february 18 2026 planning commission packet

THE TOWN OF CENTREVILLE 101 LAWYERS ROW CENTREVILLE, MD 21617

410-758-1180 FAX 410-758-4741 WWW.TOWNOFCENTREVILLE.ORG

MEMORANDUM

To: Planning and Zoning Commission From: Peter Flint, Zoning Administrator Date: 01/29/2026 Subject: Special Exception Request – Short Term Rental (SE-02-26) – 109 Wharf Lane I. Purpose and Project Description The applicant requests a Special Exception to operate a short-term rental within an existing single-family dwelling located at 109 Wharf Lane in the R-2 Residential District. The Planning and Zoning Commission is asked to review the zoning considerations associated

with the request and forward a recommendation to the Board of Appeals.

This memorandum is provided to assist the Planning and Zoning Commission in evaluating the request as to consistency with the Comprehensive Plan, and offering comment, if necessary, and to summarize relevant zoning standards and staff analysis for the Board of Appeals’ consideration.

II. Applicable Zoning Standards Short-term rentals are permitted in the R-2 District by Special Exception per §170-20.C(6).

In addition to the general Special Exception criteria, Use and Development Standards applicable to boardinghouses, bed-and-breakfasts, and short-term rentals require that the use:

• Be inspected and approved by the Fire Marshal for the specified use.

• Comply with all applicable federal, state, and local laws.

• Operate under a valid short-term rental zoning certificate prior to operation.

• Provide off-street parking in accordance with §170-32.

• Not involve alterations that change the essential residential character of the

property or district.

• Comply with applicable signage regulations.

For the Board of Appeals’ consideration: The Board of Appeals must also determine that the proposed use will not adversely affect public health, safety, or welfare, will not create dangerous traffic conditions, and will not jeopardize the lives or property of nearby residents.

Fire Marshal Review: Staff discussed this requirement with the Fire Marshal, who advised that a short-term rental in an existing single-family dwelling is not considered a change in use and that the Fire Marshal does not have authority to inspect existing dwellings and require changes solely due to short-term rental status. Based on that guidance, and the applicants stated intent to operate the dwelling as a short-term rental without physical

alterations, no Fire Marshal inspection is anticipated as part of this request.

III. Site Conditions and Operational Characteristics The subject property is a developed residential lot improved with a single-family dwelling and an existing paved driveway.

Operationally, the applicant has represented that:

• The dwelling will be rented to a single booking party at a time; and

• Individual rooms will not be rented to separate guests simultaneously.

IV. Parking and Traffic Evaluation The zoning ordinance requires short-term rentals to provide off-street parking in accordance with §170-32 but does not establish a specific numeric parking requirement for this use. The current single family parking requirement is 2 spaces.

The existing driveway, approximately 9’ wide and 50’ long (per QAC GIS measurement), provides sufficient depth to accommodate vehicles in tandem without obstructing the public right-of-way, meeting the minimum 2 parking space requirement.

V. Staff Analysis Summary Based on review of the application, site conditions, and operations characteristics of the proposed use, staff provides the following analysis:

1. The proposed short-term rental is a use authorized by Special Exception within the

R-2 District

2. The applicant’s proposal to rent the dwelling to a single booking party at any given

time maintains the residential character of the property and avoids operation as a hotel/motel or similar facility.

3. The existing driveway configuration is adequate to accommodate anticipated

parking demand associated with the proposed use.

4. The proposed use is not anticipated to create unsafe traffic conditions or adversely

affect public health, safety, or welfare

5. No exterior alterations or site changes are proposed to alter the residential

character of the structure or surrounding neighborhood.

VI. Staff Recommendation Staff recommends the Planning and Zoning Commission forward a favorable recommendation to the Board of Appeals for approval of Special Exception SE-02-26 to allow a short-term rental at 109 Wharf Lane, subject to the following conditions:

1. Single Booking Rule: The dwelling shall be advertised as a single unit and rented to

only one booking party at a time.

2. Non-Transferability: In the event of a change in property ownership, the Special

Exception shall expire automatically, and any continuation of the short-term rental use shall require a new Special Exception approval.

3. Expiration: The Special Exception shall be initiated within one year of the date of this

decision or the Special Exception shall expire.

170-70 Definitions

For the purposes of this chapter, certain terms or words used herein shall be interpreted as follows:

YARD, FRONT. A yard extending between side lot lines across the front of a lot.

1. In any required front yard, no fence or wall shall be permitted which materially

impedes vision across such yard above the height of 36 inches, and no hedge or other vegetation shall be permitted which materially impedes vision across such Commented [PF1]: Delete and renumber below - yard between the heights of 36 inches and 10 feet. current code does not allow for fences in front yard. this could be added to allowed locations if PC desires 2.1. In the case of corner lots, a front yard of the required depth shall be provided

in accordance with the prevailing yard pattern, and a second front yard of half the depth required generally for front yards in the zone shall be provided on the other frontage.

3.2. In the case of corner lots with more than two frontages, the Zoning Administrator shall determine the front yard requirements, subject to the following limitations:

1. At least one front yard shall be provided having the full depth required

generally in the zone.

2. No other front yard on such lot shall have less than half the full depth

required generally.

4.3. Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lines would have met without such rounding. Front and rear yard lines shall be parallel.

Addition of two definitions for clarity.

Building Restriction Line. The line established by the required yard setback for a lot, beyond which buildings or other structures may not be located.

Secondary Front Yard. On a lot with more than one front yard, any front yard other than the apparent front yard.

170-39 Accessory Uses And Structures; Fences

A. Except as otherwise provided in this chapter, all uses and structures shall be located outside the required front or side yards in any residential or commercial district. Accessory uses and structures that are a part of or attached to the main building require the same minimum yard setbacks as the main building. [Amended 1-2-2014 by Ord. No. 13-2013; 10-4-2019 by Ord. No. 11-2019; 9-2-2021 by Ord. No.

09-2021] Commented [PF2]: Note that a fence is a structure per definition, and per A. would be prohibited within any B. Accessory buildings which are not a part of or attached to the main building, required setbacks unless we create an allowance, which we are doing in the allowable locations section.

although they may be connected by an open breezeway, may only be located between the rear lot line and the closest point of the rear wall of the main building, provided that the sum of the building footprints of all existing and proposed accessory building does not exceed 30% of the area of the required rear yard and provided the following standards are adhered to: [Amended 9-2-2021 by Ord. No.

09-2021]

1. Every accessory building shall be set back from side and rear lot lines at least

three feet except as provided herein:

1. The minimum required setback from the side and rear lot lines shall

be five feet up to a maximum height of 15 feet and 10 feet for every height above 15 feet as shown in the table presented here:

Minimum Setback from Lot Line Height of Accessory Building (feet) (feet) Side Rear Vegetative Buffer Under 12 3 3 Not required 12 - under 15 5 5 Required 15 and over 10 10 Required

2. The building height shall be no higher than the height of the principal

structure on the lot.

3. The permit application for any building 12 feet or more in height shall include

a native species evergreen buffer planting plan designed to allow only filtered views of the building from adjoining lots and the street.

C. Side yard fences. Fences are prohibited between the side street yard building Commented [PF3]: Create new subsection C. Fences restriction line of any residential building and any publicly dedicated street, private and incorporate existing C, & D into the new framework street or private parking area; however, in the R-1 Zone, the Zoning Administrator may permit a fence in a side yard on a corner lot outside of the building restriction

line, providing that the fence does not affect visibility at nearby intersections. If the fence crosses any Town-owned easements, the property owner shall record a statement among the land records of Queen Anne's County that it is their responsibility and that they shall bear the cost of removal if the fence must be moved or removed in order to access the easement, and that if the fence is damaged for any reason, there is no liability on behalf of the Town. This section shall

not affect any easements that are not Town owned, which shall be governed by the easement document in terms of whether fences are permitted in the easement area. [Amended 5-2-2019 by Ord. No. 04-2019] D. Rule of construction. In applying the fence restrictions contained in this section, the term "front yard" shall mean the "apparent front yard," and the side, side street and rear yards of any lot shall be determined by their relationship to the apparent front

yard of the lot. For through corner lots, one yard abutting a publicly dedicated rightof-way, private right-of-way or parking area shall be determined to be the apparent front yard as defined herein, and the other two yards abutting publicly dedicated rights-of-way or parking areas shall be side street yards.

[Amended 12-7-2006 by Ord. No. 07-06] C. Fences

1. Purpose and Applicability

It is the intent and purpose of this subsection to protect the public health, safety, and general welfare by regulating the placement of fences or walls on residential lots to: Commented [PF4]: Previous 170-39.B from 2006 had a. Permit unobstructed access to residences by emergency vehicles, this language, kept intact for first draft.

Do we need / want this section?

personnel, and equipment;

b. Allow for the establishment and maintenance of public rights-of-way along streets and sidewalks;

c. Prevent the obstruction of visibility at corners and intersections for drivers and pedestrians; and d. Protect the general character of residential areas while adding to the attractiveness and comfort. Commented [PF5]: Previous 170-39.B from 2006

2. Classification specifically called for residential - Kept language intact

for this draft Fences shall be considered structures for the purpose of this chapter adn shall comply with the location requirements set forth herein.

3. Allowable Locations

Except as provided in this subsection, fences may be located within the required yard setbacks in the following areas:

a. **Apparent Front yard – Placeholder for front yard allowance if PC wishes to add** b. **Secondary Front Yard – Placeholder for secondary front yard allowance if PC wishes to add** Commented [PF6]: see 4.b comments c. Lots with nonconforming principal structure (front setback). Where the principal structure is a lawfully existing nonconforming structure with respect to a required front yard setback, a fence may be located within

the required front yard setback between the Building Restriction Line and the front wall of the principal structure, provided that no portion of the fence is located closer to the front lot line than the front wall of the principal structure and the fence otherwise complies with this subsection Commented [PF7]: created a carve out for this situation d. Interior side yards, provided that any fence shall be located no closer to so a house that existed prior to zoning could still build to

the front wall if it doesn't meet the current minimum the front lot line than the front wlal of the principal structure. setback rules for front yards. This could be a variance e. Rear yards.

request that would likely garner support from staff and PC.

4. Restrictions

a. Front yard fences Fences are prohibited forward of the front wall (front building line) of the principal structure facing the apparent front yard.

b. Corner lots – secondary front yard. Commented [PF8]: I have added a definition for On a corner lot, fences and walls are prohibited within the required secondary front yard and building restriction line to make this less confusing.

secondary front yard. Both options mean the same thing, the second keeps more of the original language intact.

Or On a corner lot, fences and walls are prohibited within the secondary front yard between the building restriction line and any publicly dedicated street, private street, or private parking area.

i. Administrative exception – R-1 Zone: In the R-1 Zone, the Zoning administrator may permit a fence within a secondary front yard on a corner lot outside of the building restriction line, provided that the fence does not materially impair visibility at nearby intersections in accordance with Commented [PF9]: We had extensive discussion about c. Height allowing this in all districts at the work session. If we are

going to allow in all districts, we could move the corner lot into the allowable section i. General height limit. No fence or wall shall exceed 8 feet in height, Commented [PF10]: 6' 8' or 10' - I went for the middle measured from the finished grade, unless otherwise expressly gournd.

permitted by this chapter.

ii. Corner Lots – Secondary frontage. On a corner lot, no fence or wall located within the secondary front yard and between the front lot line and the portion of the principal structure nearest to that front lot line shall exceed 36 inches in height, measured from finished grade. Commented [PF11]: My intent is to minimize the visual iii. Visibility. All fences and walls shall comply with §170-35, Visibility at impact on the neighbor of a corner lot by restricting the

height from the ROW line to the wall of the house, where Intersections. it could then step up to the full height.

d. Materials & Composition If we end up allowing apparent (primary) front yard fences i. Finished side out. The finished side of any fence shall face outward I would be in favor of this restriction as well.

toward adjoining properties and public ways.

ii. Prohibited Fencing. The following are prohibited.

a. Barbed wire or razor wire, except as expressly permitted in industrial districts or required by state law. Commented [PF12]: I have not considered separate b. Electrified Fences. carve outs for industrial. Someone mentioned an industrial property with chain link fence at the work c. Chain link fences, except as expressly permitted by this session and that state law may have required it?

chapter. Commented [PF13]: again, do we need to put a carve d. Fencing constructed of light duty or temporary materials, out somewhere in the fences, or within another section of 170 for industrial?

including but not limited to metal T-posts, plastic mesh, construction fencing, snow fencing, or similar materials shall not be used as a perimeter fence or installed along any lot line or street frontage, except for temporary use during active construction or similar short-term activities.

iii. Wire Backing on structural fences permitted. Welded wire, woven wire, or similar open wire mesh (“wire backing”) is permitted when attached to and supported by a structural fence, including split-rail or other wood fence), provided the wire backing does not extend above the top rail ad is not used as the primary structural support.

5. Easements

a. Town owned easements. Where a fence crosses or is located within a Town owned easement, the property owner shall record a statement among the land records of Queen Anne’s County acknowledging that:

i. The fence is installed at the owner's risk;

ii. The owner shall bear the cost of removal or relocation if access to the easement is required; and iii. The Town shall bear no liability for damage to the fence.

6. Rule of Construction

a. Apparent front yard. The term “front yard” shall mean the apparent front yard of the lot, as defined in §170-70, unless the context clearly requires otherwise.

b. Secondary front yard. On lots with more than one front yard, the term “secondary front yard” shall have the meaning set forth in §170-70.

c. Yard classification. The side yard, side street yard, and rear yard of any lot shall be determined by their relationship to the apparent front yard (and, where applicable, the secondary front yard) of the lot.

d. Through lots and corner lots. For lots with more than one frontage, yards abutting a publicly dedicated street, private street, private right-of-way, or parking area shall be classified consistent with the apparent front yard and secondary front yard designations.

e. Administrative determination. If uncertainty exists as to the designation of the apparent front yard, the secondary front yard, the building restriction line, or the classification of yards on a lot, the Zoning Administrator shall make the determination consistent with the intent of this subsection and the definitions in §170-70.

7. Nonconforming Fences

A fence, wall, or hedge lawfully established prior to the effective date of applicable fence regulations that does not conform to the provisions of this subsection shall be considered a nonconforming structure as defined in §170-13 and may remain in place, subject to §170-14. Nothing herein shall be construed to authorize the enlargement, extension, reconstruction, or replacement of a nonconforming fence, wall, or hedge except as permitted

by §170-14.

ISSUED BUILDING PERMITS

January 1 - 31, 2026 Permit # Applicant Owner Address Type Issue Date* BP-2-26 Justin Wilson Christopher Evans 206 South Liberty Street Window Replacements 1/15/2026 BP-3-26 Andrew Harper Louis Armstrong 728 Church Hll Road Shower Area Extension 1/22/2026 James Sove/Maryland Elite BP-4-26 Exteriors Emily Eyre 205 W. Water St. Roof Repacement 1/15/2026 BP-5-26 Priscilla Mileski Priscilla Mileski 93 Happy Lady Lane Fence 1/22/2026

* based on the approval date by Zoning Administrator