South Portland City Hall Courtesy photo
SOUTH PORTLAND – South Portland City Council is currently deliberating on two critical ordinances that could shape the city’s future. The proposed changes aim to simplify zoning regulations for bed and breakfasts under the Adaptive Reuse Ordinance and protect open space through a tiered classification system.
The discussion surrounding the Adaptive Reuse Ordinance amendments was initiated by Councilor Linda Cohen on Sept. 12. Cohen, supported by other councilors, called for a workshop to address the current restrictions on B&Bs in the Adaptive Reuse Ordinance. Specifically, the proposed amendment seeks to eliminate the requirement that B&Bs must have a lot size at least twice the minimum required by the zoning district in which they are located.
The history of the Adaptive Reuse Ordinance, established in 2019, and the reasons behind the double lot size standard are outlined in a memo by Planning Director Milan Nevajda. The standard was implemented to address concerns related to nuisances generated within residential neighborhoods from transient occupancy, perceived risks associated with B&Bs, and an influx of properties eligible for B&B use. However, the memo highlights several reasons to reconsider this requirement, including its limited use in zoning and the success of South Portland’s short-term rental program in managing nuisances and threats to residential neighbors.
The planning director’s memo also points out that the double-lot size requirement undermines the underlying concept of the Adaptive Reuse Ordinance, which aims to incentivize historic reuse. The proposed amendment could open the door for more B&Bs in existing structures without expanding lot sizes.
The city council is also grappling with a tiered classification system for open space properties, following recommendations from South Portland’s Open Space Plan. The system would designate non-tax-acquired city-owned parcels into three tiers, with different levels of protection.
Tier 1 properties receive the highest level of protection through conservation easements. Tier 2 properties have some potential open space value but can be listed for sale with enhanced public notification requirements. Tier 3 properties are not necessary for open space preservation and are available for sale.
The Open Space Tiering Ordinance was first introduced on Dec. 14, 2021, when council amended Chapter 2 of the city’s Code of Ordinances. The South Portland Land Trust (SPLT), which is likely to hold conservation easements, worked with city staff to create a draft easement that can be applied to future Tier 1 properties.
The city council established a Parks and Open Space Zone on Jan. 18, 2022. This zoning change designates 87 different city properties into Parks and Open Space zones. The park zone is dedicated to high-quality recreational facilities and open space preservation, while the open space zone emphasizes natural conditions and climate resiliency.
On Feb. 7 the city council considered designating a portion of Bug Light Park as Tier 1 and placing it into a conservation easement with the South Portland Land Trust. However, this move was rejected. To better protect public lands in Tier 1 categories, councilors reviewed various options for protection on May 9 and directed staff to prepare charter amendment language. This charter amendment would require a citizen referendum for properties like Bug Light, Mill Creek, and Hinckley parks to be sold or leased. The city council is now seeking guidance on which additional properties should be included in this charter.
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