(a)

Purpose. The M-1 district, light manufacturing, is designed to provide areas where scientific research, light manufacturing or fabrication, and wholesale storage or warehousing activities, and providing open space around buildings and surroundings attractive to employees therein would be encouraged. They would be restricted to low-density developments on large sites with suitable landscaping, which can be operated in a clean, quiet manner. In addition, public facilities and private utilities which are needed to serve the uses within the district and adjoining residential areas may be located therein. No new residential development is permitted.

(b)

Permitted uses. In any M-1 district no building or premises shall be used and no building shall be erected or altered, except as provided elsewhere in this chapter, which is arranged, intended or designed to be used except for one or more of the uses listed below, and subject to off-street parking and loading requirements of article X of this chapter:

(1)

Book or periodical publishing.

(2)

Laboratory: research, testing or experimental; provided, that no highly flammable or explosive processes are employed.

(3)

Any light manufacturing, processing, fabricating or repair establishment; provided, that the applicant submits with his application for a building permit evidence that it can be operated in conformance with the standards of external effects established in subsection (c) of this section.

(4)

Wholesale sales or the warehousing or storage of any commodity except commercial explosives or highly flammable materials, including open storage other than a junk yard.

(5)

Office, only as an accessory use to another use permitted under this section.

(6)

Retail store or shop for the performance of personal services, subject to the limitation on hours of operation contained in section 5-78 of this Code.

(7)

Restaurant or lunch room.

(8)

Public utility and public service uses, including bus, truck or railroad terminal or station, electric substation, municipal fire station or fire house, natural gas regulator station, municipal police station, specifically including neighborhood police station, telephone exchange, transportation right-of-way, utility pumping station, water tower or reservoir, and water or sewer treatment or filtration plant. "Public utility" shall not include any waste incinerator, incinerator or incinerator structure or facility.

(9)

Repair, rental and servicing of any commodity, the manufacture, processing or fabrication of which is permitted under this subsection.

(10)

Antenna placed on structures that are an accessory to the building; provided that, such antenna are mounted at a minimum height of 60 feet or higher, as permitted under the height exceptions set forth in section 48-261(b), and such antenna conforms with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.

(11)

A sign, other than a billboard, subject to compliance with chapter 41.

(12)

Any dwelling existing on March 8, 1962; provided, that any addition to or enlargement of such dwelling shall conform with the height, density and area regulations for R-4 districts as given in article IV, division 3 of this chapter.

(13)

A dwelling or apartment for a caretaker, watchman or janitor employed on the premises.

(14)

Accessory uses and accessory buildings customarily incident to the uses permitted by this subsection.

(15)

Group day care homes and day care centers, provided, however, that any such day care facility is accessory to the primary use on the premises and that the motor vehicle parking requirements in section 48-443 are met.

(16)

Bed and breakfast guest facility as provided in section 48-93 but subject to the approval of the zoning board of adjustment pursuant to section 48-71.

(17)

Emergency shelter for the homeless, subject to the requirements specified for such use in C-2 districts under section 48-193(c)(18) and subject to the approval of the zoning board of adjustment, provided that:

a.

The emergency shelter for the homeless will not tend to affect adversely the use of neighboring properties or improvements in the surrounding neighborhood; and

b.

Planned uses and development in the immediate vicinity of the emergency shelter site will not pose an immediate hazard, nor create a potential hazard, to occupants anticipated to reside for temporary periods of time in the emergency shelter for the homeless.

(18)

Consumer recycling collection centers, without restriction of hours of operation.

(19)

Indoor commercial horticultural operation.

(20)

Marijuana cultivation facility, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(21)

Marijuana product manufacturing facility, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(22)

Marijuana testing facility, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(23)

Retail marijuana store, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(c)

Standards of external effects. All uses established in an M-1 district shall be operated so as to comply with the following standards of external effects:

(1)

The volume of sound inherently and recurrently generated by any use shall not exceed the standards as set forth below along the boundaries of the lot on which such use is located:

a.

Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to the most recent standards prescribed by the American Standards Association; and

b.

The maximum permitted sound pressure levels, in decibels for the designated octave bands, shall be as set forth in the following table:

    0—   74 .....79   

   75—  149 .....74   

  150—  299 .....66   

  300—  599 .....59   

  600—1,199 .....53   

1,200—2,399 .....47   

2,400—4,800 .....41   

Above 4,800 .....39   

(2)

The emission from any use of any smoke from any source whatever to a density greater than that density described as No. 2 on the Ringelmann Chart is prohibited. The Ringelmann Chart, as published and used by the bureau of mines, United States Department of the Interior, is hereby adopted and made a part of this chapter. The provisions of any other smoke control regulations of the city are to be read with this chapter in all relevant matters.

(3)

The emission or discharge of the following in such quantities as are injurious to life or health, or damage property, or unreasonably interfere with the comfort of persons shall be prohibited:

a.

Odorous gases or other odorous matter or steam at any point along any lot line of the lot on which such use is located;

b.

Any noxious, toxic or corrosive fumes or gases from any use permitted in an M-1 district;

c.

Cinders, dust or fly-ash from any use permitted in an M-1 district; and

d.

Direct or reflected glare or heat detectable beyond any line of the lot on which such use is located.

(4)

Every use shall be so operated that the ground vibration inherent and recurrently generated is not perceptible, without instruments, at any point along any lot line of the lot on which such use is located.

(5)

Review.

a.

Protective controls. In case of any permitted chemical process or any other manufacturing process that involves potential hazard from fire or explosion, or any activity involving the storage, including any underground storage, the use or the disposal of any hazardous substances, no permit shall be granted unless or until the zoning board of adjustment has determined that the applicant has employed technology reasonably available to each particular industry for the control of such hazards and all applications for permits shall be subject to the provisions of this Code and all applicable federal and state laws and regulations and the approval of the fire marshal. All such cases shall be reviewed by the environmental and technology advisory panel which shall advise the zoning board of adjustment prior to its hearing and decision.

b.

Standards of external effects. All manufacturing or heavy commercial uses to be hereafter established in light manufacturing zoning districts shall be permitted only upon evidence of their ability to operate in compliance with current standards for sound, vibration, heat discharge, glare, odor, air quality and water quality, as applicable under federal or state laws and regulations and city ordinance. All such cases shall be reviewed by the zoning board of adjustment. The environmental and technology advisory panel shall advise the zoning board of adjustment prior to its hearing and decision.

(d)

Site plans, etc., required for certain uses. When filing an application for a building permit for a use permitted under subsections (1) through (4) of subsection (b) of this section, the applicant shall submit therewith three copies of a site plan showing buildings and other structures, roadways, sites for open storage and character of such storage, drainage and sanitary facilities, parking spaces, loading berths, landscaping and exterior lighting, if any, and a description of any operations which would be affected by the standards of external effects as provided in subsection (c) of this section.

The applicant shall submit such other information as may be necessary to determine compliance with provisions of subsection (c) of this section.

The approved site plan shall become a part of the provisions of the building permit or certificate of occupancy.

(e)

Conditional uses. The following uses are permitted, subject to the conditions specified below in each case:

(1)

Adult entertainment establishments subject to the conditions specified for such uses in C-5 districts as provided in section 48-197(f).

(2)

Billboards subject to the conditions specified for such use in C-5 districts as provided in section 48-197(f).

(f)

Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:

(1)

An antenna that is proposed to be mounted to a building and concealed within an architectural element of the building; provided, that:

a.

Accessory structures are similarly concealed or obscured from view; and

b.

It shall conform with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.

(Code 1968, § 48-32; Ord. No. 93-010(sub 1), § 3, 7-8-93; Ord. No. 93-052(sub 1), § 3, 11-4-93; Ord. No. 99-010(sub 1), § 1, 5-6-99; Ord. No. 00-024(sub 2), § 1, 6-15-00; Ord. No. 01-046(sub 1), § 1, 11-1-01; Ord. No. 05-050(sub 4), § 7, 7-13-06; Ord. No. 10-041(sub 1), § 14, 10-7-10; Ord. No. 19-033, § 3, 7-11-19; Ord. No. 25-013(sub 1), § 4, 5-1-25)

(a)

Purpose. The M-2 district, general industrial, is designed to provide areas where large-scale industries can find suitable sites served by rail, water and highway transportation. Only a few specified heavy industries which might create objectionable conditions in the residential and commercial areas of the city are excluded. No new residential development is permitted.

(b)

Permitted uses. Subject to the prohibitions and controls specified in the following subsections of this section, all uses not otherwise prohibited by law are permitted in any M-2 district, subject to the off-street parking and loading requirements of article X of this chapter. Specifically permitted in M-2 districts are consumer recycling collection centers, without restriction of hours of operation. Specifically permitted are neighborhood police stations. Use shall be subject to the limitation on hours of operation contained in chapter 5 of this Code. Specifically permitted are marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores, subject to the buffer zone requirement set forth in section 48-481 of this Code. Use shall be subject to the limitations on hours of operation contained in the Delaware Code or chapters 5 or 48 of this Code, with the most restrictive hours of operation governing. Antenna use shall be subject to the conditions specified for such use under article XI, division 4 and any regulations promulgated in furtherance thereof.

(c)

Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:

(1)

Ore smelting, blast furnace, coke oven, open hearth furnace, or Bessemer converter, as approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:

a.

No such industrial operation shall be established or maintained within 1,000 feet of the boundary of any residence district or commercial district;

b.

The off-street parking and loading requirements of article X of this chapter and the protective controls of subsection (e) of this section are complied with; and

c.

The proposed use will not seriously impair the value of nearby residential or commercial property, in the determination of which the direction of prevailing winds and the increased traffic on the street system may be considered.

(2)

As special exception uses, the re-refining or recycling of used oil and any processes related and accessory thereto, provided that no such use or any part thereof shall be established or maintained within 1,000 feet of the boundary of any residential zoning district, or of any commercial zoning district, or of any commercial zoning district, or of any W-3, W-4 or O zoning district, and that any such use that is permitted shall be subject to the standards set forth in section 48-246(c).

(3)

As special exception uses, composting and recycling facility as defined in section 48-2, but subject to the approval of the zoning board of adjustment pursuant to section 48-71.

(d)

Prohibited uses. Except as provided elsewhere in this chapter, the following uses are specifically prohibited in an M-2 district:

(1)

Residential uses other than a dwelling or apartment for a caretaker, watchman or janitor employed on the premises; hotel or motel, or emergency shelter for the homeless subject to the requirements specified for such use in C-2 districts under section 48-193(c)(18).

(2)

Fertilizer manufacture from organic material or the compounding of such fertilizers on a commercial scale.

(3)

Fireworks or explosives manufacture.

(4)

Reduction of garbage, offal or dead animals on a commercial basis.

(5)

Refining of crude petroleum and processes related and accessory thereto.

(6)

Any waste incinerator, incinerator, or incinerator structure or facility.

(e)

Protective controls and standards of external effects.

(1)

Protective controls. In case of any permitted chemical process or any other manufacturing process that involves potential hazard from fire or explosion, or any activity involving the storage, including any underground storage, the use or the disposal of any hazardous substances, no permit shall be granted unless or until the zoning board of adjustment has determined that the applicant has employed technology reasonably available to each particular industry for the control of such portential hazards and all applications for permits shall be subject to the provisions of this Code and all applicable federal and state laws and regulations and the approval of the fire marshal. All such uses shall be reviewed by the environmental and technology advisory panel which shall advise the zoning board of adjustment prior to its hearing and decision.

(2)

Standards of external effects. All manufacturing or heavy commercial uses to be hereafter established in general industrial manufacturing zoning districts shall be permitted only upon evidence of their ability to operate in compliance with current standards for sound, vibration, heat discharge, glare, odor, air quality and water quality, as applicable under federal or state laws and regulations and city ordinances. All such cases shall be reviewed by the zoning board of adjustment. The environmental and technology advisory panel shall advise the zoning board of adjustment prior to its hearing and decision.

(f)

Conditional uses. The following uses are permitted, subject to the conditions specified below in each case:

(1)

Adult entertainment establishments subject to the conditions specified for such uses in C-5 districts as provided in section 48-197(f).

(2)

Billboards subject to the conditions specified for such use in C-5 districts as provided in section 48-197(f).

(Code 1968, § 48-33; Ord. No. 92-056(sub 1), § 1, 12-7-92; Ord. No. 93-010(sub 1), § 4, 7-8-93; Ord. No. 93-052(sub 1), § 3, 11-4-93; Ord. No. 99-010(sub 1), § 1, 5-6-99; Ord. No. 00-024(sub 2), § 1, 6-15-00; Ord. No. 01-046(sub 1), § 1, 11-1-01; Ord. No. 05-050(sub 4), § 8, 7-13-06; Ord. No. 07-070, § 1, 12-6-07; Ord. No. 10-041(sub 1), § 15, 10-7-10; Ord. No. 25-013(sub 1), § 4, 5-1-25)

(a)

Generally. Except as specified in subsection (b) of this section, the height of a building or structure hereafter erected or altered in respect to height in manufacturing and industrial districts shall not exceed that given in the following table:

(b)

Exceptions. The height of a building or structure as specified in subsection (a) of this section may be exceeded in the following instances:

(1)

In an M-1 district, a roof bulkhead, elevator or stairway enclosure, or structures housing air-conditioning equipment or machinery may be erected to a height in excess of that authorized in subsection (a) of this section.

(2)

A chimney or a pinnacle serving as an architectural embellishment in an M-1 or M-2 district may be erected to a height in excess of that authorized in subsection (a) of this section.

(3)

In an M-1 or M-2 district, the provisions of this section do not apply to smokestacks, vents, transmission towers, flagstaffs, water tanks or towers, or hose towers.

(4)

In an M-1 or M-2 district, radio or television towers, grain elevators, derricks or other buildings or structures or portions thereof in which a greater height is necessary for properly conducting the processes involved may be erected to a height in excess of that permitted in subsection (a) of this section; provided, that each part of such building or structure that is above 55 feet in height in an M-1 district and 90 feet in height in an M-2 district shall be set back from the street line or any other lot line a distance of not less than the total height of such building or structure.

(5)

Any emergency sirens included in the city-wide emergency warning system that are installed and operated by the office of emergency management in accordance with chapter 7 of the City Code.

(Code 1968, § 48-34; Ord. No. 97-026(sub 1), § 1, 7-10-97; Ord. No. 04-082(sub 1), § 3, 12-9-04)

The maximum permitted floor area ratios in manufacturing and industrial districts shall be as given in the following table:

(Code 1968, § 48-35)

(a)

M-1 districts. Any building or structure erected in an M-1 district which abuts a street less than 80 feet in width shall be set back not less than 40 feet from the centerline of such street.

(b)

M-2 districts. No setback is required in an M-2 district, except as required in subsection 48-261(b)(4) for a building or structure over 90 feet in height and subsection (c) of this section.

(c)

In any M-1 and M-2 zoning district where property frontage is located across from a residential zoning district, there shall be a minimum setback of 20 feet from the lot line. Within the setback, a sodded border no less than ten feet in width shall be provided, and within this sodded border, there shall be landscaping, to include evergreens, sufficient to form a continuous screen across the entire frontage, exclusive of entrance ways, with a minimum height of six feet. There shall be no parking or storage within the setback.

(Code 1968, § 48-36; Ord. No. 02-116(sub 1), § 4, 12-12-02)

(a)

Generally. Except as specified in the following subsections of this section, a rear yard shall be provided on every lot in manufacturing and industrial districts as prescribed in the following table:

(b)

Exceptions—Through lots. In a case of a through lot no rear yard is required, but each street frontage shall be subject to the building setback requirements of section 48-263.

(c)

Same—Where rear of lot adjacent to waterway, etc. Where the rear of a lot adjoins a navigable waterway, railroad right of way or railroad yard, no rear yard shall be required.

(d)

In any M-1 and M-2 zoning district where the rear yard of a lot abuts a residential zoning district, there shall be a minimum rear yard setback of 20 feet unless a greater setback is required under subsection (a). Within this setback, a sodded border no less than 15 feet in width must be provided and within this sodded border there shall be landscaping, to include evergreens, sufficient to form a continuous screen along the full width of the lot with a minimum height of six feet. There shall be no parking or storage within the setback.

(Code 1968, § 48-37; Ord. No. 02-116(sub 1), § 5, 12-12-02)

(a)

Generally. Except as specified in the following subsections of this section, two side yards shall be provided on every lot in an M-1 or M-2 district. Each such side yard shall have a width of six feet in the case of a one-story building and an additional width of two feet for each additional story, but in no case need have a width in excess of ten feet.

(b)

Exceptions—Corner lots. In the case of a corner lot no side yard need be provided along the side street line except as required by section 48-263.

(c)

Same—When line coincides with boundary of residential zoning district. When a side lot line coincides with the boundary of a residential zoning district, the side yard along the lot line shall be 15 feet per one-story building and 20 feet in all other cases. Within this setback a sodded border of no less than five feet in width shall be provided, and within this border there shall be landscaping, to include evergreens, sufficient to form a continuous screen along the full length of the lot with a minimum height of six feet. There shall be no parking or storage within the setback.

(Code 1968, § 48-38; Ord. No. 02-116(sub 1), § 6, 12-12-02)

Where a court is provided in an M-1 or M-2 district, such court shall have the minimum dimensions specified in section 518 of the building code of the city.

(Code 1968, § 48-39)