1-18-24 Historic District Packet

Historic District Commission. Jan 18, 2024.

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CITY OF DOVER, DELAWARE HISTORIC DISTRICT COMMISSION MEETING Thursday, January 18, 2024 at 3:30 PM City Hall Conference Room, 15 Loockerman Plaza, Dover, Delaware AGENDA IN-PERSON and VIRTUAL MEETING NOTICE The Historic District Commission Meeting for January 18, 2024 will be held in the City Hall Conference Room. The public is welcome to attend in person. The Meeting will also be provided as a Virtual Meeting using WebEx audio/video conferencing system as an electronic means of communication. See the participation information below to join by phone or computer. PUBLIC PARTICIPATION INFORMATION City of Dover Historic District Commission Meeting of January 18, 2024 Join by Phone Dial: 1-650-479-3208 Access code: 253 815 93235 (Password: 36837432) Join Online: https://bit.ly/HDCMeeting11824 Webinar Number: 2538 159 3235 Webinar Password: DoverHDC If you are new to WebEx get the app now at https://www.webex.com/ to be ready when the meeting starts. For problems accessing the meeting, please call the Planning Office at (302) 736-7196. WELCOME ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Meeting Minutes of November 16, 2023 are not yet available. COMMUNICATIONS & REPORTS Summary of Activity 1. Summary of Applications 2022 and 2023 1

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HISTORIC DISTRICT COMMISSION MEETING - January 18, 2024 PAGE 2 2. Summary of Architectural Review Certificates for 2023 Department of Planning & Inspections Updates Project & Studies Activities 3. Update on C-2 Code Amendments Project for Potential Revisions to Zoning Ordinance for C-2 (Central Commercial Zone) - Proposed Draft Ordinance #2024-01 Other Information 4. Delaware Preservation Fund - Small Grants Program: Application deadline is February 9, 2024 for the funding available through Delaware Preservation Fund, Inc. NEW APPLICATIONS NEW BUSINESS Review of Permits Referred to Commission 5. HI-24-01 Referral of Fence Permit #23-1868 at 146 S. State Street - Referral by the City Planner to the Historic District Commission for Review of Architectural Review Certification for a Fence Permit #23-1868. The project involves a 6-foot vinyl fence to the rear of the property spanning from the fence at the northern adjacent property along the parking lot to the south side adjacent property fence with 2 pedestrian gates. Additionally, there is a 6-foot vinyl fence segment between the northern adjacent property fence and the building with a pedestrian gate. Property is zoned C-2 (Central Commercial Zone) and subject to the H (Historic District Zone). The owner of record is State Street 146 Properties, LLC. Address: 146 S. State Street. Tax Parcel: ED05-077.09-02-58.00-000. Council District 4. OLD BUSINESS Certified Local Government (CLG) Program Implementation of 2019 Comprehensive Plan ADJOURN Posted: January 11, 2024 THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 2

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City of Dover Historic District Commission Summary of Applications 2022 Item 1. Updated thru December 31, 2023 FILE# PLAN NAME LOCATION TYPE ACTION STATUS HI-22-01 Referral of Fence 502 -506 S. State Fence Permit Permit #21-1556 referred to HDC by Permit Application received 11/18/2021 Permit #21-1556 Street and 100 W. City Planner for consultation on and Referred to the HDC for consultation. at 506 S. State Water Street Architectural Review Certification; Permit approved for issuance per HDC Street 1/20/2022 HDC recommended action of 1/20/2022. Permit issued approval of ArchRevCert to allow 1/24/2022. Fence installed. revised height of 6-feet for black metal fence. HI-22-02 Lands of the State 411 S Governors Rezoning to H Public Hearing and Review by HDC on Request to expand boundary of the Historic of Delaware at S. Avenue, 429 S (Historic District 3/24/2022; Recommended Approval District as Rezoning Application HI-22-02/Z- Governors Governors Avenue, Zone) of Rezoning 22-01. Public Hearing and Review by Avenue and W. 435 S Governors Planning Commission on 3/21/2022 - Water Street: Avenue, 439 S Recommendation of Approval; Public Rezoning to H Governors Hearing and Review by Historic District Avenue/117 W Commission on 3/24/2022 - Water Street, 441 S Recommendation of Approval; and Governors Avenue, scheduled for Public Hearing and Final 447 S Governors Action by City Council on 4/11/2022. Avenue Rezoning Approved. HI-22-03 Kent County 415 S. Governors Site Plan Review for Public Hearing and Review for Site development plan for new Courthouse Family Avenue and 445 S. Architectural Recommendation on Architectural Building, Parking Garage Structure, and Courthouse & Governors Avenue; Certification Review Certification by HDC on associated Site Improvements. HDC Parking Garage East side of S. 4/11/2022. Recommended approval of recommendation forwarded to Planning Governors Avenue ArchRevCert including reduction of Commission. Planning Commission granted between Bank Lane rear yard setback. Update on Revision conditional approval of S-22-06 and and W. Water St for Fence Alternative referred to HDC ArchRevCert on June 21, 2022. Final Plan for 7/20/2023 Meeting. Approval granted 7/24/2023. Lot Consolidation Plan to recorded. Consideration of Revision for Fence Alternative granted conditional approval by HDC 7/20/2023. Building Permits #23-1150 Courthouse and #23-1151 Parking Garage issued 10/23/2023. Construction underway. 3

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City of Dover Historic District Commission Summary of Applications 2022 Item 1. Updated thru December 31, 2023 FILE# PLAN NAME LOCATION TYPE ACTION STATUS HI-22-04 Referral of Permit 527-529 S. State Permit for Parking Permit #22-661 referred to HDC by City Permit Application received 4/20/2022 and #22-661 at 527- Street Improvements Planner for consultation on Referred to the HDC for consultation. 529 S. State Architectural Review Certification; HDC Project for construction of seven parking Street recommended ArchRevCert with spaces on the property. received conditions on screening at 5/19/2022 submission of Revised Plan of parking area Meeting for Permit Review. Permit issued 12/27/2022. Project underway. HI-22-05 Delaware Public 121 Martin Luther Architectural Review Project referred to HDC by City Planner Proposed Roof Project Referred to the HDC Archives: King Jr. Boulevard Certification for consultation on Architectural for consultation. Project design Consultation on North Consultation Review Certification; HDC considered consideration of alternative materials for Roof Project at 5/19/2022 Meeting and made Roof Replacement Project. Roof Permit recommendation of roof material Application received in July 2023; issued options. 7/14/2023. Project underway. HI-22-06 Referral of Permit 43 The Green, John Permit for Accessory Permit #22-1298 referred to HDC by Permit Application received 7/25/2022 and #22-1298 at 43 Bell House Structure (Restroom City Planner for consultation on Referred to the HDC for consultation. The Green & Storage) Architectural Review Certification; at Project for construction of accessory 8/18/2022 HDC recommended structure on the property. Permit approved approval of ArchRevCert to allow by Planning Office for issuance per HDC accessory structure construction and action of 8/18/2022. Permit issued reduction of rear setback requirement. 8/15/2023. Project under construction. 4

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City of Dover Historic District Commission Summary of Applications 2022 Item 1. Updated thru December 31, 2023 FILE# PLAN NAME LOCATION TYPE ACTION STATUS HI-22-07 Referral of 235-239 West Update on Project referred to HDC by City Planner Building declared Dangerous by City Council Demolition Loockerman Street Dangerous Building for update on building and proposal on 8/15/2022. Following no action by Activities at 235- Designation and for Demolition of Dangerous Building; property owner, the City is progressing with 239 W. Demolition Activities at 10/10/2022 Meeting HDC Bid Process for Demolition; Bid Opening Loockerman St considered Determination of was 10/26/2022 and award made. HDC Demolition by Neglect and determined "Demolition By Neglect" for the Architectural Review Certification for Building and pertaining to Architectural Demolition Review Certification the HDC's motion requested continued evaluation of the building for the potential of saving it acknowledging potential buyer interest. Determination by City Solicitor that City Council Action governs. Demolition Permit #22-1902 issued 12/5/2022. Demolition complete and lot stabilized with grass planting. 5

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City of Dover Historic District Commission Summary of Applications 2023 Item 1. Updated thru December 31, 2023 FILE# PLAN NAME LOCATION TYPE ACTION STATUS HI-23-01 Lands of Shank 34 The Green Site Plan for Parking Review for Architectural Review Site Plan granted conditional approval by Shack, LLC: Lot Reconfiguration Certification of Site Plan; Public Historic District Commission. Administrative Parking Lot Improvements Hearing and Review by HDC Site Plan review completed: Final Plan Improvements 1/19/2023. Recommended approval of approval issued May 2023. of ArchRevCert for project. Administrative Building Permit #23-1668 issued 11/6/2023 to commence construction. Improvements are associated with future Kent County Family Court Project. Project underway. HI-23-02 Referral of Fence 147 S. New Street Fence Permit Permit #23-781 referred to HDC by City Permit Application received 5/12/2023 and Permit #23-781 at Planner for consultation on Referred to the HDC for consultation. 147 S. New Street Architectural Review Certification; Permit to be approved for issuance per HDC 5/18/2023 HDC recommended action of 5/18/2023. Permit issued approval of ArchRevCert to allow 6/6/2023. Fence installed. height of 6-feet constructed of wood materials that may be stained (no vinyl fence). HI-23-03 Referral of Permit 43 The Green, John Sign Permit for Permit #23-987 referred to HDC by City Permit Application received and Referred to #23-987 at 43 The Bell House Informational Kiosk Planner for consultation on the HDC for consultation. Project is Green Architectural Review Certification; installation of information kiosk of 9 SF as 7/20/2023 HDC recommended post and panel style sign to display approval of ArchRevCert to allow kiosk information on the First State Heritage Park style sign subject to use of certain activities. Permit approved for issuance per materials. HDC action of 7/20/2023 requiring the use of black metal material or painted wood for kiosk. HI-23-04 Referral of Sign 32 W. Loockerman Sign Permit for 2 Permit #23-1462 referred to HDC by Permit Application received and Referred to Permit #23-1462 Street Business Tenants City Planner for consultation on the HDC for Consultation. Project is at 32 W. Architectural Review Certification; installation of signage for two tenants. HDC Loockerman St 10/19/2023 HDC recommended recommended Revised Signage. Permit approval of ArchRevCert for window approved for part of window sign portion of signs and signs on metal band. project. 6

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City of Dover Historic District Commission Summary of Applications 2023 Item 1. Updated thru December 31, 2023 FILE# PLAN NAME LOCATION TYPE ACTION STATUS HI-23-05 Referral of 153 S. Bradford Demolition Permit Permit #23-1521 referred to HDC by Building condemned by Code Enforcement, Demolition Street for Demolition of City Planner for consultation on Case #23-3847. Permit Application received Permit #23-1521 Second Floor Architectural Review Certification; for Partial Demolition and Referred to the at 153 S. Bradford deferred from October 19, 2023 HDC HDC for Consultation. Project seeks to St Meeting at request of Applicant. demolish the second floor of the masonry Consideration began at November 16, building and construct flat roof system. 2023 HDC Meeting; action pending submission of additional information. 7

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Summary of Permit Applications with Architectural Review Certification Item 2. 2023 - Updated Thru 12-31-2023 DATE PERMIT # LOCATION TYPE ACTION ON ARCHITECTURAL NOTES REVIEW CERTIFICATE 1/25/2023 22-2005 101 W Loockerman St Fence Permit Staff Approval Installation of gate system (metal) at parking lot entrances. 2/16/2023 23-6 6 S State Street Window Permit Staff Approval Replacement of windows on third floor with double hung 2-over-2 windows. Same size as existing. 2/23/2023 23-91 45 S State Street Demolition Permit - Interior Staff Approval. No ArchRevCert Interior demolition activities related required for interior work. to renovations due to water damage. 3/20/2023 22-1674 108 W Loockerman St, Sign Permit Staff Approval Installation of projecting sign for Coney Island Grill restaurant. 4/21/2023 22-1017 144 S Governors Avenue Building Permit - Interior Staff Approval. No ArchRevCert Interior renovations for commercial Renovations required for interior work. tenant space on first floor and apartment units on second floor. No exterior changes to brick building. 4/12/2023 23-315 225 W Loockerman St Building Permit - Interior Staff Approval. No ArchRevCert Interior renovations for commercial Renovations required for interior work. tenant (retail) on first floor. 4/12/2023 23-316 225 W Loockerman St Building Permit - Interior Staff Approval. No ArchRevCert Interior renovations for apartment Renovations required for interior work. unit on second floor. 4/4/2023 23-354 146 S State Street Sign Permit Staff Approval Installation of projecting sign for office and wall sign placement on porch railing side. 4/4/2023 23-355 144 Kings Hwy SW Sign Permit Staff Approval Installation of projecting sign along porch cornice for restaurant. 4/5/2023 23-364 231 W Loockerman St Fence Permit Staff Approval Installation of two gates in alleyway spaces between buildings. 4/19/2023 23-421 102 S Governors Ave Administrative Building Permit Staff Approval Replacement of sidewalk leading to building. 8

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Summary of Permit Applications with Architectural Review Certification Item 2. 2023 - Updated Thru 12-31-2023 DATE PERMIT # LOCATION TYPE ACTION ON ARCHITECTURAL NOTES REVIEW CERTIFICATE 4/17/2023 23-442 31 W Loockerman St Sign Permit Staff Approval Installation of one projecting sign and reface of existing wall (box) sign for new retail tenant. 4/20/2023 23-458 203 S State Street, Delaware Roof Permit Staff Approval Roof replacement with DaVinci State University Foundation shake style composite shingles on multiple roof surfaces. 4/20/2023 23-459 203 S State Street, Delaware Building Permit - Exterior Staff Approval Reinstallation of shutters on State University Foundation Renovations building of panel shutters and louvered shutters with metal hardware. 4/26/2023 23-478 6 Kings Hwy NE Fence Permit Staff Approval installation of black metal fence with gates in the rear. 4/21/2023 23-546 151 Kings Hwy SW, Roof Permit No Planning Staff Review. Replacement of flat roof with EDPM Woodburn roof membrane. 5/5/2023 23-547 151 Kings Hwy SW, Building Permit - Exterior Staff Approval Repair south portico columns. Woodburn Renovations 5/3/2023 23-610 33 S. State Street Sign Permit Staff Approval Additional business name panel added to existing post sign. 5/19/2023 23-790 151-181 Kings Hwy SW, Fence Permit Staff Approval Black aluminum fencing added Woodburn along south and east property lines. 5/25/2023 23-853 117-119 W Loockerman Roof Permit Staff Approval Replacement of flat roof with roof Steet, Mitten & Winters membrane. 6/6/2023 23-781 147 S. New Street, Tastes Fence Permit Staff Approval per HDC Replacement of fence with wood Chicken & Seafood Recommendation of 5/18/2023 fence of 6 ft. height as per HDC Recommendation of HI-23-02 6/29/2023 23-1025 140 S. State Street, Grey Fox Window Permit Staff Approval Replacement of all windows to Grille follow same size and reconfiguration. 7/13/2023 23-945 501 S. State Street, Christ Temporary Sign Permit Staff Approval Temporary Banner installation. Church 7/26/2023 23-962 136 W. Loockerman Street, Building Permit - Interior Staff Approval. No ArchRevCert Interior Renovations for new Key to Life Juice Bar Renovations required for interior work. restaurant type tenant. 9

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Summary of Permit Applications with Architectural Review Certification Item 2. 2023 - Updated Thru 12-31-2023 DATE PERMIT # LOCATION TYPE ACTION ON ARCHITECTURAL NOTES REVIEW CERTIFICATE 7/25/2023 23-987 45 The Green, next to John Sign Permit Staff Approval per HDC Kiosk (for activity postings) in yard Bell House Recommendation of 7/20/2023 area next to John Bell House. Permit approved subject to material conditions of HDC Consultation HI- 23-03. 7/14/2023 23-999 121 Martin Luther King Jr Roof Permit Staff Approval per HDC consultation Roof replacement of flat roof areas Blvd N discussion of HI-22-05 in May 2022. as membrane and pitched roof areas as composite slate. Previous consultation with HDC on roof material options. 7/13/2023 23-1066 29 S. State Street Roof Permit Staff Approval. Roof replacement of existing asphalt shingles with new architectural asphalt shingles. 8/15/2023 22-1298 43 The Green, John Bell Building Permit - Accessory Staff Approval per HDC Construction of accessory structure House Structure Recommendation of 8/18/2022. with storage and restroom. Reviewed as HI-22-06. 8/15/2023 23-1050 89 Kings Highway SW, Window & Door Permit Staff Approval. Replacement of exterior windows DNREC - Richardson & and repairs to sills, headers, and Robbins Building trimwork and refinish/repair select doors. 8/2/2023 23-1167 123 W. Loockerman Street, Sign Permit Staff Approval. Installation of wall sign for business. The Wedding Boutique 8/17/2023 23-1207 28 W. Loockerman Street, Sign Permit Staff Approval. Installation of wall sign (individual The Hive: Business & Event letters) in sign band area of wall. Center 8/23/2023 23-1225 420 S. State Street, Offices Building Permit - Interior Staff Approval. No ArchRevCert Interior renovations to convert for Delaware Restaurant Renovations required for interior work. existing single family detached Association residence to offices. 8/25/2023 23-1253 217-221 W. Loockerman Building Permit - Interior Staff Approval. No ArchRevCert Interior renovations to portion of Street, Catering & Teaching Renovations required for interior work. building to convert spaces to Commercial Kitchen Catering & Teaching Commercial Kitchen. 10

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Summary of Permit Applications with Architectural Review Certification Item 2. 2023 - Updated Thru 12-31-2023 DATE PERMIT # LOCATION TYPE ACTION ON ARCHITECTURAL NOTES REVIEW CERTIFICATE 9/12/2023 23-1236 21 W. Loockerman Street, Building Permit - Interior Staff Approval. No ArchRevCert Installation of Stair Lift on interior Dover Art League Renovations required for interior work. for access to second floor gallery. 9/7/2023 23-1380 108 E Water Street Roof Permit Staff Approval. Roof replacement of asphalt shingles with asphalt shingles. 9/13/2023 23-1430 136 E. Water Street Building Permit - Interior No Planning Staff Review. Interior Renovations for crawlspace Renovations insulation. 9/26/2023 23-1512 410 Federal Street, O'Neill Door Permit Staff Approval Replacement of two exterior raised Building panel double entry doors in same format. 10/19/2023 23-373 500 W Loockerman St Administrative Building Permit -Staff Approval. No ArchRevCert Interior renovations for tenant fit- Tenant Fit out required for interior work. out. 10/23/2023 23-1150 445 S Governors Avenue, Building Permit Approval per HDC Recommendation New construction of Courthouse Kent County Family and PC Approval of ArchRevCert Building. Reviewed as HI-22-03 and Courthouse S-22-06. 10/23/2023 23-1151 415 S Governors Avenue. Building Permit Approval per HDC Recommendation New construction of Parking Kent County Family and PC Approval of ArchRevCert Structure for Courthouse. Reviewed Courthouse Parking Garage as HI-22-03 and S-22-06. 10/24/2023 23-1621 145 Kings Hwy SW, Sign Permit Staff Approval. Replace of existing monument sign Apartment Complex at entrance to apartment complex. Consolidated several signs into one. 10/27/2023 23-1642 6 Kings Hwy NE, Single Building Permit - Interior Staff Approval. No ArchRevCert Interior renovations to kitchen. Family Residence Renovations required for interior work. 11/16/2023 23-983 6 S State Street Window Permit Staff Approval. Window replacements on second floor and third floor. 11/6/2023 23-1667 30 The Green, Lands of King Admin Building Permit - Approval per HDC Recommendation Parking Lot Improvements reviewed of Clubs Parking Lot of ArchRevCert as HI-21-04 11/6/2023 23-1668 34 The Green, Lands of Admin Building Permit - Approval per HDC Recommendation Parking Lot Improvements reviewed Shank Shack Parking Lot of ArchRevCert as HI-23-01 11/8/2023 23-1694 2 W Loockerman Street Sign Permit Staff Approval. Wall sign of individual letters in space on sign band for law office tenant. 11

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Summary of Permit Applications with Architectural Review Certification Item 2. 2023 - Updated Thru 12-31-2023 DATE PERMIT # LOCATION TYPE ACTION ON ARCHITECTURAL NOTES REVIEW CERTIFICATE 12/20/2023 23-1607 140 S. State Street, Grey Fox Roof Permit Staff Approval. Roof replacement of flat roof area Grille with membrane roof. Not visible. 12/1/2023 23-1721 7 The Green, Ridgely House Roof Permit Staff Approval Roof replacement on back roof and gutter system. 12/8/2023 23-1787 45 S State Street Roof Permit Staff Approval Roof replacement of existing shingles with architectural shingles. 12/18/2023 23-1829 3 S American Avenue Building Permit - Exterior Staff Approval Renovations to ADA Ramp and Renovations exterior stair to second floor on rear of building. Not visible from street. 12/27/2023 23-1838 6 S State Street Roof Permit Staff Approval Roof work on flat roof area. 12

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Item 3. CITY OF DOVER ORDINANCE #2024-01 Proposed Draft Ordinance 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix B – Zoning, Article 3 Section 13. Central Commercial Zone (C-2) be amended by 5 inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: 6 7 APPENDIX B – ZONING 8 9 ARTICLE 3 - DISTRICT REGULATIONS 10 11 Section 13. - Central commercial zone (C-2). 12 13 13.1 Uses permitted. In a central commercial zone (C-2), no building or premises shall be used, and no 14 building or part of a building shall be erected, which is arranged, intended, or designed to be used, in 15 whole or in part, for any purpose, except the following: 16 17 (a) Retail stores. 18 (b) Restaurants, cafes, and eating establishments. 19 (c) Commercial kitchens. 20 (d) Microbrewery, craft distillery, and meadery establishments. 21 (c) (e) Hotels, including bed and breakfast inns. 22 (d) (f) Art galleries and artisan studios. 23 (e) (g) Service establishments. 24 (h) Banks and financial institutions 25 (f) (i) Personal service establishments. 26 (g) (j) Business, professional, and government offices. 27 (h) (k) Apartments and multi-family dwellings, provided that no dwelling units shall be 28 permitted in on the first floor on the street frontage of Loockerman Street. Uses accessory to the 29 residential units such as lobby and amenity spaces are permitted on the first floor. 30 (l) Live-work units. 31 (i) (m) Indoor recreation and amusement establishments. 32 (n) Parking lots and parking structures as a principal use. 33 (o) Places of public assembly. 34 (p) Manufacturing, assembling, converting, altering, finishing, cleaning, cooking, baking, 35 or any other processing of products where goods so produced or processed are to be sold at 36 retail on the premises or online and where the size of the establishment shall not exceed 37 5,000 square feet in floor area. 38 (q) Open space areas. 39 40 13.2 Conditional uses. The following uses are permitted, conditional upon the approval of the planning 41 commission in accordance with the procedures and subject to the general conditions set forth in article 42 10, section 1: 43 44 (a) Parking lots and parking structures as a principal use. 13

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Item 3. DRAFT Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance Page 2 of 10 45 (b) Places of public assembly. 46 (c) Manufacturing, assembling, converting, altering, finishing, cleaning, or any other processing 47 of products where goods so produced or processed are to be sold at retail exclusively on the 48 premises, provided that: 49 (1) An area fully concealed from any street and equal to not more than 20 percent of the 50 area devoted to retail sales shall be so used; 51 (2) Electrical power not to exceed a total of five rated horsepower, and steam pressure not 52 in excess of 60 pounds of pressure per square inch shall be used exclusively; 53 (3) Not more than four employees are engaged in such production or processing. 54 (a) Manufacturing, assembling, converting, altering, finishing, cleaning, cooking, baking, 55 or any other processing of products where goods so produced or processed are to be sold at 56 retail on the premises or online and where the size of the establishment exceeds 5,000 57 square feet in floor area. 58 59 13.3 Uses prohibited. The following uses are prohibited: 60 61 (a) Fuel pumps and motor vehicle storage, sales, or repairs. 62 63 13.4 Enclosed buildings. All permitted uses and all storage accessory thereto, other than offstreet 64 parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor eating areas 65 associated with restaurants, outdoor gathering areas, and outdoor sales areas approved by the city 66 planner or approved as part of the site development plan approval required by article 3, section 67 13.6. 68 69 13.5 Design standards. The following standards shall apply to the site and building development in 70 the central commercial zone (C-2): 71 72 13.51 Façade Articulation. Building facades should incorporate design elements to provide 73 a base, middle, and top of the building to reinforce the pedestrian scale at the street level. 74 75 13.52 Height. For buildings greater than four (4) stories in height, then the upper floors 76 above the fourth story shall step back ten (10) feet on the primary facade. For buildings 77 greater than six (6) stories, then the upper floors above the sixth floor shall step back an 78 additional ten (10) feet on the primary façade. These step backs areas may begin at a lower 79 height than these minimums as part of the building design in order to be compatible with 80 the character of the area. 81 82 13.53 Step back areas. The step back areas should be open to the sky and can be open air 83 balcony spaces or other design architectural features that are not enclosed spaces. 84 85 13.54 Off-street Parking. Off-street parking lots shall not be permitted to be situated 86 between the street line and the primary facade of the principal building. Consideration 87 should be given to locating parking to the side or rear of the building. 88 89 13.55 Screening. Any off-street parking lots provided shall be screened from the street line 90 by buildings, landscaping, or other means. Off-street parking lots shall be screened from 14

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Item 3. DRAFT Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance Page 3 of 10 91 adjacent residential zones and residential uses. This screening provision does not apply to 92 adjacent alleys. 93 94 13.5 13.6 Performance standards. All uses are subject to performance standards as set forth in article 5, 95 section 8.1. 96 97 13.6 13.7 Site development plan approval. Site development plan approval in accordance with article 10, 98 section 2 hereof shall be required prior to the issuance of building permits for the erection or 99 enlargement of all structures and prior to the issuance of certificates of occupancy for any change of use. 100 101 BE IT FURTHER ORDAINED: 102 103 That Appendix B – Zoning, Article 4 Section 4.14 amended by inserting the text indicated in bold, blue 104 font and deleting the text indicated in red strikeout as follows: 105 106 Section 4.14. - [C-1, C-1A, C-2, C-2A zones.] 107 Bulk and parking regulations for neighborhood commercial (C-1), limited commercial (C-1A), 108 central commercial (C-2), and limited commercial (C-2A) zones are as follows: 109 C-1 C-1A C-2 C-2A Minimum required: Lot area (sq. ft.) 2,500 Lot width (ft.) 25 Lot depth (ft.) 70 100 Front yard (ft.) 25 25 0 15 Side yard (ft.) None required, None required, None required, but None required, but but 5 feet min. if but 5 feet min. if 5 feet min. if 5 feet min. if provided provided provided provided Rear yard (ft.) 15 15 20 above ground 20 above ground floor. At ground floor. At ground floor, 5 ft. required floor, 5 ft. required Side or rear yards 15 15 15 25 which adjoin a residential zone (ft.) Off-street parking Per 300 sq. ft. 1 floor area or Per employee 1 (whichever is greater) Maximum permitted: Building height Stories 2 2 6 10 6 Feet 30 30 75 125 75 Floor area ratio 1.0 1.5 4.0 5.0 4.0 15

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Item 3. DRAFT Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance Page 4 of 10 110 111 BE IT FURTHER ORDAINED: 112 113 That Appendix B – Zoning, Article 5 Section 6 amended by inserting the text indicated in bold, blue 114 font and deleting the text indicated in red strikeout as follows: 115 116 Section 6. - Dumpsters for trash and recycling. 117 118 6.1 Location of trash receptacles. In all zones of the City of Dover (except in residential zones where 119 standard City of Dover 90-gallon trash containers are used), all trash receptacles and bulk recycling 120 bins (excluding publicly operated recycling drop off centers), which shall be referred to collectively as 121 "dumpsters" in this ordinance, are to be situated in order to allow safe and efficient access by trash 122 collection vehicles, and shall be screened from public view. All dumpsters must comply with the 123 following regulations: 124 6.11 Location and screening required. All dumpsters must be located in approved locations on the 125 lot. Dumpsters must be placed on hard, paved, dust-free surfaces and may not be placed in designated 126 parking spaces, fire lanes, or access ways. Outside storage of trash, cardboard, or shipping pallets is 127 prohibited. A dumpster enclosure is required to screen the dumpster from view whenever these units 128 are situated so that they will be visible from any public right-of-way or from an adjacent property. 129 6.12 Minimum dumpsters required. 130 Use Dumpsters Required Restaurant Two required for the first 3,000 square feet of gross building area; one required for each additional 3,000 square feet of gross building area or fraction thereof Shopping center (excluding Two required for the first three stores; one required for each store supermarkets or anchor tenants) thereafter Supermarkets & anchor tenants Two required in addition to requirements for shopping center in shopping centers Office & retail less than 50,000 Two required for the first 16,000 square feet of gross floor area; one square feet required for each additional 16,000 square feet of gross floor area or fraction thereof Office & retail greater than Two required for the first 50,000 square feet of gross floor area; one 50,000 square feet required for each additional 24,000 square feet of gross floor area or fraction thereof Industrial, warehousing & Two required for the first 80,000 square feet of gross building area; institutional one required for each additional 40,000 square feet of gross building area or fraction thereof Apartment complex or Two required for the first 48 apartments; one required for each Apartment Building with over additional 24 apartments or fraction thereof 10 units Non-residential uses Two required per property 131 16

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Item 3. DRAFT Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance Page 5 of 10 132 6.13 Selection of trash service. Applicants for site development plan approval shall specify the 133 proposed method of trash collection (side load or front load) at the time of application. A change in 134 the method of collection may require an alteration of the site plan, subject to approval of the city 135 planner or the planning commission. 136 6.14 Maneuvering space. Adequate off-street truck maneuvering space shall be provided on-lot and 137 not within any public street right-of-way or other public lands. Internal site circulation lanes are to be 138 designed with adequate turning radii to accommodate the size and efficient maneuvering of trash 139 collection vehicles. 140 6.15 Minimum dimensions for dumpster enclosures. All dumpster enclosures must be adequate to 141 screen dumpsters from public view. Enclosures for private collection must be no less than seven feet 142 in height. The height of enclosures for City of Dover collection may be no less than five feet high. 143 6.16 Enclosure construction. All dumpster enclosures shall be constructed of durable materials that 144 will withstand the normal use and wear expected in trash removal operations. Whenever a dumpster, 145 in its enclosure, will be visible from a public right-of-way, the appearance of the dumpster enclosures 146 shall complement the architecture of the principal building on the lot, and be constructed with the 147 same or similar exterior materials. 148 6.17 Gates. Gates are required whenever a dumpster, in its enclosure, will be visible from a public 149 right-of-way. Gates must be designed to swing back behind the front of the enclosure and lock in the 150 open position. If City of Dover trash service is provided, it is the responsibility of the property owner 151 or occupant to open and securely lock back the gates to allow for trash pick up. The gates may be 152 opened 12 hours prior to pick up, and must be closed within 12 hours after pick up. 153 6.18 Reduction of dumpster requirement. When a use is required to provide dumpsters as part of site 154 development plan approval, the required number of dumpsters may be reduced under the following 155 circumstances: 156 a) Dumpster pads reserved for future use. An area of the site reserved for a dumpster may be 157 substituted for an actual dumpster. The provided area must be large enough to accommodate a 158 dumpster and must be accessible to trash collection services. The city planner may require that 159 the owner of record of the property provide a dumpster in the reserved location, together with 160 any enclosure required, upon determining there is need for the additional dumpster. 161 b) Trash compactor substitution. Trash compactors may be substituted for ordinary dumpsters 162 at a two to one ratio. The city planner may approve a higher substitution ratio if specifications 163 are provided indicating the machine will achieve a correspondingly higher trash compaction 164 ratio. Trash compactors must meet the same location and screening requirements as other 165 dumpsters. Sites providing trash compactors must still provide separate receptacles for 166 recycling. 167 c) Alternative solutions. Alternative solutions for the storage of and collection methods for 168 trash and recycling receptables may be considered. The city planner or planning 169 commission may authorize alternative solutions. 17

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Item 3. DRAFT Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance Page 6 of 10 170 6.2 Location and screening approval required. The locations of new dumpsters on a site and any 171 screening necessary shall be approved through the site development plan approval process, according 172 to the type of review required in article 10 of this appendix. 173 6.3 Unauthorized dumpsters. Any dumpster not previously approved through the site development 174 plan approval process may be required by the city planner to be moved, removed, or screened if said 175 dumpster is a nuisance to neighboring properties by virtue of its current location. 176 177 BE IT FURTHER ORDAINED: 178 179 That Appendix B – Zoning, Article 6 Section 3.1 amended by inserting the text indicated in bold, blue 180 font and deleting the text indicated in red strikeout as follows: 181 182 Section 3. - Required off-street parking spaces. 183 3.1 Schedule of requirements. Accessory off-street parking spaces, open or enclosed, shall be provided 184 for any lot as specified in Article 4—Zoning Bulk and Parking Regulations, or as specified below for 185 each use in any zone, whichever is greater. 186 (a) Exceptions. 187 i. Where Article 3—District Regulations, specifies a minimum parking requirement, this 188 parking requirement shall prevail. 189 ii. For existing buildings within the C-2 zoning district, the requirements of Article 4, Section 190 4.14—[C-1, C-1A, C-2, C-2A zones zoned], bulk and parking regulations governing the C-2 191 zoning district shall prevail. 192 iii. For new construction within the downtown redevelopment target area, as described in 193 appendix C of the Dover Code of Ordinances, there is no minimum off-street parking 194 requirement based on use. To utilize this exception, a parking strategy statement must be 195 submitted for review as part of the site development plan approval required by appendix 196 B, zoning, article 10, section 2. 197 For: At Least One Parking Space For Each Places of worship Two hundred (200) square feet of floor area, but not less than one (1) space for each four (4) seats, where provided Libraries Three hundred (300) square feet of floor area Medical offices—All types Three hundred (300) square feet of floor area Nursery school or kindergarten Adult attendant, plus one for every 20 children 18

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Item 3. DRAFT Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance Page 7 of 10 For: At Least One Parking Space For Each Elementary or junior high school Eight (8) seats in main auditorium/cafeteria or gymnasium High school, technical school, college or Five (5) seats in main auditorium/cafeteria or university gymnasium; if none, see Article 4—Zoning, Bulk and Parking Regulations Hospitals or sanitariums Three beds Apartments Two (2) per dwelling unit and one (1) for every two hundred (200) square feet of office space and 0.25 per dwelling unit for visitor space Roominghouses Guestroom Dormitories Three (3) beds Eating and drinking places Four (4) seats plus one (1) for every three (3) bar seats Funeral homes Two (2) employees, plus five (5) spaces for each chapel Hotels and motels Guestroom, plus one (1) for every 200 square feet of office space, banquet hall, or meeting areas Athletic fields, baseball, football or Three (3) seats boxing stadiums and arenas; race tracks Golf courses Per employee and four (4) parking spaces for each hole Golf or baseball driving range One-half (½) stall Airports Per employee and for each two (2) airplanes in storage 198 199 3.2 Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street 200 parking spaces include any private garage, carport, or other area available for parking, other than a 201 street or driveway. However, a driveway within a required front yard for a one-family or two-family 202 residence may count as one parking space, other than a corner lot as provided in article 5, section 1.3. 203 3.3 Location and ownership of required accessory parking facilities. Required accessory parking 204 spaces, open or enclosed, may be provided upon the same lot as the use to which they are accessory, 205 or elsewhere, provided all spaces therein are located within 150 feet walking distance of such lot. In 19

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Item 3. DRAFT Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance Page 8 of 10 206 all cases, such parking spaces shall conform to the regulations of the district in which they are 207 accessory and shall be subject to deed restriction, filed with the city clerk, binding the owner and his 208 heirs and assigns to maintain the required number of spaces available either: 209 (a) Throughout the existence of such use to which they are accessory; or 210 (b) Until such spaces are provided elsewhere. 211 3.4 Size of spaces. The minimum parking space dimensions shall be at least nine (9) feet in width and 212 at least 18 feet in length. Disabled accessible spaces shall meet ADA requirements. 213 3.5 Access. Unobstructed access to and from a street shall be provided. Each drive lane shall have at 214 least ten feet of width so that one-way drives have at least ten feet of width and that two-directional 215 drives have two lanes of ten feet each. Unless otherwise specified within this section, access shall be 216 provided by at least one two-directional drive lane or two one-directional drive lanes. 217 3.6 Drainage and surfacing. 218 (a) All open permanent parking areas and access drives shall be properly drained and all such 219 areas shall be provided with paved asphalt, concrete or other hard, paved, dust-free surface. 220 (b) All permanent parking areas shall be enclosed with upright concrete curbing at least six 221 inches in height. The city planner may relax this requirement for a portion of a parking area 222 when there is a demonstrated need to convey stormwater to a proposed or approved stormwater 223 management area. Curbing shall not be required for loading areas, handicapped access and for 224 parking spaces accessory to a one-family or two-family residence (see also article 6, section 225 5.3). 226 3.7 Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to 227 serve, jointly, two or more establishments, whether or not located on the same lot, provided that the 228 number of required spaces in such joint facilities shall be not less than the total required for all such 229 establishments. 230 3.8 Combined spaces. When any lot contains two or more uses having different parking requirements, 231 the parking requirements for each use shall apply to the extent of that use. Where it can be 232 conclusively demonstrated that one or more such uses will be generating a demand for parking spaces 233 primarily during periods when the other use or uses is not or are not in operation, the planning 234 commission may reduce the total parking spaces required for that use with the least requirement. 235 (a) Campus Parking Plan. When a new building or building addition is made to a campus 236 involving multiple buildings under common ownership where one or more of the uses will be 237 generating demand for parking when the other use or uses are not in operation, the applicant 238 shall present a campus parking plan as a part of the site development plan that includes an 239 analysis of the parking needs based on the provisions of section 3.8 of this article. 240 3.9 Adjustments to parking requirements. The planning commission or city planner, according to the 241 type of plan review required by appendix B, zoning, article 10, planning commission, may reduce, in 242 an amount not to exceed 50 percent, the number of parking spaces required when, in the opinion of the 20

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Item 3. DRAFT Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance Page 9 of 10 243 commission, it has been demonstrated that the use is adequately served by transportation and parking 244 alternatives, including but not limited to: 245 (a) Site plan proposals within the downtown redevelopment target area, as described in 246 appendix C of the Dover Code of Ordinances, may be granted a 20 percent reduction in the 247 amount of off-street parking normally required, due to the availability of mass transit, 248 municipal parking and existing pedestrian amenities. 249 (b) Designated off-street parking reserved for car pools, van pools, and bicycle parking 250 facilities, in accordance with the following schedule: 251 (1) Each carpool space shall be equivalent to three standard parking spaces. 252 (2) Each vanpool space shall be equivalent to five standard parking spaces. 253 (3) Every group of five bicycle parking spaces shall be equivalent to one standard 254 parking space. 255 (c) Employer participation in a traffic-mitigation plan approved by the Delaware Department 256 of Transportation. 257 (d) Cash-in-lieu of parking contributions toward the capital construction or improvement of 258 municipal parking facilities that are proposed. The cash-in-lieu of parking contribution shall be 259 in a monetary amount equivalent to the estimated cost of construction for the number of 260 standard surface parking spaces for which the reduction is sought. To take advantage of this 261 option, the developer shall submit to the city engineer a cost estimate for the parking requested 262 to be waived. The city engineer shall examine the estimate for accuracy in current prevailing 263 costs of construction at the time of proposal and shall report to the planning commission 264 his/her findings. 265 (e) Proposals involving superior urban design which contribute to an enhanced pedestrian 266 environment and which include such features as pedestrian plazas and pocket-parks, 267 pedestrian-way connections with existing sidewalk systems and community facilities, park 268 benches and other street furniture, mass transit connections and shelters, and landscaping and 269 shade tree plantings. 270 In all areas, except the downtown redevelopment target area, the planning commission or city planner, 271 according to the type of plan review required by appendix B, zoning, article 10, planning commission, 272 may require the development plans to have an area of open space designated where parking could be 273 constructed less than or equal to the number being reduced. In such cases the plan shall bear a note 274 which explains that the petitioner, in accepting a parking reduction, agrees to construct such additional 275 parking as is otherwise required under the provisions of this appendix, if the planning commission, 276 after a hearing, determines that the reasons for granting said reduction no longer exist. In all such 277 instances where the planning commission determines that the reasons for granting a reduction no 278 longer exist, the owner of record for the subject property for which a reduction was previously granted 279 must construct the parking required to meet the regulations of the city during the next construction 280 season. 21

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Item 3. DRAFT Proposed Ordinance #2024-01 - Amending Zoning Ordinance, Article 3 Section 13 Central Commercial Zone (C-2) and related development provisions of Zoning Ordinance Page 10 of 10 281 3.10 Bicycle parking. Bicycle parking shall be provided for parking spaces at a rate of one bicycle 282 parking space for every 20 parking spaces or a fraction thereof. The planning commission may waive 283 the requirement for the bicycle parking if it is demonstrated that bicycle parking would not be 284 appropriate for safety reasons or due to the nature of the use of the site. 285 286 BE IT FURTHER ORDAINED: 287 288 That Appendix B – Zoning, Article 12 – Definitions be amended by inserting the text indicated in bold, 289 blue font in appropriate alphabetical order: 290 291 Live-work unit: A first floor business use, such as an office, studio, shop, café, service 292 establishment, personal service establishment, or other permitted use in combination with an 293 office and a dwelling unit located above such place of business. A person or persons other than the 294 proprietor of the first floor business may occupy the dwelling unit portion of a Live-work unit. 295 296 297 298 ADOPTED: * 299 300 301 SYNOPSIS 302 This is a series of text amendments to the Zoning Ordinance provisions of the C-2 (Central Commercial 303 Zone) and related development provisions. These amendments revise the permitted uses and the 304 conditional uses, add design standards, and revise the bulk standards for height and floor area ratio 305 (FAR) of the C-2 (Central Commercial Zone). There are proposed revisions to other sections of the 306 Zoning Ordinance related to parking requirements and Dumpsters. These text amendments are offered 307 for consideration as part of the implementation of the Transforming Downtown Dover: Capital City 308 2030 (Transforming Downtown Dover) Plan. 309 310 (SPONSORS: *) (INITIATION BY THE CITY PLANNER) 311 312 313 Actions History: 314 1/9/2024 - Introduced at Council Committee of the Whole/Legislative Finance, and Administration 315 Committee 316 22

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Item 4. Delaware Preservation Fund Small Grants Program Guidelines Applications are now open for the 2024 grants round. The closing date for applications is Friday, February 9, 2024. The completed form, along with supporting materials, should be emailed HERE. Since its establishment in 2000, the Delaware Preservation Fund has awarded more than 300 small grants throughout Delaware. The program is especially directed toward applicants who would not normally qualify for other forms of financial assistance. Corporations, partnerships, individuals, non-profit and religious organizations, and governmental entities within Delaware are all eligible to receive grants. The Fund’s grants have historically targeted projects of a “bricks and mortar” nature. Under new guidelines, the DPF is also accepting applications for non-capital projects, including restoration planning projects, architectural/engineering studies, and contracting professional consultants to prepare National Register or local district nominations. If you have any questions after reading the guidelines below, please contact the Delaware Preservation Fund’s program managers by EMAIL or (302) 831-8097. Available funding Most grants typically range between $2,000 to $5,000. The maximum grant is $10,000. For grant requests more than $5,000, the DPF must be satisfied the proposal and resource is of major significance; that the resource will be at serious risk if the work is not carried out; that the likely benefits well exceed the anticipated costs; and/or that the work is unlikely to take place without the Fund’s assistance. Because funds are limited, projects are selected for their ability to make a significant difference for the small investment offered. As a rule, the DPF requires a minimum 50% match from the applicant. In-kind contributions may be credited towards the match. Eligibility Historic resources located in Delaware are eligible for a grant if they are either:  on or determined eligible for listing on the National Register of Historic Places  a contributing element to a National Register Historic District, or  determined by a county or local government to be locally significant Applications for the following project types will be accepted:  Capital projects involving restoration of historic buildings and built elements, as well as historic objects such as ships and statuary. 23

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Item 4.  Restoration planning, architectural/engineering studies (maximum grant $10,000, or 50% of project cost, whichever is less).  Documentation projects:  Preparation of new, individual nominations for listing on the National Register (maximum grant $5,000, or 50% of project cost, whichever is less).  Preparation of nominations for new or amended National Register historic districts (maximum grant $10,000, or 50% of project cost, whichever is less). Historic district amendments would include boundary expansions and the addition of resources through a particular period of significance, as well as documentation of a more robust nature.  Proposals for inclusion within a new or expanded local historic district (maximum grant of $5,000, or 50% of project cost, whichever is less).  Archaeological documentation (maximum grant $10,000, or 50% of project cost, whichever is less).  Plaques and signage if they are of an interpretive nature. Ineligible Proposals: Certain categories of work are precluded because they fall outside the concept of preservation, as defined by the Secretary of the Interior’s standards, including reconstruction of the majority of an historic structure, a new building recreated to look historic, partial demolition and facade retention only. The moving of historic structures from their historic location is also precluded by these standards, but there may be circumstances where allowances may be made. The following specific items are ineligible for grant funding:  Construction of new buildings or additions  Acquisition of properties  Acquisition of collections  Conservation or display of collections  Lobbying or advocacy activities  Direct or indirect administrative costs Application requirements The application must include:  A detailed project description, including a scope of work  A qualified contractor proposal with estimates, broken down as needed  An outline as to how the relevant Secretary of the Interior Standards will be met 24

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Item 4.  Good quality photos of the building/resource including adequate photos of the area requiring attention  Eligibility documentation  For National Register listed historic properties, please provide a copy of the listing  For locally designated resources, provide a copy of local government documentation  For resources not listed on the National Register or locally, submit a letter of support or determination of eligibility letter from a qualified architectural historian or archaeologist, the State Historic Preservation Office, a local preservation planner (city, town or county), or the University of Delaware Center for Historic Architecture and Design, attesting to the eligibility of the resource. Assessment criteria The following criteria are applied in the assessment of applications. Considerations are not limited to these criteria, and not all criteria need to be met. The Board will weigh these factors regarding each individual case. All decisions are at its absolute discretion.  Availability of funds  The relative historic significance of the resource  The degree to which the resource is threatened with loss, compromise, or deterioration  The geographical distribution of applications across the State  The extent of benefit to the surrounding neighborhood or community  The extent of matching funds including the applicant’s own resources. Preference will always be given to first-time applicants. The DPF will consider any previous grant(s) awarded to the applicant, what the grant was for, and how long ago it was awarded. The Fund strives to disperse grant money evenly throughout the State of Delaware. An application of otherwise lesser merit may be given preference if it comes from a location that is underrepresented in applications for that particular year. A grant may be awarded for work already completed within the previous twelve months as applicants are encouraged to expedite urgent work, rather than delay important preventative or remedial work. Photographs must be provided showing both the “before” and “after” conditions. Conditions All grants are subject to conditions, which applicants must agree to prior to accepting the grant funds. 25

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Item 4. Any construction work funded, all or in part with DPF funds, must meet the Secretary of the Interior’s Standards for Treatment of Historic Properties. Copies of the Standards are available on the National Park Service website. Grants are issued in the form of reimbursements once work is completed, and after proof of expenditure is submitted to the DPF, together with photographs of the finished work and a brief written report. The Fund must be satisfied that the work meets the Secretary of the Interior’s standards, and all local government requirements. If awarded a grant from the Delaware Preservation Fund, the applicant agrees to complete the project within a year of grant notification. Grants allow a twelve-month period for work to be completed, but may be extended for an additional twelve months if good cause is shown. A grant will automatically lapse if not extended, and an extended grant will automatically expire after two years with no further extension possible. Grant money is not automatically transferable. If the ownership of a property changes, the new owner must apply to have the grant transferred to their name. Preservation Delaware, Inc (PDI) and the Delaware Preservation Fund, Inc (DPF) reserve the right to publicize the names and locations of the grant recipients, as well as publicize photographs of the properties where work has been funded. All grant application properties are subject to scheduled visits by employees or Board members of PDI or DPF. Applications are due Friday, February 9, 2024. Completed forms with supporting photos and materials should be emailed HERE. 26

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Item 5. City of Dover ARCHITECTURAL REVIEW REPORT Referral by City Planner to Historic District Commission Meeting of January 18, 2024 Permit: Fence Permit #23-1868 Location: 146 S. State Street, Dover Located on the west side of South State Street to the north of (but not adjacent to) West Loockerman Street Tax Parcel: ED-05-077.09-02-58.00-000 File Number: HI-24-01 Present Zoning: C-2 (Central Commercial Zone) H (Historic District Zone) Referral of Permit: The following application Fence Permit #23-1868 for 146 S. State Street is referred by the City Planner to the Historic District Commission for consultation regarding the issuance of the Architectural Review Certificate for a Fence project. Applications for certain types of construction activity within the Historic District Zone (H) are reviewed by the City Planner (or Staff as designated) for Architectural Review Certification as part of the Building Permit application review process. Staff is referring the Permit for review under the provisions of Zoning Ordinance, Article 10 Section 3.22(A) and (B). See below. Section 3.22 Architectural review certification by the city planner. (A) An architectural review certificate for specific classes of building permits, including Fences, signs, siding, window and door replacement, roofing, the addition or replacement of decorative features, minor demolition, residential additions, and other construction of a minor nature, may be issued by the city planner, after a review and determination that the proposed construction is in general accordance with the standards set forth in subsection 3.25. (B) The city planner may refer any permit application for demolition or construction in the historic district for consultation with commission. Permit Information: Fence Permit #23-1868 was filed on December 13, 2023 for a Fence project at 146 S. State Street in Dover, Delaware. The Project outlined in the Permit submission involves placement of a six-foot vinyl Fence (Fence # 1) to the rear of the building between the parking lot and the building spanning from north to south. There is an additional Fence segment (Fence #2) that goes from the building north to the adjacent property and connects to an existing six-foot vinyl Fence at 140 S. State Street. P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 59

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Item 5. HI-24-01 Referral of Fence Permit #23-1868 146 S. State Street Staff Report to the Historic District Commission Page 2 of 5 It is noted that the six-foot vinyl Fences at 146 S. State Street have already been installed and was done so without a Building Permit. This work without a Permit is the subject of Code Enforcement case # 23-3983. The case was opened August 15, 2023. The Fence Permit as noted was not filed until December 2023. The project site is located within the local Historic District Zone (H) and subject to the provisions of the Zoning Ordinance, Article 3 §21 and referenced sections. This building is also located within the boundaries of a National Register Historic District, specifically the Victorian Dover Historic District. Staff Review of Permit for Architectural Review Certification: Project activities are reviewed for compliance with the Zoning Ordinance and the Design Standards and Guidelines for the City of Dover Historic District Zone as stated in Zoning Ordinance, Article 10 Section 3.25(A). Article 10 Section 3.25 Architectural review standards. (A) An architectural review certificate may be issued if it is found that the architectural style, general design, height, bulk and setbacks, arrangement, location and materials and structures affecting the exterior appearance are generally in harmony with neighboring structures and complementary to the traditional architectural standards of the historic district as set forth in the historic district design guidelines and standards adopted by the planning commission and as set forth in the United States Secretary of the Interior's Standards for Rehabilitation. The current location of the side Fence segment (Fence #2) is in the “public view”; and it is deemed visible from the public way of the adjacent street. Public view is defined in the Zoning Ordinance as “that which can be seen readily from a public street, public building or public property, excluding views from alley rights-of-way.” A majority of the longer Fence (at the edge of the parking lot) is blocked from view from South State Street by the mass of the building. The rear alley (South State Street Alley) is not considered to be a “public view” point. In reviewing the proposed project for Architectural Review Certification, Staff referenced various sections of Chapter 3: Maintenance, Repair, Preservation and Restoration of Existing Historic Buildings of the Design Standards and Guidelines for the City of Dover Historic District Zone which presents the Recommended, Not Recommended, and Inappropriate approaches to construction of various elements in the Historic District. This Request should be reviewed for conformity with the design criteria and development guidelines found in the Design Standards and Guidelines for the City of Dover Historic District Zone. Specifically, Chapter 3 page 3-26 includes the discussion of Fences in the Historic District zone where it states that site Fences and walls “should not exceed 4’0” in height and then discusses the Recommended, Not Recommended, and Inappropriate practices associated with Fences and walls as related to materials. Chapter 3 presents the information on the appropriate Fence materials for use in the Historic District. Wood picket style Fences and cast iron (metal) fencing are Recommended. 60 2

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Item 5. HI-24-01 Referral of Fence Permit #23-1868 146 S. State Street Staff Report to the Historic District Commission Page 3 of 5 Staff also looked at the provisions for Fences in the Zoning Ordinance. The Zoning Ordinance limits the height of Fences to four (4) feet within the front yard setback (Article 5 §1.55) with other provisions for increases Fence height to 6.5 feet for side yards, rear yards, and the second front yard on corner lots. Historic District Commission Action The Historic District Commission should consider the Fence project and take action in regard to the Architectural Review Certification for the Fence Permit #23-1868. The Historic District Commission may add conditions for the Fences (Fence #1 and Fence #2) in order to comply with the character of the property within the Historic District. Staff Findings from Review of Building Permit: Staff findings and recommendations are summarized as follows for the Fence project as presented in Permit #23-1868 and accompanying documents. 1. Fence Location: The Fence #1 is located in the middle of the property at the rear of the building. There are 2 pedestrian gates on this portion of Fence which runs north south. The north side of the property has Fence # 2 that runs parallel to State Street between the building and the north property line, connecting to a Fence to the north on an adjacent property. It is noted that there is a decorative wrought iron Fence at the front façade of the building running adjacent to the street sidewalk. This Fence remains and spans between 146 and 140 South State Street. 2. Fence Visibility: The side Fence segment (Fence #2) is visible from the South State Street right of way. If this section of Fence were to be removed, the rear Fence (Fence #1) portion would then also be visible. 3. Fence Height – 6 ft. along a side property line: The Design Standards and Guidelines say that generally the height of a Fence should not exceed 4 feet. The 6-foot Fence exceeds the recommended height of the Design Standards and Guidelines. Staff review of previous permits did find a Fence Permit (Permit #03-831) in 2003 for a 42” high Fence. This was to determine if this new Fence replaced a previously existing Fence. There was no diagram or specifications of material for the Fence in the file. The description as described is “48 L.F. of fencing (42” high) at curb in parking lot, next to building”. The 2012 Google Street view shows what looks to be a wood picket Fence that matches description from the 2003 Fence Permit. This earlier wood fence appears to have been removed as 2019 Google Street view does not show a Fence in the locations that are present today. 4. Fence Material: The Fences are of white vinyl as a solid panel between posts system. The use of vinyl products is typically not recommended for use in the Historic District; however, there are examples that have been approved for Fences with conditions for use of wood products, materials with a wood grained appearance (non-shiny), or other composite materials in a neutral color (tan/clay). 61 3

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Item 5. HI-24-01 Referral of Fence Permit #23-1868 146 S. State Street Staff Report to the Historic District Commission Page 4 of 5 5. Current Condition & Location: The Fences (Fence 1 and Fence 2) applied for in the Permit exist today. A Permit was applied for after a Code Enforcement Case was opened 8/15/23 for No Valid Permit. 6. Adjacent Fence at 140 South State Street: Planning Staff looked for information on the adjacent Fences. The only survey on file at the City of Dover offices for either adjacent property is from 1985 for 140 S. State Street. The survey shows a six-foot Fence inside the property line for an enclosure for the restaurant. However, the 2019 Google Street view shows a four-foot Fence approximately on the property line. Current conditions show renovations to the rear patio area including what appears to be 6-foot vinyl fencing as the enclosure. Recommendations: • Fence #1-Staff finds that Fence #1 location generally has limited visibility from the public way of South State Street due to the building and other fencing. The 6- foot height is unfortunately used to create a privacy Fence with limited visibility between parking lot and the building it serves. Given the location of the Fence, an allowance for it to remain could be granted. • Fence #2-Staff finds that this Fence is visible from South State Street and connect to an adjoining Fence blocking the through view to the alley. Even at this distance, the actual material is difficult to determine from the street. Consideration could be given to reduce this Fence to a height of 4-feet. A recommendation would be to add landscaping (shrub planting) on the South State Street face of the fence to screen the vinyl material usage (and taller height). Advisory Comments: 1. The applicant shall be aware that issuance of a Fence Permit is required prior to the commencement of construction. The Fence Permit Application will be subject to the conditions of approval established and may be required to be updated, if necessary, to comply with these conditions established through the Architectural Review Certification process. Attachments: • Letter of Referral Notice to Applicant dated January 8, 2024. • Building Permit #23-1868 Application Form and Permit submission documents • Map: Actual locations of Fence #1 and Fence #2. • Design Standards and Guidelines for the City of Dover Historic District Zone, Chapter 3, page 3-26 to 3-27. • Pictures taken January 4, 2024. • Screen shots Google Streetview. • Code Enforcement Case #23-3983. 62 4

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Item 5. HI-24-01 Referral of Fence Permit #23-1868 146 S. State Street Staff Report to the Historic District Commission Page 5 of 5 63 5

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Item 5. City of Dover January 9, 2024 State Street 146 Properties LLC Bright Side Roofing Zach Foust Brian Duerr 33 S. State St Dover, DE 19901 Via email: Brian30286@yahoo.com Re: Referral of Fence Permit #23-1868 to Historic District Commission, HI-24-01 Fence at 146 S. State Street, Dover, DE Dear Mr. Foust and Mr. Duerr, This letter is to inform you that Fence Permit Application # 23-1868 has been referred to the City of Dover Historic District Commission for consultation. Fence Permit #23-1868 was filed on December 15, 2023 for a fence project at 146 S. State Street in Dover, Delaware. The project outlined in the Permit submission involves 6-foot vinyl fence to the rear of the property spanning from the fence at the northern adjacent property along the parking lot to the south side adjacent property fence with 2 pedestrian gates. Additionally, there is a 6-foot vinyl fence segment between the northern adjacent property fence and the building with a pedestrian gate. This permit was filed after the fence was constructed; it is the subject of Code Enforcement Case #23-3983: for work without a permit. The location of the subject property within the City of Dover’s Historic District zone requires the review and issuance of an Architectural Review Certificate (ARC) for construction and demolition activities. Fences are eligible for Staff review of the ARC during the Building Permit application process. Project activities are reviewed for compliance with the Zoning Ordinance and the Design Standards and Guidelines for the City of Dover Historic District Zone as stated in Zoning Ordinance, Article 10 Section 3.25(A). 3.25 Architectural review standards. (A) An architectural review certificate may be issued if it is found that the architectural style, general design, height, bulk and setbacks, arrangement, location and materials and structures affecting the exterior appearance are generally in harmony with neighboring structures and complementary to the traditional architectural standards of the historic district as set forth in the historic district design guidelines and standards adopted by the planning commission and as set forth in the United States Secretary of the Interior's Standards for Rehabilitation. In reviewing the proposed project for Architectural Review Certification, Staff referenced the Chapter 3: Maintenance, Repair, Preservation and Restoration of Existing Historic Buildings of the Design Standards and Guidelines which present the Recommended, Not Recommended, and Inappropriate approaches to activities in the Historic District. The Design Standards and Guidelines limit the height of fences to four feet and specifies appropriate materials for fencing. This project involves the placement of a six-foot fence which exceeds the recommended height in the Historic District. In addition, the fence was constructed of vinyl material. Therefore, I am referring the Fence Permit application to the Historic District Commission for consultation. See Zoning Ordinance, Article 10 Section 3.22 (A) and (B) listed below. P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service 64

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Item 5. Letter Re: Permit #23-1878 Fence at 146 S. State Street, Dover January 9, 2024 Page 2 of 2 Section 3.22 Architectural review certification by the city planner. (A) An architectural review certificate for specific classes of building permits, including fences, signs, siding, window and door replacement, roofing, the addition or replacement of decorative features, minor demolition, residential additions, and other construction of a minor nature, may be issued by the city planner, after a review and determination that the proposed construction is in general accordance with the standards set forth in subsection 3.25 (B) The city planner may refer any permit application for demolition or construction in the historic district for consultation with commission. The City of Dover Historic District Commission will review this Permit at their next meeting scheduled for Thursday, January 18 at 3:30pm. Options for participating in the Meeting include attending In-Person at the City Hall Conference Room and or attending the Virtual Meeting presentation using WebEx, an audio and video conferencing system. A separate meeting invitation to Join the Meeting virtually will be sent by email to the applicants; where you can clink “Join Meeting” to attend that afternoon. This Permit Referral has been assigned Application #HI-24-01. You are encouraged to participate in this meeting to discuss the project. Staff will provide the Historic District Commission with the permit application materials and other background information for their review and action. Also attached to this Letter are the Design Standards and Guidelines for the City of Dover Historic District Zone pertaining to Fencing (pages 3-26 and 3-27). If you have questions or wish to discuss alternative options, please contact the Planning Office at (302)736-7196. Sincerely, Department of Planning and Inspections Dawn Melson-Williams, AICP Principal Planner CC: Fence Permit #23-1868 HI-24-01 Code Enforcement Case#23-3983 65

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Item 5. Inside fence #1. Taken January 4, 2024. 72

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Item 5. From the alley facing east. Taken January 4, 2024. From the alley. Taken January 4, 2024. 73

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Item 5. Inside fence #1 facing north. Taken January 4, 2024. From South State Street showing the south side of the house at 146 S. State Street. Taken January 4, 2024. 74

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Item 5. From South State Street on the north side of 146 S. State Street looking towards the rear of the property showing fence #2. Taken January 4, 2024. From South State Street looking towards the rear of the property between 146 & 140 S. State Street showing fence #2. Taken January 4, 2024. 75

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Item 5. Showing second pedestrian gate on fence #1 from the parking lot. Taken January 4, 2024. 76

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Item 5. Google Streetview showing fence matching description from Permit #03-831. April 2012. Google Streetview showing Oct 2019. 77

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