r Board of Adjustment Meeting Paperless Packet

CITY OF DOVER, DELAWARE BOARD OF ADJUSTMENT MEETING Wednesday, January 21, 2026 at 9:00 AM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA IN-PERSON and VIRTUAL MEETING This Board of Adjustment Meeting for January 21, 2026 will be held in City Hall, City Council Chambers. The public is welcome to attend in person. The Meeting will also be provided as a Virtual Meeting using Webex, an audio/video conferencing system as an electronic means of communication. See participation information below to join by phone or computer.. PUBLIC PARTICIPATION INFORMATION To Attend City of Dover Board of Adjustment Meeting of January 21, 2026 at 9:00 AM Join by Phone: Dial 1-650-479-3208 Access Code: 253 595 53703 Password for Phones: 36837262 Join Online: https://bit.ly/BOA01212026 Webinar Number: 2535 955 3703 Webinar Password: DoverBOA If you are new to Webex, get the app now at https://www.webex.com/ to be ready when the meeting starts. For problems accessing the meeting, please call the Planning Office at (302) 736-7196. Written comments are accepted via mail to City of Dover – Board of Adjustment, P.O. Box 475 Dover, DE 19903 and via email at CompPlan@dover.de.us. WELCOME ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES 1. Adoption of Minutes of December 17, 2025 1

BOARD OF ADJUSTMENT MEETING - January 21, 2026 PAGE 2 COMMUNICATIONS & REPORTS Meeting Reminder: The next Board of Adjustment Meeting date is February 18, 2026 at 9:00 AM. NEW BUSINESS The following Application was filed for Review and Public Hearing before the Board of Adjustment: 2. Application #V-26-01 Proposed 7-Eleven Convenience Store with Fuel Pumps Sign Variance Request Series of properties referred to as 736 N. DuPont Highway. A Request has been made for a Variance from the requirements of Zoning Ordinance, Article 5 §4.7 associated with signage for a new convenience retail store with fuel pumps and site improvements. The Variance Request seeks to allow the installation of a 99.6 SF pylon sign along the North State Street frontage of the development area (current property at 1021 N. State Street). North State Street is an urban minor arterial where pylon signs are not a permitted freestanding sign type. The development area consists of four (4) properties to be consolidated and that are zoned C-4 (Highway Commercial Zone). The owners of record are Harrington Four Seasons, LLC and Asher Four Seasons, LLC; the equitable owner is Dover DuPont State, LLC. Property Addresses: 736 N. Dupont Highway, 738 N. DuPont Highway, 1021 N. State Street and 1027 N. DuPont Highway. Tax Parcels: ED-05-068.09-01-07.00-000, ED-05-068.09-01-06.00-000, ED-05-068.09-01-04.01-000 and ED-05-068.09-01-04.00-000. OLD BUSINESS 3. Continued Discussion of Draft Rules of Procedure for Board of Adjustment PUBLIC COMMENTS OPPORTUNITY ADJOURN Posted Agenda: January 14, 2026 THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 2

Item 1. MINUTES OF BOARD OF ADJUSTMENT MEETING OF DECEMBER 17, 2025 o The Meeting Minutes of the December 17, 2025 are still being prepared. o Adoption of the Meeting Minutes may be considered at the February 18, 2026 meeting of the Board of Adjustment. 3

Item 2. City of Dover Board of Adjustment January 21, 2026 V-26-01 Title: Property at 736 N. DuPont Highway - Application for a Variance: Signage Location: North end of the peninsula at Route 13 (North Dupont Highway) and North State Street just south of Leipsic Road Address: 736 N. DuPont Highway, 738 N. DuPont Highway, 1021 N. State Street, 1027 N. State Street Owner: Harrington Four Season, LLC and Asher Four Seasons, LLC Tax Parcel: ED05-068.09-01-07.00-000, ED05-068.09-01-06.00-000, ED05-068.09-01-04.01-000, ED05-068.09-01-04.00-000 Application Date: November 12, 2025 Present Zoning: C-4 (Highway Commercial Zone) Present Use: Multiple businesses (to be demolished) Proposed Use: 7-Eleven Convenience Store with Fuel Pumps Reviewed By: Ann Marie Townshend, AICP, Planning Consultant (Rossi Group) Dawn Melson-Williams, AICP, Principal Planner Variance Type: Area Variance Variances Requested: Request has been made for a Variance from the requirements of Zoning Ordinance, Article 5 §4.7 associated with signage for a 7-Eleven convenience store with fuel pumps. The Variance Request seeks to allow installation of a pylon sign on the North State Street frontage of the development area and to allow for 99.6 SF of sign area. Note: This Review Report was initially prepared by staff of the Rossi Group (under a Planning Services contract with the City of Dover). The Report was completed with additional review and editing by the City’s Planning Office. Project Description The subject property (736 & 738 N. DuPont Highway and 1021 & 1027 N. State Street) is bounded by North State Street on the west and North DuPont Highway on the east, located just 4

V-26-01 Property at 736 N. DuPont Highway (and others), Dover DE: Variance for Signage Item 2. Board of Adjustment Report Page 2 of 11 south of the intersection of North State Street and North DuPont Highway, south of TD Bank. A Site Development Plan application (S-25-15) for redevelopment of the four parcels for a 7-Eleven convenience store with gas pumps was granted conditional approval by the Planning Commission on October 20, 2025. Property and Adjacent Properties: Zoning and Land Use The 1.52 acre (66,329 SF) +/- property (combination of four parcels) is zoned C-4 (Highway Commercial Zone). Adjoining properties north and south of the subject site are zoned C-4 and include business uses. To the east, across North DuPont Highway, there are additional properties zoned C-4, that also have businesses operating. To the west, across North State Street is the Silver Mill Apartments, zoned RG-1. North DuPont Highway is an Urban Principal Arterial. North State Street is an Urban Minor Arterial. A Map Exhibit (Exhibit B) prepared by Staff is attached to this Report. It shows the subject property’s (development area) location and the surrounding zoning. Map Exhibit C shows an aerial view of the area with its existing buildings (prior to proposed redevelopment). Code Citations C-4 (Highway Commercial Zone) The subject project area is zoned C-4 (Highway Commercial Zone). Zoning Ordinance, Article 3 Section 16 lists the permitted uses, conditional uses, and other provisions of the C-4 zone. See the following excerpt of the permitted uses in the C-4 zone. Article 3 Section 16 16.1 Uses permitted. In a highway commercial zone (C-4), no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any purpose, except the following: (a) Retail stores. (b) Business, professional or governmental offices. (c) Restaurants. (d) Personal service establishments. (e) Service establishments. (f) Hotels and motels. (g) Places of public assembly. (h) Bus terminal. (i) Wholesale, storage, warehousing, and distribution establishments. (j) Indoor or outdoor recreation and amusement establishments. (k) Hospitals and medical centers. (l) Drive-throughs. In the C-4 zone, the set of bulk standards for development is outlined in Zoning Ordinance, Article 4 Section 4.15 including setbacks, parking, height, FAR (Floor area ratio), lot coverage, etc. These regulations define the buildable area and the placement of the proposed building and fuel pump canopy. Sign Regulations The Zoning Ordinance, Article 5 Section 4 – Supplementary sign regulations outline the provision for the placement of signs. See the purpose statement in the code excerpt below. 5

V-26-01 Property at 736 N. DuPont Highway (and others), Dover DE: Variance for Signage Item 2. Board of Adjustment Report Page 3 of 11 Article 5 Section 4 4.1 Purpose statement. The purpose of this section is to create a legal framework for a comprehensive and balanced system of signs and other street graphics to facilitate an easy and pleasant communication between people and their environment. The ordinance from which this section is derived is enacted to avoid the visual clutter that is potentially harmful to vehicular and pedestrian safety, property values, business environment and opportunities, and community appearance. With these purposes in mind, it is the intent of this section to authorize the use of signs which are compatible with their surroundings, appropriate to the activity that displays them, expressive of the identity of individual activities and the community as a whole, and legible in the circumstances in which they are seen, understanding that it is important for the economic vitality of the community as well as individual businesses and institutions that they are clearly identified and their services are understood by the traveling public. The section further outlines the design requirements for different types of signs. Under consideration in this Application is a variance request to allow a pylon sign on the North State Street frontage of the property. Pylon signs are permitted only on Urban Principal Arterials. North State Street is an Urban Minor Arterial. Definitions for these terms are provided in the Zoning Ordinance, Article 5 §4.3 Sign Definitions. Urban minor arterials: Delaware (DE) Route 8 (including all alternative names); McKee Road; Saulsbury Road; College Road; North Street (from Saulsbury Road to the western city limits); Kenton Road (from College Road to DE Route 8); State Street (from Walker Road north to US Route 13 and Wyoming Avenue south to the southern city limits); Loockerman Street; Leipsic Road; Webbs Lane, New Burton Road, Scarborough Road, Walker Road and Governors Avenue (from Division Street to the southern city limits) are considered to be urban minor arterials under the provisions of this section. Urban principal arterial: US Route 13, Bay Road, and Court Street between 13 and Bay Road are considered to be urban principal arterials under the provisions of this ordinance. Delaware State Route 1 is not considered to be a road that will provide frontage for any parcel. The Zoning Ordinance, Article 5 §4.7 is a table of permitted signs (Sign Table) for properties based on the specific use, road type, and sign type. The North State Street frontage of this is a non-residential use adjacent to a residential district, and it has frontage on an urban minor arterial. See code excerpt below for the permitted signage. Pylon signs are not indicated, and for any sign type the maximum sign area is 32 SF. Article 5 Section 4.7 Permitted signs. Signs are permitted in all zones in accordance with the following table, which is a list of permitted sign types by use, proximity to residential uses and road classification. 6

V-26-01 Property at 736 N. DuPont Highway (and others), Dover DE: Variance for Signage Item 2. Board of Adjustment Report Page 4 of 11 Use Permitted Signs Percentage Road Sign Number Max. Max. Setback Exclusion Specific of Total Type Type Permitted Size Height (R.O.W.) Zone Wall Area Wall 2/frontage 32 S.F. N/A ≤ 15% N/A N/A Nonresidential Adjacent to Urban Monument Residential Minor or Post 1/entrance 32 S.F. 7 feet N/A 5 feet 20 feet Uses Arterial and Panel Use/Zones Post 1/frontage 16 S.F. 7 feet N/A 5 feet 10 feet Additionally, the following definitions are part of sign regulations of the Zoning Ordinance: Adjacent to residential: Property lines which are situated within 200 feet and which front on the same street as a parcel, or group of parcels containing residential uses, or that are zoned for residential uses, excluding residential uses and districts fronting on principal arterial roads. Frontage: For the purposes of this section, the term "frontage" refers to a parcel's property line along a right-of-way, be it public or private, excluding alleys and service drives that are abutting residential properties. The parcel must be directly adjacent to the right-of-way for it to be considered to have frontage. Sign: Any device visible from a public place whose essential purpose and design is to convey either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Pylon sign: A tall freestanding sign that is held up by a pole or poles. The supporting structure must be equal to or narrower than the sign itself. (See figure 5-7.) Figure 5-7 7

V-26-01 Property at 736 N. DuPont Highway (and others), Dover DE: Variance for Signage Item 2. Board of Adjustment Report Page 5 of 11 Monument sign: A low freestanding sign that is affixed to a base that is equal to or wider than the sign itself. The height of the sign is to be measured from the finished grade to the top of the sign. (See figure 5-3.) Figure 5-3 Applicant’s Proposed Project and Variances Requested The applicant has submitted a Site Map Plan Sheet (Exhibit E). This plan/drawing depicts the proposed convenience store with fuel pumps under a canopy and the proposed location of the pylon sign on North State Street, identified as P2. Exhibit F includes cut sheets and structural calculations for the proposed pylon sign. In October, the applicant submitted a Sign Permit Application (Application #25-1482) for signage proposed for the planned 7-Eleven. This submission, along with the Architectural and Signage submission are attached as Exhibit G1 and G2. The City’s planning consultant, Rossi Group, reviewed the submission and sent an email to the applicant identifying the necessary corrections (Exhibit H), which led to the applicant’s variance application. A pylon sign proposed for the North DuPont Highway, identified as P1 in Exhibit G1 and G2, is permitted as proposed. Other permissible signage includes the four wall signs (A1, A2, and A3), a canopy fascia sign (F1), and directional signage (D1 and D2), which will be reduced in height to four feet. The Applicant has requested a Variance from the requirements of Zoning Ordinance, Article 5 §4.7 associated with the proposed pylon sign (P2) on the North State Street frontage. The proposed pylon sign would be 30 feet tall with a sign area of 99.6 SF. The Zoning Ordinance, Article 5 §4.9 C. includes the following provisions for Gas Station Signage: C. Gas station signage. 1. Canopy signs. (a) Canopy sign height shall not exceed 30 feet. (b) Canopy sign copy shall be directed toward a public street. (c) Canopy sign area shall be limited to no greater than 20 percent of the area of the canopy face to which the sign is applied. 2. Exempt signs. (a) State or federal required price per gallon signage shall not count towards overall sign area for the site, unless they exceed 32 square feet in size. (b) Price per gallon signs not exceeding two square feet, located on the pump itself. 8

V-26-01 Property at 736 N. DuPont Highway (and others), Dover DE: Variance for Signage Item 2. Board of Adjustment Report Page 6 of 11 As proposed, the price per gallon signage on pylon sign P2 is not exempt from the area calculation because it exceeds 32 SF. It must be counted towards sign area. Exceptional Practical Difficulties Tests Zoning Ordinance, Article 9 §2 dictates the specific powers and duties of the Board of Adjustment with regard to granting variances. Specifically, the Board must determine: Article 9 2.1 Variance – The board shall have the authority to authorize variances from provisions of the Zoning Ordinance that are not contrary to public interest where the board determines that a literal interpretation of the Zoning Ordinance would result in undue hardship or exceptional practical difficulties to the applicant. In granting variances, the board shall determine that the spirit of the Zoning Ordinance is observed and substantial justice is done. 2.11 Area Variance. A variance shall be considered an area variance if it relates to bulk standards, signage regulations, and other provisions of the Zoning Ordinance that address lot layout, buffers, and dimensions. In considering a request for an area variance, the board shall evaluate the following criteria and document them in their findings of fact: (a) the nature of the zone in which the property lies; (b) the character of the immediate vicinity and the contained uses therein; (c) whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses; and (d) whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in his efforts to make normal improvements in the character of that use of the property that is a permitted use under the provisions of the Zoning Ordinance. Review of Application As part of the Application, the applicant was asked to summarize how the requested Variance relates to the above criteria. The applicant’s response (Exhibit D) along with a Staff assessment of the application in accordance with the required criteria is provided below. 1. The nature of the zone in which the property lies. Applicant Response: The property is located within a commercial zoning district intended to support retail, service, and auto-oriented uses along major transportation corridors. This district accommodates high-volume vehicular traffic and businesses that rely on clear roadway visibility for customer access. Freestanding signage, including pylon-style structures, is consistent with the overall commercial identity of this corridor. Staff Response: The subject property is zoned C-4 (Highway Commercial Zone), which permits auto-oriented uses along urban principal arterial roads. The C-4 zone in Dover is located along the DuPont Highway (US 13) corridor and along Bay Road. Pylon signs are typical within the C-4 zone along the frontage of the urban principal arterial roadways. 2. The character of the immediate vicinity and the contained uses therein. Applicant Response: The surrounding area along N. Dupont Highway and North State Street contains a variety of commercial uses, including fuel stations, convenience stores, 9

V-26-01 Property at 736 N. DuPont Highway (and others), Dover DE: Variance for Signage Item 2. Board of Adjustment Report Page 7 of 11 restaurants, and retail businesses. These properties commonly utilize freestanding signs positioned close to the roadway to ensure visibility for motorists. The proposed Sign P2 is located more than 150 feet from the nearest residential property, is oriented perpendicular to the roadway, and is visually buffered by existing mature trees. Its scale, placement, and purpose are consistent with the commercial character of the surrounding area and will not alter or detract from the established corridor. Staff Response: The subject property has frontage on North DuPont Highway and on North State Street. This area of North State Street is a transition area from the highway corridor and serves as a northern gateway to the residential neighborhoods in central Dover. In turning from North DuPont Highway to North State Street, the visual character of the roadway and surrounding properties changes. The speed limit of North State Street along the property frontage is 25 MPH; while the speed limit of North DuPont Highway along the property frontage is 40 MPH. Immediately surrounding properties on the east side of North State Street are zoned C-4. The property directly across the street is zoned RG-1 (General Residence Zone) and is Silver Mill Apartments. As you travel south along North State Street beyond Hiawatha Lane and Lepore Road, properties are zoned C-1A (Limited Commercial Zone) and C-2A (Limited Central Commercial Zone). These properties are made up of a variety of commercial uses. Exhibit I shows photos of the surrounding area. The adjacent property to the south of the development properties, Silver Lake Center, has frontage on North State Street and Lepore Road. It is zoned C-4. In 2000, Silver Lake Center was the subject of a Unified Comprehensive Signage Plan (US-00-04). A 12.33- foot-tall monument sign, comprising 78 SF of sign area was approved as part of this plan. This signage replaced a non-conforming 22-foot-tall, 96 SF pylon sign. Further south, on the west side of North State Street, Compass Pointe, was granted two variances for signage (V-08-20 and V-14-14). V-08-20 allowed for the property to have two one-sided monument signs instead of one, a reduced setback from 10 feet to 3 feet, and an increase in sign area from 32 SF to 51.7 SF. This variance was ultimately superseded by V-14-14, which granted an increase in sign height to 10 feet and an increase in sign area to 48 SF. The sign currently at this location complies with the variances granted through V-14-14. The addition of a 99.6 SF pylon sign for the 7-Eleven site on North State Street is not in keeping with the character of the surrounding area, as only monument signs are permitted and the proposed pylon sign would be the most prominent sign located on North State Street between North DuPont Highway and Walker Road. Additionally, the sign area requested exceeds the sign area of other signs along this roadway. 10

V-26-01 Property at 736 N. DuPont Highway (and others), Dover DE: Variance for Signage Item 2. Board of Adjustment Report Page 8 of 11 3. Whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses. Applicant Response: Granting this variance will not adversely affect neighboring residential properties or uses. While the City determined that the sign location qualifies as “adjacent to residential” under the Sign Regulations, the proposed pylon sign is located more than 150 feet away from the nearest residential use, is oriented perpendicular to residential views, and is visually screened by existing mature trees. Because of these physical conditions, the sign will not cast light toward residential areas, will not be visible from nearby homes, and will not contribute to glare or illumination spillover. Although the Sign Regulations limit pylon signs along Urban Minor Arterials and provide stricter standards for signage near residential uses, the primary intent of these restrictions is to prevent incompatible lighting and views affecting residential surroundings. The proposed sign location and directional orientation fully uphold this intent. The sign is positioned to provide visibility for motorists approaching the commercial entrance while maintaining protection of the nearby residences and ensuring continued compatibility with the surrounding environment. Staff Response: If the restriction regarding a pylon sign on the North State Street property frontage is removed, it would seriously affect neighboring properties and uses. The type of roadway as an urban minor arterial has lower speeds and is a secondary frontage for this development parcel. Even if the site were not adjacent to a residential use and residential zone, a pylon sign would not be permitted on North State Street and sign area of a freestanding sign would be limited to 64 SF. A 30-foot-tall, 99.6-SF sign would change the visual character of North State Street. If the variance is granted, this could serve as a precedent that could vastly change the character of the corridor. 4. Whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in his efforts to make normal improvements in the character of that use of the property that is a permitted use under the provisions of the Zoning Ordinance. Applicant Response: Strictly requiring a 7-foot, 32-square-foot monument sign would create an exceptional practical difficulty for this property and business use. As a fuel station and convenience store, the success and safe operation of the use rely heavily on advance visibility for motorists traveling at higher roadway speeds. Customers must be able to clearly identify fueling locations and make safe lane changes and turning movements into the site. In this context, a sign of the size permitted by right would be substantially obscured due to existing vegetation, the geometry of the roadway approach, and the overall commercial scale of the corridor. A reduced monument sign would fail to provide sufficient visibility for drivers, resulting in last- second movements that may create traffic safety concerns and negatively impact business operations. A pylon-style sign is the industry standard for fuel stations along major arterials because it provides necessary visibility from a distance to support safe decision-making by motorists. Many surrounding commercial uses in the corridor already utilize freestanding signage of similar height and scale. 11

V-26-01 Property at 736 N. DuPont Highway (and others), Dover DE: Variance for Signage Item 2. Board of Adjustment Report Page 9 of 11 Therefore, granting the variance enables reasonable signage functionality for a gasoline/convenience store use while continuing to protect adjacent residential properties through proper orientation and screening. Staff Response: If the variance for a pylon sign and for a sign area of 99.6 SF is not granted, this would not pose an exceptional practical difficulty for the applicant. As previously stated, the site is eligible for a pylon sign that is up to 30 feet in height and up to 150 SF in sign area on the North DuPont Highway frontage of the site. The applicant is permitted to install a monument sign of up to seven feet in height on the North State Street frontage. Additionally, if the sign area is reduced so that the price per gallon signage is 32 SF or less, this signage would not count toward the permitted sign area, allowing for up to 32 SF of branding signage, or a total of 64 SF for the monument. Variance Recommendations Staff recommends denial of the Variance to allow a pylon sign of 99.6 SF in sign area on North State Street, an urban minor arterial roadway. Staff recommends denial of the variance for reasons as follows: • The applicant has not demonstrated that the inability to install a pylon sign creates an exceptional practical difficulty. The subject site has frontage on two streets: on North State Street and on North DuPont Highway. It is permitted to install a pylon sign on the North DuPont Highway frontage and a monument sign on the North State Street frontage. • Both frontages can present the price per gallon information on the types of freestanding signage allowed and within the sizing parameters allowed by the Sign Regulations found in the Zoning Ordinance. • If the variance is granted, the proposed signage would not be in keeping with the character of the North State Street corridor and surrounding area. • Granting the variance could establish a precedent that could degrade the visual character of North State Street and other urban minor arterial roadways in Dover. Advisory Comments to the Applicant • If granted, the variance becomes null and void if work has not commenced within one (1) year of the date the variance was granted. At present there is no provision for extension. • If the requested variance is granted, the Applicant must still obtain the appropriate Site Development Plan and construction activity Permits approvals for construction of a Building on the property. The Planning Commission granted conditional approval for the Site Development Plan (S-25-15); and it is currently in the check print review phase. • The placement of signs at the property and building is subject to the provisions of the Zoning Ordinance, Article 5 §4. A Sign Permit application is required to be submitted for review. The Sign Permit Application (#25-1482) may need to be revised pending the outcome of this variance request. It is noted that there are certain types of signage that do not require a Sign 12

V-26-01 Property at 736 N. DuPont Highway (and others), Dover DE: Variance for Signage Item 2. Board of Adjustment Report Page 10 of 11 Permit for their placement. Continue consultation with the Planning Office to classify all signage proposed for the project. • The Applicant should be aware that whenever the Board of Adjustment denies an application for a variance, such application for a variance, or an application on the same property, which is substantially similar, shall not be accepted for reconsideration by the Board of Adjustment sooner than one year from the date of denial (Zoning Ordinance, Article 9 §3.8). 13

V-26-01 Property at 736 N. DuPont Highway (and others), Dover DE: Variance for Signage Item 2. Board of Adjustment Report Page 11 of 11 GUIDE TO ATTACHMENTS Exhibit Description/Author # Pages A BOA Application Form & Letter from Property Owner 2 B Zoning Map Exhibit (Staff) 1 C Planning & Inspections View Map – Aerial Map Exhibit 1 (Staff) D Applicant’s Written Responses: Narrative 3 E Site Map Showing Location of Requested Pylon 2 F Cut Sheets for Proposed Pylon Sign & Structural 5 Calculations G1 Sign Permit Application (#25-1482) with Attachments 23 G2 Architecture & Signage Plan 22 H Email to Applicant Noting Sign Noncompliance 1 I Photos of North State Street Surrounding Area 1 14

City of Dover, DE Exhibit A Updated Department of Planning and Inspections _______ Area Variance P.O. Box 475, Dover, Delaware 19903 _______ Use Variance (302) 736-7010 Fax: (302) 736-4217 _______ Appeal www.cityofdover.com _______ Pre-App Date Board of Adjustment Application Application Information Property Address: ___________________________________________________________________________________ Tax Parcel Number: _________________________________________________________________________________ Owner Name: ________________________________________________________________________________________ Property Zoning: _____________________________________________________________________________________ Variance (s) Requested: _____________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ *Provide eight (8) copies of any survey, drawings, photos, site plan, etc. that may help support your application, and your response to the criteria. The criteria for a use variance and appeal are on the back of the form. Area Variance An area variance shall be evaluated on the following criteria: Please state how your request meets each of these four (4) criteria. 1. The nature of the zone in which the property lies; 2. The character of the immediate vicinity and the contained uses therein; 3. Whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses; and 4. Whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in his efforts to make normal improvements in the character of that use of the property that is permitted uses under the provisions of the zoning ordinance. Signature I ______________________________________________do affirm that I am the property owner on which the variance is sought and that all the information provided in this application is accurate to the best of my knowledge and belief. _________________________________________________________________________________________________________________ Signature Title Date BOA Application. –Adopted 11-3-10

Item 2. 16

City of Dover e Department of Planning & Inspections Exhibit B Application No.: V-26-01 Item 2. IO SC-2 CPO RG-1 C-2A Title: Proposed 7-Eleven Convenience Store Addresses: with Fuel Pumps - Sign Variance Request 736 N Dupont Hwy, 738 N Dupont Hwy, Legend 1021 N State St, & 1027 N State St Subject Property Parcel ID: ED0S-068.09-01-07.00-000, ED0S-068.09-01-06.00-000, ED 0S-068.09-01-04.01-000, & ED0S-068.09-01-04.00-000 c::::I Dover Boundary Zoning: C-4 (Highway Commercial Zone) c::::J Zoning Owner: Harrington Four Seasons, LLC & Asher Four Seasons, LLC. � Kent County Parcels Equitable Owner Dover DuPont State, LLC Date: 1/7/2026 Building Footprints � Dover Parcels 0 200 400 800 Feet SWPOZ Tier 3 17

Exhibit C Item 2. 18 Microsoft, Vantor

Exhibit D Item 2. AREA VARIANCE NARRATIVE – CITY OF DOVER Subject Property: 736 N. Dupont Hwy, Dover, DE 19901​ Variance Request: Allow installation of a pylon sign (Sign P2) in a location where pylon signs are prohibited on an Urban Minor Arterial and where monument signs are normally required adjacent to residential uses. 1. The nature of the zone in which the property lies The property is located within a commercial zoning district intended to support retail, service, and auto-oriented uses along major transportation corridors. This district accommodates high-volume vehicular traffic and businesses that rely on clear roadway visibility for customer access. Freestanding signage, including pylon-style structures, is consistent with the overall commercial identity of this corridor. 2. The character of the immediate vicinity and the existing uses therein The surrounding area along N. Dupont Highway and North State Street contains a variety of commercial uses, including fuel stations, convenience stores, restaurants, and retail businesses. These properties commonly utilize freestanding signs positioned close to the roadway to ensure visibility for motorists. The proposed Sign P2 is located more than 150 feet from the nearest residential property, is oriented perpendicular to the roadway, and is visually buffered by existing mature trees. Its scale, placement, and purpose are consistent with the commercial character of the surrounding area and will not alter or detract from the established corridor. 19

Item 2. 3. Whether removal of the restriction would adversely affect neighboring properties and uses Granting this variance will not adversely affect neighboring residential properties or uses. While the City determined that the sign location qualifies as “adjacent to residential” under the Sign Regulations, the proposed pylon sign is located more than 150 feet away from the nearest residential use, is oriented perpendicular to residential views, and is visually screened by existing mature trees. Because of these physical conditions, the sign will not cast light toward residential areas, will not be visible from nearby homes, and will not contribute to glare or illumination spillover. Although the Sign Regulations limit pylon signs along Urban Minor Arterials and provide stricter standards for signage near residential uses, the primary intent of these restrictions is to prevent incompatible lighting and views affecting residential surroundings. The proposed sign location and directional orientation fully uphold this intent. The sign is positioned to provide visibility for motorists approaching the commercial entrance while maintaining protection of the nearby residences and ensuring continued compatibility with the surrounding environment. 4. Whether denying the variance would create unnecessary hardship or exceptional practical difficulty Strictly requiring a 7-foot, 32-square-foot monument sign would create an exceptional practical difficulty for this property and business use. As a fuel station and convenience store, the success and safe operation of the use rely heavily on advance visibility for motorists traveling at higher roadway speeds. Customers must be able to clearly identify fueling locations and make safe lane changes and turning movements into the site. In this context, a sign of the size permitted by right would be substantially obscured due to existing vegetation, the geometry of the roadway approach, and the overall commercial scale of the corridor. A reduced monument sign would fail to provide sufficient visibility for drivers, resulting in last-second movements that may create traffic safety concerns and negatively impact business operations. A pylon-style sign is the industry standard for fuel stations along major arterials because it provides necessary visibility from a distance to support safe decision-making by motorists. Many surrounding commercial uses in the corridor already utilize freestanding signage of similar height and scale. Therefore, granting the variance enables reasonable signage functionality for a gasoline/convenience store use while continuing to protect adjacent residential properties through proper orientation and screening. 20

Item 2. Conclusion ; Approval of this variance will allow signage that appropriately supports a new business establishing itself in the community. The proposed pylon sign provides clear communication to motorists, enhances safe site access, and supports the operational needs typical of a fuel station and convenience store without creating negative effects on surrounding properties. The variance aligns with the commercial character of the corridor, respects nearby residential areas, and contributes to a well-functioning and successful commercial use at this location. 21

Item 2. 22

Item 2. 23

Item 2. 24

Item 2. 25

Item 2. 26

Item 2. 27

Item 2. 28

Exhibit G1 Item 2. 29

Item 2. 30

Item 2. 31

Item 2. 32

Item 2. 33

Item 2. 34

Item 2. 35

Item 2. 36

Item 2. 37

Item 2. 38

Item 2. 39

Item 2. 40

Item 2. 41

Item 2. 42

Item 2. 43

Item 2. 44

Item 2. 45

Item 2. 46

Item 2. 47

Item 2. 48

Item 2. 49

Item 2. 50

Item 2. 51

SITE PLAN VERSION: 1057018 Dover, DE - Concept 2.4.25 ELEVATION VERSION: SEI Prelim Elevations - 9350 SIPS Exhibit G2 SITE PLAN Item 2. Approved By 7-Eleven Construction Manager Name : D1 Signed: Date: NOTE: VARIANCE NEEDED TO PLACE PYLON @ P/L F2 F1 P1 NOTE: VARIANCE NEEDED TO PLACE DIRECTIONALS OUTSIDE OF P/L. F2 F3 D2 PRODUCT LIST F3 A2 SQ. FT. QTY ITEM D2 EXTERIOR BUILDING SIGNS S A1 45 1 7' SF KEYSTONE WALL SIGN E A2 48 2 8' WALL CHANNEL LOGOS A1 A3 27 1 6' WALL CHANNEL LOGO ARCHITECTURAL ELEMENTS D1 A2 E N/A 2 WELCOME VINYLS A3 S N/A 1 CHANNEL STRIPES SET E EXTERIOR GROUND SIGNS 15' SET BACK FROM P/L P1 99.6 1 DF PYLON SIGN P2 99.6 1 DF PYLON SIGN D1 6 2 DF DIRECTIONAL SIGN (ENTER) D2 6 2 DF DIRECTIONAL SIGN (EXIT) FUEL CANOPY FASCIA SIGNS P2 F1 33.3 1 CHANNEL LETTER SET FUEL CANOPY FASCIA DECORATION 15' SET BACK FROM P/L F2 N/A 2 CHANNEL STRIPES SETS NORTH FUEL CANOPY FASCIA ITEMS BY OTHERS (nts) F3 N/A 2 VINYL STRIPES & DOWN LIGHTING (BY OTHERS) Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman52 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 1 of 22

Zoning map - City of Dover DE - C4 Hwy Commercial. Item 2. Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman53 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 2 of 22

SCALE: 3/32" = 1'-0' PRELIM. ELEVATIONS (GEN 2) BUILDING SIGNS -Code: Equal to or less than 15% of total wall area; For purposes of calculating wall area, Item 2. calculations shall include height of wall from ground level to roofline, then multiplied by width of wall - No Maximum. Note: Stripes will likely be considered architectural lighting and will not be counted as signage. 93' 62'-8" +/- (VERIFY) 53" 48" A1 S CL 24'-8" E 14'-1" FRONT ENTRANCE VERIFY CL PROPOSED: 45 SF A3 24'-8" 21'-4" E E 13'-4" REAR CL PROPOSED: 27 SF Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman54 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 3 of 22

SCALE: 3/32" = 1'-0' PRELIM. ELEVATIONS (GEN 2) BUILDING SIGNS -Code: Equal to or less than 15% of total wall area; For purposes of calculating wall area, Item 2. calculations shall include height of wall from ground level to roofline, then multiplied by width of wall - No Maximum. 50' A2 24'-8" 21'-4" 14'-0" PROPOSED: 48 SF LEFT SIDE 50' A2 21'-4" 12'-0" RIGHT SIDE PROPOSED: 48 SF Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman55 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 4 of 22

Item 2. A1 Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman56 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 5 of 22

8' WALL CHANNEL LOGO (FACE & HALO LIT) - NEW IMAGE 2024 Item 2. A2 FACES: CLEAR ACRYLIC WITH 2ND SURFACE APPLIED VINYL. (CLEAR ACRYLIC BACKS W/ 36355-30 WHITE FILM) TRIM CAP: 1" JEWELITE WHITE, PAINT TM RETURN. RETURNS: ALUMINUM PAINTED TM FACE COLOR ILLUMINATION: WHITE LEDS Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman57 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 6 of 22

6' WALL CHANNEL LOGO (FACE & HALO LIT) - NEW IMAGE 2024 Item 2. A3 4'-6" 18" 6'-0" 12.75" 18" 18" FACES: CLEAR ACRYLIC WITH 2ND SURFACE APPLIED VINYL. (CLEAR ACRYLIC BACKS W/ 36355-30 WHITE FILM) TRIM CAP: 1" JEWELITE WHITE, PAINT TM RETURN. RETURNS: ALUMINUM PAINTED TM FACE COLOR ILLUMINATION: WHITE LEDS 27 Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman58 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 7 of 22

WELCOME VINYL ONLY Item 2. E 59" OPAQUE WHITE WELCOME VINYL LETTERS FOR FIRST SURFACE IN FIELD APPLICATION TO NEW BLDG. CANOPY FACE. Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman59 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 8 of 22

BUILDING TRI-STRIPE BAND CHANNEL SET - NEW IMAGE 2024 Item 2. S 204.25" +/- 432.5" +/- GREEN STRIPE GREEN STRIPE 203" +/- 378" +/- ORANGE STRIPE ORANGE STRIPE 53" 48" 6.25" 34" 9" 6.25" 205.5" +/- 481.5" +/- RED STRIPE RED STRIPE 6.25" 6.25" 9" 6.25" 6.25" STRIPE LENGTH SIZES SHOWN ARE APPROXIMATE AND SUBJECT TO CHANGE. ESTIMATES PROVIDED TRI-STRIPE BASED ON THE ABOVE SIZES ARE ALSO SUBJECT TO CHANGE. FIELD SURVEY REQUIRED PRIOR BAND SET TO MANUFACTURING. Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman60 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 9 of 22

CONCEPT ELEVATIONS ONLY FUEL CANOPY FASCIA CHANNEL STRIPES & LETTERS BY CUMMINGS - NEW IMAGE 2024 97' (TYP.) Item 2. F2 F1 Code: Wording allowed on canopy; stripes likely counted as architectural. Canopy sign area shall be limited to no greater than 20% of area of canopy face which sign is applied. FRONT (FACING STREET) - ILLUMINATED LETTERS & STRIPES BY CUMMINGS 48" 53" RED STRIPE TO BE 2/3 OF LONG F3 CANOPY FASCIA LENGTH REAR (FACING STORE) -VINYL STRIPES & DOWN LIGHTING BY OTHERS 36" TYP. 51' (TYP.) 32" STRIPES OAH EXISTING FASCIA F3 F2 VINYLS & DOWN LIGTING BY OTHERS F3 EXAMPLE NOT ACTUAL PRODUCT DOWN LIGHTING BY OTHERS TBD LEFT SIDE -VINYL STRIPES & DOWN RIGHT SIDE - ILLUMINATED STRIPES BY CUMMINGS LIGHTING BY OTHERS TBD" SECTION VIEW @ DOWN LIGHT HOOD Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman61 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 10 of 22

INTERNALLY ILLUM. REMOTE CHANNEL LETTERS - NEW IMAGE 2024 Item 2. F1 Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman62 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 11 of 22

FUEL CANOPY CHANNEL TRI-STRIPE SETS - NEW IMAGE 2024 Item 2. F2 97'-0" EXISTING CANOPY LENGTH 532" RED STRIPE 484" GREEN STRIPE 431" ORANGE STRIPE 15'-0" 64" ON STREET FACING ELEVATION ONLY WITH ILLUMINATED STRIPES WRAPPING TO THE RIGHT SIDE 4" 511" 53" 48" 4" CORNER 51'-0" EXISTING CANOPY LENGTH TRI-STRIPE CORNER SECTION 6.25" 6.25" 9" 6.25" 6.25" TRI-STRIPE BAND SET Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman63 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 12 of 22

SCALE: 1/8" = 1'-0" 7' KEYSTONE DF PYLON SIGN SYSTEM NEW IMAGE 2024 Item 2. P1 DF INTERNALLY ILLUMINATED PYLON SIGN 7-ELEVEN SIGN HEAD 8" 7'-1 3/8" 8" 8" DEEP, DF EXTRUDED ALUMINUM CABINET DIMENSIONAL DETAILS & RETAINERS PAINTED GREEN. 6'-5" PROPORTIONAL TO HEIGHT OF THE FACE PAN-FORMED & EMBOSSED CLEAR POLYCARBONATE FACES W/2ND SURFACE DECORATION LED ILLUMINATION 7'-0" FABRICATED ALUM. RECESSED BOX CAN TO BE PAINTED TRICORN BLACK. FUEL PRICE SIGN HEAD 8" DEEP, DF EXTRUDED ALUMINUM CABINET & 1" EXPOSED FLAT GREEN FLANGE 7'-0" RETAINER PAINTED TRICORN BLACK SW 6258 RAISED CAN WITH 1/2" PAN-FORMED CLEAR POLYCARBONATE FACES 30'-0" O.A.H. REMOVABLE RETAINERS BACK SPRAYED BLACK WITH WHITE RECTANGLES FOR FLAT CLEAR ACRYLIC WORD PLATES WITH NOTE: 1 1/2" CLEARANCE COPY WEEDED FROM BLACK & GREEN BACK- ABOVE TOP OF FUEL PRICE CABINET REQUIRED. GROUNDS TO SLIDE INTO 1ST SURFACE APPLIED CLEAR TRACKS. FLAT PCU TACK (PWM) 22" WHITE LED DIGITS 15'-10 1/2" WORD PLATES: 7" X 54" CLEAR ACRYLIC W/ 4" COPY LED ILLUMINATION WEEDED FROM BLACK VINYL TM FACE. 7-ELEVEN COLORS 7" X 54" CLEAR ACRYLIC W/ 4" COPY WEEDED FROM GREEN VINYL 99.6 SQ. FT. FREESTANDING SIGNAGE - Code: Monument: 100sf / Setback is minimum of 15' & Pylon: 150SF if setback is 31' or more. Can have (1) pylon or monument per frontage. Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman64 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 13 of 22

SCALE: 1/8" = 1'-0" 7' KEYSTONE DF PYLON SIGN SYSTEM NEW IMAGE 2024 Item 2. P2 DF INTERNALLY ILLUMINATED PYLON SIGN 7-ELEVEN SIGN HEAD 8" 7'-1 3/8" 8" 8" DEEP, DF EXTRUDED ALUMINUM CABINET DIMENSIONAL DETAILS & RETAINERS PAINTED GREEN. 6'-5" PROPORTIONAL TO HEIGHT OF THE FACE PAN-FORMED & EMBOSSED CLEAR POLYCARBONATE FACES W/2ND SURFACE DECORATION LED ILLUMINATION 7'-0" FABRICATED ALUM. RECESSED BOX CAN TO BE PAINTED TRICORN BLACK. FUEL PRICE SIGN HEAD 8" DEEP, DF EXTRUDED ALUMINUM CABINET & 1" EXPOSED FLAT GREEN FLANGE 7'-0" RETAINER PAINTED TRICORN BLACK SW 6258 RAISED CAN WITH 1/2" PAN-FORMED CLEAR POLYCARBONATE FACES 30'-0" O.A.H. REMOVABLE RETAINERS BACK SPRAYED BLACK WITH WHITE RECTANGLES FOR FLAT CLEAR ACRYLIC WORD PLATES WITH NOTE: 1 1/2" CLEARANCE COPY WEEDED FROM BLACK & GREEN BACK- ABOVE TOP OF FUEL PRICE CABINET REQUIRED. GROUNDS TO SLIDE INTO 1ST SURFACE APPLIED CLEAR TRACKS. FLAT PCU TACK (PWM) 22" WHITE LED DIGITS 15'-10 1/2" WORD PLATES: 7" X 54" CLEAR ACRYLIC W/ 4" COPY LED ILLUMINATION WEEDED FROM BLACK VINYL TM FACE. 7-ELEVEN COLORS 7" X 54" CLEAR ACRYLIC W/ 4" COPY WEEDED FROM GREEN VINYL 99.6 SQ. FT. FREESTANDING SIGNAGE - Code: Monument: 100sf / Setback is minimum of 15' & Pylon: 150SF if setback is 31' or more. Can have (1) pylon or monument per frontage. Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman65 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 14 of 22

SCALE: 3/4" = 1'-0" DF DIRECTIONAL SIGN - NEW IMAGE 2024 Item 2. 2'-0" 2'-0" D1 D2 19" 19" 3'-0" 3'-0" 5'-0" O.A.H. 5'-0" O.A.H. OPPOSITE SIDE OPPOSITE SIDE 6" 6" INSTALL NOTE: ENTER DIRECTIONAL INSTALL NOTE: EXIT DIRECTIONAL ENTER: ARROWS TO POINT TOWARD PROPERTY. ARROWS POINT TOWARD STREET OR AWAY FROM PROPERTY. DIRECTIONAL SIGNAGE - Code: Allowable area NTE 8sf./4' MAX OAH/max area 5sf. 6 SQ. FT. Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman66 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 15 of 22

Item 2. Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman67 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 16 of 22

Item 2. Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman68 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 17 of 22

Item 2. Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman69 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 18 of 22

Item 2. Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman70 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 19 of 22

Item 2. Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman71 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 20 of 22

Item 2. Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman72 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 21 of 22

Item 2. Job Location: Site # 1057018 D-ORDER# 1590611591 TdP 736 N. Dupont Hwy Project Mgr.: Michelle Hoffman73 Dover DE 19901 michelle.hoffman@cummingssigns.com Date: February 10, 2025 Page: 22 of 22

Exhibit H Item 2. 74

Item 2. Exhibit I: Photos of North State Street Corridor Compass Point Sign Silver Lake Center Sign N. State Street Looking South N. State Street Looking North 75

Item 3. RULES OF PROCEDURE OF THE BOARD OF ADJUSTMENT OF CITY OF DOVER, DELAWARE These rules shall govern the procedure of the Board of Adjustment of the City of Dover, Delaware. Definitions "Agenda" includes but is not limited to a general statement of the major issues expected to be discussed at a public meeting, as well as a statement of intent to hold an executive session and the specific ground or grounds therefor. "City" means the City of Dover, Delaware, unless otherwise specified. "Board of Adjustment" or "Board" means the Board of Adjustment of the City of Dover, Delaware. "Meeting" means the formal or informal gathering of a quorum of the members of the Board of Adjustment for the purpose of discussion or taking action on public business. "Chairman" means the Chairman of the Board of Adjustment. "Presiding Officer" means the Chairman of the Board of Adjustment, or such other person who presides over the meetings of the Board of Adjustment, pursuant to the Rules of the Board of Adjustment. "Public business" means any matter over which the Board of Adjustment has supervision, control, jurisdiction or advisory power. 76

Item 3. Rule 1 - Duties 1.1 The Chairman shall preside at all meetings or hearings of the Board, decide all points of order or procedure, and perform all duties required by law or these Rules. 1.2 The Department of Planning and Inspections shall conduct, at the discretion of the Board, all official correspondence of the Board, send out all notices required by law and by these Rules of Procedure, keep records of each examination of other official action of the Board and perform all duties required by law and these Rules of Procedure. 1.3 In the absence of the Chairman, the presiding officer, with all powers and duties of the Chairman enumerated herein, shall be the Vice - Chairman as elected from its membership by a majority vote of all of the members of Board of Adjustment. In the absence of the Vice- Chairman, the presiding officer, with all powers and duties of the Chairman enumerated herein, shall be such other member of the Board of Adjustment as is elected by a majority vote of the members of Board of Adjustment present. Rule 2 - Order of Business; Conduct of Meetings 2.1 The order of business at each regular meeting of the Board of Adjustment shall be as follows: Call to Order Pledge of Allegiance Roll Call Approval Agenda Approval of Minutes Communications of Reports Old Business New Business Adjournment 77

Item 3. 2.2 The order of business can be altered at any duly constituted meeting by an affirmative vote of a majority of the Board of Adjustment members present. The privilege of the floor may be granted to the public at any time by presiding officer. 2.3 During public hearings, the presiding officer may set reasonable time limits on public comments. An individual may submit a written statement in lieu of or in addition to verbal comments. The presiding officer may terminate or limit testimony which is irrelevant or unduly repetitive. 2.4 Every attempt will be made to complete all business scheduled. In the event that the presentation of a scheduled agenda item takes longer than reasonably anticipated, the presentation may be suspended by approval of majority of the Board of Adjustment members present. A motion to suspend a presentation should, to the extent possible, include the date and time at which the remainder of the presentation will be heard. 2.5 Testimony at public hearings shall be taken under oath which shall be administered by the Board's attorney or any other individual as may be directed by the presiding officer. Rule 3 - Meetings of the Board of Adjustment 3.1 Regular meetings shall be held in City of Dover City Hall Council Chamber or such other location as designated by majority vote of all the members of the Board of Adjustment. 3.2 Regular meetings shall convene at 9:00 A.M. on those days when a meeting has been properly noticed and advertised. 78

Item 3. 3.3 Special meetings and executive sessions may be held as provided in Title 29, Chapter 100 of the Delaware Code. Special meetings may be called by the Chairman upon at least 48 hours' notice to each member. The Chairman shall call a special meeting within 10 days of receipt of a written request from any two members of the Board. Notice of a special meeting shall include an explanation as to why the notice required in Rule 4 could not be given. 3.4 Except for executive sessions, all meetings shall be open to the public. 3.5 Minutes of all meetings, including executive sessions, shall be kept and made available for public inspection and copying. At a minimum, the minutes shall include a record of attendance and a record, by individual members of the Board of Adjustment, of each vote taken and each action agreed upon. Rule 4 - Public Notice of Meetings 4.1 Public notice of all meetings shall be posted on the public bulletin board located in City Hall and on the official City of Dover website. 4.2 Public notice, property posting and advertisement of meetings and public hearings shall comply with all applicable provisions of State law and City of Dover ordinances. In addition, notice of a public hearing shall be mailed to an appellant or applicant (or attorney or agent of the appellant or applicant) at least 15 days before the date of the hearing. Rule 5 - Agenda 5.1 The agenda for Board of Adjustment meetings shall be available to members of the Board of Adjustment at least one week prior to the scheduled meeting. 5.2 The Director of the Department of Planning and Inspections shall be responsible for the preparation and contents of the agenda. Any member of the Board of Adjustment may place items on the agenda by contacting the Director of Planning and Inspections, either verbally or in writing, prior to the posting of the agenda. Any other person may 79

Item 3. request to have items placed on the Board of Adjustment agenda by notifying the Director of Planning and Inspections, in writing; provided, however, that items requested to be placed on the agenda that are not, in the opinion of the Director or Planning and Inspections, of Board of Adjustment jurisdiction, or which do not meet requirements of notice or advertisement, will not be placed on the posted agenda. Those items that do not qualify as Board of Adjustment business will be responded to by the Director of Planning and Inspectiuons and copied to the members of the Board of Adjustment. 5.3 Items which arise at the time of the Board of Adjustment's meeting may be added to the agenda, and items may be deleted from the agenda, by a majority vote of all of the members of the Board of Adjustment present, subject to requirements of advertisement and other applicable provisions of state law and City of Dover ordinance. Rule 6 - Attendance of Members of the Board of Adjustment at meetings; Quorums 6.1 No members of the Board of Adjustment shall be absent from scheduled meetings or from other official duties without cause. When 80

Item 3. unable to attend a scheduled meeting, a member of the Board of Adjustment shall be responsible for notifying one of the following: the Chairman, the Director of Planning and Inspections, another Board of Adjustment member, or a staff member of the Office of Planning and Inspections. 6.2 The presence of no less than three (3) members of the Board of Adjustment shall constitute a quorum. 6.3 When a quorum is not present at any properly called meeting, the members of the Board of Adjustment present may adjourn. 6.4 If no members of the Board of Adjustment are present, any staff member of the Office of Planning and Inspections may adjourn the meeting. 6.5 Three (3) affirmative votes shall be required to approve any special use exception or variance. Failure to receive three (3) affirmative votes shall be deemed to disapprove any matter. 6.6 Any other matter may be decided by majority vote of Board of Adjustment members present. Rule 7 - Voting Procedure 7.1 On each motion duly made and seconded, the presiding officer shall call the roll or determine the vote in some other manner, and announce the results. 7.2 A written record shall be made of the vote by each member of the Board of Adjustment on each vote taken. Said record shall also reflect the number of "aye" votes, the number of "nay" votes and the number of "abstaining" votes. Rule 8 - Record Keeping 81

Item 3. 8.1 A file shall be kept in the Office of Planning and Inspections of all Board of Adjustment meetings. The file shall include copies of meeting notices (including the time, date and place where they were posted), the agenda and the minutes of the meeting. Rule 9 - Minutes of Board of Adjustment Meetings 9.1 Minutes shall be taken of each meeting of the Board of Adjustment, and shall reflect the following: a. Kind of meeting. b. Date and place of meeting. c. Name of the presiding officer. d. Members of Board of Adjustment present. e. Whether the minutes of the previous meeting were approved. f. The proceedings of the Board of Adjustment, briefly and accurately stated. The minutes shall record what was done rather than what was said. However, a member of Board of Adjustment may request that a statement or written material be attached to the minutes and made a part thereof. g. All motions voted upon and the results of said motions. h. Names of members of Board of Adjustment making motions and those making secondary motions. i. A record by individual members of Board of Adjustment, of each vote taken and action agreed upon. j. Time of convention and adjournment. 82

Item 3. 9.2 Minutes shall be taken, prepared and presented by a staff member of the Office of Planning and Inspections and the Board's attorney in written form for approval as written or as amended. The minutes as approved shall be filed in the minute book of the Board of Adjustment. Copies of the approved minutes shall be made available to the general public, except as otherwise authorized by law. 9.3 Recordings will be made of all Board of Adjustment meetings at which City of Dover business is transacted. The recordings shall be under the custody of the Director of Planning and Inspections and shall be open to inspection and copying in accordance with applicable law regarding access to public records. Rule 10 - Conduct During Meetings 10.1 When a member of Board of Adjustment desires to speak, that member shall address the presiding officer and shall not proceed until recognized and granted the privilege of the floor. The presiding officer shall recognize the member of Board of Adjustment who is the first to address the presiding officer. 10.2 No member of Board of Adjustment shall interrupt another in debate without the consent of the other. To obtain such consent, the member shall first address the presiding officer. 10.3 If any member of Board of Adjustment, in speaking or otherwise, transgresses the Rules of the Board of Adjustment, the presiding officer shall, or any member of Board of Adjustment may, call the errant member to order. When a member shall be called to order, that member shall not proceed without the permission of the presiding officer. Rule 11 - Change or Suspension of Rules Any rule of the Board of Adjustment may be changed or suspended by the approval of a majority of all of the members of the Board of Adjustment. 83

Item 3. Rule 12 - Rules of Order 12.1 These rules have been adopted in order to provide an orderly procedure for matters coming before the Board. However, these rules shall be interpreted and applied so as to afford substantial justice and to promote a fair but efficient hearing procedure. Consequently, strict adherence to these rules shall not be required but the Board may modify and digress from these rules for reasonable cause as the situation may demand. In the event that any rule herein contradicts state law or City of Dover ordinance, such rule shall be construed in compliance with such statute or ordinance. In the event that any of the foregoing rules is declared illegal or unenforceable by any court of competent jurisdiction, the balance hereof shall remain in full force and effect. Rule 13 - Standards of Conduct 13.1 Persons attending Board of Adjustment meetings shall observe appropriate dress standards and standards of conduct. Attire that may distract from the proceedings shall not be permitted. 13.2 Persons attending Board of Adjustment meetings may wear one (1) "cause supporting sign" affixed to their clothing. The size of such "sign" may not exceed three (3) inches by five (5) inches. Signs offensive to the members of the Board of Adjustment or to participants, and signs that may distract from the proceedings shall not be permitted. No placards shall be permitted at any meeting of the Board of Adjustment. 84

Item 3. 13.3 The City Manager for the City of Dover may, from time-to-time, prescribe by policy reasonable and appropriate attire and conduct for persons attending meetings of the Board of Adjustment. 13.4 Members of the news media shall conduct themselves in such a manner as to not be disruptive of the proceedings of the Board of Adjustment. 13.5 Persons attending Board of Adjustment meetings shall at all times conduct themselves in an orderly manner and follow the direction of the presiding officer. 13.6 No applause or other disruptive behavior shall be permitted. All cellular phones, pagers, and other electronic devices which emit noise shall be turned off or placed on silent mode for the duration of the meeting. Rule 14 - Appeals and Applications to the Board of Adjustment 14.1 Appeals and applications to the Board, as permitted by state law and City of Dover ordinances, shall be on forms to be prepared by the Director of Planning and Inspections and approved by the Board of Adjustment, and shall be accompanied by the proper fee. Appeals and applications shall be signed by any person authorized by law to make such an appeal or application, or an agent or an attorney of such person. 14.2 All appeals and applications to the Board shall be accompanied by a recent survey, prepared and approved by a licensed surveyor, of the subject property, except when this requirement is waived by the Board or the Office of Planning and Inspections. 14.3 Appellants, Applicants, supporters, and members of the opposition are encouraged to submit their exhibits and other supporting materials prior to the hearing, if possible. 85

Item 3. 14.4 All communication and correspondence with the Board shall be submitted through the Office of Planning and Inspections. Telephone, email, verbal or written communication to individual Board members regarding a case is prohibited. 14.5 Appeals and applications shall not be amended after public notice of the public hearing has been made except that the size of any variance requested may be increased or reduced by an applicant prior to or at the public hearing provided, however, that the type of variance requested (side yard variance, front yard variance, etc.) has been included in the public notice. 14.6 During the presentation of an appeal or application to the Board, persons addressing the Board shall identify themselves by name and place or residence. No cross-examination of witnesses or applicants will be permitted. All questions for others should be directed to the Board and the Board may direct the question to the appropriate person. Nothing in this paragraph shall limit an attorney from directly questioning witnesses in support of the position the attorney is advocating. 14.7 The Board may continue a hearing or vote to leave the record open for the purpose of supplementing the record and may put limitations or conditions thereon. 14.8 Following a decision by the Board on an appeal or application, a copy of the written decision shall be sent to the appellant or applicant, or the agent or attorney for the appellant or applicant. Any oral discussion of or vote upon the application by the Board shall be deemed in the nature of preliminary deliberations to the rendering of a final written decision and only the written decision, as adopted by a majority of the Board, shall constitute a decision of the Board. 14.9 The Board may impose conditions with respect to the granting of an application or appeal pursuant to the City of Dover Municipal Code. Whenever such condition is imposed by the Board, the condition should be stated in the decision of the Board. Such decision shall remain valid 86

Item 3. only as long as the condition or conditions upon which it was approved exist or the conditions imposed by the Board are adhered to. Rule 15 — Order of Proceeding: 15.1 The order of presentation shall generally be as follows subject to modification by the Chairman for reasonable grounds. 15.2 The Board shall identify the application number, the general nature of the proceeding (appeal, variance, or special use exception), the name of the filing party, the description of the subject property, and shall state whether the Office of Planning and Inspections has received any correspondence pertaining to the application. 15.3 The Applicant/Appellant will be afforded the opportunity to present testimony and evidence supporting the application. The Applicant/ Appellant may appear with or without legal counsel. The Applicant/ Appellant shall be permitted to present witnesses and introduce exhibits, petitions, and other documents into the record. 15.4 Upon the conclusion of each witness' initial testimony, members of the Board, the Planning and Inspections Department, and the Board's attorney shall have an opportunity to ask questions of the Applicant/ Appellant and its witnesses and counsel. 15.5 In the case of a variance or special use exception application, at the conclusion of the Applicant's witnesses and evidence, any person desiring to make a statement in support of the application shall be given an opportunity to do so. Each person desiring to make such a statement shall identify himself or herself by name and address and shall be sworn in prior to making a statement. 15.6 In the case of a variance or special use exception application, at the conclusion of the statements in favor of an application, any person 87

Item 3. desiring to make a statement in opposition to the application shall be given an opportunity to do so. Each person desiring to make such a statement shall identify himself or herself by name and address and shall be sworn in prior to making a statement. 15.7 At the conclusion of all evidence and public statements, if applicable, the Applicant/Appellant shall be given a brief opportunity to submit additional testimony or evidence in the form of "rebuttal." The presiding officer may allow for brief "sur-rebuttal" testimony from the opposition provided that such testimony is limited to the scope of the testimony presented in the "rebuttal" and is not repetitive, redundant, or irrelevant. 15.8 All exhibits presented to the Board for its consideration shall be identified and marked appropriately. All such documents shall be retained by the Office of Planning and Inspections. 15.9 Hearsay evidence shall be permitted a Board hearing and the Board shall be entitled to hear and consider any probative evidence which, in the Board's opinion, is relevant and of sufficient credibility to be entitled to consideration. 15.10 The Board shall have the authority to set reasonable time limits on all parties and speakers appearing before it. 15.11 The presiding officer shall have authority to terminate or limit any testimony or questioning which is irrelevant or unduly repetitive or provocative. 15.12 Once all testimony and evidence has been presented, the public hearing shall be closed and no new testimony or evidence will be permitted unless the Board votes to leave the public record open. Rule 16 - Delaware Freedom of Information Act 16.1 All procedures of the Board of Adjustment shall comply with the Delaware Freedom of Information Act, as contained in Title 29, 88

Item 3. Chapter 1000 of the Delaware Code, as amended. To the extent that any provision herein shall conflict with the provisions of the Delaware Freedom of Information Act, the more restrictive provision shall apply. Rule 17 - Delaware State Employees', Officers' and Officials' Code of Conduct 17.1 Members of the Board of Adjustment shall be subject to the Delaware State Employees', Officers' and Officials' Code of Conduct, as set forth in Title 29, Chapter 58, Subchapter I of the Delaware Code. Rule 18 - Request for a Rehearing 18.1 A motion for a rehearing shall be made not later than 10 days after the filing of a decision in the office of the Board of Adjustment. The Board of Adjustment may rehear a matter for the following reasons: a. Mistake, inadvertent surprise or excusable neglect. b. Newly discovered evidence which by due diligence could not have been discovered at the time of the original hearing. c. Fraud, misrepresentation or other misconduct of an adverse party. 18.2 A motion for a rehearing shall state the grounds therefore and may be accompanied by applicable affidavits. The motion and affidavits shall be provided by mail to the opposing party of record, if any. The opposing party shall have 10 days after receipt of the motion to file a response thereto and attach applicable affidavits. The Board shall determine the motion upon the written application, any responses thereto, and accompanying affidavits, if any. Rule 19 - Adoption and Effective Date 19.1 These rules shall become effective upon adoption by a majority vote of all of the members of the Board of Adjustment. 89

Item 3. Adopted: Effective Date: 90