Attachment

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AGENDA June 13, 2011 - 6:00 P.M. - Council Chambers - City Hall - City of Dover Public comments are welcomed on any item and will be permitted at appropriate times. When possible, please notify the City Clerk (736-7008 or e-mail at CityClerk@dover.de.us) should you wish to be recognized. AGENDA ADDITIONS/DELETIONS 1. Discussion - Soliciting Heath Insurance Proposals 2. Discussion - Elimination of Medicare Part B Reimbursements for Current Non-Bargaining Employees 3. Proposed Ordinances A. #2011-11 - Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-113 - Qualifications B. #2011-14 - Appendix B - Zoning, Article 10 - Planning Commission C. #2011-15 - Appendix A - Subdivisions - Regarding Homeowners’ Association Responsibilities 4. Public Comment Period 5. Adjournment by 7:00 P.M. /tm S:\AGENDAS & MINUTES\Committee-Agendas\2011\06-13-2011 LF&A Revised.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

ACTION FORM PROCEEDING: Legislative, Finance & Administration Committee AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Finance DATE SUBMITTED: 6/13/11 PREPARED BY: Donna Mitchell, Controller/Treasurer on behalf of Councilman Hare SUBJECT: Discussion Medicare Part B Premium Reimbursements for Non-bargaining Employee’s APPROVALS: City Council EXPENDITURE REQUIRED: N/A Total: N/A FUNDING SOURCE: Other Post Employment & Retiree Health Insurance line items TIMETABLE: Included in recommended action. RECOMMENDED ACTION: Eliminate the Medicare B reimbursement for all non-bargaining employee’s retired upon adoption of a revised ordinance. Current Ordinance in Municipal Code – Sec. 2-505. - Medicare part B premium reimbursements. On July 27, 2009, counci1 approved the recommendation of the legislative, finance, and administration committee's recommendation not to provide for Medicare part B premium reimbursement for all nonbargaining employees which applied only to new hires after July 27, 2009. The city currently provides Medicare part B premium reimbursement for all other nonbargaining employees and the legislative, finance, and administration committee recommends that this practice be continued provided that it is clearly stated and understood that the decision of council, if approved by council, is not vested and can be changed or eliminated at any time. The city shall continue to provide Medicare part B premium reimbursements for all nonbargaining employees other than those new hires after July 27, 2009, as it has done in the past, provided that this is not to be considered a vested right and can be changed or eliminated by council at any time by ordinance or resolution enacted to that effect and, further, that as required by the Charter, section 3, the fund for payment of the costs of such premium reimbursement shall be continued as in the past. Sec. 1-9. - Sponsoring, consideration, passage and effective date of ordinances and Charter amendments. (a) Requirements for passage. No ordinance, except emergency ordinances, shall be passed by the council until it is: (1) Announced at one regular council meeting, which announcement shall be made by the city clerk outlining the nature of the ordinance and stated when it will be considered for passage at a subsequent regular council meeting; and (2) Read by synopsis, outline or otherwise at the subsequently announced meeting of the council prior to being voted upon by the council. (b) Emergency ordinances; effective date of ordinances. Emergency ordinances may be passed by the council at any time, but must be designated as such that their immediate passage is necessary to serve the health and welfare of the city. Ordinances shall be passed in accordance with the provisions of section 10 of the Charter. All ordinances which do not state an effective date shall be effective immediately upon their adoption by the council and their approval by the mayor, except as otherwise provided in section 10 of the Charter. (c) Sponsors. With the exception of emergency ordinances, zoning ordinances or map amendments, ordinance amendments submitted by council-appointed staff or a committee, and ordinances passed in consideration of a comprehensive review of the Code, all other ordinances or proposed Charter changes must have three sponsors, to consist of three members of the council, before they are presented to the appropriate committee for consideration and subsequent recommendation to the council.

ACTION FORM PROCEEDING: Legislation, Finance, and Administration Committee DEPARTMENT OF ORIGIN: City Manager\Economic Development DATE SUBMITTED: June 6, 2011 PREPARED BY: City Manager SUBJECT: #2011-11 – Chapter 102 – Taxation, Article IV – Abatement of Real Estate Taxes, Section 102- 113 - Qualifications REFERENCE: RELATED PROJECT: REVIEWED BY: City Manager EXHIBITS: Exhibit #1: Ordinance Amendment: Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-113. Exhibit #2 –City of Dover Property Inventory – Qualifying Big Box Stores. EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): TIME TIMETABLE: RECOMMENDED ACTION: Approve proposed amendments to Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-113. BACKGROUND AND ANALYSIS Over the past several years a number of large commercial buildings in Dover have become vacant and have remained vacant. These buildings include a variety of prior uses such as retail stores, warehouse space, manufacturing, and office buildings. Bringing these building back into the active economy would help bring jobs and boost the local economy. This ordinance acts as an incentive for potential buyers and lessees who would propose reoccupying the buildings or replacing them. In order to qualify, the building would have to lease 35,000 S.F. and have been vacant for 18 months or more. The new occupant would have to be committed to occupying the building for at least ten years and bring at least 15 full time jobs to the building.

CITY OF DOVER PROPOSED ORDINANCE #2011-11 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-113 - Qualifications, 4 be amended by inserting the text indicated in bold, blue, italics and deleting the text indicated in red 5 strikeout as follows: 6 Sec. 102-113. - Qualifications. 7 (a) Definitions. The following words, terms and phrases, when used in this section, shall have the 8 meanings ascribed to them in this subsection, except where the context clearly indicates a different 9 meaning: 10 Control with respect to a corporation means ownership, directly or indirectly, of stock possessing 50 11 percent (50%) or more of the total combined voting power of all classes of the stock of such corporation 12 entitled to vote and 50 percent (50%) or more of the shares of such corporation entitled to vote and 50 13 percent (50%) or more of the total number of shares of all other classes of such corporation's stock. 14 Control with respect to a trust means ownership, directly or indirectly, of 50 percent (50%) or more 15 of the beneficial interest in the principal or income of such trust. The ownership of stock in a corporation, 16 of a capital of profits interest in a partnership or association, or of a beneficial interest in a trust shall be 17 determined in accordance with the rules for constructive ownership of stock provided in section 267(c) of 18 the Internal Revenue Code (26 USC 267(c)). 19 Expanded facility means any qualified property that is modified with an improvement or addition 20 (other than a replacement resulting from the acquisition, construction, reconstruction, installation, or erection 21 of improvements or additions resulting from repairing, refurbishing, retooling, recycling, or other similar 22 process or procedure that merely preserves or restores the value of an existing facility and not including any 23 improvement or addition that, in the determination of the council, does not constitute an integral part of a 24 qualified activity), if such improvements or additions are placed in service by the taxpayer after 25 January 1, 2001. Abatement will only be to the extent of the taxpayer's qualified investment in such 26 improvements or additions. 27 Large vacant commercial facility means a building of 35,000 square feet or larger and vacant 28 continuously for 18 months or more. 29 New facility means any qualified facility (other than an expanded facility or a replacement facility) 30 constructed by the taxpayer after January 1, 2001. For the purposes of this article, the term "constructed" 31 means the issuance of a building permit for $1,000,000.00 or more with regards to subsection (b)(1) of this 32 section, and the issuance of a building permit for $3,000,000.00 or more with regards to subsection (b)(2) 33 of this section. 34 Placed in service and original use have the meanings ascribed to such terms under section 167 of the 35 Internal Revenue Code (26 USC 167) and regulations promulgated thereunder.

Proposed Ordinance #2011-11 - Ch. 102, Art. IV, Sec. 102-113 - Qualifications Page 2 36 Qualified activity means any activity constituting manufacturing (other than any repair, refurbishing, 37 retooling, recycling or other similar process or procedure that merely preserves or restores the value of a 38 product or that does not change the inherent nature of a product or material). Such term includes any activity 39 engaging in business as a wholesaler; the CCBA and any subsequent legislation as enacted by the state; any 40 home offices and operating units of insurance companies; and any combination of activities described herein. 41 Qualified employee means any person employed within the city/county on a regular and full-time basis. 42 Qualified facility means any qualified property located in the city that constitutes a new or an expanded 43 facility, located within the industrial park manufacturing district, industrial park manufacturing 2 district, 44 or manufacturing district, and that is used by a taxpayer in or in connection with a qualified activity. 45 Qualified investment for any taxable year is based on the value of a qualified facility as of the last 46 business day of such taxable year. 47 Qualified property means any building and its structural components, and any other improvement to 48 real property. Such term includes the land on which such building or other improvements are located, if 49 ownership of said land and structural improvements is identical. If any property is owned or leased by the 50 taxpayer in common with any other person or persons, such property may constitute "qualified property" 51 only to the extent of the taxpayer's proportionate interest. 52 Related person means a corporation, partnership, association, or trust controlled by the taxpayer; or 53 an individual, corporation, partnership, association, or trust that is in control of the taxpayer; or a 54 corporation, partnership, association, or trust controlled by an individual, corporation, partnership, 55 association, or trust that is in control of the taxpayer. 56 (b) Established. Industries/businesses may qualify for property tax abatement either by meeting the 57 industry function qualifications detailed in the following subsection (b)(1) or the investment 58 qualifications detailed in the following subsection (b)(2) or the occupancy qualifications detailed in 59 the following subsection (b)(3): 60 (1) Qualifying industries/businesses by function. 61 a. Manufacturers and financial institutions as defined by the FCDA, CCBAA, and subsequent 62 legislation and home offices and operating units of insurance companies shall be qualifying 63 industries, including, but not be limited to, distributors, transportation (air, rail, barge, truck), 64 printing and publishing, and food processing. 65 b. Investment and employees. The qualifying industry must invest at least $1,000,000.00 in a 66 qualifying new or expanded facility in the city and hire at least 20 qualified employees 67 (including owners/operators), 75 percent (75%) of whom shall be city/county residents not 68 employed by the qualifying industry/activity at the time of its relocation/expansion within 69 the city. The council may, at the time of application, reduce the 75 percent (75%) 70 requirement to a lesser percentage, but not less than 50 percent (50%). The qualifying 71 industry agrees to supply information verifying compliance with this section in whatever 72 legally acceptable manner the council shall so request. 73 (2) Qualifying industry/businesses by investment. Industries/businesses that do not meet the

Proposed Ordinance #2011-11 - Ch. 102, Art. IV, Sec. 102-113 - Qualifications Page 3 74 qualifications as specified in subsection (b)(1) of this section can nevertheless qualify for 75 property tax abatement by investing a minimum of $3,000,000.00 in a new or expanded facility 76 in the city located within the industrial park manufacturing district, industrial park manufacturing 77 2 district, or the manufacturing district, and hire at least 15 qualified employees (including 78 owners/operators), 75 percent (75%) of whom shall be city/county residents not employed by the 79 qualifying industry/activity at the time of its relocation/expansion within the city. The council 80 may, at the time of application, reduce the 75 percent (75%) requirement to a lesser percentage, 81 but not to less than 50 percent (50%). The qualifying industry agrees to supply information 82 verifying compliance with this section in whatever legally acceptable manner the council shall 83 so request. 84 (3) Qualifying industry/business by occupying a large vacant commercial facility. Entities that 85 do not qualify for property tax abatement under subsection (b)(1) or (b)(2) of this section can 86 qualify for property tax abatement by (a) purchasing a large vacant commercial facility if the 87 purchase of the large vacant commercial facility will result in the employment of 15 or more 88 full-time employees; or (b) leasing a large vacant commercial facility if the initial lease term 89 is at least ten (10) years, the lease of the large vacant commercial facility will result in the 90 employment of 15 (fifteen) or more full-time employees, and the occupying tenant submits a 91 letter of intent to lease and requests the abatement for either their own benefit when the tax 92 burden is the responsibility of the tenant, or on behalf of the owner when the tax burden is 93 the responsibility of the owner. The demolition of a large vacant building and the 94 construction of a new replacement 35,000 S.F. or greater that meets the conditions of (b)(3) 95 of Sec. 102-113. - Qualifications shall qualify for abatement. 96 (c) Benefits. 97 (1) The council may abate city real estate taxes on a ten-year sliding scale as follows, or upon any 98 other scale or method deemed most advantageous by the council for the public welfare: 99 Year of Operation Reduction of Taxes (Percent) 100 Fiscal Year Construction Ended 100 Percent (100%) Reduction of Taxes 101 First (1st) Year of Operation 90 Percent (90%) Reduction of Taxes 102 Second (2nd) Year of Operation 80 Percent (80%) Reduction of Taxes 103 Third (3rd) Year of Operation 70 Percent (70%) Reduction of Taxes 104 Fourth (4th) Year of Operation 60 Percent (60%) Reduction of Taxes 105 Fifth (5th) Year of Operation 50 Percent (50%) Reduction of Taxes 106 Sixth (6th) Year of Operation 40 Percent (40%) Reduction of Taxes 107 Seventh (7th) Year of Operation 30 Percent (30%) Reduction of Taxes 108 Eighth (8th) Year of Operation 20 Percent (20%) Reduction of Taxes 109 Ninth (9th) Year of Operation 10 Percent (10%) Reduction of Taxes 110 Tenth (10th) Year of Operation 0 Percent (0%) Reduction of Taxes

Proposed Ordinance #2011-11 - Ch. 102, Art. IV, Sec. 102-113 - Qualifications Page 4 111 (2) Unless otherwise directed by the council, year one of the abatement period will commence with 112 the first property tax billing following the completion of the qualifying new or expanded facility 113 and the meeting of all requirements as detailed in subsections (b)(1) and (b)(2) of this section. 114 Abatement for expanded facilities will be limited to expansion value only. 115 (3) All quarterly property taxes for new construction, as defined in section 49A of the city Charter, 116 will likewise be abated for qualifying new or expanded facilities. 117 (4) The property tax abatement program will have no effect on both citywide revaluations of 118 property values for taxation purposes and the institution of those new values. 119 (d) Downtown Residential Tax Abatement. Any persons purchasing residential real property in which 120 they will reside within the area defined as Mary Street to Loockerman Street and Governors Avenue 121 to West Street during the effective date of this section shall be given tax relief from the payment of 122 real estate taxes in the following manner: first year of ownership, total tax abatement; second year of 123 ownership, 75 percent (75%) tax abatement; third year of ownership, 50 percent (50%) tax abatement; 124 fourth year of ownership, 25 percent (25%) tax abatement; fifth year of ownership, no tax abatement. 125 Provided however that the homeowner is required to occupy the home as their principal place of 126 residence during the entire time that the taxes are abated and if the property ceases to be their principal 127 place of residence at any time during the four-year period of abatement, then they shall lose their right 128 of abatement and shall be required to pay immediately all taxes abated up to the time that the home 129 ceases to be their principal residence. In order to obtain the tax abatement, the homeowner must make 130 application by affidavit submitted to the city clerk showing qualification for the abatement and each 131 year thereafter, submit a similar affidavit showing their continued right to the abatement. If 132 qualification for the abatement ceases within the four-year period of abatement the homeowner is 133 required to notify the city clerk of the lack of qualification for the abatement and within 90 days from 134 the date the qualification ceases, pay all taxes abated in the past. In order to be eligible for this 135 program, application must be received by the city prior to August 1, 2010. 136 Year of Owner Occupancy Reduction of Taxes (Percent) 137 First (1st) Year of Owner Occupancy 100 Percent (100%) Reduction of Taxes 138 Second (2nd) Year of Owner Occupancy 75 Percent (75%) Reduction of Taxes 139 Third (3rd) Year of Owner Occupancy 50 Percent (50%) Reduction of Taxes 140 Fourth (4th) Year of Owner Occupancy 25 Percent (25%) Reduction of Taxes 141 Fifth (5th) Year of Owner Occupancy 0 Percent (0%) Reduction of Taxes 142 (Code 1981, § 19.5-33; Ord. of 12-11-2000; Ord. of 8-8-2005(3)) 143 ADOPTED: * 144 S:\ORDINANCES\2011\Draft\Ordinance 2011-11 Ch.102, Art. IV, Sec. 102-113 Rev. 05162011.wpd

Proposed Ordinance #2011-11 - Ch. 102, Art. IV, Sec. 102-113 - Qualifications Page 5 145 SYNOPSIS 146 This amendment would provide property tax abatement to an industry/business that 147 occupies, purchases, or leases a large, vacant commercial facility if it is 35,000 square feet 148 or larger, and has been vacant continuously for 18 months or longer, the sale or lease of the 149 building results in the employment of 15 or more full-time employees, and, if the building 150 is leased, the lease must be for ten (10) years or more with the tax burden being the 151 responsibility of the lessee. 152 Actions History 153 06/13/2011 - Scheduled for Consideration by the Legislative, Finance, and Administration Committee

CITY OF DOVER PROPERTY INVENTORY QUALIFYING BIG BOX STORES 25,000 SF ‐ PLUS PETTINARO BLUE HEN CORP CTR STORE #1 NORTH 62,611 SF +/‐ 1 STORE #2 SOUTH 79,000 SF +/‐ 141,611 SF +/‐ 2 Section 2 & 3 129,000 SF +/‐ 208,000 SF +/‐ 3 Section 4 & 5 129,000 SF +/‐ 258,000 SF +/‐ 4 WAL ‐ MART 117,777 SF +/‐ 117,777 SF +/‐ 5 METRO FOOD STORE 65,066 SF +/‐ 65,066 SF +/‐ 6 SUPER FRESH 38,845 SF +/‐ 38,845 SF +/‐ 7 VALUE CITY 70,000 SF +/‐ 70,000 SF +/‐ 8 COMMERCE WAY (FEDEX) 30,000 SF +/‐ 30,000 SF +/‐ 9 AIRLIFTER SUNROC 150,000 SF +/‐ 150,000 SF +/‐ 10 SARA LEE MAST 80,000 SF +/‐ 80,000 SF +/‐ 11 ENTERPRISE BUSINESS PK 35 Commerce Way 145,000 SF +/‐ 12 97 Commerce Way 25,000 SF +/‐ 170,000 SF +/‐ 13 McKEE BUSINESS PARK 1575 McKee 67,000 SF +/‐ 14 1565 McKee 210,000 SF +/‐ 277,000 SF +/‐ 15 1567 McKee 65,000 SF +/‐ 342,000 SF +/‐ 16 STATE ST COMMONS 31,000 SF +/‐ 31,000 SF +/‐ 17 COMPASS POINTE 13,000 SF +/‐ 13,000 SF +/‐ 18 TOTAL 1,365,688 SF +/‐ 18 75,872 SF +/‐ AVERAGE

ACTION FORM PROCEEDING: Legislative, Finance & Administration Committee DEPARTMENT OF ORIGIN: Planning & Community Development DATE SUBMITTED: June 2, 2011 PREPARED BY: Ann Marie Townshend, AICP, Director of Planning & Community Development SUBJECT: Proposed Amendments to Article 10 of the Zoning Ordinance (Appendix B) REFERENCE: Appendix B – Zoning, Article 10 – Planning Commission RELATED PROJECT: REVIEWED BY: EXHIBITS: Draft Ordinance, Summary of Proposed Changes to Zoning Ordinance, Article 10 – Planning Commission, Code Mark-Up, Comments Received EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: First Reading at City Council on June 27, 2011; Public Hearing before Planning Commission on July 18, 2011; Public Hearing and Final Action by City Council on August 8, 2011 RECOMMENDED ACTION: Staff recommends that the proposed ordinance be forwarded to City Council with the proposed timetable above. BACKGROUND AND ANALYSIS 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 increase in public notice distance requirements from 200 feet to 300 feet and the addition of a physical posting requirement. The attached Summary of Proposed Changes to Zoning Ordinance, Article 10 – Planning Commission details the changes that are proposed. Comment Submitted by Planning Staff Recommendation Recommend allowing a two-year extension, total plan Matt Spong Staff recommends keeping a one-year life of four years. extension and total three year plan life. Historic District Commission should review all Historic District This can be addressed in the Standards and projects on the Green and Constitution Place Commission Guidelines. Add back in the requirement of the Historic District Historic District Staff supports this change Commission to produce an annual report of its activity Commission

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 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 Draft Amendments to Article 10 May 10, 2011 Page 1 of 33

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 May 10, 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 1.5 Application procedure. 76 1.51 Preapplication Meeting. Prior to the submission of a conditional use application, 77 the applicant or his representative shall meet in person with the city planner or his 78 designee with a sketch plan. The purpose of this meeting shall be to discuss proposed 79 uses or developments and to review the process and submission requirements. 80 1.52 Application. Application for a conditional use permit shall be submitted to the 81 city planner, on forms approved by the planning commission, at least 30 days prior to 82 the planning commission meeting at which approval of the permit is to be requested. 83 Each application for a conditional use permit shall be accompanied by a fee as 84 provided for in Appendix F--Fees and Fines. 85 1.53 Public hearing. Prior to the review and action on the conditional use permit 86 application, the commission shall hold a public hearing subject to the following 87 public notification procedures: 88 (A) The applicant shall advertise the public hearing in a newspaper of general 89 circulation at least 15 days prior thereto. 90 (B) The applicant shall notify by mail all property owners within 300 feet of the 91 extreme limits of the subject property as their names appear on the municipal 92 tax record at least 15 days prior thereto. 93 (C) The applicant shall post a notice outlining the date, time, place, and nature of 94 the hearing in a conspicuous location on the property at least 15 days prior to 95 the planning commission hearing. Such notice shall be designed in accordance 96 with standards set forth by the planning commission. 97 (D) The applicant shall provide the planning office with a copy of the notice, 98 verification of newspaper publication, a date-stamped photo of the property 99 posting, and post office mail receipts indicating the date of mailing for all 100 letters on or before the meeting date. 101 (E) Said notices shall state the date, time and place of the hearing, the site 102 location, a brief description of the conditional use and shall state that a copy 103 of the conditional use application and plan is filed with the planning office for 104 public review. 105 1.54 City planner report. For each application for a conditional use permit, the city 106 planner shall issue a report to the planning commission including comments from Draft Amendments to Article 10 May 10, 2011 Page 3 of 33

107 other agencies and detailing how the application conforms to the requirements of the 108 zoning ordinance and other provisions of city and state codes. 109 (A) The city planner shall transmit copies of the report and summary of the 110 application to the planning commission at least seven days prior to the date of 111 the meeting at which approval of the permit is to be requested. 112 1.55 Planning commission action. The planning commission shall act to approve or 113 disapprove any such request for a conditional use permit within 45 days after the 114 meeting at which approval is requested or within such additional time as may be 115 consented to by the applicant. Planning commission disapproval shall include written 116 findings upon any element found contrary to the provisions or intent of the zoning 117 ordinance. 118 1.56 Notice of decision. The planning office shall send the applicant a letter notifying 119 the applicant of the planning commission’s decision on the conditional use permit 120 application. Such letter shall document any conditions and waivers approved as part 121 of the application approval. Whenever the planning commission denies an 122 application for conditional use, such application for conditional use, or an application 123 on the same property which is substantially similar, shall not be accepted for 124 consideration by the planning commission sooner than one year from the date of 125 denial. 126 1.57 Amendments. Substantial amendments to conditional use permits shall be acted 127 upon in the same manner as the original request for a conditional use permit. The city 128 planner shall review proposed amendments to determine if they are substantial in 129 nature. Amendments that are not deemed substantial may be referred to the planning 130 commission for consideration at the discretion of the city planner. 131 1.58 Transfer of property. If the property is sold by the applicant or by any affiliated 132 member of a single corporate family of which the applicant or its parent company is a 133 member, after approval of the conditional use but before the proposed use or 134 construction of the proposed use is started, or if, within 24 months of the approval, 135 the proposed use or construction of the proposed use is not undertaken by or for the 136 applicant or any affiliated member of a single corporate family of which the applicant 137 or its parent company is a member, the conditional use approval shall be null and 138 void, unless an extension of time is granted by the planning commission. 139 1.59 Final plans and working drawings. Following approval by the planning 140 commission, the applicant shall develop final conditional use permit plans for 141 approval by the planning office. The planning office shall determine that all 142 necessary approvals have been issued by city departments, and outside regulatory 143 agencies, prior to issuing final plan approval. No building permit shall be issued until Draft Amendments to Article 10 May 10, 2011 Page 4 of 33

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

182 1.71 Scale and dimensions. The map shall be at least 11 inches by 17 inches and at a 183 scale of ten, 20, 30 or 40 feet to the inch, except that if the property has a maximum 184 dimension over 900 feet, a scale of 50 feet to the inch may be used. 185 1.72 Legal data: 186 (A) Tax parcel identification number. 187 (B) Name and address of the owner of record. 188 (C) Name and address of the equitable owner, if any. 189 (D) Name and address of the person, firm or organization preparing the map. 190 (E) Date, north point and written and graphic scale. 191 (F) Sufficient description of information to define precisely the boundaries of the 192 property and that portion of the property for which a conditional use permit is 193 requested, and the approximate total acreage of that portion of the property for 194 which a conditional use permit is requested. All distances shall be given in 195 feet and tenths of a foot. All angles shall be given to the nearest ten seconds or 196 closer. The error of closure shall not exceed one in 10,000. 197 (G) The locations, names and existing widths of adjacent street rights-of-way and 198 curblines. 199 (H) The locations and owners of record of all adjoining lands. 200 (I) Location, width and purpose of all existing and proposed easements, setbacks, 201 reservations and areas dedicated to public use within or adjoining the 202 property. 203 (J) A complete outline of existing or proposed deed restrictions or covenants 204 applying to the property and recital of the deed references if they are of 205 record. 206 (K) Existing zoning, including two location maps, one at a scale of 1,200 feet to 207 the inch, and one at a scale of 400 feet to the inch, showing the distance along 208 all adjacent roads to the nearest intersection. 209 1.73 Existing structures. 210 (A) Location of uses and outlines of structures, drawn to scale on or within 100 211 feet of the property. 212 (B) Paved areas, sidewalks and vehicular access between the site and public 213 streets. 214 (C) Other existing development, including fences and landscape screening. 215 1.74 Proposed use: 216 (A) A written description of the proposed use. 217 (B) A designation of that portion of the existing structures to be devoted to the 218 proposed use and for which a conditional use permit has been requested. Draft Amendments to Article 10 May 10, 2011 Page 6 of 33

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

255 1.81 Scale and Dimensions. The map shall be at least 8.5 inches by 11 inches and at a 256 scale of ten, 20, 30 or 40 feet to the inch, except that, if the property has a maximum 257 dimension over 900 feet, a scale of 50 feet to the inch may be used. 258 1.82 Existing Conditions. The existing building and conditions on the lot must be 259 depicted. It is permissible to utilize the most recent mortgage survey of the property 260 for this purpose. If conditions, such as buildings and building additions, paved areas, 261 landscaping and accessory structures, on the lot have changed since the survey was 262 completed, the applicant shall depict these changes on the plan to the best of his 263 ability. However, the nature and extent of such revisions must be approved by the city 264 planner at the required preapplication meeting. 265 1.83 Proposed use: 266 (A) A written description of the proposed use. 267 (B) A designation of that portion of the existing structures to be devoted to the 268 proposed use and for which a conditional use permit has been requested. 269 (C) A designation of that portion of the property to be devoted to the proposed 270 use, not requiring structures and for which a conditional use permit has been 271 requested. 272 (D) A designation of the parking area and indication of the number of off-street 273 parking spaces. 274 (E) Indication of on-site circulation pattern and access to the property from 275 adjacent roads. 276 1.84 Additional Information. The city planner and/or planning commission may 277 request more detailed information, including but not limited to architectural floor 278 plans, on a case-by-case basis at their discretion. 279 1.85 Legal data: 280 (A) Tax parcel identification number. 281 (B) Name and address of the owner of record. 282 (C) Name and address of the equitable owner, if any. 283 (D) Name and address of the person, firm, or organization preparing the map. 284 (E) Date, north point, and written and graphical scale. 285 (F) The location and names of adjacent streets. 286 (G) The location, zoning, and owners of record of all adjacent properties. 287 Section 2. Site development plan approval. 288 2.1 Required. Site development plan approval shall be required for the erection or 289 enlargement of all structures and the establishment of any use for which site development 290 plan approval is required by this ordinance. Site development plan shall be required 291 according to the following criteria: Draft Amendments to Article 10 May 10, 2011 Page 8 of 33

292 2.11 Planning commission site plan review. Site development plans shall be referred 293 to the planning commission for consideration and review include any of the 294 following: 295 (A) Site plans for new structures and building additions of 3,000 square feet or 296 greater in floor area; or 297 (B) Site plans with a total of 5,000 square feet or greater of new or added 298 impervious surface, including new structures or building additions; or 299 (C) Nonresidential site plans with site disturbance greater than 1,500 square feet 300 and adjacent to residential uses or residential zones. 301 2.12 Site development master plan. Site development master plans shall be subject to 302 review and approval by the planning commission in accordance with subsection 2.44. 303 2.13 Zoning review. For site development plans involving construction of a single 304 family detached, single family attached, or single family semi-detached dwelling; an 305 accessory structure; or a non-residential change of use for which no building addition 306 or increase in impervious cover is proposed, the city planner or his designee may 307 approve the site development plan in conjunction with building permit review. 308 2.14 Administrative site plan. All site development plans that do not meet the 309 thresholds for zoning review in accordance with subsection 2.13 or planning 310 commission site plan review in accordance with subsection 2.11 shall be reviewed as 311 administrative site development plans. 312 2.2 Objectives. In considering and acting upon site development plans, the public health, 313 safety and welfare, the comfort and convenience of the public in general and of the 314 residents of the immediate neighborhood in particular shall be taken into consideration 315 and appropriate conditions and safeguards may be prescribed as may be required that the 316 results of approval may, to the maximum extent possible, further the expressed intent of 317 this ordinance and the accomplishment of the following objectives in particular: 318 2.21 Maximum safety and convenience of vehicular, transit, bicycle, and pedestrian 319 traffic by ensuring that all proposed and impacted streets, driveways and walkways 320 are adequate, but not excessive in number, adequate in width, grade, alignment, 321 capacity, and visibility, and suitably located, particularly with respect to their 322 connections with public streets. 323 2.22 The provision of adequate access to all proposed structures, equipment, or 324 material on the site for fire, ambulance, police, and other emergency services. 325 2.23 The provision of adequate off-street parking to accommodate the vehicles of 326 persons connected with or visiting the use and to obviate the parking of such vehicles 327 in public streets. Draft Amendments to Article 10 May 10, 2011 Page 9 of 33

328 2.24 A site layout (including the location, power, direction, and time of any outdoor 329 lighting of the site) which would have no adverse effect upon adjacent properties. 330 2.25 Landscaping of the site in a manner which is in character with that generally 331 prevailing in the neighborhood and which provides reasonable screening, at all 332 seasons of the year, of all playgrounds, parking areas, and service areas from the view 333 of adjacent residential properties and streets. 334 2.26 In applicable cases, a drainage system and layout which would afford the best 335 solution to any drainage problems. 336 2.27 Ensure that large scale development projects involving extended construction 337 periods are planned and implemented in accordance with an approved site 338 development master plan. 339 2.28 Consideration shall be given to the physical orientation and architectural 340 characteristics of proposed buildings, the relationship of proposed buildings to 341 existing buildings and to other proposed buildings, and their contributions to the 342 overall image of the immediate vicinity by considering the building and architectural 343 design guidelines as set forth in article 5, section 19. Design characteristics of 344 proposed buildings and building additions shall not detract or devalue existing 345 buildings in the immediate vicinity. 346 (A) If the planning commission determines that the proposed physical orientation 347 and architectural characteristics of the proposed buildings do not meet the 348 intent and objectives of this section, then the planning commission shall refer 349 the proposal to the architectural review oversight subcommittee for review 350 and comment. 351 (B) The subcommittee shall meet and review the proposal with the applicant, and 352 return its comments to the planning commission by the next regularly 353 scheduled meeting. 354 (C) The architectural review oversight subcommittee shall be appointed by the 355 commission at its annual meeting, and membership shall consist of two 356 planning commission members, and two design professionals with experience 357 in construction, and the mayor or the mayor's designee. Two alternate design 358 professionals with experience in construction shall also be appointed. 359 2.3 Effect of site development plan approval. No building permit will be issued for any 360 structure covered by this section until an approved site development plan or approved 361 amendment of any such plan has been secured by the applicant. No certificate of 362 occupancy will be issued for any structure or use of land covered by this section unless 363 the structure is completed or the land is developed or used in accordance with an 364 approved site development plan or approved amendment of any such plan. 365 2.4 Application Procedure. Draft Amendments to Article 10 May 10, 2011 Page 10 of 33

366 2.41 Preapplication Meeting. Prior to the submission of a site development plan, the 367 applicant or his representative shall meet in person with the city planner or his 368 designee with a sketch plan. The purpose of this meeting shall be to discuss proposed 369 uses or developments in order to determine, first, whether the site development plan 370 application shall be submitted to the city planner for consideration and review as an 371 administrative site plan or shall be referred to the planning commission. 372 If the application is to be referred to the planning commission, the applicant shall be 373 informed at the preapplication meeting which elements listed in subsection 2.5 below 374 will be required in determination of conformity with the provisions and intent of this 375 section, along with any other comments and suggestions intended to bring about 376 conformity with the provisions and intent of this section. 377 2.42 Administrative site plan review. 378 (A) Process for administrative site plan application. If, as a result of the 379 preapplication meeting as described in subsection 2.41, it is determined that 380 the proposed uses or development is of a type that may be approved by the 381 city planner, the applicant shall submit the application for site development 382 plan approval on forms approved for that purpose, to the city planner with the 383 required documentation under the provisions of subsection 2.5, and a fee as 384 provided for in Appendix F: Fees and Fines. The city planner shall coordinate 385 the reviews of the various administrative departments of the City of Dover and 386 outside regulatory agencies and approve the application within thirty (30) days 387 of the date of submission or refer it to the planning commission at their next 388 scheduled meeting. 389 (B) Final plans and working drawings. Following initial review and comment by 390 the city planner, the applicant shall develop final construction plans for 391 approval by the planning office. The planning office shall determine that all 392 necessary approvals have been issued by city departments and outside 393 regulatory agencies prior to issuing final plan approval. No building permit 394 shall be issued until such time that the planning office has issued final site 395 plan approval. 396 (C) Expiration. Administrative site development plan approval shall expire on the 397 last day of the 24th month after the date of final approval by the planning 398 office if construction of the work authorized or use permitted has not started 399 or unless an extension of time is applied for by the applicant and granted by 400 the city planner. Approval shall also expire if the construction of work 401 authorized has stopped for a period of one year unless an extension of time is 402 applied for and granted by the city planner. 403 (D) Circumventing zoning requirements. Administrative site plans shall not be 404 used to circumvent the requirement of planning commission site plan review. Draft Amendments to Article 10 May 10, 2011 Page 11 of 33

405 If the city planner determines that cumulative administrative site plans on a 406 property are being used to circumvent the requirements of the zoning 407 ordinance or other provisions of the Dover Code of Ordinances, he shall refer 408 the application to the planning commission, subject to the requirements of 409 subsection 2.43. 410 2.43 Planning commission site plan review. 411 (A) Site development plan. If, as a result of the preapplication meeting as 412 described in subsection 2.41, it is determined that the proposed uses or 413 development is of a type that would be reviewed by the planning commission 414 and approval or disapproval of the application given by that body, the 415 application for site development plan approval shall be submitted to the city 416 planner on forms approved by the planning commission, at least 30 days prior 417 to the planning commission meeting at which approval is to be requested. The 418 application for site development plan approval shall be accompanied by a fee 419 as provided for in Appendix F--Fees and Fines. 420 (B) Land subdivision. If a proposed use or development requires planning 421 commission review under the land subdivision regulations of the City of 422 Dover as set forth in appendix A, the application for conditional approval of 423 the preliminary layout, under article IV, section B of that ordinance appendix 424 A, and the application for site development plan approval under this ordinance 425 shall be submitted and reviewed concurrently. The application for site 426 development plan approval shall be revised and all changed elements 427 resubmitted and reviewed concurrently with the application for plan approval 428 under article IV, section C of the land subdivision regulations set forth in 429 appendix A. 430 (C) Public hearing. Prior to the review and action on the site plan application, the 431 commission shall hold a public hearing subject to the following public 432 notification procedures: 433 (1) The applicant shall advertise the public hearing in a newspaper of 434 general circulation at least 15 days prior thereto. 435 (2) The applicant shall notify, by mail, all property owners within 300 feet 436 of the extreme limits of the site plan property as their names appear on 437 the municipal tax record at least 15 days prior thereto. 438 (3) The applicant shall post a notice outlining the date, time, place, and 439 nature of the hearing in a conspicuous location on the property. Such 440 notice shall be designed in accordance with standards set forth by the 441 planning commission. 442 (a) The applicant shall provide the planning office with a copy of 443 the notice, verification of newspaper publication, a date- 444 stamped photo of the property posting, and post office mail Draft Amendments to Article 10 May 10, 2011 Page 12 of 33

445 receipts including the date of mailing for all letters on or before 446 the meeting date. 447 (4) Said notices shall state the date, time and place of the hearing, the site 448 location, a brief description of the site plan and shall state that a copy 449 of the site plan application and plan is filed with the planning office 450 for public review. 451 (D) City planner report. For each site plan application to the planning commission 452 the city planner shall issue a report to the planning commission including 453 comments from other agencies detailing how the application conforms to the 454 requirements of the zoning ordinance and other provision of city and state 455 codes. The city planner shall transmit copies of the proposed site development 456 plan and the city planner’s report to the planning commission at least seven 457 days prior to the date of the meeting at which approval of the site development 458 plan is to be requested. 459 (E) Planning commission action. The planning commission shall act to approve or 460 disapprove any application for site development plan received by it either as 461 an original review or as a referral from the city planner under the provisions of 462 subsection 2.42(A) of this article within 45 days or within such additional 463 time as may be consented to by the applicant. Planning commission 464 disapproval shall include written findings upon any site development plan 465 element found contrary to the provisions or intent of the zoning ordinance. 466 (F) Notice of decision. The planning office shall send the applicant a letter 467 notifying the applicant of the planning commission’s action regarding the site 468 plan application. Such letter shall document any conditions and waivers 469 approved or recommended as part of the application approval. 470 (G) Final plans and working drawings. Following approval by the planning 471 commission, the applicant shall develop final site plans for approval by the 472 planning office. The planning office shall determine that all necessary 473 approvals have been issued by city departments and outside agencies 474 regulating street access and stormwater management, prior to issuing final 475 plan approval. No building permit shall be issued until such time that the 476 planning office has issued final site plan approval 477 (H) Amendments. Substantial amendments to an approved site development plan 478 shall be acted upon in the same manner as the original plan. The city planner 479 shall review proposed amendments to determine if they are substantial in 480 nature. Amendments that are not deemed substantial may be referred to the 481 planning commission for consideration at the discretion of the city planner. 482 (I) Expiration of planning commission approval. 483 (1) Site development plan approval shall expire on the last day of the 24th 484 month after the date of final or conditional approval of the planning Draft Amendments to Article 10 May 10, 2011 Page 13 of 33

485 commission if construction of the work authorized or use permitted has 486 not started or unless an extension of time is applied for by the applicant 487 and granted by the planning commission. Approval shall also expire if the 488 construction of work authorized has stopped for a period of one year 489 unless an extension of time is applied for and granted by the planning 490 commission. 491 (2) Request for extension of approval shall be made no later than 30 days 492 prior to the final approval expiration date. Upon receipt of such request, 493 the matter shall be considered at the next regularly scheduled meeting of 494 the planning commission. 495 (3) In considering a request for an extension of approval, the planning 496 commission shall consider, but not be limited to, the following: 497 (a) Whether the project has been delayed for reasons beyond the 498 control of the applicant, excluding economic or financial reasons. 499 (b) Whether the applicant has made substantial progress toward 500 obtaining final approvals. 501 (c) Whether there has been any significant changes in the surrounding 502 neighborhood. 503 (d) Whether there has been any related amendments to the zoning map 504 or text, or the comprehensive plan, or if any waivers or variances 505 have been granted. 506 (4) Requests for extensions shall be submitted in writing to the planning 507 office. 508 (5) Under no circumstances shall the planning commission grant extensions 509 beyond 36 months from the date of first approval. 510 2.44 Site development master plans. Conceptual site development master plans shall 511 be reviewed by the planning commission in accordance with the provisions of 512 subsection 2.43. Conceptual site development master plans shall depict a site 513 development proposal that reflects general compliance with the provisions of the 514 zoning ordinance and shall also reflect the following information on the plan: 515 (A) Conceptual Master Plan. Conceptual Master Plan shall include the proposed 516 general layout of building, streets, parking, open space, landscape concepts, 517 and stormwater management areas. 518 (1) Detailed site construction plans, details, and specifications are not required 519 as part of a site development master plan submission. 520 (2) The plan shall illustrate distinct phase boundaries for each proposed 521 construction phase and shall depict proposed construction and site 522 improvements planned for each phase. Bulk quantities and area totals for 523 each construction phase, and for the total site, shall be tabulated in a data 524 column on the plan. Draft Amendments to Article 10 May 10, 2011 Page 14 of 33

525 (3) Each construction phase shall be enumerated in sequential order on the 526 site development master plan according to the order of construction 527 contemplated by the plan. Phases shall be implemented in accordance with 528 the approved site development master plan unless the city planner 529 approves an alternate phasing. 530 (4) Each construction phase represented on the master plan shall be planned 531 and designed to function independent of construction and site 532 improvements contemplated in future construction phases in all respects, 533 including but not limited to bulk area provisions of the zoning district in 534 which the site is located, off-street parking requirements, site entrances, 535 emergency access requirements, site utilities, and stormwater management 536 improvements except where the requirements and needs of a later phase 537 are met and remain met by a previous phase of completed construction. 538 (5) Any special agreements or conditions of approval relative to the overall 539 development that have been specified by regulatory agencies shall be 540 documented on the site development master plan. 541 (B) Phased site plan approval. Individual phased components of the Conceptual 542 Master Plan are to be reviewed and approved as an Administrative Site Plan. 543 Final site construction plans, including detailed site grading, paving, utilities, 544 stormwater management, and tree planting and preservation plans shall be 545 submitted for final approval by the city planner and/or authorized designee, 546 and to other agencies having jurisdiction, on a phase by phase basis in 547 accordance with the approved site development master plan, and all 548 regulations of the City of Dover governing the approval of site plans as set 549 forth in subsection 2.4 and 2.5. 550 (C) Amendments. Substantial amendments to an approved site development 551 master plans shall be acted upon in the same manner as the original plan. The 552 city planner shall review proposed amendments to determine if they are 553 substantial in nature. Amendments that are not deemed substantial may be 554 referred to the planning commission for consideration at the discretion of the 555 city planner. 556 (D) Expiration of planning commission approval. For projects which are reviewed 557 and approved by the planning commission as conceptual master plans, 558 approval of the conceptual master plan shall remain valid for a period not to 559 exceed five years from the date of planning commission approval, provided 560 that the authorized construction or use has commenced within two years of 561 approval and is proceeding toward completion. In addition, the time between 562 the completion of one phase and the initiation of the next phase shall not 563 exceed a period of two years. Draft Amendments to Article 10 May 10, 2011 Page 15 of 33

564 2.5 Site development plan elements submission requirements accompanying applications 565 for site development plan approval. The applicant shall cause a site development plan 566 map to be prepared by a civil engineer, surveyor, land planner, or architect. The applicant 567 shall submit copies of the site development plan to the city planner at the time of filing 568 the formal application for site development plan approval under the provisions of 569 subsection 2.42, subsection 2.43, or subsection 2.44. If the application is under the 570 provisions of subsection 2.43 or 2.44, the city planner shall transmit copies of the site 571 development plan map to the planning commission at least seven days prior to the 572 meeting at which approval of the application for site development plan approval is to be 573 requested. Site development plan elements shall include those listed below which are 574 appropriate to the proposed development or use as indicated in the preapplication meeting 575 required by the provisions of subsection 2.41. 576 2.51 Scale dimensions: Ten, 20, 30 or 40 feet to the inch, except that if the property 577 has a maximum dimension over 900 feet, a scale of 50 feet to the inch may be used. 578 2.52 Legal data: 579 (A) Tax parcel identification number. 580 (B) Name and address of the owner of record. 581 (C) Name and address of the equitable owner, if any. 582 (D) Name and address of the person, firm or organization preparing the map. 583 (E) Date, north point and written and graphic scale. 584 (F) Sufficient description of information to define precisely the boundaries of the 585 site, and total acreage of the site. All distances shall be given in feet and tenths 586 of a foot. All angles shall be given to the nearest ten seconds or closer. The 587 error of closure shall not exceed one in 10,000. 588 (G) The locations, names and existing widths of adjacent street rights-of-way and 589 curblines. 590 (H) The locations and owners of record of all adjoining lands. 591 (I) Locations, widths and purposes of all existing and proposed easements, 592 setbacks, reservations and areas dedicated to public use within or adjoining 593 the property. 594 (J) A complete outline of existing or proposed deed restrictions or covenants 595 applying to the property and recital of the deed references if they are of 596 record. 597 (K) Existing zoning on the site and adjacent properties. 598 (L) Two location maps, one at a scale of 1,200 feet to the inch, and one at a scale 599 of 400 feet to the inch, showing the distance along all adjacent roads to the 600 nearest intersections. 601 (M) Record of any agreements between the applicant and the city regarding the 602 proposed development. Draft Amendments to Article 10 May 10, 2011 Page 16 of 33

603 2.53 Natural features: 604 (A) Contour lines at vertical intervals of two feet for land with an average existing 605 slope of four percent or less, and at intervals of five feet for land with an 606 average existing slope greater than four percent. 607 (B) Location of different soil types, as indicated by the soil survey of Kent 608 County, prepared by the Natural Resources Conservation Service, and 609 including locations of flood hazard areas as identified in the FEMA Flood 610 Insurance Maps. The soils information shall be supplemented by soil boring 611 and percolation test data, if requested by the city. 612 (C) Location of significant natural features, including bodies of water, wetlands, 613 and forest areas. 614 2.54 Proposed development: 615 (A) Existing buildings and other structures. 616 (B) Location and width of all proposed streets and rights-of-way. Speed bumps or 617 speed dips for the purpose of slowing down traffic on any street shall not be 618 permitted. 619 (C) Location of all proposed structures, except one-family detached dwellings, 620 and an indication of the total number of dwelling units. 621 (D) Location and dimensions of all lot lines. 622 (E) Building setback lines on all lots. 623 (F) Location of all uses not requiring structures, including parks, playgrounds and 624 other open space areas. 625 (G) Location and plans for any outdoor signs. 626 (H) Location, direction, power and time of use for any proposed outdoor lighting. 627 (I) The location, size and arrangement of proposed sidewalks, driveways, loading 628 areas, off-street parking areas and other paved areas. 629 (J) Indication of the total amount of impervious surfaces and the development 630 coverage. 631 (K) Any proposed changes in elevation of the site and elevations of all streets, 632 parking areas, and building foundations. The datum to which all elevations, 633 including existing contour elevations, refer shall be clearly indicated on the 634 plan. 635 (L) Plans for surface drainage of the site. Such plans shall include stormwater run- 636 off calculations and shall show the proposed method of accommodating the 637 anticipated run-off. 638 (M) Any proposed below-ground or above-ground utilities and any contemplated 639 public improvements, including road improvements, on or adjoining the 640 property. Plans for such utilities and improvements shall indicate whether the 641 developer, the city, or other agency will bear the financial responsibility for Draft Amendments to Article 10 May 10, 2011 Page 17 of 33

642 the construction, and which improvements are intended to be dedicated to the 643 city. 644 (N) Proposed grading, screening and other landscaping, including types and 645 locations of proposed street trees. 646 (O) Architectural elevation drawings or other graphic representations illustrating 647 exterior building characteristics of proposed buildings and/or building 648 additions that would be visible from the public right-of-way. Elevation 649 drawings shall be drawn to scale and shall reflect major architectural elements 650 such as exterior surface materials, windows, doors, columns, and wall- 651 mounted signage. Elevation plans are intended to provide a general depiction 652 of the physical appearance, massing and scale of the proposed construction. 653 2.55 Requested information. Full and complete information requested by the city 654 planner in accordance with the development information requirements set forth in 655 section 4. 656 2.56 Development in stages. If the site development plan indicates more than one 657 stage of the development, supplementary material shall be included to show 658 compliance with section 9, development in stages. 659 2.57 Miscellaneous information. Other information deemed by the planning 660 commission to be necessary to determine conformity with the intent of this ordinance. 661 Section 3. Historic district commission and architectural review. 662 3.1 Historic district commission established. 663 3.11 Creation and purpose. There shall be a historic district commission for the 664 purpose of assisting the planning commission and city planner in reviewing 665 applications for architectural review certifications as specified in subsection 3.2; and 666 for making recommendations for designation of historic district zones; and for 667 establishing guidelines for the preservation and conservation of historic district zones; 668 and for advising other officials and departments in the City of Dover in matters 669 concerning historic preservation; and for reviewing all proposed National Register 670 nominations in the City of Dover; and for acting as a liaison on behalf of the City of 671 Dover to individuals and organizations concerned with historic preservation; and for 672 carrying out programs of historic preservation education in the City of Dover. 673 3.12 Appointment. The commission shall consist of five members nominated by the 674 mayor and approved by the city council, who are residents of the City of Dover and 675 who have demonstrated special interest, experience, or knowledge in history, 676 architecture, or historic preservation. Two of the members, to the extent available, 677 shall be professional members representing the professions of architecture, history, 678 archaeology, planning, historic preservation or related disciplines. At least two Draft Amendments to Article 10 May 10, 2011 Page 18 of 33

679 members shall be residents of the district, and at least one shall represent the business 680 within the district. 681 3.13 Term. The members of the commission shall serve for three-year staggered 682 terms. Vacancies shall be filled within 60 days in accordance with subsection 3.12 of 683 this section. 684 3.14 Organization. The commission shall meet at least four times per year in a place 685 that is advertised in advance and open to the public and shall keep minutes of its 686 meetings that are available to the public. All review decisions shall be made in public. 687 The commission shall establish bylaws for its general procedure, which shall include 688 a section addressing conflicts of interest. 689 3.2 Architectural review certification. 690 3.21 Effect of architectural review certificate. No building permit or certificate of 691 occupancy may be issued for any structure in the historic district until an architectural 692 review certificate is issued as required under article 3, section 21, subsection 21.3 for 693 the historic district. 694 3.22 Architectural review certification by the city planner. 695 (A) An architectural review certificate for specific classes of building permits, 696 including fences, signs, siding, window and door replacement, roofing, the 697 addition or replacement of decorative features, minor demolition, residential 698 additions, and other construction of a minor nature, may be issued by the city 699 planner, after a review and determination that the proposed construction is in 700 general accordance with the standards set forth in subsection 3.25. 701 (B) The city planner may refer any permit application for demolition or 702 construction in the historic district for consultation with commission. 703 (C) All decisions of the city planner pursuant to this subsection shall be 704 documented on the building permit. When the city planner grants a 705 conditional approval under this section, all conditions of approval shall be set 706 forth in writing on the building permit. In the event of a denial, the reasons for 707 such denial shall be documented in a written notice of decision which shall 708 identify all elements of the application found to be contrary to the provisions 709 or intent of this section. 710 (D) An applicant may appeal the decision of the city planner to the historic district 711 commission and such appeal shall be considered as an architectural review 712 certification application to the historic district commission and shall meet all 713 of the requirements set forth in subsection 3.23. 714 3.23 Architectural review certification by the historic district commission 715 (A) The historic district commission shall issue architectural review certificates 716 for the construction or demolition of single-family and two-family homes, and Draft Amendments to Article 10 May 10, 2011 Page 19 of 33

717 nonresidential structures or additions involving a gross floor area of 3,000 718 square feet or less, after review of the proposed construction and after a 719 determination that the construction is in general accordance with the standards 720 set forth in subsection 3.25 below. 721 (B) All applications to the historic district commission for architectural review 722 certification shall be subject to the procedures set forth in subsection 3.26. 723 (C) All decisions of the historic district commission pursuant to this subsection 724 shall be formalized in a written notice of decision. When the commission 725 grants a conditional approval under this subsection, all conditions of approval 726 shall be set forth in writing in the notice of decision. In the event of a denial, 727 the notice of decision shall state the reasons for denial and shall identify all 728 elements of the application found to be contrary to the provisions or intent of 729 this subsection. 730 (D) An applicant may appeal the decision of the historic district commission to the 731 planning commission, and such appeal shall be considered as an architectural 732 review certification application to the planning commission and shall meet all 733 of the requirements set forth in subsection 3.24 and subsection 3.26. 734 3.24 Architectural review certification by the planning commission. 735 (A) The planning commission shall issue architectural review certificates referred 736 or appealed to it, upon review of the recommendations of the historic district 737 commission and upon a determination that the proposed construction is in 738 accordance with the standards set forth in subsection 3.25. 739 (B) All applications to the planning commission for architectural review 740 certification shall be subject to the procedures set forth in subsection 3.26. 741 (C) All decisions of the planning commission pursuant to this subsection shall be 742 formalized in a written notice of decision. When the planning commission 743 grants a conditional approval under this subsection, all conditions of approval 744 shall be set forth in writing in the notice of decision. In the event of a denial, 745 the notice of decision shall state the reasons for denial and shall identify all 746 elements of the application found to be contrary to the provisions or intent of 747 this subsection. 748 3.25 Architectural review standards. 749 (A) An architectural review certificate may be issued if it is found that the 750 architectural style, general design, height, bulk and setbacks, arrangement, 751 location and materials and structures affecting the exterior appearance are 752 generally in harmony with neighboring structures and complementary to the 753 traditional architectural standards of the historic district as set forth in the 754 historic district design guidelines and standards adopted by the planning Draft Amendments to Article 10 May 10, 2011 Page 20 of 33

755 commission and as set forth in the United States Secretary of the Interior's 756 Standards for Rehabilitation. 757 (B) The city planner, historic district commission or planning commission shall 758 not consider normal maintenance and repair (see definitions, article 12), 759 interior arrangement, or building features not subject to public view. 760 3.26 Procedures for an architectural review by the historic district commission and/or 761 planning commission. 762 (A) Architectural preapplication meeting. Prior to action on any application for an 763 architectural review certificate, the applicant shall meet in person with the city 764 planner or his delegated representative. The purpose of such conference shall 765 be to discuss the proposed construction or other action requiring the certificate 766 in order to determine what information is useful in the determination of 767 conformity with the provisions and intent of the historic district regulation as 768 expressed in this ordinance. 769 (B) Application and fee. The application to the historic district commission for an 770 architectural review certificate and related information shall be submitted to 771 the city planner at least 30 days prior to the historic district commission 772 meeting at which review is requested and shall be accompanied by a fee as 773 provided for in Appendix F--Fees and Fines. 774 (C) Public hearing. Prior to the review and action on a architectural review 775 certification, the historic district commission shall hold a public hearing 776 subject to the following public notification procedures: 777 (1) The applicant shall advertise the public hearing newspaper of general 778 circulation at least 15 days prior thereto. 779 (2) The applicant shall notify, by mail, all property owners within 300 feet of 780 the extreme limits of the subject property as their names appear on the 781 municipal tax record at least 15 days prior thereto. 782 (3) The applicant shall post a notice outlining the date, time, place, and nature 783 of the hearing in a conspicuous location on the property. Such notice shall 784 be designed in accordance with standards set forth by the planning 785 commission. 786 (4) The applicant shall provide the planning office with a copy of the notice, 787 verification of newspaper publication, a date-stamped photo of the 788 property posting, and post office mail receipts indicating date of mailing 789 for all letters on or before the meeting date. 790 (5) Said notices shall state the date, time, and place of the hearings before the 791 historic district commission, a brief description of the project and shall 792 state that a copy of the application and plan is on file with the planning 793 office for public review. Draft Amendments to Article 10 May 10, 2011 Page 21 of 33

794 (6) If the planning commission is reviewing a project in accordance with other 795 sections of this article, then the public hearing notice on those applications 796 must also give notice of architectural review certification. 797 (D) Application information. The applicant shall provide such information and 798 documents listed below which will satisfactorily illustrate the proposed action 799 as indicated in the architectural preapplication meeting required in subsection 800 3.26(A): 801 (1) All plan elements required in subsection 2.5. 802 (2) Plans and specifications indicating existing and proposed development, 803 including structures, architectural elevation drawings, trees and any other 804 landscaping, existing and proposed, including the general design, location 805 and orientation of structures in relation to curb line, right-of-way line and 806 neighboring buildings, colors, and materials to be used on exterior 807 surfaces, detailed plans for any signs, photographs of the existing site and 808 neighboring buildings, and such other information as will enable the 809 historic district commission or planning commission to determine 810 conformity with the ordinance. 811 (E) City planner report. For each application to the planning commission the city 812 planner shall issue a report to the planning commission including comments 813 from other agencies detailing how the application conforms to the 814 requirements of the zoning ordinance and other provision of city and state 815 codes. The city planner shall transmit copies of the proposed site development 816 plan and the city planner’s report at least seven days prior to the date of the 817 meeting at which approval of the site development plan is to be requested. 818 (F) Historic district commission action. The historic district commission shall act 819 to review and render a recommendation to approve any such application 820 within 45 days of transmittal to the commission or within such additional time 821 as may be consented to by the applicant. The recommendation of the historic 822 district commission shall be forwarded to the planning commission and acted 823 upon by the planning commission in conjunction with action on the associated 824 site development plan. If a site development plan application is not filed in 825 accordance with the provisions of subsection 2.4 of this article within one year 826 of recommendation, the recommendation shall expire. The historic district 827 commission may grant a one-year extension of its recommendation upon 828 written request by the applicant. Such request shall be made in writing to the 829 planning office at least thirty days prior to the expiration of the historic district 830 commission’s recommendation. 831 (G) Substantial Amendments. Substantial amendments to an application or an 832 architectural review certificate shall be acted upon in the same manner as the 833 original plan. Draft Amendments to Article 10 May 10, 2011 Page 22 of 33

834 (H) Expiration of architectural review certification issued by the historic district 835 commission. 836 (1) Architectural review certification approval shall expire on the last day of 837 the 12th month after the date of approval if construction of the work 838 authorized or use permitted has not started or unless an extension of time 839 is applied for by the applicant and granted by the historic district 840 commission. Approval shall also expire if the construction of work 841 authorized has stopped for a period of one year unless an extension of time 842 is applied for and granted by the historic district commission. 843 (2) Request for extension of approval shall be made no later than 30 days 844 prior to the final approval expiration date. Upon receipt of such request, 845 the matter shall be considered at the next regularly scheduled meeting of 846 the historic district commission. 847 (3) In considering a request for an extension of approval, the historic district 848 commission shall consider, but not be limited to, the following: 849 (a) Whether the project has been delayed for reasons beyond the control 850 of the applicant, excluding economic or financial reasons. 851 (b) Whether the applicant has made substantial progress toward obtaining 852 final approvals. 853 (c) Whether there have been any significant changes in the surrounding 854 neighborhood. 855 (d) Whether there has been any related amendments to the zoning map or 856 text, or the comprehensive plan, or if any waivers or variances have 857 been granted. 858 (4) Requests for extensions shall be submitted in writing to the planning 859 office. 860 (5) Under no circumstances shall the historic district commission grant 861 extensions beyond 24 months from the date of first approval. 862 3.3 Historic district amendments. 863 3.31 Historic district commission review required. Any motion or petition to amend, 864 supplement, or repeal a historic district by the city council in accordance with section 865 5, amendments, shall require a report by the historic district commission as set forth 866 in article 3, subsection 21.4. 867 3.32 Review criteria for placing individual structures in a historic district. The historic 868 district commission may recommend that an individual structure or property be 869 placed in an existing contiguous historic district or be placed in a historic district 870 specifically created for the property or structure upon considering the following 871 criteria and factors: Draft Amendments to Article 10 May 10, 2011 Page 23 of 33

872 (A) Significant value as part of the historical, cultural, artistic, social, ethnic or 873 other heritage of the nation, state or community; 874 (B) Association with an important person or event in national, state, or local 875 history. 876 (C) Representative of the distinguishing characteristics of an architectural type 877 inherently valuable for the study of a period, style, craftsmanship, method of 878 construction or use of indigenous material; 879 (D) Notable work of a master builder, designer, architect, or artist whose 880 individual genius has influenced an era; 881 (E) The desire of the owner to have the property designated; 882 (F) Increased potential of economic or community development. 883 3.33 Review criteria for amendments or creation of new historic districts. The historic 884 district commission may recommend amendments to an existing historic district, 885 recommend repeal of an existing historic district or recommend the creation of a new 886 historic district upon considering the following criteria: 887 (A) Any criteria listed in subsection 3.32. 888 (B) Distinctive character or homogeneity of architectural design or dates of 889 construction throughout the area. 890 (C) Identifiable by clear and distinctive boundaries. 891 (D) Repetition of distinguishing architectural or land use characteristics 892 throughout the area. 893 3.34 Public hearing required. For all proposed amendments to the boundary of the 894 historic district, the historic district commission shall hold a public hearing subject to 895 the following public notification procedures: 896 (A) The planning office shall advertise the public hearing in a newspaper of 897 general circulation at least 15 days prior thereto. 898 (B) The planning office shall notify, by mail, all directly affected property owners 899 and all property owners within 300 feet of the extreme limits of the properties 900 proposed for addition to or removal from the district as their names appear on 901 the municipal tax record at least 15 days prior thereto. 902 3.4 Demolition by neglect. 903 3.41 Responsibility of property owners. Property owners of properties within the 904 historic districts shall not allow their buildings to be demolished by neglect (see 905 definitions, article 12) by failing to provide ordinary maintenance or repair. 906 3.42 Responsibility of the historic district commission. The historic district 907 commission shall monitor the condition of historic properties and existing buildings 908 in the historic district to determine if they are being demolished by neglect by failing 909 to provide ordinary maintenance and repair (see definitions, article 12). In the event Draft Amendments to Article 10 May 10, 2011 Page 24 of 33

910 that the commission determines a demolition by neglect is occurring, it shall carry out 911 the following: 912 (A) Determine and set forth steps required to remedy the situations or defects. 913 (B) Direct the city planner to inform the property owners of its findings, 914 determination, and recommended remedies. 915 (C) In the event that the property owners fail to commence work within the 916 reasonable time allotted by the commission, the commission may direct the 917 building inspector to begin proceedings under chapter 22, buildings, and 918 building regulations, article XI, dangerous buildings, of the Code of 919 Ordinances for the City of Dover to bring about the repair or demolition of the 920 building. 921 3.43 Responsibility of the city planner. The city planner shall notify the historic 922 district commission of buildings within the historic district that meet the definition of 923 dangerous buildings under the provisions of chapter 22 buildings and building 924 regulations, article XI dangerous buildings, of the Code of Ordinances for the City of 925 Dover. In such cases the commission shall determine if the building is being 926 demolished by neglect. Before referring a property to the commission for 927 consideration as demolition by neglect, the city planner shall give written notice to 928 the owner, occupant, mortgagee, lessee, agent, and all other persons having an 929 interest in said building, as shown by the records of the recorder of deeds of the 930 county, to appear before historic district commission at the time, date and location 931 specified. 932 Section 4. Development information requirements. 933 4.1 In order to more effectively evaluate the probable impact of proposed development 934 and thereby to carry out the purposes of this ordinance when making decisions and 935 recommendations regarding development proposals, the planning commission, historic 936 district commission, or city planner may adopt a standard set of information 937 requirements, which may be updated from time to time as necessary. 938 4.2 The information requirements shall be administered by the city planner and shall be a 939 part of submission requirements for all applications to the planning commission. 940 Section 5. Amendments. 941 This ordinance or any part thereof may be amended, supplemented or repealed, from time 942 to time, by the city council on its own motion or upon application, as provided in chapter 943 3 of title 22, Municipalities of the Delaware Code Annotated (22 Del. C. § 301 et seq.). 944 Every such proposed amendment shall be referred by the city council to the planning 945 commission for a report before the public hearing. The city council shall not take action 946 on any such amendment without a report from the planning commission unless the Draft Amendments to Article 10 May 10, 2011 Page 25 of 33

947 planning commission fails to render such a report within 75 days after its regularly 948 scheduled meeting following such referral. 949 5.1 Types of amendments to the ordinance. The following are the types of amendments 950 that may be made to the ordinance: 951 5.11 Zoning text amendments. Amendments to ordinance text may be made upon 952 initiation of the city planner or under sponsorship of three members of city council. 953 5.12 Map amendment by application. A property owner may make application to the 954 city for amendment of the zoning map as it relates to his property. Amendments to the 955 zoning map may also be initiated by sponsorship of three members of city council and 956 shall be considered under the procedures of subsection 5.3 as it relates to applications 957 for map amendments. 958 5.13 Comprehensive zoning map amendment. Amendment to the zoning map as a 959 result of a new, revised, or amended comprehensive plan, or other formal plan or 960 study shall be considered as a comprehensive zoning map amendment and shall be 961 initiated by the planning office. 962 5.2 Procedure for zoning text amendments in accordance with subsection 5.11. 963 5.21 Public hearing and notice. An amendment to the ordinance text shall be subject 964 to public hearing before the planning commission and city council prior to adoption. 965 Such hearing shall be advertised in a newspaper of general circulation at least fifteen 966 (15) days prior to the planning commission hearing. Such notices shall state the date, 967 time and place of the planning commission and city council hearings and a brief 968 description of the proposed zoning text amendment, and specify that documents are 969 available in the planning office for review. 970 5.22 City planner report. For each proposed zoning text amendment, the city planner 971 shall issue a report to the planning commission and city council, including comments 972 from other reviewing agencies, that evaluates the following factors: 973 A) Whether such change is consistent with the aims and principles embodied in 974 the ordinance as to the particular zones concerned; and 975 B) Whether such proposed amendment is consistent with the aims of the 976 comprehensive plan of the city. 977 5.23 Report of the planning commission. Regarding each proposed amendment to the 978 ordinance text, the planning commission shall provide a report to the city council 979 stating a recommended action with regards to the proposed amendment, along with 980 the commission’s evaluation of the following factors: 981 A) Whether such change is consistent with the aims and principles embodied in 982 the ordinance as to the particular zones concerned; and Draft Amendments to Article 10 May 10, 2011 Page 26 of 33

983 B) Whether such proposed amendment is consistent with the aims of the 984 comprehensive plan of the city. 985 5.3 Application procedure for zoning map amendments in accordance with subsection 986 5.12. 987 5.31 Preapplication Meeting. Prior to the submission of a zoning map amendment 988 application, the applicant or his representative shall meet in person with the city 989 planner or his designee to discuss the rezoning request. The purpose of this meeting 990 shall be to discuss proposed uses or developments and to review the process and 991 submission requirements. 992 5.32 Application. Application for a zoning map amendment shall be submitted to the 993 city planner, on forms approved by the planning commission, along with a fee as 994 provided for in Appendix F--Fees and Fines, and copies of a site map as described 995 below. 996 (A) Submission requirements accompanying applications for amendments to the 997 zoning map. The applicant shall cause a site map to be prepared by a civil 998 engineer, surveyor, land planner, or architect. The applicant shall submit 999 copies of the site map to the city planner. The elements to be included on the 1000 site map are listed below: 1001 (1) Scale and dimensions. The map shall be at least 8.5 by 11 inches and at a 1002 scale of ten, 20, 30 or 40 feet to the inch, except that if the property has a 1003 maximum dimension over 900 feet, a scale of 50 feet to the inch may be 1004 used. 1005 (2) Legal data. 1006 (a) Tax parcel identification number. 1007 (b) Name and address of the owner of record. 1008 (c) Name and address of the equitable owner, if any. 1009 (d) Name and address of the person, firm or organization preparing the 1010 map. 1011 (e) Date, north point and written and graphic scale. 1012 (f) Sufficient description of information to precisely define the boundaries 1013 of the property and that portion of the property for which a rezoning is 1014 requested; and total acreage for which a rezoning is requested. All 1015 distances shall be in feet and hundredths of a foot. All angles shall be 1016 given to the nearest second or closer. The error of closure shall not 1017 exceed one in 10,000. 1018 (g) The locations, names and existing widths of adjacent street rights-of- 1019 way and curblines. Draft Amendments to Article 10 May 10, 2011 Page 27 of 33

1020 (h) Location, width and purpose of all existing and proposed easements, 1021 reservations and areas dedicated to public use within or adjoining the 1022 property. 1023 (i) Existing and proposed zoning. 1024 (j) Any existing development on the property, including buildings, fences 1025 and landscape screening. 1026 (k) Full and complete information requested by the city planner in 1027 accordance with the development information requirements set forth in 1028 section 4. 1029 5.33 Setting of hearings and referral to planning commission. For any application to 1030 amend the zoning map, city council shall refer the proposed amendment to the 1031 planning commission and set dates for the public hearings to be held before the 1032 planning commission and city council. 1033 5.34 Advertisement of public hearing. Following referral of a zoning map amendment 1034 application to planning commission by city council, the applicant shall advertise the 1035 public hearing as follows: 1036 (A) The applicant shall notify by mail all property owners within a distance of 300 1037 feet of the extreme limits of the subject property of the public hearing dates, 1038 times and locations. 1039 (B) The applicant shall advertise the public hearings in a newspaper of general 1040 circulation at least fifteen (15) days prior to the planning commission hearing. 1041 Such notices shall state the date, time and place of the planning commission 1042 and city council hearings and a brief description of the proposed zoning map 1043 amendment, and specify that documents are available in the planning office 1044 for review. 1045 (C) The applicant shall also post a notice outlining the date, time, place, and 1046 nature of the hearings in a conspicuous location on the property. Such notice 1047 shall be designed in accordance with standards set forth by the planning 1048 commission and city council. 1049 (D) The applicant shall provide the planning office with a copy of the notice, 1050 verification of newspaper publication, a date-stamped photo of the property 1051 posting, and post office mail receipts indicating the date of mailing for all 1052 letters on or before the planning commission meeting date. 1053 5.35 City planner report. For each application for a zoning map amendment, the city 1054 planner shall transmit a report to the planning commission and city council, including 1055 comments from other reviewing agencies that evaluate the following factors: 1056 (A) Whether the uses permitted by the proposed change would be compatible with 1057 the existing uses and zones in the area concerned; Draft Amendments to Article 10 May 10, 2011 Page 28 of 33

1058 (B) Whether adequate public services and infrastructure exist or can be created or 1059 expanded to serve the needs of any additional demand as a result of such 1060 change; and 1061 (C) Whether the proposed change is in accordance with the city’s current 1062 comprehensive plan. 1063 5.36 Report of the planning commission. Regarding each application for a zoning 1064 map amendment, the planning commission shall provide a report to the city council 1065 stating a recommended action with regards to the proposed amendment, along with 1066 the commission’s evaluation of the following factors: 1067 (A) Whether the uses permitted by the proposed change would be compatible with 1068 the existing uses and zones in the area concerned; 1069 (B) Whether adequate public services and infrastructure exist or can be created or 1070 expanded to serve the needs of any additional demand as a result of such 1071 change; and 1072 (C) Whether the proposed change is in accordance with the city’s current 1073 comprehensive plan. 1074 5.37 Amendment of zoning map. Following action by city council with regards to an 1075 application to amend the zoning map, the planning office shall update the zoning map 1076 to reflect the action of city council. 1077 5.38 Notice of decision. The city clerk shall send the applicant a letter notifying the 1078 applicant of the city council’s action regarding the application for a zoning map 1079 amendment. 1080 5.4 Procedure for comprehensive zoning map amendment in accordance with subsection 1081 5.13. 1082 5.41 Public hearing and notice. A comprehensive zoning map amendment shall be 1083 subject to public hearing before the planning commission and city council prior to 1084 adoption. The planning office shall advertise the public hearings as follows: 1085 (A) The planning office shall advertise the public hearing in two newspapers of 1086 general circulation at least fifteen (15) days prior to the planning commission 1087 hearing. 1088 (B) The planning office shall notify all affected property owners by mail at least 1089 15 days prior to the planning commission hearing, informing them of the 1090 proposed zoning map amendment as it relates to their property. 1091 (C) Such notices shall state the date, time and place of the planning commission 1092 and city council hearings and a brief description of the proposed zoning map 1093 amendment, and specify that documents are available in the planning office 1094 for review. 1095 Draft Amendments to Article 10 May 10, 2011 Page 29 of 33

1096 5.42 City planner report. For any comprehensive zoning map amendment, the city 1097 planner shall issue a report to the planning commission and city council, including 1098 comments from other reviewing agencies, that identifies: 1099 A) The reasons for the comprehensive zoning map amendment; 1100 B) All properties where a change in zone is proposed; and 1101 C) How the proposed changes to the zoning map support the city’s current 1102 comprehensive plan. 1103 5.43 Report of the planning commission. Regarding each application for a 1104 comprehensive zoning map amendment, the planning commission shall provide a 1105 report to the city council stating a recommended action with regards to the proposed 1106 amendment, along with the commission’s evaluation of the following factors: 1107 (A) Whether the uses permitted by the proposed change would be compatible with 1108 the existing uses and zones in the area concerned; 1109 (B) Whether adequate public services and infrastructure exist or can be created or 1110 expanded to serve the needs of any additional demand as a result of such 1111 change; and 1112 (C) Whether the proposed change is in accordance with the city’s current 1113 comprehensive plan. 1114 5.44 Adoption of comprehensive zoning map amendment. Upon adoption of the 1115 comprehensive zoning map amendment by city council, the zoning of properties shall 1116 be as reflected in the adopted map. 1117 5.45 Notice of decision. The city shall notify all affected property owners in writing 1118 with regards to any amendments to the zoning map that affect their properties. 1119 5.5 Amendment protests. In the case of a protest against any amendment, such 1120 amendment shall not become effective, except in accordance with the provisions of 1121 section 305 of chapter 3 of title 22, Municipalities, of the Delaware Code Annotated (22 1122 Del. C. § 305). 1123 5.6 Zoning map amendment approvals. In all cases where the city council shall approve 1124 an amendment to the zoning map, the said council shall find that, for reasons fully set 1125 forth in the said findings, such amendment is in conformity with the comprehensive plan 1126 for the city. 1127 5.61 Reconsideration, one-year limitation. 1128 (A) Whenever an amendment has been denied by the city council, such 1129 amendment, or one substantially similar, shall not be reconsidered sooner than 1130 one year from the date of the prior denial, except as provided in subsection 1131 (B) hereof. Draft Amendments to Article 10 May 10, 2011 Page 30 of 33

1132 (B) Notwithstanding the provisions of subsection (A) hereof, the planning 1133 commission may request the council to reconsider an application within the 1134 one-year period from the denial of the same if the land use in the area has 1135 changed to such a degree that failure to do so would prevent proper planning 1136 and development of the area in question. 1137 5.7 Closed zones. Where the city finds that new development in a certain zone would be 1138 inconsistent with the purposes of this ordinance, but that elimination of or substantial 1139 changes to the zone would create a hardship for many owners of existing buildings and 1140 land in that zone, the city may declare the zone closed. The city council shall not accept 1141 or approve amendments to the zoning map which would place land in a closed zone. 1142 Closed zones include: 1143 (A) R-7; 1144 (B) RG-4; 1145 (C) RG-O, except in the downtown redevelopment target area as described in 1146 appendix C of the City of Dover Code of Ordinances. 1147 BE IT FURTHER ORDAINED: 1148 That Appendix F – Fees and Fines be amended by deleting the text shown in red bold 1149 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. Application procedure; Conditional use permit; $325.00, 1.52 each application ..... plus $15.00 per acre of the area or multiple thereof involved in the application Sec. 2 Site development plan approval Subsec. Fees ..... Application for site 2.45 development plan 2.42 approval—$325.00 Application for administrative site plans— $125.00 Subsec. Fees…. Application for site 2.43 development plan approval—$325.00 Sec. 3 Historic district commission and architectural review Subsec. Procedures for an architectural review by the historic district commission or Draft Amendments to Article 10 May 10, 2011 Page 31 of 33

3.25 planning commission 3.26 Subsec. Application and fee for an $250.00 (b) architectural review certificate ..... Sec. 5 Amendments Subsec. Fees 5.12 5.32 Each petition application for a Minimum fee of $325.00, in rezoning amendment ..... addition to required district supplemental fee Residential and single-family (R-7, $10.00 per acre 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-1, $50.00 per acre C-1A, C-2, C-2A, C-3, CPO, RC and IO); supplemental fee ..... Shopping center development (SC-1, $60.00 per acre SC-2 and SC-3); supplemental fee ..... Manufacturing and industrial $60.00 per acre development (M and IPM); supplemental fee ..... All applications for amendment to $250.00 the zoning ordinance (appendix B) ..... 1150 1151 BE IT FURTHER ORDAINED: 1152 That the amendments shall be affective upon adoption of this ordinance and that any unexpired 1153 conditional use permit, site development plan, or architectural review certificate approval shall Draft Amendments to Article 10 May 10, 2011 Page 32 of 33

1154 be eligible for extension of approval by the approving body for a period of time not to exceed 36 1155 months from the last day of the month during which initial approval was granted by that body. 1156 1157 SYNOPSIS 1158 The proposed ordinance would amend the 1159 procedures for conditional use permits, site 1160 development plans, architectural review certificates 1161 and amendments to the zoning ordinance. Included 1162 in the proposed amendments are measures to clarify 1163 and streamline certain review processes and expand 1164 public notification requirements. Draft Amendments to Article 10 May 10, 2011 Page 33 of 33

Summary of Proposed Changes to Zoning Ordinance Article 10 – Planning Commission Background Article 10 of the Zoning Ordinance includes the processes and procedures associated with Planning Office, Planning Commission, and Historic District Commission applications, as well as the procedure for amending the Zoning Ordinance. Application types included in this Article include Conditional Use Permits, Site Development Plans, Architectural Review Certificates, and Zoning Map Amendments. Over the past nine months, the Planning Office has been reviewing the provisions of Article 10 and developing proposed changes aimed at improving consistency within the ordinance, streamlining review processes, removing antiquated language, and expanding public notification requirements. Because the review of Article 10 is extensive and detailed, this summary is provided in effort to highlight the changes so that they may be more easily reviewed and understood. Overview of Proposed Changes Consistency in Wording and Process For all applications for Conditional Use Permits, Site Development Plans, Architectural Review Certificates, and Amendments to the Zoning Map, the following steps in the process are made consistent with practice and with each other. • Pre-application Meeting – References to “presubmission conference” are replaced with “pre- application meeting.” In areas where code does not reference either of these, the pre- application meeting is added. • City Planner Report – Several existing sections call for a report of the building inspector. This was replaced with the City Planner’s Report, which is the report of the Development Advisory Committee. Consistent language is added for all application types. • Notice of Decision – Language is added for all application types stating that the City will issue a notice of decision to the applicant. • Amendments to Plans – Currently the ordinance reads that amendments “shall be acted upon in the same manner as the original plan.” The proposed ordinance would make this the case for substantial amendments. Amendments deemed by the City Planner not to be significant may be referred to the Planning Commission at the discretion of the City Planner without requiring a new public hearing. This is consistent with current practice. If we were to hold to the letter of the current ordinance requirements, all amendments would be subject to public hearing. Substantial amendments would continue to be subject to a public hearing. Summary of Proposed Changes to Article 10 April 26, 2011 Page 1 of 3

• Final Plans – For Conditional Use Permits and Site Plans, the proposal adds language regarding completing the final plans following the Planning Commission’s approval, which includes obtaining agency approvals. Expiration of Plans Currently, Conditional Use Permits and Site Development Plans expire after one year following Planning Commission approval if construction has not commenced. The current ordinance allows for one 12- month extension. The proposed ordinance would have plans expire two years after Planning Commission approval if construction hasn’t commenced. It would also allow for one 12-month extension. This would extend the life of Conditional Use Permits and Site Development Plans from two years to three years. The proposed ordinance would also clarify the timeframe for expiration of recommendations of the Historic District Commission regarding Architectural Review Certificates. Additionally, amendments to the Zoning Map (rezoning) expire after one year under the current provisions, unless an extension is granted by City Council. The proposed ordinance would remove this provision. Public Notice The table below compares the current public notification requirement with what is proposed for Conditional Use Permits, Site Development Plans, and Architectural Review Certificates. Media Current Proposed Mailed Notice Sent to all property owners Sent to all property owners within 200 feet of subject within 300 feet of subject property at least 10 days prior property at least 15 days prior to Planning Commission or to Planning Commission or Historic District Commission Historic District Commission meeting meeting Newspaper Ad In one local newspaper at In one local newspaper at least 10 days prior to Planning least 15 days prior to Planning Commission or Historic Commission or Historic District Commission meeting District Commission meeting Physical Posting Not currently required Notice posted in conspicuous of Property location on subject property at least 15 days prior to Planning Commission meeting The draft proposal also clarifies the public notice requirements for Comprehensive Rezonings and Zoning Text Amendments. Summary of Proposed Changes to Article 10 April 26, 2011 Page 2 of 3

Proposed Changes to Conditional Use Permit Requirements • Clarifies different requirements for a Conditional Use Permit requiring Planning Commission Site Development Plan Approval and a Conditional Use Permit not requiring Planning Commission Site Development Plan Review. • Sets forth clear procedures for revocation of a Conditional Use Permit, which includes a public hearing to be advertised by 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 April 26, 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

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.

ACTION FORM PROCEEDING: Legislative, Finance and Administration Committee DEPARTMENT OF ORIGIN: Planning & Community Development DATE SUBMITTED: June 2, 2011 PREPARED BY: Ann Marie Townshend, AICP, Director of Planning & Community Development & Scott D. Koenig, P.E., Public Services Manager SUBJECT: Draft Ordinance Regarding Homeowners Association Responsibilities REFERENCE: RELATED PROJECT: “Performance and Maintenance Bonding Concerns” – Utility Committee agenda of 1/24/11 REVIEWED BY: EXHIBITS: Draft Ordinance EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: First Reading on June 27, 2011, Referral to Planning Commission on July 18, 2011, Final Action by City Council on August 8, 2011 RECOMMENDED ACTION: Staff recommends that the proposed ordinance be forwarded to City Council with the above timeline for action. BACKGROUND AND ANALYSIS City Council and many residents of the City have expressed concerns about the state of several subdivisions that have gone inactive. This had led to infrastructure that is incomplete and not dedicated to the City and lack of maintenance of the private common areas (stormwater management areas and common open space) by homeowners associations. City Council assigned this issue to staff to develop a list of the problems and potential solutions related to the maintenance of development projects that are incomplete. On January 24, 2011, staff presented a report to the Utility Committee, who in turn ranked the problems and instructed staff to address the three top-ranked problems. This ordinance addresses Problem #4 from the report, “Stormwater/Passive Open Space Not Being Maintained”. The Zoning Ordinance requires that private open spaces within residential development be turned over and maintained by a homeowners association. In many locations, the homeowners association was developed, land is owned by the homeowners association, and yet the property is not being maintained. The City receives complaints about the lack of maintenance. If the City expends funds to maintain these areas, there is no mechanism to recover the funds. The City does not have the resources to maintain these areas without receiving payment to do so. The proposed ordinance would amend the Subdivision Regulations and require that homeowners associations be formed, membership mandatory, and that they assume and continue the maintenance responsibilities for the common open space, including the stormwater management areas, passive open space, and active recreation areas. If the City needs to perform maintenance of these areas due to code violations not addressed by the homeowners association, the City could bill the property owners of the lots within the subdivision to recover costs, and place these charges on the tax bill of these property owners.

CITY OF DOVER PROPOSED ORDINANCE #2011-15 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Appendix A - Subdivisions, Article VII - Special Provisions, be amended by re-lettering Section B - 4 Severability, as Section C and inserting a new Section B - Homeowners associations, to read as follows: 5 B. Homeowners associations. 6 1. Creation of homeowners association. The owner and/or developer shall create a homeowners 7 association for the proposed development where private open space and stormwater management 8 facility ownership and maintenance responsibility exist. The homeowners association shall be 9 organized and established as a legal entity prior to or as a part of the final plat approval and 10 recording process and all documents related to the homeowners association shall be submitted 11 in draft form at the time of application for the subdivision plan review (whether minor or major). 12 Such documents shall be acceptable to the city as a condition of subdivision plan approval. 13 2. Legal documents recorded. The owner and/or developer should pay for the preparation of the 14 legal document necessary to create the association, have same approved by the city solicitor and 15 council and record same in the recorder of deeds office for Kent County. 16 3. Maintenance of property of the homeowners association. The legal documents prepared will 17 give the city the authority to require the homeowner's association to perform routine maintenance 18 and minor/major repairs as necessary to keep the property in good condition, and eliminate any 19 health or safety issues. 20 If the homeowners association does not respond to a notice of violation from the city regarding 21 maintenance within 14 calendar days of the date of such notice, the city shall have the right to 22 perform the work itself or hire a contractor to perform the work and assess each property owner 23 of the homeowner association and/or each owner of property within the final plat for the 24 subdivision a fee to recover its cost. Such fee shall include an administrative charge equal to 15% 25 of the cost of the work performed. This fee will be added to the real estate tax bill as a special 26 assessment to these lot owners. 27 4. Homeowners association requirements. If the applicant is required to establish a homeowners 28 association for purposes of ownership and maintenance of common areas, common facilities 29 and/or open spaces, such association documents shall require, at minimum: 30 a. Membership mandatory. All owners of property within the subdivision must be members of 31 the homeowners association. The members of the homeowners association shall share 32 equitably in the costs of maintaining all open space, common areas and facilities, recreation 33 areas and facilities, and stormwater management areas and facilities which are not accepted 34 by the city in writing in accordance with the provisions of all deed restrictions and 35 maintenance agreements, all applicable property maintenance codes, all record plan notes, 36 and in accordance with procedures established by the homeowners association. The deed 37 restrictions shall require, at minimum, that the costs of such maintenance shall be collectable 38 from the owner of the lot(s) to which such costs are assessed; and that such costs shall be and

Proposed Ordinance #2011-15 - Appendix A, Article VII - Special Provisions Page 2 39 constitute a lien upon such lot(s). 40 b. Responsibilities. The homeowners association shall be responsible for all maintenance, 41 insurance, taxes, fees, and other burdens customary to the ownership of real property and all 42 improvements and construction thereon, including, but not limited to all recreation amenities, 43 walkways, storm water facilities, ponds, landscaping, and other facilities not owned or 44 accepted by the City of Dover. 45 c. Deed restrictions. Restrictive covenants shall provide that in the event the association fails 46 to maintain the common areas, common facilities, and open areas according to the adopted 47 codes of the City of Dover, in accordance with the recorded plan, and in accordance with the 48 requirements of recorded restrictions, the city may: 49 1. Demand that the deficiency of maintenance be corrected. If the homeowners 50 association shall fail to correct the deficiency, after reasonable notice, the city may 51 enter the common area to inspect and correct the deficiency. The cost of such 52 maintenance shall be charged to the association in accordance with the provisions of 53 Section C (3). 54 5. Homeowners association reporting responsibilities. Each homeowners association established 55 pursuant to Appendix A, Subdivisions shall, not later than December 31 of each year, provide 56 to the City Clerk of the City of Dover a listing of the officers of such homeowners association, 57 including their addresses and telephone numbers, and the date of the annual meeting. The 58 homeowners association shall list the terms of office of each officer and the date of the annual 59 election. The homeowners association shall provide the name, address, phone number and 60 contact information for any firm providing services in behalf of or acting as agent for the 61 homeowners association in carrying out its responsibilities. 62 BE IT FURTHER ORDAINED: 63 That the provisions of this ordinance shall be in effect upon its adoption and shall apply to all existing 64 subdivisions where the homeowners association has maintenance responsibilities for open space and 65 stormwater management areas. The city manager shall send a letter to all property owners within the City 66 of Dover who have HOA maintenance responsibilities under this ordinance informing them of these 67 responsibilities and the City's right to bill property owners within the homeowners association for any 68 maintenance performed by the City of Dover due to lack of maintenance on the part of the homeowners 69 association. 70 BE IT FURTHER ORDAINED: 71 That all homeowners associations with maintenance responsibilities for open space and stormwater areas 72 that existed prior to the adoption of this ordinance shall report to the city manager by December 31, 2011 73 those items required in subsection (B)(5) - Homeowners Association Reporting Responsibilities. 74 SYNOPSIS 75 The proposed amendment would clarify the requirement that developers of subdivisions with 76 common open space, including active recreation areas, woodlands, and stormwater

Proposed Ordinance #2011-15 - Appendix A, Article VII - Special Provisions Page 3 77 managements, form homeowners associations where membership is mandatory. It would 78 allow the City to perform work that is the responsibility of the homeowners association if 79 such work is not performed in accordance with code requirements. Such work would be 80 billed to the property owners on their tax bill, including an administrative charge. The 81 proposed amendment would require that homeowners associations with management 82 responsibility for common open space submit annually a listing of officers of the association. 83 The proposed amendment also clarifies that these requirements are retroactive to all 84 subdivisions with common open space in existence prior to adoption of the ordinance. 85 ADOPTED: * 86 Actions History 87 June 13, 2011 - Scheduled for consideration by the Legislative, Finance, and Administration Committee 88 S:\ORDINANCES\2011\Draft\Ordinance 2011-15 - Appendix A - Subdivisions Art VII - Special Provisions.wpd