287


2026-27 HOME Consortium COUNTY - approved by MOC on xx.xx.2026
County HOME Program budget provided for reference only; adjusted for final HUD Allocation xx.xx.2026
Allocation of County funds is done by the County's Municipal Oversight Committee
REVENUES- Housing Programs HOME
2026-27 HOME Consortium Non-Portland Programming 309,853
2025 HOME County Program Income and Recapture 135,763
Unexpended Prior Year Balance 0
 445,616

2026-27 HOUSING Budget by Activity HOME
Affordable Housing Development 243027QC00 393,974
CHDO 243027QC00 51,642
 445,616




 Page 135
 Draft HOUSING BUDGET 2026-2027 01.23.2026.xlsx
City of Portland | Housing and Economic Development Department
Housing and CommunityDevelopment Division
Mary P. Davis, Division Director

To: Councilor Ali, Chair
 Members of the Housing and Economic Development
 Committee


MEETING DATE: February 3, 2026

AGENDA ITEM

Review and Recommendation: a. City Council Approval of the 2026 Jill C. Duson Housing Trust
Fund Annual Plan; and b. Committee Approval of the 2026 Affordable Housing Development and
Tax Increment Financing Application

PURPOSE

Staff is seeking (1) a recommendation from the Housing and Economic Development Committee
(HEDC) to forward the 2026 Jill C. Duson Housing Trust Fund (JCD HTF) Annual Plan to the City
Council for approval, and (2) Committee approval of the 2026 Affordable Housing Development
and Tax Increment Financing Application (AHDTIF).

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT

Increase, and modify the overall supply of housing city-wide to meet the needs, preferences and
financial capabilities of all Portland residents.

BACKGROUND/ANALYSIS

As discussed during the January 20, 2026 meeting of the HEDC, City Staff is not recommending
any changes to the JCD HTF Annual Plan and the AHDTIF Application for 2026.

Amendments made to the application in 2025 will be included in the 2026 application. The 2025
amendments are noted below:
  ● Applicants must have Planning Board approval before applying.
  ● Projects requesting HOME and/or Housing Trust funding must have a Notice of Award
 from MaineHousing before applying.
  ● A process for addressing applications deemed incomplete
  ● A requirement to reimburse the City for all legal and financial underwriting fees associated
 with Housing Trust funding and Affordable Housing TIF requests.

2025 Funding priorities will be carried over in the 2026 JCD HTF Annual Plan and the AHDTIF
Application. The priorities include:
 ● Priority use of HOME Program funds for developments that provide rental housing units
 to households earning at or below 50% of the area median income ($64,900 for a four-


 1

 Page 136
 person household).
 ● Priority use of Housing Trust Funds for public/private partnerships that create workforce
 housing units affordable to households earning up to 100% of the area median income
 ($129,800 for a four-person household) with preference for households earning 80% of
 the area median income ($103,850 for a four-person household) and below.
 ● Shovel ready projects with mixed income targeting and a mix of bedroom sizes, including
 family-size units of 3+, strongly encouraged.
 ● Priority use of Affordable Housing Tax Increment Financing (AHTIF) for projects receiving
 assistance through the Low-Income Housing Tax Credit Program (LIHTC) or projects that
 create housing units affordable to households earning up to 80% of the area median
 income with preference for households earning 50% of the area median income or below.

FISCAL IMPACT – N/A

CONCLUSIONS

Staff requests two items: a recommendation to the City Council to approve the 2026 Jill C. Duson
Housing Trust Fund Annual Plan, and HEDC approval of the 2026 Affordable Housing
Development and Tax Increment Financing Application.

If the HEDC votes to recommend to the City Council the 2026 Jill C. Duson Housing Trust Fund
Annual Plan, it will be submitted for inclusion on the February 23rd City Council Agenda.

The 2026 Affordable Housing Development and Tax Increment Financing (AHDTIF) Application
is expected to be released to the public by February 27, 2026, pending approval by the Housing
and Economic Development Committee (HEDC). Because both the HEDC and City Council
review and approve all funding requests received through the AHDTIF Application, City Council
approval is not required before the application is made available to the public.


PRIOR COMMITTEE REVIEW: January 20, 2026
PREPARED BY
Mary Davis, Division Director
Heidi McCarthy, Housing Program Manager
Housing and Community Development Division

ATTACHMENTS
2026 Jill C. Duson Housing Trust Fund Annual Plan
2026 Affordable Housing Development and Tax Increment Financing Application




 2

 Page 137
 JILL C. DUSON HOUSING TRUST FUND
 2026 ANNUAL PLAN

The Jill C. Duson Housing Trust Fund (also referred to as Housing Trust Fund or HTF) is
established by Chapter 14, Section 17.3.1 of the City’s Land Use Code Section 17.3.4 states that
“each fiscal year the City Council shall adopt a housing trust fund annual plan” and that the
“housing committee of the City Council or such other committee as the council shall designate
shall conduct public hearings on the recommended plan and refer the matter to the council for
action.”

The Annual Plan establishes the priorities in which the current balance of the Housing Trust
Fund would be allocated and should be in conformity with the 2026 City Council Common
Goals.


2026 ANNUAL PLAN

City Ordinance requires that the Jill C. Duson Housing Trust Fund Annual Plan include a description
of funding priorities, the amount of funds budgeted, and a description of how funds will be
distributed among very-low, low, and moderate-income households.


Funding Budget

The funding budget is based on the balance in the Housing Trust Fund as of December 10, 2025. It
has been the City Council’s practice to maintain a minimum balance of $500,000 in order to have
resources to act quickly when there is an emergency, such as a need to cure a potential mortgage
default that could result in loss of an affordable unit. This right to cure will be included in the
affordable housing covenants that are recorded in the Cumberland County Registry of Deeds for
each affordable unit.

The funding available from the Jill C. Duson Housing Trust Fund is $1,989,361.45 ($2,489,361.45
less $500,000 minimum balance). See Attachment 2.


Funding Priorities

Housing Trust Fund resources should focus on opportunities where other funding sources do not
work or are not effective, such as projects designed to create housing affordable to households
earning at or below 80% to 120% of the area median income (i.e. $103,850 to $155,750 for a four
person household), or projects designed to create housing affordable to households earning up to
50% of the area median income (i.e. $64,900 for a four person household).

Priority use of Housing Trust Funds would be to support creating workforce housing units affordable
to households earning at or below 100% of the area median income.



January 23, 2026
Draft 1 | Page



 Page 138
Funding Distribution

Housing Trust Funds will be distributed through a competitive application process. The Affordable
Housing Development and Tax Increment Financing Application will be issued, at a minimum, on
an annual basis to notify potential applicants that the application is available. Applications will be
reviewed by an evaluation team of City of Portland staff who will evaluate and score each
application utilizing the scoring factors outlined in Attachment #1 as well as the 2026 City Council
Common Goal requirement to use an equity analysis in order to recommend the most qualified
applicant based on the information submitted.

Recommendations will be forwarded to the City Council’s Housing and Economic Development
Committee for review. Housing and Economic Development Committee recommendations will be
forwarded to the City Council for final review and approval.


Goals for Distribution

The goal for the distribution of these funds is for the “to serve as a vehicle for addressing very low,
low, and moderate-income housing needs through a combination of funds as set out in this article.”
(Chapter 14 Section 17.3.1.B of the Land Use Code) 1. Development should be consistent with the
Annual City Council Common Goals, the City’s Comprehensive Plan, and the HUD Five-Year
Consolidated Plan. The City of Portland seeks development projects that create contextually
appropriate housing density in and proximate to neighborhood centers, concentrations of services,
and transit nodes and corridors as a means of supporting complete neighborhoods. Resolution of
any zoning issues is required before City Council approval of the applicants funding request.
Developments should incorporate quality, sustainable design.


Eligible Projects

Projects receiving Housing Trust Funds must create housing units that promote economic diversity
within the development and within the neighborhood in which the development is located. New
construction, conversion of non-residential property to housing and rehabilitation of existing units
that creates or maintains affordable units is eligible

In this Plan, adaptive reuse is defined as creating housing in an existing building that was originally
built or designed for a use other than housing.

Housing Trust Fund resources are also intended to promote the retention of affordable housing.
Housing Trust Fund resources should also be made available, if necessary, to exercise the City’s
right of first refusal in connection with potential foreclosure issues with affordable homeownership
units. The City shall have a right of first refusal if an affordable unit is forced to sell due to increased
fees or has become delinquent in its payments and is in risk of foreclosure or any other legal threats

1
 Chapter 14 Section 3. Defines “very low income household” as a household having an income not exceeding 50%
of the area median income; a “low-income household” is defined as a household having an income not exceeding
80% of the area median income; a “moderate-income household” is defined as a household having an income not
exceeding 120% of the area median income.
January 23, 2026
Draft 2 | Page



 Page 139
to the Unit’s affordability restrictions. The City shall also have the option of using Housing Trust
Funds to support affordable units facing large special assessments that may pose a risk to the owner
household’s ability to maintain their unit’s affordability. The City of Portland shall have the right
of first refusal to purchase any affordable unit that is in jeopardy of losing its affordability restrictions
due to foreclosure, delinquency of condominium fee payments, or any other cause outside of the
agreed upon term of restriction. The City’s Right of First Refusal is not intended to infringe upon
the ability of a mortgage lender to recapture any money owed by the affordable unit owner. The
intent is to ensure affordability of the unit for eligible households.


Financing Parameters

Housing Trust Funds should be a resource of last resort and should be focused on opportunities
where other funding sources do not work or are not effective. Applicants requesting financial
assistance from the Housing Trust Fund must provide documented efforts made to obtain other
private, federal, state or local resources for the project.


Form of Awards

A variety of funding mechanisms will be utilized including no-interest loans, below-market loans,
forgivable loans, and grants. Type of funding will be determined after review of a number of
factors including amount necessary to make the project feasible, the project type, income targeting,
number of affordable units, and duration of the affordability period.


Maximum Award Amount

Awards will be determined on a per affordable unit basis. The average City investment per unit,
excluding TIF financing, is approximately $10,000. The City contribution per unit typically would
not exceed $18,000. This amount may be adjusted at the discretion of the City Council, only for
unusual circumstances where a larger amount is the only way a project that meets other City goals
can move forward. In those cases, the higher cost per unit must be tied into the goals outlined in
the City’s Comprehensive Plan and/or City Council Common Goals.


Affordability Restrictions

Affordability restrictions are required. In the case of rental or cooperative units, the units must
remain affordable for the life of the housing unit, which is presumed to be a minimum of thirty (30)
years but may be longer to comply with the current policy on long-term affordability. In the case of
ownership housing, the units must remain affordable for the longest feasible time while maintaining
an equitable balance between the interests of the owner and the interest of the City of Portland. These
restrictions must be secured by a declaration of covenants and restrictions recorded in the
Cumberland County Registry of Deeds


Affordable Housing Agreement
January 23, 2026
Draft 3 | Page



 Page 140
In the case of ownership housing, the owner of each affordable unit will be required to sign and
record in the Cumberland County Registry of Deeds an Affordable Housing Agreement (AHA)
with the City and to include the affordability restrictions as a covenant to the project’s deed. The
Affordable Housing Agreement shall be referenced directly in the property’s deed unless
prohibited by federal, state, or local law. In order to guarantee affordability in homeownership
units, this recorded covenant would limit increases in sales price according to the calculation
defined by the City as defined in the implementation regulations. It would limit the incomes of
subsequent buyers to the same income limits initially applied. It would also provide a right of first
refusal and other purchase rights to the City or its designee (e.g. another eligible household, or a
nonprofit corporation).

Sales must be made through an arms-length arrangement. No employee, agent, stockholder,
officer, director, servant, or family member of the Owner or its Management Company, or its
employees, agents, or servants thereof, related either by blood, marriage, or operation of law may
qualify for a unit financed with Housing Trust Funds or receive any benefit related in any way to
the administration or compliance with the conditions contained therein.


Affordability

Affordable means that the percentage of income a household is charged in rent and other housing
expenses, or must pay in monthly mortgage payments (including utilities, condominium/HOA fees,
mortgage insurance and real estate taxes), does not exceed 30% of a household’s income, or other
amount established in city regulations that does not vary significantly from this amount.

Right of First Refusal

The City of Portland shall have the right of first refusal to purchase any affordable unit that is in
jeopardy of losing its affordability restrictions due to foreclosure, delinquency of condominium
fee payments, or any other cause outside of the agreed upon term of restriction. The City’s Right
of First Refusal is not intended to infringe upon the ability of a mortgage lender to recapture any
money owed by the affordable unit’s owner. The intent is to ensure affordability of the unit for
eligible households.

Implementing Regulations

Regulations to further specify the details of the parameters outlined in this Annual Plan, maybe
developed, including, but not limited to:
 1. Specific methodology for income verification; and
 2. Underwriting criteria.

Attachments
1) Point System for Evaluating and Scoring Applications
2) Sources and Uses: Jill C. Duson Housing Trust Fund



January 23, 2026
Draft 4 | Page



 Page 141
Attachment 1
Point System for Evaluating and Scoring Applications

Policy Objectives: Total 45 Points
Proposed use of funds to achieve the City of Portland's goals and address demonstrated
need. 20 points
Maximum points will be awarded for those applications that:

 1. Market Demand - 6 points
 a. 6 points - high demand, meets the City’s income targeting and rental housing
 priority, and preferences noted above
 b. 1 point - moderate demand, sufficiently meets the City’s income targeting priority
 c. 0 points - does not demonstrate sufficient market demand, does not meet the
 City’s income targeting priority
 2. Economic diversity - 6 points
 a. 6 points - creates housing options which promote economic diversity within the
 development and in the neighborhood in which the development is located, while
 meeting the income preferences noted above
 b. 5 points – creates housing options which promote economic diversity within the
 neighborhood in which the development is located, while meeting the income
 preferences noted above
 c. 4 points – creates housing options which promote economic diversity within the
 development (a mixed-income development), while meeting the income
 preferences noted above
 d. 0 points does not promote economic diversity
 3. CHDO - 2 points
 a. 2 points - developer and owner are both controlled by CHDO
 b. 1 points - either developer or owner are controlled by CHDO
 c. 0 points neither developer nor owner are controlled by CHDO
 4. City Subsidy - 6 points
 a. 6 points - investment from City is <$10,000/unit
 b. 5 points - investment from City is > or = $10,000 and <$12,000/unit
 c. 4 points - investment from City is > or = $12,000 and <$14,000/unit
 d. 3 points - investment from City is > or = $14,000 and <$16,000/unit
 e. 2 points - investment from City is > or = $16,000 and <$18,000/unit
 f. 0 points - investment from City is > or = $18,000/unit


Impact on surrounding neighborhood, including design compatibility and environmental
issues. 25 points
Maximum points will be awarded for those applications where:

 1. Site Selection - 7 points
 a. 7 points – fully appropriate for use, project supports Comprehensive Plan goal for
 development along transit nodes and corridors
 b. 5 point – appropriate, some concerns
 c. 0 points – significant concerns, project does not support Comprehensive Plan goal
 for development along transit nodes and corridors
January 23, 2026
Draft 5 | Page



 Page 142
 2. Exterior Design - 6 points
 a. 6 points - the design is fully consistent with neighborhood design characteristics
 b. 3 points - the design is an adequate fit with the neighborhood design
 c. 0 points - the design is a significant outlier
 3. Amenities and unit design - 7 points
 a. 7 points -amenities & unit design are well thought out and appropriate for
 residents
 b. 5 points - amenities & unit design are adequate
 c. 0 points -amenities and unit design raise significant concerns that resident needs
 will not be adequately addressed
 4. Environmental - 5 points
 a. 5 points – Phase I identifies no environmental issues
 b. 3 points - Phase I identifies an environmental issue, but a Phase II shows a feasible
 economically viable resolution which is included in the budgets
 c. 0 points - there are significant unresolved environmental issues, or no Phase I has
 been received


Underwriting Criteria: Total 65 Points
Financial feasibility, including cost, development budget operating pro forma and the
provision of secured and leverage funds. 20 points

Maximum points will be awarded for those applications that:

 1. Development budget & sources and uses - 10 points
 a. 10 points - EVERY development budget line item for which there is a City of
 Portland guideline complies with that guideline AND all other line items are
 reasonable and customary
 b. 8 points - ONE budget line item falls outside City guidelines or outside the
 standard of “reasonable & customary”
 c. 6 points - TWO budget line items item falls outside City guidelines or outside the
 standard of “reasonable & customary”
 d. 0 points - more than two budget items fail to meet City guidelines or fall outside
 “reasonable and customary”
 2. Operating pro forma – 10 points
 a. 10 points - EVERY operating pro forma line item for which there is a City of
 Portland guideline complies with that guideline AND all other line items are
 reasonable and customary
 b. 8 points - ONE budget line item falls outside City guidelines or outside the
 standard of “reasonable & customary”
 c. 6 points - TWO budget line items item falls outside City guidelines or outside the
 standard of “reasonable & customary”
 d. 0 points - more than two budget items fail to meet City guidelines or fall outside
 “reasonable and customary”

Applicant's ability to complete and operate project, including development team
experience, capacity, property management track record, project readiness and timeframe
for completion. 45 points
January 23, 2026
Draft 6 | Page



 Page 143
Maximum points will be awarded for those applications that:

 1. Readiness to proceed - 10 points
 a. 10 points – project meets the shovel ready definition noted in the Funding
 Priorities section above
 b. 7 points - at least one letter of commitment or interest is included and ALL
 projected sources are projected at terms and conditions consistent with the City’s
 prior experience with the funder
 c. 5 points - ALL projected sources of funding include letters of commitment, letters
 of interest, or, if no letter is included, are projected at terms and conditions
 consistent with the City’s prior experience with this funder
 d. 0 points - one or more sources are projected on terms that are not consistent with
 the City’s prior experience with the funder and are not documented by letter(s)
 from funder(s)
 2. Construction Time Line – 5 points
 a. 5 points – There is a strong likelihood the project could proceed into construction
 within the first six months of the year following funding appropriation based on
 the timeline, narrative, and supporting documents
 b. 2 points -There is a small likelihood the project could proceed into construction
 within the first six months of the year following funding appropriation based on
 the timeline, narrative, and supporting documents
 c. 0 points -it is unlikely the project could proceed into construction within the first
 six months of the year following funding appropriation based on the timeline,
 narrative, and supporting documents
 3. Track record of development team - 10 points
 a. 10 points - every development team member has a successful track record with
 this type of project and at this scale
 b. 7 points - all but one development team members have a successful track record
 with this type of project and at this scale; one development team member has
 relevant experience but at a smaller scale or not of this project type
 c. 3 points - two development team members, while having relevant experience, are
 new to this type of project or this scale of development
 d. 0 points - the development team does not meet the criteria above
 4. Current Capacity of development team - 10 points
 a. 10 points - development team members have exceptional depth of human and
 financial resources to complete this project
 b. 8 points - development team members have the human and financial resources to
 complete this project
 c. 3 points - development team has a staffing gap in a significant role and a plan to
 address that gap, OR there are some concerns about the financial resources of the
 team to move the development forward
 d. 0 points - the development team does not meet the criteria described above
 5. Sound Property Management - 10 points
 a. 10 points – property manager agent demonstrates a successful track record in
 projects of similar size, scale, type and complexity to the proposed project.
 Properties under the agent’s management are violation free, have not been issued

January 23, 2026
Draft 7 | Page



 Page 144
 an IRS form 8823 within the last three years, and have scored above average or
 better in physical inspection scores
 b. 5 points -property manager agent demonstrates a successful but limited track
 record in projects of similar size, scale, type and complexity to the proposed
 project. Properties under the agent’s management are violation free, have not
 been issued an IRS form 8823 within the last three years, and have scored
 satisfactory in physical inspection scores
 c. 0 points – the property manager agent has either on-going violations, or has been
 issued an IRS form 8823 in the last three years, or has scored below average or
 lower




January 23, 2026
Draft 8 | Page



 Page 145
January 23, 2026
Draft 9 | Page



 Page 146
Overview Case Id:
 Name:
 Address:


Overview




 City of Portland Housing & Economic Development
 Department
 Affordable Housing Heidi McCarthy
 Development and Tax 389 Congress St
 Portland, ME 04101
 Increment Financing 207-756-8089
 Application hmccarthy@portlandmaine.gov




INTRODUCTION

The City of Portland recognizes affordable housing is a necessity to preserve human dignity, provide shelter and
safety, ensure quality of life, and promote self-determination and economic growth. The development of affordable
housing is also identified as a priority in the City of Portland's 2022-2026 HUD 5-year Consolidated Plan, City Council
Common Goals, and the Comprehensive Plan. To accomplish this priority, the City of Portland is soliciting proposals
for financial assistance that facilitate the development of affordable housing in the City of Portland.

The goal for the distribution of HOME Investment Partnerships Program and Housing Trust funds, or the designation
of an Affordable Housing TIF district, is to increase, preserve, and modify the overall supply of housing citywide to
meet the needs, preferences and financial capabilities of Portland residents. Development should be consistent with
the Annual City Council Goals, the City's Comprehensive Plan and the HUD Five-Year Consolidated Plan. The City of
Portland seeks development projects that create contextually appropriate housing density in and proximate to
neighborhood centers, concentrations of services, and transit nodes and corridors as a means of supporting complete
neighborhoods.

Applications will be reviewed by an evaluation team of City of Portland staff who will evaluate and score each
application utilizing the scoring factors outlined in the Scoring Section as well as the 2026 City Council Common Goal
requirement to use a lens that prioritizes racial, social, and justice equity in order to recommend the most qualified
application based on the information submitted.




 1 of 15



 Page 147
Submission Process Overview

The City of Portland’s Division of Housing and Community Development uses an application process to ensure public
funds are utilized for maximum public benefit to accomplish specific objectives and provide fair access to all
applicants. Applications are considered on a rolling basis. Applications utilizing HOME and/or Housing Trust Funds
will be accepted until all budgeted funds are allocated. Applicants should contact the City of Portland to confirm the
availability of funds prior to submitting an application.

Planning Board approval is required before the Affordable Housing Development and Tax Increment Financing
Application may be submitted. Applicants are *highly encouraged*to file the required Major Site Plan and
Subdivision applications with the Planning Department as soon as possible, in order to provide sufficient time for the
local land use approval process to occur. Please contact Matthew Grooms, Deputy Director Planning & Urban
Development Department, at mgrooms@portlandmaine.gov for additional specifics on the land use approval process.

Projects requesting credit and funding awards from Maine Housing must receive a Notice of Award prior to
submitting the Affordable Housing and Tax Increment Financing Application requesting HOME and Housing Trust
funds from the City of Portland.

Projects requesting an Affordable Housing TIF may be submitted prior to or without the Notice of Award from
MaineHousing.

Applications must be submitted electronically through Neighborly’s Participant Portal at:
https://portal.neighborlysoftware.com/PORTLANDME/Participant

Eligible Applicants
 • Applicants must be for-profit or public and community non-profit entities
 • The City of Portland strongly encourages BIPOC and women developers to apply for the resources made
 available through this application. Staff from the City’s Housing and Community Development Division
 are available to provide assistance throughout the application process. Information regarding the City’s
 Housing Development programs and resources is Available Here.
 • Certified Community Housing Development Organizations (CHDO’s) or organizations eligible for CHDO
 certification are strongly encouraged to apply. More information about CHDO is Available Here


Availability of Funding
 • The City of Portland is making available a combination of FY 2026-2027 HUD Home Investment
 Partnership Program (HOME) funds (which includes a mandatory set-aside for CHDO organizations or
 organizations eligible for CHDO certification) and local funds from the Jill C. Duson Housing Trust Fund
 (HTF) for Affordable Housing Development. City staff will determine which funding source is best for each
 project and then make funding recommendations to the City Council for final approval.
 • The City of Portland reserves the right to partially fund application requests or deny any application that
 does not meet the application criteria. Material changes to the application after approval of the award of
 funds may result in the cancellation of award and recapture of awarded funds. Cancellation shall be at the
 sole discretion of the City of Portland.
 • IMPORTANT NOTE: Resources available through this application cannot be used to develop off-site
 Inclusionary Zoning required units.
 • Estimated Total Funding Available: To Be Determined (HOME + HTF)




 2 of 15



 Page 148
General Guidelines

 • Developments shall provide decent, safe, and sanitary dwellings such as single-family homes, apartments,
 condominiums, or other living accommodations for households whose income does not exceed 120% of
 the median income for the area as defined by the U.S. Department of Housing and Urban Development
 (HUD). Affordable housing does not include facilities such as shelters, nursing homes, convalescent
 homes, hospitals, residential treatment facilities, correctional facilities, student dormitories, or
 unattached mobile homes, regardless of income level. Projects must show that the development meets
 an identified community housing need, the City’s participation is financially necessary in order for the
 project to proceed, and the applicant has the financial capacity to support their project.


 • Priority use of HOME Program funds will be given to developments that provide rental housing units to
 households earning at or below 50% of the area median income ($64,900 for a four-person household).
 • Priority use of Housing Trust Funds will be to support public/private partnerships that create workforce
 housing unit affordable to households earning up to 100% of the area median income ($129,800 for a
 four-person household) with preference for households earning 80% of the area median income
 ($103,850 for a four-person household) and below. Shovel ready projects with mixed income targeting
 and a mix of bedroom sizes, including family-size units of 3+, are strongly encouraged.
 • Priority use of Affordable Housing Tax Increment Financing (AHTIF) will be for projects receiving assistance
 through the Low Income Housing Tax Credit Program (LIHTC) or projects that create housing units
 affordable to households earning up to 80% of the area median income with preference for households
 earning 50% of the area median income or below. A minimum of $500,000 in new taxable investment
 property value for affordable housing development is needed to qualify for an Affordable Housing TIF.
 • Projects must create housing units which promote economic diversity within the development and within
 the neighborhood in which the development is located. New construction, conversion of non-residential
 property to housing, and rehabilitation of existing rental units that create accessible units or maintain
 affordable units are eligible.
 • Projects must meet the affordability targets referenced in the General Guidelines Section along with all
 applicable income and rent restrictions of the City’s funding source (HOME, HTF or AHTIF Programs).
 • Projects must ensure that the affordable units within a mixed income development will be equal in square
 footage and comparable to the market rate units.
 • Housing First developments are encouraged.
 • Single Room Occupancy (SRO) and other supportive housing projects specifically for special needs
 populations are eligible under this application.
 • HOME and HTF resources cannot be used to finance a developer’s minimum obligations under the city’s
 Inclusionary Zoning ordinance.
 • The term shovel ready is defined as a project that has received all other funding approval from federal,
 state, local or private sources and demonstrates the ability to move to construction loan closing by June
 2027.
 • For purposes of this application and the use of Housing Trust Funding or the AHTIF, affordable means that
 the percentage of income a household is charged in rent and other housing expenses including utilities
 and mandatory fee, or must pay in monthly mortgage payments (including real estate taxes, mortgage
 insurance, condominium/HOA fees, insurance and utilities), does not exceed 30% of a household’s gross
 income, or other amount established in city regulations that does not vary significantly from this amount.
 See Exhibit #2 Available Here.
 • Projects seeking funding through these City resources must also apply for Inflation Reduction Act (IRA)
 Green/Clean energy related funding, even if those funds become available after submission of the
 application to the City.

 3 of 15



 Page 149
Affordable Housing Tax Increment Financing (AHTIF) Guidelines

 • Applicants submitting applications deemed incomplete will be informed of the status of their
 application along with the missing components. Applicants requesting an Affordable Housing TIF and
 applying for 9% LIHTC from MaineHousing will be provided a deadline for resubmission; applicants
 provided the opportunity to redress their submission and are still deemed incomplete will not be
 included in the schedule of priority funding requests for the 9% LIHTC program.
 • Projects must comply with the City of Portland’s Tax Increment Financing Policy.
 • A financial underwriting analysis will be conducted by a third party on all projects requesting Credit
 Enhancement Agreement participation. Applicants for CEA assistance will be responsible for
 reimbursing the City for all project third party legal and financial underwriting costs.
 • The approval process to establish an Affordable Housing Tax Increment Financing (AHTIF) District involves
 three steps. First, the City Council’s Housing and Economic Development Committee provides a
 recommendation to the City Council regarding the establishment of an Affordable Housing TIF district. If
 the City Council approves the recommendation, the City submits an application to the Maine State
 Housing Authority. MaineHousing reviews the application from the City to ensure compliance with MRS
 Title 30-A, §5245-5250-G.
 • Projects approved for a site-specific tax increment financing district utilizing a Credit Enhancement
 Agreement must ensure that any firms employed in the construction phase of an Affordable Housing TIF-
 assisted project compensate all employees the current wage rates and fringe benefits as required under
 applicable state prevailing wage law under 26 M.R.S.A. §1306, or Portland City Ordinance Ch. 33, §33-1 to
 33-12, whichever is greater. State prevailing wage rates may exceed Davis-Bacon wage rates. Projects that
 are required to meet the local TIF policy wage rate requirements and federal Davis-Bacon wage
 requirements for the City of Portland must use the higher wage rate based on job classification. The City
 of Portland does not monitor Davis-Bacon wage rates when not required by City funding.
 • AHTIF projects receiving funding through this application must set aside 10% of the units in the project for
 individuals or families residing in a Portland shelter. The City’s Health and Human Services Department
 would be responsible for providing referrals, providing or coordinating supportive services and financial
 resources to assist with monthly rent payments. A Supportive Housing Agreement between the City and
 the Developer would document the services and expectations. At the time of loan closing or prior to
 disbursement of the City’s funding, the requirements would be secured by a Declaration of Covenants
 which will be recorded in the Cumberland County Registry of Deeds
 • Tax increment financing cannot be used to finance a developer’s minimum obligation under the City’s
 Ensuring Workforce Housing ordinance. However, tax increment financing can be used to provide
 affordability that exceeds Inclusionary Zoning requirements.


HOME and Jill C. Duson Housing Trust Fund Guidelines

 • Projects that have previously received HOME funds are not eligible for additional HOME assistance.
 • HOME funds will be awarded to projects creating rental units.
 • HOME eligible projects (i.e. all HOME funded projects and eligible Housing Trust funded projects)
 receiving funding through this application must set aside 10% of the units in the project for individuals
 or families residing in a Portland shelter. The City’s Health and Human Services Department would be
 responsible for providing referrals, providing or coordinating supportive services and financial resources
 to assist with monthly rent payments. A Supportive Housing Agreement between the City and the
 Developer would document the services and expectations. At the time of loan closing or prior to
 disbursement of the City’s funding, the requirements would be secured by a Declaration of Covenants
 which will be recorded in the Cumberland County Registry of Deeds.

 4 of 15



 Page 150
 • The developer may not request disbursement of funds until the funds are needed for the payment of
 specified and actual costs. The amount of each request must be limited to the amount needed for the
 payment of actual costs. The City will disburse up to 90% of the loan proceeds during construction at 50%
 of completion. The remaining 10% will be disbursed upon receipt of an architect’s certificate of substantial
 completion of the project. Any modification to the disbursement schedule must be agreed to by the City
 in writing prior to closing.
 • Projects receiving assistance through this application are encouraged to participate in the Public Housing
 Authority Family Self Sufficiency Program.
 • Projects receiving funding through this application must include a written occupancy policy that prohibits
 smoking in the units and the interior common areas of the project in addition to including a non-smoking
 clause in the lease for every household and making educational materials on tobacco treatment programs
 available to residents through the residence service coordinator, occupancy specialist, or property
 manager, such as the phone number for the statewide Maine Tobacco HelpLine.



Federal Requirements

Applicants are expected to be familiar with the guidelines/regulations that govern the HOME program. The following
requirements apply for any project that is awarded HOME or other federal funding.
Environmental Review Requirements

 Projects receiving HOME funding are subject to environmental review, clearance, and release of funds by the
 U.S. Department of Housing and Urban Development. Once an application has been submitted to the City of
 Portland, the applicant cannot take any “choice limiting actions” prior to receiving notification from the City
 that the environmental review process, including historic preservation review and clearance, has been
 completed and a release of funds has been received from the U.S. Department of Housing and Urban
 Development. A Phase I ESA along with a lead and asbestos testing report is required before HUD
 Environmental Review Requirements can be completed.

 Choice limiting actions include, but are not limited to, (1) actions having an adverse impact – e.g. demolition,
 dredging, filling, excavation, including soliciting bids for these activities; (2) actions limiting the choice of
 reasonable alternatives – e.g. execution of a legally binding agreement; signing a purchase and sale
 agreement; signing an option agreement that does not allow the purchaser to elect to terminate the option
 agreement if the property is not desirable; entering into real property acquisition (including making bids on
 auctioned properties); leasing, rehabilitation, demolition, environmental remediation, related site
 improvements, relocating buildings or structures, conversion of land or buildings/structures (including
 soliciting bids to undertake these activities).

 An environmental review must be completed on every HOME project and the review must result in
 environmental clearance before the City can commit HOME funds to the project. The review will be completed
 by the City post application acceptance. Documentation of environmental clearance must be provided to the
 City for any projects that have already received environmental clearance.



 • Federal Labor Standards and Other Wage Rate Requirements

 As may be applicable, projects receiving HOME or AHTIF funding must ensure that they and all contractors
 and subcontractors meet requirements for federal or state prevailing wage rates specified under the Davis-
 Bacon Act and the City’s TIF policy, respectively. The Davis-Bacon and Related Acts require all laborers and
 5 of 15



 Page 151
mechanics employed by contractors or subcontractors in the performance of construction work over $2,000,
financed in whole or in part with assistance received under HUD programs, shall be paid the prevailing wage
as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-
5). Projects that include 12 or more HOME-assisted units must meet the requirements of the Davis-Bacon and
Related Acts. Any project approved for a site-specific tax increment financing district (AHTIF) utilizing a credit
enhancement agreement must ensure that any firms employed in the construction phase of a TIF-assisted
project compensate all employees the current wage rates and fringe benefits as required under applicable
state prevailing wage law under 26 M.R.S. §1306, or Portland City Ordinance Ch. 33 §33-1 to 33-12, whichever
is greater. State prevailing wage rates may exceed Davis-Bacon wage rates.

• Section 3

All HOME projects must comply with Section 3 regulations at 24 CFR Part 75. Contractors and subcontractors
performing work on Section 3 covered projects must provide, to the greatest extent feasible, contracting and
other economic opportunities to low- and very low-income persons, especially recipients of government
assistance for housing, and to the businesses that provide economic opportunities to low- and very low-
income persons. Projects that utilize over $200,000 in HUD federal funding from any source or combination of
sources, including MaineHousing, must report on Section 3 accomplishments.

• Minority and Women Owned Business (MBEWBE) Participation

All HOME projects must complete, track, and report on outreach and contracts given to women- and minority-
owned businesses to ensure their inclusion, to the maximum extent possible, in the procurement of property
and services. Applicants are encouraged to utilize firms certified as a Minority Business Enterprise or
Women’s Business Enterprise as part of the development team. The development team members include the
developer, architect, attorney, general contractor, and management agent. Forms will be provided to the
developer for tracking.

• Lead-Based Paint

All HOME funded residential rehabilitation, adaptive re-use and construction activities must comply with 24
CFR Part 35 and Section 401(b) of the Lead-Based Paint Poisoning Prevention Act.

• Access to the Internet

All new construction and substantial rehabilitation projects of multifamily rental housing will be required to
provide the installation of broadband internet access to its residents to help narrow the digital divide for
households in need.

• Fair Housing and Equal Opportunity
[Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.) (HUD implementation
regulations 24 CFR Part 1); The Fair Housing Act (42 U.S.C. 3601-3620)(24 CFR Part 100-115(; Equal
Opportunity in Housing (Executive Order 11063, as amended by Executive Order 12259)(24 CFR Part 107); Age
Discrimination Act of 1975, as amended (42 U.S.C. 6101)(24 CFR Part 146).]

The Fair Housing Act prohibits discrimination in all housing-related transactions based on race, color, national
origin, religion, sex, disability, age or familial status. It also includes minimum accessibility design
requirements for all new construction and rehabilitation projects and requires that reasonable
accommodations be made in rules, policies, practices, services and reasonable structural modifications.
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability and requires that
everyone have equal opportunity to obtain housing built with federal funds.


 6 of 15



 Page 152
• Affirmative Marketing

Developers must have tenant selection policies and criteria to ensure that tenants are selected for occupancy
at the property in a fair and equitable manner. Tenant selection policies must be based on objective criteria
that expressly prohibit bias. Tenant selection procedures should be clear and easily understood by
prospective tenants. An affirmative marketing plan is required to ensure that the property serves a diverse
cross-section of the population of the market area, must consist of actions to provide information and
otherwise attract eligible persons in the housing market area that might not otherwise apply without special
outreach, and ensure that the housing is available to qualified applicants without regard to race, color,
national origin, religion, sex, disability, or familial status.

• Violence Against Women Act

Developers must comply with the Violence Against Women Act (VAWA) requirements in 24 CFR §92.359 and
24 CFR Part 5, subpart L. The Violence Against Women Act was reauthorized in 2022 with increased
protections for victims of domestic violence, dating violence, sexual assault, and stalking. HUD is currently
formulating guidance on compliance with the reauthorization. Projects receiving funding during this program
year will be required to follow this guidance, regardless of whether it is released after award.

• Relocation and Displacement

Developers must comply with all applicable federal requirements, including the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, as amended, for any persons or businesses displaced at any
point during the project.

• Equal Employment Opportunity

All projects shall comply fully with the Nondiscrimination and Equal Opportunity Provisions of the Workforce
Investment Act of 1998, as amended (WIA, 29 CFR part 37); the Nontraditional Employment for Women Act of
1991; title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as
amended; the Age Discrimination Act of 1975, as amended; title IX of the Education Amendments of 1972, as
amended; and with all applicable requirements imposed by or pursuant to regulations implementing those
laws, including but not limited to 29 CFR part 37.

• Build America Buy America (BABA) Requirements

Developers must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301
note, and all applicable rules and notices, as may be amended, if applicable to the infrastructure project.
Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build
America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001),
any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA
requirements, unless excepted by a waiver.

On November 15, 2021, the Build America, Buy America Act (the Act) was enacted as part of the
Infrastructure Investment and Jobs Act (IIJA). Pub. L. 117-58. The Act establishes a domestic content
procurement preference, the BAP, for Federal programs that permit Federal financial assistance to be used for
infrastructure projects. In Section 70912, the Act further defines a project to include “the construction,
alteration, maintenance, or repair of infrastructure in the United States” and includes within the definition of
infrastructure those items traditionally included along with buildings and real property. Starting May 14, 2022,
new awards of Federal financial assistance from a program for infrastructure, and any of those funds



 7 of 15



 Page 153
 obligated by the grantee, are covered under the Build America, Buy America (BABA) provisions of the Act, 41
 U.S.C. 8301 note.

 US Department of Housing and Urban Development (HUD) has implemented a department wide public
 interest de minimis, Small Grants, and Minor Components waiver to the BAP requirement as applied to iron,
 steel, manufactured products, and construction materials of the Act for recipients of Federal Financial
 Assistance, with the threshold for the waiver being set at $250,000.00 for total project development cost.




Site Information and Criteria

 • Site Control: Land or buildings proposed as part of a project under this application, must have site control
 at the time the application is submitted, in the form of title, purchase and sale agreement, option, long-
 term lease for a minimum of 90 years, or other acceptable method. At a minimum, site control must
 extend through December 31, 2025.
 • Local Approvals: Local land use approval is not required prior to submission of the application, however
 approval is required before the City Council will approve the funding request or AHTIF request. The
 applicant must submit an analysis of the project in relation to local land use regulations and site
 feasibility; the analysis must include the completion of the Site Information and Criteria Table available as
 Exhibit #3.
 • Applications must not require a contract or conditional zone. Resolution of any zoning issues is required
 before City Council approval of the applicants funding request or Affordable Housing TIF request.

Underwriting Guidelines

Applicant Capacity
All applicants must demonstrate capacity to develop, own and manage the proposed project. All applications must
provide evidence of a development team with the capacity to successfully complete the project including:

 • Key staff members assigned to the project with the abilities and experience to successfully complete the
 project within the proposed time frame.
 • An architect, general contractor, and professionals on the team with the experience and capacity to
 complete the project.
 • A management team with qualified personnel and the capacity and experience to operate, manage, and
 maintain the affordable rental property of size and mix of the proposed project. Applicants should
 demonstrate that properties under the property management team’s responsibility are violation free,
 have not been issued an IRS form 8823 within the last three years and have scored above average or
 better in physical inspection scores.
 • Qualified staff with the capacity to perform ongoing property ownership requirements such as budgeting,
 tax accounting, and oversight of management and maintenance.
 • A portfolio of current affordable housing projects that are financially sound and meeting their established
 goals.
 • Support Services: Applications containing rental units targeted to special needs populations must include
 commitments for support services to be provided to the residents and have in place a policy to make
 accessible units available when needed if units are occupied by someone that does not need the
 accessible features.

Financial Feasibility
 8 of 15



 Page 154
 • Financial applications must be developed in accordance with the underwriting guidelines of the primary
 funding source, including adequate cash flow and debt coverage ratio, and conform to the City of
 Portland’s underwriting criteria.
 • All projects will be reviewed for the proposed use of funds compared to other resources. Applicants must
 describe the proposed mortgage and security position for the City of Portland's funding. The average City
 investment per unit, excluding Affordable Housing TIF financing, is approximately $10,000. The City
 contribution per unit will typically not exceed $18,000. This amount may be adjusted at the discretion of
 the City Council, only for unusual circumstances where a larger amount is the only way a project that
 meets other City goals is needed. In those cases, the higher cost per unit ratio must be tied to the goals
 outlined in the City’s Comprehensive Plan.

Financing Terms

 • The City reserves the right to partially fund application requests or deny any application that does not
 meet the application criteria, and adjust the terms of funding on a case-by-case basis based on changes
 in conventional lending and other financing sources.
 • The City’s funding is generally in the form of soft “gap” financing. To allow for future investment in
 affordable and workforce housing, the City seeks to achieve a reasonable return of capital and where
 possible a return on investment based on the financing features of each funding request. The City
 allows flexibility for creativity by development teams by establishing funding terms based on the
 financial structure of each development project.
 • A key tool used to perform the financial analysis is the Debt Coverage Ratio (DCR). The City will
 underwrite to a 1.15 DCR in year 1 for capital subsidy and AHTIF.

Term of Affordability

 • Rental housing projects funded with HOME and/or Housing Trust Funds must have a minimum
 affordability period of at least 30 years and in some cases may be 90 years. The affordability term is to be
 secured by a declaration of covenants and restrictions recorded in the Cumberland County Registry of
 Deeds.
 • AHTIF projects must have an affordability period that matches the term of the district and is secured by a
 declaration of covenants and restrictions recorded in the Cumberland County Registry of Deeds.

Capital Subsidy
  Capital subsidy repayment is a priority for the City. Amortizing repayment of capital subsidy is expected. During the
  underwriting process, capital subsidy repayment terms will be determined based on projected cashflow available in
  year 1 and year 6 of projected operations. Based on a financial analysis of the development project, funding in the
  form of loans may range from:

 • 30-year amortizing loans with interest rates of up to 5%
 • Up to a 5-year deferral prior to start of amortizing payments
 • Non-amortizing, deferred loans at 0%. Projects serving substantially underserved households may receive
 grants or deferred loans based on the demonstrated needs of the project.

Time Frame
 • The applicant must list projected dates for the following: 90% document completion; commitment of non-City
 funds; closing; construction start-up; substantial completion, final completion and occupancy. Timeframes
 must be realistic and achievable.
 • All funded projects must be able to start construction within 12 months of notice of award.


 9 of 15



 Page 155
Market Demand

 • Applicants must show that the development meets an identified community housing need and provide an
 analysis and discussion of market demand justifying the need for the proposed project.

Market Study

 • An independent market analysis is required to be conducted as part of the due diligence investigation.
 This third party report will define the geographic market area from which tenants are likely to come,
 quantify the pool of eligible tenants, evaluate effective demand, capture rate, and absorption period,
 taking into account a review of developments planned for the market area and the projected time periods
 for these activities. The market study shall be dated no earlier than 180 days of submission of the initial
 application.
 • If an independent market analysis in not provided, then the application should include the following
 information; commuting patterns with distance to amenities; walking/transit/bike score; comparison of
 the pro forma rent to the average rent at affordable comparables; waitlist at affordable comparables; and
 occupancy percentage at affordable comparables.

Site Evaluation

 • The site should be accessible to schools, shopping, health, recreation and social facilities and employment
 opportunities. These criteria will be evaluated independently for each development based on the nature
 and proposed occupancy of the development, such as family, elderly or handicapped housing.
 • Availability of transportation to residents of the development.
 • Compatibility of the proposed development within the neighborhood or community including the age of
 housing, neighborhood diversity, and incidence of crime.

Parking

 • In order to be considered for less than a 1:1 unit/parking ratio, the Developer must, as part of the pre-
 application phase, document a plan that meets the local municipality’s requirements or, if none are
 available, the following:
 a. Documents the demand for on-site or off-site parking consistent with projects of similar size, location,
 and population.
 b. Provide distance to bus line, grocery stores, walking score.
 c. Documents the availability and costs of transportation alternatives that service the project site.
 d. Describes alternatives to car parking that will be provided on-site such as parking for motorcycles
 and/or scooters and/or storage for bicycles.
 e. Describes any proposed tenant incentive programs that will reduce car parking needs.
 f. Describes tenant education efforts that will be implemented that will reduce car parking needs.
 g. Provides for timely and ongoing monitoring of the plan and describes how adjustments to the plan will
 be implemented.

Utilities

 • Developer must provide utility comparisons and commentary.


Design Compatibility
Projects must be designed to contribute to the character of the neighborhood and adhere to the following general


 10 of 15



 Page 156
guidelines.

 • MUST comply with all applicable City Codes and Ordinances, including but not limited to the City’s Green
 Building Code (Chapter 6, Article VII, Sec. 6-165)and the Affordable Housing Section of the City’s Land Use
 Ordinance (Chapter 14 Article 17.2)). Please note that the Green Building Code may be more restrictive than
 the requirements in Maine Housing’s Quality Standards and Procedure Manual. Applicants must provide
 evidence reasonably satisfactory to the City of Portland demonstrating that the project was designed,
 constructed and rehabilitated in accordance with the Green Building Code.
 • Should establish a building form, scale, massing and rhythm appropriate for the surrounding neighborhood.
 • Should provide a quality design that, where possible, reinforces the public realm of open space, sidewalks and
 streets through appropriately scaled entries that orient to the street instead of interior blocks or parking lots,
 and incorporate porches, fenestration, landscaping, and architectural details.
 • MUST meet the accessibility requirements of the Fair Housing Act and Section 504 of the Rehabilitation Act of
 1973, and the Maine Human Rights Act for multi-family housing. Provide for universal accessibility to the
 extent possible.
 • Should provide visual and acoustical privacy between units while maximizing natural light and ventilation
 within units.


Monitoring
Projects receiving HOME funding may be charged an annual fee to cover the actual costs of federally required HOME
monitoring, per 24 CFR 92.214(b)(1)(i).


Affordable Housing Tax Increment Financing (AHTIF)
AHTIFs will be sized to meet the projected needs of the project. Reducing project reliance on AHTIF subsidy over the
term of the AHTIF subsidy is a priority for the City.

 • During the underwriting process, the City will evaluate the level of the AHTIF at year 11 and 21 of
 projected operations. The percentage of the AHTIF will be adjusted downward if projections show a DCR
 above 1.20 in those years.
 • For projects serving substantially underserved households (i.e. households with income below 30% AMI
 and unhoused people), in the unusual event that a year 1 DCR of 1.15 results in a negative DCR in the 30-
 year operating projections, a TIF may be sized to up to 1.20 in year 1 to maintain positive DCR through the
 30-year period.
 • During the term of the Affordable Housing District and the Development Program, tax increment revenues
 from the Affordable Housing District claimed by the City as captured assessed value may be used to pay
 authorized project costs.
 • Tax increment revenues will be paid by the City to the Project owner pursuant to a Credit Enhancement
 Agreement to be entered into by and between the City and the Project owner.

Other Submission Requirements

Applications must include a balanced budget at 2% inflators for income and 3% inflators for expenses.

Applications must include a third party cost estimate by the General Contractor or estimator.

Applications must include all developer financial documents necessary to; demonstrate the financial ability to develop
and complete the project; and viability of operating the project.


 11 of 15



 Page 157
Applications in which there is a development partner or fee developer must include all legal agreements with that
entity.

Applications must either submit an audit, or management statements and tax returns for the past three years.

Applications must either include the range of unit sizes and average size by bedroom count, or provide the square
footage of units by bedroom size for each unit configuration.




 POINT SYSTEM FOR EVALUATING AND SCORING APPLICATIONS (MAX 115)
Policy Objectives: Total 42Points

Proposed use of funds to achieve the City of Portland’s goals and address demonstrated need. 18points

Maximum points will be awarded for those applications that:

 • Market Demand – 4 points
 o 4 points – high demand, meets the City’s income targeting priority and preferences noted in
 application.
 o 1 point – moderate demand, sufficiently meets the City’s income targeting priority
 o 0 points – does not demonstrate sufficient market demand, does not meet the City’s income
 targeting priority
 • Economic diversity – 6 points
 o 6 points – creates housing options which promote economic diversity within the development and
 within in the neighborhood in which the development is located, while meeting the income
 preferences noted above
 o 5 points – creates housing options which promote economic diversity within the neighborhood in
 which the development is located, while meeting the income preferences noted above
 o 4 points – creates housing options which promote economic diversity within the development (a
 mixed-income development), while meeting the income preferences noted above
 o 0 points does not promote economic diversity
 • CHDO – 2 points
 o 2 points – developer and owner are both controlled by CHDO
 o 1 points – either developer or owner is controlled by CHDO
 o 0 points neither developer nor owner is controlled by CHDO
 • City Subsidy – 6 points
 o 6 points – investment from City is <$10,000/unit
 o 5 points – investment from City is > or = $10,000 and <$12,000/unit
 o 4 points – investment from City is > or = $12,000 and <$14,000/unit
 o 3 points – investment from City is > or = $14,000 and <$16,000/unit
 o 2 points – investment from City is > or = $16,000 and <$18,000/unit
 o 0 points – investment from City is > or = $18,000/unit

Impact on surrounding neighborhood, including design compatibility and environmental issues. 24 points

 12 of 15



 Page 158
Maximum points will be awarded for those applications where:

 • Site Selection – 7 points
 o 7 points – fully appropriate for use, project supports Comprehensive Plan goal for development
 along transit notes and corridors
 o 5 point – appropriate, some concerns
 o 0 points – significant concerns, project does not support Comprehensive Plan goal for
 development along transit nodes and corridors
 • Exterior Design – 5 points
 o 5 points – the design is fully consistent with neighborhood design characteristics
 o 3 points – the design is an adequate fit with the neighborhood design
 o 0 points – the design is a significant outlier
 • Amenities and unit design – 7 points
 o 7 points -amenities & unit design are well thought out and appropriate for residents
 o 5 points – amenities & unit design are adequate
 o 0 points -amenities and unit design raise significant concerns that resident needs will not be
 adequately addressed
 • Environmental – 5 points
 o 5 points – Phase I identifies no environmental issues
 o 3 points – Phase I identifies an environmental issue, but a Phase II shows a feasible, economically
 viable resolution which is included in the budgets
 o 0 points – there are significant unresolved environmental issues, or no Phase I has been received

Underwriting Criteria: Total 65 Points

Financial feasibility, including cost, development budget operating pro forma and the provision of secured and
leverage funds. 20 points

Maximum points will be awarded for those applications that:

 • Development budget & sources and uses – 10 points
 o 10 points – EVERY development budget line item for which there is a City of Portland guideline
 complies with that guideline AND all other line items are “reasonable and customary”
 o 8 points – ONE budget line item falls outside City guidelines or outside the standard of
 “reasonable & customary”
 o 6 points – TWO budget line items item falls outside City guidelines or outside the standard of
 “reasonable & customary”
 o 0 points – more than two budget items fail to meet City guidelines or fall outside “reasonable and
 customary”
 • Operating pro forma – 10 points
 o 10 points – EVERY operating pro forma line item for which there is a City of Portland guideline
 complies with that guideline AND all other line items are reasonable and customary
 o 8 points – ONE budget line item falls outside City guidelines or outside the standard of
 “reasonable & customary”
 o 6 points – TWO budget line items item falls outside City guidelines or outside the standard of
 “reasonable & customary”
 o 0 points – more than two budget items fail to meet City guidelines or fall outside “reasonable and
 customary”

Applicant’s ability to complete and operate project, including development team experience, capacity, property
management track record, project readiness and timeframe for completion. 45 points

 13 of 15



 Page 159
Maximum points will be awarded for those applications that:

 • Readiness to proceed – 10 points
 o 10 points – project meets the shovel ready definition noted in the Funding Priorities section in the
 application
 o 7 points – ALL projected sources of funding include letters of commitment, letters of interest, or,
 if no letter is included, are projected at terms and conditions consistent with the City’s prior
 experience with this funder
 o 5 points – at least one letter of commitment or interest is included and ALL projected sources are
 projected at terms and conditions consistent with the City’s prior experience with the funder
 o 0 points – one or more sources are projected on terms that are not consistent with the City’s prior
 experience with the funder and are not documented by letter(s) from funder(s)
 • Construction Time Line – 5 points
 o 5 points – There is a strong likelihood the project could proceed into construction within the first
 six months of the year following funding appropriation based on the timeline, narrative, and
 supporting documents
 o 2 points – There is a small likelihood the project could proceed into construction within the first
 six months of the year following funding appropriation based on the timeline, narrative, and
 supporting documents
 o 0 points – It is unlikely the project could proceed into construction within the first six months of
 the year following funding appropriation based on the timeline, narrative, and supporting
 documents
 • Track record of development team – 10 points
 o 10 points – every development team member has a successful track record with this type of
 project and at this scale
 o 7 points – all but one development team members have a successful track record with this type of
 project and at this scale; one development team member has relevant experience but at a smaller
 scale or not of this project type
 o 3 points – two development team members, while having relevant experience, are new to this
 type of project or this scale of development
 o 0 points – the development team does not meet the criteria above
 • Current Capacity of development team – 10 points
 o 10 points – development team members have exceptional depth of human and financial
 resources to complete this project
 o 8 points – development team members have the human and financial resources to complete this
 project
 o 3 points – development team has a staffing gap in a significant role and a plan to address that gap,
 OR there are some concerns about the financial resources of the team to move the development
 forward
 o 0 points – the development team does not meet the criteria described above
 • Sound Property Management – 10 points
 o 10 points – property manager agent demonstrates a successful track record in projects of similar
 size, scale, type and complexity to the proposed project. Properties under the agent’s
 management are violation free, have not been issued an IRS form 8823 within the last three years,
 and have scored above average or better in physical inspection scores
 o 5 points – property manager agent demonstrates a successful but limited track record in projects
 of similar size, scale, type and complexity to the proposed project. Properties under the agent’s
 management are violation free, have not been issued an IRS form 8823 within the last three years,
 and have scored satisfactory in physical inspection scores;


 14 of 15



 Page 160
o 0 points – the property manager agent has either on-going violations, or has been issued an IRS
 form 8823 in the last three years, or has scored below average or lower




 15 of 15



 Page 161