Housing & Economic Development Committee

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. 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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