Attachment

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE AGENDA August 10, 2009 - 12:00 Noon - City Hall Conference Room - 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 Tmcdowell@dover.de.us) should you wish to be recognized. AGENDA ADDITIONS/DELETIONS 1. Review of Active Recreation Areas - Village of Maple Dale: Planned Neighborhood Design - Senior Housing Option 2. Proposed Zoning Text Amendments A. Ordinance #2009-18 - Proposed Amending Appendix B - Zoning, Article 3 - District Regulations, Section 20A - Industrial Park Manufacturing Zone - Technology Center (IPM2) and Appendix B - Zoning, Article 4 - Bulk and Parking Regulations, Section 4.16 IPM B. Ordinance #2009-19 - Proposed amendment to Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations 3. Updates A. Puncheon Run Watershed Action Team Update B. Planning and Funding for New Library C. CDBG Program D. Housing and Recovery Act of 2008 Funds (Neighborhood Stabilization Fund) E. Skate Park Committee F. Youth Advisory Committee G. Comprehensive Rezoning and Plan Amendment /tm S:\ClerksOffice\PACKETS\2009\Committee\PR&CE\08-10-2009\08-10-2009 PR&CE.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.

City of Dover DATA SHEET FOR RECREATION PLAN REVIEW PARKS, RECREATION AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF August 10, 2009 Planning Commission: Future Meeting Plan Title: Villages of Maple Dale Senior Housing Community (MI-09-06) Planned Neighborhood Design – Senior Citizen Housing Option Plan Type: Conceptual Plan: Active Recreation Area Plan Recreation Plan Dated July 22, 2009 Location: Northeast side of Kenton Road; east of Maple Dale Road Tax Parcel Number: ED-05-067.00-04-01.00-000 Owner: Maple Dale Country Club, Inc. Property Area: 149.2 Acres +/- Project Site Area: 12.0 Acres +/- Proposed Use: Residential Development: 3 Condominium Buildings (Total 54 units) and 30 Townhouse Lots Golf Course with facilities Zoning: RC (Recreational and Commercial Zone) Project Summary The Villages of Maple Dale will be reviewed as a Conceptual Plan under the provisions of the Planned Neighborhood Design: Senior Citizen Housing Option. The subject project area is twelve (12) acres of the overall property consisting of 149.2 acres +/-. The Plan proposes the construction of two types of housing units totaling 84 residential units: thirty (30) townhouse units on fee simple lots and three condominium building of 18 units each (total 54 units). Since this PND project involves the subdivision of land the Planning Commission review process is a two step process starting with the Conditional Use Review of the Conceptual Plan then the Preliminary Subdivision Plan (Article 3 §24). Active Recreation Area Plan Summary: As part of the Plan review process for this project, the applicant prepared a Conceptual Recreation Plan which illustrates how the Villages of Maple Dale development will provide recreation amenities in accordance with the design specifications described in Article 3 § 24.61 Common Open Space and Article 5 §10 Open space, recreation, and other public facilities of the Zoning Ordinance. The following excerpt from Article 3§24.61(b) describes the common open space design requirements for this type of PND project: P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

MI-09-06 Villages of Maple Dale: Active Recreation Area Plan Summary Report of Active Recreation Component Parks, Recreation & Community Enhancement Committee Meeting on August 10, 2009 Page 2 of 5 Article 3 §24.61 (b) Senior citizen housing option. Useable open space shall be provided in accordance with the area requirements set forth in article 5, section 10.16 of this ordinance. The location, dimensions and orientation shall be designed to afford maximum accessibility and convenience for the residents of the development. Open space areas shall include landscaped walkways with park benches, patios, and garden areas, and may include other active recreation amenities suited to the needs, abilities and preferences of the anticipated service population. The open space area requirement may be reduced or waived by the planning commission if it is determined that the property on which a senior citizen housing option is proposed is within one-quarter mile walking distance of a public park which offers pedestrian amenities and appropriate recreation opportunities for senior citizens. The Plan indicates that a series of amenities are proposed for use as the Active Recreation Area for the PND project. The proposed amenities include the following: the existing 137 +/- acre 18 hole golf course; two tennis courts (new courts built to replace those displaced by condominium units); swimming pool (new pool built to replace the one displaced by condominium units); existing clubhouse building with its meeting rooms, banquet facility, bar/restaurant; putting green; driving range; and walking paths (existing and new paths). This submission indicates that these amenities will be available for use by the prospective buyers of the residential units. This recreational component must be reviewed by the Parks, Recreation, and Community Enhancement Committee for a recommendation prior to consideration of the Preliminary Site Plan/Subdivision Plan by Planning Commission. The following table provides information from the submitted Plan (dated 7/22/2009) for the Active Recreation Area proposed: Required Provided on Plan Common Open Space in Useable open space following the Facilities for golf, tennis, and PND – Senior Option area requirement of Active swimming (Article §24.61b) Recreation Area Walking paths Active Recreation Area 275 S.F. per dwelling unit or 0.5 Golf course with putting green and (Article 5 §10.16) acre, greater thereof driving range (existing with hole 84 DU = 23,100 S.F. (0.53ac) reconfigurations) Requires 0.53 acres Tennis courts (new construction to replace existing) Clubhouse (existing) Swimming Pool (new construction to replace existing) Walking paths Active Recreation Accessible Series of sidewalks and walking Amenities paths located on the property (Article 5 §10.15) connecting buildings and as part of golf course circulation Active Recreation Age Oriented to development Golf, tennis, and swimming facilities Amenities allow for various skill levels. A more (Article 5 §10.15) passive activity is the walking path.

MI-09-06 Villages of Maple Dale: Active Recreation Area Plan Summary Report of Active Recreation Component Parks, Recreation & Community Enhancement Committee Meeting on August 10, 2009 Page 3 of 5 Parking On site parking provided for each dwelling unit (2 spaces per unit). A general parking lot is located on the west side of the clubhouse. Setbacks: 30 feet from residential Clubhouse, swimming pool, tennis lots and 25 feet from right-of-way court locations are in compliance as for street required. Landscaping Limited information shown on the plan for the Active Recreation Area. Property does include existing trees. Staff Recommendations: The following are comments and recommendations from Staff of the Department of Planning & Inspections and the Parks & Recreation Department following review of the Active Recreation Area proposed. 1. The proposed plan presents a series of existing (and reconfigured) amenities associated with the Maple Dale Country Club as the Active Recreation Area for this project. The plan is required to provide 0.53 acres of Active Recreation Area and it is proposing 137 acres of Active Recreation Area if the full extents of the Maple Dale Country Club property are recognized. 2. Staff recommends approval of the golf course and related facilities, tennis courts, swimming pool, clubhouse, and walking path as meeting the intent of the Active Recreation Area requirements with the following conditions: a. Documentation of the provisions for the residents’ use of the existing facilities must be submitted and noted on the project plans. Clarification is necessary of the residential buyers access to the amenities i.e. membership, additional fees, etc. b. Walking Path improvements must accommodate both pedestrians and golf carts for those areas where the golf course circulation requires a shared use path. 3. Staff recommends the creation of a lawn games area specifically for the use of these residents as an Active Recreation Area. This could provide a lawn area space where games such as bocce, crochet, ladder golf, fitness activities, etc. could be played by the residents. The area adjacent to townhouse Lot 1 could be developed in this fashion including bench seating, tree plantings, landscaping, etc. and specifically identified as the Active Recreation Area for the residential project. 4. Clarification of the walking path system is recommended to identify which areas are intended for golf course users versus the walking path for the residents. a. Identify the construction materials and width of walking path. A paved hard surface is recommended. b. Appropriate signage will need to be installed regarding the hazards of golf course activities, rules of usage, etc. c. Identify the location of rest spots with bench seating along walking path. d. Clarify the path system near the relocated 9th fairway. e. The walking path system should connect to the clubhouse. A portion of the system appears to be missing near the putting green.

MI-09-06 Villages of Maple Dale: Active Recreation Area Plan Summary Report of Active Recreation Component Parks, Recreation & Community Enhancement Committee Meeting on August 10, 2009 Page 4 of 5 f. The walking path system must include the appropriate accessibility accommodations, crosswalks, signage, etc. especially at the points of intersection with vehicular travel lanes. g. Identify if a pedestrian connection to Pine Valley Road is proposed for the walking path located northwest of the condominium buildings. 5. The following items should be included on the Plan to clarify the construction of the recreation area improvements: a. Identify the length of new walking paths to serve this project. b. Provide a construction detail of the new walking path (width, materials). c. A list of the existing and proposed features needs to be provided on the Active Recreation Plan (i.e. the list of amenities, the number of benches and the details of the items). d. Show tree planting locations on the Active Recreation Plan. e. Identify location of lighting. f. Lawn areas shall be appropriate planted (seeded or sodded) and maintained for active recreation activities. g. Indicate the location of the fence and gates around the pool. h. Indicate any landscaping/plantings around the existing ponds. 6. The applicant should consider provisions for such as parking of and regulations on the use/ownership of personal golf carts by the residents of the Villages of Maple Dale. 7. Identify the location of bicycle parking facilities associated with the condominium buildings, the general parking lot, and the clubhouse/pool/tennis court area. 8. The applicant is reminded of the requirements for construction phasing of the recreation area as associated with the development of the residential units. Article 5 §10.6 Construction Phasing. The recreation and open space areas shall be completed in a proportion equal to or greater than the proportion of residential dwelling units completed, except that one hundred (100) percent of the recreation and open space areas shall be completed prior to issuing building permits for the final twenty (20) percent of the dwelling units proposed. Building permits shall not be issued for dwelling units unless the requirements of this section are met. 9. There shall be provisions which insure that the common open space land (including active recreation area) shall continue as such and be properly managed and maintained. The developer shall either retain ownership and responsibility for maintenance of such open land; or provide for and establish one (1) or more organizations for the ownership and maintenance of all common open space i.e. a Homeowners Association. The organization shall be responsible for maintenance, insurance and taxes on the common open space. 10. In the event, that major changes and revisions to the Site Plan/Subdivision Plan occur in the finalization of the Site Plan/Subdivision Plan contact the Department of Planning and Inspections. Examples include reorientation of buildings, relocation of site components like stormwater management areas, and increases in floor area. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to

MI-09-06 Villages of Maple Dale: Active Recreation Area Plan Summary Report of Active Recreation Component Parks, Recreation & Community Enhancement Committee Meeting on August 10, 2009 Page 5 of 5 the plan. The Parks, Recreation, and Community Enhancement Committee shall submit to the Planning Commission a report detailing the recommendations as to the Recreation Area Plan. Attachments: Recreation Plan Sheet dated July 22, 2009 List of Amenities

ACTION FORM PROCEEDING: Parks, Recreation & Community Enhancement Committee DEPARTMENT OF ORIGIN: Planning DATE SUBMITTED: July 29, 2009 PREPARED BY: Ann Marie Townshend, AICP, Director of Planning & Community Development SUBJECT: Proposed Amendment to IPM-2 Zoning District REFERENCE: Appendix B, Zoning RELATED PROJECT: N/A APPROVALS: N/A EXHIBITS: Proposed Ordinance EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: Forward to City Council for first reading on August 24, 2009; Public Hearing before Planning Commission on September 21, 2009; Public Hearing and Final Action by City Council on October 12, 2009 RECOMMENDED ACTION: Staff recommends that the proposed ordinance be forwarded to City Council with a favorable recommendation. BACKGROUND AND ANALYSIS The proposed amendment to the Zoning Ordinance would amend the Industrial Park Manufacturing Zone –Technology Center (IPM-2) zone two permit electric generating uses and to reduce the minimum lot size from 50 acres to 10 acres.

FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2009-18 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 That Appendix B - Zoning, Article 3 - District Regulations, Section 20A. - Industrial Park 4 Manufacturing Zone – Technology Center (IPM2), be amended by inserting the text indicated in 5 bold, blue, italics: 6 Section 20A. Industrial park manufacturing zone--Technology Center (IPM2). 7 20A.1 Uses permitted. No building or premises shall be used and no building or part of a 8 building shall be erected, which is arranged, intended or designed to be used, in whole or in 9 part, for any purpose, except the following, and in accordance with performance standards 10 procedure as set forth in article 5, section 8, and subject to site development plan approval 11 as set forth in article 10, section 2: 12 20A.11 Manufacturing, assembling, converting, altering, finishing, cleaning, 13 cooking, baking or any other type of manufacturing, industrial, or technological 14 processing of any goods, materials, products, instruments, appliances, biotechnology, 15 and devices, provided that the fuel used shall be oil, gas or electricity; together with 16 incidental clinics, cafeterias and recreational facilities for the exclusive use of 17 employees of the concern engaged in such undertaking. 18 20A.12 Research, design, testing and development laboratories. 19 20A.13 Offices for corporate support operations for financial services, insurance, and 20 health care industries. 21 20A.14 Agricultural or farm uses as defined and permitted in article 3, section 1.11. 22 20A.15 Production of electricity provided that the fuel used shall be gas, oil, solar 23 or wind. 24 20A.2 Uses prohibited. The following uses are specifically prohibited: 25 20A.21 Residences, except those existing at the time of adoption of this amendment. 26 20A.22 Manufacturing uses involving primary production of the following products 27 from raw materials: Asphalt, cement, charcoal, and fuel briquettes; chemicals: aniline 28 dyes, ammonia, carbide, caustic soda, cellulose, chlorine, and carbon black and bone 29 black, creosote, hydrogen and oxygen, industrial alcohol, nitrates (manufactured and 30 natural) of an explosive nature, potash, and synthetic resins, pyroxylin, rayon yarn, 31 and hydrochloric, nitric, phosphoric, picric, and sulphuric acids; coal, coke, and tar 32 products, including gas manufacturing; explosives, fertilizers, glue, and size 33 (animal); linoleum and oil cloth; matches; paint, varnishes, and turpentine; rubber 34 (natural or synthetic); [and] soaps, including fat rendering.

Proposed Ordinance #2009-18 - Appendix B, Article 3, Section 20A. and Article 4, Section 4.16 Page 2 35 20A.23 Storage and warehousing, except that which is incidental to the primary use 36 on the lot. 37 20A.24 The following processes: nitrating of cotton or other materials; magnesium 38 foundry; reduction, refining, smelting, and alloying of metal or metal ores; refining 39 secondary aluminum; refining petroleum products, such as gasoline, kerosene, 40 naphtha, [and] lubricating oil; distillation of wood or bones; [and] reduction and 41 processing of wood pulp and fiber, including papermill operations. 42 20A.25 Operations involving stock yards, slaughter houses, and slag piles. 43 20A.26 Storage of explosives, [and] bulk or wholesale storage of gasoline above 44 [the] ground. 45 20A.27 Dumps. 46 20A.28 Quarries, stone crushers, screening plants, and storage of quarry screenings, 47 accessory to such uses. 48 20A.29 Junkyards, automobile dismantling plants or storage of used parts of 49 automobiles or other machines or vehicles or of dismantled or junked automobiles. 50 20A.6 Site development plan approval. Site development plan approval, in accordance with 51 article 10, section 2 hereof, shall be required for either conventional individual lot 52 development or planned industrial park development of land zoned IPM prior to the issuance 53 of building permits for the erection or enlargement of all structures and prior to the issuance 54 of certificates of occupancy for any change of use. 55 20A.7 Performance standards. All uses are subject to performance standards as set forth in 56 article 5, section 8.1. 57 58 BE IT FURTHER ORDAINED: 59 That Appendix B - Zoning, Article 4 - Zoning Bulk and Park Regulations, Section 4.16 - M. IPM 60 Zones, be amended by inserting the text indicated in bold, blue, italics and deleting the text indicated 61 in red strikeout as follows: 62 Section 4.16. M, IPM zones. 63 Bulk and parking regulations for industrial zones in M and IPM [districts are as follows]:

Proposed Ordinance #2009-18 - Appendix B, Article 3, Section 20A. and Article 4, Section 4.16 Page 3 64 TABLE INSET: IPM IPM (Planned IPM2 65 For All Permitted Uses M (Conventional Industrial (Technology Planned) Park) Center) 2 1/2acres 1/2 average; 66 Lot area 2 1/2 acres 50 10 acres acre 60,000 sq. ft. minimum 67 Lot width (ft.) 100 200 150 200 100 68 Lot depth (ft.) 150 300 250 300 100 Front yard (ft.) 40 60 60 60 69 Side yard (ft.) 20 40 40 40 70 Rear yard (ft.) 20 40 40 40 Side or rear yard which 71 adjoins a residential zone 50 100 100 100 (ft.) 72 Off-street parking space: Per 800 sq. ft. of floor 73 1 1 1 1 area Per employee, per largest working shift (if 74 greater than the 1 1 1 1/2 1 requirement under the floor area calculation) 75 Maximum permitted: 76 Building height 77 Stories 2 Not limit 2 Not limit Equal to distance Equal to 78 Feet 35 to nearest lot 35 distance to line nearest lot line 79 Floor area ratio 0.5 0.5 0.5 0.5 80 ADOPTED: *

Proposed Ordinance #2009-18 - Appendix B, Article 3, Section 20A. and Article 4, Section 4.16 Page 4 81 SYNOPSIS 82 The proposed ordinance would add electric power generation as a permitted use 83 within the IPM-2 zone and amend the minimum lot size in the IPM-2 zoning district 84 from 50 acres to 10 acres. 85 86 Actions History 87 August 10, 2009 - Introduced at Parks, Recreation, and Community Enhancement

ACTION FORM PROCEEDING: Parks, Recreation and Community Enhancement Committee DEPARTMENT OF ORIGIN: Planning DATE SUBMITTED: 7-29-09 PREPARED BY: Ann Marie Townshend, AICP SUBJECT: Amendment to the Zoning Ordinance Article 5 Section 4 Supplementary Sign Regulations REFERENCE: N/A RELATED PROJECT: None APPROVALS: N/A EXHIBITS: Proposed Amendments to Sign Regulations EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): TIMETABLE: First reading by City Council on August 24, 2009; Referral to Planning Commission for September 21, 2009; Public hearing and final action by City Council on October 12, 2009 RECOMMENDED ACTION: Staff recommends that the Committee forward the proposed ordinance to City Council with a favorable recommendation. BACKGROUND AND ANALYSIS The proposed amendments to the Sign Regulations of the Zoning Ordinance will clarify items and provide additional signage options. The amendments were created by identifying areas of the regulations that provided obstacles in both administering the ordinance and use by the public. Staff shared the proposed changes with members of the business community at a workshop on July 9, 2009.

FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2009-19 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 That Appendix B - Zoning, Article 5- Supplementary Regulations, Section 4 - Supplementary Sign 4 Regulations, be amended by inserting the text in bold, blue, italics, and deleting the text indicated 5 in red strikeout as follows: 6 Section 4. Supplementary sign regulations. 7 4.1 Purpose statement. The purpose of this ordinance [section] is to create a legal framework for 8 a comprehensive and balanced system of signs and other street graphics to facilitate an easy and 9 pleasant communication between people and their environment. This ordinance [The ordinance from 10 which this section is derived] is enacted to avoid the visual clutter that is potentially harmful to 11 vehicular and pedestrian safety, property values, business environment and opportunities, and 12 community appearance. With these purposes in mind, it is the intent of this ordinance [section] to 13 authorize the use of signs which are compatible with their surroundings, appropriate to the activity 14 that displays them, expressive of the identity of individual activities and the community as a whole, 15 and legible in the circumstances in which they are seen, understanding that it is important for the 16 economic vitality of the community as well as individual businesses and institutions that they are 17 clearly identified and their services are understood by the traveling public. 18 All signs, which are regulated by this ordinance, shall conform to the following general guidelines: 19 A. The legibility of signs. Signs shall be legible under the circumstances in which they are 20 primarily seen. Signs shall legibly convey their messages without being distracting or unsafe 21 to motorists reading them. The legibility of signs is related to the speeds at which they are 22 viewed; the context and surroundings in which they are seen; [and] the design, colors, and 23 contrasts of the sign copy and sign face. 24 B. The relationship of signs to the buildings and sites they identify. Signs shall be an integral 25 architectural element of the buildings and sites that they identify and their design shall be 26 consistent with, and not detract from, the overall architectural concept of the site. Signs must 27 should be of an appropriate size and scale in relation to the buildings on the lot. 28 4.2 General provisions. 29 A. Permitting. No sign, advertising display or structure, poster or device shall be erected, 30 moved, enlarged or reconstructed except in accordance with this ordinance. All signs, except 31 exempt signs, shall require a permit and fee as prescribed in the building code Appendix F.

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 2 32 B. Administration. Administration, interpretation, and enforcement of the provisions of this 33 section shall be under the authority of the city planner or his authorized designee. In 34 administering the provisions of this ordinance, the city planner shall evaluate signs and 35 applications for sign permits for conformity with the design guidelines, standards, and 36 specifications contained herein. Appeals from the application or interpretation of any 37 provision of this ordinance may be processed in accordance with the provisions of article 9 38 (board of adjustment) of this ordinance. 39 C. Unsafe, dilapidated and illegal signs. If it is determined by the city planner, or [his] 40 authorized designee, that any sign is unsafe, presents a hazard to the safe operation and 41 movement of motorized or non-motorized vehicular traffic, or to pedestrians, or is in a 42 dilapidated condition, or is in a state of disrepair, or is otherwise in violation of any provision 43 of this ordinance, the owner of such sign shall be responsible for removal of such sign and 44 supporting structure within 14 days of receipt of written notification by the city planner. In 45 cases where signs are determined to be unsafe or present a hazard, the city planner may order 46 their removal in a shorter period of time. Responsibility for removal shall be in accordance 47 with § [subsection] 4.10B, and § [subsection] 4.11 of this section. 48 4.3 Sign definitions. 49 Abandoned sign: A sign relating to or identifying a business or activity, which has not been 50 conducted on the premises for 60 days, or seven days after an election or event. 51 Adjacent to residential: Property lines which are situated within 200 feet and which front on 52 the same street as a parcel, or group of parcels containing residential uses, or that are zoned for 53 residential uses, excluding residential uses and districts fronting on principal arterial roads. 54 Architectural feature: An exterior component of the architecture of a building, which has a 55 structural, functional or decorative purpose. This term shall apply to elements such as windows, 56 doors, entry porticos, porte-cocheres, colonnades, cornices, porch columns, railings and balusters, 57 band courses, coins, water tables, exterior vents and louvers, moldings and other trim. 58 Awning sign: A wall sign that is a part of a fabric or other non-structural awning. 59 Banner: A lightweight fabric or similar material which is mounted to a pole or structure, 60 either enclosed in a frame or mounted to allow movement caused by the atmosphere. 61 Canopy sign: A type of wall sign attached to a permanent, decorative porch or walkway 62 cover, other than an awning, which is attached to a building or supported by columns, extending to 63 the ground. 64 Changeable copy sign: Any sign involving mechanical or electronic systems which enable 65 such signs, letters, numbers, or graphics to be changed periodically to display different text messages 66 or graphics.

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 3 67 Clear Height: The distance from the ground to the bottom of the sign. The minimum clear 68 height shall be 8 ft. for pylon sign, projecting sign, and any other sign that may impact pedestrian 69 traffic. 70 Collector and local streets: All streets within the corporate limits of the City of Dover which 71 are not specifically classified as principal arterials or minor arterials under the provisions of this 72 ordinance. 73 Comprehensive signage plan: A plan for all signs associated with a unified campus or 74 complex. 75 Conforming sign: Any sign that conforms to the provisions of this ordinance. 76 Construction sign: A sign which identifies architects, engineers, contractors and other 77 individuals or firms involved with construction on the premises, the name of the building or 78 development, the intended purpose of the building, and/or the expected completion date. 79 Directional sign: A freestanding sign whose primary function is to give aid to motorists or 80 pedestrians in locating buildings or roads. 81 Exclusion zone: The area adjacent to an existing or proposed freestanding sign within which 82 no other freestanding sign of a similar sign type shall exist or be placed. The exclusion zone shall 83 be measured outward in all directions from the extreme limits of the sign structure a prescribed 84 distance. 85 Freestanding sign: A sign that is not attached to a building and is permanently attached to 86 the ground by one or more supports. Freestanding signs include monument, pylon, post and panel, 87 and post signs. 88 Frontage: For the purposes of this section, the term "frontage" refers to a lot's frontage along 89 a right-of-way, be it public or private, excluding alleys and service drives that are abutting residential 90 properties. The parcel must be directly adjacent to the right-of-way for it to be considered to have 91 frontage. 92 Historical or memorial sign: A sign or tablet attached to a building indicating the date of 93 construction and/or the names of the building, the principals involved in its construction, or the 94 history of the building or the site. 95 Inflatable sign: A sign that is designed to be filled with air to form a three-dimensional shape 96 which is designed to be anchored to the ground. 97 Minor Arterials: DE Route 8 (Forrest Street); McKee Road; Saulsbury Road; College Road; 98 North Street (Saulsbury Road to the western city limits); Kenton Road (College Road to DE Route 99 8); State Street (from Walker Road north to US Route 13 and Wyoming Avenue south to the 100 southern city limits); Loockerman Street; Leipsic Road; and Governors Avenue (Division Street to 101 the southern city limits) are considered to be minor arterials under the provisions of this ordinance.

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 4 102 Monument sign: A low freestanding sign that is affixed to a base that is equal to or wider 103 than the sign itself. The height of the sign is to be measured from the finished grade to the top of the 104 sign. (See figure 5-3.) Such signs shall be situated so as to have the longer dimension oriented 105 horizontal, and to have the shorter dimension oriented vertical. 106 107 Mountable wall area: The area of [a] wall where a wall sign is to be physically mounted. The 108 area of the wall must be a regular geometric shape (square, rectangle, triangle, or circle), and be 109 uninterrupted by windows, doors, or other architectural features. (See figure 5-4.) 110 111 Nonconforming sign: Any sign which does not conform to the regulations of this ordinance, 112 including any signs granted by variance where it can be demonstrated that the original hardship on 113 which the variance was based no longer exists. This definition also includes the structure upon which 114 the sign is erected, or the mounting hardware in the case of wall mounted signs. 115 Off-premises sign (billboard, etc.): A sign, other than a shared freestanding sign as defined 116 by this ordinance [section], which directs attention to a business, commodity, service or 117 entertainment not conducted, sold or offered on the premises where the sign is located, or which 118 business, commodity, service or entertainment forms only minor or incidental activity upon the 119 premises where the sign is displayed. The sale of a commodity is considered a minor activity if the 120 commodity advertised is a specific brand or if the operator of the on-premises business does not 121 directly control the advertising content. These product-oriented signs shall be considered on- 122 premises signs if they comply with on-premises sign requirements.

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 5 123 On-premises sign: A sign which advertises or directs attention to a business, commodity, or 124 service conducted, offered, or sold on the premises, or directs attention to the business or activity 125 conducted on the premises. 126 Portable sign: Any sign not permanently attached to the ground or other permanent structure, 127 including but not limited to signs with attached wheels; A- or T-frame signs; [and] menu and 128 sandwich board signs. 129 Post sign: A freestanding sign that is attached to the underside of a horizontal plane or arm 130 and is supported by the horizontal plane. (See figure 5-5.). 131 132 Post and Panel sign: A freestanding sign that has a non-internally illuminated panel, not 133 more than 6 inches in depth that is affixed to two posts and is not more than 7 feet in total height. 134 The sign shall not be higher than the supporting posts. (See figure 5-6) 135 Post and Panel Sign 136 137 138 139 140 141 FIGURE 5-6 142 Principal Arterial: US Route 13, US Route 113 and Court Street between 13 and 113 are 143 considered to be principal arterials under the provisions of this ordinance. 144 Projecting sign: A wall sign attached to a building with a bracket or other support projecting 145 at a right angle from the building face. (See figure 5-67.)

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 6 146 147 Public sign: A sign erected by or on behalf of a governmental body to post a legal notice, 148 identify public property or public buildings, convey public information, and direct or regulate 149 pedestrian or vehicular traffic. 150 Pylon sign: A tall freestanding sign that is held up by a pole or poles. The supporting 151 structure must be equal to or narrower than the sign itself. (See figure 5-7 8.) 152 153 Race weekend sign: Any sign erected seven days prior to or after a sanctioned automobile 154 race for the purpose of advertising products and services to race fans. 155 Real estate sign: A sign advertising the premises for sale, rent or lease. 156 Roof sign: A sign that is attached or painted on the roof, including porch roofs, dormer roofs, 157 overhang roofs, canopy roofs or roofs of another architectural feature. Signs on the lower portion of 158 a mansard or canopy are considered wall signs. 159 Shared freestanding sign: A sign structure which is shared among not more than two 160 nonresidential properties or business interests for the purpose of displaying the name, logo type or 161 other commercial message of not more than two non-residential occupants of said adjoining 162 properties.

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 7 163 Sign: Any letter, word, model, banner, pennant, insignia, trade flag, device or representation 164 used as, or which is in the nature of, an advertisement, attraction, or directive. 165 Sign area: Sign area is determined by calculating the area of an imaginary rectangle, circle 166 or triangle which fully encloses the sign face, including background and logos, but not including 167 supports or braces. For sign structures limited to two sign faces of identical dimensions oriented 168 parallel to one another and not more than 24 inches apart; or not more than 36 inches apart for 169 freestanding signs on an Urban Principal Arterial, sign area shall be determined by calculating the 170 area of one of the sign faces. For all other multi-faced signs, the sign area shall be determined by 171 calculating the sum of all sign faces in aggregate. 172 Sign face: The outwardly visible portion of the sign upon which a name or names, logo types 173 or other commercial message, or combination thereof, is displayed. 174 Sign height: The height of a sign shall be the vertical distance from normal grade to the 175 highest point of the sign. Any berming, filling or excavating solely for the purpose of locating the 176 sign shall be computed as a part of the sign height. 177 Sign setback: The straight line distance measured in linear feet between the street right-of- 178 way line and the nearest element of a sign. 179 Temporary sign: Any sign which is intended for temporary use or which is not permanently 180 mounted and intended for a designated period in time not to exceed 30 days except as stated in 181 4.9D1. 182 Unified campuses and complexes: The term "unified campuses and complexes" means: 183 (1) Any "shopping center" as the term is defined in this ordinance; 184 (2) Or, any group of three or more principal structures under common management and operation, located 185 on one or more contiguous properties; 186 (3) Or, any single commercial or institutional parcel which has more than 400 linear feet 187 of frontage on a principal arterial roadway which is occupied by a conforming 188 commercial or institutional use. Unified campuses and complexes include, but are not 189 limited to, shopping centers; entertainment, educational, medical, governmental, or 190 religious campuses; office complexes; and industrial parks. 191 Urban Collector and Local Streets: All streets or portion of streets within the corporate 192 limits of the City of Dover which are not specifically classified as urban principal arterials or 193 urban minor arterials under the provisions of this ordinance. 194 Urban Minor Arterials: DE Route 8 (including all alternative names); McKee Road; 195 Saulsbury Road; College Road; North Street (Saulsbury Road to the western city limits); Kenton 196 Road (College Road to DE Route 8); State Street (from Walker Road north to US Route 13 and 197 Wyoming Avenue south to the southern city limits); Loockerman Street; Leipsic Road; Webbs 198 Lane, New Burton Road, Scarborough Road, Walker Road and Governors Avenue (Division 199 Street to the southern city limits) are considered to be urban minor arterials under the provisions 200 of this ordinance.

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 8 201 Urban Principal Arterial: US Route 13, Bay Road and Court Street between 13 and Bay 202 Road are considered to be urban principal arterials under the provisions of this ordinance. 203 Delaware State Route 1 is not considered to be a road that will provide frontage for any parcel. 204 Vehicle sign: A sign displaying a name or names, logo types, graphics, commercial messages 205 or any combination thereof, which is attached to, painted on, or otherwise applied to a motor 206 vehicle. 207 Wall area: For purposes of calculating wall area, the calculations shall include the height 208 of the wall from ground level to the roofline (mansard roofs also count as wall area), multiplied by 209 the width of the wall (including all architectural features). (See figure 5-4.) 210 Wall sign: Any sign, other than a projecting sign, which is attached to or painted on any wall of any 211 building and projects from the plane of the wall less than 12 inches. A sign attached to the lower slope or 212 face of a mansard roof, canopy, or awning shall be considered a wall sign for purposes of this ordinance. For 213 purposes of this section only, a "wall" shall include any permanent architectural extension of a wall, 214 including parapets, even if such extension projects beyond or above the enclosed portions of the building. 215 Canopy, marquee, and awning signs are all types of wall signs. (See figure 5-89). 216 217 Window sign: A wall sign which is attached to, painted on or etched into a window or door, 218 or which is displayed within 12 inches of the window and is legible from outside the window. 219 4.4 Design requirements. 220 A. Freestanding signs. 221 1. Freestanding signs, and attendant structures and bases shall be designed as an integral 222 part of the site development and shall be coordinated and compatible with site grading, 223 utility placements, landscaping and architectural elements.

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 9 224 2. Freestanding signs and associated landscaping shall be situated and maintained so as 225 not to impair or block visibility of motorists and/or pedestrians traveling within the 226 public street right-of-way or entering, existing exiting or crossing vehicular site 227 entrances. No sign or landscaping in excess of three (3) feet in height above the 228 adjacent street grade, shall be erected, placed or maintained on any corner within the 229 triangular area formed by intersecting right-of-way lines. Two sides of the triangular 230 area shall be 20 feet in length and measured from the point of intersection of the right- 231 of-way lines. 232 3. Freestanding signs shall be situated on the site and dimensioned so as not to 233 substantially impair or block the visibility of adjacent buildings and/or existing signs. 234 4. All freestanding signs shall respect the exclusion zone. When a sign is not permitted 235 within the exclusion zone, a second wall sign may be permitted in accordance with the 236 wall sign regulations. 237 5. When the presence of an existing freestanding sign on an adjoining property 238 precludes a property from placing a freestanding sign due to exclusion zone provisions, 239 the two adjoining property owners and/or business interests may share a single 240 freestanding sign structure in accordance with the provisions of [sub]sec. 4.9G. 241 6. Location of monument/post and panel signs may be approved by the Planning 242 Commission as a part of a Site Development Plan Approval process. 243 B. Materials and craftsmanship of signs. Signs shall be carefully crafted, durable, and 244 consistent with the quality and permanence of the buildings and sites that they identify. 245 Lettering shall be of a professional quality. 246 C. Wall sign placement. 247 1. When wall signs are planned, such signs shall be designed as an integral component 248 of the building facade architectural composition. 249 2. Wall signs shall be limited in area and number in accordance with the provisions of 250 [sub]sec. 4.7, except that the aggregate area of a wall sign on a building shall not exceed 251 50 percent of the mountable wall area of the building. 252 3. Wall signs shall be situated so as not to cover or overlap decorative architectural 253 elements such as cornices, belt courses, and window and doorframe moldings. Wall signs 254 shall not project beyond the exterior wall corners of a building. 255 4. In cases where only one wall sign is permitted because the lot has one frontage, the 256 owner business may choose to locate the sign on any exterior wall of the building to 257 afford the best possible visibility for the traveling public. 258 5. In cases where more than one (1) wall sign is permitted, the city planner or his 259 authorized designee may allow the business to locate the additional wall sign on a 260 different exterior wall of the building to afford the best possible visibility for the 261 traveling public.

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 10 262 6. Wall sign height may be increased by the Planning Commission as a part of the 263 Architectural Review of a Site Development Plan Approval process; however, the wall 264 sign height may not exceed the building height. The proposed height shall 265 complement the architecture of the building as determined by the Planning 266 Commission. 267 D. Illumination. Sign lighting is one of the greatest sources of light in commercial districts. 268 The glare and aesthetic impacts of signage depend strongly on the design of the sign and its 269 lighting. Proper illumination affects the legibility of signs. This [sub]section discourages 270 excessive lighting by favoring darker backgrounds for internally illuminated signs, and the 271 lighting of only the sign faces for externally illuminated signs to reduce light pollution, while 272 increasing legibility. 273 1. Signs that are equipped with illumination sources shall be designed to be equally 274 legible during the day and at night. 275 2. The intensity of illumination for the sign shall not be excessively bright and shall 276 be evenly illuminated over the face of the sign, with no bright spots, in order to prevent 277 direct glare. 278 3. Exterior illumination shall be shielded so that its direct light is confined to the 279 surface of the sign. 280 4. Internally illuminated signs, except changeable copy signs, not in or not adjacent to 281 residential areas must conform to one of the following styles: 282 (a) Illuminated with an opaque background and translucent text or symbols. 283 (b) Illuminated with a colored (not pure white, off-white, light gray, cream, or 284 yellow) background and lighter text or symbols. 285 (c) Illuminated with a background that is white, yellow, off-white, light gray, [or] 286 cream, consisting of no more than 40 percent of the sign area and not less than 60 287 percent is text or symbols of a dark color. 288 5. Internally illuminated signs in or adjacent to a residential use must conform to one 289 of the following styles: 290 (a) Illuminated with an opaque background and translucent text or symbols. 291 (b) Illuminated with a colored (not pure white, off-white, light gray, cream, 292 or yellow) background and lighter text or symbols.

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 11 293 E. Changeable copy signs. 294 1. Changeable copy signs may be incorporated into a sign face when the changeable 295 component of the sign face occupies less than 70 percent of the total area of that sign 296 face. 297 2. Changeable copy sign area shall be integrated into the sign face and shall be enclosed 298 by a border or similar enclosure so as to form one sign panel. 299 3. The changeable copy sign area text message and/or graphics shall not change any 300 more than one time in any given 30 15-second period, except for time and temperature 301 displays which may change more frequently than every 30 15 seconds. There shall be 302 no movement for any part of the sign including: flashing, animation, scrolling, etc. 303 When the sign changes it shall change in less than 1 second and it shall not flash or 304 have animation. 305 4. The colors, text styles, graphic patterns, and brightness of the changeable copy sign 306 area shall be compatible with and complimentary to the colors, text styles, graphic 307 patterns and brightness of other signs on the premises, and signs on other properties in 308 the immediate vicinity. 309 5. Changeable copy signs shall comply with the provisions of [sub]sec. 4.4.D of this 310 ordinance [section] pertaining to sign illumination. 311 F. Sign lettering size for freestanding signs. The lettering of numeric and alphanumeric text 312 messages on signs shall be sized to comply with the following minimum specifications: 313 TABLE INSET: 314 Minimum Letter Height for Freestanding Signs 315 Road Type Primary Message Secondary Message 16 inches 8 inches 316 Urban Principal Arterial 10 inches 5 inches 317 Urban Minor Arterial 8 inches 4 inches 318 Urban Collector and Local 319 4.5 Signs permitted in all districts and not requiring permits 320 A. Signs advertising the sale, lease, or rental of the premises upon which the sign is located, 321 which sign shall not exceed 6 ¼ square feet in residential districts and 32 square feet in all 322 other districts, and shall be located behind the property line. One such sign shall be permitted 323 for each 200 linear feet of street frontage for the parcel.

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 12 324 B. Signs designating the name and address of the occupants, hours of operation, security 325 notices, and business policy statements, [and] may not exceed four square feet. 326 C. Signs denoting the architect, engineer, developer, or contractor placed on premises where 327 construction, repair, or renovation is in progress, which signs shall not exceed 32 square feet 328 in area. No more than two (2) signs of any type are permitted for any one property or 329 building project. Signs shall be fifty (50) feet from other signs on the site, except where 330 it is not physically possible then the signs shall be as far away from the other sign as much 331 as possible. 332 D. Directional signs limited in area to no more than three square feet per sign, plus one 333 square foot for each additional tenant. A permit is required for directional signs identifying 334 the entrance or exit of a site if over three (3) SF in sign area. The sign area for these 335 larger directional signs shall not exceed five (5) SF and shall not be over four (4) feet in 336 height. 337 E. Public signs. 338 F. Historical and memorial signs. 339 G. Any sign located in an internal location on a site, campus, or complex and that cannot 340 be seen from any public right-of-way or adjacent property. 341 H. Window signs made of paper, cardboard, plastic or similar material, provided such signs 342 are in compliance with all provisions of [sub]sec. 4.9.A. 343 I. People wearing costumes of the logo or character associated with the company as 344 long as they are located on the business location. 345 J. Political signs shall not be over 6 SF in sign area in all Residential Zones and 346 Districts and the signs shall not be over 32 SF in all other zoning districts. All election 347 signs shall be removed no later than seven (7) days after the election. 348 K. Signs noting a tenant, store, building, etc. is “coming soon”, which sign shall not 349 exceed 32 SF and only one (1) sign is permitted on the site. The sign shall be fifty (50) feet 350 from other signs. The sign shall not be placed on the site for more than six (6) months. 351 After six (6) months the sign shall be removed even if the tenant, store, building, etc. has 352 not opened or been constructed. 353 L. Portable signs designed to be transported, including, but not limited to, A-frames, 354 sandwich boards, and umbrellas used for advertising, only those associated with a café, 355 restaurant, or outdoor eating establishments throughout the city and retail and personal 356 service stores located within the Downtown Redevelopment Target Area (as defined in 357 Appendix C). These types of signs shall not obstruct pedestrian or vehicular access and 358 are limited to one (1) sign per business, shall not be over 4 feet in height.

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 13 359 4.6 Sign prohibited in all districts. 360 A. Any sign which emits a sound, odor or visible matter. 361 B. Any sign which competes for attention with, or may be mistaken for, traffic signals. 362 Also, any sign that is determined by the city planner to constitute a traffic hazard by 363 reason of size, location, content, color, or type of illumination. 364 C. Off-premises signs of any type (billboards, temporary signs, directional signs for 365 developments, real estate signs, etc. ), except for shared freestanding signs as provided in 366 subsection [sub]sec. 4.4.A.5 and subsection [sub]sec. 4.9.G of this ordinance [section]. 367 D. Inflatable signs, except as specifically permitted in subsection [sub]sec. 4.9.D.3. 368 E. Portable signs designed to be transported, including, but not limited to, signs 369 designed to be transported by means of wheels, signs converted to A-frames or T-frames, 370 sandwich boards, and umbrellas used for advertising, except those permitted in subsection 371 4.5L associated with a café or outdoor eating establishments. 372 F. Signs attached to or painted on vehicles parked including changeable copy signs located 373 on vehicles so as to be visible from the public right-of-way, unless no other parking spaces 374 out of the public view are available on the lot. Vehicles shall not be located immediately 375 adjacent to the right-of-way if there are no other parking spaces. 376 G. Roof signs, except where it has been determined that the building's mountable wall area 377 would permit less than one-half of the permitted maximum wall signage, in which case, a 378 roof sign is permitted under the following conditions: 379 (1) [The] sign must be mounted within three feet of the eave. 380 (2) The sign cannot exceed one-half of the maximum permitted wall sign area. 381 (3) The sign may not be higher than it is wide. 382 (4) The sign may not be higher than the roof ridge. 383 (5) [The] sign must meet the same design standards as wall signs. 384 H. Signs painted on or attached to trees, fence posts, natural features,[or] telephone or 385 utility poles. 386 I. Signs that are flashing, rotating, or fluttering material or that give the appearance of 387 movement, or are illuminated by flashing or intermittent lights, or lights of changing degrees 388 or intensity, except as permitted under [sub]sec. 4.4 below. 389 J. Statuary bearing the likeness or suggestion of any product or logo. People wearing 390 sandwich boards or holding other types of signs. 391 K. Temporary signs made of cardboard, paper, canvas or similar impermanent material, 392 except those permitted in [sub]sec. 4.9. 393 L. Window signs covering more than 20 30 percent of a window or a door, or mounted 394 above the first floor, except those permitted in 4.9A5 and F1.

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 14 395 M. Window signs in or adjacent to residential properties or districts. 396 N. Pennants, balloons, streamers, flags, etc. except when permitted in 4.9D1. 397 4.7 Permitted signs. Signs are permitted in all zones in accordance with the following table, which 398 is a list of permitted sign types by use, proximity to residential uses and road classification. 399 TABLE INSET: 400 SIGN TABLE Permitted 401 Use Signs Road Number Max Max % of Setback Exclusion 402 Specific Sign Type Type Permitted Size Height Wall** (R.O.W) Zone Single-Family All Detached/ Signs permitted in § 4.5 only Streets Semi-detached P r o f e s s i o n a l All 4 5 403 Residential Post or 1 5' N/A 5' N/A Streets S.F. 404 Uses and Office All 12 405 Non - Family Daycare Monument 1/entrance 4' N/A 5' 50' Streets S.F. 406 Residential 407 Uses in 408 Residential Subdivisions 24 <=15 All Wall & 1/frontage 20' N/A N/A 409 Districts Multi-family S.F. % Streets residential uses Manufactured home parks Monument or 12 24 Post and 5' N/A 5' 50' /entrance S.F. Panel # 32 <= Wall & 1/frontage 30' N/A N/A S.F. 15% Urban Monument or Principal 1/entrance 32 Post and 10' 7' N/A 10' 50' S.F. Arterial Panel # 32 Places of Worship Pylon* 1/frontage 30' N/A 30' 200' S.F. Daycare Centers 410 Non- 24 <= A p p r o v e d Wall & 1/frontage 30' N/A N/A 411 Residential S.F. 10% Conditional Uses 412 uses adjacent Educational/ Urban Monument or 413 to 16 24 Institutional Minor Post and 1/entrance 7' N/A 10’ 50' 414 Residential S.F. All other approved Arterial Panel # OR 415 Districts or Non-residential 6 416 uses Post**** 1/frontage 7’ N/A 5’ 25’ Uses S.F. 16 <= Wall & 1/frontage 20' N/A N/A S.F. 5% Urban Monument or Local/ 16 Post and 1/entrance 10' 7' N/A 10' 50' Collector S.F. Panel # OR Post**** 1/frontage 6 S.F. 7’ N/A 5’ 25’

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 15 No 30' <= Wall & 1/frontage N/A N/A max *** 15% Urban Monument or 63 Principal Post and 1/entrance 10' N/A 5 10’ 50' S.F. Arterial Panel # 75 Pylon OR* 1/frontage 30' N/A 15' 150' S.F. Pylon* 1/frontage 100 30' N/A 31' 150' 417 Non- 32 30' <= 418 Residential Wall & 1/frontage N/A N/A S.F. *** 15% 419 Uses in Non-Residential Urban 420 Non- Uses Monument or Minor 32 421 Residential Post and 1/entrance 7' N/A 10' 50' Arterial S.F. 422 Districts Panel # OR Post**** 1/frontage 8 S.F. 7’ N/A 10’ 25’ 32 <= Wall & 1/frontage 30' N/A N/A S.F. 15% Urban Monument or Local/ 32 Post and 1/entrance 7' N/A 10' 50' Collector S.F. Panel # OR Post**** 1/frontage 8 S.F. 7’ N/A 10’ 25’ 423 * Denotes that an additional wall sign may be permitted/added in lieu of a freestanding pole pylon 424 sign. 425 ** No wall mounted sign shall exceed more than 50 percent of the mountable wall area as defined in 426 [sub]sec. 4.4.C.2. 427 ***Sign height may be increased by the Planning Commission as a part of the Architectural Review 428 of a Site Development Plan Approval process; however, the sign height may not exceed the building 429 height. The proposed height shall complement the architecture of the building as determined by 430 the Planning Commission. 431 432 **** Post sign would be in lieu of a monument sign or post and panel sign. 433 # Location of monument/post and panel signs may be approved by the Planning Commission as a 434 part of a Site Development Plan Approval process. 435 4.8 Unified campuses and complexes. 436 A. Purpose statement. Recognizing that large campuses and complexes have signage needs 437 that may not be adequately addressed by traditional sign regulations, this [sub]section of the 438 ordinance is intended to allow a procedure for approval of a comprehensive signage plan for 439 these sites. 440 1. Campuses and complexes are required to follow all standard signage requirements, as 441 embodied elsewhere in this ordinance, unless they choose to apply to the planning 442 commission for comprehensive signage plan approval. All such plans must embody a 443 thorough review of all existing signs.

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 16 444 445 2. Any proposed shopping center or group of three or more principal structures under 446 common management and operation located on one or more contiguous properties is 447 required to submit an application for comprehensive signage plan approval to the 448 planning commission. , concurrently with their site plan application. 449 3. Any business or institution which has more than 400 linear feet of frontage on a 450 principal arterial may submit an application for comprehensive signage plan approval. 451 B. Design guidelines for comprehensive signage plans. 452 453 1. Unified campuses and complexes applying for a comprehensive signage plan may not 454 be held to the height, size, number and area regulations for signs found in other sections 455 of this ordinance. However, the number, type and size of signs proposed may not be 456 excessive, and must be in proportion to the scale of the buildings and the uses on the site. 457 2. All comprehensive signage plans must comply with all design guidelines found in 458 [sub]sec. 4.4 of this ordinance, as well as all specific design guidelines found in this 459 section. 460 3. Building signs shall be in harmony with the overall architectural concept for the site, 461 and be compatible with each other and the building facades. 462 4. The freestanding signs identifying shopping centers and other unified campuses and 463 complexes shall identify the name of the campus or complex and no more than three 464 separate tenants within the campus or complex unless otherwise approved by the Planning 465 Commission. 466 5. There shall be architectural harmony and unity of signs within a united campus or 467 complex. Sign type, color scheme, size, and illumination within the site shall be 468 coordinated and shall be compatible with the architecture of the center and the surrounding 469 area. 470 C. Planning commission duties. In reviewing and approving comprehensive signage 471 plans, the planning commission shall take into consideration the public health, safety and 472 welfare, the comfort and convenience of the public in general and of the residents, businesses, 473 and property owners of the immediate neighborhood in particular, and shall ensure that united 474 unified campuses and complexes have adequate, but not excessive, signage. Specifically, the 475 following objectives shall guide the commission when reviewing such plans: 476 1. That the size and complexity of the campus or complex warrants the need for extra 477 signage under the provisions of this ordinance; 478 2. That, in respect to the number and type of entrances, the placement of signage at or 479 near those entrances provides superior visibility in order to ensure the safety of the driving 480 public;

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 17 481 3. That the proposed signs are adequate in number to safely direct the public to the use 482 or uses on the site; 483 4. The proposed signs must not have an adverse impact on the visibility of adjacent signs, 484 and shall be consistent with, or an improvement over, the prevailing type and style of 485 signage in the general area; 486 5. That the proposed signs will be of a style and color which will complement the 487 architecture of the site, and the area in general. 488 D. Submission requirements. 489 1. A pre-application meeting is required. No application will be accepted without a pre- 490 application meeting. 491 2. Twelve Ccopies of a sign plan, which details the signage proposal, including relevant 492 application forms, will be due on the regularly scheduled submission deadline for planning 493 commission review. The sign plan shall illustrate the physical location of all existing and 494 proposed signs on the subject property and their relationship to existing and/or proposed 495 buildings on the site. The submission plan shall include color renderings of each proposed 496 sign (drawn to scale), along with architectural elevation drawings of the building depicting 497 the placement of all wall mounted signs existing and proposed. 498 3. Public notice is required, following the procedures set forth in article 10, sec. 2.47. 499 4. The application fee as prescribed in Appendix F The application fee shall be $200.00, 500 and is due at time of application. 501 5. Comprehensive sign plans which are submitted as part of a site plan or conditional use 502 site plan application under the provisions of article 10 shall be reviewed as part of the site 503 plan and shall not be assessed the review fee prescribed in [sub]section D.4. above. 504 E. Amendments to approved comprehensive signage plans. Any new or revised signs to be 505 placed on a property with an approved comprehensive signage plan need not go back to the 506 planning commission for re-approval if the sign area is not increased more than five percent, 507 and the proposed signs conform to the overall design concept and colors as approved. The five 508 percent increase shall be calculated cumulatively over the life of the project, based upon the 509 originally approved sign area. 510 4.9 Supplementary sign provisions. 511 A. Window signs. 512 1. Three window signs shall be permitted as additional signage on walls fronting on the 513 public right-of-way. Text, including lettering and numbers, shall not exceed a height of 12 514 inches.

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 18 515 2. Window signs shall not cover more than 20 30 [percent] of any window pane or glass 516 door panel, exclusive of window and/or door frame. 517 3. Windows principally viewed from drive aisles and parking lots and not prominently 518 visible from the public right-of-way shall be exempt from restrictions on the number of 519 signs, and may be approved by the city planner for a window coverage area greater than 20 520 30 percent, and/or lettering height taller than 12 inches, when the business elects to have 521 less window signage than permitted on the windows fronting on, or prominently visible 522 from, the public right-of-way. 523 4. Window signs shall be permitted on windows on the first floor of a building only. 524 5. The city planner may waive the provisions of this section when it has been 525 demonstrated that the proposed window signs are of a unique or superior quality and 526 style, and are intended to compliment the architectural design of the building, or when 527 the business elects to use less wall signs than permit[ted] for the purpose of 528 complimenting the architectural design of the building. Signs granted this waiver are 529 not exempt from the requirement to obtain a sign permit. 530 B. Historic district signs. 531 1. All signs in the historic district must meet the standards laid out in the design standards 532 and guidelines for the City of Dover historic district zone. Any and all standards found 533 elsewhere in this ordinance may be waived as part of the architectural review approval 534 when proposed signs are determined to contribute to or improve the historic context of the 535 building. 536 C. Gas station signage. 537 1. Canopy signs. 538 (a) Canopy sign height shall not exceed 30 feet. 539 (b) Canopy sign copy shall be directed toward a public street. 540 (c) Canopy sign area shall be limited to no greater than ten percent of the area 541 of the canopy face to which the sign is applied. 542 2. Exempt signs. 543 (a) State or federal required price per gallon signage shall not count towards 544 overall sign area for the site, unless they exceed 20 square feet in size. 545 (b) Price per gallon signs not exceeding two square feet, located on the pump 546 itself.

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 19 547 D. Temporary signs 548 1. Temporary Signs [Special event signs. ] Temporary signs for special events not 549 requiring a special event permit, including inflatable signs with a surface area of less than 550 100 square feet, may be erected on the premises of any establishment conducting a special 551 event, provided that such signs do not exceed a total of two (2) signs with at total of 100 552 square feet in sign area, and provided that such temporary signs shall not be displayed for 553 either (a) a continuous period in excess of 30 days in any given three-month period or (b) 554 a continuous period in excess of 15 days in a given 45 day period. For grand openings, 555 the maximum number, sign type, and allowable area may be waived by the city planner and 556 inspections. Permits for such signs are required and shall be accompanied by a fee of 557 $15.00 as prescribed in Appendix F. The city planner may waive the time period, not to 558 exceed an additional 30 days, if he/she determines that there are extenuating 559 circumstances requiring further time for a temporary sign. 560 (a) Special Event Permit Temporary Signage. When signage is requested in 561 association with a Special Event Permit the signage shall be permitted and limited 562 to the timeframe of the proposed Special Event as identified on the Special Event 563 Permit. The number of signs shall be limited to a maximum of three (3) signs with 564 an overall sign area of 100 SF. Each sign shall require a temporary sign permit and 565 shall be accompanied by the associated fee for a temporary sign as prescribed in 566 Appendix F. 567 i. The signage for the Special Event Permit Temporary sign shall not impact 568 the timeframe of Temporary signage. Signage associated with a Special 569 Event Permit shall be separate from the time period for temporary signage 570 in Article 5 Section 4.9 D1. 571 572 2. Race weekend signs. During any seven-day period prior to or seven-day period 573 following the Saturday or Sunday that auto racing is occurring, temporary signs may be 574 erected without a permit and with no restrictions on the number or size of the signs. 575 3. Inflatable signs. Inflatable signs greater than 100 square feet are permitted only during 576 grand opening events, community festivals and during race weekends, and must meet the 577 following requirements: 578 (a) A special permit is required to ensure that adequate anchoring will be provided 579 for the sign. 580 (b) A plot plan is required showing the placement of [the] inflatable in respect to 581 utility lines and traffic patterns. 582 (c) No inflatable shall be placed any closer to the right-of-way than the height of the 583 inflatable itself.

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 20 584 (d) Inflatable signs shall be securely anchored to the ground or securely fastened to 585 a building for the purpose of maintaining such devices in a stationary location 586 while on display. 587 E. Motor vehicle sales lots. This [sub]section allows motor vehicle sales lots to compensate 588 for their likelihood to be mistaken for ordinary parking lots unless additional signs or other 589 attention getting devices are placed in the sales area. It has also been demonstrated that these 590 businesses tend to have smaller buildings relative to their land area diminishing their ability 591 to effectively use wall signs. 592 1. Banners are permitted on motor vehicle sales lots with a permit. Such banners may be 593 permitted at a rate not to exceed one banner for each ten motor vehicle parking/storage 594 spaces on the premises, and any such banner shall not be situated closer than 50 Feet of any 595 other banner on the premises. Parking spaces required for employees, customers, and 596 service department uses shall not be counted to calculate the number of banners. The term 597 "banner" does not include pennants, streamers, balloons, or other temporary or permanent 598 signs. 599 2. Banners shall not exceed a width of three feet. 600 3. All banners must be securely attached to light standards, poles, or other substantial 601 mounting hardware. Except for temporary signs permitted under the provisions of 602 [subsection] 4.9.D of this ordinance [section], all banners must be constructed of a 603 permanent, weather resistant material. 604 F. Window and wall signs located 100 feet or more from the roadway. 605 1. Any window or wall sign associated with an approved nonresidential use, and which 606 is not adjacent to a residential use, is eligible for sign area bonuses when located at least 607 100 feet from the public right-of-way. To qualify for the bonus, the sign must be placed on 608 an exterior building wall which is set back at least 100 feet from the right-of-way line, and 609 shall face the public right-of-way line from which the setback distance is measured. Sign 610 area bonuses are authorized according to the following schedule: 611 TABLE INSET: 612 Distance from Bonus Sign Area Mountable Wall Area Bonus Window Coverage Bonus 613 Right-of- (Allowable Area × (Mountable Wall Area × % (Allowable Area × % 614 Way % Bonus) Bonus) Bonus) 615 100 feet 17% 55% 30% 35% 616 150 feet 18% 60% 40% 617 200 feet 19% 65% 50% 618 300 feet or 21% 75% 60% 619 more

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 21 620 G. Shared freestanding signs. 621 1. For adjoining non-residential properties, a freestanding sign structure may be shared 622 among adjoining property owners or businesses solely for the purpose of identification of 623 the adjoining premises or businesses. 624 2. Where two property owners have agreed to share a freestanding sign as referenced in 625 [sub]section 4.4, the shared freestanding sign shall be entitled to a combined sign area 626 bonus of not more than 50 percent over the freestanding sign area otherwise permitted for 627 the property on which the shared freestanding sign would be placed. 628 3. The permit application for a shared freestanding sign shall be accompanied by a 629 binding legal agreement between the two adjoining property owners and/or businesses 630 which describes the ownership and maintenance obligations for such shared sign. 631 H. Single buildings with multiple commercial tenant spaces or facades. 632 1. Structures, such as shopping centers, which contain multiple commercial tenant spaces, 633 are permitted to have at least one wall sign on each unit. This provision shall only apply 634 to units on the first floor of the structure. 635 636 2. When a structure is designed so that there are distinctly different facades or sections 637 of the building along a single frontage, at least one wall sign is permitted on each facade 638 or section of the building. 639 3. Multi story office buildings with multiple tenants are permitted one wall sign per 640 tenant. The total sign area for all of the signs for all of the tenant spaces may be up 641 to but not exceed 50% more than the sign area permitted by Section 4.7. The signs 642 shall be located in the same area on the building. 643 4.10 Nonconforming signs. 644 A. Exclusions. Non-conforming signs which are within ten percent of compliance of any 645 height, area or location requirement and which conform to all other provisions of this 646 ordinance shall be considered legal signs for the purposes of these regulations, except as 647 provided in [sub]section. 4.10.B.5 below. 648 B. Removal or compliance required. Nonconforming signs shall be removed from the 649 premises or otherwise made to comply with these regulations in the following instances:

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 22 650 1. When there is renovation to more than 75 percent of the exterior of the principal 651 building measured in square feet of exterior wall surface area, or expansion of more than 652 20 percent of the floor area of the principal building measured in square feet of floor area 653 on the premises on which such nonconforming signs are present, except that freestanding 654 signs that are nonconforming with respect to front setback requirements shall not be made 655 to be set back further than the front of the principal structure. When, within any given two- 656 year period, individual renovation projects involving less than 75 percent of the building 657 exterior and/or individual building additions involving less than 20 percent of the floor area 658 of the principal building on the premises would in aggregate exceed the 75 percent 659 renovation and/or 20 percent expansion thresholds set forth herein, all such non- 660 conforming signs shall be brought into conformity with these regulations or shall be 661 removed from the premises. 662 2. Prior to the issuance of any permit for the placement of any additional signage on the 663 property. No new signs of any type shall be added to the property until the nonconforming 664 sign is removed. 665 3. Nonconforming signs (including all supporting structures and mounting hardware) 666 which have been abandoned shall be removed from the premises or otherwise made to 667 conform within one year from the date of abandonment. Refacing the sign in accordance 668 with other requirements of this ordinance does not absolve an owner from complying with 669 this [sub]section. In certain instances where it is evident that the reoccupation or reuse of 670 a premises which contains an abandoned non-conforming sign is imminent, the city planner 671 may grant an extension of time within which to reestablish the use of such nonconforming 672 sign. 673 4. When there is a change of use to a property where nonconforming signs exist, such 674 signs shall be brought into conformity with these regulations or shall be removed from the 675 premises. 676 5. Any nonconforming sign which has been removed from the premises shall be 677 considered discarded, and replacement shall constitute a new sign, and require new 678 permits. 679 C. Notification and responsibility. It shall be the responsibility of the owner of record of such 680 property to cause the removal of such nonconforming signs in accordance with these 681 provisions. When any of the above-listed conditions exist, the city planner is authorized to 682 issue written notice by certified mail to the owner of record of such property, stating that such 683 signs shall be removed within two calendar weeks of the date of receipt of the written notice. 684 In cases where signs are determined to be unsafe or present a hazard, the city planner may 685 order their removal in a shorter period of time. Failure to comply with these regulations, after 686 due notice, shall be deemed a violation of this ordinance and [is] punishable in accordance with 687 the provisions of article 8, section 4 of this ordinance. In addition, in the event that compliance 688 is not achieved within the stated period, the city planner may remove or cause to be removed 689 from the premises any such signs in violation of this ordinance. All expenses incidental to such 690 removal shall be charged to the owner of record of such property and shall constitute a lien 691 upon such property.

Proposed Ordinance #2009-19 - Appendix B, Article 5, Section 4 Page 23 692 4.11 Abandoned and Damaged signs. 693 A. Refacing. All signs that conform to the current regulations which are deemed abandoned 694 shall either be refaced with a blank or blacked out face or removed totally (including the 695 supporting structure and/or mounting hardware) within 60 days of abandonment. Covering sign 696 copy with tarps, paper, tape, cardboard or other nonpermanent materials is not an acceptable 697 method of refacing. 698 B. Removal. Any conforming sign, which has been removed from the premises, shall be 699 considered discarded, and replacement shall constitute a new sign, and require new permits. 700 C. Repair. All signs that are damaged (no longer working, cracked, missing piece, etc.) 701 shall be repaired within 30 days. A permit is not required as long as the sign will look 702 exactly the same as it did before the sign was damaged. If there are any changes (color, 703 script, etc.) to the sign a new permit will be required. 704 4.12 Historic or Significant Signs 705 A. Preservation of Historic or Significant Signs. Signs that are at least fifty (50) years old 706 and considered historic or to have cultural/aesthetic significance shall be protected and 707 preserved. If these signs are legal non-conforming they shall maintain their non- 708 conforming status indefinitely. The determination of the historic or cultural/aesthetic 709 significance of the sign shall be determined by the Historic District Commission. 710 1. The owner of the premises on which these signs reside shall maintain the sign 711 to ensure they work and are in good condition. 712 ADOPTED: * 713 S:\ClerksOffice\Ordinances\2009\Draft Ordinances\Ordinance 2009-19 - Signs.wpd 714 SYNOPSIS 715 The proposed ordinance would amend some of the provisions within the sign 716 regulations. It would clarify some provisions and allow administrative 717 flexibility on other provisions. 718 719 Actions History: 720 August 10, 2009 – Introduced in Parks, Recreation and Community Enhancement Committee 721

Status of FY-2008 CDBG Projects Monthly statistics for the month of July. Dover Interfaith Ministry to the Homeless U The city is waiting for HUD approval regarding the lease purchase of the property located at 684 Forest Street for a shelter. Connections Community Support Program U Connections has expended all CDBG funding year to date. Dover Police Department Community Policing U All funding for this program has been expended. Homeowner Rehabilitation Program U All projects have been completed for FY08 and remaining balance of funds will be utilized for FY09 projects. Homeownership Assistance Program (Down payment Assistance) U Four (4) families have received settlement assistance to purchase property in the City of Dover year to date and one (1) family is expected to close in late August. Neighborhood Stabilization Program (NSP) The city’s NSP manual has been submitted to the Delaware State Housing Authority for review and approval. Once approved, the city’s NSP partners will be eligible to purchase foreclosed properties.

Parks, Recreation, and Community Enhancement Committee 8/10/09 Status of FY-2008 Program Funds Spent - Fiscal Year 7/1/08-6/30/09 2008 Grant Projects Project Details Total Grant Funds Encumbered Funds Expended Unencumbered Balance One (1) closing is Homeownership Assistance Program pending the second week $47,162 $40,009 $7,153 of August. Project complete. *Housing Rehabilitation Program Remaining funds will be $91,000 $53,465 $37,535 used in FY09 budget. Project complete $21,112 $21,112 $0 Dover Police Department Project complete $25,000 $25,000 $0 RC& D Emergency Home Repairs Project complete $15,112 $15,112 $0 Connections Community Support HUD is reviewing $60,000 $0 $60,000 Dover Interfaith Ministry purchasing request Total $259,386 $154,698 $104,688

MEMORANDUM Department of Public Services – Planning & Inspections P.O. Box 475 Dover, Delaware 19903 Phone: 302.736.7010 Fax: 302.736.4217 Date: July 29, 2009 To: Parks, Recreation & Community Enhancement Committee From: Ann Marie Townshend, AICP RE: Comprehensive Rezoning and Plan Amendment As you know, City Council adopted the 2008 Comprehensive Plan in February 2009. Delaware Code requires that within 18 months of this adoption, the City rezone properties to be consistent with the Comprehensive Plan. Since the adoption of the Comprehensive Plan, the planning staff has been working on the initial phases of the Comprehensive Rezoning project. Along with the Comprehensive Rezoning, staff will present a proposed amendment to the Comprehensive Plan to correct any errors found during the detailed parcel-level analysis performed. Below please find a chronology of the Comprehensive Rezoning process to date and path forward for the process. • Planning Staff analysis of zoning and Land Development Plan to identify inconsistencies between them and develop initial recommendation on rezoning and proposed amendments to the Comprehensive Plan (April – May 2009) • Letters sent to property owners initially identified for rezoning, informing the property owners of the proposal and their opportunities for input into the process (June 30, 2009) • Planning staff meet with property owners and hold a public workshop to discuss potential rezoning of properties (July 13 – July 22, 2009) • Planning staff meet to review results of meetings and comments received to-date (July 30, 2009) • Planning staff submit proposed changes to the 2008 Comprehensive Plan to the Office of State Planning Coordination for PLUS review (August 3, 2009) • PLUS meeting regarding proposed amendments (August 26, 2009 – date tentative) • Prepare Comprehensive Rezoning and amendment to Comprehensive Plan for first reading (September 2009 – date tentative) • Planning Commission public hearings on Comprehensive Rezoning and Comprehensive Plan amendment (October 2009 – date tentative) • Final reading and City Council action on Comprehensive Rezoning and Comprehensive Plan amendment (November 2009 – date tentative) I will be glad to discuss this process in more detail at the Parks, Recreation & Community Enhancement Committee meeting on August 10, 2009. cc: MI-09-08 MI-09-09