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CITY OF DOVER PLANNING COMMISSION
AGENDA
Monday, August 20, 2018 – 7:00 P.M.
City Hall, City Council Chambers
15 Loockerman Plaza, Dover, Delaware
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA
1) Site Development Master Plan Application S-18-07: Dover Mall Power Center Master Plan
at 1365 North DuPont Highway will not be heard by the Planning Commission on August 20,
2018 at the request of the applicant. This Application and its Public Hearing will be
rescheduled for a future Planning Commission meeting and will be subject to Public Notice
requirements for the new meeting date.
2) Minor Subdivision Plan Application SB-18-03 Lands of Larlham Construction LLC at 35 &
39 North New Street will not be heard by the Planning Commission on August 20, 2018 due
to incomplete public notice. This Application and its Public Hearing will be rescheduled for a
future Planning Commission meeting and will be subject to Public Notice requirements for
the new meeting date.
ADOPTION OF MINUTES OF MEETING of July 16, 2018
COMMUNICATIONS & REPORTS
1) Reminder: The next Planning Commission regular meeting is scheduled for MONDAY,
September 17, 2018 at 7:00pm in the City Council Chambers.
2) Update on City Council Actions
3) Department of Planning & Inspections Updates
OPENING REMARKS CONCERNING MEETING PROCEDURES3
OLD BUSINESS
1) Requests for Extensions of Planning Commission Approval:
a. S-16-17 Parking Lot at 623 Fulton Street – Request for one-year extension of the
Planning Commission approval granted on September 19, 2016 of a Site
Development Plan to replace an existing 11,600 S.F. +/- gravel parking lot with a
thirty-four (34) space asphalt parking lot of the same area, with striping, parking
bumpers, and lighting. The purpose of the parking lot is to provide parking for
adjacent properties. The property consists of 0.33 acres and is located on the north
side of Fulton Street east of Ridgely Street. The property is zoned IPM (Industrial
Park Manufacturing Zone). The owner of record is Harrington Commercial, LLC.
Property Address: 623 Fulton Street. Tax Parcel: ED-05-076.08-01-13.00-000.
Council District 4. Waiver Request Denied: Elimination of Sidewalk Requirement,
Waiver Requests Approved: Partial Elimination of Curbing Requirement, Elimination
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City of Dover Planning Commission Agenda
Public Hearing: August 20, 2018
Page 2 of 2
of Bicycle Parking, and Elimination of Opaque Barrier (Fence Component). This
application is associated with approved variance V-15-06 (granted March 18, 2015)
to allow the property to use gravel surfacing for a specific time period.
2) MI-18-03 Text Amendments: Manufactured Housing and Land Lease Communities (Dover
Code of Ordinances, Chapter 66 and Zoning Ordinance, Article 3, Section 8 and Article 12)
– Continuation of the Review of Proposed Ordinance #2018-01 of Text Amendments to the
Dover Code of Ordinances, Chapter 66 - Manufactured Homes, Mobile Homes, and Land
Lease Communities; to Zoning Ordinance, Article 3, Section 8- Manufactured Housing
(MH) Zone; and to Zoning Ordinance, Article 12- Definitions. The Public Hearing was held
on March 19, 2018 and the Planning Commission tabled action. Then on April 16, 2018 the
Planning Commission deferred action until June 2018 seeking additional information. At the
June 18, 2018 Meeting, Staff provided an update report on the Ordinance work and the
Planning Commission deferred action until their August meeting. Planning Staff is proposing
Staff Substitute #1 for Proposed Ordinance #2018-01.
NEW BUSINESS
1) Nomination and Election of Officers (Chairman and Vice-Chairman)
2) Appointment of the Architectural Review Oversight Subcommittee of Planning Commission
(in accordance with Zoning Ordinance, Article 10 §2.28)
3) Project for Dover’s 2019 Comprehensive Plan
a. Open House Event for Comprehensive Plan: Thursday, August 23, 2018 from 3:00pm
to 7:00pm at the Dover Public Library, Meeting Rooms A & B. Presentations at
3:30pm and 5:30pm.
b. Update on Project Activities
i. Update on Survey and Data Collection
ii. Update on Evaluation of 2008 Goals and Recommendations
c. Discussion of Key Topics
ADJOURN
THE AGENDA ITEMS MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE
TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.
Posted Agenda: August 10, 2018
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August 7, 2018
Mr. David Hugg, AICP
City of Dover
PLANNING OUR
CLIENTS’ SUCCESS
Department of Planning and Inspections
15 Loockerman Plaza
Dover, DE 19903
RE: Site Master Plan Application
DOVER POWER CENTER
Dover, Delaware
Project No. 2003182.15
Dear Mr. Hugg:
On behalf of our client Western Development Corp., we are hereby requesting that the Site
Master Plan application for Public Hearing before the Planning Commission Scheduled for
Monday, August 20, 2018, be tabled until further notice. We will notify staff when we wish
to have the application heard before Planning Commission.
If you have any questions, do not hesitate to contact me.
Sincerely,
BECKER MORGAN GROUP, INC.
BECKER MORGAN GROUP, INC.
J. Michael Riemann, P.E.
A RCHITECTURE & ENGINEERING Principal
309 SOUTH GOVERNORS AVENUE
DOVER, DELAWARE 19904 JDR/jdr
302.734.7950
FAX 302.734.7965
Enclosures
RITTENHOUSE STATION
250 SOUTH MAIN STREET, SUITE 109 cc: Mr. Herb Miller – Western Development Corp.
NEWARK, DELAWARE 19711
302.369.3700 Mr. John Viglianti – Finisterre Design & Development Corp.
PORT EXCHANGE 200318215am-ltr-COD.docx
312 WEST MAIN STREET, SUITE 300
SALISBURY, MARYLAND 21801
410.546.9100
FAX 410.546.5824
A RCHITECTURE & P LANNING
3205 RANDALL PARKWAY, SUITE 211
WILMINGTON, NORTH CAROLINA 28403
910.341.7600
FAX 910.341.7506
www.beckermorgan.com
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CITY OF DOVER PLANNING COMMISSION
JULY 16, 2018
The Regular Meeting of the City of Dover Planning Commission was held on Monday, July 16,
2018 at 7:00 PM in the City Hall Council Chambers with Chairman Mr. Tolbert presiding.
Members present were Mr. Holden, Mr. Roach, Ms. Edwards, Mr. Holt, Mr. Baldwin, Dr. Jones,
Mrs. Welsh, Ms. Maucher and Mr. Tolbert.
Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Eddie Diaz and
Mr. Julian Swierczek. Also present was Mr. Willie Alexander. Speaking from the public were
Ms. Bonnie Pennington, Mr. Charles Jackson, Mr. Roy Sudler Jr, Ms. Carmen Hardcastle, Mr.
John Marble, Mr. Vance Thorpe and Mr. Harold Mack.
APPROVAL OF AGENDA
Dr. Jones moved to approve the agenda as submitted, seconded by Ms. Edwards and the motion
was unanimously carried 9-0.
APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF JUNE 18,
2018
Mr. Holt moved to approve the Planning Commission Meeting minutes of June 18, 2018,
seconded by Mrs. Welsh and the motion was unanimously carried 9-0.
COMMUNICATIONS & REPORTS
Mr. Hugg stated that the Annual Meeting of the Planning Commission which we typically hold
in July that includes the election of the Chairman and Vice Chairman will be scheduled for a
future meeting once the appointment process for Commission members has been completed. He
believes that happens at the next Council meeting.
Mr. Hugg stated that the next Planning Commission regular meeting is scheduled for Monday,
August 20, 2018 at 7:00pm in the City Council Chambers.
Mr. Hugg provided an update on the regular City Council and various Committee meetings held
on June 25 & 26, 2018 and July 9 & 10, 2018.
OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS
Mrs. Melson-Williams presented the audience information on policies and procedures for the
meeting.
OLD BUSINESS
1) Requests for Extensions of Planning Commission Approval:
A. S-16-14 Lidl Grocery Store at North DuPont Highway and Kings Highway NE – Request
for a one-year extension of the Planning Commission approval granted on July 18, 2016
of a Site Development Plan application to permit the construction of an approximately
36,185 S.F. retail grocery store and associated site improvements. The project is to
include a Parcel Consolidation Plan to re-subdivide the six parcels on site into three and
abandon the unimproved right-of-way known as Midland Road. Construction would
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involve demolition of all existing buildings on site. The property consists of 6.95 acres
(7.275 acres prior to right-of-way dedication) and is located on a site bounded by North
DuPont Highway, Maple Parkway, and Kings Highway. The property is zoned C-4
(Highway Commercial Zone) and IO (Institutional and Office Zone) with all site
improvements to occur in the C-4 zone. The owners of record are Davis H. Wood, Wells
Fargo Bank NA, and Kings Highway Land Partners, LLC. The equitable owner is Lidl
US Operations, LLC. Property Addresses: 122, 136, 140 and 162 North DuPont Highway
and 321 Kings Highway NE. Tax Parcels: ED-05-068.18-01-20.00-000, ED-05-068.18-
01-21.00-000, ED-05-068.18-01-22.00-000, ED-05-068.18- 01-23.00-000, ED-05-
068.18-01-24.00-000 and ED-05-068.18-01-25.00-000. Council District 2. Approved:
Consideration of Area Subject to Tree Planting Requirement
Representative: None
Dr. Jones moved to approve S-16-14 Lidl Grocery Store at North DuPont Highway and Kings
Highway NE for a one-year extension, seconded by Mr. Baldwin and the motion was
unanimously carried 9-0.
2) Update on Appointment of the Architectural Review Oversight Subcommittee of Planning
Commission (in accordance with Zoning Ordinance, Article 10 §2.28)
Mrs. Melson-Williams stated that Planning Staff is still working with trying to confirm the two
individuals that had previously served on that Subcommittee. Hopefully, they will have
something for the Planning Commission in August one way or another.
NEW APPLICATIONS:
1) C-17-06 Pride of Dover Elks Lodge at 217 North Kirkwood Street – Public Hearing and
Conditional Use Review of Application to allow an existing one-story structure to be utilized
as an annual membership club serving members and their guests. The property consists of
0.15 +/- acres. The property is zoned RG-1 (General Residence Zone). The property is
located on the east side of North Kirkwood Street, between Cecil Street and Mary Street. The
owner of record is Pride of Dover Elks Lodge 1125. Property Address: 217 North Kirkwood
Street. Tax Parcel: ED-05-076.08-05-02-20.00-000. Council District 4.
Representatives: Mr. Willie Alexander, Exalted Ruler of the Pride of Dover Elks Lodge #1125
Mrs. Melson-Williams stated that this is a Conditional Use Application titled Pride of Dover
Elks Lodge for the property located at 217 North Kirkwood Street. This is subject to public
hearing this evening. The request is a Conditional Use Plan to establish an annual membership
club at this location. There is an existing building on the site. This application originally slated in
late 2017 but was first deferred at the request of the applicant and then ultimately has been
scheduled for this evening’s meeting. With the application, they hope to utilize the existing one-
story structure as an annual membership club serving members and their guests specifically for
the Pride of Dover Elks Lodge. The property is zoned RG-1 (General Residence Zone) and is
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located on the east side of North Kirkwood Street between Cecil Street and Mary Street. The site
was identified during a project undertaken by the Planning Office regarding “Non-Conforming
Uses in Residential Districts”. At that point in time, it had been functioning as a Clubhouse under
the appropriate Public Occupancy permits that were necessary; however, it came to the Planning
Department’s attention in December 2015 that there were ultimately some issues at the Lodge. It
came to the attention of the City through information from the State of Delaware Division of
Alcohol and Tobacco Enforcement that there were some issues regarding the liquor license and
the serving of alcohol at the facility. Ultimately, that resulted in the City revoking the ability for
the location to be open as a Clubhouse which then made it a non-conforming use and the City
required that the operations cease; that direction was given in January 2017. The Public
Occupancy permit for the use as a Clubhouse was inactivated and the building has been vacant
since that point in time. This evening, this is considered a new application to establish a use in
that existing structure. By our Zoning Ordinance that use would be an annual membership club
serving members and their guests. That is specifically how the term is listed in the Code. The
applicant submitted a map diagram that highlights the location of the building and there is also
additional information submitted about the surrounding neighborhood in the form of a letter.
Then a packet of information was received that was titled “Pride of Dover Re-opening” that goes
through the activities of the Lodge that they hold, the types of activities that they would hope to
do at this location and some information about how they intend to establish a visitor/guest book
sign in procedure at the facility. The site is in a residential area. The adjacent uses are primarily
one family residences. With this Conditional Use, there are specific considerations that the
Planning Commission must look to such as whether the proposed project is appropriate in the
scale and type for the immediate neighborhood. Our DAC Report details those types of things to
consider when looking at Conditional Uses including things such as accessibility for emergency
response, harmony of location, size and character and looking at when in residential areas, the
nature and intensity of operations. With Conditional Use applications, the action is just with the
Planning Commission. The Commission has the final say from a procedural standpoint. They can
require that the Conditional Use Permit undergo periodic review to ensure that it is meeting the
established conditions that the Commission establishes.
There is no particular parking requirement for annual membership clubs. There is space for one
vehicle onsite. There does not appear to be any bicycle parking on the site; however, there are
sidewalks in this neighborhood including across the frontage. Currently, they have City of Dover
trash collection utilizing the containers that the City can pickup for such a small-scale building.
In the DAC Report, Planning Staff has provided some updates that would be necessary to the
Plan Sheet and all documents would need to reflect any action taken by the Planning
Commission this evening. Those include needing to evaluate the number of trees on the property
which it is required to have three. There may be some existing trees in the back of the property
that can satisfy that requirement. On Page 6 of the DAC Report, the Planning Staff has made a
series of recommendations suggested as conditions of approval for this project in regards to the
Conditional Use. The Planning Office specifically suggests the following conditions for a
Conditional Use permit for the use of the existing building as an annual membership club serving
members and their guests. At this time the Planning Staff is recommending with the re-opening
of the club, not to include the service of alcohol at this time. The service of alcohol requires a
series of improvements for the fire protection systems of the building in order to be able to serve
alcohol under the City’s provisions setting aside any State regulations and procedures related to
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having an alcohol license at the facility. Staff is recommending the re-opening but not to include
the service of alcohol. The other item that Staff is recommending is that if they in the future
would wish to provide the service of alcohol that it be a new application back to this
Commission to expand that Conditional Use permit so that they may deal with the service of
alcohol and the associated activities related to building improvements, management and the
acquisition of any kind of license for that. The additional Staff requirements are that they would
need to adhere to the occupant loads established by the Fire Marshal’s Office. They are
recommending that one bicycle parking space be established so that a bicycle can be adequately
parked at the site and that this Conditional Use permit be periodically reviewed should the
Planning Commission find it satisfying to grant it approval. That periodic review should be
established one year from the Planning Commission action. The DAC Report goes on to include
comments from the other regulatory agencies including the City’s Public Works Department and
Electric. The Office of the Fire Marshal has provided comments; a number of them are advisory
in nature should they pursue liquor licensing in the future. There are no comments from DelDOT
and the Kent Conservation District has no objection as there is no real earth-moving activities
required with this project. To the Planning Commissioners, this is a Conditional Use permit.
Staff is recommending approval subject to a series of conditions to establish an annual
membership club within this existing building that was built a number of years ago for the
specific purposes of a Lodge facility.
Ms. Maucher stated for the record that she is President of the Dover Elks Lodge which is part of
the Benevolent and Protective Order of the Elks. It’s an unrelated entity but it has a similar
name.
Ms. Edwards questioned with Staff’s recommendation of opening of the facility, what is the
monitoring process if they are not allowed to serve alcohol? Responding to Ms. Edwards, Mrs.
Melson-Williams stated that with the establishment of an annual membership club, there would
be a Public Occupancy Permit that is required through the Office of the Fire Marshal. That
places the building subject to inspections for that Permit. Of course, the service of alcohol
anywhere in the State has State Licensing requirements so some of the monitoring could be done
at the State level.
Mr. Hugg stated that he thinks that is correct. The City would not as a matter of course, be
monitoring this sale or consumption of alcohol. That falls clearly under the Division of Alcohol
and Tobacco Enforcement of the State. They would respond probably both upon complaint and
periodically to determine that there wasn’t any legal activity going on. Our inspections would be
limited to regular compliance with occupancy and fire safety issues.
Mr. Holt questioned if this club currently meets now and roughly how many members are in this
club? Mr. Hugg stated that he thinks that is a question to be directed to the applicant when they
make their statement.
Ms. Maucher questioned what the tax status of the property is? Responding to Ms. Maucher, the
applicant indicated its 501c3 status.
Mr. Alexander stated that he has to agree because that is what Staff came up with. Every black
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organization from the Elks to the Masonic to the Legion, they are all in black neighborhoods. If
you go around closing all of them it is going to be a bad and sad day. He appreciates what Staff
has done to allow them to open.
Mrs. Melson-Williams stated that Mr. Holt has asked if you have been currently meeting and
what are the approximate numbers of your Lodge? Responding to Mr. Holt, Mr. Alexander
stated that they have been meeting at Demco behind Wawa located on Court Street. The
daughters meet at Luther Towers.
Mr. Tolbert questioned if all members met at that location? Responding to Mr. Tolbert, Mr.
Alexander stated yes.
Mr. Tolbert further questioned how many members are present during a meeting? Responding to
Mr. Tolbert, Mr. Alexander stated that they always have a quorum which is at least seven people.
Mr. Holt stated that it is a service club and he wonders what types of projects the club
participates in. Responding to Mr. Holt, Mr. Alexander stated that they have back to school for
the kids, they have eye glasses for the older people, and a lot of stuff for the young people.
Mr. Tolbert questioned how many people they think would be in attendance at the facility should
they open it again on any given evening? Responding to Mr. Tolbert, Mr. Alexander stated that
their highest attendance was on a Sunday night but it won’t be like that anymore. On any given
day there would probably be 45-50 people. He thinks that the Fire Marshal said that they were
allowed to hold 103 people.
Mr. Tolbert questioned how long the Lodge has been closed? Responding to Mr. Tolbert, Mr.
Alexander stated since 2017 for 1.5 years.
Dr. Jones questioned if Mr. Alexander would speak to the recommendation that there be no
alcohol served at least initially? She asks that question because she is aware of this facility. How
would you operate and what would be your focus? Responding to Dr. Jones, Mr. Alexander
stated that they would have the kitchen open and they would have projects and stuff like that. He
thinks that they might be able to survive until they refocus some things and see what they can do
in the future.
Dr. Jones stated that it states that they would control guests. Guests would sign in. Have you
given any consideration to the number of guests to be permitted per club member? Responding
to Dr. Jones, Mr. Alexander stated that each member would be allowed five guests that would
have to have a card and the member would have to sign a book. If it needs to be refocused and let
each member have three guests then they can do that; whatever works for this Commission they
will work with.
Dr. Jones questioned what they see as the role of guests? What do you see guests being involved
in? Responding to Dr. Jones, Mr. Alexander stated that they will be upstairs eating and
socializing.
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Mr. Holden questioned what weekly events they envision holding at the facility? Responding to
Mr. Holden, Mr. Alexander stated that it would depend on other Lodges like Wilmington coming
down to support them along with Cambridge and Easton. It’s a Tri-State; it’s Delaware,
Maryland and Washington D.C. All of those Lodges would be coming to support them and try to
make them viable and whole again.
Mr. Holden questioned if those would be weekly events or would those be determined as time
went on? Responding to Mr. Holden, Mr. Alexander stated that as time went on.
Mr. Holden questioned if they envision planned events that happen every week, whether it is a
membership meeting or other things? Responding to Mr. Holden, Mr. Alexander stated that
membership meetings are the 1st and 3rd Monday night of every month. The Daughters meet the
2nd and 4th Tuesday of every month.
Ms. Edwards questioned what the intended hours of operation would be considering that there
are no events planned right now? What would the hours of operation be until you have some
organized plan of events? Responding to Ms. Edwards, Mr. Alexander stated that they would be
closed by at least 12AM and everybody will be out of there.
Ms. Edwards further questioned if that would be the time for every night of the week?
Responding to Ms. Edwards, Mr. Alexander stated no, this would be for just Friday and
Saturday. They have never been open every night of the week.
Mr. Tolbert questioned if parking has been a problem in the past at this facility. He is raising this
question because the facility is located in a residential community and from what he can see
there is little or no parking at the facility. Responding to Mr. Tolbert, Mr. Alexander stated that
Irish Mike’s has no parking either, but that place is full every weekend. They park on Mary
Street because there is nobody there. They park over by the Reserves.
Mr. Tolbert stated that he raised the question because they are in a residential neighborhood and
if you have a number of people then they would have to park wherever they could and that may
or may not be a problem in the area. Also, during Mrs. Melson-Williams’ overview, she made
mention that you were to have bicycle parking. Responding to Mr. Tolbert, Mr. Alexander stated
that they can do that. As Mrs. Melson-Williams said, they have four dumpsters there. They can
take one of the dumpsters away and make it a bicycle parking area.
Dr. Jones questioned how many members do you currently have? Responding to Dr. Jones, Mr.
Alexander stated that there are twenty-five members and the Daughters have nineteen members.
Dr. Jones stated that as you move your plans forward, should approval be granted, then you
might need to look at the number of guests per member. Responding to Dr. Jones, Mr. Alexander
stated that there is never going to be all of those people there at the same time. They are going to
have someone there counting them as they come and when we get to the limit then whatever
guests aren’t in they won’t get in there.
Mr. Roach stated that he is concerned because the Commission has asked several times what
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type of events they plan to have and on what type of consistency. You are saying that there might
be events that you actually do get to capacity but he really didn’t hear any statements in regards
to what type of events you would have with 103 people there. Responding to Mr. Roach, Mr.
Alexander stated that they will have to sit down and decide that now since alcohol is gone. What
they envisioned is for those people who are from Easton, Cambridge and Washington D.C.
would bring whatever they want to socialize with. They are going to bring their own stuff unless
they have no alcohol in the building at all.
Mr. Holden questioned how would the potential for members to bring their own alcohol into the
facility be governed or not governed by the City? Responding to Mr. Holden, Mrs. Melson-
Williams stated that she can’t pretend to know the State Alcohol Beverage Control regulations;
however, from a City standpoint, with any place of assembly that starts to have the service of
alcohol you get into a number of things from a fire protection standpoint. That may also include
the BYOB option as well. Those numbers are fairly low that trigger a full sprinkler system for
the building which this building does not have.
Mr. Tolbert opened the public hearing.
Ms. Bonnie Pennington – 200 North Kirkwood Street Dover, DE 19904
Ms. Pennington stated that Mr. Alexander told the Commission that they only park on two streets
and that is a lie. They park from Kirkwood Street and Cecil Street all the way to Mary Street and
all around the neighborhood on their grasses. They park everywhere. Her concern with the
alcohol is if the Commission gives them the opportunity to open, they might not serve it but what
about the people coming. They might drink it at the car before going into the club. He sat here
and said they had a sign in sheet when they were open a couple of years ago but they got busted
for lying. They only let so many people sign in and then they got caught with a lot of people who
didn’t sign in. They have more than fifty people in that building because she lives on the corner
and she has seven bullet holes in her house from this club. It starts in the club and ends out in
front of her house. In 2006, she hadn’t even lived there for one year and a man got shot in front
of her house and died from the Elks Club. She is going to fight this tooth and nail because she
does not want that club open. She has a handicapped grandson who lives in her house and he
cannot walk. When bullets fly they have to hit the ground. It is uncalled for, for them to have to
live in a residential neighborhood and have her stuff shot up. Are they going to pay for it? No.
Does she have the money to replace that? No.
Mr. Charles Jackson – Kirkwood Street Dover, DE 19904
Mr. Jackson stated that when he was young back in the late 1970’s, he would go to the Elks. As
years went on, things have changed. We have a problem with gun fire now and fighting out in
the street. One of the problems is that they may not buy the alcohol from the Elks but they bring
their own alcohol. Next thing you know, it gets late in the evening and there are fights and gun
fire. When we first started the issue with the Elks, they met with them and they asked if they
would do a little more to get control of what’s going on. They suggested creating a relationship
with the Police to kind of monitor what’s going on at a certain hour, but they were told that when
they come out of the Elks and get on the curb, it is not their responsibility. If they worked with
the neighbors on this problem, they may not have been here. They want to be safe. One of his
neighbors was in his house sitting in the kitchen and he got up from where he was sitting and
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there was a bullet that came through the window. If he would have stayed in the chair for a few
more seconds he may not be here now. They need someone to make an effort to control what is
going on because taking the liquor license from them doesn’t stop the drinking and carrying on
the way they are doing.
Mr. Tolbert questioned if Mr. Jackson was speaking for himself or for a community
organization? Responding to Mr. Tolbert, Mr. Jackson stated that they have a Kirkwood Street
Neighborhood Watch and he is speaking for them.
Mr. John Marble – unknown (owner of several properties in area)
Mr. Marble stated that he has been here before. He wants to thank each of the Commissioners for
serving in their respected positions and for steering our City through these times with the
economic slowdown, with the Downtown Development and Habitat for Humanity, and the
revitalization. He applauds the Commission for that. The reason he wanted to say that is because
he has been here before and he has done Minor Subdivisions for promoting homeownership. He
is a businessman in the community. He owns nine rentals across the street from the Lodge. They
are low income rentals. Sometimes there are problems with domestic things but it’s not criminal.
He just wanted to say that he was involved with Habitat for Humanity for six years; he was the
Building Committee Chairman. He helped spearhead the rebuilding of this street. About eighteen
years ago he was down here with Mr. Christmas, Mr. Pitts, Mr. Salters and various others. They
had a go-around in this Chamber and nothing had changed. He was accused of things that he was
deeply offended by. We are racially integrated in this community. His wife’s mother lived at 218
North Kirkwood Street in 1953 along with her bother. It is a mixed neighborhood; it is not a
primarily black neighborhood, whatever that means. From a business standpoint, he has got some
information here about crime and neighborhoods. When you have establishments such as this
going on it really does not help what the general plan is for a community. You have Irish Mike’s
which is in a commercial district where there is parking areas. There is a parking garage coming.
You have a Downtown area which is a commercial district. This is a residential district. He
partnered with the City and State; he was the first person to receive the Downtown Development
District Incentive on Mary Street. He used his own money and his own savings to build a
beautiful 1,500 square foot home that he could not even sell. You don’t even have to go to the
neighborhood to found out what’s going on; the Police calls and gun shots. Everybody said they
loved the house but people don’t want to buy it. We just read that there was gun fight last night.
He ended up having to break even on the house which he doesn’t mind because he knew that he
was doing the better thing. You come around the corner and you see that house plus the Dover
Housing Authority houses that they built there; you look like you are entering a development but
you are entering Kirkwood Street. Things have improved and that is what they are trying to do.
He likes the idea of no alcohol. He likes community centers and things of that nature and people
getting involved. If they would put a stipulation that there would never ever be alcohol there then
he would vote for it to be open. They could have prayer group; they could do all kinds of things.
The alcohol is out of control. They are blocking the driveways and there are bottles thrown at
people. Chief Mailey gave them a report showing that as soon as they closed up, crime stopped
80%. The statistics are there. You need to revitalize yourselves; maybe change the name. He
thinks that he could prove that you are affiliated to the Elks; they are an organization. He thinks
that the two lodges have something in common over history because way back when there was
segregation and ugly things like that. Blacks were not allowed in white Elks Lodges back in the
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day. He does not remember that; he loves all people for who they are no matter what color they
are.
Ms. Carmen Hardcastle – 121 North Kirkwood Street Dover, DE 19904
Ms. Hardcastle stated that she is a retired educator. She is the daughter of the late Dr. James C.
Hardcastle. She grew up at 121 North Kirkwood Street. She retired three years ago and she came
back. The first week that she was home she heard gun fire. She didn’t hear all of that when she
was growing up and she had to hit the floor. The incidents report from 2006 to 2015 is from just
the Elks Club. She doesn’t have a problem with the Elks; she used to go the Elks when she was
growing up. Her concern is not inside the Elks; her concern is what goes on after the Elks closes.
They have asked them to hire security for when it closes or someone from the Police Department
to monitor what’s going on after it closes to get the people to move because they park in front of
her house and fights start. She has bullet holes in her house also. She doesn’t like hitting the floor
on the weekends; she doesn’t even want to come out of the house on the weekends when they
open. They shouldn’t have to live like this. Now she sees people walking down the streets, kids
are playing and people are walking up and down the streets. It’s a big difference now. People are
taking their kids to the playground that they have on Mary Street. She didn’t see this in the three
years that she has been back home. If you do allow them to open up, between 12AM when they
close and maybe 1AM, have some kind of security there to move those people on because that is
when the problem arises. They defecate on the side of her house. She has had some work done at
her house and she had workers come and they came to the side and she couldn’t believe it. They
don’t have to hit the floor at night time when they are open because they close and go home to
their homes but they are not living on Kirkwood Street. They shouldn’t have to hit the floor
because of gun shots. She is not saying that it’s because of them; it’s because the Elks Club
brings a bad element.
Councilman Roy Sudler, Jr.
Councilman Sudler stated that he would like to take this moment to share something that he
received. It’s very disturbing but it’s not too bad. (Councilman Sudler shared a message from his
cell phone from a constituent on January 3, 2018 stating to keep the Elks Club closed
permanently.)
Mr. Harold R. Mack - unknown
Mr. Mack stated that he doesn’t think that it’s about ethnicity; it’s not about color. He was
talking about a trend and a timeframe. As far as shootings, that is community policing. We are
talking about community policing that should be occurring in the Dover district. We are talking
about an organization that has been around and has been a trend for those people at one point
who could not have social clubs and things of that nature. It’s not about the black and white
issue; it’s about the pride in that organization. The other side of that is that Delaware is a
transient State. It’s bringing in other types of personalities. He is prior law enforcement himself
with over thirty-one years so he sees a lot. Community policing and crime mapping that they see
that they are coming from New York, Philadelphia and Washington D.C. Looking at these other
residents who have been living there for so many years, it’s not the Dover Elks Lodge that has
caused these shootings and murders. It’s the other transient people who are coming in and
bringing other behaviors. This is why Delaware is in the state that it’s in today. He knows
because they just lost a Correctional Officer Steven Floyd and they talk about the inmate clients
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who come into their community. When the gentleman spoke about the crime that is occurring,
it’s not the Elks Lodge. This Lodge has done numerous things for the community. On April 8,
2016, he gave this Commission something that went on record about the activities that they
asked about. It was a two-page docket that said what they do quarterly, weekly and monthly and
what they have done for the community. Some of that stuff has went to pass and some people
have put it to rest. It is about community treating people like people and this is what this whole
thing is about. It’s not about selling property and the value; it’s about bringing the value back to
the people who live in the community who trust it.
Mr. Vance Thorpe – unknown
Mr. Thorpe stated that he is the Chief Antler for the State of Delaware. He has been a member of
the Elks for fifty years. He has been Exalted Ruler of two Elks Lodges; Wilmington and Newark
and now he is in Dover. The Elks is about community service; however, the way they raise most
of their funds is through the sale of spirits. They have other ways of making money and they are
still about doing community service, civil liberties, conservation of self, helping the needy and
mainly they focus on scholarships for students that may never get the chance to go to college.
This is the major function that they try to do. He’s traveled to Elks Lodges all over and he has
never been turned away from an Elks Lodge when he shows his card. They receive him, give
him the upmost hospitality and treat him like a human being. IPOENW has made preparations to
try to work together because we are all doing the same work. The Masonics now have packs and
they are working together because they all do the same work. They should be about community
service to those that are most unfortunate and may never get a chance to go to college without
the support and help of the Elks. They aren’t about socializing; they are about community service
and this is the main function that they should be under. They went astray with some rulers that
got in and didn’t do what they were supposed to do just like anything else. They are supposed to
be about community service and they have never went against the Constitution of the United
States. They try to make things better and unfortunately some things do get worse.
Mrs. Melson-Williams stated that she does have to reference something in order to put it in the
record. Included in the Planning Commissioner’s packets were copies of correspondence that
was received regarding the application that had been submitted to the Planning Office prior to
tonight’s meeting. They include a series of emails. There is an email from a Mr. Benjamin Black
of 213 North Kirkwood Street. He expresses his concerns about the re-opening of the facility.
That was an email dated December 2, 2017. It was sent to Councilman Sudler and also to Mayor
Robin Christiansen. There is a second email from a Mr. Travis Thompson who lives at 226 North
Queen Street. That is an email dated December 6, 2017 that is expressing concerns about
activities in the area. There is an information document that was forwarded to the Planning
Director by Mr. Roy Sudler via email from December 7, 2017 with the request that it be
provided to the Planning Commission in regards to the application. (Note: Councilman David
Anderson requested that this information on 217 North Kirkwood Street be made part of the
record for the conditional use request. The Request was made by motion at the Parks Recreation
and Community Enhancement Committee Meeting of February 13, 2018.) It’s some statistics
from the Dover Police Department covering timeframes in 2016 and 2017. It’s a series of charts
and bar graphs.
Mr. Tolbert closed the public hearing.
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Mr. Alexander stated that he thinks the gentleman misunderstood him earlier. It wasn’t about
color or race. He was just trying to give the history of how blacks try to help each other out and
the only place they had was in a black neighborhood. It wasn’t anything about black and white.
He is sorry if anyone took it that way. He also said in the beginning that the capacity of that
building was 103 people; he didn’t not say 50.
Mr. Holden stated that he thinks with any Conditional Use and as Code directs, the applicant is
required to show that their application is in compliance with public health, safety, welfare and
convenience of the local public and in harmony of the character with the local area. He thinks
that they have heard a lot of comments from the public over strong concerns from historical
issues. They have seen some information from the Police that addresses the apparent correlation
of those issues that seem to follow along with the public’s statements. He doesn’t think that they
have heard from the applicant, an acknowledgement of those issues nor a path to address them.
Mr. Holden moved to deny C-17-06 Pride of Dover Elks Lodge at 217 North Kirkwood Street for
the reasons stated above, seconded by Ms. Edwards and the motion was carried 9-0 by roll call
vote. Mr. Holden voting yes; for the reasons stated in the motion. Mr. Roach voting yes; due to
the concerns from the community in regards to the parking and the crime in the area once the
club was closed. Ms. Edwards voting yes; as a Rotarian and immediate Past President of a
Rotary Club she understands the importance and how critical community organizations are to
the community but based on the reasons previously stated and the outpouring of concern from
the community she is inclined to approve the motion as stated. Mr. Holt voting yes; he feels sorry
for the Elks because he thinks that they do a good job but they are kind of between a rock and a
hard place and the hard place is that they have had peace and tranquility in the area and they
can’t have it the way things are at this present time. Mr. Baldwin voting yes; he understands that
the Elks do good work; however, after listening to the neighbors and past history he thinks that
it’s perhaps just in the wrong location. Dr. Jones voting yes; she is concerned that we were not
able to get additional specific information regarding community service. She is very familiar
with the Elks and she just thinks that there could have been a better presentation to talk about
the connection between the services of the Elks and the community. Mrs. Welsh voting yes; she
agrees with what Mr. Holden and Dr. Jones said about more information regarding the specifics
of the organization such as things like what specific hours they intended to have meetings and
what times the meetings would have ended. Those types of specific details she thinks would have
helped a lot for giving the information as to their service to the community. Ms. Maucher voting
yes; for reasons previously stated and community organizations do a lot. It would have been
good to hear that you recognize the problems that you have had and what you can do aside from
not serving alcohol to address some of the concerns of the community going forward. Mr.
Tolbert voting yes; unfortunately, the presentation that was presented to the Commission was
overwhelmingly negative about all of the problems that have occurred in a residential area
where this facility is located. Although they have had a good record of doing community and
public service, that was not brought out in this hearing. The presentation did not cover all that
needed to be covered given the history and the record of the Elks Lodge. He is compelled to vote
in favor of the motion and he would hope with all of his heart that you do not stop, that you
continue to try to make the Elks what you intended for it to be. Alcohol is never a good thing
unless it is absolutely controlled.
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2) Series of Text Amendments to the Zoning Ordinance: The three sets of Text Amendments are
grouped into Proposed Ordinance #2018-06. They are available on the City’s website
www.cityofdover.com under the Government Heading: Ordinances, Resolutions & Tributes.
https://www.cityofdover.com/ordinances-and-resolutions. The Planning Commission will
conduct a Public Hearing on each Text Amendment for recommendation to City Council.
The Final Reading/Public Hearing at City Council is scheduled for Monday, August 27, 2018
at 7:30pm.
a. MI-18-05 Text Amendments: Addition of IPM3 Zone (Zoning Ordinance, Article 3
§20 & 24, Article 4 §4.16, Article 5 §8, and Article 12) – Public Hearing and Review
for Recommendation to City Council of Text Amendments to the Zoning Ordinance,
principally Article 3 §20 - Industrial Park Manufacturing Zone. The proposed
ordinance adds a new subsection 20B for the IPM3 Zone (Industrial Park
Manufacturing Zone- Industrial Aviation and Aeronautics Center). The new zone is
an industrial zone focused on permitting businesses in aviation and aeronautics-
related industries. Changes are also made to the City’s Bulk Standards and
Performance Standards to ensure the new uses will be covered under those standards.
Representative: None
Mr. Diaz stated that there are three sets of proposed text amendments. They are all going to be
part of the same Ordinance update to the Zoning Ordinance if recommended, when they go to
City Council next month. The first amendment is the proposed addition of an IPM3 Zone to the
Zoning Ordinance. This designation would be similar to the existing IPM and IPM2 zones and
that would be a zoning primarily focused on industrial parks. It would be different in that this is
titled to be the Industrial Aviation and Aeronautics Zone which would be a zone focused mainly
on aircraft and aviation related uses. The reason for adding this zone to the Zoning Ordinance
was concerns by the runners of the Civil Air Terminal in Dover and hoping to do some
development of the Kent County Aero Park that is next to them to build industry in that area. If
this zone designation is successfully added to the Zoning Ordinance, they would follow up this
process with a Comprehensive Rezoning to rezone some properties in that area to the new zoning
designation in order to ultimately develop that industrial park with aviation and aeronautics
related uses. The zoning designation includes a number of provisions designed to basically make
it easier for developments of that type to be in the zone; things like a reduction in the typical tree
planting requirement because trees can attract birds and other wildlife that may interfere with
aviation uses. The Text Amendment contains a full list of the changes that are proposed for that
zone.
Mr. Tolbert opened the public hearing and after seeing no one wishing to speak, closed the
public hearing.
Ms. Maucher questioned if it would have been possible to amend an existing ordinance rather
than creating a new one or was the detail that was required so sufficient to require a new
ordinance? Responding to Ms. Maucher, Mr. Diaz stated that during the discussions that they
had with the representatives of the Kent County Aero Park, there were a number of options that
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were discussed at the beginning. One of them was amending the existing Industrial Park zones to
allow aviation related uses but in the end they thought that they don’t want to open the other
industrial parks in the City to these types of uses because they are really supposed to benefit
from proximity to the Civil Air Terminal and the Air Force Base itself. That is why they thought
that a new zoning district would be the most appropriate course of action.
Dr. Jones moved to recommend approval to City Council for MI-18-05 Text Amendments:
Addition of IPM3 Zone (Zoning Ordinance, Article 3 §20 & 24, Article 4 §4.16, Article 5 §8, and
Article 12), seconded by Mrs. Welsh and the motion was carried 9-0 by roll call vote. Mr.
Holden voting yes; due to Staff comments and he thinks the potential economic benefit for our
regional footprint is impactful. Mr. Roach voting yes. Ms. Edwards voting yes; for reasons
previously stated. Mr. Holt voting yes; due to Staff comments and the work that they put into it.
Mr. Baldwin voting yes. Dr. Jones voting yes; for the reasons previously stated. Mrs. Welsh
voting yes; for the reasons previously stated. Ms. Maucher voting yes; for the reasons previously
stated. Mr. Tolbert voting yes; for all of the reasons stated and this change is absolutely needed.
b. MI-18-06 Text Amendments: Replacement of Maximum Parking Requirement
(Zoning Ordinance, Article 4 §4.15 & §4.16, and Article 6 §3) – Public Hearing and
Review for Recommendation to City Council of Text Amendments to the Zoning
Ordinance in Article 4 and Article 6 to remove the existing maximum parking
standard and replace it with new impervious cover (lot coverage) limitations where
excessive parking lot size is of particular concern in commercial and industrial zones.
The existing standard sets maximum parking for any use at 125% of the minimum
required. Under these Text Amendments, this standard would be replaced with lot
coverage limitations for the C-3, C-4, RC, IPM, IPM2, and M Zones, all of which
currently lack any such limitations.
Representative: None
Mr. Diaz stated that this text amendment is intended to address a provision in the Zoning
Ordinance that has been a frequent concern of developers and also a frequent request of relief at
the Board of Adjustment. The current Zoning Ordinance has a maximum parking requirement.
The Zoning Ordinance sets for pretty much all uses, a minimum parking requirement that is
based on things like square footage or number of employees or apartment units. It is a greatly
varying list of possible things determining what that number is but there is also a maximum
parking requirement that is set at a uniform 25% over the minimum. While this amendment has
been intended to combat the proliferation of extremely large parking lots that often are not filled
to capacity, the Ordinance has caused problems especially for very small businesses that have
greatly reduced flexibility due to the 25% over limit. For instance, if you have a business that
requires ten parking spaces they are only allowed to build an additional two spaces before hitting
the maximum. Because this Ordinance has not been really functioning as intended, they propose
to replace it with a new way to control the size of very large parking lots and that is to institute a
maximum impervious surface coverage for a number of the zones in the City. Particularly, it is
for the more intensive commercial zones where such an impervious surface coverage
requirement did not previously exist. It is different for each of the zones but it would be in the
65% to 85% maximum lot coverage for the zones that do not previously have this designation.
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They believe that this will work towards controlling the parking lot size problem.
Ms. Edwards questioned how we currently determine the amount of impervious surface and if
we remove that and replace it with a maximum lot coverage, what would the new calculation
look like? Responding to Ms. Edwards, Mr. Diaz stated that the current lot coverage is
determined by adding up the total square footage of all impervious surfaces on the property; so it
includes the buildings, the parking lot and any sidewalks. For residential properties, it includes
driveways, patios, etc. It does include gravel areas if the property is legally able to have those.
The intent is that by putting a limit on maximum lot coverage for these zones that did not
previously have any that the developers will have to basically make a balance between the
building, the parking lot and other impervious surface areas. If they wanted to have a bigger
parking lot, then they may need to have a smaller building. Those considerations previously,
often did not come into play when developing the intensive commercial zones and industrial
zones such as the C-3, C-4 and the IPM Zones.
Ms. Edwards further questioned how we now determine the number of parking spaces? Is it
based on square footage of the building? Is it based on the number of people who are going to
occupy the building or the number go businesses that occupy a building? How do we determine
that now? Responding to Ms. Edwards, Mr. Diaz stated to determine the minimum parking that
is required, there are a variety of ways that are used. In most cases, it is based on the square
footage of the building or the number of employees who are employed in the building;
whichever is greater. There are also a number of specific uses that are listed in Article 6 of the
Zoning Ordinance that have their own parking requirements that are specific to that use.
Ms. Edwards questioned how we would determine the new amount of parking space?
Responding to Ms. Edwards, Mr. Diaz stated that the way to calculate the minimum number of
parking spaces would not change under this Ordinance.
Mr. Holden questioned if this creates new and/or increase in the allowable lot coverage ratios?
Are we bumping up numbers that were previously a less percentage of maximum allowable lot
coverage? Responding to Mr. Holden, Mr. Diaz stated that this Ordinance is introducing
maximum lot coverages for zones that did not previously have any maximum lot coverages. For
instance, for the C-4 Zone the previous maximum lot coverage was not specified. By specifying
a specific lot coverage, they can assume to be reducing the maximum lot coverages from
previously allowed 100%.
Mr. Holden stated that the IO and CPO Zones did have previous maximum lot coverages.
Responding to Mr. Holden, Mr. Diaz stated that is correct.
Mr. Holden stated that as he understands this, the maximum allowable parking spaces now is
really just limited by how much of that lot coverage percentage an applicant wants to utilize for
parking. Responding to Mr. Holden, Mr. Diaz stated yes, that is correct.
Mr. Holden stated that he thinks the maximum parking spot limitation was driven in some part to
protect against a big box store or others from creating a sea of parking that might be desired to
create easy parking and easy access to a store where from an aesthetic or other standpoint; we
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don’t necessarily want seas of parking in the City. His concern here is that you can get around
any of that by just buying more land and putting a sea of parking around it. Did we consider an
approach to take the 125% to 150%? It makes him a little uncomfortable in his view to remove a
maximum for any extent practical purpose. Is there another approach that was considered? Why
go this route? Responding to Mr. Holden, Mr. Diaz stated that when they first started having this
discussion, they did talk about increasing the maximum allowed parking from that 25% ratio to a
higher one or potentially introducing a tiered system, for instance, if your business requires a
very small amount of parking spaces it would be a higher allowed maximum. For instance, the
ten spaces that he previously mentioned could go up to 200% and then when you get to like
twenty-five spaces it could go down to 150%. The problem with that was that it created sort of
pinch points in the tiers where if you were required just one parking space more or one parking
space less than the maximum you allowed would be drastically different. For that reason, they
thought that it would be best to scrap the maximum all together and look for a different solution.
Mr. Holden stated that it is a challenge but he thinks that he would really much prefer to find if
we had a tiered approach or a simple equation that related the parcel size or development size to
account for those smaller lots. That 150% addition is only an additional half parking spot. If an
application with a big box store wants a sea of parking, they just need to buy a parcel big enough
to build a sea of parking and accommodate their store. How does this approach guard against that
concern? Responding to Mr. Holden, Mr. Diaz stated that there is only so much developable land
in Dover. The big open areas where one could potentially build a parking lot, there aren’t as
many as their used to be. If an applicant wants to buy land and demolish buildings specifically to
build just parking; he is talking about removing productive uses specifically so that they can add
to their parking area is going to be a business consideration that they are going to make. He
doesn’t know if that makes Mr. Holden more comfortable or not but he doesn’t think that it’s
likely that they would do that.
Mr. Holden stated that there are large lots left. The lot on the south side of Home Depot for
example, that’s a big area. Those maximums were created at some point to guard against
applicants that they had and the perception of some of the commercial businesses and the paving
areas that we do have within those. He thinks that the reality is there that are some businesses
may push there. He would like a tool that allows them some purview over that and he doesn’t see
a need why that can’t be at the Planning Commission. At times, they have had applicants come
and provide information from other stores that supports that their specific use really demands a
specific amount of parking. He thinks that this group has been very open to those discussions.
Increasing that ratio whether via tiered or via a simple equation that doesn’t create those tier
pinch points, gives us that ability without having to send the applicant to the Board of
Adjustment which he thinks is negatively impactful for economic growth when you have that
uncertainty. He thinks that the Planning Commission is typically very open to working with the
applicant. He would really rather see this reworked in that fashion. Responding to Mr. Holden,
Mr. Hugg stated that when they first considered this approach, one of the analysis that Staff did
was to actually look at majority of the larger development projects that have occurred in Dover
in the last four or five years and also the number of variances to the parking requirements that
have come before the City for approval. These numbers were not picked out of the air; they were
sort of tied back to what they are actually seeing applicants ask for variances to actually develop.
The difficulty that we have is rather is 125, 150 or 160 or whatever the number is, it’s an
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extremely arbitrary number that as soon as you set it you have an exception that has to be granted
because it creates that particular use difficulty. It seemed to them that there were really kind of
two objectives here. The first one was to address this issue of if you have a doctor’s office and
the Code says you have to have ten spaces and the maximum that you can have is 12.5 then you
probably still don’t have enough parking. Doctor’s offices and those kinds of uses have sort of
peaks and valleys and high turnover and may very well need twenty-five parking spaces. A
bakery may not need that kind of turnover. Coming up with a standard or set of percentages or
maximums seemed to be pretty much unworkable. The other objective was to put some of the
decision making burden back on the developer and say you’ve got a choice now. You can’t
exceed 65% coverage so you figure out what makes the most economic sense. As Mr. Diaz said,
that puts the choice of do they go for a lot of parking and end up with a much smaller building or
do they go with a bigger building and modify the parking. Those kinds of decisions belong in the
hands of the developers and the people who are doing the development. He doesn’t think that it
belongs in the hands of Staff to say that it says a certain number. This is one of the half a dozen
or so major obstacles that he heard fourteen months ago when he came on board from the
development community. They said that Staff was trying to put a box around some of these
decisions that either didn’t fit and made them come back here and ask for a waiver for their
parking or just created some difficulties that didn’t seem to aid in economic development. It’s
always a challenge to figure out what kind of approach works best. Starting with what has been
the actual experience over the last five years with a variety of development projects is how they
came up with these 65% and 75% limitations. It’s probably the realistic approach to making
these kinds of decisions rather than saying you can’t have more than 125% of something.
Ms. Edwards questioned how this amendment affect existing businesses? In Mr. Hugg’s example
of the doctor’s office who may need twenty-five spaces but only has twelve. How does this
amendment effect existing businesses or is this just strictly for new construction? Responding to
Ms. Edwards, Mr. Hugg stated that this would be proactive. If an existing business is already
under that limitation like any other they come back and go through the approval process again
and modify their plan. For new businesses, this would give them that flexibility. There is just a
handful of these that really create issues because they have doctor’s offices, restaurants and
certain kinds of businesses have very high parking peaks. At 3PM in the afternoon there is
nobody parked there, from 5-9PM there are people parked everywhere and at 9PM there is no
need for parking so that standard just doesn’t work well as an absolute.
Ms. Maucher questioned if Staff had reviewed this with the development community and do they
seem satisfied that these percentages would work for them to avoid issues going forward?
Responding to Ms. Maucher, Mr. Hugg stated that this proposal has been shared with a number
of the developers and the people that were involved in the group that he put together when he
first came on board to look out how to solve this problem in an effective and efficient manner.
He thinks that some of the engineering community generally feels much better working with
figuring out 65% impervious cover because they can manipulate how they use the lot and how
they deal with stormwater and other things as opposed to trying to fight to get to an artificial
number or come in with a variance.
Mr. Tolbert stated that if this amendment is approved it will give the Planning Office more
flexibility in parking requirements.
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Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, closed the public
hearing.
Ms. Maucher moved to recommend approval to City Council for MI-18-06 Text Amendments:
Replacement of Maximum Parking Requirement (Zoning Ordinance, Article 4 §4.15 & §4.16,
and Article 6 §3) to give more flexibility in the maximum number of parking spaces, seconded by
Mrs. Welsh and the motion was carried by 8-1 roll call vote. Mr. Holden voting no; he thinks
that they can accomplish the same thing via a method that does provide some maximums but with
greater certainty to the development community. Mr. Roach voting yes; to give the Planning Staff
the flexibility and the Commission is still able to vote on it when it comes to them. Ms. Edwards
voting yes; she presumes that if it’s determined at some point in time in the future that this does
not work as amended then they would take a look at it at that point. Mr. Holt voting yes. Mr.
Baldwin voting yes; for reasons previously stated. Dr. Jones voting yes; for reasons previously
stated. Mrs. Welsh voting yes; for reasons previously stated. Ms. Maucher voting yes; for
reasons previously stated. Mr. Tolbert voting yes; it does provide some flexibility and if at some
point in time they need to change it then it can come back before the Commission.
c. MI-18-07 Text Amendments: Vehicle Signs (Zoning Ordinance, Article 5 §4) –
Public Hearing and Review for Recommendation to City Council of Text
Amendments to the Zoning Ordinance, Article 5 §4 intended to clarify what
qualifies as a vehicle being used for the sole purpose of signage. Under the
current Ordinance, vehicles are not permitted to be used for the sole purpose of
signage. The Text Amendments would provide a list of criteria the City Planner
can use to make a determination that this provision has been violated. It also
specifies that vehicles in violation are to be moved to an area of the property
where they are not visible or less visible.
Representative: None
Mr. Diaz stated that this amendment regards signs that are placed on vehicles. He is sure
everyone here has seen a vehicle that has a sign on it, whether it’s a Domino’s Pizza truck or a
Comcast truck or a truck that has a banner saying please come this way to our business. There is
currently in our Ordinance a provision that says that vehicles cannot be used for the sole purpose
of signage; however, the Inspections Office has had trouble enforcing this provision in the past
because there isn’t a clear definition of what “used solely for the purpose of signage” really
means. If you drive around the City today you can see a number of vehicles that move rarely or
not at all that have logos belonging to nearby businesses on them. But it has not been easy to
determine for certain that all of these vehicles are in fact being used for the “sole purpose of
signage.” The purpose of this Ordinance amendment is to give the Planning and Inspections
Office some clarity and criteria on how to actually apply this requirement so that moving
forward into the future they can make sure that they are able to enforce the Ordinance. The major
part of it gives a list of criteria that the Planning Office can use to make determinations. There is
also a Staff amendment on the table that has done some work to consolidate those criteria into a
few more concise ones. It also clarified the number of criteria that would need to be met before a
determination could be made. The Ordinance can be either recommended as it stands tonight or
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CITY OF DOVER PLANNING COMMISSION JULY 16, 2018
recommended with inclusion of the Staff Amendment.
Ms. Maucher questioned if Staff could give them an idea of what problem this is meant to cure?
Responding to Ms. Maucher, Mr. Hugg stated like that Thai Restaurant van parked in the parking
lot with a one-way directional arrow on it saying “Thai Restaurant”. That is clearly a vehicle
being used for sign purposes; it never moves and it would make no sense if it were turned around
in the other direction. When the mulch guy was on DuPont Highway near the Indian restaurant,
there was a big van truck out there that said “Mr. Mulch”. That vehicle never moved and it was
clearly an advertising sign. The Cold Stone Ice Cream place had a van parked for a long period
of time that never moved and was clearly being used as advertising. The former La Tolteca had a
van box truck backed in at an angle clearly taking advantage of that issue. When he did a survey
earlier in the year looking at this issue which was actually brought to his attention by a member
of City Council, he thinks that there were 12 or 13 potential violations. They were really
questions of is this vehicle being used solely for the purposes of a sign because they didn’t have
any real criteria. That said, does it go home at night, is it backed away from the highway at night
time, is it moved around or do they make deliveries in it? It was very difficult to bring any kind
of enforcement action. The desire was to provide some criteria so that there would be some basis
for making that kind of determination; being equitable to other people who aren’t allowed to
have trucks with signs on them and have to meet sign requirements; and to avoid the
proliferation of these kinds of vehicles up and down the highway. He does want to make the
point for the record too that the Staff Amendment is a result of the discussions that took place at
the Council Committee of the Whole Workshop. They received important input from that
meeting to make sure that they were achieving the desire that they were hoping to receive but not
penalizing people who had vehicles that had signs on them that were used in the regular course
of business. Staff recommends the Amendment which is the version of the Ordinance that was
recommended from the Council Committee of the Whole for consideration by the Planning
Commission.
Mr. Holden stated that he appreciates this potential opportunity to address some of those issues
that were just described. He wonders if they have thought of if the vehicles are parked in an
identified parking spot. He can think of a few of these potential uses of a vehicle really kind of a
sign first and only where they park a vehicle on a corner. He thinks is a safety concern but also
isn’t really an identified parking spot although it is within a lot where there is specified striping.
Is there an avenue to or has there been some consideration of including a criteria item that would
identify vehicles that are routinely parked in areas that are not specified striped parking spots?
Responding to Mr. Holden, Mr. Hugg stated that where people are parking vehicles generally is
subject to a number of provisions already in the Code that relate to where vehicles are parked.
This particular issue has to do primarily with the question of business signage and the use of
vehicles as a sign for a business. It is a much stricter focus.
Mr. Holden stated that he thinks of the staffing agency that is next to the deli on Governors
Avenue just a couple businesses down from the Becker Morgan Group. They typically park the
van with signage on it cattycorner right on the corner so that it’s almost on top of the sidewalk.
It’s right on the backside of the historical Green and there certainly doesn’t seem to be a striped
parking spot there. Within the specific attempt to address vehicles being used as signs
inappropriately, has there been discussion over adding criteria that would allow you to address
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CITY OF DOVER PLANNING COMMISSION JULY 16, 2018
those if they were not parked in identified striped parking spots or is that not needed because of
the other parking criteria within the City? Responding to Mr. Holden, Mr. Diaz stated that one of
the criteria is that if a vehicle is parked so that its signage is currently displayed to the public
when a more discrete parking space is available on-site, they would consider that pointing to that
vehicle being solely used as signage. In the case that Mr. Holden mentioned with the vehicle
cattycornered, it sounds like it is parked in a location specifically to be very prominently
displayed to the public. Since there are parking spaces available on the lot that it could use then it
should be using those instead of the cattycorner under this criteria.
Mr. Holden stated that he would suggest maybe adding a criteria that allows Planning Staff the
discretion that if it meets one of the other criteria and is also parking itself in an area that is not
an identified striped parking spot then it would give an additional criteria tool to address the
issue that he thinks they are trying to address here. Responding to Mr. Holden, Mr. Hugg stated
that he thinks that he understands what Mr. Holden is suggesting. That would not be a provision
that would be in the vehicle sign provisions which is what this particular amendment solely
addresses. There are existing requirements and Staff can certainly go back if some of them need
to be addressed as well. He knows that you can’t park in a manner that blocks the line of sight at
an intersection and you can’t park a vehicle on the grass. There is a whole series of parking
related issues that perhaps they should take another look at but this particular issue was intended
to deal solely with the applicability of the sign provisions and vehicles. He is not sure that this is
the right section of the Ordinance to address some of those provisions of someone parking in a
non-designated area or parking in a manner that blocks sight or creates a traffic hazard.
Mr. Holden stated that he thought it’s another manner to reflect a vehicle being used specifically
to be a sign and it would help if we are looking for tools or criteria that make that clear.
Ms. Maucher questioned if this is going to create problems for the small business that might have
a vehicle for deliveries and they only deliver two or three times a day and the car doesn’t go
home, it stays at the place of business? In the Cold Stone example, they might do deliveries but
not that frequently but when they do they want their signage on their vehicle. Responding to Ms.
Maucher, Mr. Hugg stated that he thinks it actually does the opposite. He thinks that it clarifies
the conditions under which those kinds of activities occur. One of the criteria is, does the vehicle
move at all during normal business hours? There are numerous vehicles with business signs on
them that are used for those types of purposes that are moved during the day and that clearly
have a signage value but they are not being used solely for a sign. By having a criteria regarding
if the vehicle moves during normal business hours, the operation of the business needs to reflect
the fact that they are trying to separate out those vehicles that are backed into a space or backed
up next to the highway and sit there. Clearly in some cases, they can become inoperable which
there are other Code provisions to deal with that.
Mr. Holt questioned if there anything that you would give somebody that objected some of the
things in this Ordinance? Maybe they have some reason for that sign on that vehicle. Is there an
opportunity for them to come before the City or this group and express their concerns on why
they feel that their sign is necessary? Responding to Mr. Holt, Mr. Hugg stated that the
administration of this Ordinance would fall under the Code Enforcement section and if someone
was cited then there are appeal mechanisms for seeking recourse to that situation. He doesn’t
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think that we need to specify that here since it is already provided for elsewhere in the
Ordinance. Clearly, the idea here is that Code Enforcement Staff now has the opportunity to not
have to make a hard judgment call on whether the vehicle is being solely used for signs or not.
Mr. Tolbert stated that all businesses pretty much have their names on their vehicles. He is
thinking of one business in particular; the businesses that rent furniture. They have several
vehicles and there are always vehicles parked near their facility. Even if they have vehicles
moving, there are always vehicles parked near their facility and you would have to make a
determination whether it’s being used solely as a sign. When you have more than one vehicle
there is always going to be vehicles parked near the facility. There are a number of businesses
that have more than one vehicle that are parked near their business. You would have to make a
determination whether it was a sign or an operable vehicle and that may be problematical at
times. Responding to Mr. Tolbert, Mr. Hugg stated that is the intent of this modification to this
Ordinance is to provide some criteria to help make that decision. There are businesses where the
vehicles don’t necessarily move everyday like people who do catering and things of that nature.
A vehicle may sit for 3 or 4 days until the weekend when they have a catering job. Right now,
there is no real criteria to help make a decision and what they are trying to do is provide some
guidance for addressing those issues.
Mr. Tolbert stated that the way this amendment is written, will it help alleviate the problem?
Responding to Mr. Tolbert, Mr. Hugg stated that they believe that it will because they believe
that it will allow them to identify and address those vehicles that are clearly being used for signs
without imposing an additional burden on others.
Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, closed the public
hearing.
Mr. Holden moved to recommend approval to City Council for MI-18-07 Text Amendments:
Vehicle Signs (Zoning Ordinance, Article 5 §4) inclusive of Staff Amendment Number 1,
seconded by Mrs. Welsh and the motion was carried 9-0 by roll call vote. Mr. Holden voting yes;
due to Staff comments. Mr. Roach voting yes; for the reasons previously stated. Ms. Edwards
voting yes; for the reasons previously stated. Mr. Holt voting yes; for the reasons previously
stated. Mr. Baldwin voting yes. Dr. Jones voting yes; for the reasons previously stated. Mrs.
Welsh voting yes; per the discussions tonight. Ms. Maucher voting yes; for the reasons
previously stated. Mr. Tolbert voting yes; Staff gave them a thorough understanding of what this
amendment is intending to do.
NEW BUSINESS
1) MI-18-10 Eden Hill Farm TND Residential District: Architecture Concept – Update on the
Meeting Task assigned to Staff by Planning Commission at June 18, 2018 regarding the
request for Consideration by Planning Commission of an Architecture Concept for
townhouse units and an Architecture Concept for single family detached dwellings (in a 55+
community format) with a request for removal of alleys within the Eden Hill Farm TND:
Residential District. The property is zoned TND (Traditional Neighborhood Design Zone).
The owner of record Eden Hill Residential, LLC. Property Address: area southeast of
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CITY OF DOVER PLANNING COMMISSION JULY 16, 2018
intersection Wemyss Road and POW-MIA Parkway. Tax Parcels: areas on map ED-05-
076.04. Council District 2.
Representative: None
Mrs. Melson-Williams stated that this item was part of the agenda in June 2018 where the Eden
Hill Farm Residential District brought for the Planning Commission’s consideration, a couple of
architectural concepts related to the townhouse units and a proposal for some single family
detached homes in a 55+ community format that would also seek to remove alleys in that
Residential District. After a lengthy discussion at the Planning Commission meeting last month,
the Planning Commission in their motion indicated that Planning Staff should meet with Ryan
Homes prior to this meeting to discuss the application. They actually met with Ryan Homes and
representatives on their design team on Monday, July 9th. They have a path forward that involves
what Planning Staff can consider through an administrative process and that is focusing on the
townhouse area of the community. There are some lot conversions from other unit types to
townhouses that Staff can review through an Administrative Plan review process. With the
discussion ultimately relating to the southern portion of the project where they hoped to do the
55+ community, they came to the conclusion that it in fact will need to be a formal application to
the Planning Commission with a full Public Hearing in order to present a Revised
Implementation Plan for that area of that TND Residential District. Along with that would be any
proposed changes or amendments to the Comprehensive Design Standards Manual also known
as the Pattern Book in order for them to present the concept that they hope to build in that area.
Staff has met with them as requested by the Commission and she thinks that all sides have a clear
understanding of the potential paths forward. At this point, it would be their burden to submit
either administrative plans for review by Planning Staff or a future formal application to bring
back before this body.
Dr. Jones questioned if the builder is on board with the path forward that was discussed at the
meeting. There were some pretty definite statements made at the last Planning Commission
meeting. Responding to Dr. Jones, Mrs. Melson-Williams stated that they met with
representatives of the builder and the potential owner of the development. She is not aware if
they are contractually obligated to the project at this point but Staff provided what the path
forward would be to do something other than what is the recorded plan that is currently on file
with the City.
Mr. Tolbert stated that the spokesman at the last meeting was very adamant about what they
won’t do so he doesn’t know where we are with this application at this point.
Mr. Holt questioned if they think the applicant will come back before the Commission and give
us an idea of what their plans are? Responding to Mr. Holt, Mr. Tolbert stated that they have
heard Mrs. Melson-Williams’ update and they can formally accept that update and wait to see
what happens beyond this.
Dr. Jones moved to accept Report update on MI-18-10 Eden Hill Farm TND Residential
District: Architecture Concept, seconded by Mrs. Welsh and the motion unanimously carried 9-0
by voice vote.
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CITY OF DOVER PLANNING COMMISSION JULY 16, 2018
2) Project for Dover’s 2019 Comprehensive Plan
a. Update on Project Activities
b. Evaluation of 2008 Goals and Recommendations
Mrs. Melson-Williams stated that Staff has been working on the 2019 Comprehensive Plan.
They are getting very close to 100% participation by this board. The Historic District
Commission is also very close to having 100% participation in the evaluation of the 2008 Goals
and Recommendations. If you have not done the online survey that has been active for almost 4
weeks, please do so. They have done some outreach related to housing. Information on the real
estate market was heard last week at Economic Development Committee. There was a discussion
with that and Staff will be doing some follow-up. They did have the meeting in June with the
educational people focusing on economic development. Staff at this point, is really trying to
focus on their assigned chapters because they very shortly need to be writing like crazy.
Mr. Diaz stated that they have 287 survey responses as of this morning.
Mr. Hugg stated that they are going to cut the survey off at the end of July. The Central
Delaware Chamber of Commerce volunteered to do a burst survey distribution for them last
week so he expects to clear the 300 mark quickly. They are getting a lot of good response from
across the community by age and incomes and those kinds of things. They will start analyzing
that information in early August and Staff will be doing some map exercises to look at the
existing plan and identify areas that they want to think a little more about or perhaps do a little
more analysis on. They are making great progress.
Ms. Edwards questioned how we are getting the survey out to the public? Responding to Ms.
Edwards, Mr. Diaz stated that the survey has been distributed a number of ways. They put
physical paper copies in numerous City locations including the Library, the Pitts Center, the
Customer Service Department at Weyandt Hall and City Hall. They also released it by news on
the City’s Facebook page and it’s been echoed by a number of organizations. The currently plan
also for their final push is to advertise it on Dover TV.
Mrs. Melson-William stated that you can get the link to the survey from the City’s website
www.cityofdover.com. Through the Planning Office section there is a page that is specific to the
2019 Comprehensive Plan. You will see some basic information about the project and it includes
the survey link and there is also an email address to send messages to.
Meeting adjourned at 9:22 PM.
Sincerely,
Kristen Mullaney
Secretary
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MI-18-03 Text Amendments: Manufactured Housing and Land Lease
Communities (Dover Code of Ordinances, Chapter 66 and Zoning Ordinance,
Article 3, Section 8 and Article 12) – The Planning Commission on March 19,
2018 tabled action on the Review of Proposed Ordinance #2018-01 of Text
Amendments to the Dover Code of Ordinances, Chapter 66 - Manufactured Homes,
Mobile Homes, and Lend Lease Communities; to Zoning Ordinance, Article 3,
Section 8- Manufactured Housing (MH) Zone; and to Zoning Ordinance, Article 12-
Definitions.
• The proposed ordinance reorganizes and clarifies a portion of the updates to the
Dover Code made in August 2016 through Ordinance #2016-16. The proposed
ordinance also brings the updates into compliance with provisions of the Delaware
Code related to manufactured housing and rental housing, particularly Title 25,
Chapters 53, 55, 70, and 71. The updates affected include requirements for placing
and licensing manufactured homes, standards for management and maintenance of
land lease communities, taxation, and code enforcement. A distinction is also made
between manufactured homes and permanently placed manufactured homes in the
Zoning Ordinance.
• A copy of the original proposed Ordinance #2018-01 is available on the City’s
website www.cityofdover.com under the Government Heading: Ordinances,
Resolutions & Tributes. https://www.cityofdover.com/ordinances-and-resolutions
• The Legislative, Finance, and Administration Committee reviewed the proposed Text
Amendments on February 13, 2018 and the First Reading before City Council
occurred on February 26, 2018. The Public Hearing before the Planning Commission
occurred on March 19, 2018. The Public Hearing and Final Reading before City
Council did not occur as anticipated on April 9, 2018; The agenda for the City
Council Meeting of April 9, 2018 notes a recommendation to Postpone the Public
Hearing and Final Reading of Proposed Ordinance #2018-01.
• The Planning Commission took action to table the Application seeking additional
information. This package contains material previously presented as well as the
results of Planning Office efforts to improve the proposed Ordinance. Contents of
this package include:
o A Report on proposed Staff Substitution #1 to the original Ordinance.
o Proposed Staff Substitution #1, dated August 8, 2018.
o DAC Report for Proposed Ordinance #2018-01 (presented at the March 19, 2018
Planning Commission meeting)
o Original proposed Ordinance #2018-01 (presented at the March 19, 2018
meeting)
o Excerpt from minutes of the March 19, 2018 Planning Commission meeting
Página 28
PETITION TO AMEND TEXT of
Dover Code of Ordinances and Zoning Ordinance
Report to the
Dover Planning Commission
August 20, 2018
Proposed Changes: Text Amendments to the following:
• Dover Code of Ordinances, Chapter 66 – Manufactured Homes
• Dover Code of Ordinances, Appendix B: Zoning (Zoning
Ordinance)
o Article 3 – District Regulations, Section 8 –
Manufactured Housing Zone
o Article 12 – Definitions
• Dover Code of Ordinances, Appendix F – Fees and Fines,
Chapter 26 Businesses, Article II – Licenses and Chapter 66 –
Manufactured Homes, Mobile Homes, and Land Lease
Communities
Summary of Amendment: This new proposed amendment is a Staff Substitution #1 for the
original proposed amendment presented to the Planning
Commission on March 19, 2018. Both versions of the amendment
reorganize and clarify a portion of the updates to the Dover Code
made in August 2016 through Ordinance #2016-16. The proposed
amendment also brings the updates into compliance with
provisions of the Delaware Code related to manufactured housing
and rental housing. The updates affected include requirements for
placing and licensing manufactured homes, standards for
management and maintenance of land lease communities, taxation,
and code enforcement. The Staff Substitution #1 contains further
refinements as detailed in the “Differences between Staff
Substitution #1 and original proposed Ordinance” section below.
Ordinance Number: Proposed Ordinance #2018-01
Staff Substitution #1 for Proposed Ordinance #2018-01
File Number: MI-18-03 (Correction to File Number)
Development of the Ordinance
Following the August 8, 2016 adoption of revisions to the Dover Code of Ordinances and the
Zoning Ordinance reforming code provisions related to manufactured housing, several members
of the manufactured housing community came forward with concerns about the adopted
ordinance. In the process of evaluating these concerns, Planning Staff identified a series of
further improvements that could be made to Chapter 66 to better organize the section, clarify
processes and enforcement, and ensure compliance with State law. Compliance was specifically
Página 29
MI-18-03 Text Amendments: Manufactured Housing and Land Lease Communities
Report on Staff Substitution #1 to Proposed Text Amendment
Page 2 of 3
targeted toward Delaware Code, Title 25, Chapters 53, 55, 70, and 71. Staff also identified
additional minor improvements in the Zoning Ordinance that would support the main series of
changes in Chapter 66.
These improvements were collected into proposed Ordinance #2018-01 and presented to the
Planning Commission at their meeting on March 19, 2018. However, at this meeting the
Planning Commission chose to table the Ordinance, citing concerns expressed during the Public
Hearing as well as their own concerns with the Ordinance. The Commission was concerned that
the proposed Ordinance did not adequately address maintenance agreements involving
homeowners or homeowners’ associations that lacked resources to perform the required
maintenance. Meanwhile, public testimony attested that the Ordinance allegedly did not meet the
goal of achieving compliance with State law. The Commission asked Planning Staff to address
the outstanding concerns before bringing the Ordinance back for consideration.
The Commission lifted the Ordinance from the table at their April 16, 2018 meeting, in order to
formally defer consideration until their June 18, 2018 meeting. The Planning Office presented an
update on the ongoing revisions to the Ordinance at the June meeting, and asked for further
deferral until August 20, 2018 in order to finish the revisions. This request was granted.
Following further research into the sections of the Delaware Code mentioned above, plus
detailed review of written and verbal testimony given at the Public Hearing, Planning Staff
worked on a substantial Staff Amendment #2 to the Ordinance (Staff Amendment #1 being a
smaller amendment already proposed by the time of the March 2018 meeting). Due to the
complexity of this second Staff Amendment, it was ultimately recreated as a complete Staff
Substitution #1 of the original proposed Ordinance. The Staff Substitution #1 in its entirety is
attached to this Report.
The Planning Commission is to review the Staff Substitution #1 to determine if it addresses all
the previous concerns from the Commissioners and the public. The Planning Commission is to
take action on the Staff Substitution #1 in order to provide a recommendation to City Council.
The Planning Commission’s recommendation will be forwarded to City Council for scheduling
at a future City Council meeting to conduct a Public Hearing and take Final Action on the
proposed Ordinance.
Differences between Staff Substitution #1 and original proposed Ordinance #2018-01
Key differences between the original proposed Ordinance and the Staff Substitution #1 include
the following:
1. In Section 66-1 – Purpose Statement, the Substitution adds a line stating that the
Ordinance is intended to supplement, and not replace, the State regulations.
2. In Section 66-2 – Definitions, the Substitution changes some of the definitions so they
are based on the State definitions of the same terms. The “Land Lease Community”
definition clarifies that the City would consider a Manufactured Home Park a type of
Land Lease Community.
3. In Section 66-3 – Manufactured and mobile homes, the Substitution clarifies that City
Building Inspectors must be licensed by the State, and that installation shall be by a
State-licensed installer.
4. In Section 66-4 – Land lease communities, the Substitution rewrites the provisions on
Página 30
MI-18-03 Text Amendments: Manufactured Housing and Land Lease Communities
Report on Staff Substitution #1 to Proposed Text Amendment
Page 3 of 3
Landscaping and Utilities so they are based on State requirements.
5. In Section 66-4 – Land lease communities, the Substitution clarifies the section on
delegation of maintenance duties to state that this may be done through rental
agreements and/or property management contracts. In order to address the issue raised
by the Commissioners concerning delegates potentially being unable to follow through
on their duties, the Substitution refers back to provisions of the Delaware Code stating
what provisions may not legally be introduced by a community owner into an
agreement.
6. In Section 66-4 – Land lease communities, the Substitution removes the implication
that a community’s office must be at the site of the land home community. This is
intended to reduce the burden on small communities that may not be able to support an
on-site office. There must still be an office of some kind accessible to residents.
7. In Section 66-4 – Land lease communities, the Substitution replaces the term “lease
record” with “homeowner record” and specifies the limited information to be collected.
It clarifies that the intent of this section is to allow the City to identify homeowners for
the purposes of keeping tax records, keeping license records, and facilitating code
enforcement.
8. In Section 66-6 – Enforcement and Penalties, the Substitution clarifies that the process
for suspending or revoking the license for a land lease community, if such a step is
necessary, shall be the same as that for all other businesses in the City.
9. The Substitution adds a new subsection 66-8 addressing preemption and severability.
10. The Substitution duplicates the new definitions in Chapter 66 to also be in the Zoning
Ordinance, Article 12 – Definitions.
Planning Review and Recommendations:
Planning Staff developed the original proposed Ordinance #2018-01 regarding Manufactured
Housing and Land Lease Communities and in March recommended the adoption of the original.
However, at the present time Planning Staff instead recommends adoption of Staff Substitute #1
for Ordinance #2018-01. Staff makes this new recommendation on the basis of the numerous
improvements intended to further clarify the intent of the Ordinance, address the concerns of the
Commissioners and the public, and ensure the goal of meeting state law is achieved.
In March the Planning Office received comments from other Development Advisory Committee
(DAC) members and took them under review. DAC Comments led to the formulation of Staff
Amendment #1, the details of which are contained in the March 9, 2018 DAC Report for the
original proposed Ordinance. Staff Amendment #1 focused on adding “stormwater facilities” to
the utility listing. It is noted that Staff Substitution #1 incorporates Staff Amendment #1, and
therefore, if it is adopted, separate adoption of Staff Amendment #1 is not required. Adoption of
the original proposed Ordinance would require separate action regarding Staff Amendment #1.
Attachments:
-Staff Substitution #1, dated August 8, 2018
-DAC Report for Proposed Ordinance #2018-01 (presented at March 19, 2018 meeting)
-Original proposed Ordinance #2018-01 (presented at March 19, 2018 meeting)
-Excerpt from minutes of the March 19, 2018 Planning Commission meeting
Página 31
1 Staff Substitution #1
2 August 8, 2018
3 Chapter 66 - MANUFACTURED HOMES, MOBILE HOMES, AND LAND LEASE COMMUNITIES
4 Sec. 66-1. – Purpose Statement.
5 The City of Dover recognizes that manufactured homes are a unique housing type with their own
6 history of placement and ownership traditions arising from their origins as mobile homes. A
7 modern manufactured home does not resemble a vehicle, and once placed is rarely moved.
8 However, most manufactured homes are owned as if they were vehicles, separate from the land
9 they are placed on, and may theoretically be moved at any time. Because of this the city
10 recognizes that consistent standards are needed for placement, licensing, and tracking of
11 manufactured homes, in order to ensure the homes’ orderly movement into, out of, and around
12 the city.
13 The city further recognizes that land lease communities, which may give ground lease to
14 manufactured homes or other types of housing, typify a use of land which does not align perfectly
15 with either apartments or residential subdivisions. Because of this, areas of responsibility on the
16 part of residents, owners, and the city with regard to maintenance, communication, and taxation
17 can be unclear without the adoption of consistent standards governing these areas of
18 responsibility. The city recognizes that where responsibility is not clearly claimed detrimental
19 conditions can arise for residents.
20 This chapter therefore lays out consistent standards needed for manufactured homes and land
21 lease communities, while updating and consolidating earlier city regulations regarding mobile
22 homes and mobile home parks. The standards are intended to be applicable to all land lease
23 communities currently in the city or which may be established in the future. They are also
24 intended to cover both manufactured homes and permanently placed manufactured homes, and
25 the issues unique to each. They are intended to supplement, rather than replace, all state laws
26 regulating manufactured homes, including but not limited to those found in Title 25, Chapter 70,
27 and Title 24, Chapter 44 of the Delaware Code.
28 Sec. 66-1. 66-2 - Definitions.
29 The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed
30 to them in this section, except where the context clearly indicates a different meaning:
31 Land lease community means a residential development typified by single ownership of the land within
32 the development, with the landowner retaining the rights of ownership. Home sites or individual lots within
33 the community are leased to individual homeowners, who retain customary leasehold rights. A
34 manufactured home park is considered a type, but not the only type, of land lease community.
35 Land lease community operator means any person designated by contractual arrangement
36 with the land lease community owner to supervise or maintain a land lease community and interact
37 with its residents.
38 Land lease community owner means the owner of 2 or more home sites offered for rent within
39 a land lease community. It includes a lessor, sublessor, park owner or receiver of 2 or more home
40 sites offered for rent, as well as any person, other than a lender not in possession, who directly or
Page 1
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41 indirectly receives rents for 2 or more home sites offered for rent and who has no obligation to
42 deliver such rents to another person.
43 Manufactured home means a factory-built housing unit designed and constructed to meet the
44 Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and
45 Urban Development (HUD) Code. A manufactured home is built on a chassis that supports the
46 structural integrity of the home and to allow transport to the site. Factory-built units built to meet
47 the HUD Code and constructed after the code took effect on June 15, 1976 are classified as
48 "manufactured homes."
49 Mobile home means a factory-built housing unit constructed on a chassis and completed
50 before June 15, 1976. Prior to the HUD code, mobile homes were not subject to uniform construction
51 or safety standards.
52 Manufactured home means a factory-built, single-family dwelling:
53 a. Transportable in 1 or more sections, which is either 8 body feet or more in width and 40
54 body feet or more in length, or, when erected on site, has more than 400 square feet in living
55 area; and
56 b. Designed to be used as a year-round dwelling when connected to the required utilities; and
57 c. Manufactured after June 15, 1976, and built in accordance with manufactured home
58 construction requirements promulgated by the federal Department of Housing and Urban
59 Development (The HUD Code).
60 Mobile home means a factory-built, single-family dwelling:
61 a. Transportable in 1 or more sections, which is either 8 body feet or more in width and 40
62 body feet or more in length, or, when erected on site, has more than 400 square feet in living
63 area; and
64 b. Designed to be used as a year-round dwelling when connected to the required utilities; and
65 c. Manufactured before June 15, 1976, and not built in accordance with manufactured home
66 construction requirements promulgated by the federal Department of Housing and Urban
67 Development (The HUD Code). Prior to the HUD code, mobile homes were not subject to
68 uniform construction or safety standards.
69 Owner of a manufactured home or mobile home means the person designated in the vehicle title of
70 the manufactured home or mobile home, whether the title is issued by this state or by some other state.
71 Owner of a permanently placed manufactured home means the person designated in the vehicle or
72 real property title of the permanently placed manufactured home, whether the title is issued by this state or
73 by some other state.
74 Permanently placed manufactured home means a manufactured home factory-built housing unit
75 designed and constructed to meet the Manufactured Home Construction and Safety Standards of
76 the U.S. Department of Housing and Urban Development (HUD) Code, and that has also been placed
77 upon a permanent, unmovable foundation.
78 Utility means a service provided by a land lease community owner, the city, or others to a
79 tenant for a commodity such as water, sewer, electricity, fuel, propane, cable television or trash.
80 (Ord. of 2-23-1970, § 2; Code 1981, § 12-1; Ord. of 11-10-1986, § 1; Ord. No. 2016-16 , 8-8-
81 2016)
82 Sec. 66-2. 66-3 - Licenses. Manufactured and mobile homes.
83 (a) Placement permit. Every owner of a manufactured home shall apply for and obtain from the city
84 planner or his/her authorized agent a placement permit for such manufactured home prior to
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85 placement of the home within the city. The owner of the manufactured home shall pay a fee for
86 such permit as provided for in Appendix F-Fees and Fines. No certificate of occupancy shall be
87 issued for a newly placed manufactured home that has not also been issued a placement permit.
88 (b) Inspection. Prior to the issuance of a certificate of occupancy for any manufactured home, the
89 home shall pass inspection by a city building inspector licensed as a manufactured home
90 inspector by the state. The owner of the manufactured home shall cause a manufactured home
91 installer licensed by the state to firmly attach the home to the ground by means of a permanent
92 foundation or anchors, and cause any open space beneath the unit to be skirted or enclosed
93 with material approved by the building inspector.
94 (c) License. The owner of any mobile home or manufactured home that is not placed on a
95 permanent foundation shall obtain an annual license for it. The owner of the mobile home or
96 manufactured home shall pay an annual fee for such license as provided for in Appendix F-Fees
97 and Fines. If such manufactured home is newly moved into the city, the owner of the
98 manufactured home shall obtain the license and shall pay the license fee within seven days of
99 issuance of a certificate of occupancy for the home. Payment of the license fee shall be prorated
100 on a quarterly basis for each fractional part of a year during which the manufactured home is in
101 the city.
102 (d) Conditions for license. No license for a new manufactured home shall be issued until the home
103 has passed inspection and received a certificate of occupancy as required by this section.
104 (e) Moving within or out of city. When the owner of a mobile home or manufactured home removes
105 the home from its current site or lot, the owner shall obtain a demolition permit for the removal.
106 (f) Use of city utilities. Owners of all types of manufactured homes shall coordinate with city
107 departments during the permitting and licensing process regarding the appropriate times to
108 transfer responsibility for utilities and activate service.
109 (a) Required fee. The owner of a mobile home or manufactured home that is not to be permanently
110 placed shall obtain an annual license for it and shall pay a fee for such license as provided for
111 in Appendix F—Fees and Fines.
112 (b) Payment; penalties . Such license shall be obtained and the license fee paid by August 1 of
113 each year and if such fee is not paid before September 1 of such year, then, in addition to any
114 penalty incurred pursuant to Appendix F—Fees and Fines, a penalty fee of ten percent per
115 month shall accrue on the unpaid balance of the license fee.
116 (c) Moving into city . Upon the moving of a manufactured home into the city, if the manufactured
117 home requires a license it shall be obtained and the license fee paid the within seven days.
118 Payment of such license fee shall be prorated on a quarterly basis for each fractional part of a
119 year during which the manufactured home is in the city.
120 (d) Required fee for landowners . The owner of any land leased out as part of a land lease
121 community shall obtain an annual land lease community operator business license under the
122 provisions of Chapter 26—Businesses.
123 (Ord. of 2-23-1970, § 2; Ord. of 5-24-1976; Ord. of 3-27-1980; Code 1981, § 12-2; Ord. of 8-8-
124 1988; Ord. of 3-22-1993; Ord. No. 2009-09, 6-22-2009; Ord. No. 2016-16 , 8-8-2016)
125 Sec. 66-3. - Real property taxes.
126 (a) A permanently placed manufactured home as defined in section 66-1, and the lot upon
127 which it is located shall be considered as being real property for purposes of valuation,
128 assessment and taxation in accordance with section 47 of the Charter.
129 (Code 1981, § 12-2.1; Ord. of 11-10-1986, § 2; Ord. No. 2016-16 , 8-8-2016)
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130 Sec. 66-4. - Placement permit.
131 Every owner of a manufactured home, shall apply for and obtain from the city planner or his/her
132 authorized agent a placement permit for such manufactured home. The city planner or his/her
133 authorized agent shall issue no placement permit until the license fee required in this chapter is
134 paid in full.
135 (Ord. of 2-23-1970, §§ 3, 6; Ord. of 5-24-1976; Code 1981, § 12-3; Ord. No. 2016-16 , 8-8-2016)
136 Sec. 66-5. 66-4.- Duties of land lease community owners and operators. Land lease communities.
137 (a) The following regulations shall apply to owners and operators of all land lease communities: the
138 maintenance of land lease communities:
139 i. Private road access. It shall be the responsibility of land lease community owners and operators
140 to maintain all private streets, driveway access to such streets, access to fire hydrants, and
141 access to central mailboxes so as to be clear from obstructions, including but not limited to
142 potholes, snow piles, and debris.
143 ii. Debris clearance. It shall be the responsibility of land lease community owners and operators to
144 ensure that all facilities and common areas within the community are kept in good repair and
145 maintained in such a manner as to prevent the accumulation of materials which could cause a
146 fire hazard or would cause insect or rodent breeding and harborage.
147 iii. Landscaping. All trees, shrubbery, lawns, and other landscaping features within the
148 community shall be maintained by the land lease community operator owner to be in
149 healthy condition at all times.
150 iii. Landscaping. The land lease community owner shall keep the community free of species
151 of weeds or plant growth which are noxious or detrimental to the health of the residents.
152 In addition, the land lease community owner shall maintain, care for, and, if necessary,
153 remove any trees planted within the community that are over 25 feet in height or have a
154 main stem/trunk over 6 inches in diameter. Maintenance shall be performed per standard
155 horticultural practices in accordance with the standards a set forth by the American
156 Association of Nurserymen, and shall not require removal of any plant material normally
157 produced by the tree as part of its lifecycle. The landlord must respect the privacy of
158 tenants and not enter any rented lot to maintain, care for, and/or remove landscaping
159 without the permission of the tenant or an adult resident unless emergency circumstances
160 exist and entry is required to prevent injury to person or damage to property.
161 iv. Utilities. All water, sewer, electric, and gas lines and connections intended to serve
162 common areas or the private property of tenants within the community shall be kept in
163 good repair at all times by the land lease community operator. The land lease community
164 owner shall keep all water, electrical, plumbing, gas, septic, sewer, and other utilities they
165 provide to tenants in good working order. Stormwater management facilities shall be
166 maintained so as to be free of blockage and to prevent the accumulation of standing water that
167 does not dissipate within 48 hours, except in facilities approved for retention of water.
168 These utilities and facilities shall be repaired within 48 hours of written notification of a
169 maintenance problem, or as soon thereafter as is practicable if a repair within 48 hours is
170 not practicable. Community owners shall coordinate with the City of Dover regarding utility
171 services and equipment.
172 v. Delegation of maintenance duties. Maintenance responsibilities detailed in subsections i.
173 through iv. of Section 66-3(a) may be delegated by the land lease community owner to
174 leaseholders, a homeowner’s association, a land lease community operator, or other
175 parties, provided that the delegated party’s specific responsibilities are detailed in a rental
176 agreement, property management contract, or other contract as appropriate. All
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177 maintenance responsibilities not so delegated shall be retained by the land lease
178 community owner. All maintenance services not permitted under state law to be delegated
179 to leaseholders or homeowners’ associations, due to state requirements for the contents
180 of rental agreements, shall also be retained by the land lease community owner, unless
181 delegated to a land lease community operator.
182 (b) The following regulations shall be the reporting, record-keeping, and licensing requirements of
183 land lease communities:
184 v.i. Office hours. The land lease community operator shall be present on site at a minimum
185 during regular business hours, so as to facilitate communication between tenants of the
186 community and the owner, and a 24-hour emergency contact shall be available to
187 residents. To facilitate communication between tenants of the community and the owner,
188 the land lease community owner or operator shall be present at an office accessible to
189 tenants during regular, fixed hours to be communicated to residents and posted at the
190 office. The office hours shall be no less than 20 hours per week and shall not be between
191 the hours of midnight and 7am. A 24-hour emergency contact shall also be available to
192 residents.
193 vi.ii. Receipt for lot payment. The land lease community operator or operator shall provide a written
194 receipt or electronic receipt at the time a cash payment for rent payment has been made.
195 regardless of the form of payment. If a land lease community owner accepts a form of
196 payment other than cash, the community owner shall, within 2 days, give to the tenant a
197 receipt for that payment. The community owner or operator shall, for a period of 3 years,
198 maintain a record of all cash receipts for rent.
199 iii. Homeowner Record. To assist in keeping city license records and tax records up to date,
200 and to assist in code enforcement, land lease community owners who lease land to two or
201 more persons for home sites shall maintain a record of all persons owning homes on their
202 land, specifying each home’s address, the name of the owner of each manufactured home,
203 and each homeowner’s address, if different from the home address. This record shall be
204 reported to the city planner before July 1 of each year, and shall also be open for
205 inspection by the city planner at all other reasonable times.
206 vi. Required license for landowners. The owner of any land leased out as part of a land lease
207 community shall obtain an annual land lease community operator business license under
208 the provisions of Chapter 26—Businesses, or direct the land lease community operator to
209 obtain this license. Only one business license shall be required per land lease community.
210 The fee for such license shall be based on the total number of lots or home sites in the
211 community, including both vacant and occupied lots and sites.
212 (b) The following regulations shall additionally apply to owners and operators of land lease
213 communities leasing land to manufactured homes:
214 i. Documents to manufactured home owners. Copies of this chapter and placement permit
215 application forms shall be furnished to each land lease community owner, who shall give
216 a copy of the same to every manufactured home owner who moves a manufactured home
217 into the community, before the 15th day of the next succeeding month after placement of
218 the manufactured home.
219 ii. Enforcement. It shall be the responsibility of land lease community owners and operators
220 to ensure that all mobile homes and manufactured homes placed on their land maintain a
221 current license under section 66-2.
222 iii. Lease record; report. Land lease community owners who lease land to two or more
223 persons for siting manufactured homes shall maintain a lease record, which shall be open
224 for inspection at all reasonable times by the city planner. Before June 1 of each year, the
225 land lease community owner shall report to the city planner the names and addresses of
226 all persons having manufactured homes on his land.
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227 iv. Sale of home. Before a home is sold by the homeowner, home owner's estate, foreclosure,
228 eviction or other means, the City of Dover must be notified and all delinquent taxes, fees,
229 or other charges must be paid.
230 v. The land lease community owner must notify the City of Dover if the community is placed
231 for sale.
232 (c) The following shall be considered appropriate methods of redress if the duties outlined in this
233 section are not fulfilled:
234 i. Any land lease community owner found to be in violation of the provisions of this section,
235 regardless of corrective actions taken, shall be assessed a fine as provided for in
236 Appendix F—Fees and Fines. Any such fine shall be in addition to any charges imposed
237 upon the violator in accordance with subsection (c)(ii) below.
238 ii. If required, the City of Dover may perform maintenance in the owner's stead following
239 official notice, and place a lien on the property to recover costs, including a 15 percent
240 administrative charge.
241 iii. Repeated failure to perform the required duties shall be cause to take action upon an
242 owner's land lease community operator license in accordance with the provisions of
243 Chapter 26—Businesses, Article II, Section 26-59.
244
245 Sec. 66-5. - Real property taxes.
246 A permanently placed manufactured home as defined in section 66-2, and the lot upon which it is
247 located shall be considered as being real property for purposes of valuation, assessment and
248 taxation in accordance with section 47 of the Charter. Manufactured homes that are not permanently
249 placed shall not be taxed but shall pay the annual license fee required by this chapter in lieu of
250 taxes.
251
252 Sec. 66-6. – Enforcement and penalties.
253 (a) Licenses and permits. Enforcement of licensing and permitting requirements shall be as
254 follows:
255 i. Obtaining manufactured home licenses. If the owner of a mobile home or manufactured
256 home not permanently placed fails to obtain or renew the annual license required by this
257 chapter, a fine pursuant to Appendix F-Fees and Fines may be assessed on the owner of
258 the home, if the home has not been removed from the city.
259 ii. Obtaining placement permits. An owner of a manufactured home who places their home
260 without obtaining a placement permit to do so shall have the standard penalties imposed
261 for failure to obtain a building permit as outlined in Chapter 22- Buildings and Building
262 Regulations of the Dover Code.
263 iii. Obtaining land lease community operator business licenses. A land lease community
264 owner who does not obtain an annual business license as required by this chapter shall
265 have the standard penalties imposed for failure to obtain a business license as outlined in
266 Chapter 26- Businesses of the Dover Code.
267 (b) Land lease community maintenance requirements. Enforcement of community maintenance
268 requirements shall be as follows:
269 i. Any land lease community owner found to be in violation of the provisions of Section 66-
270 4(a) may be assessed a fine pursuant to Appendix F-Fees and Fines. If required, the City of
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271 Dover may perform maintenance to correct the violation in the owner’s stead, and add the
272 cost of maintenance, including a 15 percent administrative charge, to the fine to be
273 assessed.
274 ii. If a land-lease community owner has via rental agreement, property management contract,
275 or other contractual agreement delegated maintenance responsibilities over the portion of
276 the property in violation to the owner of a manufactured home, any fines assessed
277 pursuant to subsections (b)(i) and (b)(ii) above shall be imposed on the owner of the home.
278 (c) Reporting and record-keeping requirements. Enforcement of reporting and record-keeping
279 requirements shall be as follows:
280 i. Provision of homeowner record. If the owner of a land-lease community fails to provide a
281 homeowner record before July 1 of the year, a fine pursuant to Appendix F-Fees and Fines
282 may be assessed on the owner of the land-lease community.
283 ii. Provision of office hours. The City of Dover may inspect the office of a land lease
284 community, and upon finding that hours are not posted, or a representative is not on site
285 during posted office hours, assess a fine pursuant to Appendix F-Fees and Fines. A finding
286 that a land lease community’s 24-hour emergency line is not functioning may also be cause
287 to assess the same fine.
288 iii. Provision of receipts. If the owner of a manufactured home requests a receipt for payment
289 of rent from a land lease community owner or operator and does not receive one within 2
290 days, the owner of the manufactured home may ask the City of Dover to request the same.
291 If a receipt is not provided to the city within an additional 7 days, a fine pursuant to
292 Appendix F-Fees and Fines may be assessed on the owner of the land-lease community.
293 (d) Official notice. As part of any fine assessed pursuant to Section 66-6, the City of Dover shall
294 give official notice to the violator. Policy and procedures for timing of official notices and fines
295 shall be developed by the Planning and Inspections Department.
296 (e) Action on business licenses. If violation of any city ordinance by a land lease community is of
297 a nature that the community’s business license may need to be suspended or revoked, the
298 procedures given in Chapter 26—Businesses, Article II, Sections 26-59 through 26-65 applying
299 to all city businesses shall be adhered to. Summary action on a business license shall not be
300 taken unless the conduct of the licensee, or any associated agent or employee, is so inimical to
301 the public health, safety, and general welfare as to constitute a nuisance and thus give rise to
302 an emergency.
303 (Ord. No. 2016-16 , 8-8-2016)
304 Editor's note— Ord. No. 2016-16 , adopted August 8, 2016, in effect repealed § 66-5 and
305 enacted a new § 66-5 as set out herein. Former § 66-5 pertained to duties of mobile home park
306 owners and derived from Ord. of 2-23-1970 and the Code of 1981.
307 Sec. 66-6. - Anchoring and skirting.
308 Prior to the issuance of a certificate of occupancy for any manufactured home not placed on a
309 permanent foundation, the manufactured home shall be firmly anchored to the ground and the open
310 space beneath the unit shall be skirted with approved material in accordance with the requirements
311 of the building inspector.
312 (Ord. of 9-13-1976; Code 1981, § 12-5; Ord. No. 2016-16 , 8-8-2016)
313 Sec. 66-7. - Use of city utilities.
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314 The owner or occupant of any mobile home or manufactured home shall not be entitled to
315 receive city utilities until the license fee required in this chapter is paid in full, and city personnel
316 shall refuse to provide sewage, water and electricity to the mobile home or manufactured home
317 until satisfactory proof is furnished that such license fee has been paid.
318 (Ord. of 7-28-1975; Code 1981, § 12-6; Ord. No. 2016-16 , 8-8-2016)
319 Sec. 66-8. 66-7.- Exemptions.
320 This chapter shall not apply to:
321 (1) Dealers. Unoccupied manufactured homes located on a dealer's display lot; or
322 (2) Manufactured homes in transit. Unoccupied manufactured homes temporarily occupying the
323 public right-of-way prior to placement on a lot or home site.
324 Sec. 66-8. –Preemption and severability.
325 (a) In the event of any conflict between the requirements of this ordinance and the
326 requirements of the Delaware Code, Title 25, Chapter 70- Manufactured Homes and
327 Manufactured Home Communities, or Title 24, Chapter 44- Manufactured Home
328 Installation, or any other section of the Delaware Code, the requirements of the state code
329 shall prevail.
330
331 (b) Should any section or provision of this ordinance be decided by the courts to be
332 unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a
333 whole or any part thereof other than the part so decided to be unconstitutional or invalid.
334
335 (Ord. of 2-23-1970, § 8; Code 1981, § 12-7; Ord. No. 2016-16 , 8-8-2016)
336 Appendix F
337 Chapter 66. - Manufactured Homes, Mobile Homes, and Land Lease Communities
Chapter 66. Manufactured Homes, Mobile
Fees and Fines
Homes, and Land Lease Communities
Sec. 66-2. 66-3 Licenses Manufactured
and mobile homes.
$45.00 each license $50.00 each one-time placement
Subsec. (a) Required fee from homeowner
permit
Subsec. (c) Required fee from homeowner $45.00 each license annually
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A fine of not less than $50.00 and a penalty fee of ten
Subsec. (b) Payment; penalties percent per month shall accrue on the unpaid balance
of the license fee
Sec. 66-5. 66-6 Duties of Land Lease
Community Owners and Operators
Enforcement and penalties
Subsec. (c)(i) Failure to perform A fine of not less than $50.00 in addition to any charges
required duties Subsection (a)(i) Failure to imposed to cover cost of maintenance by the City A fine
obtain manufactured home license of not less than $25.00
Subsect. (b)(i) Failure to fulfill maintenance A fine of not less than $25.00 in addition to any charges
requirements imposed to cover cost of maintenance by the City
$75.00 per hour for such work that must be done to
Subsec. 66-5 (c)(ii) (b)(i) Cost of
render the property in compliance with this article
maintenance by the city
Chapter 66 Sec. 66-4, plus a 15% administrative charge
A fine of not less than $25.00 and a penalty fee of ten
Subsec. (c)(i) Failure to provide lease
percent per month shall accrue for each month the
record
lease record is not provided.
Subsec. (c)(ii) Failure to provide contact for A fine of not less than $25.00; the fine may be applied
residents cumulatively or per violation instance
A fine of not less than $25.00; the fine may be applied
Subsec. (c)(iii) Failure to provide receipt
cumulatively or per violation instance
338
339
340 Section 8. - Manufactured housing (MH) zone.[2]
341 8.1 Uses permitted. In a manufactured housing zone, no building or premises shall be used, and no
342 building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for
343 any uses, except the following:
344 8.11 Manufactured homes on individual lots, held in any type of ownership.
345 8.12 Multiple manufactured homes on a lot, provided that:
346 (a) The lot is operated as a condominium, including but not limited to condominiums
347 formed pursuant to 25 DelCode, Chapter 71; or
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348 (b) The lot is operated as a land lease community; and
349 (c) There are at least 15 manufactured homes on the lot, or else sufficient home sites for
350 rent or sale on the lot to accommodate 15 manufactured homes. Such home sites need
351 not be expressly delineated but must be improved so as to be complete and ready for
352 occupancy by a manufactured home. There shall be no mixing of manufactured
353 homes and permanently placed manufactured homes on one lot.
354 8.13 Permanently placed manufactured homes on individual lots, provided that the home
355 and the lot are under common ownership.
356 8.14 Multiple permanently placed manufactured homes on a lot, provided that:
357 (a) The lot is operated as a condominium including but not limited to condominiums
358 formed pursuant to 25 DelCode, Chapter 71; or
359 (b) The lot is operated as a land lease community; and
360 (c) There are at least 15 permanently placed manufactured homes on the lot, or else
361 sufficient home sites for rent or sale on the lot to accommodate 15 permanently
362 placed manufactured homes. Such home sites need not be expressly delineated
363 but must be improved so as to be complete and ready for occupancy by a
364 permanently placed manufactured home. There shall be no mixing of
365 manufactured homes and permanently placed manufactured homes on one lot.
366 8.13 8.15 One-family detached homes on individual lots, held in any type of ownership.
367 8.2 Conditional uses . Conditional uses shall be consistent with those conditionally permitted in the
368 one-family residence zones.
369 8.3 Accessory uses . Accessory uses shall be consistent with those permitted in the one-family
370 residence zones, with the following additions and exceptions:
371 8.31 Management facilities. The following shall be permitted accessory to lots providing home
372 sites for multiple manufactured homes:
373 (a) Management offices with rooms for the usual office furniture and supplies, limited to
374 one per lot;
375 (b) Storage space for utility connection supplies in quantity, manufactured home
376 accessories and maintenance materials and equipment;
377 (c) Laundry facilities equipped with washing machines and dryers;
378 (d) Community building facilities, including indoor recreation areas;
379 (e) Commercial establishments consistent with uses permitted in the C-1 neighborhood
380 commercial zone, limited to one such establishment per lot;
381 (f) One-family detached homes intended for the use of a manager or caretaker, limited to
382 one such dwelling per lot.
383 8.32 Accessory home occupations. Accessory home occupations shall be permitted consistent
384 with the conditions outlined for home occupations in the one-family residence zones, with the
385 exception that no home occupation shall be permitted if not also permitted by the owner of the lot
386 on which the home is sited.
387 8.4 Uses prohibited . The following uses are specifically prohibited:
388 8.41 Mobile homes, house trailers, and recreational vehicles as principal uses on a lot. Any such
389 structures or vehicles located within the zone and being used as dwellings shall upon the effective
390 date of this ordinance be deemed non-conforming uses in accordance with article 7.
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391 8.42 Any other kind of factory-built housing that does not meet the Manufactured Home
392 Construction and Safety Standards of the U.S. Department of Housing and Urban Development
393 (HUD) Code as approved June 15, 1976, unless it can be demonstrated that such housing is
394 constructed to the standards of the Dover Code of Ordinances, Chapter 22, Buildings and Building
395 Regulations. Any such housing located within the zone and being used as dwellings shall upon
396 the effective date of this ordinance be deemed non-conforming uses in accordance with article 7.
397 8.5 Minimum occupation length . No lot or home site within the manufactured housing zone reserved
398 for occupation by a manufactured home shall be leased or occupied for residential use except for
399 periods of 30 consecutive days or more.
400 8.6 Land lease communities . The following regulations shall apply to land lease communities within
401 the MH zone:
402 8.61 The entire land area occupied by a land lease community, regardless of the number of
403 home sites or individual lots therein, shall be maintained in single ownership, or if in multiple
404 ownership, under the provisions of the laws of the state dealing with unit properties and
405 condominiums.
406 8.62 Changes to site plan. After initial site development plan approval of a land lease community,
407 reapproval for the entire community shall not be required prior to the issuance of building permits
408 for alterations to individual manufactured homes, or their accessory buildings such as storage
409 areas and patios, which, in the judgement of the city planner, do not materially alter the site
410 development plan approval by the planning commission and are requested as adjustments to the
411 individual manufactured home sites or lots leased by an individual family and designed for the
412 convenience and comfort of the individual lessee.
413 8.7 Performance Standards . All uses are subject to performance standards as set forth in article 5,
414 section 8.
415 8.8 Site development plan approval . Site development plan approval in accordance with article 10,
416 section 2 hereof shall be required prior to the issuance of building permits for the erection or
417 enlargement of all structures and related accessory structures. Such approval shall also be required
418 prior to the issuance of certificates of occupancy for a change of use.
419 8.81 For purposes of preparing a site development plan for approval by the planning
420 commission, and all subsequent improvements, alterations or additions, the applicant shall
421 conform to current submission requirements and site development standards as set forth by the
422 National Fire Protection Association publication 501A,"Standard for Fire Safety Criteria for
423 Manufactured Home Installations, Sites, and Communities." Where applicable, the approving
424 authority shall be the fire marshal's office.
425 8.82 No site development plan proposing the siting of a manufactured home outside of a land
426 lease community shall be approved unless the plan shows the manufactured home is to be
427 permanently placed, as defined in the Dover Code of Ordinances, Chapter 66—Manufactured
428 Homes, Mobile Homes, and Land Lease Communities.
429 8.9 Maximum density . The gross residential density in an MH zone shall not exceed six dwelling
430 units per acre.
431 8.10 Signs . Signs shall meet the regulations found in Article 5—Supplementary Regulations, Section
432 4—Supplementary Sign Regulations.
433 (Ord. No. 2016-16 , 8-8-2016)
434 Footnotes:
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435 --- (2) ---
436 Editor's note— Ord. No. 2016-16 , adopted August 8, 2016, in effect, repealed § 8 and enacted a new §
437 8 as set out herein. Former § 8 pertained to similiar subject matter and derived from Ord. of 10-13-1981;
438 Ord. of 3-20-1983; Ord. of 3-24-1986; Ord. of 7-10-2000; Ord. of 2-12-2001; Ord. of 4-28-2008(2); and
439 Ord. No. 2010-29, adopted January 10, 2011.
440 ADD THE FOLLOWING DEFINITION TO ARTICLE 12 OF THE ZONING
441 ORDINANCE:
442 Permanently placed manufactured home means a manufactured home that has been placed
443 upon a permanent, unmovable foundation.
444 REPLACE THE BELOW DEFINITIONS IN ARTICLE 12 OF THE ZONING
445 ORDINANCE WITH THE FOLLOWING:
446 Manufactured home means a factory-built, single-family dwelling:
447 a. Transportable in 1 or more sections, which is either 8 body feet or more in width and 40
448 body feet or more in length, or, when erected on site, has more than 400 square feet in living
449 area; and
450 b. Designed to be used as a year-round dwelling when connected to the required utilities; and
451 c. Manufactured after June 15, 1976, and built in accordance with manufactured home
452 construction requirements promulgated by the federal Department of Housing and Urban
453 Development (The HUD Code).
454 Mobile home means a factory-built, single-family dwelling:
455 a. Transportable in 1 or more sections, which is either 8 body feet or more in width and 40
456 body feet or more in length, or, when erected on site, has more than 400 square feet in living
457 area; and
458 b. Designed to be used as a year-round dwelling when connected to the required utilities; and
459 c. Manufactured before June 15, 1976, and not built in accordance with manufactured home
460 construction requirements promulgated by the federal Department of Housing and Urban
461 Development (The HUD Code). Prior to the HUD code, mobile homes were not subject to
462 uniform construction or safety standards.
463
464 SYNOPSIS:
465 The proposed ordinance reorganizes and clarifies a portion of the updates to the Dover Code
466 made in August 2016 through Ordinance #2016-16. The proposed ordinance also brings the
467 updates into compliance with provisions of the Delaware Code related to manufactured housing
468 and rental housing, particularly Title 25, Chapters 53, 55, 70, and 71. The updates affected
469 include requirements for placing and licensing manufactured homes, standards for management
470 and maintenance of land lease communities, taxation, and code enforcement. A distinction is also
471 made between manufactured homes and permanently placed manufactured homes in the Zoning
472 Ordinance.
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PETITION TO AMEND TEXT of
Dover Code of Ordinances and Zoning Ordinance
Report to the
Dover Planning Commission
March 19, 2018
Proposed Changes: Text Amendments to the following:
• Dover Code of Ordinances, Chapter 66 – Manufactured Homes
• Dover Code of Ordinances, Appendix B: Zoning (Zoning
Ordinance)
o Article 3 – District Regulations, Section 8 –
Manufactured Housing Zone
o Article 12 – Definitions
• Dover Code of Ordinances, Appendix F – Fees and Fines,
Chapter 26 Businesses, Article II – Licenses and Chapter
66 – Manufactured Homes, Mobile Homes, and Land Lease
Communities
Summary of Amendment: The proposed amendment reorganizes and clarifies a portion of the
updates to the Dover Code made in August 2016 through
Ordinance #2016-16. The proposed amendment also brings the
updates into compliance with provisions of the Delaware Code
related to manufactured housing and rental housing. The updates
affected include requirements for placing and licensing
manufactured homes, standards for management and maintenance
of land lease communities, taxation, and code enforcement.
Ordinance Number: Proposed Ordinance #2018-01
File Number: MI-18-02
Development of the Ordinance
Following the August 8, 2016 adoption of revisions to the Dover Code of Ordinances, Chapter
66 – Manufactured Homes, Mobile Homes, and Land Lease Communities; Appendix B, Zoning
Ordinance, Article 3 Section 8 – Manufactured Housing Zone; and several other sections of the
Dover Code, several members of the manufactured housing community, including homeowners
and park owners, came forward with concerns about the adopted ordinance. In the process of
evaluating these concerns, Planning Staff identified a series of further improvements that could
be made principally to Chapter 66 to better organize the section, clarify processes and
enforcement, and ensure compliance with State law. Ensuring the code’s compliance with the
portions of State law related to the legal obligations of landlords and tenants (Delaware Code,
Title 25, Chapters 53 and 55) and to manufactured homes and manufactured home communities
(Delaware Code, Title 25, Chapters 70 and 71) in particular should address the community’s
Página 44
MI-18-02 Text Amendments: Manufactured Housing and Land Lease Communities
DAC Report Summary
Page 2 of 3
concerns with the 2016 ordinance. Staff also identified potential changes in the Zoning
Ordinance to support the main series of changes in Chapter 66 (see further description below).
Current Proposed Ordinance
Key components of proposed Ordinance #2018-01 include the following:
• Reorganization of Chapter 66. The new sections of the Chapter are as follows: 66-1,
Purpose Statement; 66-2, Definitions; 66-3, Manufactured and Mobile Homes; 66-4,
Land Lease Communities; 66-5, Real Property Taxes; 66-6, Enforcement and Penalties;
and 66-7, Exemptions.
• Addition of a Purpose Statement establishing the reasons for regulating Manufactured
Homes and Land Lease Communities.
• New definitions for Land Lease Community Operator and Land Lease Community Owner
in Chapter 66.
• Detailed requirements for placement, inspection, and licensing of Manufactured Homes,
as well as moving in or out of the City and use of City utilities.
• Addition of a provision allowing land lease community owners to delegate maintenance
responsibility over part of a community to a homeowner or other party through an
appropriate legal contract. City Code Enforcement is to work with these parties to resolve
maintenance issues where such contracts exist. In the 2016 version of this ordinance, the
land lease community owner was held responsible for all maintenance. This contravened
Title 25, Chapter 53 of the Delaware Code, which allows landlords and tenants to agree
in writing that certain maintenance tasks are to be performed by tenants.
• Reduction of the number of hours during which a land lease community owner is
required to have office hours for the residents.
• Allows land lease community owners more time in which to provide a receipt for rent
payment to a resident who requests one.
• No change to taxation; manufactured homes placed on permanent foundations will
continue to be taxed while manufactured homes not placed on permanent foundations
will continue to pay license fees in lieu of taxation. The City will not specify an approved
method for a home to attain a permanent foundation.
• For homeowners, detailed penalties for failing to obtain placement permits or
manufactured home licenses. For community owners, detailed penalties for failing to
perform required maintenance or record-keeping.
• Revision of the Provisional Order to better establish that revoking the business license of
a Land Lease Community is a measure of last resort, only imposed when there are
cumulative unresolved violations creating a nuisance.
• In Zoning Ordinance, Article 3 §8, establishing that both manufactured homes and
permanently placed manufactured homes are permitted, but not on the same lot. The purpose
of this is to allow land lease communities composed of permanently placed, taxed homes, but
prevent communities which include both permanent, taxed homes and impermanent, untaxed
homes. In such a community it would be very difficult for the City’s Tax Office to track
which homes are taxed and which are not.
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MI-18-02 Text Amendments: Manufactured Housing and Land Lease Communities
DAC Report Summary
Page 3 of 3
• In Zoning Ordinance, Article 3 §12, adding a definition for permanently placed
manufactured home.
City Council Committee of the Whole/Legislative, Finance, and Administration Committee was
presented with this proposed Ordinance #2018-01 at its February 13, 2018 Meeting. The
Committee recommended approval of the Proposed Ordinance.
Because text amendments are proposed to the Zoning Ordinance, a Public Hearing and
Recommendation by the Planning Commission is required. City Council will conduct a Public
Hearing and take Final Action on the proposed Ordinance #2018-01 at their meeting of April 9,
2018.
Planning Review and Recommendations:
Planning Staff developed the proposed Ordinance #2018-01 regarding Manufactured Housing
and Land Lease Communities and therefore, recommends its adoption. The Planning Office
received comments from other Development Advisory Committee (DAC) members and has
taken these under review. Based on the comments the Planning Office may offer revisions to the
proposed Ordinance. The comments are summarized below.
DAC Agency Ordinance Proposed Revision Reason/Notes
Review Lines
Comment
Public 167 Add stormwater facilities This section deals with private utilities,
Works to line 167 and currently lists water and sewer
utilities among others; stormwater
should also be mentioned.
Fire N/A Possible revisions to City Staff has initiated the initial
Marshal/ conform this update to research to begin the process to
Chief the 2018 International consider adoption of the 2018
Building Residence Code (IRC), International Code Council code
Inspector Appendix E - series. In the future, a cross-check
Manufactured Housing between the provisions of this
used as Dwellings ordinance and the new IRC will be
needed to ensure there are no conflicts.
Staff Amendment #1
Planning Staff reviewed the current proposed ordinance and the comments received to develop a
Staff Amendment to include the additional clarifications and changes based on
department/agency concerns. The proposed changes presented as Staff Amendment #1 is
outlined below.
• Add “stormwater facilities” to sentence starting on line 167. To read as follows by
inserting the text in bold, blue font: All private water, sewer, electric, and gas lines and
connections and stormwater facilities intended to serve common areas or the private
property of tenants within the community shall be kept in good repair at all times by the
land lease community owner.
Página 46
CITY OF DOVER
APPLICATION REVIEW COMMENTARY
FEBRUARY 26, 2018
APPLICATION: Text Amendment Zoning Ordinance, Dover Code
of Ordinances Chapter 66 and Article 3 Section 8
and Article 12 for Manufactured Housing and Land
Lease Communities
FILE #: MI-18-02
REVIEWING AGENCY: City of Dover Electric and Public Works Departments
CONTACT PERSON: Jason A. Lyon, P.E. – Public Works
CONTACT PHONE #: Public Works – 302-736-7025
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC
1. No objections to the proposed amendments.
WATER / WASTEWATER
1. None.
STORMWATER
1. Please add stormwater facilities to line 167.
SANITATION / STREETS / GROUNDS
1. None.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC / WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS / GENERAL
1. None.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS
1. None
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE
C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Página 47
C F
MI-18-02 I I
T R
CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M
F A
APPLICATION REVIEW COMMENTARY
R
D.A.C. MEETING DATE: 03/07/18 D S
O H
V A
E L
R
APPLICATION: Text Amendments: Manufactured Housing and Land Lease Communities
FILE #: MI-18-02 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. The Fire Marshal’s Office has no comments at this time
2. The Chief Building Inspector has the following comment: Ordinance #2018-01,
Chapter 66- Manufactured Homes, Mobile Homes and Land Lease Communities,
2018 Building Code(s) inclusive of Appendix E of the 2018 IRC, The 2018 building code draft ordinance
will reference “Chapter 66- Manufactured Homes, Mobil Homes and Land Lease Communities” in addition
to “Appendix E Manufactured Housing used as Dwellings” within the 2018 IRC. It is unknown if cross
reference has been done between “Chapter 66”, the proposed ordinance(s), “Appendix E” and or other
related parts of the building code/life safety code(s) to confirm or deny continuity to those codes/ordinances
and as referenced within the same.
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2015NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2015 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
Página 48
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
D.A.C. MEETING DATE: February 28, 2018 T
===============================================================
APPLICATION: Text Amendment: Manufactured Housing and Land Lease
Communities
FILE#: MI-18-02 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Joshua Schwartz PHONE#: 760-2768
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
DelDOT has no comments regarding city & state code at this time.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
DelDOT has no recommendations at this time.
ADVISORY COMMENTS TO THE APPLICANT:
• DelDOT has no comments.
If you have any questions or need to discuss any of the above comments, please call the above
contact person and the planning department as soon as possible.
Página 49
CITY OF DOVER PROPOSED ORDINANCE #2018-01
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities be amended by
5 inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows:
6
7 Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities
8
9 Sec. 66-1. – Purpose Statement.
10
11 The City of Dover recognizes that manufactured homes are a unique housing type with their own
12 history of placement and ownership traditions arising from their origins as mobile homes. A
13 modern manufactured home does not resemble a vehicle, and once placed is rarely moved.
14 However, most manufactured homes are owned as if they were vehicles, separate from the land
15 they are placed on, and may theoretically be moved at any time. Because of this the city recognizes
16 that consistent standards are needed for placement, licensing, and tracking of manufactured
17 homes, in order to ensure the homes’ orderly movement into, out of, and around the city.
18
19 The city further recognizes that land lease communities, which may give ground lease to
20 manufactured homes or other types of housing, typify a use of land which does not align perfectly
21 with either apartments or residential subdivisions. Because of this, areas of responsibility on the
22 part of residents, owners, and the city with regard to maintenance, communication, and taxation
23 can be unclear without the adoption of consistent standards governing these areas of
24 responsibility. The city recognizes that where responsibility is not clearly claimed detrimental
25 conditions can arise for residents.
26
27 This chapter therefore lays out the consistent standards needed for manufactured homes and land
28 lease communities, while updating and consolidating earlier regulations regarding mobile homes
29 and mobile home parks. The standards are intended to be applicable to all land lease communities
30 currently in the city or which may be established in the future. They are also intended to cover
31 both manufactured homes and permanently placed manufactured homes, and the issues unique to
32 each.
33
34 Sec. 66-166-2. - Definitions.
35
36 The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed
37 to them in this section, except where the context clearly indicates a different meaning:
38
39 Land lease community means a residential development typified by single ownership of the land
40 within the development, with the landowner retaining the rights of ownership. Home sites or individual
41 lots within the community are leased to individual homeowners, who retain customary leasehold rights.
42
43 Land lease community operator means any person designated by contractual arrangement with
44 the land lease community owner to supervise or maintain a land lease community and interact
45 with its residents.
46
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Proposed Ordinance #2018-01-Ch 66, Appx B, Arts 3 & 12, and Appx F–Fees & Fines Page 2
47 Land lease community owner means the owner of the underlying fee interest in the land where
48 a land lease community is sited.
49
50 Manufactured home means a factory-built housing unit designed and constructed to meet the
51 Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban
52 Development (HUD) Code. A manufactured home is built on a chassis that supports the structural
53 integrity of the home and to allow transport to the site. Factory-built units built to meet the HUD Code
54 and constructed after the code took effect on June 15, 1976 are classified as "manufactured homes."
55
56 Mobile home means a factory-built housing unit constructed on a chassis and completed before June
57 15, 1976. Prior to the HUD code, mobile homes were not subject to uniform construction or safety
58 standards.
59
60 Owner of a manufactured home or mobile home means the person designated in the vehicle title of
61 the manufactured home or mobile home, whether the title is issued by this state or by some other state.
62
63 Owner of a permanently placed manufactured home means the person designated in the vehicle or
64 real property title of the permanently placed manufactured home, whether the title is issued by this state
65 or by some other state.
66
67 Permanently placed manufactured home means a factory-built housing unit designed and
68 constructed to meet the Manufactured Home Construction and Safety Standards of the U.S. Department
69 of Housing and Urban Development (HUD) Code, and that has also been placed upon a permanent,
70 unmovable foundation.
71
72 (Ord. of 2-23-1970, § 2; Code 1981, § 12-1; Ord. of 11-10-1986, § 1; Ord. No. 2016-16 , 8-8-2016)
73
74 Sec. 66-266-3. - Licenses.Manufactured and mobile homes.
75
76 (a) Placement permit. Every owner of a manufactured home shall apply for and obtain from
77 the city planner or his/her authorized agent a placement permit for such manufactured
78 home prior to placement of the home within the city. The owner of the manufactured
79 home shall pay a fee for such permit as provided for in Appendix F-Fees and Fines. No
80 certificate of occupancy shall be issued for a newly placed manufactured home that has
81 not also been issued a placement permit.
82
83 (b) Inspection. Prior to the issuance of a certificate of occupancy for any manufactured home,
84 the home shall pass inspection by the building inspector. The owner of the manufactured
85 home shall cause the home to be firmly attached to the ground by means of a permanent
86 foundation or anchors, and cause any open space beneath the unit to be skirted or
87 enclosed with material approved by the building inspector.
88
89 (c) License. The owner of any mobile home or manufactured home that is not placed on a
90 permanent foundation shall obtain an annual license for it. The owner of the mobile
91 home or manufactured home shall pay an annual fee for such license as provided for in
92 Appendix F-Fees and Fines. If such manufactured home is newly moved into the city, the
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Proposed Ordinance #2018-01-Ch 66, Appx B, Arts 3 & 12, and Appx F–Fees & Fines Page 3
93 owner of the manufactured home shall obtain the license and shall pay the license fee
94 within seven days of issuance of a certificate of occupancy for the home. Payment of the
95 license fee shall be prorated on a quarterly basis for each fractional part of a year during
96 which the manufactured home is in the city.
97
98 (d) Conditions for license. No license for a new manufactured home shall be issued until the
99 home has passed inspection and received a certificate of occupancy as required by this
100 section.
101
102 (e) Moving within or out of city. When the owner of a mobile home or manufactured home
103 removes the home from its current site or lot, the owner shall obtain a demolition permit
104 for the removal.
105
106 (f) Use of city utilities. Owners of all types of manufactured homes shall coordinate with city
107 departments during the permitting and licensing process regarding the appropriate times
108 to transfer responsibility for utilities and activate service.
109
110
111 (a) Required fee . The owner of a mobile home or manufactured home that is not to be permanently
112 placed shall obtain an annual license for it and shall pay a fee for such license as provided for in
113 Appendix F—Fees and Fines.
114
115 (b) Payment; penalties . Such license shall be obtained and the license fee paid by August 1 of each
116 year and if such fee is not paid before September 1 of such year, then, in addition to any penalty
117 incurred pursuant to Appendix F—Fees and Fines, a penalty fee of ten percent per month shall
118 accrue on the unpaid balance of the license fee.
119
120 (c) Moving into city . Upon the moving of a manufactured home into the city, if the manufactured
121 home requires a license it shall be obtained and the license fee paid within seven days. Payment
122 of such license fee shall be prorated on a quarterly basis for each fractional part of a year during
123 which the manufactured home is in the city.
124
125 (d) Required fee for landowners . The owner of any land leased out as part of a land lease
126 community shall obtain an annual land lease community operator business license under the
127 provisions of Chapter 26—Businesses.
128
129 (Ord. of 2-23-1970, § 2; Ord. of 5-24-1976; Ord. of 3-27-1980; Code 1981, § 12-2; Ord. of 8-8-1988;
130 Ord. of 3-22-1993; Ord. No. 2009-09, 6-22-2009; Ord. No. 2016-16 , 8-8-2016)
131
132 Sec. 66-3. - Real property taxes.
133
134 A permanently placed manufactured home as defined in section 66-1, and the lot upon which it is
135 located shall be considered as being real property for purposes of valuation, assessment and taxation in
136 accordance with section 47 of the Charter.
137
138 (Code 1981, § 12-2.1; Ord. of 11-10-1986, § 2; Ord. No. 2016-16 , 8-8-2016)
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Proposed Ordinance #2018-01-Ch 66, Appx B, Arts 3 & 12, and Appx F–Fees & Fines Page 4
139
140 Sec. 66-4. - Placement permit.
141
142 Every owner of a manufactured home, shall apply for and obtain from the city planner or his/her
143 authorized agent a placement permit for such manufactured home. The city planner or his/her authorized
144 agent shall issue no placement permit until the license fee required in this chapter is paid in full.
145
146 (Ord. of 2-23-1970, §§ 3, 6; Ord. of 5-24-1976; Code 1981, § 12-3; Ord. No. 2016-16 , 8-8-2016)
147
148 Sec. 66-566-4. - Duties of land lease community owners and operatorsLand lease communities.
149
150 (a) The following regulations shall apply to owners and operators of all land lease communities:the
151 maintenance of land lease communities:
152
153 i. Private road access. It shall be the responsibility of land lease community owners and
154 operators to maintain all private streets, driveway access to such streets, access to fire
155 hydrants, and access to central mailboxes so as to be clear from obstructions, including but
156 not limited to potholes, snow piles, and debris.
157
158 ii. Debris clearance. It shall be the responsibility of land lease community owners and operators
159 to ensure that all facilities and common areas within the community are kept in good repair
160 and maintained in such a manner as to prevent the accumulation of materials which could
161 cause a fire hazard or would cause insect or rodent breeding and harborage.
162
163 iii. Landscaping. All trees, shrubbery, lawns, and other landscaping features within the
164 community shall be maintained by the land lease community operatorowner to be in healthy
165 condition at all times.
166
167 iv. Utilities. All private water, sewer, electric, and gas lines and connections intended to serve
168 common areas or the private property of tenants within the community shall be kept in good
169 repair at all times by the land lease community operatorowner. Stormwater management
170 facilities shall be maintained so as to be free of blockage and to prevent the accumulation of
171 standing water that does not dissipate within 48 hours, except in facilities approved for
172 retention of water. Community owners shall coordinate with the City of Dover regarding
173 utility services and equipment.
174
175 v. Delegation of maintenance duties. Maintenance responsibilities detailed in subsections i.
176 through iv. of Section 66-4(a) may be delegated by the land lease community owner to
177 leaseholders, a land lease community operator, or other parties, provided that the
178 delegated party’s specific responsibilities are detailed in an appropriate legal contract.
179 All maintenance responsibilities not delegated shall be retained by the land lease
180 community owner.
181
182 (b) The following regulations shall be the reporting, record-keeping, and licensing
183 requirements of land lease communities:
184
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Proposed Ordinance #2018-01-Ch 66, Appx B, Arts 3 & 12, and Appx F–Fees & Fines Page 5
185 vi. Office hours. The land lease community operator shall be present on site at a minimum
186 during regular business hours, so as to facilitate communication between tenants of the
187 community and the owner, and a 24-hour emergency contact shall be available to residents.
188 To facilitate communication between tenants of the community and the owner, the
189 land lease community owner or operator shall be present on site during fixed hours to
190 be communicated to residents and posted at the office. The office hours shall be no
191 less than 20 hours per week and shall not be between the hours of midnight and 7am.
192 A 24-hour emergency contact shall also be available to residents.
193
194 viii. Receipt for lot payment. The land lease community owner or operator shall provide a
195 written receipt or electronic receipt at the time a cash payment for rent payment has been
196 made, regardless of the form of payment. If a land lease community owner accepts a
197 form of payment other than cash, the community owner shall, within 2 days, give to
198 the tenant a receipt for that payment. The community owner or operator shall, for a
199 period of 3 years, maintain a record of all cash receipts for rent.
200
201 iii. Lease record; report. To assist in keeping city license records and tax records up to
202 date, land lease community owners who lease land to two or more persons for home
203 sites shall maintain a lease record, which shall be open for inspection at all reasonable
204 times by the city planner. Before July 1 of each year, the land lease community owner
205 shall report to the city planner the names and addresses of all persons having homes
206 on his land.
207
208 iv. Required license for landowners. The owner of any land leased out as part of a land
209 lease community shall obtain an annual land lease community operator business
210 license under the provisions of Chapter 26—Businesses, or direct the land lease
211 community operator to obtain this license. Only one business license shall be required
212 per land lease community. The fee for such license shall be based on the total number
213 of lots or home sites in the community, including both vacant and occupied lots and
214 sites.
215
216 (b) The following regulations shall additionally apply to owners and operators of land lease
217 communities leasing land to manufactured homes:
218
219 i. Documents to manufactured home owners. Copies of this chapter and placement permit
220 application forms shall be furnished to each land lease community owner, who shall give a copy
221 of the same to every manufactured home owner who moves a manufactured home into the
222 community, before the 15th day of the next succeeding month after placement of the
223 manufactured home.
224
225 ii. Enforcement. It shall be the responsibility of land lease community owners and operators to
226 ensure that all mobile homes and manufactured homes placed on their land maintain a current
227 license under section 66-2.
228
229 iii. Lease record; report. Land lease community owners who lease land to two or more persons
230 for siting manufactured homes shall maintain a lease record, which shall be open for inspection
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Proposed Ordinance #2018-01-Ch 66, Appx B, Arts 3 & 12, and Appx F–Fees & Fines Page 6
231 at all reasonable times by the city planner. Before June 1 of each year, the land lease community
232 owner shall report to the city planner the names and addresses of all persons having
233 manufactured homes on his land.
234
235 iv. Sale of home. Before a home is sold by the homeowner, home owner's estate, foreclosure,
236 eviction or other means, the City of Dover must be notified and all delinquent taxes, fees, or
237 other charges must be paid.
238
239 v. The land lease community owner must notify the City of Dover if the community is placed
240 for sale.
241
242 (c) The following shall be considered appropriate methods of redress if the duties outlined in this
243 section are not fulfilled:
244
245 i. Any land lease community owner found to be in violation of the provisions of this section,
246 regardless of corrective actions taken, shall be assessed a fine as provided for in Appendix F—
247 Fees and Fines. Any such fine shall be in addition to any charges imposed upon the violator in
248 accordance with subsection (c)(ii) below.
249
250 ii. If required, the City of Dover may perform maintenance in the owner's stead following
251 official notice, and place a lien on the property to recover costs, including a 15 percent
252 administrative charge.
253
254 iii. Repeated failure to perform the required duties shall be cause to take action upon an owner's
255 land lease community operator license in accordance with the provisions of Chapter 26—
256 Businesses, Article II, Section 26-59.
257
258 Sec. 66-5. - Real property taxes.
259
260 A permanently placed manufactured home as defined in section 66-2-Definitions, and the lot upon
261 which it is located shall be considered as being real property for purposes of valuation, assessment
262 and taxation in accordance with section 47 of the Charter. Manufactured homes that are not
263 permanently placed shall not be taxed but shall pay the annual license fee required by this chapter
264 in lieu of taxes.
265
266 Sec. 66-6. – Enforcement and penalties.
267
268 (a) Licenses and permits. Enforcement of licensing and permitting requirements shall be as
269 follows:
270
271 i. Obtaining manufactured home licenses. If the owner of a mobile home or
272 manufactured home not permanently placed fails to obtain or renew the annual
273 license required by this chapter, a fine pursuant to Appendix F-Fees and Fines may
274 be assessed on the owner of the home, if the home has not been removed from the city.
275 ii. Obtaining placement permits. An owner of a manufactured home who places their
276 home without obtaining a placement permit to do so shall have the standard penalties
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Proposed Ordinance #2018-01-Ch 66, Appx B, Arts 3 & 12, and Appx F–Fees & Fines Page 7
277 imposed for failure to obtain a building permit as outlined in Chapter 22 - Buildings
278 and Building Regulations of the Dover Code.
279 iii. Obtaining land lease community operator business licenses. A land lease community
280 owner who does not obtain an annual business license as required by this chapter
281 shall have the standard penalties imposed for failure to obtain a business license as
282 outlined in Chapter 26 - Businesses of the Dover Code.
283 (b) Land lease community maintenance requirements. Enforcement of community maintenance
284 requirements shall be as follows:
285 i. Violations and penalties. Any land lease community owner found to be in violation of the
286 provisions of Section 66-4(a) may be assessed a fine pursuant to Appendix F-Fees and
287 Fines. If required, the City of Dover may perform maintenance to correct the violation
288 in the owner’s stead, and add the cost of maintenance, including a 15 percent
289 administrative charge, to the fine to be assessed.
290
291 ii. Delegation of responsibilities. If a land lease community owner has via contractual
292 agreement delegated maintenance responsibilities over the portion of the property in
293 violation to the owner of a manufactured home, any fines assessed pursuant to
294 subsections (b)(i) and (b)(ii) above shall be imposed on the owner of the home.
295
296 (c) Reporting and record-keeping requirements. Enforcement of reporting and record-keeping
297 requirements shall be as follows:
298
299 i. Provision of lease records. If the owner of a land-lease community fails to provide a lease
300 record before July 1 of the year, a fine pursuant to Appendix F-Fees and Fines may be
301 assessed on the owner of the land lease community.
302
303 ii. Provision of office hours. The City of Dover may inspect the office of a land lease
304 community, and upon finding that hours are not posted, or a representative is not on
305 site during posted office hours, assess a fine pursuant to Appendix F-Fees and Fines. A
306 finding that a land lease community’s 24-hour emergency line is not functioning may
307 also be cause to assess the same fine.
308
309 iii. Provision of receipts. If the owner of a manufactured home requests a receipt for
310 payment of rent from a land lease community owner or operator and does not receive
311 one within 2 days, the owner of the manufactured home may ask the City of Dover to
312 request the same. If a receipt is not provided to the city within an additional 7 days, a
313 fine pursuant to Appendix F-Fees and Fines may be assessed on the owner of the land
314 lease community.
315
316 (d) Official notice. As part of any fine assessed pursuant to Section 66-6, the City of Dover shall
317 give official notice to the violator. Policy and procedures for timing of official notices and
318 fines shall be developed by the planning and inspections department.
319
320 (e) Provisional order. When cumulative unresolved violations in a land lease community are
321 inimical to the public health, safety and general welfare so as to constitute a nuisance, and
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322 the land lease community owner has not taken action to resolve the violations or cause the
323 appropriate parties to resolve the violations, the city may take action upon an owner's land
324 lease community operator license in accordance with the provisions of Chapter 26—
325 Businesses, Article II, Sections 26-59 through 26-65.
326
327
328 (Ord. No. 2016-16 , 8-8-2016)
329
330 Editor's note— Ord. No. 2016-16 , adopted August 8, 2016, in effect repealed § 66-5 and enacted a
331 new § 66-5 as set out herein. Former § 66-5 pertained to duties of mobile home park owners and derived
332 from Ord. of 2-23-1970 and the Code of 1981.
333
334 Sec. 66-6. - Anchoring and skirting.
335
336 Prior to the issuance of a certificate of occupancy for any manufactured home not placed on a
337 permanent foundation, the manufactured home shall be firmly anchored to the ground and the open
338 space beneath the unit shall be skirted with approved material in accordance with the requirements of the
339 building inspector.
340
341 (Ord. of 9-13-1976; Code 1981, § 12-5; Ord. No. 2016-16 , 8-8-2016)
342
343 Sec. 66-7. - Use of city utilities.
344
345 The owner or occupant of any mobile home or manufactured home shall not be entitled to receive
346 city utilities until the license fee required in this chapter is paid in full, and city personnel shall refuse to
347 provide sewage, water and electricity to the mobile home or manufactured home until satisfactory proof
348 is furnished that such license fee has been paid.
349
350 (Ord. of 7-28-1975; Code 1981, § 12-6; Ord. No. 2016-16 , 8-8-2016)
351
352 Sec. 66-866-7. - Exemptions.
353
354 This chapter shall not apply to:
355
356 (1) Dealers. Unoccupied manufactured homes located on a dealer's display lot; or
357
358 (2) Manufactured homes in transit . Unoccupied manufactured homes temporarily occupying the
359 public right-of-way prior to placement on a lot or home site.
360
361 (Ord. of 2-23-1970, § 8; Code 1981, § 12-7; Ord. No. 2016-16 , 8-8-2016)
362
363 BE IT FURTHER ORDAINED:
364
365 That Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Manufactured housing (MH)
366 zone, be amended by inserting the text indicated in bold, blue font and deleting the text indicated in red
367 strikeout as follows:
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Proposed Ordinance #2018-01-Ch 66, Appx B, Arts 3 & 12, and Appx F–Fees & Fines Page 9
368 Section 8. - Manufactured housing (MH) zone.[2]
369
370 8.1 Uses permitted. In a manufactured housing zone, no building or premises shall be used, and no
371 building shall be erected, which is arranged, intended or designed to be used, in whole or in
372 part, for any uses, except the following:
373
374 8.11 Manufactured homes on individual lots, held in any type of ownership.
375
376 8.12 Multiple manufactured homes on a lot, provided that:
377
378 (a) The lot is operated as a condominium, including but not limited to condominiums
379 formed pursuant to 25 Del Code, Chapter 71; or
380
381 (b) The lot is operated as a land lease community; and
382
383 (c) There are at least 15 manufactured homes on the lot, or else sufficient home sites for
384 rent or sale on the lot to accommodate 15 manufactured homes. Such home sites
385 need not be expressly delineated but must be improved so as to be complete and
386 ready for occupancy by a manufactured home. There shall be no mixing of
387 manufactured homes and permanently placed manufactured homes on one lot.
388
389 8.13 Permanently placed manufactured homes on individual lots, provided that the home
390 and the lot are under common ownership.
391
392 8.14 Multiple permanently placed manufactured homes on a lot, provided that:
393
394 (a) The lot is operated as a condominium including but not limited to
395 condominiums formed pursuant to 25 Del Code, Chapter 71; or
396
397 (b) The lot is operated as a land lease community; and
398
399 (c) There are at least 15 permanently placed manufactured homes on the lot, or
400 else sufficient home sites for rent or sale on the lot to accommodate 15
401 permanently placed manufactured homes. Such home sites need not be
402 expressly delineated but must be improved so as to be complete and ready for
403 occupancy by a permanently placed manufactured home. There shall be no
404 mixing of manufactured homes and permanently placed manufactured homes
405 on one lot.
406
407 8.1315 One-family detached homes on individual lots, held in any type of ownership.
408
409 8.2 Conditional uses . Conditional uses shall be consistent with those conditionally permitted in
410 the one-family residence zones.
411
412 8.3 Accessory uses . Accessory uses shall be consistent with those permitted in the one-family
413 residence zones, with the following additions and exceptions:
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Proposed Ordinance #2018-01-Ch 66, Appx B, Arts 3 & 12, and Appx F–Fees & Fines Page 10
414
415 8.31 Management facilities. The following shall be permitted accessory to lots providing home
416 sites for multiple manufactured homes:
417
418 (a) Management offices with rooms for the usual office furniture and supplies, limited
419 to one per lot;
420
421 (b) Storage space for utility connection supplies in quantity, manufactured home
422 accessories and maintenance materials and equipment;
423
424 (c) Laundry facilities equipped with washing machines and dryers;
425
426 (d) Community building facilities, including indoor recreation areas;
427
428 (e) Commercial establishments consistent with uses permitted in the C-1 neighborhood
429 commercial zone, limited to one such establishment per lot;
430
431 (f) One-family detached homes intended for the use of a manager or caretaker, limited
432 to one such dwelling per lot.
433
434 8.32 Accessory home occupations. Accessory home occupations shall be permitted consistent
435 with the conditions outlined for home occupations in the one-family residence zones,
436 with the exception that no home occupation shall be permitted if not also permitted by the
437 owner of the lot on which the home is sited.
438
439 8.4 Uses prohibited . The following uses are specifically prohibited:
440
441 8.41 Mobile homes, house trailers, and recreational vehicles as principal uses on a lot. Any
442 such structures or vehicles located within the zone and being used as dwellings shall upon
443 the effective date of this ordinance be deemed non-conforming uses in accordance with
444 article 7.
445
446 8.42 Any other kind of factory-built housing that does not meet the Manufactured Home
447 Construction and Safety Standards of the U.S. Department of Housing and Urban
448 Development (HUD) Code as approved June 15, 1976, unless it can be demonstrated that
449 such housing is constructed to the standards of the Dover Code of Ordinances, Chapter
450 22, Buildings and Building Regulations. Any such housing located within the zone and
451 being used as dwellings shall upon the effective date of this ordinance be deemed non-
452 conforming uses in accordance with article 7.
453
454 8.5 Minimum occupation length . No lot or home site within the manufactured housing zone
455 reserved for occupation by a manufactured home shall be leased or occupied for residential use
456 except for periods of 30 consecutive days or more.
457
458 8.6 Land lease communities . The following regulations shall apply to land lease communities
459 within the MH zone:
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460
461 8.61 Ownership. The entire land area occupied by a land lease community, regardless of the
462 number of home sites or individual lots therein, shall be maintained in single ownership,
463 or if in multiple ownership, under the provisions of the laws of the state dealing with unit
464 properties and condominiums.
465
466 8.62 Changes to site plan. After initial site development plan approval of a land lease
467 community, reapproval for the entire community shall not be required prior to the
468 issuance of building permits for alterations to individual manufactured homes, or their
469 accessory buildings such as storage areas and patios, which, in the judgement of the city
470 planner, do not materially alter the site development plan approval by the planning
471 commission and are requested as adjustments to the individual manufactured home sites
472 or lots leased by an individual family and designed for the convenience and comfort of
473 the individual lessee.
474
475 8.7 Performance Standards . All uses are subject to performance standards as set forth in article 5,
476 section 8.
477
478 8.8 Site development plan approval . Site development plan approval in accordance with article 10,
479 section 2 hereof shall be required prior to the issuance of building permits for the erection or
480 enlargement of all structures and related accessory structures. Such approval shall also be
481 required prior to the issuance of certificates of occupancy for a change of use.
482
483 8.81 For purposes of preparing a site development plan for approval by the planning
484 commission, and all subsequent improvements, alterations or additions, the applicant
485 shall conform to current submission requirements and site development standards as set
486 forth by the National Fire Protection Association publication 501A,"Standard for Fire
487 Safety Criteria for Manufactured Home Installations, Sites, and Communities." Where
488 applicable, the approving authority shall be the fire marshal's office.
489
490 8.82 No site development plan proposing the siting of a manufactured home outside of a land
491 lease community shall be approved unless the plan shows the manufactured home is to be
492 permanently placed, as defined in the Dover Code of Ordinances, Chapter 66—
493 Manufactured Homes, Mobile Homes, and Land Lease Communities.
494
495 8.9 Maximum density . The gross residential density in an MH zone shall not exceed six
496 dwelling units per acre.
497
498 8.10 Signs . Signs shall meet the regulations found in Article 5—Supplementary Regulations,
499 Section 4—Supplementary Sign Regulations.
500
501 (Ord. No. 2016-16 , 8-8-2016)
502
503 Footnotes:
504 --- (2) ---
505
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506 Editor's note— Ord. No. 2016-16 , adopted August 8, 2016, in effect, repealed § 8 and enacted a new §
507 8 as set out herein. Former § 8 pertained to similiar subject matter and derived from Ord. of 10-13-1981;
508 Ord. of 3-20-1983; Ord. of 3-24-1986; Ord. of 7-10-2000; Ord. of 2-12-2001; Ord. of 4-28-2008(2); and
509 Ord. No. 2010-29, adopted January 10, 2011.
510
511 BE IT FURTHER ORDAINED:
512
513 That Appendix B - Zoning, Article 12 - Definitions, be amended by inserting the following definition in
514 its correct alphabetical order:
515
516 Permanently placed manufactured home means a factory-built housing unit designed and
517 constructed to meet the Manufactured Home Construction and Safety Standards of the U.S.
518 Department of Housing and Urban Development (HUD) Code, and that has also been placed upon
519 a permanent, unmovable foundation.
520
521 BE IT FURTHER ORDAINED:
522
523 That Appendix F - Fees and Fines, be amended by inserting the text indicated in bold, blue font and
524 deleting the text indicated in red strikeout as follows:
525
526 Chapter 66. - Manufactured Homes, Mobile Homes, and Land Lease Communities
527
Chapter 66. Manufactured Homes, Mobile Homes, and Land Lease
Fees and Fines
Communities
Sec. 66-2. Licenses Sec. 66-3. Manufactured and mobile homes
$45.00 each license$50.00
Subsec. (a) Required feePlacement permit each one-time placement
permit
A fine of not less than $50.00
and a penalty fee of ten
Subsec. (b) Payment; penalties percent per month shall accrue
on the unpaid balance of the
license fee
Subsec. (c) License $45.00 each license annually
Sec. 66-5. Duties of Land Lease Community Owners and Operators
A fine of not less than $50.00
in addition to any charges
Subsec. (c)(i) Failure to perform required duties
imposed to cover cost of
maintenance by the City
Subsec. 66-5 (c)(ii) Cost of maintenance by the city $75.00 per hour for such work
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Proposed Ordinance #2018-01-Ch 66, Appx B, Arts 3 & 12, and Appx F–Fees & Fines Page 13
that must be done to render
the property in compliance
with this article, plus a 15%
administrative charge
Sec. 66-6 Enforcement and penalties
Subsec. (a) Licenses and permits
Subsec. (i) Obtaining manufactured home licenses A fine of not less than $25.00
Subsec. (b) Land lease community maintenance requirements
A fine of not less than $25.00
in addition to any charges
imposed to cover the cost of
maintenance by the City at
$75.00 per hour for such
Subsec. (i) Violations and penalties
work that must be done to
render the property in
compliance with Chapter
66, Section 66-4, plus a 15%
administrative charge
Subsec. (c) Reporting and record-keeping requirements
A fine of not less than $25.00
and a penalty fee of ten
Subsec. (i) Provision of lease records percent per month shall
accrue for each month the
lease record is not provided
A fine of not less than
$25.00; the fine may be
Subsec. (ii) Provision of office hours
applied cumulatively or per
violation instance
A fine of not less than
$25.00; the fine may be
Subsec. (iii) Provision of receipts
applied cumulatively or per
violation instance
528
529 (Ord. No. 2016-16 , 8-8-2016)
530
531 ADOPTED: *
532 S:\ORDINANCES\2018\DRAFT\ORDINANCE #2018-01 CH 66, APPX B-ARTS 3 AND 12, AND APPX F\ORDINANCE #2018-01.wpd
533
534 SYNOPSIS
535 The proposed ordinance reorganizes and clarifies a portion of the updates to the Dover Code made in
536 August 2016 through Ordinance #2016-16. The proposed ordinance also brings the updates into
537 compliance with provisions of the Delaware Code related to manufactured housing and rental housing,
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Proposed Ordinance #2018-01-Ch 66, Appx B, Arts 3 & 12, and Appx F–Fees & Fines Page 14
538 particularly Title 25, Chapters 53, 55, 70, and 71. The updates affected include requirements for placing
539 and licensing manufactured homes, standards for management and maintenance of land lease
540 communities, taxation, and code enforcement. A distinction is also made between manufactured homes
541 and permanently placed manufactured homes in the Zoning Ordinance.
542
543 (SPONSORS: NEAL AND HUGG)
544
545 Actions History
546 02/13/2018 - Introduction - Council Committee of the Whole/Legislative, Finance, and Administration Committee
547
Página 63
CITY OF DOVER PLANNING COMMISSION
March 19, 2018
Excerpt from Meeting Minutes – Draft
The Regular Meeting of the City of Dover Planning Commission was held on Monday, March
19, 2018 at 7:00 PM in the City Hall Council Chambers with Chairman Mr. Tolbert presiding.
Members present were Mr. Holden, Mr. Roach, Ms. Edwards, Mr. Holt, Mr. Baldwin, Dr. Jones,
Mrs. Welch, Ms. Maucher and Mr. Tolbert. Staff members present were Mrs. Dawn Melson-
Williams, Mr. Eddie Diaz, Mr. Julian Swierczek, Mr. Jason Lyon, and Mrs. Kristen Mullaney.
MI-18-03 Text Amendments: Manufactured Housing and Land Lease Communities (Dover Code
of Ordinances, Chapter 66 and Zoning Ordinance, Article 3, Section 8 and Article 12) – Public
Hearing and Review for Recommendation to City Council on Text Amendments to the Dover
Code of Ordinances, Chapter 66 - Manufactured Homes, Mobile Homes, and Lend Lease
Communities; to Zoning Ordinance, Article 3, Section 8- Manufactured Housing (MH) Zone;
and to Zoning Ordinance, Article 12- Definitions. The proposed ordinance reorganizes and
clarifies a portion of the updates to the Dover Code made in August 2016 through Ordinance
#2016-16. The proposed ordinance also brings the updates into compliance with provisions of
the Delaware Code related to manufactured housing and rental housing, particularly Title 25,
Chapters 53, 55, 70, and 71. The updates affected include requirements for placing and licensing
manufactured homes, standards for management and maintenance of land lease communities,
taxation, and code enforcement. A distinction is also made between manufactured homes and
permanently placed manufactured homes in the Zoning Ordinance.
• A copy of the Proposed Ordinance #2018-01 is available on the City’s website
www.cityofdover.com under the Government Heading: Ordinances, Resolutions &
Tributes. https://www.cityofdover.com/ordinances-and-resolutions
The Legislative, Finance, and Administration Committee reviewed the proposed Text Amendments
on February 13, 2018 and the First Reading before City Council occurred on February 26, 2018.
The Public Hearing before the Planning Commission is set for March 19, 2018 and Public Hearing
and Final Reading before City Council is on April 9, 2018.
Representative: None
Mr. Tolbert recused himself because he is resides in a manufactured home.
Mr. Diaz stated that this is series of Text Amendments to the Dover Code of Ordinances. The
majority are in Chapter 66 Manufactured Homes, Mobile Homes and Land Lease Communities.
A few are also in the Zoning Ordinance, Article 3 Section 8 which is the Manufactured Housing
Zone and the Zoning Ordinance, Article 12 Definitions. We last had a major update to the
provisions of the Code dealing with manufactured housing back in August 2016. Following that
update and some concerns raised by the manufactured housing community, they recognized the
need for additional changes to better conform the Ordinance with State Law and then also to
clarify the procedures for enforcing the Ordinance and finally to reorganize Chapter 66 so that it
would be easier to navigate and present the information in it in a more straight forward manner.
Some of the substantial changes of this Ordinance include adding provisions to let land lease
community owners pass on maintenance responsibilities to tenants. There are also revised
Excerpt of Planning Commission Meeting Minutes of March 19, 2018 Page 1 of 10
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provisions for office hours and rent receipts. In the Zoning Ordinance, there are provisions
establishing that homes which are taxed and homes which only pay manufactured home license
fees would not be permitted on the same parcel of land in order to simplify the Tax Assessor’s
tracking of what is taxed and what isn’t.
We received a few comments from the Development Advisory Committee regarding the
proposal. One is that stormwater facilities should be added to the list of private utilities a
community owner would normally be responsible for. That has resulted in Staff Amendment #1
which can be found at the end of the DAC Report. The other major comment was that the Chief
Building Inspector asked us to cross check the proposed changes with the upcoming proposed
changes to the Building Code which is being updated from the 2009 version of the International
Residential Code to the 2018 version. The 2018 version contains its own provisions for
manufactured homes and they were asked to make sure that there would be no conflicts. Tonight,
the proposed ordinance updates need either a positive or a negative recommendation from the
Commission members. Staff will forward that recommendation to City Council for their
approval or denial of the Ordinance.
Mr. Holt stated that he noticed that some of the streets going into the trailer parks need a lot of
work done. Some of them have bad holes in the streets and if you are not careful you will end up
losing a wheel or something. He questioned if this Ordinance will try to correct this situation in
the parks? Responding to Mr. Holt, Mr. Diaz stated that where the streets are the private property
of the manufactured housing community, this should create some stronger provisions for
enforcing that maintenance.
Ms. Maucher questioned if there has been any input from the manufactured home community
owner/operators or residents/tenants? Responding to Ms. Maucher, Mr. Diaz stated that input
from the manufactured housing community owners was in large part of what lead to these
proposed amendments during the second round. Their concern with the original amendment that
passed in 2016 was that it might contradict some aspects of State private property laws. The
original Ordinance didn’t contain allowances for them to by contract, assign maintenance over
certain parts of their community to their tenants. For instance, the area immediately surrounding
their homes and the landscaping that might be in that. That was the major concern that led to the
change, but Staff believes that they have gone further than that in making the Ordinance clearer
than it was before.
Dr. Jones stated that her concern would be if the homeowners had benefit of reading or hearing
the changes or was the complete confidence placed in Staff and others to make the revisions?
She is not uncomfortable; she just senses that there was reference to the concern from the very
beginning. Responding to Dr. Jones, Mr. Diaz stated that homeowner representation was mainly
led by Councilman Neil who sponsored the Ordinance.
Mr. Holden questioned if Staff could count the changes as being more or less protective of the
tenants or provide us some commentary towards that end that gives them a flavor for what the
changes are going to impart in the practical sense moving forward. Responding to Mr. Holden,
Mr. Diaz stated that the original intent of the Ordinance updates in 2016 was definitely to be
protective of the tenants by the provisions for maintenance directed at the community owners,
Excerpt of Planning Commission Meeting Minutes of March 19, 2018 Page 2 of 10
Página 65
adding better record keeping requirements, the requirement to post office hours where an onsite
representative of the owner would be required to be at the community and things like requiring
the owner to provide receipts to homeowners when they made payments for rent. With this latest
Ordinance update, they have rolled that back a little bit to make things a bit easier on the
community owners because their feedback was that the new provisions were too strict and didn’t
allow them the flexibility they needed to work with the tenants to share maintenance and
responsibilities.
Mr. Holden stated that he found it a little odd that in order to move a manufactured home from
its current site the owner has to get a Demolition Permit. Is it just lack of another process that it
would account for? He is not sure why a Demolition Permit applies there. Responding to Mr.
Holden, Mr. Diaz stated that a Demolition Permit applies because although the house itself may
not be disassembled or trashed, there are still things that would have to happen to the site that
would potentially be considered demolition like removing the footers of the old house,
disconnecting utilities, etc. It is a sort of a misnomer for naming but that is something that has
not changed since before the 2016 Ordinance.
Mr. Tolbert stated that Mr. Diaz made a statement that the development owners are responsible
for the streets in the communities of manufactured homes or mobile homes. Responding to Mr.
Tolbert, Mr. Diaz stated that where the streets are actually on the landowner’s property and
where they are private street they (the landowners) need to be responsible for the streets.
Mr. Tolbert stated that why he raised that question is because the development in which he lives
in, the homes are on a permanent foundation and the streets are owned by the City. The City is
responsible for the streets and therefore they pay for street repair and snow removal. Responding
to Mr. Tolbert, Mr. Diaz stated that Persimmon Park Place is a manufactured home community
that unlike the others in the City is not also a land lease community. There is no overarching land
owner who owns all of the land beneath the manufactured homes. The homes and the lots are
owned by the individual homeowners and the streets in the development are owned by the City
so this amendment would not apply to the streets in that particular development.
Dr. Jones stated that in the 2016 version, the land lease community owner was held responsible
for all of the maintenance and she thinks that she read that the responsibility was going to be split
or shared. Responding to Dr. Jones, Mr. Diaz stated that what it does is it allows the maintenance
to be split or shared. It doesn’t say that the land owner must do this or the tenant must do this; it
says that the landowner must be responsible for all maintenance unless it is specifically
designated to a tenant by a private contract.
Dr. Jones questioned if this change was initiated to be a little easier on the community owner?
Responding to Dr. Jones, Mr. Diaz stated yes.
Mr. Holden stated that to the specific point that Dr. Jones was trying to make, in Section 66-
4(a)v. Delegation of Maintenance Duties, that seems to allow under appropriate contract the
responsibility of maintenance for roads or other to be transferred. The challenge is how do they
ensure that that’s a process that typically the residents of land lease communities are able to
understand and proceed through. It tilts the favor back towards the land lease underlying owner
Excerpt of Planning Commission Meeting Minutes of March 19, 2018 Page 3 of 10
Página 66
and he doesn’t necessarily know that that is bad or good but it’s a challenge that he thinks maybe
some more discussion is needed on. Responding to Mr. Holden, Mr. Diaz stated that in terms of
the City determining or learning who is responsible for what, it is something that Planning Staff
is going to have to work closely with Code Enforcement Staff on who in turn will have to work
closely with the community owners and residents. Currently, when routine Code Enforcement
issues come up in a lot of the manufactured home parks, for instance, trash left out on the street
our Code Enforcement Officers go to the homeowners first. For less routine things like potholes
in the road, they will go to the community owners first. He foresees that under the new
Ordinance, that will largely continue to be the case. In cases where a land owner or a community
owner can furnish proof in the form of the contract in question that responsibility needs to go to a
different party then our Code Enforcement Staff can be redirected accordingly.
Mr. Holden stated that other than the correspondence you have had with the owners of these
types of properties have you had other entities push for that allowed delegation of maintenance?
Responding to Mr. Holden, Mr. Diaz stated no.
Mr. Holden questioned if currently it is the underlying owner that is responsible? Responding to
Mr. Holden, Mr. Diaz stated that under the current 2016 Ordinance, the letter of the Code holds
the owner responsible but their allegation to Staff is that they could not be held responsible
because the language of the Code that is currently in place would go against other laws. The
allowance for the delegation of maintenance responsibilities to a different party comes from the
Delaware Code, Title 25 Chapters 53 and 55 which is the Landlord Tenant Code. Without the
addition of this particular provision, they would be going against State Law.
Mr. Holden questioned if the City Solicitor offered that opinion to Staff? Responding to Mr.
Holden, Mr. Diaz stated yes, he believes so.
Mr. Holden stated that his concern is that it is easy to pass off responsibility to an HRA or a
Homeowner’s Association. He knows the wrangle that we have had in the State with getting
Homeowner’s Associations to take care of their roads and their stormwater ponds and generally
it’s a process that doesn’t work. His concern is that the responsibility gets passed along and then
allows these facilities to fall under greater disrepair. Those HOA’s are much harder to get called
to task to rectify a situation. He personally would love to challenge the City Solicitor to find us a
path that can hold the underlying land owner, the person with the means to resolve a lot of these
issues more responsible. At the end of the day, that cost likely gets flowed through to the
residents but then they ensure as a City that these areas are going to be maintained and not have a
negative drain on the City as a whole. He would seek from Staff a path to allow that time. How
might the Planning Commission offer a pause to give that a closer look?
Ms. Maucher questioned if there was any requirement that the entity receiving responsibility has
the technical expertise or the knowledge or financial ability to carry out those responsibilities?
It’s kind of vague in that regard and having dealt with failing wastewater systems, it can be
unpleasant if they don’t have the expertise. Responding to Ms. Maucher, Mr. Diaz stated that
from a practical standpoint, he has a hard time foreseeing a circumstance where a land lease
community owner would assign a homeowner responsibility for maintaining the whole
stormwater pond behind their house. More typically, the sorts of maintenance responsibilities
Excerpt of Planning Commission Meeting Minutes of March 19, 2018 Page 4 of 10
Página 67
that are delegated are responsibility over the lot that the house sits on maintaining that lot free of
trash or maintaining grass and whatever grass and bushes might be planted around the house.
Without this provision, a homeowner could theoretically plant their own landscaping around the
house and instead of taking care of it themselves; they could say it was the community owners so
they should maintain it.
Mr. Holden stated that there certainly seems that there should be the ability to split out
maintenance on the lot which he thinks is the issue with the Landlord Tenant Code and also
maintenance of the roadways and/or utilities which are ones that a single resident has no ability
to impact. He thinks that we could all agree that HOA’s generally are not as adept as the
underlying owner at taking care of those. He doesn’t know our path and he asks Staff how the
Commission can put this back in Staff’s laps and give them some time to do what they may do
with it? Do they table this action for the evening? He personally doesn’t think that putting roads
and utilities in an HOA is the right path either for the residents or for the City as a whole.
Responding to Mr. Holden, Mrs. Melson-Williams stated that if the Planning Commission has
some concerns about a particular section they could certainly in taking their action this evening
make the recommendation that certain provisions or topic areas be further addressed or evaluated
by Staff to bring additional information back to the Commission. The Commission could
certainly do that without making a final recommendation on the entire package. This is subject to
public hearing this evening. As with all text amendments, that (notice) was published in the local
newspaper so there is that opportunity as well as being posted on these various agendas and the
First Reading that occurred at City Council. There is nothing in our Code that requires us to send
this proposed Text Amendment to every property owner and/or tenant that it may affect. On the
question about how to move forward with this package, if you have concerns about the Text
Amendment and would seek additional information you could certainly defer action on it until
you receive a specific list of information and it could be brought up for continued discussion at a
specific future meeting of the Commission.
Mr. Tolbert stated that in his experience with HOA’s they don’t seem knowledgeable enough to
carry out the duties that they are supposed to carry out in being responsible for the developments
that they are overseeing.
Dr. Jones stated that as we possibly defer action she would suggest that there are a couple of
other things, in her opinion, that need to be tightened. She is not trying to make things difficult
for the community owners. On Page 5 Office Hours (line 185), in her mind this doesn’t really
give a feeling of assurance to the tenants that there are going to be regular fixed office hours.
Maybe she is adding a little bit too much to this and she doesn’t want to nit-pick but if this is
what people have to live by then we want to make very certain that there is not a lot left for
interpretation. In Section 66-4(b)ii Receipt for Lot Payment (line 194), has this not been the case
in the past? Responding to Dr. Jones, Mr. Diaz stated that there have been comments from
various homeowners that they do not receive receipts for payment of rent so that was one of the
things desired in the original 2016 Ordinance that is still here.
Ms. Maucher questioned if the additions comport with the Landlord Tenant Code? Responding
to Ms. Maucher, Mr. Diaz stated that the Landlord Tenant Code does include provisions for the
provision of receipts. The feedback received on that was that those provisions don’t go far
Excerpt of Planning Commission Meeting Minutes of March 19, 2018 Page 5 of 10
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enough so we were asked to make our provisions for rent receipts more strict.
Mr. Tolbert opened a public hearing.
Mr. Michael Morton – First State Manufactured Housing Association
Mr. Morton stated that he is the President of First State Manufactured Housing Association and
he also represents many of the community owners in the State of Delaware. He brought with him
comments that he would like included in the record (a copy was provided to the Commission).
He can represent to the Commission as an attorney who has been practicing in Delaware for over
35 years that the parts of Mr. Diaz’s presentation that he heard were inconsistent with the law.
This proposed Ordinance is a revision of changes that were passed roughly 18 months ago. They
were stayed by agreement with the City Executive so that interest holders like himself and his
clients could participate in the redrafting. They were told that they would be actively engaged in
redrafting and the first notice that we got of a redraft was roughly 10 days ago that it was
completed and would be heard this evening. This is quite a surprise to those of us who appeared
at a prior time when the first version of this was heard. They have considerable concerns on the
concept of pre-emption. He brought with him a case from the Supreme Court of Delaware that
says these matters are pre-empted by State Law. That the efforts of the Dover City Council and
the Planning Commission; however noble, conflict directly with the expressed provisions in the
Manufactured Housing Act and are therefore unenforceable. He has gone through every single
line of this Ordinance and he has highlighted roughly twenty-five specific examples where it
conflicts with the Manufactured Housing Code. That is why this was stayed by agreement so that
they could go through those to discuss them with the Solicitor. The Solicitor is well aware of
their concerns about the constitutionality of this Ordinance and the enforceability of the
Ordinance. Since he is handing out copies he will not go through every single thing. He will
simply point out two very specific things and then a number of examples. The applicable
Manufactured Housing Code Section 7001 very specifically says that in reference to the
relationship between a landlord and a resident in a manufactured housing community, this Code
regulates and determines that legal rights, remedies and obligations of all parties to a rental
agreement wherever executed for a lot, a manufactured home and a manufactured home
community within the State. The second provision that is in difficulty with this is the State
Installation Code. It is very specific that it is the only Code governing installations of
manufactured homes. The reason that he points out both of these is that multiple sections of this
proposed Ordinance conflict directly with that. The Supreme Court in Cantinca vs. Montana
back in 2005 referring back to a case in 1965 had made it absolutely clear that the prerogative on
issues of this nature belong to the House and the Senate not to local entities like cities and
counties. The purpose statement for this Ordinance itself clearly conflicts both with the purpose
statement of the State Code and with the specific elements. Your purpose statement says that
“this subchapter applies to rental agreements for manufactured home lots and regulates and
determines legal rights and remedies.” It also references obligations for communications and
other specific issues on maintenance and the like. All of these are specifically referenced in the
State Code under the concept of pre-emption that determines the scope of those. This body is not
authorized, empowered or cannot enforce an Ordinance that tramples on the specific language of
the Manufactured Housing Code. The Manufactured Housing Code also says that sole
enforcement rights of those rights and responsibilities lies with the Attorney General’s Office.
From the beginning to the end, we have great concerns about this. He has written portions in his
Excerpt of Planning Commission Meeting Minutes of March 19, 2018 Page 6 of 10
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comments by line with specific references to the fact that even the definitions that the City has
proposed to use conflict with the long term well recognized definitions in the Manufactured
Housing Code. The Manufactured Housing Code which he calls in this response, sets forth
extensively the maintenance requirements of land community owners such as Wild Meadows
within the City of Dover. It sets forth the responsibilities and the obligations and it also sets forth
the remedies for landlords and tenants in this relationship. They are extensive provisions and
they distinctly define the rights and responsibilities of each party. Under the concept of pre-
emption, you as a City cannot enlarge, decrease or impact of State stated rights and
responsibilities however laudable your concerns might be. In the section of this proposed
Ordinance, it references maintenance responsibilities. Starting with trees, there is specific
contrary language in the State Code that says it does not include any responsibility to do some of
the things that the City would define as being a responsibility of the community owner. Section
7006.13 of the Manufactured Housing Code very specifically references trees and that language
is contrary to the language that the City is proposing. Section 7006.13L defines what a tree is and
the definition is different. Section 7003.24 defines what a utility is and again it conflicts with the
language contained in this proposed Ordinance. Section 66-3 of this proposed Ordinance
conflicts entirely with the pre-empted language of Title 24 Delaware Code Chapter 44 which is
the State Manufactured Installation Code. The reason he points that out is that even the
inspectors for the City must be licensed and be certified by the State Installation Board. Even the
standards are clearly State issued and State controlled that the City’s inspectors use to determine
if an installation has been done properly. Therefore, the City cannot on their own determine what
they think is acceptable or what should be added to the State Code. As he stated earlier, this has
multiple difficulties. He would respectfully suggest that this body do what he was promised
before by the Director before the current Director came into office, which is table it so that they
can have a meaningful discussion as stakeholders on the conflicts so that you don’t spend
unnecessary time proposing language and attempting to put it in place that will result inevitably
in Court conflict. The final comment is regarding the licensing provision for the manufactured
housing community he and his clients found in Subsection E – Provisional Order. This section
proposes that an unresolved violation issued conceivably by the City as an instant ticket could be
deemed to be a nuisance without any definition of what a nuisance is. The license that you are
required to have to run the community could be revoked or impacted with no meaningful
explanation in the body of this Ordinance as to the need for, the requirement of or the desire to
have a deprivation hearing or due process for the community owner when they have been alleged
to have had a violation. The definition itself under the provision for provisional orders conflicts
directly word for word with the existing State Code. There is absolutely no reason for this to be
in conflict. It’s contrary to the exclusive authority of the State for enforcement of this type of
item and it leads to the impractical result of a community potentially having no license and not
being able to operate as a community when they still have several hundred residents there.
They checked every couple of months with the City Executive asking where this stood and the
City Executive kept saying “we will get back to you.” When Mr. Hugg started working for the
City, they checked with him every couple of months, specifically referencing the fact that they
had a standstill agreement. No one ever denied that they had a standstill agreement and yet no
one ever gave them an opportunity to give the feedback that they are giving tonight which would
have been incredibly helpful in a drafting of an Ordinance within the confines of the concept of
pre-emption.
Excerpt of Planning Commission Meeting Minutes of March 19, 2018 Page 7 of 10
Página 70
Mr. Holden stated that Mr. Morton mentioned some Dover communities that would be impacted
by this that he represents. Who are those communities? Responding to Mr. Holden, Mr. Morton
stated that he represents Wild Meadows which is an RHP community. It changed ownership a
couple of months ago. They are one of the five largest ownership groups in the Country. He has a
tentative agreement to represent two of the other three owners, but it’s not signed so he can’t
fully disclose who they are right now. It’s certainly a concern both for those owners and for the
association which represents all owners within the State of Delaware that this has to be
consistent. The reason for pre-emption is so that you don’t have vastly different rules and
regulations in each community. As you can imagine, his view of the hourly requirements for a
manager to be present is considerably different than one that was voiced earlier tonight by one of
the other members because there is nothing in the State Code that requires that. He respectfully
suggests that he doesn’t see any other business where the City requires x number of hours for
somebody who represents that business to be present and open and available for questions.
Certainly, there is no such requirement for apartment complexes at the State level and they have
exactly the same issue of pre-emption with residential apartments.
Mr. Holden stated that City Council held a First Reading of this Ordinance. He asked if Mr.
Morton was able to be present for that? Responding to Mr. Holden, Mr. Morton stated that he
wasn’t even aware that it was going on because they had been told that they would be given
notice before there was even a draft. The first notice that they received was received in his office
on March 1, 2018 from Mr. Hugg indicating that it has already been drafted and that it has
already had a First Reading. He doesn’t think that it is fair or equitable to keep telling them that
they are going to participate and then not let them participate in the meaningful discussion about
the language.
Mr. Holden stated that they (the Planning Commission) had a fair amount of discussion over the
concern over maintenance of common areas and the roadways really being the specific one. He
asked if Mr. Morton had any commentary regarding that. Responding to Mr. Holden, Mr.
Morton stated that the Code (Delaware Code) has specific language in the section that he cited
that extensively details what the community owner’s responsibilities are including roads which
means that it’s been addressed by the Code. If you follow the logic of his comments, it would
mean that that’s what you have. You can’t, and he means this in the most respectful way
possible, try and impose some additional obligations. That is was pre-emption means.
Mr. Tolbert asked Mr. Morton to state the name of his organization and what his organization
does in respect to this type of housing. Responding to Mr. Tolbert, Mr. Morton stated that we are
the exclusive industry group for manufactured housing communities in the State of Delaware.
It’s called First State Manufactured Housing Association. It was founded in 1995 and has
represented the communities, retailers, vendors and installers in this industry since that time.
They participated in the drafting of the statewide Installation Code. It was approved by the
legislature and became part of the regulations. They participated in the drafting of the
Manufactured Housing Code. He drafted significant portions of that. He was also a chairperson
of the committee that drafted the Residential Landlord Tenant Code. This is not a new era for
him; it’s an era of specialty for his firm and for him personally. His has absolutely no
reservations about the accuracy of his concerns about pre-emption.
Excerpt of Planning Commission Meeting Minutes of March 19, 2018 Page 8 of 10
Página 71
Mr. Tolbert stated that Mr. Morton mentioned Wild Meadows and his understanding is that Wild
Meadows is a land lease development. The development next door to it is a mobile home
development where the homes are permanent, but it’s not land lease. Noble’s Pond is also a land
lease operation. Responding to Mr. Tolbert, Mr. Morton stated that Noble’s Pond is not a
manufactured housing community. The State Relocation Trust Authority has already decided that
Noble’s Pond is not a manufactured housing community.
Mr. Tolbert stated that Wild Meadows has asked the State to put a cap on the lease payments that
they can pay and he thinks that the State refused to do that and they have had their hands full
with that battle. Responding to Mr. Tolbert, Mr. Morton stated that one of the City Councilman
is a long-term member of the community at Wild Meadows and has been an advocate for their
issues in the legislature for many years. He would probably tell you that he was solely or
significantly responsible for the imposition of rent justification in manufactured housing
communities. There has been no State imposed limitation on the rent at Wild Meadows and we
are half way through the required arbitration procedure for this year’s rent with the homeowner’s
association for Wild Meadows tenants. They have had multiple ones of those and they have been
quite successful in the court on those issues.
Dr. Jones stated that Mr. Morton referenced a case. Is it in the information that was provided?
Responding to Dr. Jones, Mr. Morton stated that it is attached to the master copy and is
specifically referenced and cited in the case. It is also a case that the City Solicitor is well aware
of and has been since before this first version was passed eighteen months ago.
Ms. Maucher questioned if there are other stakeholders that should be informed of this process
aside from your association such as representing particularly tenants in these types of
communities? Responding to Ms. Maucher, Mr. Morton stated that he is fairly certain that
Councilman Neil has notified all tenant advocacy groups of this pending Ordinance. He can tell
you that the board of the First State Manufactured Housing Association is aware and all four
owners of the communities located within the City limits are aware of it. The Association itself is
considering the possibility of funding any litigation if we can’t have something worked out that
will benefit everyone. They want to be at the table to discuss this. That is what they thought the
deal was from the very beginning.
Mr. Tolbert closed the public hearing.
Mr. Holden stated that he thinks they had landed at some concerns that they aren’t quite able to
address without the City Solicitor’s input to understand the legality of the path forward and the
legality of trying to assure that their concerns will be addressed. Further, they are faced with a
legal opinion shared that contravenes what the Ordinance is trying to get done. It seems like
tabling the Ordinance to allow Staff and the City Solicitor time to give these comments some
thought and address them. It seems like a reasonable path forward.
Ms. Maucher moved to table MI-18-03 Text Amendments: Manufactured Housing and Land
Lease Communities (Dover Code of Ordinances, Chapter 66 and Zoning Ordinance, Article 3,
Section 8 and Article 12) in order to meet with the interested parties and the City Solicitor to
ensure that it complies with the State Law and it’s not over reaching, seconded by Mr. Holt and
Excerpt of Planning Commission Meeting Minutes of March 19, 2018 Page 9 of 10
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the motion was carried 8-0 by roll call vote with Mr. Tolbert recused. Mr. Holden voting yes;
due to the large number of outstanding questions. Mr. Roach voting yes. Ms. Edwards voting
yes; for the reasons previously stated. Mr. Holt voting yes; to try to address all of our concerns
before we tackle this problem again. Mr. Baldwin voting yes; for all of the reasons stated. Dr.
Jones voting yes; for all of the reasons stated and to make sure that we are in compliance. Mrs.
Welsh voting yes; due to all of the outstanding issues and in order to ensure that the issues are
addressed before the application is brought back to the Planning Commission. Ms. Maucher
voting yes; to ensure that there is sufficient input into the City Ordinance.
Excerpt of Planning Commission Meeting Minutes of March 19, 2018 Page 10 of 10
Página 73
By-Laws of the Planning Commission
of the City of Dover
Objectives
Section 1 The objectives and purposes of the Planning Commission of the City of Dover, Delaware, are
those set forth in Chapter 7, Title 22 of the Delaware Code annotated, and amendments, supplements,
thereto, and those powers and duties delegated to the Planning Commission by the City Council of the
City of Dover pursuant to state statute.
Powers, Duties and Procedures
Section 2 The duties, powers and procedures of the Planning Commission be as set forth in the following
documents:
(a) The resolution f the City Council establishing such Planning Commission;
(b) The Building Zone Ordinance as to matters relating to amendments to site plan approval;
(c) The Subdivision Regulations as to the review and approval of subdivision plats;
(d) As to the regulations set forth herein for all other matters for which the Commission has the
responsibility.
Officers
Section 3.1 The officers of the Planning Commission shall consist of a Chairman and Vice-Chairman.
Section 3.2 The Chairman shall preside at the meetings and hearings of the Planning Commission and
shall have the duties usually conferred upon a presiding officer. He shall continue to exercise the
prerogatives of an individual member of the Commission while performing the duties of presiding
officer.
Section 3.3 The Vice Chairman shall be the presiding officer in the absence of the Chairman.
Recording and Corresponding Secretary
Section 4 The Commission shall appoint a Secretary who shall not be a member of the Commission or an
officer, and shall have the following duties and responsibilities:
(a) Prepare agenda for all meetings with the Chairman and provide notice of meetings to
Commission members.
(b) Keep minutes of all meetings, and record of the Commission.
(c) Act as agent for the Commission in receiving submissions, applications, correspondence, etc.
(d) Act as agent for the Commission in arranging for notice of public hearings and notifying
interested parties of Commission actions as authorized by the Commission.
Official Records
Página 74
Section 5 The City Clerk shall be the official custodian of the records of the Commission and shall make
them available to the public as provided by law. He may designate the office of the Secretary of the
Commission or the Planning Office as the place where such records shall be kept.
Elections of Officers
Section 6.1 The officers shall be elected by the Commission at the annual organization meeting which
shall be the regular scheduled meeting in July of each year. Election of officers shall be held by secret
ballot.
Section 6.2 A candidate receiving a majority vote of the entire membership of the Planning Commission
shall be declared elected and shall serve for one year or until his or her successor shall take office.
Section 6.3 Vacancies in offices shall be filled by the Commission at any scheduled or special meeting.
Section 6.4 The Chairman and Vice Chairman shall be limited to three consecutive one-year terms. A
former Chairman or Vice Chairman who has held three consecutive terms in such position may be
elected to that position after vacating the position for a period of one year.
Meetings
Section 7.1 The Commission shall hold one public meeting during each calendar month.
Section 7.2 The monthly meeting date for the coming year shall be established by a majority of the
Commission at its organization meeting of the year. The date of the public meeting can be changed
during the year by a majority of the Commission
Section 7.3 The Commission will receive all applications concerning matters within its jurisdiction only at
its public meetings. All times to be submitted for consideration at any public meeting shall be submitted
in complete and final form for Commission consideration not less than thirty days prior to said meeting.
No items submitted subsequent to this time shall be placed upon the Agenda except by a majority vote
of the Commission members present at such meeting. The official date of receipt of any matter
presented to the Commission shall be the date of the first public meeting at which such matter is
received for consideration. Any maximum time periods established by the Zoning Ordinance or other
local laws limiting the time for consideration of any matter by the Planning Commission shall commence
on such date of the receipt.
Section 7.4 A majority of the membership of the Commission shall constitute a quorum. The Commission
may act on any matter by a majority vote of such quorum.
Section 7.5 All formal votes to record the decision of the Commission on any matter referred to it shall
be taken only by a quorum at a public meeting. By a majority vote of those members present the
Commission may convene in executive session. However, all formal votes to record the Commission’s
decision shall only be taken during periods in which such meetings are open to the public.
Página 75
Section 7.6 Special meeting may be called by the Chairman or by a majority of the Commission,
providing that not less than 24 hours notice by writing or telephone is given to each member of the
Commission. Such meetings shall be executive sessions at which no formal votes shall be taken.
Section 7.7 All public and special meetings shall be held in City Hall or other public facility with proper
public notification.
Agenda
Section 8 The Secretary shall prepare the proposed Agenda for each public meeting, with the Chairman
not less than ten days prior to the date of such meeting, and shall transmit a copy of the Agenda to each
Commission member on such date of preparation. No items will appear on such proposed Agenda
except those for which applications or written requests have been received not less than thirty days
prior to the date of the public monthly meeting as set forth in Section 7 above. The Commission may
amend the proposed Agenda by a majority vote of those members present.
Section 9.1 The order of business at public meetings shall be as follows:
(a) Roll Call.
(b) Adoption of Minutes of previous meetings.
(c) Approval of Agenda
(d) Communications
(e) Report of Officers and Committees
(f) Old Business
(g) New Business
(h) Referrals, Administrative Reviews, Petitions, Applications and Other Matters presented by the
public.
Section 9.2 The order of business at special meetings shall be as determined by the Commission.
Section 9.3 At all meetings and hearings attended by the public, the Chairman shall make a brief
statement indicating the nature of each item on the Agenda, except that in the case of petitions,
applications and other matters presented by the public, such statement shall be made by the person
introducing the matter.
Section 9.4 Minutes of all public and special meetings of the Commission shall form part of the records
of the Commission and shall be available to the public when duly adopted by the Commission.
Committees
Section 10.1 There may be a Subdivision Committee appointed by the Chairman with the approval of the
Commission at the annual organization meeting. It shall consist of three members who shall serve until
the next annual meeting. The Chairman may make appointments to bring the committee to full strength
in the event of temporary absence of committee members.
Section 10.2 Other Committees may be appointed by the Chairman from time to time with the approval
of the Commission.
Página 76
Public Hearings
Section 11.1 The Commission shall hold public hearings as required by statute and applicable ordinances
of the City. In addition to those required by law, the Commission may at its discretion hold public
hearing when it considers that such hearings will be in the public interest.
Amendments
Section 12 These By-Laws may be amended at any time by a majority vote of the entire membership of
the Commission.
Adopted September 15, 1959
Amended November 17, 1975
Amended March 16, 1981
Amended March 19, 1981
Amended June 17, 1991
Amended January 25, 1995
Amended April 26, 1995
Amended August 16, 2010
Página 77
Hear Updates on
Project
────
Learn about
Survey Results
────
View Preliminary
Maps
────
AUGUST 23, 2018
Provide your
Ideas and
OPEN HOUSE
Comments
────
EVENT FOR THE Help Plan for the
COMPREHENSIVE future of Dover
PLAN
CONTACT:
Thursday, August 23rd from 3:00pm to 7:00pm
at Dover Public Library, 35 Loockerman Plaza CITY OF DOVER
Meeting Rooms A&B PLANNING OFFICE
Presentations at 3:30pm and 5:30pm City Hall
15 Loockerman Plaza
Dover DE 19901
Join us at the Open House Event for the Comprehensive
Plan. The City of Dover is creating a new 302-736-7196
Comprehensive Plan for 2019 and this is an
opportunity for you to participate in its
www.cityofdover.com/2019-
development. Stop by the Open House any
comprehensive-plan
time to visit with Staff and then hear
Presentations on the project at specific times. compplan@dover.de.us
Página 78
INFORMATION for discussion on development of the 2019 Comprehensive Plan
EXCERPT from 2008 Comprehensive Plan
Table 1-1: Plan Chapter Goals:
Goal 1: Protect the Natural Environment
Goal 2: Improve Watershed Quality
Natural Resources
and Environmental Goal 3: Encourage Green Development and Sustainable Energy
Protection Practices
Goal 1: Preserve and Protect Historic Resources
Goal 2: Provide and Promote Incentives for Preservation
Activities
Historic
Preservation Goal 3: Increase Public Information on Historic Resources
Goal 4: Collaborate with Diverse Groups and Governments
Goal 1: Proactively Maintain Existing Infrastructure and Expand
Infrastructure When Beneficial
Public Utilities and Goal 2: Enhance Infrastructure to Meet Community Needs
Community
Infrastructure Goal 3: Meet or exceed the State and Federal requirements of
the NPDES permit and Stormwater Management Plan
Goal 1: Provide a System of Interconnected Open Space Areas
and Recreational Opportunities
Goal 2: The City must be prepared to face and quickly address
potential disasters both natural and man-made.
Community Services
and Facilities Goal 3: The City should provide and Maintain high quality
police, fire, and ambulance services to all residents, properties,
and visitors within Dover.
Goal 4: The City should work to ensure the protection and
preservation of its own resources ranging from natural, historic,
Excerpt from 2008 Comprehensive Plan
1
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and cultural including the physical facilities containing these
resources.
Goal 5: Protect and Preserve the City Owned Resources
Goal 1: Preserve and Maintain the Existing Transportation
System
Goal 2: Increase Coordination with Agencies
Goal 3: Develop and Expand Alternate Modes of Transportation
Transportation
Goal 4: Create Recommendations and Policies for Roadways and
Development
Goal 5: Air Quality: The Ozone Challenge
Goal 1: Attract and Retain High-Paying Quality Jobs by
Targeting Large Firms and Businesses to Major Growth Areas in
the City
Goal 2: Revitalize Downtown Dover as a Vibrant Town Center
Integrating the Hospital, the Colleges & Universities, the State
and City Governments with Business (Retail and Professional),
Housing and Tourism
Economic
Goal 3: Ensure that Zoning Requirements Encourage the Uses
Development
Desired and Do Not Create Impediments to Desired Business
Growth
Goal 4: Create an Environment for Long Term Economic
Investment in Dover Focusing on Green Technology and
Entrepreneurial Businesses
Goal 5: Actively Market Garrison Oak
Excerpt from 2008 Comprehensive Plan
2
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Goal 1: Encourage Balanced Housing Opportunities for All
Income Levels and Phases in Life
Housing & Goal 2: Preserve Existing Housing Stock
Community Goal 3: Provide Safe Livable Neighborhoods
Development
Goal 4: Provide Homeownership Opportunities for
Low/Moderate Income
Source: The 2008 Dover Comprehensive Plan
Table 1-2: Land Development Plan Goals
To develop and maintain an adequate supply of
housing of varying type, size, and densities that are
aesthetically pleasing and located within
Residential Land neighborhoods designed or redesigned to promote
Uses convenience, conservation, and access to the greater
community, but which are properly buffered through
distance and landscaping from incompatible land uses.
Enhance the role of Downtown Dover as a major
employment, residential and commercial center as
Downtown well as the symbolic and cultural heart of the
Dover community, and recognize its unique heritage and
historic resources. Provide for mixed use
development allowing greatest variation of uses.
• Continue to facilitate project development
processes for construction in accordance with
approved Master Plan Pattern Book and TND
Mixed Use concept.
• Support efforts to implement the road and
walking trail connections linking Eden Hill Farm
TND to the existing circulation network.
Excerpt from 2008 Comprehensive Plan
3
Página 81
• Encourage quality architecture within the
development in accordance with the Pattern
Book and intent of the TND Ordinance.
• Participate in the planning for the project’s open
space areas including the area of the historic
farm complex, alleys, and southern portion of
the project near Puncheon Run.
Maintain and improve the City’s position as a regional
commercial center, while providing its citizens
Commercial
convenient access to needed goods and services
Land Uses
through well designed and spaced community and
neighborhood commercial centers.
Maintain and improve the City’s position as a center of
Government and government, education, and medicine through
Institutional support of existing institutions and encouraging well
Land Uses designed campuses that are integrated into the
community and have room to expand.
Create a more vibrant, growing economy with a
Employment broader range of job opportunities through an
Centers increase in office and industrial development in
appropriate and designated areas.
Create a favorable and compatible environment for
Dover Air Force Dover Air Force Base through a resolute commitment
Base to provide all reasonable planning accommodations to
protect the Base.
Preserve and enhance the existing network of public
parks, and expand the public park system to meet the
Public Open needs of the current and future population. Special
Space consideration should be given to preserving natural
features, such as Silver Lake and the St. Jones River,
for public use and aesthetic enjoyment, and to make
Excerpt from 2008 Comprehensive Plan
4
Página 82
future and existing parks more accessible via a
citywide network of bicycle and pedestrian pathways
Promote the construction of neighborhood parks and
playgrounds within new residential developments and
cooperate with the private sector and community
Private Open homeowners associations to help them meet their
Space recreational needs. Support the creation of new
private efforts that help meet the recreational needs of
the community.
Support the continuation of existing active agricultural
uses as a viable and important component of the land
Agricultural Land use and open space mix in Dover, especially where
Uses agricultural lands form logical transitions between
developed areas in the City and rural, agricultural
areas in the County.
Protect the natural environment and prevent the
Environmentally destruction of property through the preservation of
Sensitive Areas significant ecological systems which naturally work to
enhance the quality of life for residents.
Source: The 2008 Dover Comprehensive Plan, Chapter 12, Land Development Plan
Excerpt from 2008 Comprehensive Plan
5