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AGENDA CITY OF DOVER PLANNING COMMISSION Monday, July 18, 2011 – 7:00 P.M. - City Hall: Council Chambers PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA ADOPTION OF MINUTES OF REGULAR MEETING of June 20, 2011 COMMUNICATIONS & REPORTS 1) The next Planning Commission Quarterly Workshop is scheduled for Tuesday, August 16, 2011 at 4:00pm in the City Hall Conference Room. 2) Report on City Council actions 3) Update on other Planning activities OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS OLD BUSINESS 1) Requests for Extensions of Planning Commission Approval: a) C-10-02 The Arbors at 1051 College Road – Request for extension of the conditional approval granted on August 16, 2010 by the Planning Commission to the Conditional Use Site Plan Review to permit the construction of a 55,350 S.F. multi-family building with 48 total units (condominium style units) and associated site improvements. The project is located on one parcel of land totaling 4.32 acres ± and is zoned RG-2 (General Residence Zone). The subject area is located on the north side of College Road, just west of McKee Road. The owner of record is JNK, LLC. Tax Parcel: ED-05-067.00-01-35.03-000. Council District 1. NEW DEVELOPMENT APPLICATIONS 1) S-11-09 State Street Plaza at 1004 S. State Street – Public Hearing and Review of a Site Plan for the construction of a 9,942 SF office building and other associated site improvements at 1004 South State Street. The property is 0.7635 acres ± and is zoned C-2A (Limited Central Commercial Zone). The property is located on the west side of South State Street at the intersection with Wyoming Avenue. The owner of record is Gateway South Professional Center, LLC and the equitable owner is ADP Properties, Inc. Property Address: 1004 South State Street. Tax Parcel: ED05-077.17-07-21.00-000. Council District 2. 2) MI-11-06 Text Amendment: Revisions to Article 10 of the Zoning Ordinance (Appendix B) – Public Hearing and Review for Recommendation to City Council of a series of Amendments to the Article 10 of the Zoning Ordinance related to the procedures and requirements for applications to the Planning Commission and Historic District Commission. The proposed changes are aimed at improving consistency within the ordinance, clarifying

City of Dover Planning Commission Agenda Public Hearing: July 18, 2011 Page 2 of 2 and streamlining review processes, removing antiquated language, and expanding public notification requirements. Ordinance #2011-14. NEW BUSINESS 1) Review of Draft “Policy on Physical Posting Requirements” 2) Nomination and Election of Officers (Chairman and Vice-Chairman) 3) Appointment of the Architectural Review Oversight Subcommittee of Planning Commission (in accordance with Zoning Ordinance, Article 10 §2.28) 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.

CITY OF DOVER PLANNING COMMISSION June 20, 2011 The Regular Meeting of the City of Dover Planning Commission was held on Monday June 20, 2011 at 7:00 PM with Chairman Hemmig presiding. Members present were Mr. Hemmig, Mr. Tolbert, Colonel Welsh, Mr. Baldwin, Mr. Nichols, Mr. Holt, Mr. Ambruso, and Mr. Shomo. Mr. Friedman was absent. Staff members present were Mrs. Melson-Williams, Mrs. Duca, Ms. Cornwell, Mr. Albert and Ms. Metsch. Also present were Mr. Rick Gould, Mr. Mike Henry, Mr. Rich Vetter, Mr. Ryan Becraft, Mr. Michael Cassidy, and Mr. Constantine Malmberg. Also speaking from the public was Dr. Steven Schlesinger. APPROVAL OF AGENDA Mr. Tolbert moved to approve the agenda as submitted, seconded by Mr. Holt and the motion was unanimously carried 8-0 with Mr. Friedman absent. APPROVAL OF THE PLANNING COMMISSION MEETING MINUTES OF MAY 16, 2011 Colonel Welsh moved to approve the regular Planning Commission meeting minutes of May 16, 2011, seconded by Mr. Tolbert and the motion was unanimously carried 8-0 with Mr. Friedman absent. COMMUNICATIONS & REPORTS Mrs. Melson-Williams stated that the next Quarterly Workshop is scheduled for Tuesday, August 16, 2011 at 4:00 PM in the City Hall Conference room. Mrs. Melson-Williams further stated that an APA Audio Web Conference regarding the 2011 Planning Law Review session will be held on June 29, 2011 at 4:00 PM. This audio web conference is hosted at the Kent County Administration Building in Room 220. The event would be co-sponsored by the Delaware Chapter of the APA and the Kent County Planning Office. Mrs. Melson-Williams provided an update on the regular City Council meeting of May 23, 2011, and the regular City Council, Utility Committee, the Parks Recreation and Community Enhancement Committee, and the Legislative, Finance and Administration Committee meetings of June 13, 2011. Mrs. Melson-Williams further stated that included in the Planning Commission packets were some sheets that need to be inserted into your 2008 Comprehensive Plan. These are 2011 Comprehensive Plan Amendments that were approved by City Council in March and April of this year. There were some text pages that were updated as well as the Land Development Plan Map 12-1. OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS Mrs. Melson-Williams presented the audience information on policies and procedures for the meeting.

CITY OF DOVER PLANNING COMMISSION JUNE 20, 2011 OLD BUSINESS S-10-13 YMCA at 1137 South State Street – Request for extension of the conditional approval granted on June 21, 2010 by the Planning Commission to the Site Development Master Plan for the construction of three separate building additions to the existing YMCA building located 1137 South State Street and associated site improvements. The three building additions are proposed in phases with Phase 1: Gymnasium at 9,250 S.F., Phase 2: Fitness Addition at 3,030 S.F., and Phase 3: Program Space at 6,500 S.F. in size. The project is located on three parcels of land totaling 4.4196 acres ± proposed for consolidation into one parcel as part of this application. The properties are currently zoned IO (Institutional/Office Zone) and RGO (General Residence and Office Zone. The owners of record are YMCA of Dover, Inc. and Young Men’s Christian Association of Delaware, Inc. Property Addresses: 1137, 1145, and 1169 South State Street. Tax Parcels: ED05-077.17-05-01.00-000, ED05-077.17-05-57.00-000, and ED05-077.17-05-58.00- 000. Council District 2. Representatives: Mr. Rick Gould, YMCA; and Mr. Mike Henry, Becker Morgan Group, Inc. were present in the audience. Mrs. Melson-Williams provided an overview for the request of extension for this application. There were no questions raised from any Planning Commission members at this time. Mr. Hemmig questioned if there would be any items that would affect the extension with regards to changes in the Zoning Ordinance? Responding to Mr. Hemmig, Mrs. Melson-Williams stated that no not with regards to the I/O (Institutional/Office) zoning district that this project is currently located in. Colonel Welsh moved to approve a one year extension for S-10-13 YMCA located at 1137 South State Street, seconded by Mr. Nichols and the motion was unanimously carried 8-0 with Mr. Friedman absent. NEW DEVELOPMENT APPLICATIONS C-11-04 M & L Ventures, LLC at Lafferty Lane – Public Hearing and Review of a Minor Subdivision and Conditional Use Site Plan to create two parcels of 5.46 ± acres and 4.13 ± acres for the construction of a total of ten 9,950 SF manufacturing/warehousing buildings on two parcels (after subdivision) and other associated site improvements at Lafferty Lane. The property is currently 9.99 acres ± and is zoned M (Manufacturing Zone) and is subject to the AEOZ (Airport Environs Overlay Zone) APZ 1 and Noise Zones C and D. The property is located on the south side of Lafferty Lane west of Horsepond Road. The owner of record is M & L Ventures, LLC. Property Address: Lafferty Lane. Tax Parcel: ED05-077.00-01-28.04-000. Council District 2. Waivers Requested: Reduction of Bicycle Parking, Partial elimination of curbing, and Partial Elimination of Sidewalk. Previously, application C-09-03 was reviewed by the Planning Commission in March 2009 and January 2010; however, that plan has expired. Representatives: Mr. Rich Vetter, RK&K Engineers; Mr. Ryan Becraft, RK&K Engineers; and Mr. Michael Cassidy, M&L Ventures. 2

CITY OF DOVER PLANNING COMMISSION JUNE 20, 2011 Ms. Cornwell provided an overview of the application. There were no questions raised from any Planning Commission members at this time. Mr. Hemmig opened a public hearing and after seeing no on wishing to speak closed the public hearing. Mr. Hemmig questioned if there was a recommendation for an increase in bicycle parking? Responding to Mr. Hemmig, Mrs. Melson-Williams stated that yes; the Planning Staff recommended that at least two (2) bicycle parking spaces be provided. The applicant was requesting a full elimination of the requirement. Colonel Welsh moved to approve C-11-04 M & L Ventures, LLC located at Lafferty Lane with the waiver requests granted for the sidewalk, elimination of curbing, and to amend the requirement of two (2) bicycle parking areas, seconded by Mr. Nichols and the motion was unanimously carried 8-0 with Mr. Friedman absent. C-11-03 Governors Club Professional Center at 144 Kings Highway – Public Hearing and Review of a Conditional Use Site Development Plan to permit the establishment of a café/sandwich shop in a portion of the first floor of an existing building. The property is zoned RGO (General Residence and Office Zone) and H (Historic District Zone). The property is located at the southernmost intersection of American Avenue and Kings Highway. The owner of record is Governors Club Professional Center, LLC and the lessee is Coffee Shop, LLC. Property Address: 144 Kings Highway SW. Tax Parcel: ED05-077.05-04-40.00-000. Council District 2. Representative: Mr. Constantine Malmberg, Attorney representing the Applicant. Ms. Cornwell provided an overview of the application. Mr. Malmberg stated that the owner of this coffee shop has been a manager of McGlynn’s Pub and was the one who got the operation up and running here in Dover. He has been in the restaurant business for twenty (20) years and is an operator that should know what he is doing. The intended use as indicated by Staff is a coffee shop where sandwiches for lunch or coffee in the early morning to serve DNREC, Wesley College students, and that type of clientele. It is not anticipated that there would be much in the way of evening hours other than in connection with events held at the Schwartz Center where it might be appropriate for Friday and Saturday night ice cream with the kids after dinner. Mr. Malmberg further stated that as Staff indicated, this is a preferred Conditional Use in this district. The idea as set forth in the Code is to try and encourage tourism uses in Downtown with more vitality by interjecting some commercial uses into the office district that represents the Historic District. Mr. Holt questioned regarding the business, is the owner contemplating staying with those hours or having it open for certain events Downtown? Responding to Mr. Holt, Mr. Malmberg stated that the concept is 7:00 AM through lunch most weekdays that would cater to the business in Downtown Dover. On Friday and Saturday nights, they will try to pick up some theater traffic 3

CITY OF DOVER PLANNING COMMISSION JUNE 20, 2011 for dessert as they will be serving gelato along with coffee and a sandwich shop. Mr. Holt further stated that he feels that this is going to be a good fit and would even suggest that they have some outdoor seating. Responding to Mr. Holt, Mr. Malmberg stated that there is a plan for some seating out on the deck porch. This will be an old style coffee house because the ceilings in this building are fourteen (14) to sixteen (16) feet in height and should make a very nice shop. Mr. Nichols questioned with regards to the floor plan, will it have to be revamped or remodeled to accommodate this sandwich shop? Responding to Mr. Nichols, Mr. Malmberg stated that they submitted a floor plan for the proposed use. There will be no changes in any of the walls and no significant improvements at all to the facility other than those associated with the restaurant use which would be sinks and running water. There are no hoods required and not contemplated at this time. This is a fairly low intrusive use into the historic structure. They would need to set up the tables, counters, and wash sinks. Mr. Nichols questioned that one bathroom is shown on the plan. Will this be a co-ed bathroom? Responding to Mr. Nichols, Mr. Malmberg stated that this is an existing bathroom that is handicap accessible and yes, it is a co-ed bathroom. Mr. Nichols further questioned if there would be a handicap ramp? Responding to Mr. Nichols, Mr. Malmberg stated that they are going through an analysis with the Building Code Department on accessibility for the property and whether or not it is feasible. The Building Code requires that a handicap ramp be put in unless it is not feasible to put one in. Currently, unless the architect comes up with some better plans, it would destroy the front porch because of the requirements of ramping and the like. Staff, the applicant, and I will all meet on site next week to review possibilities and see how feasible it would be. This is a fairly small user and depending upon how extravagant it is to get up this high on a historic structure, a lot of things could happen such as architectural review through the Historic District Commission if there is extensive ramping or extensive cost for what is a third of the building with the remaining uses staying the same. Mr. Hemmig opened a public hearing. Dr. Steven Schlesinger – Stated that he owns the building that is adjacent across the alleyway from the Governors Club. The building is currently zoned RGO and the buildings that surround the property are mostly RGO. Residences line Kings Highway across the street from the property and offices line American Avenue across from this property. His property which shares the alley with the Governors Club, is both office and residential. The question that needs to be asked in order for the Conditional Use permit to be granted in the Historic District is “Does a coffee/sandwich shop make this a greater attraction to tourists and residents?” He does not think that it does. There is already ample opportunity for this type of business in the Downtown area with the zoning already in place on Loockerman Street west of State Street where there are at least five (5) or six (6) empty stores. On the second block, the empty stores outnumber the occupied stores. A coffee shop or sandwich shop could do quite well there on New Street, Governors Avenue, or on State Street. Remember the business Mort’s Deli use to have. The proposed Governors Club would seat approximately fifty (50) people and have shifts of Staff to 4

CITY OF DOVER PLANNING COMMISSION JUNE 20, 2011 run the facility. Parking is already pressured in this area especially with the loss of City Hall parking and construction of the new library. The idea that most patrons would be on foot he believes is hellatious and thus if only half of the seats were filled with drivers, then twenty-six (26) parking spaces would be necessary. You have heard that there are nine (9) spaces on the circle and there are eight (8) out back with two (2) of those in an enclosed garage that would have a parked car behind them. The garage spaces are inadequate to hold the two (2) cars that people would be using. Staff would park in the alley near the kitchen where the blueprints state that there are eight (8) parking spaces that includes two cars in the garage. First of all, the garage does not accommodate the two cars and any cars parked in the garage would be blocked in and could not get out with the three to four cars parked in the area. If there was a Staff of six per shift, there is insufficient parking even for that shift never mind the overlap in Staff during a shift change. Add to that, this is a three story building where most tenants park in the back of the building and you can see the quandary we face about parking. Also bear in mind that this is an alley and not a City street. In years past, without a retail establishment in the building, vehicles have blocked in the driveway, parked, and left their cars blocking the alley. They also park in the adjacent City Park which is an open space across from the Governor’s Mansion. This adjacent park in the past has had grass destroyed by various construction company trucks that park there that was not relative to them doing construction; he believes that they had offices in this building. In additional to all of that, the plan is to have them taken out. Are customers expected to find a parking spot, go into the building and order? If this is the case why not eat in there or go up the alley and leave the car and just run in. Dr. Schlesinger further stated that he believes that there are issues with regards to health which is associated with odor generated by the restaurant’s open garbage receptacle which would be a focus of odors and certainly animals, flies, and maggots. This garbage receptacle is less than twenty-five (25) feet from another apartment. Parties of this facility in the past have resulted in garbage bagged and placed in this three sided brick space which is fully open on one side for pickup. Full receptacles with sloppily placed garbage bags not in the proper cans would certainly be a health hazard. Besides the issues of parking and garbage removal, the operating hours would pose an additional nuisance. The place would be staffed every day as proposed 7:00 AM to 7:00 PM with customers leaving later and the Staff arriving earlier causing significant noise, traffic, and lighting disturbance. The traffic and noise in this alley is not compatible with the current neighborhood’s residential and business schedule and traffic patterns. Certainly, having this facility less than fifty (50) feet from an apartment will limit anyone’s interest in living in the apartment and will adversely affect his property’s value as well as upset the current neighborhood’s quiet Victorian appeal. Why disturb a successful neighborhood when there is an area that would welcome this new business? Why should historical Downtown businesses such as himself pay taxes to downtown development for many years and now be blessed by planning to be met with nuisance of traffic, garbage disposal issues, increased parking as a reward for accepting additional taxation as we are in the historical Downtown Dover district. As the extent of this plan proceeds and as renovation has already begun, without the acceptance of this Plan, he believes that the entire neighborhood will look differently with this proposed Plan when you see the overall ambitious projected plans. This coffee shop bares no benefit where it is planned versus a better location of being on Loockerman Street where the shop would be welcome and could draw additional traffic. 5

CITY OF DOVER PLANNING COMMISSION JUNE 20, 2011 Dr. Schlesinger further stated that he is also concerned regarding the handicap ramp. There was a space and a half out back that was made for handicap vehicles. If a ramp were to be placed there is would cause that space there to be one and a half spaces lost out back to the existing which is still way too few for what is needed. He would welcome anyone to drive up the alleyway to see if you think that nine (9) cars could get into this space and if nine (9) spaces would even be adequate. Thank you for your patience in listening to his opinion on this poorly fit plan into the existing Historic District. It is a squeeze in the neighborhood with all the nuisance, hygiene issues, odor, and increase in traffic which could potentially be dangerous as cars come out of the alleyway much more frequently onto Division Street and find themselves with ongoing traffic from west to east which is always a hard block to get out onto. There is also an increase in trespassing which he would not look forward to. We have four (4) spaces towards the back and we would have to block it off because we know what would happen if we did not, those spaces would not be available. Personally, it is his feeling that this is not a benefit to the area as it does not fit the area. We already have an existing area that is not being developed and this would be a disturbance to the existing neighborhood with unwelcome noise disturbing markably increased hours. Mr. Hemmig closed the public hearing after seeing no one else wishing to speak. Mr. Hemmig stated that Dr. Schlesinger addressed the possibility of garbage. If there is a problem with garbage, this would be addressed through Code Enforcement with the City of Dover. As far as the business aspect, he personally feels that it is a good fit for this area and the uniqueness of the building lends a lot of ambiance to the potential of the café. Colonel Welsh stated that he agreed with Mr. Hemmig’s comments and while he empathizes with Dr. Schlesinger and listened to his concerns, he is also aware through Code Enforcement there are a lot of his concerns that could be resolved if in fact they do become concerns. Colonel Welsh moved to approve C-11-03 Governors Club Professional Center located at 144 Kings Highway as requested, seconded by Mr. Nichols and the motion unanimously carried 8-0 with Mr. Friedman absent. Meeting Adjourned at 7:32 PM Sincerely, Diane Metsch Secretary 6

City of Dover DATA SHEET FOR SITE PLAN REVIEW DEVELOPMENT ADVISORY COMMITTEE MEETING OF July 7, 2011 PLANNING COMMISSION MEETING OF July 18, 2011 Plan Title: State Street Plaza S-11-09 Plan Type: Site Plan Property Location: Southwest corner of South State Street and Wyoming Avenue. Property Address: 1004 South State Street Tax Parcel: ED-05-077.17-07-21.00-000 Owner: Gateway South Professional Center, LLC Project Engineer: Larson Engineering Site Area: 0.7635 +/- ac. Proposed Use: Medical Office Building Building Area: Proposed Building – 9,945 S.F. Impervious Area: Proposed – 82.5% Off Street Parking: Required – 34 (1 per 300 S.F. of floor space) Proposed – 36 spaces Sewer & Water: City of Dover Zoning Classification: C-2A (Limited Central Commercial Zone) Waiver Requested: Partial Elimination of Curbing P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

DAC Report S-11-09 State Street Plaza July 7, 2011 Page | 2 C P CITY OF DOVER I L T A DEVELOPMENT ADVISORY COMMITTEE Y N N APPLICATION REVIEW COMMENTARY O I F N D.A.C. MEETING DATE: July 7, 2011 G D O V APPLICATION: State Street Plaza at 1004 South State Street E R FILE #: S-11-09 REVIEWING AGENCY: City of Dover Planning CONTACT PERSON: Janelle M. Cornwell, AICP PHONE #: (302) 736-7196 PLAN SUMMARY: This Site Plan Review is to permit the construction of a 9,945 S.F. medical office building. The project area consists of one (1) parcel of land totaling 0.7635 acres ±. The property for the proposed development is zoned C-2A (Limited Central Commercial Zone). The property is located on the southwest corner of South State Street and Wyoming Avenue. The owner of record is Gateway South Professional Center, LLC. The property address is 1004 South State Street. Tax Parcel: ED-05-077.17-07-21.00- 000. The site was previously reviewed and approved for retail use by the Planning Commission in 2008 (S-07-61). The Site Plan expired prior to construction commencing on February 28, 2010. PARKING SUMMARY The minimum parking requirements for the C-2A (Limited Central Commercial Zone) is one (1) parking space for every 300 S.F. of floor area. The calculation for a medical office building is also one (1) parking space for every 300 SF of floor area. Based on the size of the building (9,945 S.F.) the site requires thirty-four (34) parking spaces. The plan indicates thirty-six (36) new parking spaces for the proposed building of which two (2) are handicap parking spaces. The Plan exceeds the parking requirements of the Zoning Ordinance based on the floor area of the proposed building and is under 25% of the maximum amount of parking allowed. BUILDING ARCHITECTURE The building appears to be predominately brown brick with window storefronts. The exact materials need to be identified on the elevations. The building will have a flat roof with three pitched entrance features around the building. There are columns dividing the storefronts. The back of the building is a blank block building with a brick water table feature. Large expanses of blank wall are to be avoided per Zoning Ordinance Article 5

DAC Report S-11-09 State Street Plaza July 7, 2011 Page | 3 Section 19. If significant changes are proposed to the architecture the architecture will be reviewed by the Planning Commission at a future meeting. SITE CONSIDERATIONS Dumpster The building is required to have two (2) dumpster pads based on the size of the building. Article 5 Section 6.12 requires one dumpster pad is for the first 8,000 S.F. of gross floor area and a second dumpster pad is required for each additional 16,000 S.F. of gross floor area or fraction thereof. The Site Plan identifies one dumpster pad location. The dumpster pad is located along the west side of the site across from the entrance off of Wyoming Avenue. The second dumpster location shall be reserved on site and will be required to be constructed if determined to be necessary by the Planning Director. The dumpster enclosure material shall match the proposed building. Loading Space Based on the size of the building (9,945 S.F.) a loading space is not required; however, a loading space is provided on the plan. Sidewalks Article 5 §18 requires sidewalks to be installed along the public street frontages of a property. The plan shows an existing sidewalk along Wyoming Avenue and South State Street. The plan indicates an entrance into the site along both street frontages. Waiver Requested - Curbing Article 6 § 3.6(b) requires curbing for all parking areas. Upright curbing is provided on the site. The plan indicates two small depressed areas along the north edge of the parking lot to allow for drainage into the stormwater management area. A waiver may be granted by the Planning Commission to allow for drainage into the stormwater management area. A written waiver request for the depressed curbing to allow for drainage into the stormwater management area has been submitted for consideration by the Planning Commission. Opaque Barrier An opaque barrier is required when a non-residential use abuts a residential use (Article 5 §7.2). For this project, this occurs on a portion of the west property line as the site abuts a residence (Lands of James Norton). An opaque barrier consists of an opaque component at least six (6) feet in height (a wooden fence, masonry wall or earthen berm). The Planning Commission has the ability to waive the requirement for the opaque barrier component consisting of the wooden fence, masonry wall or earthen berm. A landscape barrier consisting of either a continuous evergreen planted screen at least six (6) feet in height when planted or a hedge that will grow to be at least six feet is required as a part of the buffering for the parcel abutting a residential use. The landscape portion of the buffer is required to be planted on the residential side of the opaque barrier. The plan proposes both the fence and landscaping.

DAC Report S-11-09 State Street Plaza July 7, 2011 Page | 4 TREE PLANTING AND LANDSCAPE PLAN The submitted plan does include the requisite Landscaping Plan elements. Based on the total project site area of 33,258 S.F., twelve (12) trees would be required. The plan shows the required number of trees. The trees are a mixture of deciduous trees. The trees are located around the perimeter of the site with two trees located within the parking island. THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. CITY AND STATE CODE REQUIREMENTS: 1) Curbing shall be constructed in accordance with the Zoning Ordinance unless a waiver is granted by the Planning Commission. A written waiver request for the elimination of curbing has been submitted for consideration by the Planning Commission. 2) Revise the projected water uses to reflect the proposed office use on the Utility Plan Sheet. 3) Update the Data Column on the Title Sheet and Site Plan Sheet with the following information: a) Any changes recommended or other approval by the Planning Commission. b) Any waiver granted by the Planning Commission. c) Revise the existing use to vacant. d) Remove the existing building area. e) Provide the equitable owner information on the Title Sheet. f) Provide a note stating that trash pickup will be private. 4) Provide a construction detail for the following items but not limited to: the proposed pole mounted lights, etc. 5) Revise the Landscape Plan with the following: a) Ensure the base map for the Landscape Plan matches the remainder of the Plan Sheets. The placement of the building is located differently. b) Clarify the number of Dwarf Garden Juniper plants on the site. The Plant List indicates 57 plants; however, there are only 35 plants shown on the plan. c) Clarify the label and symbol 7 IC located on the west property line. The plan indicates seven trees or plants; however, there they are not listed in the Plant List. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: 1) Recommendation on waiver:

DAC Report S-11-09 State Street Plaza July 7, 2011 Page | 5 a. Partial Elimination of Curbing: Staff recommends approval of the request to eliminate curbing in several places in the parking lot on the north side to allow for drainage into the stormwater management area. ADVISORY COMMENTS TO THE APPLICANT: 1) Approval for the Stormwater Management Area was granted approval in December of 2008 by the Kent Conservation District. Their approval is valid for three (3) years and would expire in December of 2011. The applicant shall contact the Kent Conservation District to ensure the validity of the Stormwater Management Plan and discuss its relevance to the current application. 2) In the event, that major changes and revisions to the Site Plan occur in the finalization of the Site Plan contact the Department of Planning and Inspections. Examples include reorientation of building, relocation of site components like stormwater management areas, and increases in floor area. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan. 3) Staff recommends the applicant consult with DNREC regarding the previous removal of underground storage tanks. 4) Other agencies and departments which participate in the Development Advisory Committee may provide additional comments related to their areas of expertise and code requirements. 5) Following Planning Commission approval of the Site Plan, the Plan must be revised to meet all conditions of approval from the Development Advisory Committee or as otherwise noted. A Check Print must be submitted for review by Planning Office Staff also submit to other DAC member agencies. Upon determination that the Plan is complete and all agency approvals have been received, copies of the Plan may be submitted for final endorsement and DAC member agencies with comments. 6) The applicant/developer shall be aware that prior to any ground disturbing activities on the site the appropriate site inspections and permits are required. 7) Construction may have an effect on the adjacent property owners and nearby travel lanes. Any work requiring the closing or rerouting of potential customers or visitors to adjacent properties should be coordinated as to offer the least amount of inconvenience to the adjacent property owners. 8) A City of Dover Pre-Construction meeting will be required prior to a Notice to Proceed letter being issued for construction to commence.

DAC Report S-11-09 State Street Plaza July 7, 2011 Page | 6 9) The applicant shall be aware that Site Plan approval does not represent a Sign Permit, nor does it convey permission to place any sign on the premises. Any proposed site or building identification sign shall require a Sign Permit from the City of Dover prior to placement of any such sign. 10) The applicant shall be aware that Site Plan approval does not represent a Building Permit and associated construction activity permits. A separate application process is required for issuance of a Building Permit from the City of Dover. 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.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY APPLICANT D.A.C. MEETING DATE: JULY 7, 2011 APPLICATION: State Street Plaza at 1004 S. State Street FILE #: S-11-09 REVIEWING AGENCY: City of Dover Public Utilities Department CONTACT PERSON: Steve Enss - Electric Sharon Duca, P.E. - Water, Wastewater, Stormwater CONTACT PHONE #: 302-736-7070 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. The roadway and curbing must be in. 2. The right-of-way must be within 6" of final grade. 3. The property corners must be staked. 4. Owner is responsible for locating all water, sewer, and storm sewer lines. 5. Owner is responsible for installing all conduits and equipment pads per the City of Dover Engineering Department specifications. 6. Owner is responsible for site and/or street lighting. 7. Meter locations will be determined by City of Dover Engineering Department. 8. Load sheets and AutoCAD compatible DXF or DWG diskettes of site plans, including driveways, are required prior to receiving approved electrical construction drawings. 9. Any relocation of existing electrical equipment will be engineered by the City of Dover Electric Department. Developer may be required to perform a quantity of the relocation. Any work performed by the City of Dover will be at the owner’s expense. 10. Prior to construction, owner is responsible for granting an easement to the City of Dover Electric Department. Easement forms will be furnished and prepared by the City of Dover Electric Engineering Department. 11. Fees will be assessed upon final site plans. The owner will be responsible for fees assessed prior to construction. Owner is required to sign off plans prepared by the Electric Department. 12. Must maintain 10' clearance around all electrical equipment, unless pre-approved by the City of Dover Electric Engineering Department. 13. Prior to the completion of any/all designs and estimates, the owner is responsible for providing the Electric Engineering Department with a physical address of the property. 14. All Engineering and design for Dover Electric will be engineered upon final approved plans. All Engineering work will be furnished by the City’s Electric Engineering Department.

State Street Plaza File #: S-11-09 July 7, 2011 Page 2 of 4 WATER 1. The following notes must be added to the plans: a. All water utility components must meet the requirements of the Public Utilities Water Wastewater Handbook, effective date March 22, 2010. b. Hydrant connections by the contractor are prohibited. This method may not be utilized during any phase of the project. c. Any existing water lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Public Utilities Department specifications and requirements. d. The site contractor shall contact the City of Dover Public Utilities Construction Manager at (302) 736-7070 prior to the start of construction. A representative from the City of Dover Department of Public Utilities must observe and approve all City owned water and sanitary sewer interconnections and testing. All water taps must be performed by a City of Dover approved contractor. The proposed location for the water connection may need to be adjusted in the field due to conditions of the existing main. Possible conditions that would require tapping relocation include proximity to pipe joints, other taps, concrete encasements, conflict with other utilities, and the like. Test holes must be performed by the contractor to determine the best tapping location. The City of Dover will not be held responsible for field conditions requiring adjustment of the tapping location or for any work required by the contractor to make an appropriate and lawful connection. 2. The size, type, and location of all proposed and existing water lines and valves must be shown on the plan. 3. Water usage projections (peak demand or plumbing fixtures) must be submitted to our office to correctly determine the size of the domestic and irrigation (if applicable) water meter for the proposed building. These projections must be submitted prior to approval so the meter size can be placed on the final site plan. The proposed water meter must be installed in a pit outside the building in a non-traffic bearing area (which includes vehicular, bicycle and pedestrian traffic) per City of Dover requirements and manufacturer’s recommendations. Also, a dual check valve is required downstream of the meter. 4. The plan for the site references a one-inch (1”) domestic service for the site. Based upon the usage currently projected for this site, it is unlikely that the size(s) shown will be adequate. Calculations determining the service line size must be submitted to our office for review. 5. The domestic service, fire main connection and valves must be clearly shown for each building. A valve must be installed at the tee to isolate combined fire and domestic water service to the building from the water loop. Typically this valve is installed at the tee or an acceptable distance from the building. A valve must be provided on the domestic water service, which must be tapped off of the combined eight-inch (8”) fire/domestic service outside of the building. The domestic water tap and valve should be as close to the building as possible. Typically, the domestic tap and valve are located within five feet (5’) to ten feet (10’) of the building. A blow up detail of this layout is recommended. 6. Provide a construction detail, meeting City of Dover requirements, for the proposed restraining system for the fire main located within the buildings. The Public Utilities Department will test and inspect all fire mains to a blind flange located inside the buildings. The blind flange with tap is used for hydrostatic pressure testing (200 psi for two (2) hours) and dechlorination. The flange must be restrained in the direction of the pipe entering the facility. A pipe entering horizontally through a wall sleeve shall be restrained with rods through the wall. A pipe entering vertically through a slab shall be restrained through the floor to the ninety degree (90°) bend and thrust block. All rods shall be a minimum of ¾” all thread. All pipes through walls and slabs must be Class 52 cement lined ductile iron pipe. Confirm particulars to meet this requirement with mechanical designer. WASTEWATER 1. The following notes must be added to the plans: a. All wastewater utility components must meet the requirements of the Public Utilities Water Wastewater Handbook, effective date March 22, 2010. Please contact our office for more information. b. Any existing sanitary sewer lines not to be utilized by the proposed facility must be properly abandoned at the mains in accordance with the City of Dover Public Utilities Department specifications and requirements.

State Street Plaza File #: S-11-09 July 7, 2011 Page 3 of 4 c. Part II, Chapter 180, Article III, Section 180-10 of the Code of Kent County requires that “no person shall discharge or cause to be discharged any stormwater, surface water, uncontaminated groundwater, roof runoff, subsurface drainage, uncontaminated noncontact cooling water or unpolluted industrial process waters to any sanitary sewer”, this shall include condensate. Sec. 110-231 of the City of Dover Code defines storm sewer as “…any system used for conveying rain water, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage.” The contractor, developer, owner and designers shall ensure during construction that no illegal discharges to the sanitary sewer system are created with the site improvements. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed sanitary sewer lines. Rim and invert elevations must be labeled on all sanitary structures. 3. Cleanouts must be installed on sanitary sewer laterals within five feet (5’) of the building, one foot (1’) outside of the right-of-way and at all bends. Any cleanout located within a traffic bearing location shall be installed with a heavy duty cast iron frame and cover to prevent damage to the cleanout and lateral. STORMWATER 1. Final site plan approval will not be granted until a copy of the approved Stormwater/Erosion and Sediment Control Plan from Kent Conservation District submitted to our office. 2. The size, length, slope, type and flow directions must be shown on all existing and proposed storm sewer lines. Rim and invert elevations must be labeled on all stormwater structures. GENERAL 1. All existing utilities shall be adjusted to final grade in accordance with current City of Dover requirements and practices. This must be included as a note on the plan. 2. The final site plan must be submitted in a digital format compatible with AutoCAD 2010 (.dwg format). RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Owner must give the City of Dover Electric Department three (3) months notice prior to construction. Owner is responsible for following the requirements outlined in the City of Dover’s Electric Service Handbook. The handbook is now available on the website at the following link: http://www.cityofdover.com/departments/electric/documents/. WATER / WASTEWATER / STORMWATER / GENERAL 1. None. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. While reviewing the plan, the Electric Division has noticed that the plan has very little real estate for the electrical equipment required to feed the proposed building. WATER 1. Hydrant flow testing is currently only performed during the spring and fall. The applicant must call the Public Utilities Department directly to schedule these tests. This applies to both existing hydrants as well as those proposed for the site. WASTEWATER / STORMWATER 1. None.

State Street Plaza File #: S-11-09 July 7, 2011 Page 4 of 4 GENERAL 1. The applicant is advised that depending upon the size of the existing water service and sanitary sewer lateral to be abandoned, flowable fill may be required. 2. All standard notes and details provided on the plan shall be in accordance with the Water / Wastewater Handbook. 3. Construction plans will not be reviewed by our office unless all previous comments have been clearly addressed within the plan set and accordingly identified within an itemized response letter. 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 .

C F I I CITY OF DOVER T R Y E DEVELOPMENT ADVISORY COMMITTEE O M APPLICATION REVIEW COMMENTARY F A R D.A.C. MEETING DATE: July 7, 2011 D S O H V A E L R APPLICATION: State Street Plaza 1004 S. State Street____________________________ FILE #: S-11-09 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: David Truax, Fire Marshal PHONE #: (302) 736-7011 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: CITY AND STATE CODE REQUIREMENTS: 1. Proposed building is single story. Primary fire lanes are required to be 24 feet wide and cover the side of the building that has the primary entrance and exit. Secondary fire lanes can be reduced to 16 feet wide. Both can be no closer than 10 feet to the building and no farther than 50 feet from the building. Submitted fire lane coverage is fine; the plan needs to show the markings of the fire lane. 2. Any gas fired HVAC equipment must be equipped with emergency cut off switches remotely located. 3. Address numbers of at least 12 inches in height must be placed on the street side of the building visible from the street. 4. Any natural or LP gas bottles, meters, values, regulators, etc., must have impact protection. 5. Full building and fire plan review is required. 6. Building cannot be occupied or construction or renovations started until completion of building and fire plan review.

DAC Report State Street Plaza 1004 S. State Street Page 2 7. All required means of egress shall have an exit discharge consisting of a non slip surface and leading to and terminating at a public way. 8. Understanding is that this is to be a dental practice. If more than 3 persons are incapable of self-preservation the occupancy would have to be reviewed as ambulatory health care and would require review by the State FMO for Center for Medicaid and Medicare Services. 9. Knox Box required. If fire protection is installed. 10. Project to be completed per approved Site Plan. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: NONE ADVISORY COMMENTS TO THE APPLICANT: 1. After any application has been approved by the Planning Commission, the applicant has a maximum of thirty (30) days to appeal to the Code Board of Appeals Committee. 2. All comments from this office, approved by the Planning Commission are at the expense of the owner/applicant. 3. The proposed building will be reviewed under Business Occupancy. 4. The City of Dover uses the 2009 NFPA Life Safety Code, 2009 IBC, latest editions of all other NFPA Codes and the 2009 Delaware State Fire Prevention Regulations. 5. The Dover Fire Department request that a 8 ½ X 11 copy of the floor plan and site plan be submitted to Station 1, attention Fire Chief, prior to the Certificate of Occupancy being issued. 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.

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: June 30, 2011 T =============================================================== APPLICATION: State Street Plaza at 1004 S. State Street FILE#:S-11-09 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== 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: 1. In order to be issued an entrance permit, the department will require the applicant to provide the proper forms, fees, and plans. 2. Per Section 3.6.5 of the Standards and Regulations for Subdivision Streets and State Highway Access Adopted February 15, 2010, an 80-foot wide right-of-way (40-feet from the centerline) is required for a minor arterial. According to the Kent County Classification Maps, KCR 025 (South State Street) is classified as a minor arterial road. If the existing right-of-way does not have the proper width along the frontage of the site, the department will require 40-feet of right-of-way dedication from the innermost edge of the through lane for public use. 3. The developer shall perform all of the off-site improvements and the signal modification as noted in the approved entrance plans dated April 23, 2009. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 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.

CITY OF DOVER Dover/Kent DEVELOPMENT ADVISORY COMMITTEE County Metropolitan APPLICATION REVIEW COMMENTARY Planning D.A.C. MEETING DATE: 7/7/2011 Organization APPLICATION: State Street Plaza at 1004 South State Street FILE #: S-11-09 REVIEWING AGENCY: Dover/Kent County MPO CONTACT PERSON: Jim Galvin, AICP PHONE #: (302) 387-6030 The Dover/Kent County MPO has participated in the State’s Preliminary Land Use Services (PLUS) process. The MPO requested the opportunity to bring the recommendations on issues of our concern to the City as well. The MPO will limit comments to development proposals and applications that may lead to new development. Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be waived. City of Dover Planning Commission 7/18/2011 Project Review S-11-09 State Street Plaza at 1004 South State Street The South State Street location is a commercial node less than one mile from The Green in downtown Dover. As such, many facilities exist for alternative modes of transportation as well as vehicle access. The Project is within 150 yards of two transit stops for several bus routes. It has sidewalks at both road frontages and into the site at the entrance driveways. There are site-based bicycle facilities indicated in the plans. The site meets the standards the MPO considers. We have no objection. 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.

PETITION TO AMEND ZONING ORDINANCE TEXT Public Hearing before the Dover Planning Commission July 18, 2011 Proposed Zoning Change: Amendment to Appendix B – Zoning, Article 10 – Planning Commission, and Appendix F – Fees and Fines Summary of Amendment: Last year, the City Council assigned two goals to the Planning Office, including streamlining of our application processes and expansion of our public notice requirements. To meet this goal, the Planning Office began a thorough review of Article 10 of the Zoning Ordinance. This article specifies the requirements for all applications that appear before the Planning Commission and Historic District Commission, as well as administrative plan review and amendments to the Zoning Ordinance. In reviewing the article, the staff worked to improve the consistency throughout sections of the article, standardize processes where possible, and streamline zoning review for small projects and changes of occupancy that do not include site disturbance. The Planning Office released a draft ordinance in late April and held subsequent meetings with the real estate, development, and engineering communities. The draft ordinance was also shared with the Historic District Commission. Overall feedback has been positive. Comments received are attached. Many of the questions asked at the outreach meetings related to the physical posting requirement. On June 13, 2011, following review by the Legislative, Finance and Administration Committee, the Committee endorsed the ordinance with the Staff recommendations regarding the comments received incorporated. Ordinance Number: 2011-14 File Number: MI-11-06 Attachments: Ordinance #2011-14 Summary of Proposed Changes to Zoning Ordinance Code Mark-Up Summary of Comments Received Comments Received DAC Agency Comments

FIRST READING CITY OF DOVER ORDINANCE #2011-14 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 That Appendix B - Zoning, Article 10 – Planning Commission be amended by deleting it in its 4 entirety and replacing it with the following: 5 ARTICLE 10. PLANNING COMMISSION 6 7 Section 1. Approval of conditional uses. 8 On application and after public notice and hearing, the commission may authorize the issuance 9 by the city planner of permits for any of the conditional uses for which this ordinance requires, in 10 the district in which such use is proposed to be located. In approving any such use, the planning 11 commission shall take into consideration the public health, safety and welfare, the comfort and 12 convenience of the public in general and of the residents of the immediate neighborhood in 13 particular, and may prescribe appropriate conditions and safeguards as may be required in order 14 that the results of its action may, to the maximum extent possible, further the expressed intent of 15 this ordinance and the accomplishment of the following objectives in particular: 16 1.1 Accessibility for emergency response. That all proposed structures, equipment or 17 material shall be readily accessible for fire, ambulance, police, and other emergency 18 response; 19 1.2 Harmony of location, size and character. That the proposed use shall be of such 20 location, size and character that, in general, it will be in harmony with the appropriate and 21 orderly development of the zone in which it is proposed to be situated and will not be 22 detrimental to the orderly development of adjacent properties in accordance with the 23 zoning classification of such properties; 24 1.3 Residential zones. That, in addition to the above, in the case of any use located in, or 25 adjacent to, a residential zone: 26 1.31 The location and size of such use, the nature and intensity of operations involved 27 in or conducted in connection therewith, its site layout and its relation to access 28 streets shall be such that both pedestrian and vehicular traffic to and from the use and 29 the assembly of persons in connection therewith will not be hazardous or 30 inconvenient to, or incongruous with, the said residential district or conflict with the 31 normal traffic of the neighborhood; and Draft Amendments to Article 10 June 14, 2011 Page 1 of 33

32 1.32 The location and height of buildings, the location, nature and height of walls and 33 fences, the nature and extent of landscaping, and other improvements on the site shall 34 be such that the use will not hinder or discourage the appropriate development and 35 use of adjacent land and buildings. 36 1.4 Conditional use permits. 37 1.41 Conditional use approval. Any use for which a conditional use permit may be 38 granted shall be deemed to be a conforming use in the district in which such use is 39 located, provided that: 40 (A) The provision in this ordinance under which such permit was issued is still in 41 effect; 42 (B) Such permit was issued in conformity with the provisions of this ordinance; 43 and 44 (C) Such permit shall be deemed to affect only the lot or portion thereof for which 45 such permit shall have been granted. 46 1.42 Periodic renewal of conditional use permit. The commission may require that 47 conditional use permits be periodically renewed. Such renewal shall be granted 48 following public notice and hearing in accordance with subsection 1.53. The 49 commission may withhold approval of the renewal upon a determination by the city 50 planner to the effect that such conditions as may have been prescribed by the 51 commission in conjunction with the issuance of the original permit have not been, or 52 are being no longer, complied with. 53 1.43 Revocation of conditional use permit. If the city planner determines that the 54 conditions prescribed by the commission in conjunction with the issuance of the 55 conditional use permit have not been, or are no longer complied with, he shall initiate 56 the process for revocation of the permit according to the following procedure: 57 (A) The city planner shall notify the permit-holder in writing of the 58 noncompliance with the permit conditions and allow the permit-holder 30 59 days to comply with the permit conditions. 60 (B) If, after 30 days, the city planner determines that the permit-holder has not 61 come into compliance with permit conditions, he shall notify the permit- 62 holder that the planning commission will hold a public hearing on revocation 63 of the conditional use permit. 64 (C) The planning commission shall hold a public hearing for which notice shall be 65 completed by the planning office in accordance with the provisions of 66 subsection 1.53 of this article. 67 (D) Following the public hearing, the planning commission shall take action in the 68 following regard: 69 (1) Revoke the conditional use permit. Draft Amendments to Article 10 June 14, 2011 Page 2 of 33

70 (2) Issue a probationary period after which the commission shall review 71 the permit in accordance with the provisions regarding periodic 72 renewal of conditional use permit. 73 (3) Determine that the conditional use may continue as initially 74 authorized. 75 (E) The planning commission shall document findings of fact that support the 76 action taken with regards to the conditional use permit. 77 1.5 Application procedure. 78 1.51 Preapplication Meeting. Prior to the submission of a conditional use application, 79 the applicant or his representative shall meet in person with the city planner or his 80 designee with a sketch plan. The purpose of this meeting shall be to discuss proposed 81 uses or developments and to review the process and submission requirements. 82 1.52 Application. Application for a conditional use permit shall be submitted to the 83 city planner, on forms approved by the planning commission, at least 30 days prior to 84 the planning commission meeting at which approval of the permit is to be requested. 85 Each application for a conditional use permit shall be accompanied by a fee as 86 provided for in Appendix F--Fees and Fines. 87 1.53 Public hearing. Prior to the review and action on the conditional use permit 88 application, the commission shall hold a public hearing subject to the following 89 public notification procedures: 90 (A) The applicant shall advertise the public hearing in a newspaper of general 91 circulation at least 15 days prior thereto. 92 (B) The applicant shall notify by mail all property owners within 200 feet of the 93 extreme limits of the subject property as their names appear on the municipal 94 tax record at least 15 days prior thereto. 95 (C) The applicant shall post a notice outlining the date, time, place, and nature of 96 the hearing in a conspicuous location on the property at least 15 days prior to 97 the planning commission hearing. Such notice shall be designed in accordance 98 with standards set forth by the planning commission. 99 (D) The applicant shall provide the planning office with a copy of the notice, 100 verification of newspaper publication, a date-stamped photo of the property 101 posting, and post office mail receipts indicating the date of mailing for all 102 letters on or before the meeting date. 103 (E) Said notices shall state the date, time and place of the hearing, the site 104 location, a brief description of the conditional use and shall state that a copy 105 of the conditional use application and plan is filed with the planning office for 106 public review. Draft Amendments to Article 10 June 14, 2011 Page 3 of 33

107 1.54 City planner report. For each application for a conditional use permit, the city 108 planner shall issue a report to the planning commission including comments from 109 other agencies and detailing how the application conforms to the requirements of the 110 zoning ordinance and other provisions of city and state codes. This report shall not be 111 deemed to represent a comprehensive list of all city and state code requirements. 112 (A) The city planner shall transmit copies of the report and summary of the 113 application to the planning commission at least seven days prior to the date of 114 the meeting at which approval of the permit is to be requested. 115 1.55 Planning commission action. The planning commission shall act to approve or 116 disapprove any such request for a conditional use permit within 45 days after the 117 meeting at which approval is requested or within such additional time as may be 118 consented to by the applicant. Planning commission disapproval shall include written 119 findings upon any element found contrary to the provisions or intent of the zoning 120 ordinance. 121 1.56 Notice of decision. The planning office shall send the applicant a letter notifying 122 the applicant of the planning commission’s decision on the conditional use permit 123 application. Such letter shall document any conditions and waivers approved as part 124 of the application approval. Whenever the planning commission denies an 125 application for conditional use, such application for conditional use, or an application 126 on the same property which is substantially similar, shall not be accepted for 127 consideration by the planning commission sooner than one year from the date of 128 denial. 129 1.57 Amendments. Substantial amendments to conditional use permits shall be acted 130 upon in the same manner as the original request for a conditional use permit. The city 131 planner shall review proposed amendments to determine if they are substantial in 132 nature. Amendments that are not deemed substantial may be referred to the planning 133 commission for consideration at the discretion of the city planner. 134 1.58 Transfer of property. If the property is sold by the applicant or by any affiliated 135 member of a single corporate family of which the applicant or its parent company is a 136 member, after approval of the conditional use but before the proposed use or 137 construction of the proposed use is started, or if, within 24 months of the approval, 138 the proposed use or construction of the proposed use is not undertaken by or for the 139 applicant or any affiliated member of a single corporate family of which the applicant 140 or its parent company is a member, the conditional use approval shall be null and 141 void, unless an extension of time is granted by the planning commission. 142 1.59 Final plans and working drawings. Following approval by the planning 143 commission, the applicant shall develop final conditional use permit plans for 144 approval by the planning office. The planning office shall determine that all Draft Amendments to Article 10 June 14, 2011 Page 4 of 33

145 necessary approvals have been issued by city departments, and outside regulatory 146 agencies, prior to issuing final plan approval. No building permit shall be issued until 147 such time that the planning office has issued final conditional use permit plan 148 approval. 149 1.6 Expiration of planning commission approval. 150 1.61 Conditional use approval shall expire on the last day of the 24th month after the 151 date of final or conditional approval of the planning commission, if construction of 152 the work authorized or use permitted has not started or unless an extension of time is 153 applied for by the applicant and granted by the planning commission. Approval shall 154 also expire if the construction of work authorized has stopped for a period of one 155 year, unless an extension of time is applied for and granted by the planning 156 commission. 157 1.62 Requests for extension of approval shall be made no later than 30 days prior to 158 the final approval expiration date. Upon receipt of such requests, the matter shall be 159 considered at the next regularly scheduled meeting of the planning commission. 160 161 1.63 In considering a request for an extension of approval, the planning commission 162 shall consider, but not be limited to, the following: 163 (A) Whether the project has been delayed for reasons beyond the control of the 164 applicant, excluding economic or financial reasons. 165 (B) Whether the applicant has made substantial progress toward obtaining final 166 approvals. 167 (C) Whether there have been any significant changes in the surrounding 168 neighborhood. 169 (D) Whether there has been any related amendments to the zoning map or text, or 170 the comprehensive plan, or if any waivers or variances have been granted. 171 172 1.64 Requests for extensions shall be submitted in writing to the planning office. 173 174 1.65 Under no circumstances shall the planning commission grant extensions beyond 175 36 months from the date of first approval. 176 1.7 Submission requirements for conditional use permits requiring site development plan 177 approval by the planning commission. The following submission requirements shall 178 accompany applications for conditional use permits where site development plan 179 approval by the planning commission is required by subsection 2.1. The applicant shall 180 cause a site map to be prepared by a civil engineer, surveyor, land planner, or architect. 181 The applicant shall submit copies of the site map to the city planner, who shall transmit 182 copies to the planning commission at least seven days prior to the meeting at which Draft Amendments to Article 10 June 14, 2011 Page 5 of 33

183 approval of the permit is to be requested. Elements to be included on the site map are 184 listed below: 185 1.71 Scale and dimensions. The map shall be at least 11 inches by 17 inches and at a 186 scale of ten, 20, 30 or 40 feet to the inch, except that if the property has a maximum 187 dimension over 900 feet, a scale of 50 feet to the inch may be used. 188 1.72 Legal data: 189 (A) Tax parcel identification number. 190 (B) Name and address of the owner of record. 191 (C) Name and address of the equitable owner, if any. 192 (D) Name and address of the person, firm or organization preparing the map. 193 (E) Date, north point and written and graphic scale. 194 (F) Sufficient description of information to define precisely the boundaries of the 195 property and that portion of the property for which a conditional use permit is 196 requested, and the approximate total acreage of that portion of the property for 197 which a conditional use permit is requested. All distances shall be given in 198 feet and tenths of a foot. All angles shall be given to the nearest ten seconds or 199 closer. The error of closure shall not exceed one in 10,000. 200 (G) The locations, names and existing widths of adjacent street rights-of-way and 201 curblines. 202 (H) The locations and owners of record of all adjoining lands. 203 (I) Location, width and purpose of all existing and proposed easements, setbacks, 204 reservations and areas dedicated to public use within or adjoining the 205 property. 206 (J) A complete outline of existing or proposed deed restrictions or covenants 207 applying to the property and recital of the deed references if they are of 208 record. 209 (K) Existing zoning, including two location maps, one at a scale of 1,200 feet to 210 the inch, and one at a scale of 400 feet to the inch, showing the distance along 211 all adjacent roads to the nearest intersection. 212 1.73 Existing structures. 213 (A) Location of uses and outlines of structures, drawn to scale on or within 100 214 feet of the property. 215 (B) Paved areas, sidewalks and vehicular access between the site and public 216 streets. 217 (C) Other existing development, including fences and landscape screening. 218 1.74 Proposed use: 219 (A) A written description of the proposed use. Draft Amendments to Article 10 June 14, 2011 Page 6 of 33

220 (B) A designation of that portion of the existing structures to be devoted to the 221 proposed use and for which a conditional use permit has been requested. 222 (C) A designation of that portion of the property to be devoted to the proposed 223 use, not requiring structures and for which a conditional use permit has been 224 requested. 225 (D) A designation of the parking area and indication of the number of off-street 226 parking spaces. 227 (E) Indication of on-site circulation pattern and access to the property from 228 adjacent roads. 229 1.75 Proposed development: 230 (A) Conditional use applications involving construction of new buildings and 231 structures shall include a site plan which reflects compliance with the 232 minimum requirements of subsection 2.5. 233 1.76 Natural features: 234 (A) Topography of the site. 235 (B) Location of different soil types, as indicated by the Soil Survey of Kent 236 County prepared by the Natural Resources Conservation Service. The soils 237 information shall be supplemented by soil boring and percolation test data if 238 requested by the city. 239 (C) Location of flood hazard areas as identified on the FEMA flood insurance 240 maps. 241 (D) Location of significant natural features, including, bodies of water, wetlands 242 and forest areas. 243 1.77 Requested information: Full and complete information requested by the city 244 planner in accordance with the development information requirements set forth in 245 section 4. 246 1.78 Miscellaneous information: Other information deemed by the planning 247 commission to be necessary to determine conformity with the intent of this ordinance. 248 1.8 Submission requirements for conditional use permits where site development plan 249 approval by the planning commission is not required. The following submission 250 requirements shall accompany applications for conditional use permits where site 251 development plan approval by the planning commission is not required by subsection 2.1, 252 where the applicant is seeking conditional use approval to occupy an existing 253 structure. The applicant shall submit copies of the site map conforming to the 254 specifications listed below to the city planner, who shall transmit copies to the planning 255 commission at least seven days prior to the meeting at which approval of the permit is to 256 be requested. Elements to be included on the site map are listed below: 257 Draft Amendments to Article 10 June 14, 2011 Page 7 of 33

258 1.81 Scale and Dimensions. The map shall be at least 8.5 inches by 11 inches and at a 259 scale of ten, 20, 30 or 40 feet to the inch, except that, if the property has a maximum 260 dimension over 900 feet, a scale of 50 feet to the inch may be used. 261 1.82 Existing Conditions. The existing building and conditions on the lot must be 262 depicted. It is permissible to utilize the most recent mortgage survey of the property 263 for this purpose. If conditions, such as buildings and building additions, paved areas, 264 landscaping and accessory structures, on the lot have changed since the survey was 265 completed, the applicant shall depict these changes on the plan to the best of his 266 ability. However, the nature and extent of such revisions must be approved by the city 267 planner at the required preapplication meeting. 268 1.83 Proposed use: 269 (A) A written description of the proposed use. 270 (B) A designation of that portion of the existing structures to be devoted to the 271 proposed use and for which a conditional use permit has been requested. 272 (C) A designation of that portion of the property to be devoted to the proposed 273 use, not requiring structures and for which a conditional use permit has been 274 requested. 275 (D) A designation of the parking area and indication of the number of off-street 276 parking spaces. 277 (E) Indication of on-site circulation pattern and access to the property from 278 adjacent roads. 279 1.84 Additional Information. The city planner and/or planning commission may 280 request more detailed information, including but not limited to architectural floor 281 plans, on a case-by-case basis at their discretion. 282 1.85 Legal data: 283 (A) Tax parcel identification number. 284 (B) Name and address of the owner of record. 285 (C) Name and address of the equitable owner, if any. 286 (D) Name and address of the person, firm, or organization preparing the map. 287 (E) Date, north point, and written and graphical scale. 288 (F) The location and names of adjacent streets. 289 (G) The location, zoning, and owners of record of all adjacent properties. 290 Section 2. Site development plan approval. 291 2.1 Required. Site development plan approval shall be required for the erection or 292 enlargement of all structures and the establishment of any use for which site development 293 plan approval is required by this ordinance. Site development plan shall be required 294 according to the following criteria: Draft Amendments to Article 10 June 14, 2011 Page 8 of 33

295 2.11 Planning commission site plan review. Site development plans shall be referred 296 to the planning commission for consideration and review include any of the 297 following: 298 (A) Site plans for new structures and building additions of 3,000 square feet or 299 greater in floor area; or 300 (B) Site plans with a total of 5,000 square feet or greater of new or added 301 impervious surface, including new structures or building additions; or 302 (C) Nonresidential site plans with site disturbance greater than 1,500 square feet 303 and adjacent to residential uses or residential zones. 304 2.12 Site development master plan. Site development master plans shall be subject to 305 review and approval by the planning commission in accordance with subsection 2.44. 306 2.13 Zoning review. For site development plans involving construction of a single 307 family detached, single family attached, or single family semi-detached dwelling; an 308 accessory structure; or a non-residential change of use for which no building addition 309 or increase in impervious cover is proposed, the city planner or his designee may 310 approve the site development plan in conjunction with building permit review. 311 2.14 Administrative site plan. All site development plans that do not meet the 312 thresholds for zoning review in accordance with subsection 2.13 or planning 313 commission site plan review in accordance with subsection 2.11 shall be reviewed as 314 administrative site development plans. 315 2.2 Objectives. In considering and acting upon site development plans, the public health, 316 safety and welfare, the comfort and convenience of the public in general and of the 317 residents of the immediate neighborhood in particular shall be taken into consideration 318 and appropriate conditions and safeguards may be prescribed as may be required that the 319 results of approval may, to the maximum extent possible, further the expressed intent of 320 this ordinance and the accomplishment of the following objectives in particular: 321 2.21 Maximum safety and convenience of vehicular, transit, bicycle, and pedestrian 322 traffic by ensuring that all proposed and impacted streets, driveways and walkways 323 are adequate, but not excessive in number, adequate in width, grade, alignment, 324 capacity, and visibility, and suitably located, particularly with respect to their 325 connections with public streets. 326 2.22 The provision of adequate access to all proposed structures, equipment, or 327 material on the site for fire, ambulance, police, and other emergency services. 328 2.23 The provision of adequate off-street parking to accommodate the vehicles of 329 persons connected with or visiting the use and to obviate the parking of such vehicles 330 in public streets. Draft Amendments to Article 10 June 14, 2011 Page 9 of 33

331 2.24 A site layout (including the location, power, direction, and time of any outdoor 332 lighting of the site) which would have no adverse effect upon adjacent properties. 333 2.25 Landscaping of the site in a manner which is in character with that generally 334 prevailing in the neighborhood and which provides reasonable screening, at all 335 seasons of the year, of all playgrounds, parking areas, and service areas from the view 336 of adjacent residential properties and streets. 337 2.26 In applicable cases, a drainage system and layout which would afford the best 338 solution to any drainage problems. 339 2.27 Ensure that large scale development projects involving extended construction 340 periods are planned and implemented in accordance with an approved site 341 development master plan. 342 2.28 Consideration shall be given to the physical orientation and architectural 343 characteristics of proposed buildings, the relationship of proposed buildings to 344 existing buildings and to other proposed buildings, and their contributions to the 345 overall image of the immediate vicinity by considering the building and architectural 346 design guidelines as set forth in article 5, section 19. Design characteristics of 347 proposed buildings and building additions shall not detract or devalue existing 348 buildings in the immediate vicinity. 349 (A) If the planning commission determines that the proposed physical orientation 350 and architectural characteristics of the proposed buildings do not meet the 351 intent and objectives of this section, then the planning commission shall refer 352 the proposal to the architectural review oversight subcommittee for review 353 and comment. 354 (B) The subcommittee shall meet and review the proposal with the applicant, and 355 return its comments to the planning commission by the next regularly 356 scheduled meeting. 357 (C) The architectural review oversight subcommittee shall be appointed by the 358 commission at its annual meeting, and membership shall consist of two 359 planning commission members, and two design professionals with experience 360 in construction, and the mayor or the mayor's designee. Two alternate design 361 professionals with experience in construction shall also be appointed. 362 2.3 Effect of site development plan approval. No building permit will be issued for any 363 structure covered by this section until an approved site development plan or approved 364 amendment of any such plan has been secured by the applicant. No certificate of 365 occupancy will be issued for any structure or use of land covered by this section unless 366 the structure is completed or the land is developed or used in accordance with an 367 approved site development plan or approved amendment of any such plan. 368 2.4 Application Procedure. Draft Amendments to Article 10 June 14, 2011 Page 10 of 33

369 2.41 Preapplication Meeting. Prior to the submission of a site development plan, the 370 applicant or his representative shall meet in person with the city planner or his 371 designee with a sketch plan. The purpose of this meeting shall be to discuss proposed 372 uses or developments in order to determine, first, whether the site development plan 373 application shall be submitted to the city planner for consideration and review as an 374 administrative site plan or shall be referred to the planning commission. 375 If the application is to be referred to the planning commission, the applicant shall be 376 informed at the preapplication meeting which elements listed in subsection 2.5 below 377 will be required in determination of conformity with the provisions and intent of this 378 section, along with any other comments and suggestions intended to bring about 379 conformity with the provisions and intent of this section. 380 2.42 Administrative site plan review. 381 (A) Process for administrative site plan application. If, as a result of the 382 preapplication meeting as described in subsection 2.41, it is determined that 383 the proposed uses or development is of a type that may be approved by the 384 city planner, the applicant shall submit the application for site development 385 plan approval on forms approved for that purpose, to the city planner with the 386 required documentation under the provisions of subsection 2.5, and a fee as 387 provided for in Appendix F: Fees and Fines. The city planner shall coordinate 388 the reviews of the various administrative departments of the City of Dover and 389 outside regulatory agencies and approve the application within thirty (30) days 390 of the date of submission or refer it to the planning commission at their next 391 scheduled meeting. 392 (B) Final plans and working drawings. Following initial review and comment by 393 the city planner, the applicant shall develop final construction plans for 394 approval by the planning office. The planning office shall determine that all 395 necessary approvals have been issued by city departments and outside 396 regulatory agencies prior to issuing final plan approval. No building permit 397 shall be issued until such time that the planning office has issued final site 398 plan approval. 399 (C) Expiration. Administrative site development plan approval shall expire on the 400 last day of the 24th month after the date of final approval by the planning 401 office if construction of the work authorized or use permitted has not started 402 or unless an extension of time is applied for by the applicant and granted by 403 the city planner. Approval shall also expire if the construction of work 404 authorized has stopped for a period of one year unless an extension of time is 405 applied for and granted by the city planner. 406 (D) Circumventing zoning requirements. Administrative site plans shall not be 407 used to circumvent the requirement of planning commission site plan review. Draft Amendments to Article 10 June 14, 2011 Page 11 of 33

408 If the city planner determines that cumulative administrative site plans on a 409 property are being used to circumvent the requirements of the zoning 410 ordinance or other provisions of the Dover Code of Ordinances, he shall refer 411 the application to the planning commission, subject to the requirements of 412 subsection 2.43. 413 2.43 Planning commission site plan review. 414 (A) Site development plan. If, as a result of the preapplication meeting as 415 described in subsection 2.41, it is determined that the proposed uses or 416 development is of a type that would be reviewed by the planning commission 417 and approval or disapproval of the application given by that body, the 418 application for site development plan approval shall be submitted to the city 419 planner on forms approved by the planning commission, at least 30 days prior 420 to the planning commission meeting at which approval is to be requested. The 421 application for site development plan approval shall be accompanied by a fee 422 as provided for in Appendix F--Fees and Fines. 423 (B) Land subdivision. If a proposed use or development requires planning 424 commission review under the land subdivision regulations of the City of 425 Dover as set forth in appendix A, the application for conditional approval of 426 the preliminary layout, under article IV, section B of that ordinance appendix 427 A, and the application for site development plan approval under this ordinance 428 shall be submitted and reviewed concurrently. The application for site 429 development plan approval shall be revised and all changed elements 430 resubmitted and reviewed concurrently with the application for plan approval 431 under article IV, section C of the land subdivision regulations set forth in 432 appendix A. 433 (C) Public hearing. Prior to the review and action on the site plan application, the 434 commission shall hold a public hearing subject to the following public 435 notification procedures: 436 (1) The applicant shall advertise the public hearing in a newspaper of 437 general circulation at least 15 days prior thereto. 438 (2) The applicant shall notify, by mail, all property owners within 200 feet 439 of the extreme limits of the site plan property as their names appear on 440 the municipal tax record at least 15 days prior thereto. 441 (3) The applicant shall post a notice outlining the date, time, place, and 442 nature of the hearing in a conspicuous location on the property. Such 443 notice shall be designed in accordance with standards set forth by the 444 planning commission. 445 (a) The applicant shall provide the planning office with a copy of 446 the notice, verification of newspaper publication, a date- 447 stamped photo of the property posting, and post office mail Draft Amendments to Article 10 June 14, 2011 Page 12 of 33

448 receipts including the date of mailing for all letters on or before 449 the meeting date. 450 (4) Said notices shall state the date, time and place of the hearing, the site 451 location, a brief description of the site plan and shall state that a copy 452 of the site plan application and plan is filed with the planning office 453 for public review. 454 (D) City planner report. For each site plan application to the planning commission 455 the city planner shall issue a report to the planning commission including 456 comments from other agencies detailing how the application conforms to the 457 requirements of the zoning ordinance and other provision of city and state 458 codes. This report shall not be deemed to represent a comprehensive list of all 459 city and state code requirements. The city planner shall transmit copies of the 460 proposed site development plan and the city planner’s report to the planning 461 commission at least seven days prior to the date of the meeting at which 462 approval of the site development plan is to be requested. 463 (E) Planning commission action. The planning commission shall act to approve or 464 disapprove any application for site development plan received by it either as 465 an original review or as a referral from the city planner under the provisions of 466 subsection 2.42(A) of this article within 45 days or within such additional 467 time as may be consented to by the applicant. Planning commission 468 disapproval shall include written findings upon any site development plan 469 element found contrary to the provisions or intent of the zoning ordinance. 470 (F) Notice of decision. The planning office shall send the applicant a letter 471 notifying the applicant of the planning commission’s action regarding the site 472 plan application. Such letter shall document any conditions and waivers 473 approved or recommended as part of the application approval. 474 (G) Final plans and working drawings. Following approval by the planning 475 commission, the applicant shall develop final site plans for approval by the 476 planning office. The planning office shall determine that all necessary 477 approvals have been issued by city departments and outside agencies 478 regulating street access and stormwater management, prior to issuing final 479 plan approval. No building permit shall be issued until such time that the 480 planning office has issued final site plan approval 481 (H) Amendments. Substantial amendments to an approved site development plan 482 shall be acted upon in the same manner as the original plan. The city planner 483 shall review proposed amendments to determine if they are substantial in 484 nature. Amendments that are not deemed substantial may be referred to the 485 planning commission for consideration at the discretion of the city planner. 486 (I) Expiration of planning commission approval. Draft Amendments to Article 10 June 14, 2011 Page 13 of 33

487 (1) Site development plan approval shall expire on the last day of the 24th 488 month after the date of final or conditional approval of the planning 489 commission if construction of the work authorized or use permitted has 490 not started or unless an extension of time is applied for by the applicant 491 and granted by the planning commission. Approval shall also expire if the 492 construction of work authorized has stopped for a period of one year 493 unless an extension of time is applied for and granted by the planning 494 commission. 495 (2) Request for extension of approval shall be made no later than 30 days 496 prior to the final approval expiration date. Upon receipt of such request, 497 the matter shall be considered at the next regularly scheduled meeting of 498 the planning commission. 499 (3) In considering a request for an extension of approval, the planning 500 commission shall consider, but not be limited to, the following: 501 (a) Whether the project has been delayed for reasons beyond the 502 control of the applicant, excluding economic or financial reasons. 503 (b) Whether the applicant has made substantial progress toward 504 obtaining final approvals. 505 (c) Whether there have been any significant changes in the 506 surrounding neighborhood. 507 (d) Whether there has been any related amendments to the zoning map 508 or text, or the comprehensive plan, or if any waivers or variances 509 have been granted. 510 (4) Requests for extensions shall be submitted in writing to the planning 511 office. 512 (5) Under no circumstances shall the planning commission grant extensions 513 beyond 36 months from the date of first approval. 514 2.44 Site development master plans. Conceptual site development master plans shall 515 be reviewed by the planning commission in accordance with the provisions of 516 subsection 2.43. Conceptual site development master plans shall depict a site 517 development proposal that reflects general compliance with the provisions of the 518 zoning ordinance and shall also reflect the following information on the plan: 519 (A) Conceptual Master Plan. Conceptual Master Plan shall include the proposed 520 general layout of building, streets, parking, open space, landscape concepts, 521 and stormwater management areas. 522 (1) Detailed site construction plans, details, and specifications are not required 523 as part of a site development master plan submission. 524 (2) The plan shall illustrate distinct phase boundaries for each proposed 525 construction phase and shall depict proposed construction and site 526 improvements planned for each phase. Bulk quantities and area totals for Draft Amendments to Article 10 June 14, 2011 Page 14 of 33

527 each construction phase, and for the total site, shall be tabulated in a data 528 column on the plan. 529 (3) Each construction phase shall be enumerated in sequential order on the 530 site development master plan according to the order of construction 531 contemplated by the plan. Phases shall be implemented in accordance with 532 the approved site development master plan unless the city planner 533 approves an alternate phasing. 534 (4) Each construction phase represented on the master plan shall be planned 535 and designed to function independent of construction and site 536 improvements contemplated in future construction phases in all respects, 537 including but not limited to bulk area provisions of the zoning district in 538 which the site is located, off-street parking requirements, site entrances, 539 emergency access requirements, site utilities, and stormwater management 540 improvements except where the requirements and needs of a later phase 541 are met and remain met by a previous phase of completed construction. 542 (5) Any special agreements or conditions of approval relative to the overall 543 development that have been specified by regulatory agencies shall be 544 documented on the site development master plan. 545 (B) Phased site plan approval. Individual phased components of the Conceptual 546 Master Plan are to be reviewed and approved as an Administrative Site 547 Plan. Final site construction plans, including detailed site grading, paving, 548 utilities, stormwater management, and tree planting and preservation plans 549 shall be submitted for final approval by the city planner and/or authorized 550 designee, and to other agencies having jurisdiction, on a phase by phase basis 551 in accordance with the approved site development master plan, and all 552 regulations of the City of Dover governing the approval of site plans as set 553 forth in subsection 2.4 and 2.5. 554 (C) Amendments. Substantial amendments to an approved site development 555 master plans shall be acted upon in the same manner as the original plan. The 556 city planner shall review proposed amendments to determine if they are 557 substantial in nature. Amendments that are not deemed substantial may be 558 referred to the planning commission for consideration at the discretion of the 559 city planner. 560 (D) Expiration of planning commission approval. For projects which are reviewed 561 and approved by the planning commission as conceptual master plans, 562 approval of the conceptual master plan shall remain valid for a period not to 563 exceed five years from the date of planning commission approval, provided 564 that the authorized construction or use has commenced within two years of 565 approval and is proceeding toward completion. In addition, the time between Draft Amendments to Article 10 June 14, 2011 Page 15 of 33

566 the completion of one phase and the initiation of the next phase shall not 567 exceed a period of two years. 568 2.5 Site development plan elements submission requirements accompanying applications 569 for site development plan approval. The applicant shall cause a site development plan 570 map to be prepared by a civil engineer, surveyor, land planner, or architect. The applicant 571 shall submit copies of the site development plan to the city planner at the time of filing 572 the formal application for site development plan approval under the provisions of 573 subsection 2.42, subsection 2.43, or subsection 2.44. If the application is under the 574 provisions of subsection 2.43 or 2.44, the city planner shall transmit copies of the site 575 development plan map to the planning commission at least seven days prior to the 576 meeting at which approval of the application for site development plan approval is to be 577 requested. Site development plan elements shall include those listed below which are 578 appropriate to the proposed development or use as indicated in the preapplication meeting 579 required by the provisions of subsection 2.41. 580 2.51 Scale dimensions: Ten, 20, 30 or 40 feet to the inch, except that if the property 581 has a maximum dimension over 900 feet, a scale of 50 feet to the inch may be used. 582 2.52 Legal data: 583 (A) Tax parcel identification number. 584 (B) Name and address of the owner of record. 585 (C) Name and address of the equitable owner, if any. 586 (D) Name and address of the person, firm or organization preparing the map. 587 (E) Date, north point and written and graphic scale. 588 (F) Sufficient description of information to define precisely the boundaries of the 589 site, and total acreage of the site. All distances shall be given in feet and tenths 590 of a foot. All angles shall be given to the nearest ten seconds or closer. The 591 error of closure shall not exceed one in 10,000. 592 (G) The locations, names and existing widths of adjacent street rights-of-way and 593 curblines. 594 (H) The locations and owners of record of all adjoining lands. 595 (I) Locations, widths and purposes of all existing and proposed easements, 596 setbacks, reservations and areas dedicated to public use within or adjoining 597 the property. 598 (J) A complete outline of existing or proposed deed restrictions or covenants 599 applying to the property and recital of the deed references if they are of 600 record. 601 (K) Existing zoning on the site and adjacent properties. Draft Amendments to Article 10 June 14, 2011 Page 16 of 33

602 (L) Two location maps, one at a scale of 1,200 feet to the inch, and one at a scale 603 of 400 feet to the inch, showing the distance along all adjacent roads to the 604 nearest intersections. 605 (M) Record of any agreements between the applicant and the city regarding the 606 proposed development. 607 2.53 Natural features: 608 (A) Contour lines at vertical intervals of two feet for land with an average existing 609 slope of four percent or less, and at intervals of five feet for land with an 610 average existing slope greater than four percent. 611 (B) Location of different soil types, as indicated by the soil survey of Kent 612 County, prepared by the Natural Resources Conservation Service, and 613 including locations of flood hazard areas as identified in the FEMA Flood 614 Insurance Maps. The soils information shall be supplemented by soil boring 615 and percolation test data, if requested by the city. 616 (C) Location of significant natural features, including bodies of water, wetlands, 617 and forest areas. 618 2.54 Proposed development: 619 (A) Existing buildings and other structures. 620 (B) Location and width of all proposed streets and rights-of-way. Speed bumps or 621 speed dips for the purpose of slowing down traffic on any street shall not be 622 permitted. 623 (C) Location of all proposed structures, except one-family detached dwellings, 624 and an indication of the total number of dwelling units. 625 (D) Location and dimensions of all lot lines. 626 (E) Building setback lines on all lots. 627 (F) Location of all uses not requiring structures, including parks, playgrounds and 628 other open space areas. 629 (G) Location and plans for any outdoor signs. 630 (H) Location, direction, power and time of use for any proposed outdoor lighting. 631 (I) The location, size and arrangement of proposed sidewalks, driveways, loading 632 areas, off-street parking areas and other paved areas. 633 (J) Indication of the total amount of impervious surfaces and the development 634 coverage. 635 (K) Any proposed changes in elevation of the site and elevations of all streets, 636 parking areas, and building foundations. The datum to which all elevations, 637 including existing contour elevations, refer shall be clearly indicated on the 638 plan. Draft Amendments to Article 10 June 14, 2011 Page 17 of 33

639 (L) Plans for surface drainage of the site. Such plans shall include stormwater run- 640 off calculations and shall show the proposed method of accommodating the 641 anticipated run-off. 642 (M) Any proposed below-ground or above-ground utilities and any contemplated 643 public improvements, including road improvements, on or adjoining the 644 property. Plans for such utilities and improvements shall indicate whether the 645 developer, the city, or other agency will bear the financial responsibility for 646 the construction, and which improvements are intended to be dedicated to the 647 city. 648 (N) Proposed grading, screening and other landscaping, including types and 649 locations of proposed street trees. 650 (O) Architectural elevation drawings or other graphic representations illustrating 651 exterior building characteristics of proposed buildings and/or building 652 additions that would be visible from the public right-of-way. Elevation 653 drawings shall be drawn to scale and shall reflect major architectural elements 654 such as exterior surface materials, windows, doors, columns, and wall- 655 mounted signage. Elevation plans are intended to provide a general depiction 656 of the physical appearance, massing and scale of the proposed construction. 657 2.55 Requested information. Full and complete information requested by the city 658 planner in accordance with the development information requirements set forth in 659 section 4. 660 2.56 Development in stages. If the site development plan indicates more than one 661 stage of the development, supplementary material shall be included to show 662 compliance with article 5, section 9, development in stages. 663 2.57 Miscellaneous information. Other information deemed by the planning 664 commission to be necessary to determine conformity with the intent of this ordinance. 665 Section 3. Historic district commission and architectural review. 666 3.1 Historic district commission established. 667 3.11 Creation and purpose. There shall be a historic district commission for the 668 purpose of assisting the planning commission and city planner in reviewing 669 applications for architectural review certifications as specified in subsection 3.2; and 670 for making recommendations for designation of historic district zones; and for 671 establishing guidelines for the preservation and conservation of historic district zones; 672 and for advising other officials and departments in the City of Dover in matters 673 concerning historic preservation; and for reviewing all proposed National Register 674 nominations in the City of Dover; and for acting as a liaison on behalf of the City of 675 Dover to individuals and organizations concerned with historic preservation; and for 676 carrying out programs of historic preservation education in the City of Dover. Draft Amendments to Article 10 June 14, 2011 Page 18 of 33

677 3.12 Appointment. The commission shall consist of five members nominated by the 678 mayor and approved by the city council, who are residents of the City of Dover and 679 who have demonstrated special interest, experience, or knowledge in history, 680 architecture, or historic preservation. Two of the members, to the extent available, 681 shall be professional members representing the professions of architecture, history, 682 archaeology, planning, historic preservation or related disciplines. At least two 683 members shall be residents of the district, and at least one shall represent the business 684 within the district. 685 3.13 Term. The members of the commission shall serve for three-year staggered 686 terms. Vacancies shall be filled within 60 days in accordance with subsection 3.12 of 687 this section. 688 3.14 Organization. The commission shall meet at least four times per year in a place 689 that is advertised in advance and open to the public and shall keep minutes of its 690 meetings that are available to the public. All review decisions shall be made in public. 691 The commission shall establish bylaws for its general procedure, which shall include 692 a section addressing conflicts of interest. The commission shall produce an annual 693 report of its activity that is kept on file for public review with the city planning office. 694 3.2 Architectural review certification. 695 3.21 Effect of architectural review certificate. No building permit or certificate of 696 occupancy may be issued for any structure in the historic district until an architectural 697 review certificate is issued as required under article 3, section 21, subsection 21.3 for 698 the historic district. 699 3.22 Architectural review certification by the city planner. 700 (A) An architectural review certificate for specific classes of building permits, 701 including fences, signs, siding, window and door replacement, roofing, the 702 addition or replacement of decorative features, minor demolition, residential 703 additions, and other construction of a minor nature, may be issued by the city 704 planner, after a review and determination that the proposed construction is in 705 general accordance with the standards set forth in subsection 3.25. 706 (B) The city planner may refer any permit application for demolition or 707 construction in the historic district for consultation with commission. 708 (C) All decisions of the city planner pursuant to this subsection shall be 709 documented on the building permit. When the city planner grants a 710 conditional approval under this section, all conditions of approval shall be set 711 forth in writing on the building permit. In the event of a denial, the reasons for 712 such denial shall be documented in a written notice of decision which shall 713 identify all elements of the application found to be contrary to the provisions 714 or intent of this section. Draft Amendments to Article 10 June 14, 2011 Page 19 of 33

715 (D) An applicant may appeal the decision of the city planner to the historic district 716 commission and such appeal shall be considered as an architectural review 717 certification application to the historic district commission and shall meet all 718 of the requirements set forth in subsection 3.23. 719 3.23 Architectural review certification by the historic district commission 720 (A) The historic district commission shall issue architectural review certificates 721 for the construction or demolition of single-family and two-family homes, and 722 nonresidential structures or additions involving a gross floor area of 3,000 723 square feet or less, after review of the proposed construction and after a 724 determination that the construction is in general accordance with the standards 725 set forth in subsection 3.25 below. 726 (B) All applications to the historic district commission for architectural review 727 certification shall be subject to the procedures set forth in subsection 3.26. 728 (C) All decisions of the historic district commission pursuant to this subsection 729 shall be formalized in a written notice of decision. When the commission 730 grants a conditional approval under this subsection, all conditions of approval 731 shall be set forth in writing in the notice of decision. In the event of a denial, 732 the notice of decision shall state the reasons for denial and shall identify all 733 elements of the application found to be contrary to the provisions or intent of 734 this subsection. 735 (D) An applicant may appeal the decision of the historic district commission to the 736 planning commission, and such appeal shall be considered as an architectural 737 review certification application to the planning commission and shall meet all 738 of the requirements set forth in subsection 3.24 and subsection 3.26. 739 3.24 Architectural review certification by the planning commission. 740 (A) The planning commission shall issue architectural review certificates referred 741 or appealed to it, upon review of the recommendations of the historic district 742 commission and upon a determination that the proposed construction is in 743 accordance with the standards set forth in subsection 3.25. 744 (B) All applications to the planning commission for architectural review 745 certification shall be subject to the procedures set forth in subsection 3.26. 746 (C) All decisions of the planning commission pursuant to this subsection shall be 747 formalized in a written notice of decision. When the planning commission 748 grants a conditional approval under this subsection, all conditions of approval 749 shall be set forth in writing in the notice of decision. In the event of a denial, 750 the notice of decision shall state the reasons for denial and shall identify all 751 elements of the application found to be contrary to the provisions or intent of 752 this subsection. 753 3.25 Architectural review standards. Draft Amendments to Article 10 June 14, 2011 Page 20 of 33

754 (A) An architectural review certificate may be issued if it is found that the 755 architectural style, general design, height, bulk and setbacks, arrangement, 756 location and materials and structures affecting the exterior appearance are 757 generally in harmony with neighboring structures and complementary to the 758 traditional architectural standards of the historic district as set forth in the 759 historic district design guidelines and standards adopted by the planning 760 commission and as set forth in the United States Secretary of the Interior's 761 Standards for Rehabilitation. 762 (B) The city planner, historic district commission or planning commission shall 763 not consider normal maintenance and repair (see definitions, article 12), 764 interior arrangement, or building features not subject to public view. 765 3.26 Procedures for an architectural review by the historic district commission and/or 766 planning commission. 767 (A) Architectural preapplication meeting. Prior to action on any application for an 768 architectural review certificate, the applicant shall meet in person with the city 769 planner or his delegated representative. The purpose of such conference shall 770 be to discuss the proposed construction or other action requiring the certificate 771 in order to determine what information is useful in the determination of 772 conformity with the provisions and intent of the historic district regulation as 773 expressed in this ordinance. 774 (B) Application and fee. The application to the historic district commission for an 775 architectural review certificate and related information shall be submitted to 776 the city planner at least 30 days prior to the historic district commission 777 meeting at which review is requested and shall be accompanied by a fee as 778 provided for in Appendix F--Fees and Fines. 779 (C) Public hearing. Prior to the review and action on an architectural review 780 certification, the historic district commission shall hold a public hearing 781 subject to the following public notification procedures: 782 (1) The applicant shall advertise the public hearing newspaper of general 783 circulation at least 15 days prior thereto. 784 (2) The applicant shall notify, by mail, all property owners within 200 feet of 785 the extreme limits of the subject property as their names appear on the 786 municipal tax record at least 15 days prior thereto. 787 (3) The applicant shall post a notice outlining the date, time, place, and nature 788 of the hearing in a conspicuous location on the property. Such notice shall 789 be designed in accordance with standards set forth by the planning 790 commission. 791 (4) The applicant shall provide the planning office with a copy of the notice, 792 verification of newspaper publication, a date-stamped photo of the Draft Amendments to Article 10 June 14, 2011 Page 21 of 33

793 property posting, and post office mail receipts indicating date of mailing 794 for all letters on or before the meeting date. 795 (5) Said notices shall state the date, time, and place of the hearings before the 796 historic district commission, a brief description of the project and shall 797 state that a copy of the application and plan is on file with the planning 798 office for public review. 799 (6) If the planning commission is reviewing a project in accordance with other 800 sections of this article, then the public hearing notice on those applications 801 must also give notice of architectural review certification. 802 (D) Application information. The applicant shall provide such information and 803 documents listed below which will satisfactorily illustrate the proposed action 804 as indicated in the architectural preapplication meeting required in subsection 805 3.26(A): 806 (1) All plan elements required in subsection 2.5. 807 (2) Plans and specifications indicating existing and proposed development, 808 including structures, architectural elevation drawings, trees and any other 809 landscaping, existing and proposed, including the general design, location 810 and orientation of structures in relation to curb line, right-of-way line and 811 neighboring buildings, colors, and materials to be used on exterior 812 surfaces, detailed plans for any signs, photographs of the existing site and 813 neighboring buildings, and such other information as will enable the 814 historic district commission or planning commission to determine 815 conformity with the ordinance. 816 (E) City planner report. For each application to the planning commission the city 817 planner shall issue a report to the planning commission including comments 818 from other agencies detailing how the application conforms to the 819 requirements of the zoning ordinance and other provision of city and state 820 codes. This report shall not be deemed to represent a comprehensive list of all 821 city and state code requirements. The city planner shall transmit copies of the 822 proposed site development plan and the city planner’s report at least seven 823 days prior to the date of the meeting at which approval of the site development 824 plan is to be requested. 825 (F) Historic district commission action. The historic district commission shall act 826 to review and render a recommendation to approve any such application 827 within 45 days of transmittal to the commission or within such additional time 828 as may be consented to by the applicant. The recommendation of the historic 829 district commission shall be forwarded to the planning commission and acted 830 upon by the planning commission in conjunction with action on the associated 831 site development plan. If a site development plan application is not filed in 832 accordance with the provisions of subsection 2.4 of this article within one year Draft Amendments to Article 10 June 14, 2011 Page 22 of 33

833 of recommendation, the recommendation shall expire. The historic district 834 commission may grant a one-year extension of its recommendation upon 835 written request by the applicant. Such request shall be made in writing to the 836 planning office at least thirty days prior to the expiration of the historic district 837 commission’s recommendation. 838 (G) Substantial Amendments. Substantial amendments to an application or an 839 architectural review certificate shall be acted upon in the same manner as the 840 original plan. 841 (H) Expiration of architectural review certification issued by the historic district 842 commission. 843 (1) Architectural review certification approval shall expire on the last day of 844 the 12th month after the date of approval if construction of the work 845 authorized or use permitted has not started or unless an extension of time 846 is applied for by the applicant and granted by the historic district 847 commission. Approval shall also expire if the construction of work 848 authorized has stopped for a period of one year unless an extension of time 849 is applied for and granted by the historic district commission. 850 (2) Request for extension of approval shall be made no later than 30 days 851 prior to the final approval expiration date. Upon receipt of such request, 852 the matter shall be considered at the next regularly scheduled meeting of 853 the historic district commission. 854 (3) In considering a request for an extension of approval, the historic district 855 commission shall consider, but not be limited to, the following: 856 (a) Whether the project has been delayed for reasons beyond the control 857 of the applicant, excluding economic or financial reasons. 858 (b) Whether the applicant has made substantial progress toward obtaining 859 final approvals. 860 (c) Whether there have been any significant changes in the surrounding 861 neighborhood. 862 (d) Whether there has been any related amendments to the zoning map or 863 text, or the comprehensive plan, or if any waivers or variances have 864 been granted. 865 (4) Requests for extensions shall be submitted in writing to the planning 866 office. 867 (5) Under no circumstances shall the historic district commission grant 868 extensions beyond 24 months from the date of first approval. 869 3.3 Historic district amendments. 870 3.31 Historic district commission review required. Any motion or petition to amend, 871 supplement, or repeal a historic district by the city council in accordance with section Draft Amendments to Article 10 June 14, 2011 Page 23 of 33

872 5, amendments, shall require a report by the historic district commission as set forth 873 in article 3, subsection 21.4. 874 3.32 Review criteria for placing individual structures in a historic district. The historic 875 district commission may recommend that an individual structure or property be 876 placed in an existing contiguous historic district or be placed in a historic district 877 specifically created for the property or structure upon considering the following 878 criteria and factors: 879 (A) Significant value as part of the historical, cultural, artistic, social, ethnic or 880 other heritage of the nation, state or community; 881 (B) Association with an important person or event in national, state, or local 882 history. 883 (C) Representative of the distinguishing characteristics of an architectural type 884 inherently valuable for the study of a period, style, craftsmanship, method of 885 construction or use of indigenous material; 886 (D) Notable work of a master builder, designer, architect, or artist whose 887 individual genius has influenced an era; 888 (E) The desire of the owner to have the property designated; 889 (F) Increased potential of economic or community development. 890 3.33 Review criteria for amendments or creation of new historic districts. The historic 891 district commission may recommend amendments to an existing historic district, 892 recommend repeal of an existing historic district or recommend the creation of a new 893 historic district upon considering the following criteria: 894 (A) Any criteria listed in subsection 3.32. 895 (B) Distinctive character or homogeneity of architectural design or dates of 896 construction throughout the area. 897 (C) Identifiable by clear and distinctive boundaries. 898 (D) Repetition of distinguishing architectural or land use characteristics 899 throughout the area. 900 3.34 Public hearing required. For all proposed amendments to the boundary of the 901 historic district, the historic district commission shall hold a public hearing subject to 902 the following public notification procedures: 903 (A) The planning office shall advertise the public hearing in a newspaper of 904 general circulation at least 15 days prior thereto. 905 (B) The planning office shall notify, by mail, all directly affected property owners 906 and all property owners within 200 feet of the extreme limits of the properties 907 proposed for addition to or removal from the district as their names appear on 908 the municipal tax record at least 15 days prior thereto. 909 3.4 Demolition by neglect. Draft Amendments to Article 10 June 14, 2011 Page 24 of 33

910 3.41 Responsibility of property owners. Property owners of properties within the 911 historic districts shall not allow their buildings to be demolished by neglect (see 912 definitions, article 12) by failing to provide ordinary maintenance or repair. 913 3.42 Responsibility of the historic district commission. The historic district 914 commission shall monitor the condition of historic properties and existing buildings 915 in the historic district to determine if they are being demolished by neglect by failing 916 to provide ordinary maintenance and repair (see definitions, article 12). In the event 917 that the commission determines a demolition by neglect is occurring, it shall carry out 918 the following: 919 (A) Determine and set forth steps required to remedy the situations or defects. 920 (B) Direct the city planner to inform the property owners of its findings, 921 determination, and recommended remedies. 922 (C) In the event that the property owners fail to commence work within the 923 reasonable time allotted by the commission, the commission may direct the 924 building inspector to begin proceedings under chapter 22, buildings, and 925 building regulations, article XI, dangerous buildings, of the Code of 926 Ordinances for the City of Dover to bring about the repair or demolition of the 927 building. 928 3.43 Responsibility of the city planner. The city planner shall notify the historic 929 district commission of buildings within the historic district that have been referred to 930 him by the building inspector that meet the definition of dangerous buildings under 931 the provisions of chapter 22 buildings and building regulations, article XI dangerous 932 buildings, of the Code of Ordinances for the City of Dover. In such cases the 933 commission shall determine if the building is being demolished by neglect. Before 934 referring a property to the commission for consideration as demolition by neglect, the 935 city planner shall give written notice to the owner, occupant, mortgagee, lessee, 936 agent, and all other persons having an interest in said building, as shown by the 937 records of the recorder of deeds of the county, to appear before historic district 938 commission at the time, date and location specified. 939 Section 4. Development information requirements. 940 4.1 In order to more effectively evaluate the probable impact of proposed development 941 and thereby to carry out the purposes of this ordinance when making decisions and 942 recommendations regarding development proposals, the planning commission, historic 943 district commission, or city planner may adopt a standard set of information 944 requirements, which may be updated from time to time as necessary. 945 4.2 The information requirements shall be administered by the city planner and shall be a 946 part of submission requirements for all applications to the planning commission. 947 Section 5. Amendments. Draft Amendments to Article 10 June 14, 2011 Page 25 of 33

948 This ordinance or any part thereof may be amended, supplemented or repealed, from time 949 to time, by the city council on its own motion or upon application, as provided in chapter 950 3 of title 22, Municipalities of the Delaware Code Annotated (22 Del. C. § 301 et seq.). 951 Every such proposed amendment shall be referred by the city council to the planning 952 commission for a report before the public hearing. The city council shall not take action 953 on any such amendment without a report from the planning commission unless the 954 planning commission fails to render such a report within 75 days after its regularly 955 scheduled meeting following such referral. 956 5.1 Types of amendments to the ordinance. The following are the types of amendments 957 that may be made to the ordinance: 958 5.11 Zoning text amendments. Amendments to ordinance text may be made upon 959 initiation of the city planner or under sponsorship of three members of city council. 960 5.12 Map amendment by application. A property owner may make application to the 961 city for amendment of the zoning map as it relates to his property. Amendments to the 962 zoning map may also be initiated by sponsorship of three members of city council and 963 shall be considered under the procedures of subsection 5.3 as it relates to applications 964 for map amendments. 965 5.13 Comprehensive zoning map amendment. Amendment to the zoning map as a 966 result of a new, revised, or amended comprehensive plan, or other formal plan or 967 study shall be considered as a comprehensive zoning map amendment and shall be 968 initiated by the planning office. 969 5.2 Procedure for zoning text amendments in accordance with subsection 5.11. 970 5.21 Public hearing and notice. An amendment to the ordinance text shall be subject 971 to public hearing before the planning commission and city council prior to adoption. 972 Such hearing shall be advertised in a newspaper of general circulation at least fifteen 973 (15) days prior to the planning commission hearing. Such notices shall state the date, 974 time and place of the planning commission and city council hearings and a brief 975 description of the proposed zoning text amendment, and specify that documents are 976 available in the planning office for review. 977 5.22 City planner report. For each proposed zoning text amendment, the city planner 978 shall issue a report to the planning commission and city council, including comments 979 from other reviewing agencies, that evaluates the following factors: 980 A) Whether such change is consistent with the aims and principles embodied in 981 the ordinance as to the particular zones concerned; and 982 B) Whether such proposed amendment is consistent with the aims of the 983 comprehensive plan of the city. Draft Amendments to Article 10 June 14, 2011 Page 26 of 33

984 5.23 Report of the planning commission. Regarding each proposed amendment to the 985 ordinance text, the planning commission shall provide a report to the city council 986 stating a recommended action with regards to the proposed amendment, along with 987 the commission’s evaluation of the following factors: 988 A) Whether such change is consistent with the aims and principles embodied in 989 the ordinance as to the particular zones concerned; and 990 B) Whether such proposed amendment is consistent with the aims of the 991 comprehensive plan of the city. 992 5.3 Application procedure for zoning map amendments in accordance with subsection 993 5.12. 994 5.31 Preapplication Meeting. Prior to the submission of a zoning map amendment 995 application, the applicant or his representative shall meet in person with the city 996 planner or his designee to discuss the rezoning request. The purpose of this meeting 997 shall be to discuss proposed uses or developments and to review the process and 998 submission requirements. 999 5.32 Application. Application for a zoning map amendment shall be submitted to the 1000 city planner, on forms approved by the planning commission, along with a fee as 1001 provided for in Appendix F--Fees and Fines, and copies of a site map as described 1002 below. 1003 (A) Submission requirements accompanying applications for amendments to the 1004 zoning map. The applicant shall cause a site map to be prepared by a civil 1005 engineer, surveyor, land planner, or architect. The applicant shall submit 1006 copies of the site map to the city planner. The elements to be included on the 1007 site map are listed below: 1008 (1) Scale and dimensions. The map shall be at least 8.5 by 11 inches and at a 1009 scale of ten, 20, 30 or 40 feet to the inch, except that if the property has a 1010 maximum dimension over 900 feet, a scale of 50 feet to the inch may be 1011 used. 1012 (2) Legal data. 1013 (a) Tax parcel identification number. 1014 (b) Name and address of the owner of record. 1015 (c) Name and address of the equitable owner, if any. 1016 (d) Name and address of the person, firm or organization preparing the 1017 map. 1018 (e) Date, north point and written and graphic scale. 1019 (f) Sufficient description of information to precisely define the boundaries 1020 of the property and that portion of the property for which a rezoning is 1021 requested; and total acreage for which a rezoning is requested. All 1022 distances shall be in feet and hundredths of a foot. All angles shall be Draft Amendments to Article 10 June 14, 2011 Page 27 of 33

1023 given to the nearest second or closer. The error of closure shall not 1024 exceed one in 10,000. 1025 (g) The locations, names and existing widths of adjacent street rights-of- 1026 way and curblines. 1027 (h) Location, width and purpose of all existing and proposed easements, 1028 reservations and areas dedicated to public use within or adjoining the 1029 property. 1030 (i) Existing and proposed zoning. 1031 (j) Any existing development on the property, including buildings, fences 1032 and landscape screening. 1033 (k) Full and complete information requested by the city planner in 1034 accordance with the development information requirements set forth in 1035 section 4. 1036 5.33 Setting of hearings and referral to planning commission. For any application to 1037 amend the zoning map, city council shall refer the proposed amendment to the 1038 planning commission and set dates for the public hearings to be held before the 1039 planning commission and city council. 1040 5.34 Advertisement of public hearing. Following referral of a zoning map amendment 1041 application to planning commission by city council, the applicant shall advertise the 1042 public hearing as follows: 1043 (A) The applicant shall notify by mail all property owners within a distance of 200 1044 feet of the extreme limits of the subject property of the public hearing dates, 1045 times and locations. 1046 (B) The applicant shall advertise the public hearings in a newspaper of general 1047 circulation at least fifteen (15) days prior to the planning commission hearing. 1048 Such notices shall state the date, time and place of the planning commission 1049 and city council hearings and a brief description of the proposed zoning map 1050 amendment, and specify that documents are available in the planning office 1051 for review. 1052 (C) The applicant shall also post a notice outlining the date, time, place, and 1053 nature of the hearings in a conspicuous location on the property. Such notice 1054 shall be designed in accordance with standards set forth by the planning 1055 commission and city council. 1056 (D) The applicant shall provide the planning office with a copy of the notice, 1057 verification of newspaper publication, a date-stamped photo of the property 1058 posting, and post office mail receipts indicating the date of mailing for all 1059 letters on or before the planning commission meeting date. Draft Amendments to Article 10 June 14, 2011 Page 28 of 33

1060 5.35 City planner report. For each application for a zoning map amendment, the city 1061 planner shall transmit a report to the planning commission and city council, including 1062 comments from other reviewing agencies that evaluate the following factors: 1063 (A) Whether the uses permitted by the proposed change would be compatible with 1064 the existing uses and zones in the area concerned; 1065 (B) Whether adequate public services and infrastructure exist or can be created or 1066 expanded to serve the needs of any additional demand as a result of such 1067 change; and 1068 (C) Whether the proposed change is in accordance with the city’s current 1069 comprehensive plan. 1070 5.36 Report of the planning commission. Regarding each application for a zoning 1071 map amendment, the planning commission shall provide a report to the city council 1072 stating a recommended action with regards to the proposed amendment, along with 1073 the commission’s evaluation of the following factors: 1074 (A) Whether the uses permitted by the proposed change would be compatible with 1075 the existing uses and zones in the area concerned; 1076 (B) Whether adequate public services and infrastructure exist or can be created or 1077 expanded to serve the needs of any additional demand as a result of such 1078 change; and 1079 (C) Whether the proposed change is in accordance with the city’s current 1080 comprehensive plan. 1081 5.37 Amendment of zoning map. Following action by city council with regards to an 1082 application to amend the zoning map, the planning office shall update the zoning map 1083 to reflect the action of city council. 1084 5.38 Notice of decision. The city clerk shall send the applicant a letter notifying the 1085 applicant of the city council’s action regarding the application for a zoning map 1086 amendment. 1087 5.4 Procedure for comprehensive zoning map amendment in accordance with subsection 1088 5.13. 1089 5.41 Public hearing and notice. A comprehensive zoning map amendment shall be 1090 subject to public hearing before the planning commission and city council prior to 1091 adoption. The planning office shall advertise the public hearings as follows: 1092 (A) The planning office shall advertise the public hearing in two newspapers of 1093 general circulation at least fifteen (15) days prior to the planning commission 1094 hearing. 1095 (B) The planning office shall notify all affected property owners by mail at least 1096 15 days prior to the planning commission hearing, informing them of the 1097 proposed zoning map amendment as it relates to their property. Draft Amendments to Article 10 June 14, 2011 Page 29 of 33

1098 (C) Such notices shall state the date, time and place of the planning commission 1099 and city council hearings and a brief description of the proposed zoning map 1100 amendment, and specify that documents are available in the planning office 1101 for review. 1102 1103 5.42 City planner report. For any comprehensive zoning map amendment, the city 1104 planner shall issue a report to the planning commission and city council, including 1105 comments from other reviewing agencies, that identifies: 1106 A) The reasons for the comprehensive zoning map amendment; 1107 B) All properties where a change in zone is proposed; and 1108 C) How the proposed changes to the zoning map support the city’s current 1109 comprehensive plan. 1110 5.43 Report of the planning commission. Regarding each application for a 1111 comprehensive zoning map amendment, the planning commission shall provide a 1112 report to the city council stating a recommended action with regards to the proposed 1113 amendment, along with the commission’s evaluation of the following factors: 1114 (A) Whether the uses permitted by the proposed change would be compatible with 1115 the existing uses and zones in the area concerned; 1116 (B) Whether adequate public services and infrastructure exist or can be created or 1117 expanded to serve the needs of any additional demand as a result of such 1118 change; and 1119 (C) Whether the proposed change is in accordance with the city’s current 1120 comprehensive plan. 1121 5.44 Adoption of comprehensive zoning map amendment. Upon adoption of the 1122 comprehensive zoning map amendment by city council, the zoning of properties shall 1123 be as reflected in the adopted map. 1124 5.45 Notice of decision. The city shall notify all affected property owners in writing 1125 with regards to any amendments to the zoning map that affect their properties. 1126 5.5 Amendment protests. In the case of a protest against any amendment, such 1127 amendment shall not become effective, except in accordance with the provisions of 1128 section 305 of chapter 3 of title 22, Municipalities, of the Delaware Code Annotated (22 1129 Del. C. § 305). 1130 5.6 Zoning map amendment approvals. In all cases where the city council shall approve 1131 an amendment to the zoning map, the said council shall find that, for reasons fully set 1132 forth in the said findings, such amendment is in conformity with the comprehensive plan 1133 for the city. Draft Amendments to Article 10 June 14, 2011 Page 30 of 33

1134 5.61 Reconsideration, one-year limitation. 1135 (A) Whenever an amendment has been denied by the city council, such 1136 amendment, or one substantially similar, shall not be reconsidered sooner than 1137 one year from the date of the prior denial, except as provided in subsection 1138 (B) hereof. 1139 (B) Notwithstanding the provisions of subsection (A) hereof, the planning 1140 commission may request the council to reconsider an application within the 1141 one-year period from the denial of the same if the land use in the area has 1142 changed to such a degree that failure to do so would prevent proper planning 1143 and development of the area in question. 1144 5.7 Closed zones. Where the city finds that new development in a certain zone would be 1145 inconsistent with the purposes of this ordinance, but that elimination of or substantial 1146 changes to the zone would create a hardship for many owners of existing buildings and 1147 land in that zone, the city may declare the zone closed. The city council shall not accept 1148 or approve amendments to the zoning map which would place land in a closed zone. 1149 Closed zones include: 1150 (A) R-7; 1151 (B) RG-4; 1152 (C) RG-O, except in the downtown redevelopment target area as described in 1153 appendix C of the City of Dover Code of Ordinances. 1154 BE IT FURTHER ORDAINED: 1155 That Appendix F – Fees and Fines be amended by deleting the text shown in red bold 1156 strikethrough and replacing it with the text shown in blue bold italics as follows: Appendix B—Zoning—Article 10—Planning Commission Sec. 1 Approval of conditional uses Subsec. 1.52 Application procedure; Conditional use $325.00, permit; each application ..... plus $15.00 per acre of the area or multiple thereof involved in the application Sec. 2 Site development plan approval Subsec. 2.45 Fees ..... Application for site 2.42 development plan approval—$325.00 Application for administrative site Draft Amendments to Article 10 June 14, 2011 Page 31 of 33

plans—$125.00 Subsec. Fees…. Application for site 2.43 development plan approval—$325.00 Sec. 3 Historic district commission and architectural review Subsec. 3.25 Procedures for an architectural review by the historic district 3.26 commission or planning commission Subsec. Application and fee for an $250.00 (b) architectural review certificate ..... Sec. 5 Amendments Subsec. 5.12 Fees 5.32 Each petition application for a Minimum fee of $325.00, rezoning amendment ..... in addition to required district supplemental fee Residential and single-family (R- $10.00 per acre 7, R-8, R-10, R-15, and R-20); supplemental fee ..... Multifamily (RG-0, RG-1, RG-2, $30.00 per acre RG-3, RG-4, RG-5, RM-1, and RM-2), cluster and MHP; supplemental fee ..... Commercial and institutional (C- $50.00 per acre 1, C-1A, C-2, C-2A, C-3, CPO, RC and IO); supplemental fee ..... Shopping center development $60.00 per acre (SC-1, SC-2 and SC-3); supplemental fee ..... Manufacturing and industrial $60.00 per acre development (M and IPM); supplemental fee ..... All applications for $250.00 amendment to the zoning Draft Amendments to Article 10 June 14, 2011 Page 32 of 33

ordinance (appendix B) ..... 1157 1158 BE IT FURTHER ORDAINED: 1159 That the amendments shall be affective upon adoption of this ordinance and that any unexpired 1160 conditional use permit, site development plan, or architectural review certificate approval shall 1161 be eligible for extension of approval by the approving body for a period of time not to exceed 36 1162 months from the last day of the month during which initial approval was granted by that body. 1163 1164 SYNOPSIS 1165 The proposed ordinance would amend the 1166 procedures for conditional use permits, site 1167 development plans, architectural review certificates 1168 and amendments to the zoning ordinance. Included 1169 in the proposed amendments are measures to clarify 1170 and streamline certain review processes and expand 1171 public notification requirements. Draft Amendments to Article 10 June 14, 2011 Page 33 of 33

the City. • Requires that a description of the proposed use accompany the Conditional Use Permit application. Proposed Changes to Site Development Plan Requirements • Sets four types of reviews and the processes for each: o Planning Commission Site Plan • New buildings or building additions of 3,000 SF or greater (same as current) • Addition of 5,000 SF of impervious cover (same as current) • Non-residential site plans that includes more than 1,500 SF of disturbance (current threshold set at 500 SF) o Site Development Master Plan o Zoning Review • New process — Currently these projects are required to be reviewed as an Administrative Site Plan • No building or impervious cover expansion proposed • Change of use within existing building • Review with building permit review o Administrative Site Plan • New buildings, building additions, impervious cover, or disturbance below the Planning Commission Site Plan thresholds • Same as current Administrative Site Plan Process Historic District Commission • Clarifies three types of Architectural Review Certification: o Review and approval by City Planner at building permit submission o Review and approval by Historic District Commission o Review and recommendation by Historic District Commission for final action by the Planning Commission • Clarifies process for amendments to the boundary of the Historic District o Public hearing before the Historic District Commission o Notice of hearing in newspaper and mailed to affected property owners and owners of properties within 300 feet of affected properties — all 15 days prior to Historic District Commission Hearing • Clarifies the procedures for "Demolition by Neglect" determination. Amendments to the Zoning Ordinance Establishes clear processes for applications to amend the Zoning Map (rezoning), amendments to the Zoning Map as a result of a Comprehensive Rezoning, and amendments to the Zoning Text. Summary of Proposed Changes to Article 10 July 8, 2011 Page 3 of 3

1 Code Mark-up Document 2 DRAFT Amendments to Zoning Ordinance, Article 10 3 4 ARTICLE 10. PLANNING COMMISSION 5 6 Section 1. Approval of conditional uses. 7 On application and after public notice and hearing, the commission may authorize the issuance 8 by the city planner of permits for any of the conditional uses for which this ordinance requires, in 9 the district in which such use is proposed to be located, the approval of such use by the 10 planning commission. In approving any such use, the planning commission shall take into 11 consideration the public health, safety and welfare, the comfort and convenience of the public in 12 general and of the residents of the immediate neighborhood in particular, and may prescribe 13 appropriate conditions and safeguards as may be required in order that the results of its action 14 may, to the maximum extent possible, further the expressed intent of this ordinance and the 15 accomplishment of the following objectives in particular: 16 1.1 Accessibility for emergency response fire and police protection. That all proposed 17 structures, equipment or material shall be readily accessible for fire, ambulance, and 18 police, and other emergency response protection; 19 1.2 Harmony of location, size and character. That the proposed use shall be of such 20 location, size and character that, in general, it will be in harmony with the appropriate and 21 orderly development of the zone in which it is proposed to be situated and will not be 22 detrimental to the orderly development of adjacent properties in accordance with the 23 zoning classification of such properties; 24 1.3 Residential zones. That, in addition to the above, in the case of any use located in, or 25 indirectly adjacent to, a residential zone: 26 a. The location and size of such use, the nature and intensity of operations 27 involved in or conducted in connection therewith, its site layout and its relation to 28 access streets shall be such that both pedestrian and vehicular traffic to and from 29 the use and the assembly of persons in connection therewith will not be hazardous 30 or inconvenient to, or incongruous with, the said residential district or conflict 31 with the normal traffic of the neighborhood; and 32 b. The location and height of buildings, the location, nature and height of walls 33 and fences, and the nature and extent of landscaping, and other improvements on 34 the site shall be such that the use will not hinder or discourage the appropriate 35 development and use of adjacent land and buildings. 36 1.4 Conditional use pPermits. Draft Amendments to Article 10 April 1, 2011 Page 1 of 41

37 a. Conditional use approval. Any use for which a conditional use permit may be 38 granted shall be deemed to be a conforming use in the district in which such 39 use is located, provided that: 40 1. The provision in this ordinance under which such permit was issued 41 is still in effect; 42 2. Such permit was issued in conformity with the provisions of this 43 ordinance; and 44 3. Such permit shall be deemed to affect only the lot or portion thereof 45 for which such permit shall have been granted. 46 b. Periodic renewal of conditional use permit. The commission may require that 47 conditional use permits be periodically renewed. Such renewal shall be granted 48 following due public notice and hearing in accordance with subsection 1.53. , 49 and may be withheld only The commission may withhold approval of the 50 renewal upon a determination by the city planner to the effect that such 51 conditions as may have been prescribed by the commission in conjunction with 52 the issuance of the original permit have not been, or are being no longer, complied 53 with. In such cases, a period of 60 days shall be granted the applicant for full 54 compliance prior to the revocation of the said permit. 55 Any use for which a conditional use permit may be granted shall be deemed 56 to be a conforming use in the district in which such use is located, provided 57 that: 58 a. The provision in this ordinance under which such permit was 59 issued is still in effect; 60 b. Such permit was issued in conformity with the provisions of this 61 ordinance; and 62 c. Such permit shall be deemed to affect only the lot or portion thereof 63 for which such permit shall have been granted. 64 c. Revocation of conditional use permit. If the city planner determines that the 65 conditions prescribed by the commission in conjunction with the issuance of the 66 conditional use permit have not been, or are no longer complied with, he shall 67 initiate the process for revocation of the permit according to the following 68 procedure: 69 1. The city planner shall notify the permit-holder in writing of the 70 noncompliance with the permit conditions and allow the permit-holder 71 30 days to comply with the permit conditions. 72 2. If, after 30 days, the city planner determines that the permit-holder 73 has not come into compliance with permit conditions, he shall notify the Draft Amendments to Article 10 April 1, 2011 Page 2 of 41

74 permit-holder that the planning commission will hold a public hearing 75 on revocation of the conditional use permit. 76 3. The planning commission shall hold a public hearing for which 77 notice shall be completed by the planning office in accordance with the 78 provisions of section 1.53 of this article. 79 3. Following the public hearing, the planning commission shall take 80 action in the following regard: 81 a. Revoke the conditional use permit. 82 b. Issue a probationary period after which the commission shall 83 review the permit in accordance with the provisions regarding 84 periodic renewal of conditional use permit. 85 c. Determine that the conditional use may continue as initially 86 authorized. 87 1.5 Application procedure. 88 1.51 Preapplication Meeting. Prior to the submission of a conditional use application, 89 the applicant or his representative shall meet in person with the city planner or his 90 designee with a sketch plan. The purpose of this meeting shall be to discuss proposed 91 uses or developments and to review the process and submission requirements. 92 1.52 1.51 Application. Application for a conditional use permit shall be submitted in 93 triplicate to the city planner, on forms approved by the planning commission, at least 30 94 days prior to the planning commission meeting at which approval of the permit is to be 95 requested. 96 1.52 Each application for a conditional use permit shall be accompanied by a fee as 97 provided for in Appendix F--Fees and Fines. 98 1.53 Public hearing. Prior to the review and action on the conditional use permit 99 application, the commission shall hold a public hearing subject to the following public 100 notification procedures: to be advertised by the applicant 101 (a) The applicant shall advertise the public hearing in a newspaper of general 102 circulation at least 15 ten days prior thereto. 103 (b) The applicant shall notify by mail all property owners within 300 200 feet of 104 the extreme limits of the subject site plan property as their names appear on the 105 municipal tax record at least 15 ten days prior thereto. 106 (c) The applicant shall post a notice outlining the date, time, place, and nature 107 of the hearing in a conspicuous location on the property at least 15 days prior to 108 the planning commission hearing. Such notice shall be designed in accordance 109 with standards set forth by the planning commission. Draft Amendments to Article 10 April 1, 2011 Page 3 of 41

110 (d) The applicant shall provide the planning office commission with a copy of 111 the notice, verification of newspaper publication, a date-stamped photo of the 112 property posting, and post office mail return receipts indicating the date of 113 mailing for all letters on or before the meeting date. 114 (e) Said notices shall state the date, time and place of the hearing, the site 115 location, a brief description of the conditional use site plan and shall state that a 116 copy of the conditional use application and plan is filed with the planning office 117 department for public review. 118 1.54 City planner report. For each application for a conditional use permit, the city 119 planner shall issue a report to the planning commission including comments from 120 other agencies and detailing how the application conforms to the requirements of the 121 zoning ordinance and other provisions of city and state codes. The city planner shall 122 certify on each application for a conditional use permit whether or not the 123 application meets the requirements of all zoning ordinance provisions other than 124 those of this section regarding conditional use permit approval. 125 1.55 a. The city planner shall transmit retain one copy and transmit two copies 126 of the report and summary of the application certified conditional use permit 127 application to the planning commission or its representative at least seven days 128 prior to the date of the meeting at which approval of the permit is to be requested. 129 1.56 1.55 Planning commission action. The planning commission shall act to approve 130 or disapprove any such request for a conditional use permit within 45 days after the 131 meeting at which approval is requested or within such additional time as may be 132 consented to by the applicant. Failure to act within 45 days or the additional time 133 consented shall be deemed approval. Planning commission disapproval shall include 134 written findings upon any element found contrary to the provisions or intent of this the 135 zoning code ordinance. 136 1.56 Notice of decision. The planning office shall send the applicant a letter notifying 137 the applicant of the planning commission’s decision on the conditional use permit 138 application. Such letter shall document any conditions and waivers approved as part of 139 the application approval. Whenever the planning commission denies an application 140 for conditional use, such application for conditional use, or an application on the same 141 property which is substantially similar, shall not be accepted for consideration by the 142 planning commission sooner than one year from the date of denial. 143 1.57 1.57 Amendments. Substantial Aamendments to or renewals of conditional use 144 permits shall be acted upon in the same manner as the original request for a conditional 145 use permit. The city planner shall review proposed amendments to determine if they 146 are substantial in nature. Amendments that are not deemed substantial may be Draft Amendments to Article 10 April 1, 2011 Page 4 of 41

147 referred to the planning commission for consideration at the discretion of the city 148 planner. 149 1.58 1.58 Transfer of property. If the property is sold by the applicant or by any 150 affiliated member of a single corporate family of which the applicant or its parent 151 company is a member, after approval of the conditional use but before the proposed use 152 or construction of the proposed use is started, or if, within 24 months one year of the 153 approval, the proposed use or construction of the proposed use is not undertaken by or for 154 the applicant or any affiliated member of a single corporate family of which the applicant 155 or its parent company is a member, the conditional use approval shall be null and void, 156 unless an extension of time is granted by the planning commission. 157 1.59 Whenever the planning commission denies an application for conditional use, 158 such application for conditional use, or an application on the same property which 159 is substantially similar, shall not be accepted for reconsideration by the planning 160 commission sooner than one year from the date of denial. 161 1.59 Final plans and working drawings. Following approval by the planning 162 commission, the applicant shall develop final conditional use permit plans for approval 163 by the planning office. The planning office shall determine that all necessary 164 approvals have been issued by city departments, and outside regulatory agencies, prior 165 to issuing final plan approval. No building permit shall be issued until such time that 166 the planning office has issued final conditional use permit plan approval. 167 1.60 Expiration of planning commission approval. 168 (a) Conditional use approval shall expire on the last day of the 24th 12th month 169 after the date of final or conditional approval of the planning commission, if 170 construction of the work authorized or use permitted has not started or unless an 171 extension of time is applied for by the applicant and granted by the planning 172 commission. Approval shall also expire if the construction of work authorized has 173 stopped for a period of one year, unless an extension of time is applied for and 174 granted by the planning commission. 175 (b) Requests Application for extension of approval shall be made no later than 30 176 days prior to the final approval expiration date. Upon receipt of such requests 177 application, the matter shall be considered at the next regularly scheduled 178 meeting of the planning commission. 179 (c) In considering a request for an extension of approval, the planning 180 commission shall consider, but not be limited to, the following: 181 1. Whether the project has been delayed for reasons beyond the control of 182 the applicant, excluding economic or financial reasons. Draft Amendments to Article 10 April 1, 2011 Page 5 of 41

183 2. Whether the applicant has made substantial progress toward 184 obtaining final approvals. 185 2. Whether the project is of a minor size and scale. 186 3. Whether there has been any significant changes in the surrounding 187 neighborhood. 188 4. Whether there has been any related amendments to the zoning map or 189 text, or the comprehensive plan, or if any waivers or variances have been 190 granted. 191 (d) Requests Applications for extensions shall be submitted in writing to the 192 planning office city by completing an application for extension approval 193 form, which may be obtained in city hall. 194 (e) Under no circumstances shall the planning commission grant extensions 195 beyond 36 24 months from the date of first approval. 196 1.6 Submission requirements for conditional use permits requiring site development 197 plan approval by the planning commission. The following submission requirements 198 shall accompany applications for conditional use permits where site development plan 199 approval by the planning commission is required by section 2.1 of Article 10. The 200 applicant shall cause a site map to be prepared by a civil engineer, surveyor, land planner, 201 or architect or other competent person. The applicant shall submit 15 copies of the site 202 map to the city planner building inspector, who shall retain one copy and transmit 203 nine copies to the planning commission or its representative at least seven days prior to 204 the meeting at which approval of the permit is to be requested. Elements to be included 205 on the site map are listed below: 206 1.61 Scale and dimensions. The map shall be at least 11 18 inches by 17 26 inches, but 207 not more than 24 inches by 36 inches and at a scale of ten, 20, 30 or 40 feet to the inch, 208 except that if the property has a maximum dimension over 900 feet, a scale of 50 feet to 209 the inch may be used. 210 1.62 Legal data: 211 (a) Tax parcel identification number. Lot, block, and section number of the 212 property. 213 (b) Name and address of the owner of record. 214 (c) Name and address of the equitable owner, if any. 215 (d) Name and address of the person, firm or organization preparing the map. 216 (e) Date, north point and written and graphic scale. Draft Amendments to Article 10 April 1, 2011 Page 6 of 41

217 (f) Sufficient description of information to define precisely the boundaries of the 218 property and that portion of the property for which a conditional use permit is 219 requested, and the approximate total acreage of that portion of the property for 220 which a conditional use permit is requested. All distances shall be given in feet 221 and tenths of a foot. All angles shall be given to the nearest ten seconds or closer. 222 The error of closure shall not exceed one in 10,000. 223 (g) The locations, names and existing widths of adjacent street rights-of-way and 224 curblines. 225 (h) The locations and owners of record of all adjoining lands. 226 (i) Location, width and purpose of all existing and proposed easements, setbacks, 227 reservations and areas dedicated to public use within or adjoining the property. 228 (j) A complete outline of existing or proposed deed restrictions or covenants 229 applying to the property and recital of the deed references if they are of record. 230 (k) Existing zoning, including two location maps, one at a scale of 1,200 feet to 231 the inch, and one at a scale of 400 feet to the inch, showing the distance along all 232 adjacent roads to the nearest intersection. 233 1.63 Existing structures. 234 (a) Location of uses and outlines of structures, drawn to scale on or within 100 235 feet of the property. 236 (b) Paved areas, sidewalks and vehicular access between the site and public 237 streets. 238 (c) Other existing development, including fences and landscape screening. 239 1.64 Proposed use: 240 (a) A written description of the proposed use. 241 (b) (a) A designation of that portion of the existing structures to be devoted to the 242 proposed use and for which a conditional use permit has been requested. 243 (c) (b) A designation of that portion of the property to be devoted to the proposed 244 use, not requiring structures and for which a conditional use permit has been 245 requested. 246 (d) (c) A designation of the parking area and indication of the number of off-street 247 parking spaces. 248 (e) (d) Indication of on-site circulation pattern and access to the property from 249 adjacent roads. 250 1.65 Proposed development: Draft Amendments to Article 10 April 1, 2011 Page 7 of 41

251 (a) Conditional use applications involving construction of new buildings and 252 structures shall include a site plan which reflects compliance with the minimum 253 requirements of article 10, section 2.54 of this ordinance. 254 1.66 Natural features: 255 (a) Topography of the site. 256 (b) Location of different soil types, as indicated by the Soil Survey of Kent 257 County prepared by the Natural Resources Conservation Service. The soils 258 information shall be supplemented by soil boring and percolation test data 259 requested by the city. 260 (c) Location of flood hazard areas as identified on the FEMA flood insurance 261 maps. 262 (d) Location of significant natural features, including, bodies of water, wetlands 263 and forest areas. 264 1.67 Requested information: Full and complete information requested by the city planner 265 in accordance with the development information requirements set forth in article 10, 266 section 4. 267 1.68 Miscellaneous information: Other information deemed by the planning commission 268 to be necessary to determine conformity with the intent of this ordinance. 269 1.7 Submission requirements for conditional use permits where site development plan 270 approval by the planning commission is not required. The following submission 271 requirements shall accompany applications for conditional use permits where site development 272 plan approval by the planning commission is not required by section 2.1 of this article, where 273 the applicant is seeking conditional use approval to occupy an existing structure. The 274 applicant shall submit copies of the site map conforming to the specifications listed below to 275 the city planner, who shall transmit copies to the planning commission at least seven days 276 prior to the meeting at which approval of the permit is to be requested. Elements to be included 277 on the site map are listed below: 278 279 1.71 Scale and Dimensions. The map shall be at least 8.5 inches by 11 inches and at a 280 scale of ten, 20, 30 or 40 feet to the inch, except that, if the property has a maximum 281 dimension over 900 feet, a scale of 50 feet to the inch may be used. 282 1.72 Existing Conditions. The existing building and conditions on the lot must be 283 depicted. It is permissible to utilize the most recent mortgage survey of the property for 284 this purpose. If conditions, such as buildings and building additions, paved areas, 285 landscaping and accessory structures, on the lot have changed since the survey was 286 completed, the applicant shall depict these changes on the plan to the best of his ability. Draft Amendments to Article 10 April 1, 2011 Page 8 of 41

287 However, the nature and extent of such revisions must be approved by the city planner 288 at the required preapplication meeting. 289 1.73 Proposed use: 290 (a) A written description of the proposed use. 291 (b) A designation of that portion of the existing structures to be devoted to the 292 proposed use and for which a conditional use permit has been requested. 293 (c) A designation of that portion of the property to be devoted to the proposed 294 use, not requiring structures and for which a conditional use permit has been 295 requested. 296 (d) A designation of the parking area and indication of the number of off-street 297 parking spaces. 298 (e) Indication of on-site circulation pattern and access to the property from 299 adjacent roads. 300 1.74 Additional Information. The city planner and/or planning commission may 301 request more detailed information, including but not limited to architectural floor 302 plans, on a case-by-case basis at their discretion. 303 1.75 Legal data: 304 (a) Tax parcel identification number. 305 (b) Name and address of the owner of record. 306 (c) Name and address of the equitable owner, if any. 307 (d) Name and address of the person, firm, or organization preparing the map. 308 (e) Date, north point, and written and graphical scale. 309 (f) The location and names of adjacent streets. 310 (g) The location, zoning, and owners of record of all adjacent properties. 311 Section 2. Site development plan approval. 312 2.1 Required. Site development plan approval shall be required for the erection or 313 enlargement of all structures and the establishment of any use for which site development 314 plan approval is required by this ordinance. Site development plan shall be required 315 according to the following criteria: 316 2.11 Planning commission site plan review. Site development plans shall be 317 referred to the planning commission for consideration and review include any 318 of the following: 319 (a) Site plans for new structures and building additions of 3,000 square 320 feet or greater in floor area; or 321 (b) Site plans with a total of 5,000 square feet or greater of new or added 322 impervious surface, including new structures or building additions; or Draft Amendments to Article 10 April 1, 2011 Page 9 of 41

323 (c) Nonresidential site plans with site disturbance greater than 1,500 324 square feet and adjacent to residential uses or residential zones. 325 2.12 Site development master plan. Site development master plans shall be 326 subject to review and approval by the planning commission in accordance with 327 Article 10, Section 2.44. 328 2.13 Zoning review. For site development plans involving construction of a 329 single family detached, single family attached, or single family semi-detached 330 dwelling; an accessory structure; or a non-residential change of use for which 331 no building addition or increase in impervious cover is proposed, the city 332 planner or his designee may approve the site development plan in conjunction 333 with building permit review. 334 2.14 Administrative site plan. All site development plans that do not meet the 335 thresholds for zoning review in accordance with section 2.13 or planning 336 commission site plan review in accordance with section 2.11 shall be reviewed 337 as administrative site development plans. 338 2.2 Objectives. In considering and acting upon site development plans, the public health, 339 safety and welfare, the comfort and convenience of the public in general and of the 340 residents of the immediate neighborhood in particular shall be taken into consideration 341 and appropriate conditions and safeguards may be prescribed as may be required that the 342 results of approval its action may, to the maximum extent possible, further the expressed 343 intent of this ordinance and the accomplishment of the following objectives in particular: 344 2.21 Maximum safety and convenience of vehicular, transit, bicycle, and 345 pedestrian traffic by ensuring that all proposed and impacted streets, driveways 346 and walkways are adequate, but not excessive in number, adequate in width, 347 grade, alignment, capacity, and visibility, and suitably located, particularly with 348 respect to their connections with public streets. 349 2.22 The provision of adequate access to all proposed structures, equipment, or 350 material on the site for fire, ambulance, and police, and other emergency 351 services protection. 352 2.23 The provision of adequate off-street parking to accommodate the vehicles of 353 persons connected with or visiting the use and to obviate the parking of such 354 vehicles in public streets. 355 2.24 A site layout (including the location, power, direction, and time of any 356 outdoor lighting of the site) which would have no adverse effect upon adjacent 357 properties. 358 2.25 Landscaping of the site in a manner which is in character with that generally 359 prevailing in the neighborhood and which provides reasonable screening, at all Draft Amendments to Article 10 April 1, 2011 Page 10 of 41

360 seasons of the year, of all playgrounds, parking areas, and service areas from the 361 view of adjacent residential properties and streets. 362 2.26 In applicable cases, a drainage system and layout which would afford the 363 best solution to any drainage problems. 364 2.27 Ensure that large scale development projects involving extended construction 365 periods are planned and implemented in accordance with an approved site 366 development master plan. 367 2.28 Consideration shall be given to the physical orientation and architectural 368 characteristics of proposed buildings, the relationship of proposed buildings to 369 existing buildings and to other proposed buildings, and their contributions to the 370 overall image of the immediate vicinity by considering the building and 371 architectural design guidelines as set forth in article 5, section 19. Design 372 characteristics of proposed buildings and building additions shall not detract or 373 devalue existing buildings in the immediate vicinity. 374 (a) If the planning commission determines that the proposed physical 375 orientation and architectural characteristics of the proposed buildings do 376 not meet the intent and objectives of this section, then the planning 377 commission shall refer the proposal to the architectural review oversight 378 subcommittee for review and comment. 379 (b) The subcommittee shall meet and review the proposal with the 380 applicant, and return its comments to the planning commission by the next 381 regularly scheduled meeting. 382 (c) The architectural review oversight subcommittee shall be appointed by 383 the commission at its annual meeting, and membership shall consist of two 384 planning commission members, and two design professionals with 385 experience in construction, and the mayor or the mayor's designee. Two 386 alternate design professionals with experience in construction shall also be 387 appointed. 388 2.3 Effect of site development plan approval. No building permit will be issued for any 389 structure covered by this section until an approved site development plan or approved 390 amendment of any such plan has been secured by the applicant. No certificate of 391 occupancy will be issued for any structure or use of land covered by this section unless 392 the structure is completed or the land is developed or used in accordance with an 393 approved site development plan or approved amendment of any such plan. 394 2.4 Application Procedure. 395 2.41 Preapplication Meeting Presubmission conference. Prior to the submission of a 396 site development plan, the applicant or his representative shall meet in person with the Draft Amendments to Article 10 April 1, 2011 Page 11 of 41

397 planning office and the city planner or his designee with a sketch plan. The purpose of 398 this meeting conference shall be to discuss proposed uses or developments in order to 399 determine, first, whether the site development plan application shall be submitted to the 400 city planner for consideration and review as an administrative site plan or shall be 401 referred to the planning commission. Site development plans that shall be referred to 402 the planning commission for consideration and review include any of the following: 403 (a) Site plans for new structures and building additions of 3,000 square feet 404 or greater in floor area; or 405 (b) Site plans with a total of 5,000 square feet or greater of new or added 406 impervious surface, including new structures, or building additions; or 407 (c) Nonresidential site plans with site disturbance greater than 1,000 500 408 square feet and adjacent to residential properties. 409 If the application is to be referred to the planning commission, the applicant shall 410 be informed at the preapplication meeting presubmission conference meeting 411 which elements listed in subsection 2.5 below will be useful required in 412 determination of conformity with the provisions and intent of this section, along 413 with any other comments and suggestions intended to bring about conformity 414 with the provisions and intent of this section. 415 2.42Decision. Administrative site plan review 416 2.421 Process for administrative site plan application. If, as a result of the 417 preapplication meeting presubmission conference as described in subsection 418 2.41 of this ordinance, it is determined that the proposed uses or development is 419 of a type that may be approved by the city planner building inspector, the 420 applicant shall submit the application for site development plan approval, in 421 triplicate, on forms approved for that purpose, to the city planner building 422 inspector with the required documentation under the provisions of subsection 2.5 423 of this article, and a fee as provided for in Appendix F—Fees and Fines. The 424 city planner building inspector shall coordinate the reviews of the various 425 administrative departments of the City of Dover and outside regulatory agencies 426 and approve or disapprove the application within thirty (30) ten days of the date 427 of submission or refer it to the planning commission at their next scheduled 428 meeting. 429 2.43Disapproval. In the event that the building inspector disapproves an 430 application for site development plan approval, his disapproval shall include 431 written findings upon any site development plan element found contrary to 432 the provisions or intent of this ordinance. If an applicant feels aggrieved by 433 the disapproval of an application for site development plan approval by the 434 building inspector, the applicant may request a review and consideration by Draft Amendments to Article 10 April 1, 2011 Page 12 of 41

435 the planning commission at the next regularly scheduled business meeting 436 and the building inspector shall forward the application, all pertinent 437 material submitted by the applicant and a copy of his written findings and 438 reasons for denial of the application to the planning commission or its 439 authorized representative. 440 2.422 Final plans and working drawings. Following initial review and comment 441 by the city planner, the applicant shall develop final construction plans for 442 approval by the planning office. The planning office shall determine that all 443 necessary approvals have been issued by city departments and outside 444 regulatory agencies prior to issuing final plan approval. No building permit 445 shall be issued until such time that the planning office has issued final site plan 446 approval. 447 2.423 Expiration. Administrative site development plan approval shall expire on 448 the last day of the 24th month after the date of final approval by the planning 449 office if construction of the work authorized or use permitted has not started or 450 unless an extension of time is applied for by the applicant and granted by the 451 city planner. Approval shall also expire if the construction of work authorized 452 has stopped for a period of one year unless an extension of time is applied for 453 and granted by the city planner. 454 2.424 Circumventing zoning requirements. Administrative site plans shall not 455 be used to circumvent the requirement of planning commission site plan review. 456 If the city planner determines that cumulative administrative site plans on a 457 property are being used to circumvent the requirements of the zoning ordinance 458 or other provisions of the Dover Code of Ordinances, he shall refer the 459 application to the planning commission, subject to the requirements of section 460 2.43. 461 2.44Submission to planning commission. At each regularly scheduled business 462 meeting of the planning commission, the building inspector shall submit to the 463 planning commission a list of all applications for site development plan approval 464 and a copy of the site development plans that he has approved since the last 465 regularly scheduled business meeting of the planning commission. 466 2.43 Planning commission site plan review. 467 2.431 Site development plan. If, as a result of the preapplication meeting as 468 described in subsection 2.41, it is determined that the proposed uses or 469 development is of a type that would be reviewed by the planning commission 470 and approval or disapproval of the application given by that body, the 471 application for site development plan approval shall be submitted to the city 472 planner on forms approved by the planning commission, at least 30 days prior Draft Amendments to Article 10 April 1, 2011 Page 13 of 41

473 to the planning commission meeting at which approval is to be requested. The 474 application for site development plan approval shall be accompanied by a fee as 475 provided for in Appendix F--Fees and Fines. 476 2.432 Land subdivision. 2.441 If a proposed use or development requires 477 planning commission review under the land subdivision regulations of the City of 478 Dover as set forth in appendix A, the application for conditional approval of the 479 preliminary layout, under article IV, section B of that ordinance appendix A, and 480 the application for site development plan approval under this ordinance shall be 481 submitted and reviewed concurrently. The application for site development plan 482 approval shall be revised and all changed elements resubmitted and reviewed 483 concurrently with the application for plan approval under article IV, section C of 484 the land subdivision regulations set forth in appendix A. 485 2.45Fees. If, as a result of the presubmission conference as described in subsection 486 2.41, it is determined that the proposed uses or development is of a type that would 487 be reviewed by the planning commission and approval or disapproval of the 488 application given by that body, the application for site development plan approval 489 shall be submitted, in triplicate, to the building inspector, on forms approved by the 490 planning commission, at least 30 days prior to the planning commission meeting at 491 which approval is to be requested. The application for site development plan 492 approval shall be accompanied by a fee as provided for in Appendix F--Fees and 493 Fines. Applications for administrative site plans shall be accompanied by a fee as 494 provided for in Appendix F--Fees and Fines. 495 2.433 2.47 Public hearing. Prior to the review and action on the site plan 496 application, the commission shall hold a public hearing subject to the following 497 public notification procedures: 498 (a) The applicant shall advertise the public hearing to be advertised by 499 the applicant in a newspaper of general circulation at least 15 ten days 500 prior thereto. 501 (b) The applicant shall notify, by mail, all property owners within 300 200 502 feet of the extreme limits of the site plan property as their names appear on 503 the municipal tax record at least 15 ten days prior thereto. 504 (c) The applicant shall post a notice outlining the date, time, place, and 505 nature of the hearing in a conspicuous location on the property. Such 506 notice shall be designed in accordance with standards set forth by the 507 planning commission. 508 (d)The applicant shall provide the planning office commission with a 509 copy of the notice, verification of newspaper publication, a date-stamped Draft Amendments to Article 10 April 1, 2011 Page 14 of 41

510 photo of the property posting, and post office mail return receipts 511 including the date of mailing for all letters on or before the meeting date. 512 (e) Said notices shall state the date, time and place of the hearing, the site 513 location, a brief description of the site plan and shall state that a copy of 514 the site plan application and plan is filed with the planning office 515 department for public review. 516 2.434 2.46 City planner report Building inspector certification. For each site 517 plan application to the planning commission the city planner shall issue a 518 report to the planning commission including comments from other agencies 519 detailing how the application conforms to the requirements of the zoning 520 ordinance and other provision of city and state codes. The city planner shall 521 transmit copies of the proposed site development plan and the city planner’s 522 report The building inspector shall certify on each application for site 523 development plan approval whether or not the application meets the 524 requirements of all zoning ordinance provisions. The building inspector shall 525 retain one copy and transmit two copies of the certified application for site 526 development plan approval to the planning commission or its authorized 527 representative at least seven days prior to the date of the meeting at which 528 approval of the site development plan is to be requested. 529 2.435 2.48 Planning commission action. The planning commission shall act to 530 approve or disapprove any application for site development plan received by it 531 either as an original review or as a referral from the city planner an appeal 532 under the provisions of subsection 2.422 2.43 of this article within 45 days or 533 within such additional time as may be consented to by the applicant. Failure to 534 act within 45 days or the additional time consented shall be deemed 535 approval. Planning commission disapproval shall include written findings upon 536 any site development plan element found contrary to the provisions or intent of 537 this the zoning ordinance. 538 2.436 Notice of decision. The planning office shall send the applicant a letter 539 notifying the applicant of the planning commission’s action regarding the site 540 plan application. Such letter shall document any conditions and waivers 541 approved or recommended as part of the application approval. 542 2.437 2.49 Final plans and working drawings. Following approval by the 543 planning commission, the applicant shall develop final site plans for approval 544 by the planning office. The planning office shall determine that all necessary 545 approvals have been issued by city departments and outside agencies regulating 546 street access and stormwater management, prior to issuing final plan approval. 547 No building permit shall be issued until such time that the planning office has 548 issued final site plan approval Final plans and working drawings shall not be Draft Amendments to Article 10 April 1, 2011 Page 15 of 41

549 prepared for submission to the city planner for building permit approval 550 until after approval of the application for site development plan approval has 551 been obtained. 552 2.438 2.49.1 Amendments. Substantial aAmendments to an approved site 553 development plan shall be acted upon in the same manner as the original plan. 554 The city planner shall review proposed amendments to determine if they are 555 substantial in nature. Amendments that are not deemed substantial may be 556 referred to the planning commission for consideration at the discretion of the 557 city planner. 558 2.439 2.491 Expiration of planning commission approval. 559 (a) Site development plan approval shall expire on the last day of the 24th 560 12th month after the date of final or conditional approval of the planning 561 commission if construction of the work authorized or use permitted has 562 not started or unless an extension of time is applied for by the applicant 563 and granted by the planning commission. Approval shall also expire if the 564 construction of work authorized has stopped for a period of one year 565 unless an extension of time is applied for and granted by the planning 566 commission. 567 (b) For projects which are reviewed and approved by the planning 568 commission as site development master plans, approval of the master 569 plan shall remain valid for a period not to exceed five years from the 570 date of planning commission approval, provided that the authorized 571 construction or use has commenced within one year of approval and is 572 proceeding toward completion, unless an extension of time is applied 573 for by the applicant and granted by the planning commission. In 574 addition, the time between the completion of one phase and the 575 initiation of the next phase shall not exceed a period of two years. 576 Upon approval of a site development master plan by the planning 577 commission, the city planner or authorized designee shall have 578 approval authority over final plans governing each phase of 579 construction as depicted on the master plan. 580 (c) Request Application for extension of approval shall be made no later 581 than 30 days prior to the final approval expiration date. Upon receipt of 582 such request application, the matter shall be considered at the next 583 regularly scheduled meeting of the planning commission. 584 (d) In considering a request for an extension of approval, the planning 585 commission shall consider, but not be limited to, the following: Draft Amendments to Article 10 April 1, 2011 Page 16 of 41

586 1. Whether the project has been delayed for reasons beyond the 587 control of the applicant, excluding economic or financial reasons. 588 2. Whether the project is of a minor size and scale. 589 2. Whether the applicant has made substantial progress toward 590 obtaining final approvals. 591 3. Whether there has been any significant changes in the 592 surrounding neighborhood. 593 4. Whether there has been any related amendments to the zoning 594 map or text, or the comprehensive plan, or if any waivers or 595 variances have been granted. 596 (e) Requests Applications for extensions shall be submitted in 597 writing to the planning office city by completing an application 598 for extension of approval form which may be obtained in city 599 hall. 600 (f) Under no circumstances shall the planning commission grant 601 extensions beyond 36 24 months from the date of first approval. 602 2.44 Site development master plans. Conceptual site development master plans 603 shall be reviewed by the planning commission in accordance with the provisions 604 of section 2.43. Conceptual site development master plans shall depict a site 605 development proposal that reflects general compliance with the provisions of 606 the zoning ordinance and shall also reflect the following information on the 607 plan: 608 2.441 Conceptual Master Plan. Conceptual Master Plan shall include 609 the proposed general layout of building, streets, parking, open space, 610 landscape concepts, and stormwater management areas. 611 (a) Detailed site construction plans, details, and specifications 612 are not required as part of a site development master plan 613 submission. 614 (b) The plan shall illustrate distinct phase boundaries for each 615 proposed construction phase and shall depict proposed 616 construction and site improvements planned for each phase. 617 Bulk quantities and area totals for each construction phase, and 618 for the total site, shall be tabulated in a data column on the plan. Draft Amendments to Article 10 April 1, 2011 Page 17 of 41

619 (c) Each construction phase shall be enumerated in sequential 620 order on the site development master plan according to the order 621 of construction contemplated by the plan. Phases shall be 622 implemented in accordance with the approved site development 623 master plan unless the city planner approves an alternate 624 phasing. 625 (d) Each construction phase represented on the master plan shall 626 be planned and designed to function independent of construction 627 and site improvements contemplated in future construction 628 phases in all respects, including but not limited to bulk area 629 provisions of the zoning district in which the site is located, off- 630 street parking requirements, site entrances, emergency access 631 requirements, site utilities, and stormwater management 632 improvements except where the requirements and needs of a later 633 phase are met and remain met by a previous phase of completed 634 construction. 635 (e) Any special agreements or conditions of approval relative to 636 the overall development that have been specified by regulatory 637 agencies shall be documented on the site development master 638 plan. 639 2.442 Phased site plan approval. Individual phased components of the 640 Conceptual Master Plan are to be reviewed and approved as an 641 Administrative Site Plan. Final site construction plans, including 642 detailed site grading, paving, utilities, stormwater management, and tree 643 planting and preservation plans shall be submitted for final approval by 644 the city planner and/or authorized designee, and to other agencies 645 having jurisdiction, on a phase by phase basis in accordance with the 646 approved site development master plan, and all regulations of the City of 647 Dover governing the approval of site plans as set forth in this article 10, 648 section 2.4 of this ordinance. 649 2.443 Amendments. Substantial aAmendments to an approved site 650 development plan shall be acted upon in the same manner as the 651 original plan. The city planner shall review proposed amendments to 652 determine if they are substantial in nature. Amendments that are not 653 deemed substantial may be referred to the planning commission for 654 consideration at the discretion of the city planner. Draft Amendments to Article 10 April 1, 2011 Page 18 of 41

655 2.444 Expiration of planning commission approval. For projects which 656 are reviewed and approved by the planning commission as Conceptual 657 Master Plans, approval of the conceptual master plan shall remain valid 658 for a period not to exceed five years from the date of planning 659 commission approval, provided that the authorized construction or use 660 has commenced within two years of approval and is proceeding toward 661 completion. In addition, the time between the completion of one phase 662 and the initiation of the next phase shall not exceed a period of two 663 years. 664 2.5 Site development plan elements submission requirements accompanying applications 665 for site development plan approval. The applicant shall cause a site development plan 666 map to be prepared by a civil engineer, surveyor, land planner, or architect or other 667 competent person. The applicant shall submit 15 copies of the site development plan 668 map to the city planner building inspector prior to or at the time of filing the formal 669 application for site development plan approval under the provisions of subsection 2.42, 670 subsection 2.43, or subsection 2.45 2.44 of this article. If the application is under the 671 provisions of subsection 2.45 2.43 or 2.44 of this article, the city planner shall retain one 672 copy and transmit nine copies of the site development plan map to the planning 673 commission or its authorized representative at least seven days prior to the meeting at 674 which approval of the application for site development plan approval is to be requested. 675 Site development plan elements shall include those listed below which are appropriate to 676 the proposed development or use as indicated in the preapplication meeting 677 presubmission conference required by the provisions of subsection 2.41 of this 678 ordinance. 679 2.51 Scale dimensions: Twenty Ten, 20, 30 or 40 feet to the inch, except that if the 680 property has a maximum dimension over 900 feet, a scale of 50 feet to the inch may be 681 used. 682 2.52 Legal data: 683 (a) Tax parcel identification number Lot, block, and section number of the 684 property. 685 (b) Name and address of the owner of record. 686 (c) Name and address of the equitable owner, if any. 687 (d) Name and address of the person, firm or organization preparing the map. 688 (e) Date, north point and written and graphic scale. 689 (f) Sufficient description of information to define precisely the boundaries of the 690 site, and total acreage of the site. All distances shall be given in feet and tenths of Draft Amendments to Article 10 April 1, 2011 Page 19 of 41

691 a foot. All angles shall be given to the nearest ten seconds or closer. The error of 692 closure shall not exceed one in 10,000. 693 (g) The locations, names and existing widths of adjacent street rights-of-way and 694 curblines. 695 (h) The locations and owners of record of all adjoining lands. 696 (i) Locations, widths and purposes of all existing and proposed easements, 697 setbacks, reservations and areas dedicated to public use within or adjoining the 698 property. 699 (j) A complete outline of existing or proposed deed restrictions or covenants 700 applying to the property and recital of the deed references if they are of record. 701 (k) Existing zoning on the site and adjacent properties. 702 (l) Two location maps, one at a scale of 1,200 feet to the inch, and one at a scale 703 of 400 feet to the inch, showing the distance along all adjacent roads to the nearest 704 intersections. 705 (m) Record of any agreements between the applicant and the city regarding the 706 proposed development. 707 2.53 Natural features: 708 (a) Contour lines at vertical intervals of two feet for land with an average existing 709 slope of four percent or less, and at intervals of five feet for land with an average 710 existing slope greater than four percent. 711 (b) Location of different soil types, as indicated by the soil survey of Kent 712 County, prepared by the Natural Resources Conservation Service, and including 713 locations of flood hazard areas as identified in the FEMA Flood Insurance 714 Maps. The soils information shall be supplemented by soil boring and percolation 715 test data, if requested by the city. 716 (c) Location of significant natural features, including bodies of water, wetlands, 717 and forest areas. 718 2.54 Proposed development: 719 (a) Existing buildings and other structures. 720 (b) Location and width of all proposed streets and rights-of-way. Speed bumps or 721 speed dips for the purpose of slowing down traffic on any street shall not be 722 permitted. 723 (c) Location of all proposed structures, except one-family detached dwellings, and 724 an indication of the total number of dwelling units. 725 (d) Location and dimensions of all lot lines. Draft Amendments to Article 10 April 1, 2011 Page 20 of 41

726 (e) Building setback lines on all lots. 727 (f) Location of all uses not requiring structures, including parks, playgrounds and 728 other open space areas. 729 (g) Location and plans for any outdoor signs. 730 (h) Location, direction, power and time of use for any proposed outdoor lighting. 731 (i) The location, size and arrangement of proposed sidewalks, driveways, loading 732 areas, off-street parking areas and other paved areas. 733 (j) Indication of the total amount of impervious surfaces and the development 734 coverage. 735 (k) Any proposed changes in elevation of the site and elevations of all streets, 736 parking areas, and building foundations. The datum to which all elevations, 737 including existing contour elevations, refer shall be clearly indicated on the plan. 738 (l) Plans for surface drainage of the site, if requested by the city. Such plans 739 shall include stormwater run-off calculations and shall show the proposed method 740 of accommodating the anticipated run-off. 741 (m) Any proposed below-ground or above-ground utilities and any contemplated 742 public improvements, including road improvements, on or adjoining the property. 743 Plans for such utilities and improvements shall indicate whether the developer, the 744 city, or other agency will bear the financial responsibility for the construction, and 745 which improvements are intended to be dedicated to the city. 746 (n) Proposed grading, screening and other landscaping, including types and 747 locations of proposed street trees. 748 (o) Architectural elevation drawings or other graphic representations illustrating 749 exterior building characteristics of proposed buildings and/or building additions 750 that would be visible from the public right-of-way. Elevation drawings shall be 751 drawn to scale and shall reflect major architectural elements such as exterior 752 surface materials, windows, doors, columns, and wall-mounted signage. Elevation 753 plans are intended to provide a general depiction of the physical appearance, 754 massing and scale of the proposed construction. 755 2.55 Requested information. Full and complete information requested by the city planner 756 in accordance with the development information requirements set forth in article 10, 757 section 4. 758 2.56 Development in stages Stage development compliance. If the site development 759 plan indicates more than only one stage of the development, supplementary material 760 shall be included to show compliance with article 5, section 9, development in stages. Draft Amendments to Article 10 April 1, 2011 Page 21 of 41

761 2.57 Miscellaneous information. Other information deemed by the planning commission 762 to be necessary to determine conformity with the intent of this ordinance. 763 2.58 Site development master plans. Site development master plans shall depict a 764 generalized site development proposal that reflects general compliance with all 765 applicable provisions of article 10, subsection 2.5 above, and shall also reflect the 766 following information on the plan: 767 (1) The plan shall illustrate distinct phase boundaries for each proposed 768 construction phase and shall detail proposed construction and site 769 improvements planned for each phase. Bulk quantities and area totals for 770 each construction phase, and for the total site, shall be tabulated in a data 771 column on the plan. 772 (2) Each construction phase shall be enumerated in sequential order on the 773 site development master plan according to the order of construction 774 contemplated by the plan. Phases shall be implemented in accordance with 775 the approved site development master plan. 776 (3) Each construction phase represented on the master plan shall be planned 777 and designed to function independent of construction and site improvements 778 contemplated in future construction phases in all respects, including but not 779 limited to bulk area provisions of the zoning district in which the site is 780 located, off-street parking requirements, site entrances, emergency access 781 requirements, site utilities, and stormwater management improvements. 782 (4) Any special agreements or conditions of approval relative to the overall 783 development that have been specified by regulatory agencies shall be 784 documented on the site development master plan. 785 Site construction plans, details, and specifications are not required as part of 786 a site development master plan submission. Final site construction plans, 787 including detailed site grading, paving, utilities, stormwater management, 788 and tree planting and preservation plans shall be submitted for final 789 approval by the planning director, and/or authorized designee, and to other 790 agencies having jurisdiction, on a phase by phase basis in accordance with 791 the approved site development master plan, and all regulations of the City of 792 Dover governing the approval of site plans as set forth in this article 10, 793 section 2 of this ordinance. 794 795 Section 3. Historic district commission and architectural review. 796 3.1 Historic district commission established. Draft Amendments to Article 10 April 1, 2011 Page 22 of 41

797 3.11 Creation and purpose. There shall be a historic district commission for the purpose 798 of assisting the planning commission and city planner in reviewing applications for 799 architectural review certifications as specified in subsection 3.2 of this article section; and 800 for making recommendations for designation of historic district zones; and for 801 establishing guidelines for the preservation and conservation of historic district zones; 802 and for advising other officials and departments in the City of Dover in matters 803 concerning historic preservation; and for reviewing all proposed National Register 804 nominations in the City of Dover; and for acting as a liaison on behalf of the City of 805 Dover to individuals and organizations concerned with historic preservation; and for 806 carrying out programs of historic preservation education in the City of Dover. 807 3.12 Appointment. The commission shall consist of five members nominated by the 808 mayor and approved by the city council, who are residents of the City of Dover and who 809 have demonstrated special interest, experience, or knowledge in history, architecture, or 810 historic preservation. Two of the members, to the extent available, shall be professional 811 members representing the professions of architecture, history, archaeology, planning, 812 historic preservation or related disciplines. At least two members shall be residents of the 813 district, and at least one shall represent the business within the district. 814 3.13 Term. The members of the commission shall serve for three-year staggered terms. 815 Vacancies shall be filled within 60 days in accordance with subsection 3.12 of the article 816 section. 817 3.14 Organization. The commission shall meet at least four times per year in a place that 818 is advertised in advance and open to the public and shall keep minutes of its meetings that 819 are available to the public. All review decisions shall be made in public. The commission 820 shall establish bylaws for its general procedure, which shall include a section addressing 821 conflicts of interest. The commission shall produce an annual report of its activity 822 that is kept on file for public review with the city planning office. 823 3.2 Architectural review certification. 824 3.21 Effect of architectural review certificate. No building permit or certificate of 825 occupancy may be issued for any structure in the historic district until an architectural 826 review certificate is issued as required under article 3, section 21, subsection 21.3 for the 827 historic district. 828 3.22 Architectural review certification by the historic district commission and city 829 planner. Certifications under this subsection shall not be subject to the requirements 830 in subsection 3.25 with respect to conferences, fees, applications, public notices, and 831 time to act. 832 (a) An architectural review certificate for specific classes of building permits, 833 including fences, signs, siding, window and door replacement, roofing, the 834 addition or replacement of decorative features, minor demolition, residential Draft Amendments to Article 10 April 1, 2011 Page 23 of 41

835 additions, and other construction of a minor nature, may be issued by the historic 836 district commission or by the city planner when authorized by the historic 837 district commission, after a review and determination that the proposed 838 construction is in general accordance with the standards set forth in subsection 839 3.24 of this article section. 840 841 (b) The city planner may refer any permit application for demolition or 842 construction in the historic district for consultation with commission. The 843 historic district commission shall authorize the city planner to issue 844 architectural review certificates for certain classes and types of construction 845 that it warrants to be generally acceptable. 846 (b) The historic district commission shall issue architectural review 847 certificates for the construction or demolition of single- and two-family 848 homes, and nonresidential structures or additions involving a gross floor 849 area of 3,000 square feet or less, after review of proposed construction and 850 after a determination that the construction is in general accordance with the 851 standards set forth in subsection 3.24 below. 852 (c) All other applications for an architectural review certificate shall be 853 forwarded to the historic district commission for review and 854 recommendations to the planning commission in accordance with subsection 855 3.23(a) of this section. 856 (d) All decisions of the historic district commission or the city planner pursuant 857 to this section shall be documented on the building permit formalized in a 858 written notice of decision. When the commission or city planner grants a 859 conditional approval under this section, all conditions of approval shall be set 860 forth in writing on the building permit in the notice of decision. In the event of a 861 denial, the reasons for such denial shall be documented in a written notice of 862 decision shall state the reasons for denial and shall which shall identify all 863 elements of the application found to be contrary to the provisions or intent of this 864 section. 865 (e) An applicant may appeal the decision of the city planner to the historic district 866 commission to the planning commission, and such appeal shall be considered as 867 an architectural review certification application to the historic district planning 868 commission and shall meet all of the requirements set forth in subsection 3.22A 869 3.23 and subsection 3.25 of this section. 870 3.22A Architectural review certification by the historic district commission 871 (a) The historic district commission shall issue architectural review certificates 872 for the construction or demolition of single- and two-family homes, and Draft Amendments to Article 10 April 1, 2011 Page 24 of 41

873 nonresidential structures or additions involving a gross floor area of 3,000 874 square feet or less, after review of the proposed construction and after a 875 determination that the construction is in general accordance with the standards 876 set forth in subsection 3.24 below. 877 (b) All applications to the historic district commission for architectural review 878 certification shall be subject to the procedures set forth in subsection 3.25. 879 (c) All decisions of the historic district commission pursuant to this section shall 880 be formalized in a written notice of decision. When the commission grants a 881 conditional approval under this section, all conditions of approval shall be set 882 forth in writing in the notice of decision. In the event of a denial, the notice of 883 decision shall state the reasons for denial and shall identify all elements of the 884 application found to be contrary to the provisions or intent of this section. 885 (d) An applicant may appeal the decision of the historic district commission to 886 the planning commission, and such appeal shall be considered as an 887 architectural review certification application to the planning commission and 888 shall meet all of the requirements set forth in subsection 3.23 and subsection 889 3.25 of this section. 890 3.23 Architectural review certification by the planning commission. 891 (a) The planning commission shall issue architectural review certificates referred 892 or appealed to it, upon review of the recommendations of the historic district 893 commission and upon a determination that the proposed construction is in 894 accordance with the standards set forth in subsection 3.24 below. 895 (b) All applications to the planning commission for architectural review 896 certification shall be subject to the procedures set forth in subsection 3.25. 897 (c) (b) All decisions of the planning commission pursuant to this section shall be 898 formalized in a written notice of decision. When the planning commission grants 899 a conditional approval under this section, all conditions of approval shall be set 900 forth in writing in the notice of decision. In the event of a denial, the notice of 901 decision shall state the reasons for denial and shall identify all elements of the 902 application found to be contrary to the provisions or intent of this section. 903 3.24 Architectural review standards. 904 (a) An architectural review certificate may be issued if it is found that the 905 architectural style, general design, height, bulk and setbacks, arrangement, 906 location and materials and structures affecting the exterior appearance are 907 generally in harmony with neighboring structures and complementary to the 908 traditional architectural standards of the historic district as set forth in the historic 909 district design guidelines and standards adopted by the planning commission and Draft Amendments to Article 10 April 1, 2011 Page 25 of 41

910 as set forth in the United States Secretary of the Interior's Standards for 911 Rehabilitation. 912 (b) The city planner, historic district commission or planning commission shall 913 not consider normal maintenance and repair (see definitions, article 12), interior 914 arrangement, or building features not subject to public view. 915 3.25 Procedures for an architectural review by the historic district commission and/or 916 planning commission. 917 (a) Architectural preapplication meeting review conference. Prior to action on 918 any application for an architectural review certificate, the applicant shall meet in 919 person with the city planner or his delegated representative. The purpose of such 920 conference shall be to discuss the proposed construction or other action requiring 921 the certificate in order to determine what information is useful in the 922 determination of conformity with the provisions and intent of the historic district 923 regulation as expressed in this ordinance. It is generally recommended that 924 final construction plans and working drawings not be prepared for 925 submission to the building inspector for a building permit until a required 926 architectural review certificate is issued. 927 (b) Application and fee. The application to the historic district commission or 928 planning commission for an architectural review certificate and related 929 information shall be submitted in 20 copies to the city planner at least 30 days 930 prior to the historic district commission meeting at which review or approval is 931 requested and shall be accompanied by a fee as provided for in Appendix F--Fees 932 and Fines. 933 (c) Public hearing notice. Prior to the review and action on a architectural review 934 certification, the historic district commission shall hold a public hearing subject to 935 the following public notification procedures: 936 (1) The applicant shall advertise the public hearing to be advertised by 937 the applicant in a newspaper of general circulation at least 15 ten days 938 prior thereto. 939 (2) The applicant shall notify, by mail, all property owners within 300 940 200 feet of the extreme limits of the subject property as their names appear 941 on the municipal tax record at least 15 days prior thereto. 942 (3) The applicant shall post a notice outlining the date, time, place, and 943 nature of the hearing in a conspicuous location on the property. Such 944 notice shall be designed in accordance with standards set forth by the 945 planning commission. Draft Amendments to Article 10 April 1, 2011 Page 26 of 41

946 (4) The applicant shall provide the planning office commission with a 947 copy of the notice, verification of newspaper publication, a date-stamped 948 photo of the property posting, and post office mail return receipts 949 indicating date of mailing for all letters on or before the meeting date. 950 (5) Said notices shall state the date, time, date and place of the hearings 951 before the historic district commission and planning commission, a brief 952 description of the project and shall state that a copy of the application and 953 plan is on file with the planning office department for public review. 954 (6) If the planning commission is reviewing a project in accordance with 955 other sections of this article, then the public hearing notice on those 956 applications must also give notice of architectural review certification. 957 (d) Application information. The applicant shall provide such information and 958 documents listed below which will satisfactorily illustrate the proposed action as 959 indicated in the architectural review conference preapplication meeting required 960 in subsection 3.25(a): 961 (1) All plan elements required in article 10, section 2.5. 962 (2) Plans and specifications indicating existing and proposed development, 963 including structures, architectural elevation drawings, trees and any other 964 landscaping, existing and proposed, including the general design, location 965 and orientation of structures in relation to curb line, right-of-way line and 966 neighboring buildings, colors, and materials to be used on exterior 967 surfaces, detailed plans for any signs, photographs of the existing site and 968 neighboring buildings, and such other information as will enable the 969 historic district commission or planning commission to determine 970 conformity with the ordinance. 971 (e) City planner report. For each site plan application to the planning 972 commission the city planner shall issue a report to the planning commission 973 including comments from other agencies detailing how the application 974 conforms to the requirements of the zoning ordinance and other provision of 975 city and state codes. The city planner shall transmit copies of the proposed site 976 development plan and the city planner’s report at least seven days prior to the 977 date of the meeting at which approval of the site development plan is to be 978 requested. 979 (f) (e) Time to act Historic district commission action. The historic district 980 commission shall act to review and render a recommendation to approve any such 981 application within 45 days of transmittal to the commission or within such 982 additional time as may be consented to by the applicant. Failure to act within 45 983 days or the additional time consented to shall be deemed to be a favorable Draft Amendments to Article 10 April 1, 2011 Page 27 of 41

984 recommendation. Applications requiring planning commission approval 985 under subsection 3.23 of the article shall be transmitted by the historic 986 district commission to the planning commission for consideration at its next 987 available meeting. The planning commission shall act on any such approval 988 within 45 days of its meeting. Failure to act within 45 days shall be deemed 989 approval. The recommendation of the historic district commission shall be 990 forwarded to the planning commission and acted upon by the planning 991 commission in conjunction with action on the associated site development plan. 992 If a site development plan application is not filed in accordance with the 993 provisions of section 2.4 of this article within one year of recommendation, the 994 recommendation shall expire. The historic district commission may grant a one- 995 year extension of its recommendation upon written request by the applicant. 996 Such request shall be made in writing to the planning office at least thirty days 997 prior to the expiration of the historic district commission’s recommendation. 998 (f g) Substantial Amendments. Substantial A amendments to an application or an 999 architectural review certificate shall be acted upon in the same manner as the 1000 original plan. 1001 (g h) Expiration of architectural review certification issued by the historic district 1002 commission. 1003 (a) Architectural review certification approval shall expire on the last day 1004 of the 12th month after the date of final or conditional approval if 1005 construction of the work authorized or use permitted has not started or 1006 unless an extension of time is applied for by the applicant and granted by 1007 the historic district commission. Approval shall also expire if the 1008 construction of work authorized has stopped for a period of one year 1009 unless an extension of time is applied for and granted by the historic 1010 district commission. 1011 (b) Request Application for extension of approval shall be made no later 1012 than 30 days prior to the final approval expiration date. Upon receipt of 1013 such request application, the matter shall be considered at the next 1014 regularly scheduled meeting of the historic district commission. 1015 (c) In considering a request for an extension of approval, the historic 1016 district commission shall consider, but not be limited to, the following: 1017 1. Whether the project has been delayed for reasons beyond the 1018 control of the applicant, excluding economic or financial reasons. 1019 2. Whether the applicant has made substantial progress toward 1020 obtaining final approvals. 1021 2. Whether the project is of a minor size and scale. Draft Amendments to Article 10 April 1, 2011 Page 28 of 41

1022 3. Whether there has been any significant changes in the 1023 surrounding neighborhood. 1024 4. Whether there has been any related amendments to the zoning 1025 map or text, or the comprehensive plan, or if any waivers or 1026 variances have been granted. 1027 1028 (d) Requests Applications for extensions shall be submitted in writing to 1029 the planning office. to the city by completing an application for 1030 extension of approval form which may be obtained in city hall. 1031 (e) Under no circumstances shall the historic district commission grant 1032 extensions beyond 24 months from the date of first approval. 1033 3.3 Historic district amendments. 1034 3.31 Historic district commission review required. Any motion or petition to 1035 amend, supplement, or repeal a historic district by the city council in accordance 1036 with article 10, section 5, amendments, shall require a report by the historic 1037 district commission as set forth in article 3, section 21.4. 1038 3.32 Review criteria for placing individual structures in a historic district. The 1039 historic district commission may recommend that an individual structure or 1040 property be placed in an existing contiguous historic district or be placed in a 1041 historic district specifically created for the property or structure upon considering 1042 the following criteria and factors: 1043 (a) Significant value as part of the historical, cultural, artistic, social, ethnic or 1044 other heritage of the nation, state or community; 1045 (b) Association with an important person or event in national, state, or local 1046 history. 1047 (c) Representative of the distinguishing characteristics of an architectural type 1048 inherently valuable for the study of a period, style, craftsmanship, method of 1049 construction or use of indigenous material; 1050 (d) Notable work of a master builder, designer, architect, or artist whose 1051 individual genius has influenced an era; 1052 (e) The desire of the owner to have the property designated; 1053 (f) Increased potential of economic or community development. 1054 3.33 Review criteria for amendments or creation of new historic districts. The 1055 historic district commission may recommend amendments to an existing historic Draft Amendments to Article 10 April 1, 2011 Page 29 of 41

1056 district, recommend repeal of an existing historic district or recommend the 1057 creation of a new historic district upon considering the following criteria: 1058 (a) Any criteria listed in subsection 3.32 of this section. 1059 (b) Distinctive character or homogeneity of architectural design or dates of 1060 construction throughout the area. 1061 (c) Identifiable by clear and distinctive boundaries. 1062 (d) Repetition of distinguishing architectural or land use characteristics 1063 throughout the area. 1064 3.34 Public hearing required. For all proposed amendments to the boundary of 1065 the historic district, the historic district commission shall hold a public hearing 1066 subject to the following public notification procedures: 1067 (a) The planning office shall advertise the public hearing in a newspaper of 1068 general circulation at least 15 days prior thereto. 1069 (b) The planning office shall notify, by mail, all directly affected property 1070 owners and all property owners within 300 feet of the extreme limits of the 1071 properties proposed for addition to or removal from the district as their names 1072 appear on the municipal tax record at least 15 days prior thereto. 1073 3.4 Demolition by neglect. 1074 3.41 Responsibility of property owners. Property owners of properties within the 1075 historic districts shall not allow their buildings to be demolished by neglect (see 1076 definitions, article 12) by failing to provide ordinary maintenance or repair. 1077 3.42 Responsibility of the historic district commission. The historic district 1078 commission shall monitor the condition of historic properties and existing 1079 buildings in the historic district to determine if they are being demolished by 1080 neglect by failing to provide ordinary maintenance and repair (see definitions, 1081 article 12). In the event that the commission determines a demolition by neglect is 1082 occurring, it shall carry out the following: 1083 (a) Determine and set forth steps required to remedy the situations or 1084 defects. 1085 (b) Direct the city planner to inform the property owners of its findings, 1086 determination, and recommended remedies. 1087 (c) In the event that the property owners fail to commence work within the 1088 reasonable time allotted by the commission, the commission may direct 1089 the building inspector to begin proceedings under chapter 22, buildings, 1090 and building regulations, article XI, dangerous buildings, of the Code of Draft Amendments to Article 10 April 1, 2011 Page 30 of 41

1091 Ordinances for the City of Dover to bring about the repair or demolition 1092 of the building. 1093 3.43 Responsibility of the city planner. The city planner shall notify the historic 1094 district commission of buildings within the historic district that meet the 1095 definition of dangerous buildings under the provisions of chapter 22 buildings 1096 and building regulations, article XI dangerous buildings, of the Code of 1097 Ordinances for the City of Dover. In such cases the commission shall determine 1098 if the building is being demolished by neglect. Before referring a property to the 1099 commission for consideration as demolition by neglect, the city planner shall 1100 give written notice to the owner, occupant, mortgagee, lessee, agent, and all 1101 other persons having an interest in said building, as shown by the records of the 1102 recorder of deeds of the county, to appear before historic district commission at 1103 the time, date and location specified. 1104 Section 4. Development information requirements. 1105 4.1 In order to more effectively evaluate the probable impact of proposed development 1106 and thereby to carry out the purposes of this ordinance when making decisions and 1107 recommendations regarding development proposals, the planning commission, historic 1108 district commission, or city planner may shall adopt a standard set of information 1109 requirements, which may be updated from time to time as necessary. 1110 4.2 The information requirements will consist of a series of written questions to be 1111 answered by all applicants for amendments to the zoning map, conditional use 1112 permits, or site development plan approval. The information requirements for any 1113 application will depend on the type and scale of the development proposed, and on 1114 the type of application. 1115 4.3 The information requirements shall be administered by the city planner and shall be a 1116 part of submission requirements for all applications to the planning commission. 1117 Section 5. Amendments. 1118 This ordinance or any part thereof may be amended, supplemented or repealed, from time 1119 to time, by the city council on its own motion or upon application on petition, as 1120 provided in chapter 3 of title 22, Municipalities of the Delaware Code Annotated (22 Del. 1121 C. § 301 et seq.). Every such proposed amendment shall may be referred by the city 1122 council to the planning commission for a report before the public hearing. The city 1123 council shall not take action on any such amendment without a report from the planning 1124 commission unless the planning commission fails to render such a report within 75 days 1125 after its regularly scheduled meeting following such referral. 1126 5.1 Types of amendments to the ordinance. The following are the types of amendments 1127 that may be made to the ordinance: Draft Amendments to Article 10 April 1, 2011 Page 31 of 41

1128 5.11 Zoning text amendments. Amendments to ordinance text may be made 1129 upon initiation of the city planner or under sponsorship of three members of 1130 city council. 1131 5.12 Map amendment by application. A property owner may make application 1132 to the city for amendment of the zoning map as it relates to his property. 1133 Amendments to the zoning map may also be initiated by sponsorship of three 1134 members of city council and shall be considered under the procedures of section 1135 5.3 as it relates to applications for map amendments. 1136 5.13 Comprehensive zoning map amendment. Amendment to the zoning map as 1137 a result of a new, revised, or amended comprehensive plan, or other formal plan 1138 or study shall be considered as a comprehensive zoning map amendment and 1139 shall be initiated by the planning office. 1140 5.1Report of planning 0commission. In making such report after holding a public 1141 hearing on the proposed amendment, the planning commission shall make an 1142 inquiry and determination concerning the items specified below: 1143 5.11Amendments and changes in text. Concerning a proposed amendment to or 1144 change in text of this ordinance: 1145 a. Whether such change is consistent with the aims and principles embodied 1146 in the ordinance as to the particular zones concerned; 1147 b. Which areas and establishments will be directly affected by such change 1148 and in what way they will be affected; 1149 c. The indirect implications of such change in its effect on other regulations; 1150 and 1151 d. Whether such proposed amendment is consistent with the aims of the 1152 comprehensive plan of the city. 1153 5.111 Concerning a proposed amendments involving a change in the zoning map by 1154 way of a petition to rezone property or by way of annexation: 1155 a. Whether the uses permitted by the proposed change would be appropriate 1156 in the area concerned; 1157 b. Whether adequate public school facilities and other public services exist or 1158 can be created to serve the needs of any additional residence likely to be 1159 constructed as a result of such change; 1160 c. Whether the proposed change is in accord with any existing or proposed 1161 plans in the vicinity; 1162 d. The effect of the proposed amendment upon the growth of the city as 1163 envisaged by the comprehensive plan; Draft Amendments to Article 10 April 1, 2011 Page 32 of 41

1164 e. Whether the proposed amendment is likely to result in an increase or 1165 decrease in the total zoned residential capacity of the city and the probable 1166 effect thereof. 1167 5.2 Procedure for zoning text amendments in accordance with 5.11. 1168 5.21 Public hearing and notice. An amendment to the ordinance text shall be subject to 1169 public hearing before the planning commission and city council prior to adoption. 1170 Such hearing shall be advertised in a newspaper of general circulation at least fifteen 1171 (15) days prior to the planning commission hearing. Such notices shall state the date, 1172 time and place of the planning commission and city council hearings and a brief 1173 description of the proposed zoning text amendment, and specify that documents are 1174 available in the Planning office for review. 1175 5.22 City planner report. For each proposed zoning text amendment, the city planner 1176 shall issue a report to the planning commission and city council, including comments 1177 from other reviewing agencies, that evaluates the following factors: 1178 1) Whether such change is consistent with the aims and principles embodied in 1179 the ordinance as to the particular zones concerned; and 1180 2) Whether such proposed amendment is consistent with the aims of the 1181 comprehensive plan of the city. 1182 5.24 Report of the planning commission. Regarding each proposed amendment to the 1183 ordinance text, the planning commission shall provide a report to the city council 1184 stating a recommended action with regards to the proposed amendment, along with the 1185 commission’s evaluation of the following factors: 1186 1) Whether such change is consistent with the aims and principles embodied in 1187 the ordinance as to the particular zones concerned; and 1188 2) Whether such proposed amendment is consistent with the aims of the 1189 comprehensive plan of the city. 1190 5.3 Application procedure for zoning map amendments in accordance with 5.12. 1191 5.31 Preapplication Meeting. Prior to the submission of a zoning map amendment 1192 application, the applicant or his representative shall meet in person with the city 1193 planner or his designee to discuss the rezoning request. The purpose of this meeting 1194 shall be to discuss proposed uses or developments and to review the process and 1195 submission requirements. 1196 5.32 Application. Application for a zoning map amendment shall be submitted to the 1197 city planner, on forms approved by the planning commission, along with a fee as 1198 provided for in Appendix F--Fees and Fines, and copies of a site map as described 1199 below. Draft Amendments to Article 10 April 1, 2011 Page 33 of 41

1200 5.321 Submission requirements accompanying applications for amendments to 1201 the zoning map. The applicant shall cause a site map to be prepared by a civil 1202 engineer, surveyor, land planner, or architect. The applicant shall submit 1203 copies of the site map to the city planner. The elements to be included on the 1204 site map are listed below: 1205 (1) Scale and dimensions. The map shall be at least 8.5 by 11 inches and 1206 at a scale of ten, 20, 30 or 40 feet to the inch, except that if the property 1207 has a maximum dimension over 900 feet, a scale of 50 feet to the inch 1208 may be used. 1209 (2) Legal data. 1210 (a) Tax parcel identification number. 1211 (b) Name and address of the owner of record. 1212 (c) Name and address of the equitable owner, if any. 1213 (d) Name and address of the person, firm or organization 1214 preparing the map. 1215 (e) Date, north point and written and graphic scale. 1216 (f) Sufficient description of information to precisely define the 1217 boundaries of the property and that portion of the property for 1218 which a rezoning is requested; and total acreage for which a 1219 rezoning is requested. All distances shall be in feet and 1220 hundredths of a foot. All angles shall be given to the nearest 1221 second or closer. The error of closure shall not exceed one in 1222 10,000. 1223 (g) The locations, names and existing widths of adjacent street 1224 rights-of-way and curblines. 1225 (h) Location, width and purpose of all existing and proposed 1226 easements, reservations and areas dedicated to public use within 1227 or adjoining the property. 1228 (i) Existing and proposed zoning. 1229 (k) Any existing development on the property, including 1230 buildings, fences and landscape screening. 1231 (l) Full and complete information requested by the city planner 1232 in accordance with the development information requirements 1233 set forth in section 4. Draft Amendments to Article 10 April 1, 2011 Page 34 of 41

1234 5.33 Setting of hearings and referral to planning commission. For any application to 1235 amend the zoning map, city council shall refer the proposed amendment to the 1236 planning commission and set dates for the public hearings to be held before the 1237 planning commission and city council. 1238 5.34 Advertisement of public hearing. Following referral of a zoning map amendment 1239 application to planning commission by city council, the applicant shall advertise the 1240 public hearing as follows: 1241 1) The applicant shall notify by mail all property owners within a distance of 300 1242 feet of the extreme limits of the subject property of the public hearing dates, 1243 times and locations. 1244 2) The applicant shall advertise the public hearings in a newspaper of general 1245 circulation at least fifteen (15) days prior to the planning commission hearing. 1246 Such notices shall state the date, time and place of the planning commission 1247 and city council hearings and a brief description of the proposed zoning map 1248 amendment, and specify that documents are available in the Planning office for 1249 review. 1250 3) The applicant shall also post a notice outlining the date, time, place, and nature 1251 of the hearings in a conspicuous location on the property. Such notice shall be 1252 designed in accordance with standards set forth by the planning commission 1253 and city council. 1254 4) The applicant shall provide the planning office with a copy of the notice, 1255 verification of newspaper publication, a date-stamped photo of the property 1256 posting, and post office mail receipts indicating the date of mailing for all letters 1257 on or before the planning commission meeting date. 1258 5.35 City planner report. For each application for a zoning map amendment, the city 1259 planner shall transmit a report to the planning commission and city council, including 1260 comments from other reviewing agencies, that evaluates the following factors: 1261 1) Whether the uses permitted by the proposed change would be compatible with 1262 the existing uses and zones in the area concerned; 1263 2) Whether adequate public services and infrastructure exist or can be created or 1264 expanded to serve the needs of any additional demand as a result of such 1265 change; and 1266 3) Whether the proposed change is in accordance with the city’s current 1267 comprehensive plan. 1268 5.36 Report of the planning commission. Regarding each application for a zoning map 1269 amendment, the planning commission shall provide a report to the city council stating Draft Amendments to Article 10 April 1, 2011 Page 35 of 41

1270 a recommended action with regards to the proposed amendment, along with the 1271 commission’s evaluation of the following factors: 1272 1) Whether the uses permitted by the proposed change would be compatible with 1273 the existing uses and zones in the area concerned; 1274 2) Whether adequate public services and infrastructure exist or can be created or 1275 expanded to serve the needs of any additional demand as a result of such 1276 change; and 1277 3) Whether the proposed change is in accordance with the city’s current 1278 comprehensive plan. 1279 5.37 Amendment of zoning map. Following action by city council with regards to an 1280 application to amend the zoning map, the planning office shall update the zoning map 1281 to reflect the action of city council. 1282 5.38 Notice of decision. The city clerk shall send the applicant a letter notifying the 1283 applicant of the city council’s action regarding the application for a zoning map 1284 amendment. 1285 5.4 Procedure for comprehensive zoning map amendment in accordance with 5.13. 1286 5.41 Public hearing and notice. A comprehensive zoning map amendment shall be 1287 subject to public hearing before the planning commission and city council prior to 1288 adoption. The planning office shall advertise the public hearings as follows: 1289 1) The planning office shall advertise the public hearing in two newspapers of 1290 general circulation at least fifteen (15) days prior to the planning commission 1291 hearing. 1292 2) The planning office shall notify all affected property owners by mail at least 15 1293 days prior to the planning commission hearing, informing them of the proposed 1294 zoning map amendment as it relates to their property. 1295 3) Such notices shall state the date, time and place of the planning commission and 1296 city council hearings and a brief description of the proposed zoning text 1297 amendment, and specify that documents are available in the planning office for 1298 review. 1299 5.42 City planner report. For any comprehensive zoning map amendment, the city 1300 planner shall issue a report to the planning commission and city council, including 1301 comments from other reviewing agencies, that identifies: 1302 1) The reasons for the comprehensive zoning map amendment; Draft Amendments to Article 10 April 1, 2011 Page 36 of 41

1303 2) All properties where a change in zone is proposed; and 1304 3) How the proposed changes to the zoning map support the city’s current 1305 comprehensive plan. 1306 5.43 Report of the planning commission. Regarding each application for a zoning 1307 map amendment, the planning commission shall provide a report to the city council 1308 stating a recommended action with regards to the proposed amendment, along with 1309 the commission’s evaluation of the following factors: 1310 1) Whether the uses permitted by the proposed change would be compatible with 1311 the existing uses and zones in the area concerned; 1312 2) Whether adequate public services and infrastructure exist or can be created or 1313 expanded to serve the needs of any additional demand as a result of such 1314 change; and 1315 3) Whether the proposed change is in accordance with the city’s current 1316 comprehensive plan. 1317 5.44 Adoption of comprehensive zoning map amendment. Upon adoption of the 1318 comprehensive zoning map amendment by city council, the zoning of properties 1319 shall be as reflected in the adopted map. 1320 5.45 Notice of decision. The city shall notify all affected property owners in writing 1321 with regards to any amendments to the zoning map that affect their properties. 1322 5.12Fees. Each petition for a rezoning amendment shall be accompanied by a 1323 minimum fee as provided for in Appendix F--Fees and Fines. In addition, each 1324 district would require supplemental fees per acre, as provided for in Appendix F-- 1325 Fees and Fines, based on the following groupings: Residential and single-family (R- 1326 7, R-8, R-10, R-15, and R-20), multifamily (RG-0, RG-1, RG-2, RG-3, RG-4, RG-5, 1327 RM-1, and RM-2), cluster and MHP, commercial and institutional (C-1, C-1A, C-2, 1328 C-2A, C-3, CPO, RC and IO), shopping center development (SC-1, SC-2 and SC-3), 1329 and manufacturing and industrial development (M and IPM). All applications for 1330 amendment to the zoning ordinance appendix B shall be accompanied by a fee as 1331 provided for in Appendix F--Fees and Fines. 1332 5.13Public hearing; notice. The date, time and place of a public hearing shall be set 1333 and notice thereof shall be given in accordance with the provision of chapter 3 of 1334 title 22 of the Delaware Code (22 Del. C. § 301 et seq.). 1335 (a) When there is a petition to rezone property in accordance with subsection 1336 5.111, all property owners within a distance of 200 feet shall be notified by Draft Amendments to Article 10 April 1, 2011 Page 37 of 41

1337 regular mail of the applications for rezoning. No fee shall be required for 1338 petitions filed in favor of or against a pending application. 1339 (b) When there is a proposed amendment to the zone map or zoning 1340 ordinance appendix B text as a result of a new, revised, or amended 1341 comprehensive plan, the planning commission and city council shall hold 1342 public hearings, to be advertised in two newspapers of general circulation at 1343 least 15 days prior to the planning commission hearing. Said notices shall 1344 state the time and place of the planning commission hearing and the city 1345 council hearing, a brief description of the proposed amendment or map 1346 depicting the proposed amended zoning map, and that the amended zoning 1347 map is filed at the Dover City Library, and with the planning department for 1348 public review. 1349 5.14 Proposed amendments. Should any proposed amendment consist of or include: 1350 5.141Boundary changes. Any change in the boundaries of any zone, which change 1351 would occur within a distance of 500 feet of the boundary of any other municipality; 1352 or 1353 5.142 Regulation changes. Any change in the regulations prescribed for any zone, 1354 any portion of which is located within 500 feet of such boundaries; 1355 the city clerk shall transmit to the municipal clerk of such other municipality a copy 1356 of the official notice of the public hearing thereon not later than the day after such 1357 notice appears in the official newspaper of the city. 1358 5.15Public hearing notice contents. All notices of public hearings shall specify: 1359 a. The nature of any proposed amendment; 1360 b. The land or district affected; and 1361 c. The date when, and the place where, the public hearing will be held. 1362 5.5 5.16 Amendment protests. In the case of a protest against any amendment, such 1363 amendment shall not become effective, except in accordance with the provisions of 1364 section 305 of chapter 3 of title 22, Municipalities, of the Delaware Code Annotated (22 1365 Del. C. § 305). 1366 5.6 5.17 Zoning map amendment approvals. In all cases where the city council shall 1367 approve an amendment to the zoning map, the said council shall find that, for reasons 1368 fully set forth in the said findings, such amendment is in conformity with the 1369 comprehensive plan for the city. 1370 5.18 Submission requirements accompanying petitions for amendments to the 1371 zoning map. The petitioner shall cause a site map to be prepared by a civil engineer, Draft Amendments to Article 10 April 1, 2011 Page 38 of 41

1372 surveyor, land planner, architect or other competent person. The petitioner shall 1373 submit 15 copies of the site map to the city clerk. The elements to be included on the 1374 site map are listed below: 1375 5.181 Scale and dimensions. The map shall be at least 18 by 26 inches, but not more 1376 than 24 by 36 inches and at a scale of ten, 20, or 40 feet to the inch, except that if the 1377 property has a maximum dimension over 900 feet, a scale of 50 feet to the inch may 1378 be used. 1379 5.182Legal data. 1380 (a) Lot, block and section number of the property. 1381 (b) Name and address of the owner of record. 1382 (c) Name and address of the equitable owner, if any. 1383 (d) Name and address of the person, firm or organization preparing the map. 1384 (e) Date, north point and written and graphic scale. 1385 (f) Sufficient description of information to precisely define the boundaries of 1386 the property and that portion of the property for which a rezoning is 1387 requested; and total acreage for which a rezoning is requested. All distances 1388 shall be in feet and hundredths of a foot. All angles shall be given to the 1389 nearest second or closer. The error of closure shall not exceed one in 10,000. 1390 (g) The locations, names and existing widths of adjacent street rights-of-way 1391 and curblines. 1392 (h) Location, width and purpose of all existing and proposed easements, 1393 setbacks, reservations and areas dedicated to public use within or adjoining 1394 the property. 1395 (i) A complete outline of existing deed or proposed restrictions or covenants 1396 applying to the property and a recital of the deed. 1397 (j) Existing and proposed zoning. 1398 (k) Existing and proposed use. 1399 (l) Other existing development on the property, including fences and 1400 landscape screening. 1401 (m) Two location maps, one at a scale of 1,200 feet to the inch, and one at a 1402 scale of 400 feet to the inch, showing the distance along all adjacent roads to 1403 the nearest intersections. 1404 (n) Proposed access to the property from existing roads. Draft Amendments to Article 10 April 1, 2011 Page 39 of 41

1405 (o) Significant natural features, including topography, location of flood 1406 hazard areas, and the location of different soil types as indicated by the Kent 1407 County soil survey. The soils information shall be supplemented by soil 1408 boring and percolation test data, if requested by the city. 1409 (p) Full and complete information requested by the city planner in 1410 accordance with the development information requirements set forth in 1411 section 4. 1412 5.183Rezoning to prior classification. In all cases where the city council shall 1413 approves an amendment to the zoning map because of a request for new 1414 construction of buildings or structures on the rezoned land or where new 1415 construction is required to carry out the new use on the rezoned land, the city 1416 council shall reconsider the zoning classification by having an amendment to rezone 1417 the land to its prior classification be automatically placed on the agenda by the city 1418 clerk, unless, within one year from the effective date of the amendment to the zoning 1419 map, one of the following conditions is met: 1420 a. New construction is started on the rezoned land according to the request 1421 for the amendment and such construction is proceeding in a normal and 1422 reasonable manner toward completion; or 1423 b. City council is given a satisfactory explanation for the failure to commence 1424 construction and reasonable written assurance that construction will 1425 commence soon after passage of the one-year period and will proceed in a 1426 normal and reasonable manner toward completion; or 1427 c. The current zoning is in conformance with the current comprehensive plan 1428 and its prior zone was not conforming with the current comprehensive plan. 1429 5.184 Reconsideration, one-year limitation. 1430 (a) Whenever a petition requesting an amendment, supplement, or change has 1431 been denied by the city council, such amendment petition, or one substantially 1432 similar, shall not be reconsidered sooner than one year from the date of the prior 1433 denial, except as provided in subsection (b) hereof. 1434 (b) Notwithstanding the provisions of subsection (a) hereof, the planning 1435 commission may request the council to reconsider an application within the one- 1436 year period from the denial of the same if the land use in the area has changed to 1437 such a degree that failure to do so would prevent proper planning and 1438 development of the area in question. 1439 5.19 Closed zones. Where the city finds that new development in a certain zone would be 1440 inconsistent with the purposes of this ordinance, but that elimination of or substantial 1441 changes to the zone would create a hardship for many owners of existing buildings and Draft Amendments to Article 10 April 1, 2011 Page 40 of 41

1442 land in that zone, the city may declare the zone closed. The city council shall not accept 1443 or approve amendments to the zoning map which would place land in a closed zone. 1444 Closed zones include: 1445 (a) R-7; 1446 (b) RG-4; 1447 (c) RG-O, except in the downtown redevelopment target area as described in 1448 appendix C of the City of Dover Code of Ordinances. Draft Amendments to Article 10 April 1, 2011 Page 41 of 41

Proposed Changes to Zoning Ordinance Article 10 – Planning Commission UPDATED Summary of Comments Received Comment Submitted by Planning Staff Recommendation Recommend allowing a two-year extension, total plan life Matt Spong, Landscape Staff recommends keeping a one-year extension of four years. Architectural Services and total three year plan life. Historic District Commission should review all projects on Historic District Commission This can be addressed in the Standards and the Green and Constitution Place Guidelines. Add back in the requirement of the Historic District Historic District Commission Staff supports this change Commission to produce an annual report of its activity Recommend that Site Development Master Plans have an Gregg Moore, Becker Morgan The current draft keeps the approval active for approval for five years and eliminate the requirement that Group five years provided construction begins within construction begin within one year and that construction two years of Planning Commission approval not cease for more than two years between phases and that construction not cease for more than two years between phases. Staff does not support this change. Recommend that the mailing distance for public notice Gregg Moore, Becker Morgan Staff supports this change but notes that the remain at 200 feet from subject property rather than be Group expansion of the distance to 300 feet is extended to 300 feet. consistent with the direction given by City Council, through the Legislative, Finance and Administration Committee in September 2010. The minutes from this meeting are attached. Recommend language clarifying the following: Glenn Mandalas, Attorney Staff supports these changes and has • The Planning Commission must document incorporated them into a draft to be presented at findings of fact in their decision regarding the Legislative, Finance & Administration Conditional Use Permit revocation Committee. • The state and city code requirements listed in the City Planner Report is not a comprehensive list of all such code requirements. • Under Demolition by Neglect, clarify that the City Planner shall notify the Historic District Commission of dangerous buildings referred by the Building Inspector. June 13, 2011

Townshend, Ann Marie From: Phil McGinnis <pjm@mcginnisrealty.com> Sent: Tuesday, May 10, 2011 3:41 PM To: CompPlan; Townshend, Ann Marie Cc: 'Constantine F. Malmberg'; 'Paradee, John W.'; 'Tom Burns'; 'Holland Connie (OMB)'; jmolinaro@realtors.org Subject: Article 10 amendments Ann Marie‐ I appreciate being included in the Article meeting last week. The mere thought of streamlining is appealing to me. Further, more consistency in the timelines, deadlines, and other requirements are likewise welcomed. I hope you will consider and provide for allowances for mixed‐use zoning conditions as we move closer to Smart Growth principles. I know Connie Holland is looking at developing a form‐based zoning guideline book, and I hope that all municipalities will start planning for at least some aspect of form‐based zoning. Looking forward to a wild ride through Article 10. Phil McGinnis, CCIM, GAA, ALC, e-PRO McGinnis Commercial Real Estate Company 302-736-2710 office 302-270-0656 cell mailto:pjm@mcginnisrealty.com 1

Townshend, Ann Marie From: Matt Spong <matt@las-llc.net> Sent: Friday, May 13, 2011 2:09 PM To: Townshend, Ann Marie; Melson-Williams, Dawn; Albert, Michael Subject: Porposed changes zoning Oridiance 5-13-11, As discussed at hearing last week Expiration of plans: The proposed 2 year expiration after planning commission approval is a great idea. Please consider a 2 year extension. In today's economy and regulatory environment this extra time would be appreciated. Thanks for your consideration. Matt Matthew, T . Spong RLA, ASLA, Principal Landscape Architectural Services, L.L.C. Phone: 302-284-4578 FAX: 302-284-0301 matt@las-llc.net www.las-llc.net The information in this communication and attachments is solely for the intended recipient. This message, or any part thereof, shall not be disclosed, distributed, copied or retained without the authorization of the sender. If you are not the intended recipient, please delete this communication and attachments from your system. 1

Excerpt from Minutes of the Historic District Commission Meeting of April 21, 2011 Draft Zoning Text Amendment MI-11-06 Updates to Zoning Ordinance, Article 10 §3. Historic District Commission and Architectural Review Mrs. Melson-Williams stated that the Planning Staff has been working on what is Article 10 of the Zoning Ordinance. Article 10 describes the process and procedures for Conditional Use applications and Site Development Plans which are both Planning Commission processes. It describes the processes for the Historic District Commission and Rezoning type of applications. Mrs. Melson-Williams further stated that specifically what she has given you is the excerpt of Article 10 which is Section 3 which is the Historic District Commission. It describes the Historic District Commission, its appointment, and then the Architectural Review process. Your packet included a Copy A excerpt and a Copy B excerpt. Copy A is taking the existing Code and showing the editing marks. The existing Code is in black, where we are deleting statements is notated in red with a strikethrough through it, and where we are adding text is in blue italics. We have found in doing amendments to text, often times people want to know what did it say and what are we putting in there. Mrs. Melson-Williams further stated that Version B which Staff calls the “Black Ink Version” is what it will ultimately look like once the editing is completed. Ignore the yellow highlights, these are section references that Staff has to double check and make sure that numbers match and that they are referring to the right section if things get re-numbered. We have done some work on numbering in this section since we issued this to you. Before I start answering questions, this is coming to you as an informational item. Staff is at the very beginning of what will be the whole formal process in order to make these changes in the Zoning Ordinance. It has to appear before a City Council Committee that is scheduled for next week. Staff will also be doing a public outreach meeting to developers, architects, engineers, and folks that use this on a regular basis that we deal with in using it. This will happen in May and we are hoping that the overall Ordinance will start the formal review process in June. It has to go through a “First Reading” with City Council, then a public hearing and review before the Planning Commission, and then final public hearing and review with City Council. We are looking at mid-summer before any of this would be put in place. The blue sheet outlined the key revisions and things that we are doing with text amendment. Mr. Scrafford questioned regarding line 322, Section A, it does not reference The Green as a requirement. Line 322 states that the City Planner can do all those things and we specifically requested that these things on The Green be referred to us at least for our review in order to know that they are going on. Mr. McDaniel stated that he agreed with Mr. Scrafford. He feels that we should also include Constitution Place. Responding to Mr. McDaniel, Mrs. Melson-Williams stated that in the Draft Design Guidelines what we had suggested was that The Green and Constitution Place that those areas be treated specifically in that. It would include State Street to Water Street and from The Green up to Loockerman Street. She is not sure how to implement that into here; however, they will look at it.

Mr. Scrafford stated that it needs to be because as it stands right now, you do not need this Commission. The way that it is written right now, the City Planner can do all of these things without this Commission’s approval. Responding to Mr. Scrafford, Mrs. Melson-Williams stated that the City Planner does not use a separate set of Guidelines and a portion of the Zoning Ordinance that refers you to those Guidelines to do the activities and to do the Architectural Review Certification may be enough to cover that or it may not. Mr. Fisher questioned at our last meeting where we had the untimely application for extension, this says a request for extension has to be thirty (30) days prior to expiration of the Commission’s recommendation of one year. There is no provision in here for a waiver. If we are going to have the power to waive should it be stated that the Commission has the power to waive or the Commission does not have the power to waive? If it is silent he would assume that they would not have the power to waive. Mr. Salkin stated in Section 3.14 under “organization” the last sentence was crossed out that stated “The Commission shall produce and annual report of its activity that is kept on file for public review.” He does not object to this; however, it seems to him that there should be some requirement that the summary of what we do whether it is annually, monthly, or quarterly should be available to the public to explain a summary of the actions we have taken. It could be placed on the website and not necessarily an annual report or a separate document. Mr. Scrafford questioned where the minutes of this Commission are retained and available to the public? Responding to Mr. Scrafford, Mrs. Melson-Williams stated that they are physically retained in the Planning Office and they are accessible through the City’s website. All the minutes from all of the various Boards, Commission, and Committees are available on the City’s website. Mr. Salkin stated that he was thinking some kind of summary form so that people could understand what we do. Responding to Mr. Salkin, Mrs. Melson-Williams stated that she thinks that they would put the sentence back in. She can tell you that the annual report that the Planning Office does has a summary page of the applications that were heard and that is the version of the chart that you see that has each years applications on it. Note: At 4:00 PM Mr. McDaniel and Mr. Salkin left the meeting for other commitments. Mr. Scrafford stated that the only other issue that he noticed was that there are places where we do a recommendation for an Architectural Review Certificate and places where we actually issue the Certificate. Responding to Mr. Scrafford, Mrs. Melson-Williams stated that this is one of the things that we are trying to clarify. There are three (3) types of Architectural Review Certifications. One is review by the City Planner with a Building Permit application as referenced in 3.22A. Then there is review by the Historic District Commission meaning it appears in front of you; you have the last say and issue the certificate. The third type of Architectural Review Certification is recommendation by the Historic District Commission with final action by the Planning Commission. This meaning the project is so big that it has to go to the Planning Commission; however, stops with this Commission first and you put together a series of recommendations on the Architectural Review Certificate. Your recommendation gets

forwarded onto the Planning Commission and the Planning Commission is the final say on the Architectural Review Certification. Note: At 4:11 PM Mr. Jackson left the meeting. Quorum was lost but no actions were taken; only information presented to remaining members present. Mr. Fisher stated on Line 995 and 996 in the blue language it states that “Such request shall be made in writing to the Planning Office at least thirty days.” When you have the black ink copy that line is not there, only in subsection d where the extension has to be made within thirty days is it mentioned. Responding to Mr. Fisher, Ms. Cornwell stated that it is in there, line 818 through 820. Mr. Fisher stated that his only concern regarding the thirty days is that it is clear in both copies, no matter how you read it, and if the thirty day condition can be waived. His personal preference would be no; however, it is not up to him to make that decision. Ms. Melson-Williams stated that one thing that they did regarding Demolition by Neglect is that we wrote a paragraph that clarifies what steps they need to do before it arrives before this Commission. Mr. Scrafford stated regarding 3.43A section starting with Line 1092 it does state that “The City Planner shall notify the Historic District Commission;” however, it does not say when should it? Responding to Mr. Scrafford, Mrs. Melson-Williams stated that the test with how it is written here is if it is meeting the definition of “dangerous building” and then that dangerous building then gives the citation for that. There may be something else in Chapter 22 that gives what the responsibility of the Planner is regarding reasonable time.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JUNE 30, 2011 APPLICATION: TEXT AMENDMENTS: REVISIONS TO ARTICLE 10 OF THE ZONING ORDINANCE FILE #: MI-11-06 REVIEWING AGENCY: City of Dover Public Utilities Department CONTACT PERSON: Steve Enss - Electric Sharon Duca, P.E. - Water, Wastewater, Stormwater CONTACT PHONE #: 302-736-7070 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 / WATER / WASTEWATER 1. Our office has no objections to the proposed amendments. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER 1. None ADVISORY COMMENTS TO THE APPLICANT ELECTRIC / WATER / WASTEWATER 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 .

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: June 30, 2011 T =============================================================== APPLICATION: Text Amendment: Revision to Article 10 of the Zoning Ordinance FILE#:MI-11-06 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== 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: 1. The Department has no comments. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 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.

Appointment of the Architectural Review Oversight Subcommittee of Planning Commission As part of the Annual Meeting of the Planning Commission, one of the responsibilities of the Planning Commission is to appoint the Architectural Review Oversight Subcommittee. The following excerpt from the Zoning Ordinance is provided. Appendix B: Zoning Ordinance, Article 10 Section 2. Site Development Plan Approval 2.28 Consideration shall be given to the physical orientation and architectural characteristics of proposed buildings, the relationship of proposed buildings to existing buildings and to other proposed buildings, and their contributions to the overall image of the immediate vicinity by considering the building and architectural design guidelines as set forth in article 5, section 19. Design characteristics of proposed buildings and building additions shall not detract or devalue existing buildings in the immediate vicinity. If the planning commission determines that the proposed physical orientation and architectural characteristics of the proposed buildings do not meet the intent and objectives of this section, then the planning commission shall refer the proposal to the architectural review oversight subcommittee for review and comment. The subcommittee shall meet and review the proposal with the applicant, and return its comments to the planning commission by the next regularly scheduled meeting. The architectural review oversight subcommittee shall be appointed by the commission at its annual meeting, [and] membership shall consist of two planning commission members, and two design professionals with experience in construction, and the mayor or the mayor's designee. Two alternate design professionals with experience in construction shall also be appointed. The following excerpt is from Ordinance #2011-14 which is the proposed Text Amendment to Article 10 of the Zoning Ordinance. The concept of architectural review by the Planning Commission remains as part of the Code along with the appointment of the Architectural Review Oversight Subcommittee. From Ordinance #2011-14. Proposed Text of Appendix B: Zoning Ordinance, Article 10 Section 2. Site development plan approval. 2.28 Consideration shall be given to the physical orientation and architectural characteristics of proposed buildings, the relationship of proposed buildings to existing buildings and to other proposed buildings, and their contributions to the overall image of the immediate vicinity by considering the building and architectural design guidelines as set forth in article 5, section 19. Design characteristics of proposed buildings and building additions shall not detract or devalue existing buildings in the immediate vicinity. (A) If the planning commission determines that the proposed physical orientation and architectural characteristics of the proposed buildings do not meet the intent and objectives of this section, then the planning commission shall refer the proposal to the architectural review oversight subcommittee for review and comment. (B) The subcommittee shall meet and review the proposal with the applicant, and return its comments to the planning commission by the next regularly scheduled meeting. (C) The architectural review oversight subcommittee shall be appointed by the commission at its annual meeting, and membership shall consist of two

planning commission members, and two design professionals with experience in construction, and the mayor or the mayor's designee. Two alternate design professionals with experience in construction shall also be appointed. As of the Annual Meeting of the Planning Commission on July 19, 2010, the following individuals were appointed to the Architectural Review Oversight Subcommittee of Planning Commission. Mr. Mike Hemmig, Planning Commission member Colonel Robert Welsh, Planning Commission member Mr. Terry Jackson, Architect with Jackson Architects, Design Professional Mr. Jerry Peters, Facilities/Planning with Bayhealth Medical Center, Design Professional Mayor’s designee (Mr. David Bonar upon confirmation of ability to serve) Alternates: Mrs. Arden Bardol, Architect with Becker Morgan Group, Design Professional Mr. Jack Pepper, Architect with Delaware Architects, LLC, Design Professional The Planning Commission must appoint the members of the Subcommittee. The membership of the Architectural Review Oversight Subcommittee shall consist the following: Planning Commission member Planning Commission member Design Professional with experience in construction Design Professional with experience in construction Mayor or Mayor’s designee Alternates: 2 Design Professionals with experience in construction