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april 1 2026 planning commission work session packet

Document April 1, 2026 · 9 page(s) in the original

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CENTREVILLE PLANNING COMMISSION

April 1, 2026 The Centreville Wharf - 1st Floor 101 Watson Road 7:00 p.m.

Work Session

A G E N D A

I. CALL TO ORDER – Kara Willis, Chair

II. CITIZEN COMMENT

(Citizens are requested to keep their comments to three minutes.)

III. DISCUSSION

a. Proposed Fence Code Edits b. Work Session Date for July

IV. CITIZEN COMMENT

(Citizens are requested to keep their comments to three minutes.)

V. COUNCIL MEMBER REPORT

VI. ADJOURNMENT

26

170-39 Accessory Uses And Structures; Fences

27 A. Except as otherwise provided in this chapter, all uses and structures shall be 28 located outside the required front or side yards in any residential or commercial 29 district. Accessory uses and structures that are a part of or attached to the main 30 building require the same minimum yard setbacks as the main building. [Amended 31 1-2-2014 by Ord. No. 13-2013; 10-4-2019 by Ord. No. 11-2019; 9-2-2021 by Ord. No.

32 09-2021] 33 B. Accessory buildings which are not a part of or attached to the main building, 34 although they may be connected by an open breezeway, may only be located 35 between the rear lot line and the closest point of the rear wall of the main building, 36 provided that the sum of the building footprints of all existing and proposed 37 accessory building does not exceed 30% of the area of the required rear yard and

38 provided the following standards are adhered to: [Amended 9-2-2021 by Ord. No.

39 09-2021] 40 1. Every accessory building shall be set back from side and rear lot lines at least 41 three feet except as provided herein:

42 a. The minimum required setback from the side and rear lot lines shall 43 be five feet up to a maximum height of 15 feet and 10 feet for every 44 height above 15 feet as shown in the table presented here:

45 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 46 2. The building height shall be no higher than the height of the principal 47 structure on the lot.

48 3. The permit application for any building 12 feet or more in height shall include 49 a native species evergreen buffer planting plan designed to allow only filtered 50 views of the building from adjoining lots and the street.

Page 2 of 8 51 C. Side yard fences. Fences are prohibited between the side street yard building Commented [PF2]: Create new subsection C. Fences 52 restriction line of any residential building and any publicly dedicated street, private and incorporate existing C, & D into the new framework 53 street or private parking area; however, in the R-1 Zone, the Zoning Administrator 54 may permit a fence in a side yard on a corner lot outside of the building restriction

55 line, providing that the fence does not affect visibility at nearby intersections. If the 56 fence crosses any Town-owned easements, the property owner shall record a 57 statement among the land records of Queen Anne's County that it is their 58 responsibility and that they shall bear the cost of removal if the fence must be 59 moved or removed in order to access the easement, and that if the fence is

60 damaged for any reason, there is no liability on behalf of the Town. This section shall 61 not affect any easements that are not Town owned, which shall be governed by the 62 easement document in terms of whether fences are permitted in the easement 63 area. [Amended 5-2-2019 by Ord. No. 04-2019] 64 D. Rule of construction. In applying the fence restrictions contained in this section, the 65 term "front yard" shall mean the "apparent front yard," and the side, side street and

66 rear yards of any lot shall be determined by their relationship to the apparent front 67 yard of the lot. For through corner lots, one yard abutting a publicly dedicated right- 68 of-way, private right-of-way or parking area shall be determined to be the apparent 69 front yard as defined herein, and the other two yards abutting publicly dedicated 70 rights-of-way or parking areas shall be side street yards.

71 [Amended 12-7-2006 by Ord. No. 07-06] 72 73 C. Fences 74 1. Purpose and Applicability 75 It is the intent and purpose of this subsection to protect the public health, 76 safety, and general welfare by regulating the placement of fences or walls on 77 residential lots to: Commented [PF3]: Previous 170-39.B from 2006 had 78 a. Permit unobstructed access to residences by emergency vehicles, this language, kept intact for first draft.

Do we need / want this section?

79 personnel, and equipment;

Commented [PF4R3]: Suggest moving this piece into 80 b. Allow for the establishment and maintenance of public rights-of-way the rationale of the motion and out of the code 81 along streets and sidewalks;

82 c. Prevent the obstruction of visibility at corners and intersections for 83 drivers and pedestrians; and 84 d. Protect the general character of residential areas while adding to the 85 attractiveness and comfort. Commented [PF5]: Previous 170-39.B from 2006 86 2.1. Classification specifically called for residential - Kept language intact for this draft Page 3 of 8 87 Fences and walls shall be considered structures for purposes of this chapter

88 and shall comply with the location requirements set forth herein. Applications 89 for fences and walls that comply with subsections 1 through 4 shall be 90 processed administratively; applications that do not comply may be considered 91 only under C.5.

92 93 3.2. Definitions 94 For the purposes of this subsection, certain terms or words used herein shall be 95 interpreted as follows:

96 Interior Side Yard. The required setback area along a lot line between two parcels 97 where neither parcel boundary abuts a public street, private street, private right- 98 of-way, alley, or parking area.

99 100 Through Lot. A lot, other than a corner lot, having frontage on two (2) generally 101 parallel streets. The frontage to which the street address is assigned shall be the 102 apparent front yard, and the opposite frontage shall be the secondary front yard.

103 104 Secondary Front Yard. On a lot with more than one front yard, any front yard 105 other than the apparent front yard.

106 107 4.3. Allowable Locations 108 Except as otherwise provided in this subsection, fences may be located 109 within the required yard setbacks in the following areas:

110 a. **Front yard (Apparent Front Yard) – Placeholder for front yard allowance 111 if PC wishes to add** 112 b. Secondary Front Yard 113 1. Through Lots. On a through lot, fences and walls may be located 114 within the required secondary front yard.

115 2. Corner Lots. Fences and walls may be located within the required 116 secondary front yard, provided that any portion of a fence or wall 117 located between the secondary frontage and the principal 118 structure shall not exceed forty-eight (48) inches in height, 119 measured from finished grade. The area “between the secondary 120 frontage and the principal structure" shall mean the area in front

121 of a line projected from the foremost point of the principal 122 structure to the secondary frontage.

123 c. Lots with nonconforming principal structure (front setback). Where the 124 principal structure is a lawfully existing nonconforming structure with Page 4 of 8 125 respect to a required front yard setback, a fence or wall may be located 126 within the required front yard setback between the Building Restriction 127 Line required front yard setback line and the front wall of the principal 128 structure, provided that no portion of the fence or wall is located closer to

129 the front lot line than the front wall of the principal structure and the 130 fence or wall otherwise complies with this subsection. Commented [PF6]: created a carve out for this situation 131 d. Interior side yards. Fences or walls shall be located no closer to the front so a house that existed prior to zoning could still build to the front wall if it doesn't meet the current minimum 132 lot line than the front wall of the principal structure. setback rules for front yards. This could be a variance

133 e. Rear yards. Fences or walls may be located within the required rear yard.

request that would likely garner support from staff and PC.

134 135 5.4. Restrictions.

136 Notwithstanding the allowable locations set forth in Subsection 3, fences 137 and walls shall be subject to the following restrictions:

138 a. Sidewalks and pedestrian access. No fence or wall may be constructed in 139 a manner that obstructs or encloses a required or public sidewalk or 140 access easement serving the lot.

141 b. Front yard fences (Apparent Front Yard). Fences and walls are prohibited 142 forward of the front wall (front building line) of the principal structure 143 facing the apparent front yard.

144 c. Visibility at intersections. All fences and walls shall comply with §170-35, 145 Visibility at Intersections.

146 d. Height. No fence or wall shall exceed eight (8) feet in height, measured 147 from finished grade, except as approved pursuant to subsection C.5.

148 e. Materials & Composition 149 1. Finished side out. The finished side of any fence shall face outward 150 toward adjoining properties and public ways.

151 2. Prohibited Fencingmaterials. The following are prohibited.

152 1.a. Barbed wire or razor wire, except as approved pursuant to 153 subsection C.5. Commented [PF7]: I have not considered separate 154 2.b. Electrified Fences. carve outs for industrial. Someone mentioned an industrial property with chain link fence at the work 155 3.c. Chain link fences, except as approved pursuant to subsection session and that state law may have required it?

156 C.5. Commented [PF8]: again, do we need to put a carve out 157 a.d. Fencing constructed of light duty or temporary materials, somewhere in the fences, or within another section of 170 for industrial?

158 including but not limited to metal T-posts, plastic mesh, 159 construction fencing, snow fencing, or similar materials shall not 160 be used as a perimeter fence or installed along any lot line or 161 street frontage, except for temporary use during active 162 construction or similar short-term activities.

Page 5 of 8 163 164 Exception: Wire backing (welded wire, woven wire, or similar open 165 wire mesh) is permitted when attached to and supported by a 166 structural fence, (including split-rail or other wood fence) provided 167 that the wire backing does not extend above the top rail and is not 168 used as the primary structural support.

169 170 6.5. Planning Commission Approval – Nonresidential/security fencing 171 The Planning and Zoning Commission may approve fences and walls for 172 properties used for nonresidential purposes in all zoning districts that do not 173 comply with the standard height and materials limitations of this subsection, 174 including chain link fencing, and barbed wire/razor wire, subject to the 175 following:

176 a. Application and site plan 177 1. An application submitted under this subsection shall include the 178 standard fence permit submittal items required by the Town, including 179 a site plan showing the location of a proposed fence.

180 2. Planning and Zoning Commission approval required. When an 181 applicant proposes a fence or wall for a nonresidential use that does 182 not comply with the provisions of this subsection, including but not 183 limited to height or materials, the application shall be referred to the 184 Planning and Zoning Commission for approval.

185 b. Findings 186 1. The Planning and Zoning Commission may approve a request 187 under this subsection upon finding that the proposed fence or 188 wall:

189 a. Is reasonably necessary for site security, protection of 190 equipment/inventory, operational safety, or compliance with 191 state or federal regulatory requirements;

192 b. Is compatible with adjacent properties and surrounding 193 development considering location, height, materials, and 194 appearance;

195 c. Meets applicable buffer yard/screening requirements or 196 provides additional screening measures as a condition of 197 approval; and 198 d. Complies with §170-35, Visibility at Intersections.

199 c. Conditions Page 6 of 8 200 1. The Planning and Zoning Commission may impose reasonable 201 conditions on height, materials, placement, screening, lighting, 202 and maintenance to ensure compliance with this subsection and 203 the findings above.

204 d. Residential uses in nonresidential districts.

205 1. This subsection shall not apply to fences and walls serving a 206 residential use, which shall comply with the residential fence 207 location, height, and materials standards of this subsection 208 regardless of underlying zoning district.

209 210 7.6. Easements 211 a. Town owned easements. Where a fence or wall crosses or is located 212 within a Town owned easement, the property owner shall record a 213 statement among the land records of Queen Anne’s County 214 acknowledging that:

215 1. The fence or wall is installed at the owner's risk;

216 2. The owner shall bear the cost of removal or relocation if access to the 217 easement is required; and 218 3. The Town shall bear no liability for damage to the fence or wall.

219 220 8.7. Rule of Construction 221 a. Apparent front yard. The term “front yard” shall mean the apparent front 222 yard of the lot, as defined in §170-70, unless the context clearly requires 223 otherwise.

224 b. Secondary front yard. On lots with more than one front yard, the term 225 “secondary front yard” shall have the meaning set forth in this 226 subsection.

227 c. Yard classification. The side yard, secondary front yard, and rear yard of 228 any lot shall be determined by their relationship to the apparent front yard 229 and, where applicable, the secondary front yard of the lot.

230 d. Lots with more than one frontage. For lots with more than one frontage, 231 yards abutting a publicly dedicated street, private street, private right-of- 232 way, or parking area shall be classified consistent with the apparent front 233 yard and secondary front yard designations.

234 e. Administrative determination. If uncertainty exists as to the designation 235 of the apparent front yard or the classification of yards on a lot for the 236 purposes of this subsection, the Zoning Administrator shall make the Page 7 of 8 237 determination consistent with the intent of this subsection and the 238 definitions in §170-70.

239 240 9.8. Nonconforming Fences 241 A fence or wall lawfully established prior to the effective date of applicable 242 fence regulations that does not conform to the provisions of this subsection 243 shall be considered a nonconforming structure as defined in §170-13 and 244 may remain in place, subject to §170-14. Nothing herein shall be construed 245 to authorize the enlargement, extension, reconstruction, or replacement of a

246 nonconforming fence or wall except as permitted by §170-14.

Page 8 of 8 1

170-70 Definitions

2 For the purposes of this chapter, certain terms or words used herein shall be interpreted as 3 follows:

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

5 1. In any required front yard, no fence or wall shall be permitted which materially 6 impedes vision across such yard above the height of 36 inches, and no hedge or 7 other vegetation shall be permitted which materially impedes vision across such Commented [PF1]: Delete and renumber below - 8 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 9 2.1. In the case of corner lots, a front yard of the required depth shall be provided 10 in accordance with the prevailing yard pattern, and a second front yard of half the 11 depth required generally for front yards in the zone shall be provided on the other 12 frontage.

13 3.2. In the case of corner lots with more than two frontages, the Zoning 14 Administrator shall determine the front yard requirements, subject to the following 15 limitations:

16 1. At least one front yard shall be provided having the full depth required 17 generally in the zone.

18 2. No other front yard on such lot shall have less than half the full depth 19 required generally.

20 4.3. Depth of required front yards shall be measured at right angles to a straight 21 line joining the foremost points of the side lot lines. The foremost point of the side 22 lot line, in the case of rounded property corners at street intersections, shall be 23 assumed to be the point at which the side and front lines would have met without 24 such rounding. Front and rear yard lines shall be parallel.

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