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Sussex County, DE
 
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The purpose of this district is to provide for a variety of industrial operations but to restrict or prohibit those industries which have characteristics likely to produce serious adverse effects within or beyond the limits of the district. Certain potentially hazardous industries are permitted only after public hearings and review to assure protection of the public interest and surrounding property and persons. It is the intention of the district to preserve the land in the district for industrial use and to exclude new residential or commercial development, except for certain specified uses deemed appropriate adjuncts to industrial operations.
A building or land shall be used only for the following purposes:
A. 
General enumeration.
Any use permitted in the LI-2 District
Banks, drive-in or otherwise
Clinics
Data-processing centers
Dwellings for resident watchmen and caretakers employed on the premises
Farms and farming
General business offices
Heliports or helistops
Hotels, motels or motor lodges
Laboratories, research, experimental or testing
Nurseries and greenhouses
Parking garages
Private clubs
Professional offices
Restaurants, drive-in or otherwise
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.
C. 
The following uses and any similar industrial uses which are not likely to create any more offensive noise, vibrations, dust, heat, smoke, odor, glares or other objectionable influences than the minimum amount normally resulting from other uses permitted and involving the manufacture, compounding, processing, packaging or treatment of the following products or similar products. Where any doubt exists as to the nature of a proposed use, product or process, the proposal shall be considered as a potentially hazardous use and referred to the Board of Adjustment for decision after a public hearing.
Abrasive wheels, stones, paper, cloth and related products
Adhesives, but not glue or size manufacture
Asbestos products
Boat manufacture (over five tons or over 60 feet)
Brick, firebrick and clay products (except coal-fired)
Candles
Concrete products or central mixing and proportioning plants
Docks, wharves and piers, marine warehouses, freight-storage sheds and freight-handling equipment
Dredging bases, marine construction yards and marine
Engine testing (internal-combustion engines), but not jet engines or rockets
Flour, feed and grain packaging, blending and storage
Galvanizing or plating (hot dip)
Glass and glass products
Ink manufacture from primary raw materials (including colors and pigments)
Monuments and architectural stone
Oils, shortenings and fats (edible), processing and storage
Paper and paperboard (from paper machine only), but not pulp mills
Petroleum storage
Pickles, vegetable relishes and sauces
Pottery and porcelain products (other than coal-fired)
Sawmills (including cooperage stock mills)
Shipyards, drydocks and marine railways
Soap products, but not soap manufacture
Stone products, but not crushing or grinding
Structural iron and steel fabrication
Wallboard and plaster, building, insulation and composition flooring
Wire rope and cable
The following uses or the manufacture, compounding, processing, packaging or treatment of products not specifically listed above or below but which may, in the opinion of the Director, have accompanying hazards, such as fire, explosion, noise, vibration, dust or the emission of smoke, odor, toxic gases or other pollutants may, if not in conflict with any state or county law or ordinance, be located in the HI-1 District only after the location and nature of such use shall have been approved by the Board of Adjustment after public hearing as provided in Article XXVII. The Board shall review the plans and statements and shall not permit such buildings, structures or uses until it has been shown that the public health, safety, morals and general welfare will be properly protected and that necessary safeguards will be provided for the protection of water areas or surrounding property and persons. The Board, in reviewing the plans and statements, shall consult with other agencies created for the promotion of public health and safety and shall pay particular attention to protection of the county and its waterways from the harmful effects of air or water pollution of any type.
Asphalt products or central asphalt mixing or batching
Atomic reactors
Automobile wrecking yards
Bleaching products
Cement, lime, gypsum or plaster of paris
Cider and vinegar
Cleaning and polishing preparation, dressings and blackings processing
Cotton ginning
Cottonseed oil, refining
Cotton wadding and linter
Distillery (alcoholic), breweries and alcoholic spirits (nonindustrial)
Dyestuff
Excelsior, fiber
Fertilizer manufacture
Film, photographic
Fish curing or smoking, fish oils and meal
Flour, feed and grain milling
Forge plant, pneumatic drop and forging hammering
Foundries
Glue, gelatin (animal) or glue and size (vegetable)
Hair, hides and raw fur, curing, tanning, dressing, dyeing and storage
Incinerators, industrial or public
Insecticides, fungicides, disinfectants or related industrial or household chemical compounds
Junkyards, open or enclosed storage of junk
Jute, hemp and sisal products
Linoleum and other hard-surface floor coverings (except wood)
Match manufacture
Meat, fish or seafood products, including slaughtering of animals or poultry or preparation of fish or seafood for packing
Minerals and earths, including sand and gravel, quarrying, extracting, grinding, crushing and processing
Molasses
Paint, oil, shellac, turpentine or varnish
Petroleum, gasoline and lubricating oil, wholesale storage or by-products processing, but not refining
Plastic material and synthetic resins, processing only
Power, light or steam plant, central generating station
Radioactive waste handling
Refractories (other than coal-fired)
Rendering and storage of dead animals, offal, garbage and waste products
Rubber products (natural or synthetic, including tires, tubes or similar products), gutta-percha, chickle and balta processing, but not rubber manufacture
Shell grinding or dredging
Slaughtering of animals
Soaps or detergents, including fat rendering
Solvent packaging or processing, but not refining
Starch manufacture
Stockyards
Sugar refining
Textile bleaching
Wood preserving treatment, but not creosote manufacture
Wool pulling or scouring
Permitted accessory uses shall be as follows:
A. 
Storage of goods used in or produced by permitted commercial and industrial uses or related activities, subject to applicable district regulations.
B. 
A single-family dwelling of 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 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
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
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 provisions 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. 619; 12-2-2008 by Ord. No. 2008
See Article XXI, § 115-159.5, for signs permitted in the HI-1 Heavy Industrial District and other regulations relating to signs.
A. 
Minimum lot size. Minimum lot size shall be as follows:
Use
Area
(acres)
Width
(feet)
Depth
(feet)
All uses
2
200
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:
Use
Feet
Stories
All uses
125*
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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