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

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

Councilor Pious Ali moved to approve the code, seconded by Councilor Anna Bullett. General Councilor April Fournier was absent. The version submitted to council Monday evening included nearly a dozen amendments based on recent comments, Planning Director Kevin Kraft told the organization.

These changes include eliminating certain child care use standards in residential areas, allowing theaters in certain transit-oriented development zones, and a handful of more specific zoning changes, including the conversion of ‘a handful of parcels on the central avenue of Peaks Island in an island residential area. to the island commercial zone to encourage growth in this neighborhood. The council adopted each amendment unanimously.

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

East End resident Wendy Cherubini urged the council to adopt the new zoning ordinance, but she noted that future growth and circumstances may require other changes down the road.

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

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

Kate Lemose McHale, executive director of Greater Portland Landmarks, said the group actively participated in what she called the “thoughtful and robust process” for drafting ReCode.

“This will help create vibrant, sustainable, walkable neighborhoods and address urgent housing needs,” she said. “We strongly support these results. »

But George Rheault, a West Bayside resident, argued the proposed zoning code does not meet modern needs and simply seeks to restore the status quo in the city. He said the lengthy drafting process failed to create rules that would have a significant impact on the region’s housing crisis.

“When this bill passes, we will have to start from scratch,” Rheault said. “We will always take the smallest steps possible because that’s all we have the courage to do.”

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

She said “ReCode is like a tsunami,” with many moves to follow, and argued that additional time was needed to consider this amendment.

“It doesn’t make sense to select a few properties in the center of the island, surrounded by woods, to convert into a business,” Wendell said. “If this is the best option for the island, it will still be the best option in a few months.”

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

“The opportunities to start your business are limited,” he said.

WHAT CHANGES?

Although the details of the new zoning rules vary by neighborhood, they include a citywide change to allow multi-family homes in every residential zone.

In addition to eliminating single-family-only zoning requirements, the updated code establishes Transit-Oriented Development Zones, moderate to high-use areas centered around high-frequency transit infrastructure. These zones, which include nodes along Forest and Allen avenues, aim to promote walking and the use of alternative transportation, including cycling.

The new code also increases the maximum height of buildings downtown and on some major corridors, including Forest Avenue and Congress Street. Along Rue du Congrès in the Old Port, the height of buildings is more than 300 feet in certain areas. The tallest current structure in Portland is a 18-story building on Federal Street which is approximately 190 feet high.

But it also includes height setback requirements, designed to ease the visual transition from low to high heights. Kraft said these height requirements will help historic districts retain their character and grow without abruptly introducing higher than traditional heights into local skylines.

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

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

Some residents have expressed fears that the city’s new plan will worsen downtown traffic or that taller buildings will block the sun in currently hot and bright neighborhoods.

YEARS IN CREATION

Monday’s meeting followed a number of public listening and comment sessions held by the city council and planning committee throughout the summer. The city released an original list of proposed changes in April.

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

ReCode represents years of planning – divided into two phases – by city officials, who hope the new zoning rules will allow the city to grow at a sustainable pace and stay in line with the vision laid out in the project of Portland Law. Plan for 2030.

The first phase of the project involved consolidating and streamlining the old land use planning ordinance, which was almost 1,000 pages long, into a clearer, leaner 394-page ordinance.

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

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

Skyscrapers and duplexes won’t appear overnight, but their development could begin in the coming months. Given the pace of growth and construction, the full effects of the new code may not be felt for years or even decades.

OTHER BUSINESS

Dion made a statement early in Monday night’s meeting, saying he had seen hostile comments online about the timing of the ReCode vote in relation to the election. He noted that the process took seven years and included several opportunities for public comment. He added that as mayor, he partly sets the agenda for council meetings.

“There is no cabal, there is no conspiracy,” Dion said. “To suggest otherwise is unpleasant for all (the councilors).”

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

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