Exciting enhancements are coming soon to eCode360! Learn more 🡪
Sussex County, DE
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
The purpose of this district is to provide sufficient space in appropriate locations for certain types of business and manufacturing, relatively free from offense, in modern landscaped buildings, to make available more attractive locations for these businesses and industries and to provide opportunities for employment closer to places of residence with corresponding reduction of travel time from home to work. Certain commercial uses are permitted, primarily for service to employees in the district. Typical development in the district would be that which is commonly known as an "industrial park." Accessory signs of limited area and application are permitted.
The uses permitted in this district shall be subject to the following special conditions:
A. 
All uses shall be conducted within a completely enclosed building with no open storage of raw, in-process or finished material. Supplies or waste may be stored in the open if screened from the street by landscaping, fences or walks.
B. 
Notwithstanding the yard regulations for the district, no part of any building, accessory structure or sign shall be located closer than 100 feet to any residential district boundary.
C. 
All main plant buildings shall be of concrete, structural steel or masonry construction and limited to 35 feet in height unless otherwise approved by the Board of Adjustment under Article XXVII.
D. 
Adequate parking and loading space shall be provided off the street for all employees and traffic to the building, if necessary in excess of the minimum requirements of Articles XXII and XXIII.
E. 
Loading operations shall be conducted at the side or rear of buildings. Service drives or other access shall be provided for off-street loading and in such a way that, in the process of loading or unloading, no truck will block the passage of other vehicles on the service drive or extend into any other public or private drive or street used for traffic circulation.
F. 
No parking or storage of material or products shall be permitted in the required front yard.
G. 
The front yard shall be landscaped with trees, grass, shrubs or pedestrian walks and maintained in a neat and attractive condition.
H. 
All fencing shall have a uniform and durable character and shall be properly maintained.
A building or land shall be used for the following purposes:
A. 
Generally, those light manufacturing uses similar to those listed below which do not create any more danger to health and safety in surrounding areas and which do not create any more offensive noise, vibration, smoke, dust, lint, odor, heat or glare than that which is generally associated with light industries of the types specifically permitted below:
(1) 
Manufacture or assembly of medical and dental equipment, drafting, optical and musical instruments, watches, clocks, toys, games and electrical or electronic apparatus.
(2) 
Manufacture or assembly of boats, bolts, nuts, screws and rivets, ornamental iron products, firearms, electrical appliances, tools, dies, machinery and hardwood products, sheet metal products and vitreous enamelized metal products.
(3) 
Beverage blending or bottling, bakery products, candy manufacture, dairy products and ice cream, fruit and vegetable processing and canning, packing and processing of fish, meat and poultry products, but not distilling of beverages or slaughtering of poultry or animals, or processing or bulk storage of grain or feeds for animals or poultry.
(4) 
Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics, printing and finishing of textiles and fibers into fabric goods.
(5) 
Manufacture of boxes, furniture cabinets, baskets and other wood products of similar nature.
(6) 
Compounding of cosmetics, toiletries, drugs and pharmaceutical products.
B. 
Auditoriums or lecture halls and recreation facilities primarily for employees in the district.
C. 
Banks, drive-in or otherwise.
D. 
Dwellings for resident watchmen and caretakers employed on the premises.
E. 
Farms and farming, nurseries and greenhouses.
F. 
Filling stations, if located in a district of 50 acres or more and limited in land area to one acre, and not including truck or trailer storage or mechanical servicing of trucks or trailers.
G. 
Hotels, motels or motor lodges, if located in a district of 50 acres or more.
H. 
Laboratories, research, experimental or testing, but not testing combustion engines or explosives.
I. 
Offices and office buildings.
J. 
Motion-picture studios.
K. 
Nurseries for growing or propagation of plants, trees and shrubs.
L. 
Photographic processing or blueprinting.
M. 
Printing and publishing.
N. 
Private clubs.
O. 
Railroad spur tracks.
P. 
Restaurants.
Q. 
Wholesale merchandising or storage warehouses, provided that such uses are not objectionable by reason of odor, dust, noise or similar factors.
R. 
Telephone central offices, provided that all storage of materials, all repair facilities and all housing of repair crews are within a completely enclosed area.
S. 
Telephone stations or booths, including drive-in or talking-from-car stations.
T. 
Use of a manufactured-home-type structure for any business, commercial or industrial use that is administratively approved by the Director or his or her designee, and subject to the requirements set forth in Article IV, § 115-20A(16).
[Added 10-22-2019 by Ord. No. 2684]
Permitted accessory uses are 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 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 or 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, extractions, 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 utilities or public service uses, buildings, generating or treatment plants, pumping stations or regulator stations, substations and transmission lines utilizing multilegged structures.
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; 10-12-1999 by Ord. No. 1346; 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
Raising for sale of birds, bees, rabbits and other small animals, fish and other creatures
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 as a single-family dwelling in any district to meet an emergency or hardship situation, such permit not to exceed two years. The Director may, without requiring an application for a special use exception, grant an extension for an emergency or hardship situation previously approved by the County Board of Adjustment upon receipt of an affidavit from a doctor stating that the emergency or hardship situation still exists. Such extension may be granted annually as long as the emergency or hardship still exists.
Use of a manufactured-home-type structure for any business, commercial or industrial use 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) 
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.
(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 LI-1 Limited Industrial District and other regulations relating to signs.
A. 
Height, area and bulk requirements are as follows:
(1) 
Minimum lot size. Minimum lot size shall be as follows:
Use
Area
(square feet)
Width
(feet)
Depth
(feet)
All uses
43,560
150
200
(2) 
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
(3) 
Maximum height requirements. Maximum height requirements shall be as follows:
[Amended 10-31-1995 by Ord. No. 1062]
Use
Feet
All uses
42
B. 
See special conditions of § 115-93A through H.
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