Sussex County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE XV
HI-1 Heavy Industrial District
§ 115-109 Purpose.
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.
§ 115-110 Permitted uses.
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 | |
Marijuana cultivation facilities, marijuana product manufacturing facilities or marijuana testing facilities [Added 5-14-2024 by Ord. No. 3016] | |
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 |
§ 115-111 Potentially hazardous uses.
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 |
§ 115-112 Permitted accessory uses.
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]
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]
§ 115-113 Conditional uses.
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.
§ 115-114 Special use exceptions.
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.
§ 115-115 Permitted signs.
§ 115-116 Height, area and bulk requirements.
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* | -- |
§ 115-117 Reference to additional regulations.
The regulations contained in this Article are supplemented or modified by regulations contained in other Articles of this chapter, especially the following: