Eliot City Zoning Code
ARTICLE VI
DISTRICT REGULATIONS
DIVISION 2. - RESERVED[6]
Editor's note— A Town Meeting held on Dec. 15, 1993, repealed §§ 45-251—45-255 in their entirety. Formerly, §§ 45-251—45-255 pertained to shoreland protection overlay district regulations and derived from Town Meeting of Nov. 2, 1982; Town Meeting of June 26, 1985; Town Meeting of Nov. 23, 1985; Town Meeting of Nov. 4, 1986; Town Meeting of April 21, 1987; Town Meeting of Mar. 19, 1988; §§ 202.1, 205.1, 207 and 336 of the Town Meeting held on Dec. 20, 1989; and Amend. of Mar. 25, 1995.
DIVISION 3. - OTHER DISTRICTS REGULATIONS[7]
Cross reference— Site plan review requirements for motels, § 33-182; site review regulations regarding multifamily dwellings, § 33-183; dimensional standards for all districts, § 45-405.
Sec. 45-221. - Establishment of districts.
To implement the purposes of this chapter, the town is hereby divided into the following districts:
(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 201); T.M. of 12-15-93)
Sec. 45-222. - Location of districts.
Districts are located and bound as shown on the official zoning map entitled "Zoning Map of Eliot, Maine," which is on file in the office of the town clerk. Mobile home park districts are identified in section 41-276 et seq.
(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 202))
Sec. 45-223. - Official zoning map.
The official zoning map, as revised to include shoreland zoning districts, shall be signed by the town clerk and chairperson of the planning board at the time of adoption of the ordinance from which this chapter is derived certifying the date of such adoption.
(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 202))
Sec. 45-224. - Interpretation of boundaries.
The planning board shall determine the exact location of boundaries where uncertainty exists with respect to the boundaries of the various districts shown on the zoning map.
(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 203))
Sec. 45-225. - Division of lots by district boundaries.
(a)
Where a zoning district boundary line divides a lot between two residential districts, the requirements applicable to the more restrictive district shall apply to the lot.
(b)
Where a zoning district boundary line divides a lot between a residential and commercial/industrial district, the requirements for the commercial/industrial district may extend not more than 50 feet in depth into the residential district. The extension shall be considered a conditional use, subject to planning board approval in accordance with standards for conditional use or site review, where appropriate.
(c)
Where a shoreland district shares a boundary with any other district, the requirements for either district shall extend to the common boundary and shall not overlap on either side.
(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 204))
Sec. 45-286. - Rural district.
The purpose of the rural district is to:
(1)
Provide low density rural housing.
(2)
Protect, from suburban development pressures, agricultural and forest land capable of economic production, so as to safeguard this sector of the town's economic base and to avoid the irretrievable loss of land well-suited for food and fiber production; and to help maintain the essentially rural and open character of the district.
(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 205.2))
Sec. 45-287. - Suburban district.
The purpose of the suburban district is to:
(1)
Preserve the harmonious mixture of built-up and rural atmospheres existing within the suburban area.
(2)
Encourage growth that can best be served by existing highways and new subdivision streets with ready access to municipal services.
(3)
Provide space for both local and transient retail sales, commercial service, and office uses, which are needed or may be desirable and are in keeping with the scale and character of the neighborhood or area, while minimizing the traffic problems and interruptions created by such development.
(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 205.3))
Sec. 45-288. - Village district.
The purpose of the village district is to:
(1)
Preserve the physical, aesthetic and social quality of the town's village area.
(2)
Provide for the location of residential uses close to the services provided by the town.
(3)
Provide space for small, local retail sales, commercial services, and office uses which are needed or may be desirable and are in keeping with the scale and character of the neighborhood, while minimizing the problems and interruption created by such development.
(4)
Act as the town's designated growth area pursuant to M.R.S.A. 30-A § 4326(3-A).
(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 205.4); T.M. of 11-7-2023(2), art. 15)
Sec. 45-289. - Commercial and industrial district.
The purpose of the commercial and industrial district is to:
(1)
Provide for the public health and safety, environmental quality, and economic well-being of the community.
(2)
Encourage the location of commercial and industrial uses on those lands within the community where such uses are suitable and desirable.
(3)
Provide effective controls on those uses which, by virtue of their size or external effects (waste discharge, noise, glare, fumes, smoke, dust, odors, or auto, truck or rail traffic) could otherwise create nuisances or unsafe conditions.
(4)
Avoid the blight, congestion and inconvenience caused by inappropriate and poorly located development of commercial and industrial facilities.
(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 205.5))
Sec. 45-290. - Table of permitted and prohibited uses.
The following table of land uses designates permitted uses by a yes and prohibited uses by a no. Any use not listed is a prohibited use. The letters CEO, SPR, and SD are explained in section 45-402.
Table of Land Uses
*Marijuana establishment and medical marijuana establishment are defined in section 11-3 of this Code.
Notes:
1.
Buildings housing animals shall be no less than 100 feet from property lines.
2.
Each bulk oil fuel tank shall not exceed 50,000 gallons in size and use shall be limited to local use only.
3.
Only as an accessory to an allowed principal use on the lot. Must conform to the requirements of 45-422, Waste containers.
4.
Individual stores shall not have more than 2,500 square feet of gross floor area, except stores located on Route 236 may have up to 5,000 square feet. Customer sales areas shall be confined to one floor.
5.
Must conform to the requirements of section 45-423.
6.
See section 45-192(b) for an exception on accessory uses and structures.
7.
See division 2 of article V of chapter 41 of this Code for specific areas where mobile home parks are allowed.
8.
Must conform to the requirements of section 45-455, home-based businesses. Water-dependent home-based businesses are limited to properties with shore frontage on coastal or tidal waters, or (for outdoor winter storage of boats) also properties abutting those properties where sufficient rights and means of access to the water for the stored boats exists across the shoreline property that they abut.
9.
Use is prohibited unless property abuts Route 236. If property abuts Route 236, use is "SPR" and must be visually screened from abutting (same street side) non-commercial properties.
10.
Use is prohibited unless property abuts Route 236. If property abuts Route 236, use is "SPR" and must be visually screened from abutting (same street side) non-commercial properties.
11.
Use is prohibited unless property abuts Route 236. If property abuts Route 236, use is "CEO" and must be visually screened from abutting (same street side) non-commercial properties.
12.
Use is "SPR 1 & 8" unless property abuts Route 236. If property abuts Route 236, use is "SPR 1" and must be visually screened from abutting (same street side) non-commercial properties.
13.
Use is "SPR 8" unless property abuts Route 236. If property abuts Route 236, use is "yes" and must be visually screened from abutting (same street side) non-commercial properties.
14.
Use is "SPR 8" unless property abuts Route 236. If property abuts Route 236, use is "SPR" and must be visually screened from abutting (same street side) non-commercial properties.
15.
Use is prohibited unless property abuts Route 236. If property abuts Route 236, use is "SPR" and must be visually screened from abutting (same street side) non-commercial properties in accordance with Sec. 33-175(a). Overnight boarding and outdoor kenneling of animals is prohibited in the rural and suburban zoning districts.
16.
Use is prohibited unless property abuts Route 236. If property abuts Route 236, use is "SPR" and must be visually screened from abutting (same street side) noncommercial properties.
17.
Use is "SPR 8" unless property abuts Route 236. If property abuts Route 236, use is "CEO" and must be visually screened from abutting (same street side) noncommercial properties.
18.
Use is "SPR 8" unless property abuts Route 236. If property abuts Route 236, use is "SPR 4" and must be visually screened from abutting (same street side) noncommercial properties.
19.
See chapter 12 for additional regulations pertaining to the sale and use of fireworks.
20.
Must conform to the requirements of section 33-190. Marijuana establishments and medical marijuana establishments may only be authorized as principal uses, and not as accessory uses.
21.
Must conform to the requirements of section 45-462.
22.
May be permitted as a principal residential unit or as an accessory dwelling unit. All tiny homes on wheels shall conform to the requirements of section 45-137. Accessory dwelling unit tiny homes shall also conform to the requirements of section 45-459. For tiny homes in the C/I zoning district, reference footnote 6.
23.
Must be served by a public, special district, or other centrally managed water system and a public, special district, or other comparable sewer system.
24.
Use is prohibited unless property abuts Route 236. If property abuts Route 236, use is "SPR" and must be visually screened from abutting (same street side) noncommercial properties.
25.
Use is prohibited unless property abuts Route 236 and meets street frontage requirements in section 45-405. If property abuts Route 236 and meets street frontage requirements in section 45-405, use is "SPR" and must be visually screened from abutting (same street side) noncommercial properties.
(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 207); T.M. of 12-15-93; Amend. of 3-25-95; T.M. of 3-27-99(1), § 5; Ord. of 3-25-00(1); T.M. of 3-16-02, (art. 3), (art. 4); T.M. of 6-19-01, (art. 6), (art. 7); T.M. of 11-5-02; T.M. of 11-4-03; T.M. of 11-4-03; T.M. of 3-20-04; T.M. of 6-14-08; T.M. of 6-12-2010(3); T.M. of 6-18-2011(6); T.M. of 11-8-2011(1); T.M. of 6-16-2012(1); T.M. of 6-16-2012(2); T.M. of 11-5-2019(5); T.M. of 7-14-2020(5); T.M. of 6-8-2021(2), art. 33; T.M. of 6-8-2021(4), art. 31; T.M. of 11-2-2021(4), art. 5; T.M. of 6-14-2022(2), art. 25; T.M. of 6-13-2023(1), art. 31; T.M. of 6-13-2023(3), art. 30; T.M. of 6-13-2023(4), art. 28; T.M. of 11-7-2023(1), art. 14; T.M. of 11-7-2023(2), art. 15; T.M. of 11-7-2023(4), art. 13; Elec. of 6-10-2025)
Cross reference— Review procedures and standards for site review requirements in the zoning table of uses, § 33-56 et seq.