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CITY OF DOVER, DELAWARE
BOARD OF ADJUSTMENT MEETING
Wednesday, December 17, 2025 at 9:00 AM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
IN-PERSON and VIRTUAL MEETING
This Board of Adjustment Meeting for December 17, 2025 will be held in City Hall, City Council
Chambers. The public is welcome to attend in person. The Meeting will also be provided as a Virtual
Meeting using Webex, an audio/video conferencing system as an electronic means of communication. See
the participation information below to join by phone or computer.
PUBLIC PARTICIPATION INFORMATION
To Attend City of Dover Board of Adjustment Meeting of December 17, 2025 at 9:00 AM
Join by Phone: Dial 1-650-479-3208
Access Code: 253 783 40619
Password for Phones: 36837262
Join Online: https://bit.ly/BOA12172025
Webinar Number: 2537 834 0619
Webinar Password: DoverBOA
If you are new to Webex, get the app now at https://www.webex.com/ to be ready when the meeting
starts. For problems accessing the meeting, please call the Planning Office at (302) 736-7196.
Written comments are accepted via mail to City of Dover – Board of Adjustment,
P.O. Box 475 Dover, DE 19903 and via email at CompPlan@dover.de.us.
WELCOME
ROLL CALL
APPROVAL OF AGENDA
APPROVAL OF MINUTES
1. Adoption of Minutes of Training Session on September 17, 2025
2. Adoption of Minutes of October 15, 2025
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BOARD OF ADJUSTMENT MEETING - December 17, 2025 PAGE 2
COMMUNICATIONS & REPORTS
Meeting Reminder: The next Board of Adjustment Meeting regular meeting date is Wednesday,
January 21, 2026 at 9:00 AM.
Schedule of Deadlines
3. 2026 Schedule of Deadlines and Meetings for Board of Adjustment - DRAFT
ELECTION OF OFFICERS
OLD BUSINESS
4. Continued Discussion of Draft Rules of Procedure for Board of Adjustment
NEW BUSINESS
PUBLIC COMMENTS OPPORTUNITY
ADJOURN
Posted Agenda: December 10, 2025
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
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Item 1.
CITY OF DOVER
BOARD OF ADJUSTMENT MINUTES
September 17, 2025
A Regular/Hybrid Meeting of the City of Dover Board of Adjustment was held on Wednesday,
September 17, 2025, at 9:00 A.M. in person in the City Council Chambers and using the
phone/videoconferencing system Webex. Members present were Vice Chairman Senato, Mr.
Coburn, Ms. Brinkley and Mr. Wagner (arrived at 10:12 A.M.) Mr. Swalm was absent.
The Board welcomed new member, Ms. Carylin Brinkley.
Staff members present were City Solicitor Mr. Griffith, Mrs. Melson-Williams, Mrs. Duca, and
Mrs. Mullaney (Acting Secretary).
APPROVAL OF AGENDA
Mr. Coburn moved for approval of the agenda. The motion was seconded by Ms. Brinkley and
unanimously carried 3-0. Mr. Wagner and Mr. Swalm were absent.
It is noted that consideration of previous Meeting Minutes, a Special Recognition, and other
items of Business will be scheduled for the next meeting of the Board of Adjustment. This
Meeting is intended as a Training Session.
Vice Chairman Senato asked if there were any questions. There were none.
COMMUNICATIONS & REPORTS
Mrs. Melson-Williams mentioned that the next Board of Adjustment Meeting is Wednesday,
October 15, 2025, at 09:00 am. We have received at least one Application that will be scheduled
for that meeting. Vice Chairman Senato mentioned that he will not be in town on that date. She
was not sure if any other members had any conflicts on that day. I would have to check with the
Applicant that has filed if they would wish to defer to the next meeting of the Board. The regular
meeting date for November is November 19, 2025.
City Solicitor Griffith asked if we proceed in the absence of the vice chair and would the vice
chair be permitted to appoint another member of the Board to serve as a presiding officer at that
October meeting. Mrs. Melson-Williams replied, “I think” I would generally say yes. At this
point there has not been a Chair elected since our previous Chair, his term has ended. So, I think
that in the absence of that election occurring, that could certainly be done. In other Boards, they
may take the individual with ranking seniority, but in this case that's about all the next three as all
were appointed about the same time.
Vice Chairman Senato mentioned he believes we do have one member with senior ranking at this
time.
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CITY OF DOVER BOARD OF ADJUSTMENT __ SEPTEMBER 17, 2025
Item 1.
Mrs. Melson-Williams mentioned it is a decision that could be made and then you could keep a
meeting on October 15th. I certainly want to give the Applicant an opportunity to weigh in on
this if the City Solicitor feels that's appropriate.
City Solicitor Griffith mentioned that he does think it's helpful to make sure that these
Applications are processed, timely. So, I think if there's a matter in which we can have in the
absence of a Chairman or Vice Chairman of the Board, a ranking member or presiding officer
that is the preferable way to go and keep the October meeting.
Mr. Senato asked Mr. Coburn if this was to come about, would you be willing to, as a ranking
member as far as the Board is concerned, would you be willing to handle that meeting in
October? Mr. Coburn replied yes. Mr. Senato mentioned that he appreciates that very much. That
way the Applicant meeting won’t be postponed, and the process will be a lot faster. Thank you
very much.
Mrs. Melson-Williams stated that it's her understanding that the concept now is to continue with
the October meeting with hopefully a contingent of the rest of the members.
As previously noted, the Planning Staff mentioned that Chris Salzano, who had been serving as a
Planner II in our office, has left employment with the City. So we are again looking for that
position. For Planning Staff, we do have consultant services that assist us, but we've got a lot
going on.
Mrs. Melson-Williams noted that two of the Board of Adjustment members were missing. Mr.
Swalm and Mr. Wagner. Mr. Wagner arrived at 10:15am during the Workshop Training Session.
WORKSHOP TRAINING SESSION
The Workshop Training Session was conducted and presented by Dawn Melson-Williams,
Principal Planner of the Planning Office and City Solicitor Dan Griffith. The workshop
involved presentations, and questions and discussion from the Board of Adjustment
members.
1. Training Session Topics:
• City Ordinances and State Code Provisions
• Role and Responsibilities of Board of Adjustment Members
• Conduct of Meetings
• Discussion of DRAFT Rules of Procedure
The Board of Adjustment was provided copies of the following documents:
-Zoning Ordinance, Article 9 – Board of Adjustment
-Delaware Code, Title 22, Chapter 3 Subchapter II
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CITY OF DOVER BOARD OF ADJUSTMENT __ SEPTEMBER 17, 2025
Item 1.
-Dover Code of Ordinances, Chapter 30-Standards of Ethical Conduct and Ethics Commission
-Copy of Superior Court of Delaware case: Middle Cap Associates, LLC v. Town of Middletown
-Draft Rules of Procedure of the Board of Adjustment of City of Dover Delaware.
PUBLIC COMMENTS OPPORTUNITY
Vice Chairman Senato stated that as an open meeting, the public is given the opportunity to
provide comments the Board of Adjustment. He asked if there was anyone who wished to speak?
Mrs. Melson-Williams noted that the audience in the room is all City Staff, and there are no
virtual attendees today. I do not believe we have any public wishing to speak.
Mr. Coburn made a motion to adjourn the meeting. It was seconded by Mr. Wagner and
unanimously carried 4-0.
The meeting/training adjourned at 11:00 A.M.
Sincerely,
Maretta Savage-Purnell/km
Secretary/Acting Secretary
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Item 2.
CITY OF DOVER
BOARD OF ADJUSTMENT MINUTES
October 15, 2025
A Regular/Hybrid Meeting of the City of Dover Board of Adjustment was held on Wednesday,
October 15, 2025, at 9:05 A.M. in person in the City Council Chambers and using the
phone/videoconferencing system Webex. Members present were Mr. Swalm, Mr. Coburn, Ms.
Brinkley, Mr. Wagner and Mr. Senato (virtually).
Staff members present were City Solicitor Mr. Daniel Griffith, Mrs. Melson-Williams,
Mrs. Savage-Purnell, and Mrs. Duca.
SELECTION OF ACTING CHAIR FOR the MEETING
Ms. Brinkley moved for approval to select Mr. Coburn as the Acting Chair for this meeting. The
motion was seconded by Mr. Swalm and unanimously carried 5-0.
APPROVAL OF AGENDA
Mr. Swalm moved for approval of the agenda. The motion was seconded by Mr. Wagner and
unanimously carried 5-0.
APPROVAL OF THE REGULAR BOARD OF ADJUSTMENT MEETING MINUTES OF
AUGUST 20, 2025
Mr. Wagner moved for approval of the meeting minutes of August 20, 2025. The motion was
seconded by Mr. Swalm and unanimously carried 5-0.
APPROVAL OF THE TRAINING SESSION MEETING MINUTES OF SEPTEMBER 17,
2025
The meeting minutes of September 17, 2025, are still being prepared. They will be considered for
approval at the next meeting.
Acting Chairman Coburn mentioned that the next Board of Adjustment Meeting is Wednesday,
November 19, 2025, at 09:00A.M.
Acting Chairman Coburn asked if there were any questions; there were none.
Status Update: Preparation of DRAFT Rules and Procedure
Mrs. Melson-Williams mentioned that as part of your Training Session back in September you
were provided a Draft copy of a Rules of Procedure document to formally put in writing how you
function at a meeting such as this to resolve some of those questions of tie votes, chairmanship
and the like. Staff are continuing to review that as should you. At this point, I just wanted to keep
it in front of you, and we will bring that back to you with some edits in the future. I know the City
Solicitor took notes in this discussion you had in September. If Mr. Griffith has any other formal
comments about the updates to establish the Rules of Procedure for this Board, we can go to him
now.
City Solicitor Griffith mentioned that the only update he would have is that we discussed during
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Item 2.
CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 15, 2025
the Workshop one or two proposed edits. What was presented to the Board at the September 17,
2025, meeting was an initial DRAFT and intended as an editing process. We are starting the edits,
and we would invite comments from any Board members and Staff. Once we get all those
comments together, we can formalize and vote on the adoption of the Rules. Right now, as Dawn
mentioned, we are in the editing process. All members have a copy of the DRAFT.
COMMUNICATIONS & REPORTS
Mrs. Melson-Williams mentioned that I don't believe we have any other items for you. Your next
filing deadline is later this week. So, upon receipt of any new applications, the next Board of
Adjustment Meeting is Wednesday, November 19, 2025, at 09:00A.M. We will keep you posted
on that.
SPECIAL RECOGNITION
Resolution honoring the service of Mr. Kishor C. Sheth to the Board of Adjustment. Staff read the
Resolution into the record. (Attached)
Mr. Wagner made a motion to adopt the Resolution honoring the service of Mr. Kishor C. Sheth.
The motion was seconded by Mr. Swalm and unanimously carried 5-0.
Mr. Kishor C. Sheth said thanks to all of you. He mentioned that he enjoyed serving for 33 years
and is wishing good luck as all of you continue the same job. Thank you. Acting Chair Coburn
said thank you Mr. Sheth for your service.
Mrs. Melson-Williams asked if any other members have any comments; we can certainly take
those now. She also mentioned his 33 years of service.
Mr. Senato mentioned that he served with KC for many years and he's been an inspiration for
me. When I first came on, he taught me a lot. It was really a pleasure working with him and I
wish him all the best. Thank you.
Mrs. Melson-Williams mentioned I think I would echo that for the Staff. Over the years KC has
worked through multiple Directors and multiple Staff members that have provided support to the
Board of Adjustment. We won't talk about the 33 years because I was still in college when he
started.
OLD BUSINESS
Mrs. Melson-Williams mentioned for the record that there were no items of Old Business.
NEW BUSINESS
Mrs. Melson-Williams read the Procedure Statement for New Business.
Mrs. Melson-Williams noted that the legal notice for this Application was published in the Daily
State News on October 3, 2025, and the property owners within 200 feet of the subject site were
notified by letter sent by the Planning Office in accordance with the procedures for public notice
of a variance application. The meeting agenda was posted on October 15, 2025, in accordance with
the Freedom of Information Act requirements.
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CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 15, 2025
NEW BUSINESS
Mrs. Melson-Williams gave a brief overview of the Application V-25-05 referencing the Staff
Review Report and Recommendations.
Mrs. Melson-Williams stated that the Presentation as noted and the Review Report of the Variance
Request were previously provided to the Board and consists of a narrative and a list of Exhibits A
through F that was attached. Exhibit A is the application materials as the Board of Adjustment
Application Form and a Zoning Map Exhibit item which is Exhibit B was provided by Planning
Staff. Exhibit C is the Applicant's written narrative. Exhibits D and E are the Site Plan as provided
in two different sizes (depending on how well your eyes work) and then Exhibit F which is a series
of architectural graphics that show information about the request and the building in particular.
This application was advertised by the City's Planning Office in the local newspaper on October
3, 2025, and the mailing was completed on that same date. The applicant is going to be presenting
a Presentation. They also provided that to us in hard copy; so, we will enter that as Exhibit G into
the record.
Acting Chairman Coburn asked if there were any conflicts of interest. There was none.
Application #V-25-05
Property at 640 South State Street for the Bayhealth Medical Center – Kent Campus. A Request
has been made for two Variances from the requirements of Zoning Ordinance, Article 4 §4.15 as
associated with a proposed 10-story Hospital Bed Tower Building Addition. Variance Request
#1 seeks to increase the allowable height from 150 feet to 175 feet for a new 10-story Hospital
Bed Tower. Variance Request #2 seeks a reduction of the minimum 10-foot front yard setback to
allow for building encroachment of the Bed Tower Elevators and Stairs were adjacent to South
Street. The property is zoned IO (Institutional and Office Zone) and partially subject to the
SWPOZ (Source Water Protection Overlay Zone). The owner of record is Bayhealth Medical
Center, Inc. Property Addresses: 640 South State Street and 625 South Governors Avenue,
Dover DE. The Tax Parcel ID is ED-05-077.13-01-52.00-000.
Representative(s): Mr. Michael Metzing, Bayhealth Medical Center; Mr. Gregory Moore,
Engineer with the Becker Morgan Group
Mr. Michael Metzing was sworn in by City Solicitor Mr. Griffith.
Presentation
Mr. Metzing said thank you for this opportunity to tell you a little bit about our project and the
why's and underlying items. My name is Michael Metzing, and I serve as the Vice President of
Facilities and Support Services at Bayhealth. I have been with Bayhealth for about 21 years now
and have overseen most of their projects from Milford up through Dover. This is an opportunity
to tell you about our plans for the Bayhealth Kent Campus Expansion. Bayhealth’s mission is to
strengthen the health and community one life at a time. Ours is a safety responsibility. We help
bring people into this world and we are there when people leave this world and we are there to
bring comfort to their family. We're also there to plan events that require care and we do that
every day. We are here for all of those things. And it should be no surprise to any of you that
Delaware's population is growing quickly and a large cohort of that is the senior population. We
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CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 15, 2025
are trying to prepare for that as we come before you today. This means more patients to care for
and those patients are sicker. Over the last two decades that I've been with Bayhealth, we have
reinvested hundreds of millions of dollars in our facilities, both hospital and outpatients, to keep
pace with changes and how care is delivered. But now we find ourselves at a crossroads. We
currently need to add 64 beds immediately and an additional 32 beds by 2033. That's how large
the community has grown, and that's how the needs of the community have come to us. That's
even with us investing significantly in outpatient facilities and the move to render care
considerably on an outpatient basis. What that has resulted in is more and more patients coming
to us sicker because now they can't be taken care of with an outpatient basis. What does that
mean? That means they spend more time with us and usually don't have the level of care and
need intermediate care or intensive care. And we need to evolve to be able to meet those needs.
We also need to modernize our facilities as more than 50% of our facilities are 45 years old or
older. They were built in different standards and with different expectations. The slab-to-slab
heights are such that modern utilities systems just do not fit in them. We can't move it on there;
we can't provide the other required standards that are established in hospital codes. This would
normally mean that we would renovate our existing buildings, but we just can't. We can't
reimagine it through renovation. We need another answer. We believe that answer is to go
upward. That answer was brought over almost 20 years ago when we established our first project
on that campus and started the four-story building.
Hospitals are critical infrastructure to the community. They are built within natural disasters and
to operate during times of outside utility services failure. We never close and we are open to
serving people when the community needs us most. As such, we are different from every other
building type in the I/O Zoning and we have to be because of what is required of us because of
how we function. Also, its what's required of the building fire and specialty codes that we're
subject to. The example of those unique requirements is that hospitals are built to be defended in
place should a fire or smoke condition occur within our walls. Because hospitals have patients
that cannot preserve themselves. That is they cannot move themselves from an area in an
emergency because we did the treatment they received or because of their condition. Hospitals
are built in a manner to provide horizontal smoke and fire compartments. We move somebody
from an area that's on fire to an area that's not on fire safely and also be able to move them very
quickly. They are also built in a manner that requires us to have additional elevators and
additional stair towers so that we move them horizontally should the fire continue. Last but not
least, we have to be build in a manner to provide safe methods for our first respondents should
they have to respond to help us. These systems occupy ceilings, mechanical rooms, and
penthouses, and play a key role in ensuring they continue with a safe environment for our
patients and those that care for them regardless of what is going on around them. These are large
systems with redundant pathways that require space, significant space. Its space that you will not
find in other commercial facilities and that is because hospitals are different; they need to be the
human beings they are today. Strictly one of our former boards members and former chair
reminds us often that it's not a question of if, but a question of when you or a family member or a
loved one's going to need the services of the local hospital and you want your hospital to be the
best they can be. And today we're coming to you to ask that you consider our application.
Bayhealth's been serving this community since 1927 in the same location on State Street. Over
the years we've worked tirelessly to bring the best care to the patients and our patients in Dover.
To continue that legacy, we need to rebuild our hospital, Dover’s hospital. We are committed to
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CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 15, 2025
our mission. We're committed to Dover and the citizens. With that Gregg Moore will share the
rest of the presentation.
Mr. Gregory Moore was sworn in by City Solicitor Mr. Griffith.
Presentation Continued:
Mr. Moore stated that he was proud to be here as a human being that was actually born in that
hospital many years ago, I will leave out what year, but I am approaching being a senior citizen.
So, this is an image of the building that we are proposing. That building was actually in this very
chamber before the Planning Commission in 2006. I was here. Dawn was here and we did get
approval to build a ten-story tower in the exact location that we're proposing now and as part of
this application. We built four stories of that in our first phase in 2010 and that is the 2010
Pavilion. You can see that there in the dark (as he referred to the slide). All the lighter areas (as
he referred to on the slide) are the older facilities, which I will call hospital sprawl that happened
over many years. That is what Mike referred to as buildings that are 50 years and older. There's
only one there, which is the building of 1986 that is going to remain as part of functional hospital
and hospital beds as part of our proposed Master Plan. You can see in the center of all that, the
old building that was commissioned in 1927 believe when the first patient came in and that
building is embedded inside of all of that expansion around it as Dover and our community grew.
But the problem is those parts of the building must remain in service because we have many
functions there that we do every day and we can't take them out of service. But they don't meet
current standards, they do not meet current Codes, and we cannot functionally renovate them to
meet those standards or Codes. We'll go through that. This is a graphic showing inside the
hospital. You can see it is positioned between Governors Avenue and South State Street. The blue
is the main entrance and that main entrance is the new entrance that was built in 2010. And then
behind it, you can see the pavilion; that's what we call the bottom of the ten-story tower where
the beds will be and the actual individual rooms and the six-story tower on them. The key to this
slide is that we have two other locations where people have to go for beds. That is a little bit
difficult for our patients to find. One of those elevators (in green) is the oldest and is almost 425
feet from the main entrance. I know I've heard from my mother who was 89 years old and she
tells me, Gregg, I can't walk 425 feet to find an elevator and then go up and walk through. It is
becoming a problem with wayfinding and confusion. Not only does it affect our community and
our patients, but it also affects our Staff because they have to be everywhere that makes us less
efficient. So, the strategy of going vertical, one elevator up makes it simpler. Staff understands
that it is efficient, and the community understands it. So, this is the same graphic, just a little bit
of a different presentation, and this is what we call our Phase I. Our Phase I will be to build the
ten-story tower, which means adding six stories on top of the four that we've already built. We
also need significant improvements to our emergency department. We are having problems
because we do not have enough beds. Mike mentioned that we need close to one hundred new
beds to meet the demands. The problem that we are having now is we are getting people in our
emergency department, and we are seeing more people in our emergency department, which is a
nationwide issue. More people are coming in for instant care because of all kinds of issues in our
community. We take them in and if they get stuck in the emergency department, they get stuck
there because we don't have a bed for them to go to. We have to wait for a bed to clear, and that
causes a backup; so we're trying to correct that issue. You may have been there, and you may
have seen some of those delays. That's a huge issue for us. In the light blue is the tower and that
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CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 15, 2025
is a very, very small version of beds around the outside. Those are individual beds per room.
Now we have a series of rooms that have two beds in them, and that's not modern healthcare.
HIPAA (Health Insurance Portability and Accountability Act) and other regulations are more
attuned to one person in the room so that your doctor can talk to you and that information isn't
transferred to any other people. And it's a much better way to care for the hospital. The yellow
piece at the far right is what we call the elevator tower and the stair that Mike referred to, and the
blue is the same bed tower on the fourth floor all the way up to the tenth floor. The entrance off
South State Street and the entrance off Governors Avenue, all those things won’t change; we will
do the same thing. Everything to the left is white is what we call the legacy buildings that are 40-
50 years and even older than that.
Next is the engineering documents in your packet that we submitted with the two variances. On
the left is the height variance, and on the right is the building restriction line projection. And if
you blow it up a little bit further, you can see as we focus is the tower itself. In red is the tower
and that little sliver of red along South State Street is the area that we are proposing that we need
to project into the building restriction line, and it is about 3 feet at the bottom side of the shape.
This is request number one; excuse me, we have two. If we go to the next slide, we are going
address both of them. I want to make sure that you understand exactly where they are located and
what they're doing before we make the request. The height variance is 150 to175 feet. The
current Code states 150 as Dawn told you, and we need to be at 175. The ten-story tower was
approved in 2006, and we were going to be ten stories, and we were going be 150 feet. We had
not finished that; we built four stories. I do want to point out that the 150 does not include what
we call the penthouse equipment on top of the roof. If we could build more than 20% of the roof
area on top of this pavilion, we would not have to seek this request. It's not that we need more
than ten stories; we are meeting the Code. It is that we have so much equipment on the building
that makes our penthouse wider than the Code allows. Four of the ten stories are already
constructed, and if you go to the next slide, you will see a building that is ten stories. This is
actually a hotel. Notice that the total height of this building is 120. Almost all other buildings can
be built at ten stories at a 150 feet with exception of a hospital and that is the clear space that we
are going to go through. This building is actually being built at 120 feet. It has average floor
height of 12 feet. Our averages are greater than 15 feet. So, at greater than 15 feet, ten stories,
automatically you are over 150. We have the issue, which is why we are here.
This is actually a section looking from South State Street. You can see the hospital entrance that
was built in 2010 on the existing podium. We call it that because the sixth bed tower floors are
going to come above it. And that is what you see in white. And that's the purpose of today's
conversation and request. Notice at the far-right side, you can see the clear spaces from floor to
floor. All of them are 15 feet and four of them are 17 feet and two are 18 feet. And we'll talk
about that and why that is. And that is really the reason why we are here. But what I want you to
get from this slide is on the very top, you see the 18 feet which is the penthouse. That penthouse,
we are going to cover up completely with our building to make it look better. We are actually
going to cover our equipment which is heating, ventilation and air conditioning, air exchanges,
etc. It will cover a large amount of our roof that we are going to cover with screening so that it
looks like a building. And it will be more aesthetic, and you saw that on our first slide.
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This is a section through a room. Notice on the right, the tenth floor is 18 feet tall, but look
what's above it. There's almost 10 feet of structure. And then there is almost 5 feet of mechanical
space to allow gases, heating, ventilation and air exchanges. All of these things that are more
demanding in the hospital and require extra space. And that's why we're here today. Our structure
needs to be stronger; we need to be able to withstand every kind of condition that we're going to
get. And we can't have vibrations in our hospital. We have to be stable, and that's different than
most buildings. If you're in a hotel, sometimes you can hear things on the sides, below, and
above you. Here we cannot have that. We have to have a better structure and deeper. On the left
is our typical room at 15 feet. There are Codes that actually require us to be in that realm; so, it's
not just our request, it is actually Code driven. Many of our floors are 15 feet. So, the fact that we
have more than four stories that are 17 to 18 feet is the reason we are here today. Next slide. This
is the section from South State Street. You can see the bed tower above the podium in the top,
right above the 17-foot section on the 5th floor, and then you can see the pipes coming down
from the very top, which is the mezzanine and that mezzanine is 18 feet. So, all of that gets us to
the 175. Just another section showing the actual room, very similar to the section that I showed
you earlier.
Variance request number two is the exit stair and the elevator that is going to be projected out on
the side of the building next to South State Street. It is about 3 feet at its minimum and about 8
feet at its maximum. It covers about 400 square feet. So, it's not that much of a projection, but it
is essential to this building. It is essential because of the ingress and egress and fire and other
conditions in case we have to evacuate the building, But it’s mostly for our fire protection folks
who are going to have to go in and get out of the building. The yellow shows that exact structure
that is only for two purposes: the elevator and the stairs. It is going to be located at the other end
of the building; the current stairs are located over by the main entrance on the far left of that
building. And it is basically developing the existing bridge which already projects into the
building restriction line. And as a result of that, we think that will make it easy to understand
and it's not a big impact. Notice on the top those three red dots and the gray. That is the
equipment on top of the roof that will provide all the heat, ventilating, and gas materials and
exchanges, and it all will go down. Part of that is why we have to have so much structure and
part of that is air exchange and infectious disease removal, etc. Next slide, this is a photograph
from the Governors Avenue side of the existing bridge. We got approval of that bridge to project
into the building restriction line back in 2006 and that structure there is actually supporting it.
Our elevator and stair addition will run right into that and basically go straight up ten stories (the
four stories that are currently there and the six stories that are not there yet). So visually, it's not a
huge impact because this is already there. From South State Street, it’s the same. We will not go
to the sidewalk. There will be a gap between the sidewalk and this structure. It will look very
usual to be able to see continuously down; we will not visually change the sidewalk at all. But
that bridge is actually there, and it provides a connection to what we call our central utilities
building over on the other property. This is where we bring materials to the hospital. Those
materials come across the bridge, and we need this elevator to get those materials up vertically
into the hundreds of new rooms officially and safer.
On this slide is the variance criteria; and Dawn referenced that as the information was included
in your packet. There are four distinct criteria that we must demonstrate to you, so that we can
request the variance. And hopefully we've done that. We'll go through each one individually. The
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CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 15, 2025
first one is the nature of the zone. Dawn was very good in her Report as she always is of it being
very clear that the I/O Zoning allows us to do this. We've been there since 1927. The community
is aware. The hospital is in a great spot with the two gateways coming into the City. Everybody
knows where we are. We've operated for a long time, and we've been a good neighbor to our
neighbors. It's a very appropriate zone for a hospital because of all those things.
The next criteria is the character of the immediate vicinity. We're going look at a graphic here
that's not in your packet. You can see in the center of this graphic, the Bayhealth insignia that's
the old building, and the tower is shown graphically just as all the other slides are, the ten-story
tower, and all of the blue Bayhealth with the insignia is property that Bayhealth owns in support
of the facility itself. And those properties across from Governors Avenue are C-3 commercial.
They've been there for decades. We have been coexisting with those commercial properties for
decades. They're very aware of what we're doing. They're aware that we have proposal for ten
stories, as is Holy Cross on the I/O zone to the opposite side of South State Street. And there is
also an RGO Zone which is yellow there with that logo and there is a doctor's office there.
Certainly, that doctor’s office wants to be near the hospital because it is very effective for their
care and they can then get in and out of the hospital easily. So, we don't believe there's a big
impact because of our length of stay and the nature of the users that surround us.
Item three is similar, if we remove this projection and go above 150, what impact are we going to
have on our neighbors and will we affect them? If you go to the next slide, we don't think we
will. This is the exact same slide. You can see our tower, which is where these variances are. It's
in the center of our largest piece of property and the surrounds are almost all Bayhealth and
support services for the hospital, parking, buildings, offices, etc. The closest building, which
would be the C-3 commercial, is about 325 feet or almost a block from our tower projection
above the 150 feet and the elevator stair that we are asking for. So, we believe that we are very
compatible with our neighbors and that this has a minimal impact on them. Partly because we
have been there so long and partly because it's already been approved. They know it and partly
because of power the tower positioning.
Item four is actually the legal standard of “Exceptional Practical Difficulty” and we have many.
I'll go through them.Without the variance, we continue with wayfinding issues, distance
problems, spread out multiple areas of bed care and different bed care. That is bad because the
rooms in the old part of the hospital are different than the new rooms. They're not as modern.
They don't have some of the code requirements, and we can't upgrade them. Mike told you that.
The big reason that we are here is equipment. We have lots of equipment. We have lots of
mechanical. We have to have a complete dual backup system, and we have heavy equipment, not
only on the roof for the heating ventilation but inside the hospital, whether it's robotic equipment,
whether it's imaging equipment or anything. We have a greater demand for a structure which
pushes our height up.
We talked about the wayfinding challenges in terms of getting around the hospital. This will
make it easier. Our community will be better served. The additional stairwell is essential for
emergencies and there's nothing more important than handling an emergency to the hospital
because that is where the people who need care the most and cannot move and cannot get
around. We need to be able to get them out and that stairwell and that elevator tower allows that
to happen more quickly for emergency evacuation. So, Mike talked about the Codes. This
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CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 15, 2025
building has Codes that address everything inside of it from vertical height. Notice the first one
is new. Many of these Codes have been updated and require us to be higher since 2006. When
COVID came earlier this decade, believe it or not, five years ago, the Codes were changed
because of infectious disease. Everybody had masks. So, we now have to exchange air in and out
of our facility at a higher rate so that is less of an issue inside the hospital because you're more
susceptible to viruses when you're around other folks who are sick. So that requires us to put in
more equipment, more air exchanges, more pipes requiring those structures above the rooms and
below the rooms to be deeper. We have issues with the Energy Code; we have to have heat
exchange. For Building codes in terms of structure, we have a 3-hour rating condition between
floors. Most buildings are 2 hours. That 3-hour requires that structure to be deeper so that fire
cannot penetrate up or down through those areas. Elevator and stair are for safety and Fire
Codes; we talked about that. The big one here is the FGI regulations only to hospitals. They have
just recently increased in 2021 the height required inside of a hospital room, and that is because
of the patient lift that you see on the ceiling above the bed has had to move up because people
were hitting some of that with their heads if they were tall. The COVID then said move that up,
which is why our 15 foot is essential to us. And every single room has that mechanism in it just
in case the patient needs to be moved. Lastly, there are the penthouse regulations. The City of
Dover allows a penthouse on any building, but it only allows it to be 20% of the roof. And if it's
more than 20% of the roof, it is considered part of the height, which is why we have our 175 feet
request. We have to involve almost the entire roof because of all the demands of these Codes and
air exchanges, etc. And in 2021, the City moved into 20-foot for the other projections of the
building that would be above the roof like elevators. That limits the space that we can use for
heating them. So, my point is, is that after 2006, there's been many code changes that have made
height more of an issue to us that weren't there in 2006, and we think that's an Exceptional
Practical Difficulty for us.
So it’s maximizing our vertical for beds efficiency, we talked about that. If we can't do that, that
is an Exceptional Practical Difficulty not only to the hospital but its workers but also to our
community. And we think it's essential for modern health care, and you see that in most places.
You see that in Milford. The Milford facility was built to that standard, and it operates much
more efficiently. We are trying to match that here in Dover. Staying in operation all the time,
that's essential. We cannot be out of service for any function. As a result of that, it's an
Exceptional Practical Difficulty where we can build this tower. And since we have already built
the podium, we need to be able to maximize the building above it. You may not know this, but
the fourth floor that is below that proposed 6-story tower is what we call shell space. We
designed it, we built it, and we left the shell so that we could go up six stories. That way we don't
bother anybody on the first three stories. We will not take those first three floors out of the
commission. We cannot do that. But that middle floor allows us to build on top of it and if we
cannot do that, we have to go somewhere else and it completely changes our care.
I talked about the podium already being there. We had graphics showing that if you have any
questions about that one, once I conclude you can certainly ask any questions. We cannot do it
elsewhere. We do not want multiple towers. We want one tower for ease of use, and we think it's
an Exceptional Practical Difficulty if we would have to do it elsewhere and keep it below the 150
feet. As I have mentioned, Dawn will confirm that the City does allow ability to be above 150 for
mechanical equipment on top of the roof, that is permitted and normal. It's not counted in the
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Item 2.
CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 15, 2025
150, but Dawn would be the person that would make sure that you build all that equipment
properly when you put it in the 20%. We already know we cannot do that. As a result, 18 feet of
our request is to allow our equipment to be more than 20%. It is Exceptional Practical Difficulty
because we must have that equipment by Code. With that I will turn it over for any questions.
This is the exact same image that you saw below. The glass band is the building that is there and
you are looking at the entrance which will remain. We want to maximize that, so people
understand what the entrance of the facility is and continue using our hospital as they started
before we finish this tower. So, with that I will answer any questions.
Acting Chairman Coburn asked the Board if they had any questions.
Are there any questions from the Board of Adjustment members?
Mr. Senato was curious regarding the property on South State Street where the lab is located. He
wanted to know if it would be staying there or going around. What are you doing with that?
Mr. Moore asked what do you mean when you say on South State Street?
Mr. Senato mentioned where the entrance is located, the lower entrance on the ground across
from the parking lot between South State Street and Governors Avenue where people go in that
area there. Is there still going to be an entrance on the ground level or is that going to be
eliminated and that area is going to be moved?
Mr. Moore stated that the parking will stay as is. The Emergency Department will stay on the
Governors Avenue side and the entrance to the facility will stay as it is. We are, as part of this
Application actually making improvements and heightening the levels of the Emergency
Department for the reasons I said because we are slow there and we need to improve. We are
doing a Master Plan and we are going to be back before the City. We're not done with that yet.
We know that Phase I is essential to get us started. Our Master Plan will be presented to the City
Staff probably December or January. We're working on that as we speak, but we are certain that
our ten stories have to be able to be achieved which is why we're here now before we present the
Master Plan. You may have seen some visions of that in the paper. And at the time we made this
submission, we had not completed our work enough to actually include it here. And in addition
to that, we have many properties and we wanted to focus on the ten stories so that it was very
clear what we were asking for in this request. On Monday, I will appear before the Planning
Commission for a Rezoning. I did not point out the one RGO piece of property which does
allow for doctor and medical offices. We are going to request that for the I/O Zone so that our
entire property is all zoned the same. That is pending as well.
Mr. Senato said thank you sir.
Acting Chairman Coburn asked the Board if they had any additional questions.
Mr. John Pardee, Attorney with the law firm of Brockstedt Mandalas Federico, LLC, here in
Dover, Delaware and Counsel for the hospital. I just wanted to make for the record a brief
statement about the legal standard, and you've heard Mr. Moore say “Exceptional Practical
Difficulty.” That is in fact the standard; I'm sure this Board is familiar with that. It was first
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Item 2.
CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 15, 2025
defined by the Delaware Supreme Court in 1978 in a case called Board of Adjustment of
Newcastle County versus Kwik-Check Realty. The Delaware Supreme Court says that the
“Exceptional Practical Difficulty” is present where the harm to the applicant is if the variance is
denied will be greater than the probable effect on neighboring properties if the variance is
granted. So, it is literally a balancing test. You look at what is the harm to the applicant if you
deny the request of the variance which Mr. Moore did a nice job of explaining that it would be
pretty severe here. The hospital would not be able to deliver the quality of care that it needs to
for its community. So it's really an “Exceptional Practical Difficulty,” not just for the hospital,
but for the future healthcare needs of the community. Versus on the other side, what is the
probable effect to neighboring properties if you grant the variances.
Mr. Moore also made a nice record of the fact that impact will be minimal if any, because we
own most of the properties around the proposed tower. And the businesses on Governors Avenue
and the church across South State Street has coexisted with the hospital for decades and it's my
understanding that they have no objection and are actually supported. As Mr. Moore outlined,
this ten-story tower was originally proposed and approved back in 2006, so it's not a secret that
this was coming. In that event, the point is simply we need to satisfy the legal standard, and we
thank you for your consideration.
Acting Chairman Coburn opened the public hearing.
Acting Chairman Coburn asked if there was anyone who would like to speak against the
Variance Application. There was none.
Mrs. Melson-Williams noted that there were no other attendees that have joined us virtually for
the meeting. I am not seeing anyone in the audience raise their hand to speak against the
application.
Acting Chairman Coburn asked if there was anyone in the audience or online who would like to
speak in favor of the Variance Application.
Mr. Zach Prebula, Director of Operations at Kent Economic Business Partnership, was sworn in
by City Solicitor Mr. Griffith.
We are the Economic Development Organization for Kent County. So, we focus on business
attraction but also supporting businesses through their expansion progress as well. This is a great
example of a local company looking to do just that and expand their health care service to
support the needs of a growing population in Kent County. This here is a great demonstration of
one of our largest employers looking to support this community and confirm their commitment
to this area by increasing new services. And for those reasons, we ask you to please approve
these variances. Thank you.
Mrs. Melson-Williams stated that there are no other participants online or members of the public
wishing to participate in today's public hearing and I'm not seeing any other members of the
public raise their hands.
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Item 2.
CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 15, 2025
Acting Chairman Coburn asked if there was any additional correspondence received for this
Application? Mrs. Melson-Williams noted that there was no written correspondence received
regarding this application.
Acting Chairman Coburn closed the public hearing after seeing no one else wishing to speak.
Acting Chairman Coburn asked the Board if they had any questions. There was none.
Mr. Senato made a motion for Variance Request #1, Variance Application V-25-05 be granted to
increase the allowable height from 150 feet to 175 feet for a new 10-story hospital bed tower.
And Variance Request #2 for a reduction of the minimum 10-foot front yard setback to allow for
building encroachment of the Bed Tower Elevators and Stairs adjacent to South State Street.
There will be hardship if these two requests were not permitted due to the extent of the hospital
and what they do for the community. The motion was seconded by Mr. Swalm.
Acting Chairman Coburn asked the Board if they had any additional questions. There was none.
Roll Call Vote
• Mr. Wagner – yes, one of the things that concerned me was fire safety/patients. I have to
compliment both Staff and Bayhealth for addressing those fully.
• Mr. Swalm – yes, my reasons are that the nature of the zone in which the property lies is
consistent. The characteristics are also consistent in the immediate vicinity. It’s all health
care. And I also do believe if the restriction weren't removed, it would prevent and be an
Exceptional Practical Difficulty to the hospital in providing the health care that they need
to provide for the region.
• Ms. Brinkley – yes, to approve variance request number one and number two, because
Bayhealth has been a long-standing organization in our community. They've been around
for a long time with the safety and health of our community. I believe that it would be a
wonderful addition and we've already started it, so let's complete this wonderful project.
• Mr. Senato – yes, I made the motion to approve because the presenter definitely based on
the information shown and heard that there would definitely be a hardship with and it
would not allow the expansion of the programs or the height for the tower. And we
definitely know that they do a great service and following the Board of Adjustment Code
Section 2.11 and I believe 2.12, they definitely proved a hardship.
• Mr. Coburn - yes, I vote for the approved variances. Without the variances it would create
a hardship for the hospital and they would not be able to do the expansion and the
expansion will definitely serve the community.
There are five members in favor of the motion, and no one opposed to approve the Variances is
successful. Vote 5-0.
Public Comments Opportunity
Mrs. Melson-Williams stated that there were no additional members of the public that have
joined us online or any members of the public wishing to speak.
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Item 2.
CITY OF DOVER BOARD OF ADJUSTMENT __ OCTOBER 15, 2025
Mr. Senato apologized for technical difficulties at the beginning of the meeting. He thanked
everyone for their patience.
Mr. Swalm made a motion to adjourn the meeting. It was seconded by Mr. Wagner and
unanimously carried 5-0.
The meeting was adjourned at 10:16 A.M.
Sincerely,
Maretta Savage-Purnell/km
Secretary/Acting Secretary
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Item 2.
Resolution
Whereas, Mr. Kishor “KC” Sheth became an appointed member of the City of
Dover Board of Adjustment on July 27, 1992 and has served with diligence and
distinction in this capacity to ensure that the spirit of the City’s Zoning Ordinance
is observed and substantial justice is done; and,
Whereas, Mr. Kishor “KC” Sheth has played a role in ensuring fundamental
fairness and careful forethought in the interpretation of the Zoning Ordinance to
ensure undue hardship and exceptional practical difficulties are mitigated by the
granting of variances through his service on the Board of Adjustment; and,
Whereas, Mr. Kishor “KC” Sheth in reviewing and deliberating on variance
applications considered a property’s zoning classification, character of the area,
effects on neighboring properties and uses, and the creation of exceptional
practical difficulties for property owners seeking to make normal improvements to
their properties; and,
Whereas, Mr. Kishor “KC” Sheth served as the Chairman of the Board of
Adjustment leading each meeting’s proceedings in the consideration of
applications and sharing his knowledge of previous applications acted upon; and,
Whereas, Mr. Kishor “KC” Sheth completed his term of service on the City of
Dover Board of Adjustment in August 2025.
Now Therefore Be It Resolved That, the City of Dover Board of Adjustment does
hereby express its sincere appreciation to Mr. Kishor “KC” Sheth for his faithful
and diligent service to the Citizens of the City of Dover as an active member of the
City of Dover Board of Adjustment and extends it best wishes to Mr. Kishor “KC”
Sheth in future endeavors.
_________________________ _________________________
Richard Senato Sharon Duca
Board of Adjustment Vice-Chair Assistant City Manager
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Item 3.
2026 City of Dover, Delaware
BOARD OF ADJUSTMENT
Here is the Schedule of the Application Deadlines and Board of Adjustment
Meeting dates for the year 2026. The submittal procedures for the Board of Adjustment are
outlined in Zoning Ordinance, Article 9, Section 3. Prior to an Application submission, a Pre-
Application Meeting with Planning Staff is required. The Board of Adjustment Meetings are
typically scheduled for 9:00AM start time and held at City Hall in Council Chambers.
MONTH DEADLINE DATE MEETING DATE
JANUARY 12/12/2025 01/21/2026
FEBRUARY 01/16/2026 02/18/2026
MARCH 02/13/2026 03/18/2026
APRIL 03/13/2026 04/15/2026
MAY 04/17/2026 05/20/2026
JUNE 05/15/2026 06/17/2026
JULY 06/12/2026 07/15/2026
AUGUST 07/17/2026 08/19/2026
SEPTEMBER 08/14/2026 09/16/2026
OCTOBER 09/11/2026 10/21/2026
NOVEMBER 10/16/2026 11/18/2026
DECEMBER 11/13/2026 12/16/2026
JANUARY 12/18/2026 01/20/2027
For Information Contact: City of Dover
Department of Planning & Inspections
City Hall at 15 Loockerman Plaza, P.O. Box 475 Dover, DE 19903
(302) 736-7196 Planning Office Phone
(302) 736-4217 Fax
www.cityofdover.gov Email: compplan@dover.de.us
DRAFT 12.8.2025 20
Página 21
Item 4.
PART II - CODE OF ORDINANCES
APPENDIX B - ZONING
ARTICLE 9. BOARD OF ADJUSTMENT
ARTICLE 9. BOARD OF ADJUSTMENT
Section 1. Creation, appointment and organization.
There shall be a board of adjustment pursuant to the provisions of chapter 3 of title 22, Municipalities, of the
Delaware Code Annotated (22 Del. C. § 301 et seq.).
Section 2. Powers and duties.
The board of adjustment shall have the powers and duties as specified in Delaware Code Annotated (22 Del.
C. § 301 et seq.) and as articulated below:
2.1 Variance. The board shall have the authority to authorize variances from provisions of the zoning
ordinance that are not contrary to public interest where the board determines that a literal
interpretation of the zoning ordinance would result in undue hardship or exceptional practical
difficulties to the applicant. In granting variances, the board shall determine that the spirit of the
zoning ordinance is observed and substantial justice done.
2.11 Area variance. A variance shall be considered an area variance if it relates to bulk standards,
signage regulations, and other provisions of the zoning ordinance that address lot layout, buffers,
and dimensions. In considering a request for an area variance, the board shall evaluate the
following criteria and document them in their findings of fact:
(a) The nature of the zone in which the property lies;
(b) The character of the immediate vicinity and the contained uses therein;
(c) Whether, if the restriction upon the applicant's property were removed, such removal
would seriously affect neighboring properties and uses; and
(d) Whether, if the restriction is not removed, the restriction would create unnecessary
hardship or exceptional practical difficulty for the owner in his efforts to make normal
improvements in the character of that use of the property that is a permitted use under
the provisions of the zoning ordinance.
2.12 Use variance. A variance shall be considered a use variance if it would permit a use of the subject
property that would otherwise not be permitted on the subject property. In considering a
request for a use variance, the board shall determine that the following criteria exist and
document them in their findings of fact:
(a) That there are physical conditions applying to the land or building for which the variance is
sought, which conditions are peculiar to such land or building, and have not resulted from
any act of the applicant or any predecessor in title; and
(b) That the aforesaid circumstances or conditions are such that the strict application of the
provisions of this ordinance would deprive the applicant of all reasonable use of such land
or building and the granting of the variance is necessary for the reasonable use of the land
or building, and that the variance as granted by the board is the minimum variance that will
accomplish this purpose; and
Dover, Delaware, Code of Ordinances Created: 2025-07-16 11:39:48 [EST]
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Item 4.
(c) That the granting of the variance under such conditions as the board may deem necessary
or desirable to apply thereto will be in harmony with the general purpose and intent of this
ordinance, will not represent a radical departure therefrom, will not be injurious to the
neighborhood, will not change the character thereof and will not be otherwise detrimental
to the public welfare.
2.2 Appeal of administrative order, requirement, decision, or determination. The board shall have the
authority to hear and decide appeals where it is alleged there is any order, requirement, decision or
determination made by an administrative official in the enforcement of the zoning ordinance. Appeals
to the board may be made by any person aggrieved or by any officer, department, board or bureau of
the municipality affected by any decision of an administrative officer.
Section 3. Procedure.
The powers and duties of the board of adjustment shall be exercised in accordance with the following
procedure:
3.1 The board of adjustment shall not decide upon any appeal or variance without first holding a public
hearing, notice of which hearing and of the substance of the appeal or application shall be given by
publication in the official newspaper of the city at least ten days before the date of such hearing. In
addition to such published notice, the board of adjustment shall cause notice to be given of the
substance of every appeal for a variance, together with notice of the hearing thereon, by causing
notices thereof to be mailed by postal card or other means at least ten days before the date of said
hearing to the owners of all property abutting that held by the applicant in the immediate area
(whether or not involved in such appeal) and all other owners within 200 feet, or such additional
distance as the board of adjustment may deem advisable, from the exterior boundaries of the land
involved in such appeal, as the names of said owners appear on the last completed assessment roll of
the city. Any or all of the notices required by this subsection shall be issued by the office of the city
planner on order of the board of adjustment or upon order of the chairperson of said board if the
appeal is received when the board is not in session and the chairperson deems it necessary or desirable
to expedite the public hearing on such appeal. Provided that due notice shall have been published as
above provided and that there shall have been substantial compliance with the remaining provisions of
the subsection, the failure to give notice in exact conformance herewith shall not be deemed to
invalidate action taken by the board of adjustment in connection with the granting of any appeal or
variance.
3.2 If the land involved in an appeal or application lies within 500 feet of the boundary of any other
incorporated municipality, the city planner shall also transmit to the municipal clerk of such other
municipality a copy of the official notice of the public hearing thereon not later than the day after such
notice appears in the official newspaper of the city.
3.3 Unless work is commenced and diligently prosecuted within one year of the date of the granting of a
variance, such variance shall become null and void.
3.4 All variance applications and appeals made to the board of adjustment shall be in writing, on forms
prescribed by the board. All variance requests and appeals from an order, requirement, decision or
determination made by an administrative official, board or agency of the city shall be accompanied by
a fee as provided for in Appendix F—Fees and Fines. The board of adjustment may, in its discretion,
return to the applicant part or all of the fee paid by him in the event that his appeal under section 2.2
Appeal of administrative order, requirement, decision, or determination hereof is partially or wholly
successful. The fees filed in connection with applications under section 2.1 Variance shall not be
returnable, regardless of disposition of the case by the board.
Created: 2025-07-16 11:39:48 [EST]
(Supp. No. 42)
Page 2 of 3
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Item 4.
3.5 Each variance application or appeal shall fully set forth the circumstances of the case. Every variance
application or appeal shall refer to the specific provision of the ordinance involved, and shall exactly set
forth, as the case may be, the interpretation that is claimed, the details of the variance that is applied
for and the grounds on which it is claimed that the same should be granted.
3.6 Every decision of the board of adjustment shall be recorded in accordance with standard forms adopted
by the board, and shall fully set forth the circumstances of the case and shall contain a full record of
the findings on which the decision is based. Every decision of the board shall be filed by case number,
together with all documents pertaining thereto.
3.7 All the provisions of this ordinance relating to the board of adjustment shall be strictly construed. The
board, as a body of limited jurisdiction, shall act in full conformity with all provisions of law and of this
ordinance and in strict compliance with all limitations contained therein; provided, however, that if the
procedural requirements set forth in this section have been substantially observed, no applicant or
appellant shall be deprived of the right of application or appeal.
3.8 Whenever the board of adjustment denies an application for variance, such application for variance, or
an application on the same property which is substantially similar, shall not be accepted for
reconsideration by the board of adjustment sooner than one year from the date of denial.
(Ord. of 7-12-1982, § 4; Ord. of 6-24-1991; Ord. of 7-12-2004(2) ; Ord. of 4-28-2008(2); Ord. No. 2009-09, 6-22-
2009; Ord. No. 2010-18, 8-9-2010)
Created: 2025-07-16 11:39:48 [EST]
(Supp. No. 42)
Page 3 of 3
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Legislative Council,
General Assembly
State of Delaware Item 4.
Title 22
Municipalities
NOTICE: The Delaware Code appearing on this site is prepared by the Delaware Code Revisors and the
editorial staff of LexisNexis in cooperation with the Division of Legislative Services of the General
Assembly, and is considered an official version of the State of Delaware statutory code. This version
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Title 22 - Municipalities
Item 4.
Subchapter II
Boards of Adjustment
§ 321 Creation and powers.
---The legislative body of cities or incorporated towns shall provide for the appointment of a board to be known as the board of adjustment
and in the rules and regulations adopted pursuant to the authority of this chapter shall provide that the board may, in appropriate cases and
subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general purpose
and intent and in accordance with general or specific rules therein contained.
(39 Del. Laws, c. 22, § 8; Code 1935, § 6234; 22 Del. C. 1953, § 321.)
§ 322 Composition; terms of office.
---(a) In cities or incorporated towns not having heretofore adopted a home rule charter pursuant to Chapter 8 of this title, the board of
adjustment shall consist of all of the following members or their authorized agents:
---(1) The chief engineer of the street and sewer department, the public works commissioner, or the city manager.
---(2) The city solicitor.
---(3) The mayor.
---If the city or incorporated town has no city engineer or public works commissioner, or city solicitor, then the mayor or chief executive of
such city or town shall appoint 2 members, each to be appointed for a term of 3 years and removable for cause by the appointing authority
upon written charges and after public hearing, who, with the presiding officer of the zoning commission, shall constitute the board of
adjustment for such city or town. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
---(b) In cities or incorporated towns having heretofore or hereafter adopted a home rule charter pursuant to Chapter 8 of this title, the
legislative body thereof may establish a board of adjustment consisting of 5 members who shall be residents of the city or incorporated
town and who shall have knowledge of and experience in the problems of urban or suburban or rural development, and who, at the time of
appointment, shall not be candidates-elect for or incumbents of an elective public office. The mayor or chief executive officer of such city
or incorporated town, with consent of the legislative body thereof, shall appoint 4 members for terms of 4 years, provided that the terms of
the original members shall be established in a manner that 1 shall expire each year. The mayor or chief executive officer of such city or
incorporated town, with the consent of the legislative body thereof, shall appoint 1 member who shall be chairperson and who shall serve at
the pleasure of that appointing official. The members shall be entitled to compensation as determined by the city or incorporated town.
---(c) In the event that a city or incorporated town qualifying under subsection (b) of this section fails to establish a board of adjustment as
permitted in subsection (b) of this section, the board of adjustment shall consist of those persons designated in subsection (a) of this
section.
---(d) (1) Anything heretofore in this section to the contrary notwithstanding, any city or town, by its legislative body, may establish a
board of adjustment consisting of not less than 3 nor more than 5 members who shall be residents of the city or town and who shall have
knowledge of the problems of urban or suburban or rural development and who, at the time of appointment and throughout the term of
office, shall not be candidates nor members of the legislative body nor employees of the city or town. The mayor or chief executive officer
of such city or town shall appoint such members of the board of adjustment, and all such appointments shall be confirmed by a majority
vote of the elected members of the legislative body.
---(2) All appointments shall be for a period of 3 years, provided that the terms of the original members shall be established in such a
manner that the term of at least 1 member shall expire each year and the successor shall be appointed for a term of 3 years. The board of
adjustment so selected shall elect from among their own number a chairperson and a secretary.
---(3) Any member of the board of adjustment may be removed from office by the legislative body for cause after a hearing by a
majority vote of all the elected members of the legislative body of such city or town. A vacancy occurring otherwise than by the
expiration of term shall be filled for the remainder of the unexpired term in the same manner as an original appointment.
(39 Del. Laws, c. 22, § 8; Code 1935, § 6234; 22 Del. C. 1953, § 322; 57 Del. Laws, c. 717; 58 Del. Laws, c. 276; 59 Del. Laws, c. 137,
§ 1; 64 Del. Laws, c. 284, § 1; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 211, § 1; 81 Del. Laws, c. 218, § 1.)
§ 323 Rules; meetings; administration of oaths; records.
---The board of adjustment shall adopt rules in accordance with any ordinance adopted pursuant to this chapter. Meetings of the board shall
be held at the call of the chairperson and at such other times as the board may determine. Such chairperson, or in the chairperson’s absence,
the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.
The board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote,
indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the
office of the board and shall be a public record.
(39 Del. Laws, c. 22, § 8; Code 1935, § 6234; 22 Del. C. 1953, § 323; 70 Del. Laws, c. 186, § 1.)
§ 324 Appeals to board.
---Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the
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Title 22 - Municipalities
Item 4.
municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time as provided by the
rules of the board by filing with the officer from whom the appeal is taken and with the board a notice of appeal specifying the grounds
thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which
the action appealed from was taken.
(39 Del. Laws, c. 22, § 8; Code 1935, § 6234; 22 Del. C. 1953, § 324.)
§ 325 Stay of proceedings.
---An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to
the board of adjustment after the notice of appeal has been filed with the officer that, by reason of facts stated in the certificate, a stay
would in the officer’s opinion cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the board or by a court having jurisdiction on application on notice to the officer from whom the
appeal is taken and on due cause shown.
(39 Del. Laws, c. 22, § 8; Code 1935, § 6234; 22 Del. C. 1953, § 325; 70 Del. Laws, c. 186, § 1.)
§ 326 Notice and hearing on appeal.
---The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the
parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person, by agent or by attorney.
(39 Del. Laws, c. 22, § 8; Code 1935, § 6234; 22 Del. C. 1953, § 326.)
§ 327 Determinations of board.
---(a) The board of adjustment may:
---(1) Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an
administrative official in the enforcement of this chapter or of any ordinance adopted pursuant thereto;
---(2) Hear and decide special exceptions to the terms of the ordinance upon which the board is required to pass under such ordinance;
---(3) Authorize, in specific cases, such variance from any zoning ordinance, code or regulation that will not be contrary to the public
interest, where, owing to special conditions or exceptional situations, a literal interpretation of any zoning ordinances, code or regulation
will result in unnecessary hardship or exceptional practical difficulties to the owner of property so that the spirit of the ordinance, code
or regulation shall be observed and substantial justice done, provided such relief may be granted without substantial detriment to the
public good and without substantially impairing the intent and purpose of any zoning ordinance, code, regulation or map; provided,
however, that notwithstanding any provision of law to the contrary, the legislative body of any city or incorporated town may, by
ordinance, vest a designated town official or department with authority to administratively grant a dimensional variance for existing
conditions that do not exceed 1 foot of the required dimension restrictions without the application being considered by the board of
adjustment, subject to the standards, procedures and conditions set forth in the ordinance granting such authority.
---(b) In exercising the powers provided in subsection (a) of this section the board may, in conformity with this chapter, reverse or affirm,
wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement,
decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
(39 Del. Laws, c. 22, § 8; Code 1935, § 6234; 22 Del. C. 1953, § 327; 65 Del. Laws, c. 61, § 1; 76 Del. Laws, c. 371, § 1.)
§ 328 Appeal to Superior Court from board’s decision.
---(a) Any person or persons, jointly or severally aggrieved by any decision of the board of adjustment, or any taxpayer or any officer,
department, board or bureau of the municipality may present to the Superior Court a petition, duly verified, setting forth that such decision
is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within 30 days after the
filing of the decision in the office of the board.
---(b) Upon the presentation of the petition, the Court may allow a writ of certiorari directed to the board to review such decision of the
board and shall prescribe therein the time within which a return thereto must be made and served upon the relator’s attorney, which shall
not be less than 10 days and may be extended by the Court. The allowance of the writ shall not stay proceedings upon the decision
appealed from, but the Court may, on application, on notice to the board and on due cause shown, grant a restraining order.
---(c) The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
(39 Del. Laws, c. 22, § 8; Code 1935, § 6234; 22 Del. C. 1953, § 328.)
§ 329 Priority of proceedings.
---All issues in any proceeding under this subchapter shall have preference over all other civil actions and proceedings.
(39 Del. Laws, c. 22, § 8; Code 1935, § 6234; 22 Del. C. 1953, § 329.)
§ 330 Hearing on appeal.
---If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence
or appoint a referee to take such evidence as it may direct and report the same to the court with findings of fact and conclusions of law,
which shall constitute a part of the proceedings upon which the determination of the court shall be made.
(39 Del. Laws, c. 22, § 8; Code 1935, § 6234; 22 Del. C. 1953, § 330; 70 Del. Laws, c. 186, § 1.)
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Title 22 - Municipalities
Item 4.
§ 331 Record on appeal.
---The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or
sworn copies thereof or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as
may be pertinent and material to show the grounds of the decision appealed from and shall be verified. The cost of a transcript of the
hearing appealed from is the responsibility of the person appealing the decision, unless the cost is awarded against the board as provided in
§ 332 of this title.
(39 Del. Laws, c. 22, § 8; Code 1935, § 6234; 22 Del. C. 1953, § 331; 73 Del. Laws, c. 38, § 1.)
§ 332 Costs on appeal.
---Costs shall not be allowed against the board of adjustment, unless it appears to the Court that it acted with gross negligence, in bad faith
or with malice in making the decision appealed from. For purposes of this section, the word “costs” includes all fees paid or owed to the
Prothonotary’s Office in connection with the appeal to the Superior Court and all documented out-of-pocket expenses incurred by the
board of adjustment in preparing, filing and serving sufficient copies of the record of the proceedings appealed from, including but not
limited to expenses for photocopying, copying and/or duplication of survey drawings or plots, audio tape recordings, video tape recordings,
computer discs, and expenses for preparing the transcript of the hearing.
(39 Del. Laws, c. 22, § 8; Code 1935, § 6234; 22 Del. C. 1953, § 332; 73 Del. Laws, c. 38, § 2.)
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Item 4.
RULES OF PROCEDURE OF THE BOARD OF ADJUSTMENT
OF CITY OF DOVER, DELAWARE
These rules shall govern the procedure of the Board of Adjustment of the City of
Dover, Delaware.
Definitions
"Agenda" includes but is not limited to a general statement of the major issues
expected to be discussed at a public meeting, as well as a statement of intent to hold
an executive session and the specific ground or grounds therefor.
"City" means the City of Dover, Delaware, unless otherwise specified.
"Board of Adjustment" or "Board" means the Board of Adjustment of the City of
Dover, Delaware.
"Meeting" means the formal or informal gathering of a quorum of the members of
the Board of Adjustment for the purpose of discussion or taking action on public
business.
"Chairman" means the Chairman of the Board of Adjustment.
"Presiding Officer" means the Chairman of the Board of Adjustment, or such other
person who presides over the meetings of the Board of Adjustment, pursuant to the
Rules of the Board of Adjustment.
"Public business" means any matter over which the Board of Adjustment has
supervision, control, jurisdiction or advisory power.
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Item 4.
Rule 1 - Duties
1.1 The Chairman shall preside at all meetings or hearings of the Board, decide
all points of order or procedure, and perform all duties required by law or
these Rules.
1.2 The Department of Planning and Inspections shall conduct, at the discretion
of the Board, all official correspondence of the Board, send out all notices
required by law and by these Rules of Procedure, keep records of each
examination of other official action of the Board and perform all duties
required by law and these Rules of Procedure.
1.3 In the absence of the Chairman, the presiding officer, with all powers
and duties of the Chairman enumerated herein, shall be the Vice -
Chairman as elected from its membership by a majority vote of all of
the members of Board of Adjustment. In the absence of the Vice-
Chairman, the presiding officer, with all powers and duties of the
Chairman enumerated herein, shall be such other member of the Board
of Adjustment as is elected by a majority vote of the members of Board
of Adjustment present.
Rule 2 - Order of Business; Conduct of Meetings
2.1 The order of business at each regular meeting of the
Board of Adjustment shall be as follows:
Call to Order
Pledge of Allegiance
Roll Call
Approval Agenda
Approval of Minutes
Communications of Reports
Old Business
New Business
Adjournment
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Item 4.
2.2 The order of business can be altered at any duly constituted meeting by an
affirmative vote of a majority of the Board of Adjustment members present.
The privilege of the floor may be granted to the public at any time by
presiding officer.
2.3 During public hearings, the presiding officer may set reasonable time
limits on public comments. An individual may submit a written
statement in lieu of or in addition to verbal comments. The presiding
officer may terminate or limit testimony which is irrelevant or unduly
repetitive.
2.4 Every attempt will be made to complete all business scheduled. In the
event that the presentation of a scheduled agenda item takes longer
than reasonably anticipated, the presentation may be suspended by
approval of majority of the Board of Adjustment members present. A
motion to suspend a presentation should, to the extent possible, include
the date and time at which the remainder of the presentation will be
heard.
2.5 Testimony at public hearings shall be taken under oath which shall be
administered by the Board's attorney or any other individual as may be
directed by the presiding officer.
Rule 3 - Meetings of the Board of Adjustment
3.1 Regular meetings shall be held in City of Dover City Hall Council Chamber
or such other location as designated by majority vote of all the members
of the Board of Adjustment.
3.2 Regular meetings shall convene at 9:00 A.M. on those days when a meeting
has been properly noticed and advertised.
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Página 31
Item 4.
3.3 Special meetings and executive sessions may be held as provided in
Title 29, Chapter 100 of the Delaware Code. Special meetings may be
called by the Chairman upon at least 48 hours' notice to each member.
The Chairman shall call a special meeting within 10 days of receipt of a
written request from any two members of the Board. Notice of a
special meeting shall include an explanation as to why the notice
required in Rule 4 could not be given.
3.4 Except for executive sessions, all meetings shall be open to the public.
3.5 Minutes of all meetings, including executive sessions, shall be kept and
made available for public inspection and copying. At a minimum, the
minutes shall include a record of attendance and a record, by individual
members of the Board of Adjustment, of each vote taken and each
action agreed upon.
Rule 4 - Public Notice of Meetings
4.1 Public notice of all meetings shall be posted on the public bulletin board
located in City Hall and on the official City of Dover website.
4.2 Public notice, property posting and advertisement of meetings and public
hearings shall comply with all applicable provisions of State law and City of
Dover ordinances. In addition, notice of a public hearing shall be mailed to
an appellant or applicant (or attorney or agent of the appellant or applicant)
at least 15 days before the date of the hearing.
Rule 5 - Agenda
5.1 The agenda for Board of Adjustment meetings shall be available to
members of the Board of Adjustment at least one week prior to the
scheduled meeting.
5.2 The Director of the Department of Planning and Inspections shall be
responsible for the preparation and contents of the agenda. Any
member of the Board of Adjustment may place items on the agenda by
contacting the Director of Planning and Inspections, either verbally or
in writing, prior to the posting of the agenda. Any other person may
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Item 4.
request to have items placed on the Board of Adjustment agenda by
notifying the Director of Planning and Inspections, in writing; provided,
however, that items requested to be placed on the agenda that are not,
in the opinion of the Director or Planning and Inspections, of Board of
Adjustment jurisdiction, or which do not meet requirements of notice
or advertisement, will not be placed on the posted agenda. Those items
that do not qualify as Board of Adjustment business will be responded
to by the Director of Planning and Inspectiuons and copied to the
members of the Board of Adjustment.
5.3 Items which arise at the time of the Board of Adjustment's meeting
may be added to the agenda, and items may be deleted from the
agenda, by a majority vote of all of the members of the Board of
Adjustment present, subject to requirements of advertisement and
other applicable provisions of state law and City of Dover ordinance.
Rule 6 - Attendance of Members of the Board of Adjustment at
meetings; Quorums
6.1 No members of the Board of Adjustment shall be absent from scheduled
meetings or from other official duties without cause. When
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Item 4.
unable to attend a scheduled meeting, a member of the Board of Adjustment
shall be responsible for notifying one of the following: the Chairman, the
Director of Planning and Inspections, another Board of Adjustment member,
or a staff member of the Office of Planning and Inspections.
6.2 The presence of no less than three (3) members of the Board of
Adjustment shall constitute a quorum.
6.3 When a quorum is not present at any properly called meeting, the
members of the Board of Adjustment present may adjourn.
6.4 If no members of the Board of Adjustment are present, any staff
member of the Office of Planning and Inspections may adjourn the
meeting.
6.5 Three (3) affirmative votes shall be required to approve any special use
exception or variance. Failure to receive three (3) affirmative votes shall
be deemed to disapprove any matter.
6.6 Any other matter may be decided by majority vote of Board of Adjustment
members present.
Rule 7 - Voting Procedure
7.1 On each motion duly made and seconded, the presiding officer shall call
the roll or determine the vote in some other manner, and announce the
results.
7.2 A written record shall be made of the vote by each member of the Board
of Adjustment on each vote taken. Said record shall also reflect the number
of "aye" votes, the number of "nay" votes and the number of "abstaining"
votes.
Rule 8 - Record Keeping
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Item 4.
8.1 A file shall be kept in the Office of Planning and Inspections of all Board of
Adjustment meetings. The file shall include copies of meeting notices
(including the time, date and place where they were posted), the agenda
and the minutes of the meeting.
Rule 9 - Minutes of Board of Adjustment Meetings
9.1 Minutes shall be taken of each meeting of the Board of Adjustment, and
shall reflect the following:
a. Kind of meeting.
b. Date and place of meeting.
c. Name of the presiding officer.
d. Members of Board of Adjustment present.
e. Whether the minutes of the previous meeting were approved.
f. The proceedings of the Board of Adjustment, briefly and accurately
stated. The minutes shall record what was done rather than what
was said. However, a member of Board of Adjustment may
request that a statement or written material be attached to the minutes
and made a part thereof.
g. All motions voted upon and the results of said motions.
h. Names of members of Board of Adjustment making motions and those
making secondary motions.
i. A record by individual members of Board of Adjustment, of each
vote taken and action agreed upon.
j. Time of convention and adjournment.
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Item 4.
9.2 Minutes shall be taken, prepared and presented by a staff member of
the Office of Planning and Inspections and the Board's attorney in
written form for approval as written or as amended. The minutes as
approved shall be filed in the minute book of the Board of Adjustment.
Copies of the approved minutes shall be made available to the general
public, except as otherwise authorized by law.
9.3 Recordings will be made of all Board of Adjustment meetings at which
City of Dover business is transacted. The recordings shall be under the
custody of the Director of Planning and Inspections and shall be open
to inspection and copying in accordance with applicable law regarding
access to public records.
Rule 10 - Conduct During Meetings
10.1 When a member of Board of Adjustment desires to speak, that member
shall address the presiding officer and shall not proceed until recognized
and granted the privilege of the floor. The presiding officer shall recognize
the member of Board of Adjustment who is the first to address the presiding
officer.
10.2 No member of Board of Adjustment shall interrupt another in debate
without the consent of the other. To obtain such consent, the member shall
first address the presiding officer.
10.3 If any member of Board of Adjustment, in speaking or otherwise,
transgresses the Rules of the Board of Adjustment, the presiding officer
shall, or any member of Board of Adjustment may, call the errant
member to order. When a member shall be called to order, that
member shall not proceed without the permission of the presiding
officer.
Rule 11 - Change or Suspension of Rules
Any rule of the Board of Adjustment may be changed or suspended by
the approval of a majority of all of the members of the Board of
Adjustment.
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Item 4.
Rule 12 - Rules of Order
12.1 These rules have been adopted in order to provide an orderly
procedure for matters coming before the Board. However, these rules
shall be interpreted and applied so as to afford substantial justice and
to promote a fair but efficient hearing procedure. Consequently, strict
adherence to these rules shall not be required but the Board may
modify and digress from these rules for reasonable cause as the
situation may demand. In the event that any rule herein contradicts
state law or City of Dover ordinance, such rule shall be construed in
compliance with such statute or ordinance. In the event that any of
the foregoing rules is declared illegal or unenforceable by any court of
competent jurisdiction, the balance hereof shall remain in full force and
effect.
Rule 13 - Standards of Conduct
13.1 Persons attending Board of Adjustment meetings shall observe appropriate
dress standards and standards of conduct. Attire that
may distract from the proceedings shall not be permitted.
13.2 Persons attending Board of Adjustment meetings may wear one (1)
"cause supporting sign" affixed to their clothing. The size of such
"sign" may not exceed three (3) inches by five (5) inches. Signs
offensive to the members of the Board of Adjustment or to
participants, and signs that may distract from the proceedings shall
not be permitted. No placards shall be permitted at any meeting of
the Board of Adjustment.
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Item 4.
13.3 The City Manager for the City of Dover may, from time-to-time, prescribe
by policy reasonable and appropriate attire and conduct for persons
attending meetings of the Board of Adjustment.
13.4 Members of the news media shall conduct themselves in such a
manner as to not be disruptive of the proceedings of the Board of
Adjustment.
13.5 Persons attending Board of Adjustment meetings shall at all times
conduct themselves in an orderly manner and follow the direction of
the presiding officer.
13.6 No applause or other disruptive behavior shall be permitted. All
cellular phones, pagers, and other electronic devices which emit noise shall
be turned off or placed on silent mode for the duration of the meeting.
Rule 14 - Appeals and Applications to the Board of Adjustment
14.1 Appeals and applications to the Board, as permitted by state law and
City of Dover ordinances, shall be on forms to be prepared by the Director
of Planning and Inspections and approved by the Board of Adjustment,
and shall be accompanied by the proper fee. Appeals and applications shall
be signed by any person authorized by law to make such an appeal or
application, or an agent or an attorney of such person.
14.2 All appeals and applications to the Board shall be accompanied by a
recent survey, prepared and approved by a licensed surveyor, of the
subject property, except when this requirement is waived by the Board or
the Office of Planning and Inspections.
14.3 Appellants, Applicants, supporters, and members of the opposition
are encouraged to submit their exhibits and other supporting materials
prior to the hearing, if possible.
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Página 38
Item 4.
14.4 All communication and correspondence with the Board shall be
submitted through the Office of Planning and Inspections. Telephone,
email, verbal or written communication to individual Board members
regarding a case is prohibited.
14.5 Appeals and applications shall not be amended after public notice of
the public hearing has been made except that the size of any variance
requested may be increased or reduced by an applicant prior to or at
the public hearing provided, however, that the type of variance
requested (side yard variance, front yard variance, etc.) has been
included in the public notice.
14.6 During the presentation of an appeal or application to the Board,
persons addressing the Board shall identify themselves by name and
place or residence. No cross-examination of witnesses or applicants
will be permitted. All questions for others should be directed to the
Board and the Board may direct the question to the appropriate person.
Nothing in this paragraph shall limit an attorney from directly
questioning witnesses in support of the position the attorney is
advocating.
14.7 The Board may continue a hearing or vote to leave the record open for
the purpose of supplementing the record and may put limitations or
conditions thereon.
14.8 Following a decision by the Board on an appeal or application, a copy
of the written decision shall be sent to the appellant or applicant, or
the agent or attorney for the appellant or applicant. Any oral discussion
of or vote upon the application by the Board shall be deemed in the
nature of preliminary deliberations to the rendering of a final written
decision and only the written decision, as adopted by a majority of the
Board, shall constitute a decision of the Board.
14.9 The Board may impose conditions with respect to the granting of an
application or appeal pursuant to the City of Dover Municipal Code.
Whenever such condition is imposed by the Board, the condition should
be stated in the decision of the Board. Such decision shall remain valid
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Página 39
Item 4.
only as long as the condition or conditions upon which it was approved
exist or the conditions imposed by the Board are adhered to.
Rule 15 — Order of Proceeding:
15.1 The order of presentation shall generally be as follows subject to
modification by the Chairman for reasonable grounds.
15.2 The Board shall identify the application number, the general nature of the
proceeding (appeal, variance, or special use exception), the name of the
filing party, the description of the subject property, and shall state whether
the Office of Planning and Inspections has received any correspondence
pertaining to the application.
15.3 The Applicant/Appellant will be afforded the opportunity to present
testimony and evidence supporting the application. The Applicant/
Appellant may appear with or without legal counsel. The Applicant/
Appellant shall be permitted to present witnesses and introduce exhibits,
petitions, and other documents into the record.
15.4 Upon the conclusion of each witness' initial testimony, members of the
Board, the Planning and Inspections Department, and the Board's
attorney shall have an opportunity to ask questions of the Applicant/
Appellant and its witnesses and counsel.
15.5 In the case of a variance or special use exception application, at the
conclusion of the Applicant's witnesses and evidence, any person
desiring to make a statement in support of the application shall be
given an opportunity to do so. Each person desiring to make such a
statement shall identify himself or herself by name and address and
shall be sworn in prior to making a statement.
15.6 In the case of a variance or special use exception application, at the
conclusion of the statements in favor of an application, any person
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Item 4.
desiring to make a statement in opposition to the application shall be given
an opportunity to do so. Each person desiring to make such a statement
shall identify himself or herself by name and address and shall be sworn in
prior to making a statement.
15.7 At the conclusion of all evidence and public statements, if applicable,
the Applicant/Appellant shall be given a brief opportunity to submit
additional testimony or evidence in the form of "rebuttal." The
presiding officer may allow for brief "sur-rebuttal" testimony from the
opposition provided that such testimony is limited to the scope of the
testimony presented in the "rebuttal" and is not repetitive, redundant,
or irrelevant.
15.8 All exhibits presented to the Board for its consideration shall be identified
and marked appropriately. All such documents shall be retained by the
Office of Planning and Inspections.
15.9 Hearsay evidence shall be permitted a Board hearing and the Board shall
be entitled to hear and consider any probative evidence which, in the
Board's opinion, is relevant and of sufficient credibility to be entitled to
consideration.
15.10 The Board shall have the authority to set reasonable time limits on all
parties and speakers appearing before it.
15.11 The presiding officer shall have authority to terminate or limit any testimony
or questioning which is irrelevant or unduly repetitive or provocative.
15.12 Once all testimony and evidence has been presented, the public
hearing shall be closed and no new testimony or evidence will be
permitted unless the Board votes to leave the public record open.
Rule 16 - Delaware Freedom of Information Act
16.1 All procedures of the Board of Adjustment shall comply with the
Delaware Freedom of Information Act, as contained in Title 29,
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Item 4.
Chapter 1000 of the Delaware Code, as amended. To the extent that any
provision herein shall conflict with the provisions of the Delaware Freedom
of Information Act, the more restrictive provision shall apply.
Rule 17 - Delaware State Employees', Officers' and Officials' Code of Conduct
17.1 Members of the Board of Adjustment shall be subject to the Delaware State
Employees', Officers' and Officials' Code of Conduct, as set forth in Title 29,
Chapter 58, Subchapter I of the Delaware Code.
Rule 18 - Request for a Rehearing
18.1 A motion for a rehearing shall be made not later than 10 days after the
filing of a decision in the office of the Board of Adjustment. The Board of
Adjustment may rehear a matter for the following reasons:
a. Mistake, inadvertent surprise or excusable neglect.
b. Newly discovered evidence which by due diligence could not have
been discovered at the time of the original hearing.
c. Fraud, misrepresentation or other misconduct of an adverse
party.
18.2 A motion for a rehearing shall state the grounds therefore and may be
accompanied by applicable affidavits. The motion and affidavits shall be
provided by mail to the opposing party of record, if any. The opposing party
shall have 10 days after receipt of the motion to file a response thereto and
attach applicable affidavits. The Board shall determine the motion upon the
written application, any responses thereto, and accompanying affidavits, if
any.
Rule 19 - Adoption and Effective Date
19.1 These rules shall become effective upon adoption by a majority vote of
all of the members of the Board of Adjustment.
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Item 4.
Adopted:
Effective Date:
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