On Monday, April 28th, at 5:00PM the Portland City Council will hold a public hearing and vote on a proposal from Councilors Anna Bullett and Wesley Pelletier to apply a retroactive moratorium against theatre and performance hall projects.
The moratorium is designed to halt the Planning Board progress on a site plan application to construct a 3,000 person performing arts venue on Cumberland Avenue in Downtown Portland. While we have not taken a position on the underlying site plan application, we are always against City Council actions that attempt to retroactively rewrite ordinances in an effort to kill specific development proposals.
Why This Matters to Portland's Business Community
Undermines the Integrity of ReCode—a Product of Years of Community Engagement: The Chamber strongly supported the City's comprehensive overhaul of its land use code, known as ReCode, which was adopted in November 2024 following a seven-year, community-driven process. The proposed moratorium calls into question the Council's commitment to the very policies and standards adopted just months ago, particularly around issues like parking and entertainment dispersal. ReCode deliberately eliminated parking minimums and retained long-standing distance buffers for entertainment venues after extensive study and public input. Reopening these settled issues undercuts Portland's ability to follow through on policy reforms.
Retroactivity Threatens Confidence in Portland's Development Process: Most alarming is the proposed retroactive application of the moratorium to projects that submitted applications in reliance on the new ReCode. Retroactivity introduces significant legal and financial uncertainty and signals to developers—whether they are building housing, offices, or entertainment venues—that Portland's rules may shift unpredictably. Such a message is not conducive to attracting the quality development and growth we need to sustain a healthy community.
Investment Deterrence Has Broader Impacts on Jobs and Tax Base: Changing rules mid-stream erodes investor trust and risks scaring off future projects that contribute to Portland's economy and property tax base. Commercial and residential developers alike require clarity and stability to justify major capital investments. Moratoria that are reactive and retroactive send the wrong message to employers and entrepreneurs considering Portland as a place to grow.
How You Can Be Heard
The Chamber urges the City Council to reject the proposed moratorium. Portland must remain a city where thoughtful planning efforts like ReCode are honored, not undermined. We believe that existing land use policies and site plan review processes provide the necessary tools to evaluate projects on their merits, including their impact on traffic, parking, and public safety.
Please help us send a clear signal that Portland is a city that welcomes growth, honors its own planning processes, and ensures predictability for those who seek to invest in our city. It is critical that the City Council hears from the public on this matter and your voice will make a difference.
Attend the Public Hearing: The public hearing is in-person only at Portland's City Hall on Monday, April 28th, at 5:00PM. When this item comes up on the agenda, any member of the public will be invited to provide up to three minutes of public comment. There is no need to register in advance, just show up at the hearing, provide your name, and give any remarks you wish to share with the City Council.
Email the City Council: If you cannot attend the public hearing, but still want to share thoughts with the City Council, we urge you to email councilors. You can email them by sending your thoughts to
publiccomment@portlandmaine.gov by noon on Monday, April 28th.
Please contact our Director of Advocacy at
edundon@portlandregion.com if you would like additional information on this matter.