Editor's note— Ord. No. 19-26, Amend. No. 2, adopted Oct. 14, 2019, repealed § 32-20, which pertained to uses permitted in the ML districts (limited manufacturing) and derived from Ord. No. 70-31, Art. VII, § 1, adopted July 21, 1970; Ord. No. 72-10, adopted Feb. 14, 1972; Ord. No. 74-7, adopted Feb. 25, 1974; Ord. No. 76-1, Amend. No. 2, adopted Jan. 26, 1976; Ord. No. 77-62; Amend. No. 5, adopted Nov. 28, 1977; Ord. No. 78-33, Amend. No. 13, adopted Sept. 11, 1978; Ord. No. 80-12, Amend. No. 1, adopted Feb. 11, 1980; Ord. No. 81-48, Amend. No. 1, adopted Dec. 14, 1981; Ord. No. 15-18, Amend. No. 14, adopted Sept. 14, 2015.

(a)

In an MI district, no building or premises shall be used, and no building shall be erected which is arranged, intended, or designed to be used, except for one or more of the following uses:

(1)

Any process involving cleaning, distribution, manufacture, storage, processing, production, maintenance, fabrication, supplying, warehousing, or testing except for:

a.

Manufacture of corrosive acids, gelatin, paint, oils, fertilizer, linoleum, cork products, alcohol, bleaching compounds or soap; tanning or curing of hides, crude oil refining; rubber treatment or manufacture; ore smelting; blast furnace, garbage or offal reduction or dumping; asphalt manufacture or refining; abattoir; junk storage, automobile wrecking, animal rendering, marijuana product manufacturing facilities, and marijuana cultivation facilities.

(2)

Oil storage for wholesale purposes, including pipelines for the transportation of oil and refined products accessory to such storage, provided that no storage above the ground in quantity exceeding 10,000 gallons shall be within 50 feet of any lot line, and that in case of storage above the ground in quantity exceeding 100,000 gallons, all containers shall be surrounded by adequate moats in accordance with oil industry standards of practice and conforming to underwriters' regulations.

(3)

Railroads and railroad classification, freight or storage yard, and all appurtenances thereto.

(4)

All uses permitted within this section including expansion of existing uses shall be subject to the performance standards stated below:

a.

All uses permitted within this section shall comply with the limitations and requirements set forth by the following performance standards, including expansion of existing industrial uses:

i.

Vibration. Any industrial operation or activity which shall cause, at any time and at any point along the nearest adjacent lot line, earthborne vibrations in excess of the limits set forth in Column 1, Table No. 1, is prohibited. In addition, any industrial operation or activity which shall cause, at any time and at any point along the MI district boundary line, earthborne vibrations in excess of the limits set forth in Column 2 is prohibited. Vibrations shall be expressed as displacement in inches and shall be measured with approved equipment specified by American Standard Association, Inc., N.Y., "Method for Specifying the Characteristics of Auxiliary Equipment for Shock and Vibration Measurements" S2.4-1960.

TABLE NO. 1

b.

Outdoor storage of vehicles (excluding employee and visitor vehicles) and motorized equipment is permitted only on paved or otherwise impervious surfaces and if on-site stormwater management includes best management practices (BMPs) to remove or otherwise filter total suspended solids, oily contaminants, and debris collected from the paved drainage area(s).

(5)

Public transportation facilities, including bus or transit stops for the loading and unloading of passengers; stations and depots; repair garages and storage areas for buses or related public transportation vehicles.

(6)

Subsidiary retail sales, subject to the following requirements:

a.

This is permitted only in conjunction with and on the same premises with those land uses permitted in Section 32-20(a)(2) of this article.

b.

The floor area to be utilized for subsidiary retail sales shall not exceed 15% of the gross floor area of the industrial or warehousing land use of which the subsidiary retail sales function is subordinate.

c.

The subsidiary retail sales function shall be regulated by the off street parking requirements for retail sales in Article XIV, Section 32-45(a) of this chapter.

(7)

Warehouse sales subject to the following requirements:

a.

Not more than one sale shall be held every six months lasting not more than 72 hours.

b.

The directors of building and planning must approve all warehouse sales.

(8)

Accessory buildings or structures, no impact, and accessory uses, no impact, including the repair, installation, and servicing of any commodity distributed, manufactured, processed, produced, or warehoused in this district. such repair, installation, and servicing must be provided totally within enclosed buildings; outdoor parking and storage of vehicles, products, or other related items in a state of disrepair shall not be permitted.

(9)

Towing service with temporary storage.

a.

Automobiles stored on the towing services property shall only be located in the building or outside on a screened lot.

b.

Automobiles shall reside on the towing services property for no more than 90 days after the start of the automobile's occupancy of the premises.

(10)

Parking, off-street.

(11)

Utility distribution and transmission lines, substation, electric, gas, and telephone central office.

(12)

Automobile/motor vehicle repair, subject to the following requirements:

a.

Automobiles stored on the property shall only be located in the building or outside on a screened lot.

b.

Minimum distance between any such facility measured along a straight line from the nearest property line of the building site of the facility to the nearest property line of any residence district shall be 300 feet.

c.

Minimum distance between gasoline pump islands, compressed air connections, and similar equipment and facilities and any street lines shall be 20 feet.

d.

Hydraulic hoists, pits, and all lubrication, greasing, washing, and repair equipment shall be entirely enclosed within buildings.

e.

Exterior lighting shall be shielded so that it is deflected away from adjacent properties and from passing motorists.

f.

Wrecked or junked or stripped vehicles or vehicles in an inoperative condition shall not be permitted on the premises for a period of more than two weeks and must be stored on a paved surface.

(13)

Marijuana testing facilities.

(b)

The following uses require special use permits as provided in Article XX, Section 32-78, of this chapter:

(1)

Tower, broadcasting and telecommunications, located outside the public rights-of-way, subject to the following special requirements under Section 32.56.7(2) of this chapter:

a.

Timing of approval for applications. The city shall comply with all federal timing requirements for the consideration of applications for new towers, as well as collocated antennas that fall under the Spectrum Act and/or the October 2014 Report and Order promulgated by the FCC. Tower applications shall be accompanied by a professional engineer's report containing the following:

1.

A technical evaluation of the utilization of existing towers for telecommunications or other equipment intended for the installation on the proposed tower, as well as a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the applicant, the power in watts at which the applicant transmits, and any relevant related tests conducted by the applicant in determining the need for the proposed site and installation.

2.

A technical evaluation of the feasibility of attaching the tower or antenna to an existing, or previously approved, structure or wireless support structure, or sited on land owned and maintained by the City of Newark. A list of approved, municipally-owned buildings and parcels appropriate for wireless facilities placement is kept on file at the city planning and development office. Council may deny an application to construct a new tower if the applicant has not made a good faith effort to mount an antenna on an existing structure. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter of a mile radius of the site proposed for the tower, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

i.

The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

ii.

The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.

iii.

Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

iv.

A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

3.

Certification that the proposed tower will fill a significant gap in wireless coverage or capacity that exists in the applicable area and that the type of wireless facility being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or non-existence of a gap in wireless coverage shall be a factor in the city's decision on an application for approval of a telecommunications tower.

4.

Written certification of compliance with Federal Communications Commission Safety Standards for exposure to nonionizing electromagnetic radiation.

5.

Copies of all applicable state and federal permits.

6.

An engineering analysis of the proposed tower, including a summary of the proposed tower's capacity to provide space for future co-location by others.

b.

Any principal part of the tower, excluding guy cables, shall be set back from the nearest property line of a church, library, school, nursing home, hospital, or lot zoned residential (RH, RT, RS, RD, RM, RR, and AC) not less than three times the height of the tower or 350 feet, whichever is greater. The setback shall be measured from the nearest point of the base of the tower to the nearest point of the property line of the protected use. If the applicant uses self-collapsing technology in its tower design, the setback from the nearest property line shall be one and a half times the height of the tower or 150 feet, which is greater.

c.

No artificial light shall be installed upon any such tower unless required by the Federal Aviation Administration. If such light is required, it shall be screened so as not to project its light below the horizontal plane in which it is located.

d.

Towers shall not exceed 175 feet in height unless a variance is successfully obtained by the applicant. Towers over 200 feet in height shall be guyed and not self-supporting nor consisting of lattice type structures, unless the applicant demonstrates that a guyed tower shall have a greater negative visual impact than a self-supporting tower.

e.

To the extent permitted by applicable federal law and FCC regulations, towers located on existing buildings or structures shall not extend beyond 22 feet above the highest point of the building or structure. Accessory buildings or facilities for towers located on existing buildings or structures shall be located either in or on top of such buildings or structures.

f.

The applicant shall submit a soil report to the city complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document and verify the design specifications of the foundation of the tower, and anchors for guy wires, if used.

Landscaping shall be provided around the base of the tower and adjacent to a required security fence that shall be at least ten feet high. The landscaping shall consist of a minimum 25-foot wide planting strip with ground cover and/or grass, including at least one row of six foot high evergreen trees providing a solid screen adjacent or proximate to the fence, and 15 foot high, two inch caliper deciduous trees, interspersed within the buffer area and no more than 20 feet apart. Applicants may substitute alternative landscape plans that meet the purposes of this subsection to limit the visual impact of the lower portion of the tower and adjoining accessory facilities. Camouflaged towers designed to look like trees may be exempt from this subsection, subject to council approval. Towers located on top of buildings three stories or more in height and telecommunication antennas located on existing buildings shall be exempt from this subsection, except that a six-foot high solid evergreen screen shall be required between any telecommunications antenna or tower accessory building and adjoining properties. A ten-foot high security fence and an adjoining six-foot high solid evergreen screen adjacent or proximate to the fence shall be provided around the anchoring facilities for guy wires for guyed towers.

g.

No outdoor storage shall be permitted at the tower site.

h.

Unless otherwise required by the Federal Communications Commission or the Federal Aviation Administration, towers shall be light gray in color. Camouflaged towers designed to look like trees or employing other alternative methods of stealth technology may be exempt from this subsection, subject to council approval. Telecommunication antennas with colors designed to match buildings or structures to which they are attached shall be exempt from this subsection. Towers shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.

Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering design and construction principles, practices and techniques.

i.

A tower shall be located so as not to encroach into any established public or private airport approach as established by the Federal Aviation Administration.

j.

Towers higher than 100 feet must be a minimum of 2,000 feet from the nearest similar tower, measured from the base of the towers.

k.

New telecommunications facilities may be attached to an approved tower without applying for an additional special use permit so long as the new facility does not substantially change the dimensions of the wireless support structure, or trigger any other exemption outlined by federal or state regulation. Antennas being sited on structures that do not already act as wireless support structures may be approved administratively, so long as they do not exceed ten feet in height and are constructed with a stealth design approved by council. To the extent permitted by state and federal law, as built drawings must be submitted to staff in advance of receiving such administrative approval, in order to determine whether the applicants proposed facility is eligible for administrative approval.

l.

No interference with existing television, cable television, radio signals, emergency communications services, or other electronic devices shall be permitted from the tower. If interference occurs, it shall be immediately remedied by the operators of the tower.

m.

If a tower is abandoned, unused for two years, or no longer operable, it shall be removed within six months of its abandonment. If a tower is not dismantled as specified in this subsection, the city shall arrange to have the facility dismantled and will assess the landowner all costs associated with the removal of the tower. If the full amount due the city is not paid by the owner, or person in control of the property, or his or her agent, within 90 days of receipt of a bill from the city, the city finance director shall cause a special assessment to be recorded in the municipal lien docket. The recordation of such special assessment shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest until final payment has been made.

n.

That the owner of such tower shall provide proof to the city that the tower has undergone a triennial inspection for structural integrity. Said inspection is to be performed by a certified engineer, or other qualified professional, at the expense of the owner of the tower. If structural deterioration is found to be present, and such deterioration affects the physical stability or aesthetic integrity of the tower, the owner shall be required to correct such deterioration within a time limit to be established by the building department.

In addition, the operator of such tower shall provide annual proof to the city that the tower has undergone field measurements to ensure compliance with all applicable Federal Communication Commission safety standards for exposure to nonionizing electromagnetic radiation. Such field measurements, and submission of the results to the city, shall be conducted upon start of the facility and annually thereafter, except that every third year, such proof of compliance shall be submitted on behalf of the operator by an independent nonionizing electromagnetic radiation evaluator. All such field measurements, and submission of the results, are to be performed by a certified engineer, or other qualified professional, at the expense of the operator. If such field measurements demonstrate noncompliance with Federal Communication Commission safety standards specified in this section, transmission at the facility shall be suspended until such time as full Federal Communication Commission safety standards compliance is demonstrated to the satisfaction of the city.

o.

The owner of such tower shall give proof to the city that any damages which may occur to surrounding properties or injury which may occur to persons, which damages or injuries are caused by a failure of the tower and/or its associated structural supports, regardless of whether such failure is a result of human error or an act of God, shall be paid by the owner of the tower and/or insurers of the tower.

p.

Wireless telecommunications facilities shall not be located upon a property, and/or on a building or structure that is listed on the National or Delaware Registers of Historic Places, included in section 7-19 of this Code pertaining to historic structures, or is described in the official historic structures and/or historic districts list maintained by the city.

q.

Wireless telecommunications facilities shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the City Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only, but no more than 24 hours.

r.

The city may assess appropriate and reasonable permit fees directly related to the city's actual costs in reviewing and processing the application for approval of a tower or antenna, as well as related inspection, monitoring, and related costs.

s.

City residents and amateur radio operators utilizing satellite dishes, towers and antennas for the purpose of maintaining television, phone, radio and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of the zoning ordinance.

t.

Notwithstanding the criteria set forth in section 32-78 of this chapter, council shall grant the application if all of the foregoing requirements are met.

(2)

Accessory buildings or structures, with impact, and accessory uses, with impact, including the repair, installation, and servicing of any commodity distributed, manufactured, processed, produced, or warehoused in this district. Such repair, installation, and servicing must be provided totally within enclosed buildings; outdoor parking and storage of vehicles, products, or other related items in a state of disrepair shall not be permitted.

(3)

Microbrewery and craft distillery subject to the requirements of subsections 32-56.4(f) and 32-56.4(g).

(4)

Reserved.

(5)

Food service facilities incidental to and located within any of the permitted uses within this district, primarily for service to the employees of such permitted uses provided:

a.

There shall be no entrances directly from the street to such facilities.

b.

No sign relating to such facility shall be visible from outside any building.

c.

Facilities shall be so located and constructed to protect tenants of the building from noise, traffic, odors, and interference with privacy.

(6)

Commercial indoor recreation.

(7)

Instructional business or trade school.

(8)

Public and private elementary, junior, and senior high schools.

(9)

Church or other place of worship, seminary or convent, parish house or Sunday school building.

(10)

Police and fire station.

(11)

Marijuana cultivation facilities (indoor cultivation only) and marijuana product manufacturing facilities.

a.

Limited to areas in the zoning district east of Library Avenue/Capitol Trail (Route 72), or west and south of Suburban Drive/Christina Parkway/East Chestnut Hill Road (Route 4).

b.

Subsidiary marijuana retail store, with a State of Delaware-issued license for a marijuana retail store, in conjunction with and on the same premises as the marijuana cultivation an/or product manufacturing facility, and subject to off-street parking requirements for retail in Article XIV, Section 32-45 of this chapter, may be permitted with an additional special use permit as provided under this section. Minimum distance between this use and a lot used as a public or private elementary, junior, and senior high school, including in New Castle County outside of city limits, shall be 300 feet measured along a straight line from the nearest property line of the building site of the retail marijuana store to the nearest property line of the school. However, if the director of planning and development or designee determines that a substantial physical barrier exists between the school and the property such as railroad tracks or roads that are four lanes wide, then an exception may be granted to the 300-foot limitation by city council. If the distance between a retail marijuana store and a public or private elementary, junior or senior high school, including in New Castle County outside of city limits is less than 300 feet, a three-quarters supermajority of council or six of seven members must vote in favor of approval for the special use permit to be granted.

(c)

Area regulations.

(1)

Minimum lot areas. Except as specified in Article XVI, Section 32-56.2(a) of this chapter, the minimum lot area for any permitted use in an MI district shall be 5,000 square feet, provided parking space and loading space are provided in accordance with the requirements of Article XIV of this chapter.

(2)

Maximum lot coverage. In an MI district, buildings or other structures may occupy the entire lot, except as provided in (6) below.

(3)

Height of buildings. Except as specified in Article XVI, Section 32-56.2(c)(2) of this chapter, the height of a building or structure hereafter erected or altered shall not exceed four stories or 55 feet.

(4)

Building setback lines. No setback required except as provided hereinafter.

(5)

Rear yards. In an MI district, no rear yard is required, except that along a rear lot line forming the boundary between such MI district and any residential district, a rear yard shall be required equal to the rear yard of that residential district.

(6)

Side yards. In an MI district, no side yard is required except that along a side lot line forming a boundary line between such MI district and any residence district, a side yard shall be required equal to the minimum side yard required for that residence district.

(Ord. No. 70-31, Art. VII, § 2, 7-21-70; Ord. No. 74-7, 2-25-74; Ord. No. 76-1, Amend. Nos. 3, 4, 1-26-96; Ord. No. 77-62, Amend. No. 6, 11-28-77; Ord. No. 78-33, Amend. No. 14, 9-11-78; Ord. No. 80-12, Amend. No. 2, 2-11-80; Ord. No. 91-12, Amend. No. 1, 3-25-91; Ord. No. 96-21, Amend. No. 5, 11-25-96; Ord. No. 97-14, Amend. No. 4, 6-9-97; Ord. No. 15-18, Amend. No. 15, 9-14-15; Ord. No. 17-04, Amend. No. 3, 2-13-17; Ord. No. 17-22, Amend. No. 4, 6-12-17; Ord. No. 19-26, Amend. Nos. 3—6, 10-14-19; Ord. No. 23-15, Amend No. 1, 8-28-23; Ord. No. 24-10, Amend. No. 4, 4-22-24; Ord. No. 24-11, Amend. No. 1, 2, 4-22-24; Ord. No. 24-19, Amend. No. 3, 8-26-24)

Editor's note— Section 32-22, setting forth Chart. No. 2, Maximum Noise Level for ML districts was repealed by Ord. No. 81-48, Amend. No. 2, enacted Dec. 14, 1981. Said section was derived from Ord. No. 70-31, Art. VII, adopted July 21, 1970.