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CITY OF DOVER BOARD OF ADJUSTMENT AGENDA Wednesday, May 20, 2020 at 9:00 AM Virtual Meeting The Board of Adjustment will hold a virtual meeting on WEDNESDAY, May 20, 2020 at 9:00 AM to review and comment on the following application. The Board of Adjustment Meeting for May 20, 2020 at 9:00AM will be held only as a Virtual Meeting using WebEx. Representatives of each Project Application will receive a specific invitation to attend this meeting. Regular Board of Adjustment member participants will receive a specific invitation to attend meeting as a Panelist. Public Participation Information To Attend City of Dover Board of Adjustment Meeting of May 20, 2020 Public Participation Information: Dial 1-408-418-9388 Event number/Access code: 715 665 453 Event password: BOAMeeting https://cityofdoverde.webex.com/cityofdoverde/onstage/g.php?MTID=ee8d1f04525eed72195ef98f 64ab0cc3b ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES of January 15, 2020 Meeting COMMUNICATIONS & REPORTS 1. Reminder: The next Board of Adjustment regular meeting date is June 17, 2020 at 9:00am. NEW BUSINESS Applicant #V-20-02 245 McKee Road. Delaware Department of Corrections has requested a variance from the requirements of the Zoning Ordinance, Article 5 §4.7 of the Zoning Ordinance pertaining to permitted sign height and sign area for Nonresidential Uses Adjacent to Residential Districts along an Urban Minor Arterial. Specifically, to increase the height from 7 ft. to 8 ft. tall for a monument sign with an electronic message center and to increase the total area of the sign face from 32 SF. to 42.5 SF. at the entrance to their facility on McKee Road. Subject property is zoned IPM (Industrial Park Manufacturing Zone) and subject to the COZ-1 (Corridor Overlay Zone 1). The Tax Parcel is ED-05-067.00-02-16.00-000. The owner of record is National Cup Co. Applicant #V-20-03 - WITHDRAWN 8 Bent Stick Way. Liborio Watergate, LLC has requested an area variance from the requirements of the Zoning Ordinance, Article 4 §4.7 pertaining to the minimum rear yard setback

Board of Adjustment Agenda May 20, 2020 Page 2 of 2 requirements in the RM-1 (Medium Density Residence Zone). Specifically, the applicant proposes to reduce the rear setback to 25 ft. from the required 30 ft. setback. Subject property is zoned RM-1 (Medium Density Residence Zone) and is within the Chestnut Grove Farms Subdivision. The Tax Parcel is ED-05-066.04-02-39.00-000. The owner of record is Liborio Watergate, LLC. This application has been withdrawn at the request of the applicant. ADJOURN 29 Del. C. § 10004(e)(2) 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.

CITY OF DOVER BOARD OF ADJUSTMENT MINUTES January 15, 2020 A Regular Meeting of the City of Dover Board of Adjustment was held on Wednesday, January 15, 2020 at 9:00 A.M. with Vice Chairman Colonel Ericson presiding. Members present were Vice Chairman Colonel Ericson, Mr. Keller, Mr. Senato and Mr. Hufnal. Mr. Sheth was absent. Staff members present were Mr. Swierczek, Mr. Hugg, Mrs. Bulkilvish, City Solicitor Mr. Rodriguez, and Mrs. Savage-Purnell. APPROVAL OF AGENDA Mr. Hufnal moved to approve the agenda as submitted. The motion was seconded by Mr. Senato and unanimously carried 4-0. Mr. Sheth was absent. APPROVAL OF THE REGULAR BOARD OF ADJUSTMENT MEETING MINUTES OF SEPTEMBER 18, 2019 Mr. Keller moved to approve the meeting minutes of September 18, 2019 with the necessary corrections. The motion was seconded by Mr. Hufnal and unanimously carried 4-0. Mr. Sheth was absent. OPENING REMARKS CONCERNING APPLICATIONS Mr. Dave Hugg, Planning Director stated that the meeting today will be conducted in accordance with the Agenda. There is one new (1) application on the agenda under New Business. Each Application file will be read, and the floor will be opened for questions of the applicant by the Board and for public testimony. If the Board needs to consult the City Solicitor, they will recess to discuss legal matters. If the applicant must leave, they can contact the Planning Office at 736- 7196 to learn of the Board’s decision. A formal notice of the decision will be mailed to the applicants. Approved variances expire after one year if the approved project has not commenced. All public notice for the new application on this agenda was completed in accordance with Code requirements. The meeting agenda was posted in accordance with Freedom of Information Act requirements. COMMUNICATIONS & REPORTS The next Board of Adjustment regular meeting is scheduled for February 19, 2020 at 9:00am in the City Council Chambers. NEW BUSINESS Applicant #V-20-01 414 and 422 North New Street. Church of the Holy Cross has requested a variance from the requirements of the Zoning Ordinance, Article 5 §4.7 pertaining to permitted sign types and maximum permitted sign height, to allow construction of a 12-foot 9-inch tall archway sign on the grounds of Holy Cross Cemetery. Subject properties are zoned ROS (Recreation and Open Space Zone). The Tax Parcels are ED-05-067.20-03-02.00-000 and ED-05-067.20-03-01.00-000.

CITY OF DOVER BOARD OF ADJUSTMENT JANUARY 15, 2020 The owner of record is Church of the Holy Cross. Exhibits for the Record: Staff Report, Zoning Exhibit, and statement and plans submitted by the applicant. Legal Notice was published in the Delaware State News on January 5, 2020. The public was notified in accordance with regulations. Chairman Sheth questioned if there was any member present who had a conflict of interest and there was none. Mr. Swierczek gave a summary presentation of the Variance Application Request for a variance from the requirements of the Zoning Ordinance, Article 5 §4.7 pertaining to permitted sign types and maximum permitted sign height, to allow construction of a 12-foot 9-inch tall archway sign on the grounds of Holy Cross Cemetery. They are requesting these variances because they would like to permit a sign type (an archway sign) not allowed by Zoning Ordinance and to permit a sign height of 12 feet 9 inches, above the 7-foot maximum allowed on an Urban Collector street. Mr. Swierczek noted that there was a similar application for an archway sign over the entrance to the Lakeside Cemetery that came before the Board of Adjustment in 2017. The application was presented by Kent Signs and an image of that sign is presented as Exhibit F in your packet. Chairman Sheth questioned if there was any member present who had a conflict of interest and there was none. Representative: Mr. Len Dornberger, Holy Cross Cemetery Administration. Mr. Len Dornberger was sworn in by City Solicitor Mr. Rodriguez. Mr. Dornberger mentioned that although Mr. Swierczek has represented them very well, they are requesting an archway sign be erected at the entrance of the cemetery. The sign will be facing the Armory Reserve Center on Clara Street. There has been discussion, and this is something that they have been wanting to do for many years. Here we are today asking for approval to move this project forward. We really believe the sign enhances as opposed to the distraction from the neighborhood. It enhances the nature and beauty of the cemetery. It also identifies the cemetery as being a Holy Cross Christian cemetery. We have had many people as you are probably aware migrate from New York, New Jersey, and Pennsylvania states into the Dover area. Many of those people have become parishioners of Holy Cross Church. Upon talking to many of these people, they have no idea that Holy Cross Church has a cemetery or its location. Now they realize that there is a Catholic Cemetery in Kent County; it’s the only Catholic Cemetery and has been for 150 years this year. Another issue they face is they have one entrance into the cemetery that is off Clara Street and two exits. One exits off William Street and the other New Street. They are not clearly marked, and people are driving into the cemetery through the exits. This could create a problem because the driveways are very narrow, basically allowing only one vehicle to pass. If you have people coming in from different directions, you end of creating roadblocks or driving over graves. The sign would do a lot of things for us and would help to protect from traffic jams inside the cemetery. 2

CITY OF DOVER BOARD OF ADJUSTMENT JANUARY 15, 2020 Colonel Ericson asked Mr. Dornberger if he was familiar with the Lakeside sign and entrance. Mr. Dornberger replied yes. Colonel Ericson asked if their proposal was the same size. Mr. Dornberger replied he would defer that question to Mrs. Diehl from Kent Signs. Mr. Swierczek replied that the Lakeside sign is 13-feet in height and Holy Cross proposed sign is 12.9-feet which is 3-inches shorter. As to the area, he thinks Lakeside is slightly wider than this one. Mr. Keller asked if the exits were clearly marked with regards to the entrance/exit scheme. If he was to drive along William Street is there some signage that would prevent or suggest that I not enter the exit area. Mr. Dornberger replied actually there is a small sign on the pillar. Obviously, people are not seeing the sign. Mr. Keller asked if there was a similar exit sign on North New Street. Mr. Dornberger replied yes. Mr. Keller asked if anyone was present from Kent Signs, the designer of the sign. Mr. Dornberger replied yes, Mrs. Diehl was present. Mr. Keller mentioned that with the Board of Adjustment history, although it was pretty recent, he had no further questions with regards to this sign. Recalling the initiative taken by the Lakeside Cemetery personnel and their very similar sign that was installed. He thinks the sign would be a definite plus to the Holy Cross Cemetery location. Mr. Hufnal mentioned that he agreed with Mr. Keller because Lakeside raised a lot of the same concerns that you have, and that sign was approved two years ago. It looks great and he thinks that it would be a big improvement for the Holy Cross Cemetery area. Chairman Sheth opened the public hearing. Mr. Keller asked Mr. Swierczek if the requested variance was 13-feet and 9 inches or 12-feet and 9 inches as reflected in the recommendations section of the report. Mr. Swierczek replied 12-feet and 9 inches and apologized for the typo. Chairman Sheth closed the public hearing. Chairman Sheth questioned if there was any additional correspondence for the record. There was none. Mr. Hufnal moved to approve variance application V-20-01 based upon the testimony given and the Staff’s excellent Report. He also suggested that in the future, there would be changes to the sign regulations that would specifically address archway signs and give appropriate contact for the same. He hopes that it does not take another two years to address the wording for signs in the future. The motion was seconded by Mr. Keller. The motion unanimously carried 4-0. 3

CITY OF DOVER BOARD OF ADJUSTMENT JANUARY 15, 2020 The meeting was adjourned by Mr. Senato and seconded by Mr. Keller at 9:21 A.M. Sincerely, Maretta Savage-Purnell Secretary 4

City of Dover Board of Adjustment March 18, 2020 V-20-02 Location: 245 McKee Road Applicants: State of Delaware Department of Corrections Philip Hughes c/o National Cup Co. Colleen Allen c/o Rogers Sign Co., Inc. Owner: National Cup Co. Tax Parcel: ED-05-067.00-02-16.00-000 Application Date: February 14, 2020 Present Zoning: IPM (Industrial Park Manufacturing Zone) COZ-1 (Corridor Overlay Zone – 1) Present Use: State of Delaware Department of Corrections Administration Building Reviewed By: Samantha Bulkilvish, Planner I Variance Type: Area Variance Variance Requested: To permit a 42.5 SF sign, an addition of 10.5 SF above the maximum 32 SF sign and to permit an excess of one (1) ft. above the maximum 7 ft. height.

V-20-02 DE Department of Corrections Sign, 245 McKee Road Board of Adjustment Report Page 2 of 9 Project Description The property is the location of the State of Delaware Department of Corrections Administrative Building. There is an existing post and panel sign that is in need of repair or replacement (Exhibit F). The applicant proposes to install one (1) 42.5 SF monument sign with an electronic message center. The existing sign is a nonconforming sign according to the Zoning Ordinance, based on the property’s frontage on McKee Road (an “Urban Minor Arterial” street). However, the new proposed monument sign is not permitted, because it exceeds the maximum area of 32 SF for a Nonresidential Sign adjacent to a Residential District along an Urban Minor Arterial. The applicant is requesting an area variance from the Supplementary Sign Regulations given in the Zoning Ordinance, Article 5 §4.7 in order to allow an additional 10.5 SF of sign area and an additional one (1) foot of height. The use of the property as an administrative building is a permitted use in the IPM (Industrial Park Manufacturing Zone). The property’s location in the Corridor Overlay Zone (COZ-1) does not have any impact on sign regulations. The sign and its proposed location in front of the building are shown in Exhibit D and Exhibit I. Adjacent Land Uses This property located at 245 McKee Road is zoned IPM (Industrial Park Manufacturing Zone). The proposed location of the sign on the northeast side of McKee Road is along the frontage to the north of the entrance to the property (Exhibit E). Southeast of the site, immediately adjacent to it is the Northwest Dover Heights Subdivision made up of single family lots zoned R-7 (One- Family Residence Zone). Across McKee Road to the west and southwest of the site is the Hamlet Subdivision comprised of single family detached house lots zoned R-8 (One-Family Residence Zone) and townhomes zoned RG-3 (Group Housing Zone). To the northeast the property is bordered by the railroad. The parcel directly adjacent on the northwest side is owned by National Cup Co. as well and is vacant aside from a driveway to access the rear of the building being utilized by the Department of Corrections. This parcel is also zoned IPM (Industrial Manufacturing Park Zone). There are additional residential developments, personal service establishments, medical and professional offices as well as commercial retail within the vicinity of the site along McKee Road. A map of the property and surrounding area may be found in Exhibit A. Code Citations The City of Dover sign regulations found in Zoning Ordinance Article 5 §4 determine the allowable number, type and dimensional characteristics of signage on a property according to: ● The type of use ● Proximity to residential uses ● Classification of roads on which the property has frontage The administrative building is considered a permitted, non-residential use located adjacent to a residential use, as specified in Article 5 §4.3 of the Zoning Ordinance. The City of Dover sign regulations distinguish three (3) types of roads for purposes of determining allowable signage. McKee Road is an “Urban Minor Arterial” as defined by Article 5 §4.3.

V-20-02 DE Department of Corrections Sign, 245 McKee Road Board of Adjustment Report Page 3 of 9 The entire “Sign Table” from Zoning Ordinance Article 5 §4.7 is presented in Exhibit B. The section pertaining to this project is highlighted in the middle of the table. This section is what applies to “Nonresidential Uses Adjacent to Residential Districts or Uses” as shown in the vertical text on the left; and it shows the sign types, maximum number of signs, sign area, sign height, and minimum required setbacks and exclusion zones for signs on properties fronting on “Urban Minor Arterial” streets. For this property, a 7 ft. high monument sign with a sign area of 32 SF is permitted. The proposed sign, if granted a variance, would be one (1) ft. taller and 10.5 SF larger than the size limitations specified in the Zoning Ordinance. The Board of Adjustment in choosing to grant a variance may accept the sign as proposed or impose a different height and/or area limitation. Any future sign that replaces the sign permitted by this variance would be limited in height and area compliant with Code provisions or would be subject to another variance approved by the Board of Adjustment if the dimensions were to exceed those permitted by the Zoning Ordinance. The Table below compares what is permitted under Zoning Ordinance, Article 5 §4.7 to the applicant’s proposed signage: Table 1 Allowed and Requested Signage, 245 McKee Road Sign # Description Location Max size Max height % of Wall Area Setback (ROW) Exclusion Zone McKee Permitted 32 SF 7 ft. 5 ft. 20 ft. 1 Monument N/A frontage Requested 42.5 SF 8 ft. 5 ft. N/A Measuring the Size of the Sign The applicant took this sign through a few iterations and was assisted by Planning Staff in understanding the definitions given in the Zoning Ordinance, Article 5 §4.3. These definitions are as follows: Changeable sign: A sign with the capability of content change by means of manual or remote input, includes the following types: (1) Manually activated: Changeable sign whose messages, copy or content can be changed manually on a display surface. (2) Electrically activated: Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also "Electronic message center." Sign area: The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double-sided or "V" shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as 50 percent of the sum of the area of all faces of the sign. Sign face: The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural thematic or decorative trim, or any areas that are separated from the background surface upon which the sign copy

V-20-02 DE Department of Corrections Sign, 245 McKee Road Board of Adjustment Report Page 4 of 9 is displayed by a distinct delineation, such as a reveal or border. Sign height: The height of a sign shall be the vertical distance from normal grade to the highest point of the sign. Any berming, filling or excavating solely for the purpose of locating the sign shall be computed as a part of the sign height. The sign also features an electronic message center so Zoning Ordinance Article 5 §4.4 (E) Changeable signs was also taken into consideration. Article 5 §4.4 (E) Changeable signs E.1. Changeable signs may be incorporated into a sign face when the changeable component of the sign face occupies less than 70 percent of the total area of that sign face. E.2. Changeable sign area shall be integrated into the sign face and shall be enclosed by a border or similar enclosure so as to form one sign panel. The changeable area of the proposed sign is less than 70 percent of the total sign area. The Total sign area is 42.5 SF and the area of the electronic message center is 28.35 SF. approximately 66 percent of the total sign area. Exceptional Practical Difficulties Tests Zoning Ordinance Article 9 §2 dictates the specific powers and duties of the Board of Adjustment with regard to granting variances. Specifically, the Board must determine: 2.1 Variance – The board shall have the authority to authorize variances from provisions of the Zoning Ordinance that are not contrary to public interest where the board determines that a literal interpretation of the Zoning Ordinance would result in undue hardship or exceptional practical difficulties to the applicant. In granting variances, the board shall determine that the spirit of the Zoning Ordinance is observed and substantial justice is done. 2.11 Area Variance. A variance shall be considered an area variance if it relates to bulk standards, signage regulations, and other provisions of the Zoning Ordinance that address lot layout, buffers, and dimensions. In considering a request for an area variance, the board shall evaluate the following criteria and document them in their findings of fact: (a) the nature of the zone in which the property lies; (b) the character of the immediate vicinity and the contained uses therein; (c) whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses; and (d) whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in his efforts to make normal improvements in the character of that use of the property that is a permitted use under the provisions of the Zoning Ordinance. Review of Application As a part of the application, the applicant was asked to state how the requested variance relates to the above four criteria. The applicant’s responses are provided below, along with a staff assessment of the application in accordance with the required criteria. The applicant’s responses are also provided in Exhibit C. 1. The nature of the zone in which the property lies.

V-20-02 DE Department of Corrections Sign, 245 McKee Road Board of Adjustment Report Page 5 of 9 Applicant Response: “IPM: Industrial Park / Manufacturing Zoning Use: Non-Residential Uses Adjacent to Residential Districts Road Type: Urban Local Collector” Staff Response: As explained in the “Code Citations” section above, the signage regulations on this property come from its position on an Urban Minor Arterial, and its adjacency to a residential district, not from the IPM zoning. Despite the applicant giving the incorrect road type, the sign dimensions along an Urban Local Collector and an Urban Minor Arterial are the same. Monument signs are to be measured from grade to the top of the sign and the area is calculated by measuring the height and width of the sign face only. In this case, the sign face includes the static sign at the top as well as the changeable sign portion located directly beneath. Monument signs for properties on Urban Minor Arterials may be up to 32 SF and 7 ft. in height. The IPM zone permits a wide variety of businesses, including administrative offices. The building is a large single story building with a brick façade set further back from McKee Road than the neighboring residential dwellings. The parcel to the northwest is also zoned IPM but is vacant except for a chain link fence along its frontage and driveway that leads to the rear of the building at 245 McKee Road. The property is also located within the Corridor Overlay Zone which has no impact on the sign regulations. 2. The character of the immediate vicinity and the contained uses therein. Applicant Response: “Vicinity is mixed use – residential / industrial / commercial– with shopping centers containing retail, banks, and restaurant, medical approximately .5 miles in either direction.” Staff Response: Staff concurs with the applicant regarding the mixed uses of the immediate area. Most of the surrounding uses are residential including single family lots, townhouses, and an assisted living facility. Other uses include a church, medical and professional offices, restaurants and small retail establishments (The Shoppes at the Hamlet). 3. Whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses. Applicant Response: “The surrounding residential area(s) will not be affected as the sign will not be in anyone’s direct line of sight. The development across the street is protected from view by a berm and line of mature trees. The berm is 14’ high with fully mature trees 40’ to 60’ high (Exhibit H). The neighboring homes to the right of the property are blocked from view of signage by a fence and trees on the applicant’s property (Exhibit M). Currently there is a DOT portable electronic message center along the roadway in front of the applicant’s property that is 8’tall x 12’wide– the proposed signage would not be

V-20-02 DE Department of Corrections Sign, 245 McKee Road Board of Adjustment Report Page 6 of 9 offensive or distracting to anyone. The DOT Sign is over twice the size of what we are proposing that is placed on site (Exhibit J). Please see attached photographs.” Staff Response: When property owners seek to exceed the sign regulations, Staff concern is typically with whether the additional signage is excessive in nature, such that it may distract passing drivers or spark competition for larger signs from neighboring businesses. While there will not be any competition for larger neighboring signs because the surrounding uses are residential in nature, there is concern that the sign may be excessive and may distract passing drivers. There are other signs with smaller Electronic Message Center in the vicinity. However, the applicant has demonstrated that removing the restrictions will not seriously affect neighboring properties and uses. They clearly have shown in Exhibit H that directly across the street the sign would not be visible from the residences. Although the applicant says that the sign will be blocked from the adjacent property to the right by a fence and trees, they do not clearly demonstrate this (Staff has submitted Exhibit M to show the existing fence). Lastly, I would also suggest to the applicant that the landscaping around the sign be minimal to not block the sign from view in the future. Care should be taken to maintain the existing vegetation on the property to keep a clear line of site to the sign from passing motorists. 4. Whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in his efforts to make normal improvements in the character of that use of the property that is a permitted use under the provisions of the Zoning Ordinance. Applicant Response: “If not granted this Variance it will be a serious hardship to the State of Delaware Department of Corrections. Presently the Department of Corrections has a sign that is in need of replacing. The existing sign is weathered and rotten, it has become a safety concern. It is much larger in size than we are requesting. It is 55 square feet, larger than the 32 square feet allowed by the City. The State of Delaware is requesting a smaller sign of 42 square feet. Our request for the Electronic Message Center is desperately needed for Recruitment of New Corrections Officers, Department of Corrections Information to the General Public, Public Meetings & Hearings Notices, times of Classes & Special State of Delaware Events that take place at this facility. If not granted the Variance for the square footage requested, it will not benefit anyone with such a small sign. It will not be visible to be effective and not be spending the tax payers’ money wisely. The frontage of the property is so wide and the building so massive, any sign at 32 square feet will not be large enough to be visible and effective for the traveling public at the

V-20-02 DE Department of Corrections Sign, 245 McKee Road Board of Adjustment Report Page 7 of 9 speeds they travel. It will appear as would a small real estate sign in front of a huge building. The State of Delaware Department of Corrections is in dire need to get the message out to the public for Correction Officers Recruitment with the serious shortage that exists. Electronic Message Centers have proven to increase inquiries up to 45% and foot traffic over 60% coming into the offices. Again, this will be a serious hardship if not to be granted the Variance for the requested square footage.” Staff Response: Staff agrees that the current nonconforming Department of Corrections sign needs repair or replacement. The applicant is asking to replace the sign with a sign that is more compliant than the existing sign. The hardship that the applicant is claiming is that the State of Delaware Department of Corrections would be left without a way to increase the visibility of the program and to recruit new officers. One option the applicant has is to put up a sign with a smaller electronic message center. A 32 SF sign in compliance with the Zoning Ordinance can have an Electronic Message Center (EMC) that is less than 70% of the total sign area which would work out to be anything less than 22.4 SF. The area of the EMC that the Department of Corrections is asking for is 28.35 SF, only slightly larger than what is permitted by Code. It is questionable whether the quantity and type of messaging that the Department of Corrections would like to share would be clearly visible to passing motorists on a sign that measures less than 22.4 SF. The applicant could forego the Electronic Message Center and just put up a new 32 SF sign to identify the business name in compliance with the Zoning Ordinance, but this would not address their hardship for the need to advertise upcoming classes, recruiting events and public meetings. In order to advertise for events under the current Zoning Ordinance the applicant could apply for a Temporary Sign Permit for events. A Temporary Sign Permit is only valid for 90 calendar days within a calendar year for the entirety of the property. The applicant would exceed this timeframe very quickly and would have to request a variance from Zoning Ordinance, Article 5 §4.9 regarding Temporary signs. Variance Recommendation Staff recommends approval of a variance to permit a 42.5 SF sign at 245 McKee Road along its frontage, as shown in the applicant’s sign package, for the following reasons: • The size of this requested sign is not excessive and would be a decrease in square footage from the existing sign. • The sign would not have a negative impact on adjacent residential properties as they are shielded from view by a fence, berm and vegetation. • An electronic message center would allow the applicant to advertise upcoming events and activity needs without exceeding the 90-day per calendar year limit on Temporary Signs.

V-20-02 DE Department of Corrections Sign, 245 McKee Road Board of Adjustment Report Page 8 of 9 Staff does not recommend approval of a variance to permit an 8 ft. tall sign at 245 McKee Road, as shown on the applicant’s rendering, for the following reasons: • The proposed sign can be amended to be 7 ft. by adjusting the height of the base without decreasing the area of the sign face. • The applicant has not demonstrated that the additional height would benefit the advertisement of events in any way. Advisory Comments to the Applicant • If granted, variances become null and void if work has not commenced within one (1) year of the date the variance was granted. At present there is no provision for extension. • A Sign Permit application must be filed for review prior to installation of the sign if the variance is approved.

V-20-02 DE Department of Corrections Sign, 245 McKee Road Board of Adjustment Report APPENDIX/ATTACHMENTS GUIDE TO ATTACHMENTS Exhibit Description/Author # Pages A Zoning Exhibit Map 1 (Staff) B Sign Table from Zoning Ordinance Article 5 1 Section 4.7 (Staff) C Applicant Responses to Criteria 2 D Proposed Sign Rendering (applicant) 1 E Sign Location on Aerial (applicant) 1 F Photo of Existing Sign (applicant) 1 G Photo of Existing Sign on Google Street View 1 (applicant) H Photo of Neighboring property across McKee 1 Road from Sign (applicant) I Proposed New Sign Location Overlaid on Current 1 Sign (applicant) J DelDOT Electronic Message Center in front of 1 DOC (applicant) K Surrounding Zoning (applicant) 1 L Property Information (applicant) 4 M Street View of Fence Along Neighboring Property 1 (Staff)

City of Dover Exhibit A Application No.: V-20-02 Department of Planning & Inspections R-20 R-20 ROS Wes tm in s terD RG-5 r M IO IPM Site IO RG-3 Fo re st Cr ee ve k Dr o A nn A nz A lo RG-3 r Old M Dr For cK ge ee R-7 ROS D Rd R-7 R-8 R-8 Qu a il H ollo r Dr w Dr ylo ROS R-8 Ta R-7 R-8 Title: Delaware Department of Corrections EMC Sign Address: 245 McKee Road Parcel IDs: ED-05-067.00-02-16.00-000 Legend Zoning: IPM (Industrial Park Manufacturing Zone) Owner: National Cup Subject Property Date: 03/04/2020 Dover Parcels Zoning 2012 Buildings Kent County Parcels « 0 150 300 600 Feet Dover Boundary

Exhibit B Zoning Ordinance , Article 5 §4.7 SIGN TABLE Use Road Type Permitted Signs Specific Sign Type Number Max. Size Max. % of Total Setback Exclusion Permitted Height Wall Area (R.O.W.) Zone Single-Family Detached Residential Uses and All Streets Signs permitted in § 4.5 only Semi-Detached Post or 1/entrance 12 S.F. 7 feet N/A 5 feet 20 feet Nonresidential Uses in Professional Office All Streets Monument Wall 1/frontage 16 S.F. N/A < = 15% N/A N/A Wall & 1/frontage 32 S.F. N/A < = 15% N/A N/A Residential Districts Subdivisions Multi-Family Residential Uses All Streets Mobile Home Parks Monument or 2/entrance 32 S.F. 7 feet N/A 5 feet 20 feet Post and Panel Places of Worship Wall & 2/frontage 32 S.F. N/A < = 15% N/A N/A Monument or 1/entrance 32 S.F. 7 feet N/A 10 feet 20 feet Daycare Centers Post and Panel Urban Principal OR Nonresidential Uses Adjacent to Arterial Approved Conditional Uses Post** & 1/frontage 16 S.F. 7 feet N/A 5 feet 5 feet Educational/ Institutional Pylon* 1/frontage 32 S.F. 30 feet N/A 30 feet 50 feet Wall & 2/frontage 32 S.F. N/A < = 15% N/A N/A Monument or 1/entrance 32 S.F. 7 feet N/A 5 feet 20 feet Urban Minor Post and Panel All Other Approved Arterial OR Residential Districts or Uses Nonresidential Uses Post** 1/frontage 16 S.F. 7 feet N/A 5 feet 10 feet Wall & 2/frontage 32 S.F. N/A < = 15% N/A N/A Urban Local/ Monument or 1/entrance 32 S.F. 7 feet N/A 5 feet 20 feet Collector Post and Panel OR Post** 1/frontage 16 S.F. 7 feet N/A 5 feet 10 feet Wall & 2/frontage No max N/A < = 15% N/A N/A Monument or 1/entrance 100 S.F. 10 feet N/A 10 feet 20 feet Urban Principal Post and Panel Arterial & Pylon OR * 1/frontage 100 S.F. 30 feet N/A 15 feet 50 feet Nonresidential Uses in Pylon* 1/frontage 150 S.F. 30 feet N/A 31 feet 50 feet Wall & 2/frontage 64 S.F. N/A < =15% N/A N/A Monument or 1/entrance 64 S.F. 7 feet N/A 5 feet 20 feet Urban Minor Nonresidential Uses Post and Panel Arterial OR Nonresidential Districts Post** 1/frontage 16 S.F. 7 feet N/A 5 feet 10 feet Wall & 2/frontage 32 S.F. N/A < = 15% N/A N/A Urban Local/ Monument or 1/entrance 32 S.F. 7 feet N/A 5 feet 20 feet Collector Post and Panel OR Post** 1/frontage 16 S.F. 7 feet N/A 5 feet 10 feet * Denotes that an additional wall sign may be permitted/added in lieu of a freestanding pylon sign. ** Post sign would be in lieu of a monument sign or post and panel sign.

Page 1 of 2 Rogers Sign Co., Inc. - Delaware Department of Corrections 245 McKee Road City of Dover Board of Adjustment Application Criteria: 1. The nature of the zone in which the property lies; IPM: Industrial Park / Manufacturing Zoning Use: Non-Residential Uses Adjacent to Residential Districts Road Type: Urban Local Collector 2. The character of the immediate vicinity and the contained uses therein; Vicinity is mixed use – residential / industrial / commercial– with shopping centers containing retail, banks, and restaurant, medical approximately .5 miles in either direction. 3. Whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses; and The surrounding residential area(s) will not be affected as the sign will not be in anyone’s direct line of sight. The development across the street is protected from view by a berm and line of mature trees. The berm is 14’ high with fully mature trees 40’ to 60’ high. The neighboring homes to the right of the property are blocked from view of signage by a fence and trees on the applicant’s property. Currently there is a DOT portable electronic message center along the roadway in front of the applicant’s property that is 8’tall X 12’wide– the proposed signage would not be offensive or distracting to anyone. The DOT Sign is over twice the size of what we are proposing that is placed on site. Please see attached photographs. 4. Whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in his efforts to make normal improvements in the character of that use of the property that is permitted uses under the provisions of the zoning ordinance. If not granted this Variance it will be a serious hardship to the State of Delaware Department of Corrections. Presently the Department of Corrections has a sign that is in need of replacing. The existing sign is weathered and rotten, it has become a safety concern. It is much larger in size

Page 2 of 2 Rogers Sign Co., Inc. - Delaware Department of Corrections 245 McKee Road City of Dover Board of Adjustment Application Criteria: Continued… than we are requesting. It is 55 square feet, larger than the 32 square feet allowed by the City. The State of Delaware is requesting a smaller sign of 42 square feet. Our request for the Electronic Message Center is desperately needed for Recruitment of New Corrections Officers, Department of Corrections Information to the General Public, Public Meetings & Hearings Notices, times of Classes & Special State of Delaware Events that take place at this facility. If not granted the Variance for the square footage requested it will not benefit anyone with such a small sign. It will not be visible to be effective and not be spending the tax payers’ money wisely. The frontage of the property is so wide and the building so massive, any sign at 32 square feet will not be large enough to be visible and effective for the traveling public at the speeds they travel. It will appear as would a small real estate sign in front of a huge building. The State of Delaware Department of Corrections is in dire need to get the message out to the public for Correction Officers Recruitment with the serious shortage that exists. Electronic Message Centers have proven to increase inquiries up to 45% and foot traffic over 60% coming into the offices. Again, this will be a serious hardship if not to be granted the Variance for the requested square footage.