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Sussex County, DE
 
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The purpose of this district is to provide for a wide variety of light manufacturing, fabricating, processing, wholesale distributing and warehousing uses appropriately located for access by major thoroughfares or railroads. Commercial uses and open storage of materials are permitted, but new residential development is excluded.
A. 
A building or land shall be used for the following purposes, consisting of general light industrial, warehousing and storage uses, including certain open or enclosed storage of products, materials and vehicles, and including the following uses and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences than the minimum amount normally resulting from other uses listed, such listed uses being generally wholesale establishments, service industries and light industries that manufacture, process, store and distribute goods and materials and are, in general, dependent on raw materials refined elsewhere, and manufacture, compounding, processing, packaging or treatment, as specified, of the following products or similar products:
Agricultural, business, commercial or office uses permitted in any business or commercial district
Agriculture or farm implements, manufacture, sale, storage or repair
Aircraft and aircraft parts
Aluminum extrusion, rolling, fabrication and forming
Animal hospital, or animal pounds
Animal, poultry and bird raising, commercial
Any use permitted in the LI-1 District
Automobiles, trucks, buses, truck trailers, motorcycles and bicycles, repair and assembly; transmission repair service
Bakery products, wholesale (manufacturing permitted)
Bedding (mattress, pillow and quilt)
Beverage blending and bottling (all types), but not distilling
Blacksmith shops, not including gas- and steam-fitting shops
Boat manufacture and repair (vessels less than five tons), boat sales, service, storage or rentals
Building materials (cement, lime in bags or containers, sand, gravel, stone, lumber, structural or reinforcing steel, pipe and the like), storage and sales, open or enclosed, but not manufacture or steel fabricating or junk storage
Button manufacture
Carbon paper and inked ribbon manufacture
Carpets, rugs and mats, including cleaning
Cigar and cigarette manufacture
Cleaning and dyeing of garments, hats and rugs
Coal and coke storage and sales
Commercial greenhouses, wholesale or retail, and nurseries for growing of plants, trees and shrubs, including a building for sale of products produced on the premises
Condensed and evaporated milk, processing and canning
Contractors' shops and storage yards or equipment rental
Cosmetics and toiletries, perfumes (compounding only)
Dairy operations and dairy products, ice cream and cheese
Dwellings for resident watchmen and caretakers employed on the premises
Electrical appliances or electronic apparatus, medical, optical or drafting equipment, toys, games and musical instruments manufacture or assembly
Exterminating establishments
Farms and farming
Fertilizer storage in bags or bulk storage of liquid or dry fertilizer in tanks or in a completely enclosed building, but not manufacture or processing
Fireplace logs
Fish, shrimp, crab, clam, oyster and other seafood processing, packing or storing, except fish curing or smoking
Food products manufacture, processing and packaging of such products as candy, chewing gum, cocoa products, coffee, tea and spices, macaroni and noodles
Foundry products manufacture (electrical only)
Fruit and vegetable processing (including canning, preserving, drying and freezing)
Furniture (wood, reed, rattan, metal and plastic)
Grain blending and packaging, but not milling
Heating, ventilating, cooling and refrigeration supplies and appliances
Ice manufacture, including dry ice
Industrial vocational training schools, including internal-combustion engines
Ink manufacturing (mixing only)
Insecticides, fungicides, disinfectants and related industrial and household chemical elements (blending only)
Kennels, boarding or otherwise
Knitting, weaving, printing, finishing of textiles and fibers into fabric goods or clothing, hats or hosiery
Laboratories, research or experimental, but not including combustion-engine testing
Laundries and linen service
Leather goods manufacture, but not including tanning operations
Livery stables and riding academies
Machinery manufacture and machine shops
Manufactured home and modular-home manufacturing
[Amended 10-12-2010 by Ord. No. 2152]
Meat products, packing and processing (not slaughtering)
Metal products manufacture, such products as bolts, nails, staples, needles, pins, metal containers, ornamental iron fabrication, silverware and plated wire
Oleomargarine (compounding and packing only)
Pharmaceutical products and drugs
Planning and millwork, lumberyard
Plating, electrolytic process
Plumbing supplies manufacture, sale or storage
Poultry packing and slaughtering (wholesale)
Printing, publishing and engraving, photographic processing or blueprinting
Pulp goods, pressed or molded (including paper mache products)
Radiator repair, cleaning and flushing
Radio or television broadcasting stations, studios, offices and towers
Railroad switching yards, primarily for railroad service in the district, team tracks and spur tracks
Research centers
Rubber and synthetic treated fabrics (excluding all rubber and synthetic processing)
Sheet metal products, ductwork and containers
Shipping containers (corrugated board, fiber or wire-bound)
Sign fabrication and painting shops
Soap, washing or cleaning, powder or soda (compounding only)
Telephone central offices, including outdoor storage and repair facilities
Telephone stations or booths, including drive-in or talking-from-car stations
Theaters, including open-air drive-in theaters
Tire retreading, recapping and vulcanizing shops
Tools, dies and hardware products and firearms
Trailer and truck body assembly
Truck and transfer terminals, freight
Vitreous enameled products
Warehouses, wholesale houses and distributors and wholesale markets
Welding or soldering shops
Wood products manufacture, including baskets, boxes, crates, barrels and veneer
Yarn, threads, cordage and industrial fibers
B. 
Where, in the judgment of the Commission, a use is not specifically referenced but is similar to those listed as permitted, it may be permitted by approval of the Commission.
Permitted accessory uses shall be as follows:
A. 
Storage of goods or materials used in or produced by permitted commercial and industrial uses or related activities, subject to applicable district regulations.
B. 
A single-family dwelling or single-family manufactured home accessory to a farm of 10 acres or more.
[Amended 3-25-1997 by Ord. No. 1131; 10-12-2010 by Ord. No. 2152]
C. 
A wind turbine which meets § 115-194.4 as a permitted use.
[Amended 9-13-2011 by Ord. No. 2213]
D. 
Temporary buildings, including manufactured home type structures, the use of which is incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction or upon expiration of a period of two years of the time of erection of the temporary building, whichever is sooner. If construction operations or the initial sale of lots remain actively underway, the Director may grant extensions to this time period.
[Added 10-8-2019 by Ord. No. 2683]
The following uses may be permitted as conditional uses when approved in accordance with the provisions of Article XXIV of this chapter:
A. 
Airports, heliports, helistops and landing fields or seaplane bases, provided that they shall comply with the recommendations of the Federal Aviation Administration.
B. 
Bus terminals.
C. 
Excavation or backfilling of borrow pits, extraction, processing and removal of sand, gravel or stone, stripping of topsoil (but not including stripping of sod) and other major excavations other than for construction of swimming pools and foundations for buildings and other than those approved in connection with a street, subdivision or planned residential development. See § 115-172B.
D. 
Public or governmental buildings and uses, including schools, parks, parkways, playgrounds and public boat landings.
E. 
Public utilities or public service uses, buildings, generating or treatment plants, pumping or regulator stations, substations and transmission lines utilizing multilegged structures, but not telephone central offices.
Special use exceptions may be permitted by the Board of Adjustment and in accordance with the provisions of Article XXVII of this chapter and may include:
A. 
Temporary and conditional permits for a period, not to exceed five years, such period to be determined by the Board, for the following uses:
[Amended 3-5-1991 by Ord. No. 750; 11-10-1992 by Ord. No. 863; 10-12-2010 by Ord. No. 2152; 10-22-2019 by Ord. No. 2684]
Archery ranges
Asphalt batching plants or concrete batching plants
Commercial dog kennels
Miniature golf courses or driving ranges
Outdoor display or promotional activities at shopping centers or elsewhere
Pony rings
Raising for sale of birds, bees, rabbits and other small animals, fish and other creatures
Riding academies, public stables or private stables
Rifle or pistol ranges, trap or skeet shooting
Sawmills for cutting timber grown on the premises
Temporary buildings for use as a sales or rental office for an approved real estate development or subdivision
Tents for special purposes for a period exceeding three days. The Director may, without requiring an application for a special use exception, grant approval for a tent for a special purpose (revival, reception, tent sale as an accessory to a business or commercial use, or other similar activities). If approved by the Director, a tent for special purposes may be utilized on a parcel no more than three times in a calendar year.
Use of a manufactured-home-type structure for any business, commercial or industrial use or residence for a caretaker or watchman when not approved administratively by the Director or his or her designee
B. 
Exceptions to parking and loading requirements as follows:
(1) 
Off-street parking areas, adjacent to or at a reasonable distance from the premises on which parking areas are required by the parking regulations of Article XXII, where practical difficulties, including the acquisition of property, or undue hardships are encountered in locating such parking areas on the premises and where the purpose of these regulations to relieve congestion in the streets would best be served by permitting such parking off the premises.
(2) 
Waiver or reduction of the parking and loading requirements in any district whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities.
(3) 
Waiver or reduction of loading space requirements where adequate community loading facilities are provided.
(4) 
Waiver or reduction of loading space requirements for uses which contain less than 10,000 square feet of floor area where construction of existing buildings, problems of access or size of lot make impractical the provision of required loading space.
C. 
Other special use exceptions as follows:
(1) 
Cemeteries for pets.
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(2), which listed frog or fish farms, was repealed 11-26-1991 by Ord. No. 806.
(3) 
The alteration, extension or replacement of a nonconforming manufactured home, subject to the provisions of § 115-196.
[Amended 10-12-2010 by Ord. No. 2152]
D. 
Structures of mixed use, commercial and residential, subject to the provisions of Articles IV through XX and § 115-219.
[Amended 10-3-1989 by Ord. No. 61912-2-2008 by Ord. No. 2008]
See Article XXI, § 15-159.5, for signs permitted in the LI-2 Light Industrial District and other regulations relating to signs.
A. 
Minimum lot size. Minimum lot size shall be as follows:
Use
Area
(square feet)
Width
(feet)
Depth
(feet)
All uses
43,560 (1 acre)
150
200
B. 
Minimum yard requirements. Minimum yard requirements shall be as follows:
Use
Depth of Front Yard
(feet)
Width of Side Yard
(feet)
Depth of Rear Yard
(feet)
All uses
50
20
20*
*NOTE: See also the table of district regulations at the end of this chapter.
C. 
Maximum height requirements. Maximum height requirements shall be as follows:
[Amended 10-31-1995 by Ord. No. 1062]
Use
Feet
All uses
52
The regulations contained in this Article are supplemented or modified by regulations contained in other Articles of this chapter, especially the following:
Article I, § 115-4, Definitions and word usage
Article XXI, Signs
Article XXII, Off-Street Parking
Article XXIII, Off-Street Loading
Article XXIV, Conditional Uses
Article XXV, Supplementary Regulations
Article XXVII, Board of Adjustment