Portland Land Use Code

Citation: Portland Land Use Code
Parent Document: Portland Land Use Code
Jurisdiction: Portland (municipal)
Original Source: https://www.portlandmaine.gov/asset/a5dcd1dc-4117-40b3-b3da-74a56919e14b ↗

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residence or business for the purpose of storing D. Rare tree specimen to include either a tree
items, and subsequently picked up and stored at an species classified as rare or endangered at
off-site location until scheduled for retrieval. either the state or federal level, and/or stands
of native trees that are rare or threatened as
Tenant. Any occupant in lawful possession of a identified by the City Arborist.
rental unit, whether by lease, sublease, or otherwise.
Tree, hazard. A tree with a structural defect,
Theater or performance hall. Any establishment combination of defects, or disease resulting in a
devoted to showing motion pictures, or for structural defect that under the normal range of
dramatic, musical, or live performances. environmental conditions at the site exhibits a high
probability of failure and loss of a major structural
Tidal waters. All waters affected by tidal action component of the tree in a manner that will strike a
during the highest annual tide. target. A normal range of environmental conditions
does not include meteorological anomalies, such as,
Transient guest. A person who occupies a facility but not limited to: hurricanes; hurricane-force
offering accommodations on an overnight basis for winds; tornados; microbursts; or significant ice
compensation and whose actual occupancy is storm events. Hazard trees also include those trees
limited to no more than 15 days out of any 60‑day that pose a serious and imminent risk to bank
period. stability. A target is the area where personal injury
or property damage could occur if the tree or a
Tree. A woody perennial plant with a well-defined portion of the tree fails. Targets include roads,
trunk(s) at least two inches in diameter at four and driveways, parking areas, structures, campsites, and
one half feet above the ground, with a more or less any other developed area where people frequently
definite crown, and reaching a height of at least 10 gather and linger.
feet at maturity.
Tree, feature mature. A tree that meets at least Tree, ornamental. Any tree, shrub, or other plant
one of the following criteria: grown primarily for decorative purposes and whose
A. Any tree that is on the Register of Big Trees mature height can be expected to be between three
promulgated by the Maine Department of feet and 25 feet.
Agriculture, Conservation & Forestry (the “Big
Tree List”) Tree, shade. Any tree, evergreen or deciduous,
B. Certain trees 24” in diameter or greater planted primarily for its high crown of foliage and
(diameter at breast height or DBH) as identified whose mature height can be expected to exceed 25
by the City Arborist feet.
C. Ornamental trees 12” in diameter or greater
(diameter at breast height or DBH) as identified Tree, storm-damaged. A tree that has been
by the City Arborist uprooted, blown down, is lying on the ground, or 3-24 | CITY OF PORTLAND LAND USE CODE DEFINITIONS

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