july 1 2026 planning commission work session packet
Other July 1, 2026 · 39 page(s)
Agenda and packet for the Centreville Planning Commission work session on July 1, 2026, focused primarily on a continued review of Accessory Dwelling Unit (ADU) regulations including draft ordinance language (definitions, allowed types, size/subordination, setbacks, lot coverage, and parking/waiver procedures). The packet also schedules revisions to the Planning Commission rules and by‑laws, possible review of Comprehensive Zoning Update priorities, and includes presentation materials and setback/coverage examples for accessory structures.
Centreville Planning CommissionAccessory Dwelling Units (ADUs)ADU ordinancesetbackslot coverageparking waiversaccessory structuresComprehensive Zoning Update
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CENTREVILLE PLANNING COMMISSION July 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. CONTINUED REVIEW OF ADU REGULATIONS • Review the Accessory Dwelling Unit (ADU) ordinance and related amendments to residential zoning districts, use tables, off-street parking requirements, buffer yard regulations, CBD provisions, and TND provisions. IV. REVISIONS TO CENTREVILLE PLANNING COMMISSION RULES & BY-LAWS V. COMPREHENSIVE ZONING UPDATES (if time allows) • Review Comprehensive Zoning Update priorities and implementation of Sustainable Growth Principles. IV. CITIZEN COMMENT (Citizens are requested to keep their comments to three minutes.) V. COUNCIL MEMBER REPORT VI. ADJOURNMENT Presentation on Accessory Structures (continued) Town of Centreville Planning Commission Meeting May 19, 2021 1,200 sq. ft. 10-foot setback 18 ft building height A 10,500 sq. ft. Lot Lot is 10,500 Max Coverage is 30% or 3,150 sq. ft. House Footprint is 35’ x 40’ = 1,400 sq. ft. Leaving 3,150 –1,400 sf or 1,750 30 ft 10 ft 25 ft REQUIRED REAR YARD 675 sq. ft. 75 ft 75 ft 675 sq. ft. 5ft 10 ft 3ft 140 ft Rear Yard: 30’ x 75’ = 2,225 sq. ft. 30% x 2,225 = 675 sq. ft. Max Allowed Now: Large Residential Lot – 22,000 sq. ft. Lot is 22,000 sq. ft.. House Footprint is: (40 x 58) + (24 x 26) = 2,944 Leaving 6,600 –1,400 sf or 3,656 200 ft 10 ft 990 sf REQUIRED REAR YARD 110 ft 110 ft 990 sf 24 ft 30’ x 110’ = 3,300 sq. ft. 30% x 3,300 = 990 990 sf t f 0 4 960 sg ft 10 ft 30 ft 3ft A 10,500 sq. ft. Lot Lot is 10,500 Max Coverage is 30% or 3,150 sq. ft. House Footprint is 35’ x 40’ = 1,400 sq. ft. Leaving 3,150 –1,400 sf or 1,750 30 ft < or = 200 sq. ft. 5 ft from side 10 ft 25 ft 192 sq. ft. 5 ft from rear 201 to 650 sq. ft. 7 ft from side 5 foot from rear 75 ft 675 sq. ft. 75 ft > 650 sq ft. 15 ft from side 400 sq. ft. 10 ft from rear 10 ft 140 ft Rear Yard: 30’ x 75’ = 2,225 sq. ft. 30% x 2,225 = 675 sq. ft. The Maximum Footprint is Dependent on the Size of the Required Rear Yard Maximum Footprint 30 ft Required Rear Yard t f 0 7 Proposed Minimum Setbacks for Accessory Structures on Residential Lots Building Footprint From Side From Rear 0 - 200 sq. ft. 5’ 5’ 200 - 650 sq. ft. 7’ 5’ Over 650 sq. ft. 15’ 10’ Site Plan for: • New accessory building in rear yard. • Extension of driveway 15 Ft. Driveway to be extended to proposed building over former footprint of existing building to be removed. 5 –7+ Ft. Revised: September 18, 2020 §170-39.1 Accessory Dwelling Units (ADUs) A. Purpose and applicability. 1. This section establishes standards for Accessory Dwelling Units (ADUs) in order to promote and encourage the creation of ADUs on lots with a single-family detached dwelling, while maintaining neighborhood compatibility. 2. This section applies to internal/attached ADUs and detached ADUs as described herein. B. Definitions and relationships to existing terms. 1. Accessory Dwelling Unit (ADU). “Accessory Dwelling Unit (ADU)” shall have the meaning set forth in §170-70. Commented [PF1]: Update ADU definition to match State’s Definition 2. Interpretation of “Accessory Apartment” (internal/attached). Wherever the term “accessory apartment” is used in this chapter to describe a secondary dwelling unit located within, or created as an addition attached to, a single-family detached dwelling, such unit shall be classified and regulated as an internal/attached ADU under this section. 3. Interpretation of “one accessory apartment in a det ached building” (detached). Wherever this chapter uses the phrase “one accessory apartment in a detached building” to describe a secondary dwelling unit within a detached accessory structure, such unit shall be classified and regulated as a detached ADU under this section. 4. Multiple accessory apartments are not ADUs. The creation of more than one accessory apartment within a single-family dwelling (where authorized by special exception) is not an ADU and remains regulated under the applicable special exception provisions of this chapter. C. Number permitted. 1. One ADU per lot. No more than one (1) ADU shall be permitted on any lot, parcel, or tract. D. Types and approval standards. 1. Internal/Attached ADU (By right). a. Type. Located within, or attached to, the primary dwelling, including an addition to the primary dwelling. b. Approval. Permitted by right where authorized by the underlying zoning district, subject to the standards of this section. 2. Detached ADU (By right). a. Type. Located within a detached accessory structure. b. Approval. Permitted by right where authorized by the underlying zoning district, subject to the standards of this section and the following additional detached ADU criteria: (1) Minimum lot area. The lot shall contain at least 10,000 square feet. E. Size and subordination. 1. Maximum size. An ADU shall be no greater than seventy-five percent (75%) of the gross floor area of the primary dwelling and shall be subordinate in use to the primary dwelling. 2. [OPTIONAL CAP – 800 SF] Maximum ADU gross floor area: 800 square feet. (800 sf (optional)) --- Look back into this it is probably not OK to impose this restriction. 3.2. Internal conversion designation. Where an ADU is created by converting an existing primary single-family detached dwelling into two dwelling units within the existing building envelope, the dwelling unit with the smaller gross floor area shall be designated as the ADU for purposes of applying subsection E(1). F. Setbacks and lot coverage. 1. Internal/attached ADUs shall comply with the yard and bulk standards applicable to the primary dwelling. 2. Detached ADUs shall not be required to meet side or rear setbacks that exceed those required for other accessory structures and shall comply with the applicable accessory structure building location and setback standards in §170-39(B), including the height- based setbacks. 3. All ADUs shall comply with lot coverage requirements of the underlying zoning district. Commented [PF2]: Should we update the lot coverage tables at this time, and the rule about accessory structures G. Parking. not being about to take up a more than a combined 30% or “required rear yard” even if they aren’t set into that yard?, 1. If off-street parking is required for an ADU, the applicant shall provide parking or exempt ADU’s from the lot coverage calculation? Other ideas? consistent with §170-32 and the district regulations, unless waived under subsection Commented [PF3R2]: Completed ½ of this with the G(2). update to sched. Of zone regs with changing lot coverage to building footprint. Still need to address the “30% of required 2. Parking waiver. The Zoning Administrator may approve a waiver, in whole or in part, of rear yard” any off-street parking requirement for an ADU upon written request and a finding that one or more of the following applies: a. Adequate on-street parking exists adjacent to the lot and the waiver will not create a demonstrable public safety concern; or b. The lot cannot reasonably accommodate additional compliant off-street parking due to existing site constraints (including lot configuration, existing development, or driveway geometry); or c. Providing the additional parking would require new curb cuts, unsafe access, or would create a documented safety or functional conflict (e.g., driveway geometry, sight distance, sidewalk conflicts); or d. Providing the additional parking would require a significant increase in impervious surface or stormwater impacts that cannot be reasonably mitigated on site. In evaluating a waiver request, the Zoning Administrator may consider any adopted Town parking analysis or study applicable to the neighborhood or street segment. 3. Procedure. A waiver request shall be submitted with the zoning certificate application and shall include a simple sketch showing existing and proposed parking. The Zoning Administrator shall approve, approve with conditions, or deny the waiver in writing. Decisions under this subsection may be appealed in the same manner as other administrative zoning determinations. H. Density and similar growth measures. An ADU approved under this section shall be excluded from residential density calculations and from any like measure intended to limit residential growth applicable to the lot, parcel, or tract. I. Separate conveyance prohibited. An ADU shall not be subdivided or otherwise conveyed so as to create separate ownership from the primary dwelling, except as may be expressly permitted by State law. J. Permitting. An ADU established under this section remains subject to required zoning approval (zoning certificate), required building permits, and any other applicable permits, reviews, and inspections. K. Owner occupancy. 1. The owner of the lot, parcel, or tract shall reside permanently within either the primary dwelling or the ADU. 2. The Zoning Administrator may require reasonable documentation to verify compliance with this subsection. L. Short-term rental prohibited. 1. Prohibition. When an ADU established on a lot, neither the ADU nor the primary dwelling shall be used as a short-term rental, as defined in §170-70 2. Nothing in this subsection prohibits rental or occupancy of an ADU other than as a short-term rental, provided that the property remains in compliance with subsection K (Owner Occupancy). Commented [PF4]: This better fits in the STR Ordinance Commented [PF5R4]: & renumber M. Critical Area. Where an ADU is located within the Critical Area Overlay District, the ADU shall comply with the applicable requirements of §170-31.4 and §170-31.5 in addition to this section. In the event of inconsistency, the more restrictive or stringent provision shall apply. N. Prior lawful approvals. 1. Any accessory apartment or accessory dwelling unit lawfully established prior to the effective date of Ordinance ____-2026 pursuant to a valid zoning certificate, building permit, or special exception approval may continue in accordance with the terms and conditions of that approval, notwithstanding the size limitation in §170-39.1(E). 2. Any enlargement or modification that increases the gross floor area of the accessory unit beyond what was approved shall require compliance with §170-39.1 and all other applicable requirements of Chapter 170. 170-70 – Definitions Updates ACCESSORY DWELLING UNIT. A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to an existing single-family structure. A secondary dwelling unit that is on the same lot, parcel, or tact as a primary single-family detached dwelling unit and not greater than 75% of the above grade gross floor area of and subordinate in use to the primary single-family detached Commented [PF6]: State definition only says 75% of size dwelling unit. “Accessory Dwelling Unit (ADU)” includes a structure that is separate from the and does not include ADU’s wholly within an existing DU primary single-family detached dwelling unit, a dwelling unit attached as an addition to the Commented [PF7R6]: Could potentially remove from the primary single-family detached dwelling unit, or a dwelling unit that is fully enclosed within definition, and limit the size in part E. above. the existing single-family detached dwelling unit. [Added 9-18-2025 by Ord. No. 12-2025] Dwelling unit. A single unit providing complete living facilities for at least one individual, including, at a minimum, provisions for sanitation, cooking, eating, and sleeping. Short-Term Rental. Any lease or other transfer of the right to occupy a primary dwelling unit on the parcel other than a hotel, motel, inn, or bed-and-breakfast for not less than one night and not exceeding four months. [Added 4-3-2014 by Ord. No. 02-2014] Commented [PF8]: Delete primary to close potential loophole with STR prohibition. Other Updates Required That are in progress 1. Update and replace all Accessory Apartment references with ADU as allowable use R1, R2 – R3 inherits from R-2 2. Replace Special Exceptions for ADU’s – If we have a more robust process for establishment of ADU’s the process becomes less necessary as an SE. Reserve applicable sections 3. CBD – create process for ADU that follows 170-22.A.13 carve out for SFD’s. If SFD is allowed in any district it is eligible for an ADU 4. TND – Move ADU out of special exception and remove the 15% cap. ADU’s by right in all SFD districts and compliance with new ADU ordinance 6. Off street parking – update ADU row Buffer Yards part K - ADU SECTION 1. Amendment to §170-70, Definitions. §170-70 is amended by revising the definition of “Accessory Dwelling Unit,” adding a definition of “Dwelling Unit,” and revising the definition of “Short Term Rental” as follows: ACCESSORY DWELLING UNIT. A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to an existing single-family structure. A secondary dwelling unit that is on the same lot, parcel, or tract as a primary single-family detached dwelling unit and not greater than seventy-five percent (75%) of the size of and subordinate in use to the primary single-family detached dwelling unit. “Accessory dwelling unit” includes a dwelling unit that is wholly enclosed within the existing primary single-family detached dwelling unit, a structure that is separate from the primary single-family detached dwelling unit, or a dwelling unit attached as an addition to the primary single-family detached dwelling unit. DWELLING UNIT. A single unit providing complete living facilities for at least one individual, including, at a minimum, provisions for sanitation, cooking, eating, and sleeping. SHORT TERM RENTAL. Any lease or other transfer of the right to occupy a primary dwelling unit on the parcel other than a hotel, motel, inn, or bed-and-breakfast for not less than one night and not exceeding four months. SECTION 2. Amendment to §170-39.B, Accessory Buildings. §170-39.B is amended as follows: B. Accessory buildings which are not a part of or attached to the main building, 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 footprint area located within the required rear yard of all existing and proposed accessory Commented [PF1]: This provision was enacted in 2021 buildings does not exceed thirty percent (30%) of the area of the required rear yard and when lot coverage was defined as the combined building footprint. It served to greatly reduce the lot coverage provided the following standards are adhered to: allowable at the time. See example worksheet. Two options to fix that stand out - other opinions Alternate text for 170-39.B welcome! 1.If a building encroaches into the required setbacks, B. Accessory buildings which are not a part of or attached to the main building, although they may it can’t take up more than 30%, effectively serving to keep the rear yard open. be connected by an open breezeway, may only be located between the rear lot line and the closest 2.Change the language be 30% of the actual yard (ie. point of the rear wall of the main building, provided that the sum of the building footprints of all rear wall to rear lot line. existing and proposed accessory building does not exceed 30% of the area of the required rear yard Commented [PF2]: Alt form of B, to hold it to accessory area within which accessory buildings may be located, and provided the following standards are building footprints cannot take up more than 30% of the area where accessory budlings are allowed to be located adhered to: (ie. behind the rear wall of house to the rear property line.) Page 1 of 6 SECTION 3. New §170-39.1, Accessory Dwelling Units. Chapter 170 is amended by adding new §170-39.1 as follows: §170-39.1 Accessory Dwelling Units (ADUs). A. Authorization and applicability. 1. This section establishes standards for accessory dwelling units (ADUs) on lots with a single-family detached dwelling. 2. One (1) ADU may be established on a lot, parcel, or tract containing a single-family detached dwelling, where authorized by the underlying zoning district and subject to this section. 3. Any accessory apartment permitted under this chapter as a secondary dwelling unit in conjunction with a single-family detached dwelling shall be regulated as an ADU under this section, except that multiple accessory apartments authorized by special exception shall remain subject to the applicable special exception provisions of this chapter. B. Number permitted. No more than one (1) ADU shall be permitted on any lot, parcel, or tract. C. Size and subordination. 1. Maximum size. An ADU shall be no greater than seventy-five percent (75%) of the size of the primary dwelling and shall be subordinate in use to the primary dwelling. 2. Measurement of primary dwelling. For purposes of applying subsection C(1), the size of the primary dwelling shall be determined by the above grade living area of the primary single-family detached dwelling as reflected in Maryland State Department of Assessments and Taxation records prior to the creation of the ADU, unless the applicant demonstrates to the satisfaction of the Zoning Administrator that the SDAT record is unavailable, outdated, or inaccurate. 3. Measurement of ADU. For purposes of applying subsection C(1), the size of the ADU shall be determined by the finished habitable floor area of the ADU, including finished habitable floor area located below grade, where such area is designed or used for living, sleeping, eating, cooking, or sanitation. Garages, unfinished storage areas, unfinished attics, unfinished basements, open porches, decks, patios, and similar non-habitable areas shall not be counted toward the size of the ADU. Page 2 of 6 4. Internal conversion designation. Where an ADU is created by converting an existing single-family detached dwelling into two dwelling units within the existing building envelope, the dwelling unit with the smaller finished habitable floor area shall be designated as the ADU for purposes of applying subsection C(1). D. Location, setbacks, and lot coverage. 1. Internal or attached ADUs shall comply with the yard and bulk standards applicable to the primary dwelling. 2. Detached ADUs shall comply with the §170-39.B 3. All ADUs shall comply with the lot coverage requirements of the underlying zoning district. E. Parking. 1. One (1) off-street parking space shall be provided for an ADU, unless waived under subsection E(2). 2. The Zoning Administrator may waive, in whole or in part, the off-street parking requirement for an ADU where the applicant demonstrates that the required parking is unnecessary or infeasible based on site conditions, available on-street parking, access constraints, impervious surface impacts, or other factors identified in an adopted Town parking study or administrative policy. 3. A parking waiver request shall be submitted in a form established by the Zoning Administrator. The Zoning Administrator shall approve, approve with conditions, or deny the waiver in writing. Decisions under this subsection may be appealed in the same manner as other administrative zoning determinations. F. Density and similar growth measures. An ADU approved under this section shall be excluded from residential density calculations and from any like measure intended to limit residential growth applicable to the lot, parcel, or tract. G. Ownership and occupancy. Commented [PF3]: Removed Short Term rental prohibition per our last work session. Restriction will be 1. Separate conveyance prohibited. in STR Ordinance. An ADU shall not be subdivided or otherwise conveyed to create separate ownership from the primary dwelling, except as may be expressly permitted by State law. 2. Owner occupancy. The owner of the lot, parcel, or tract shall reside permanently within either the primary dwelling or the ADU. The Zoning Administrator may require reasonable documentation to verify compliance with this subsection. Page 3 of 6 H. Permits and other applicable requirements. An ADU requires zoning approval and any other required permits, reviews, and inspections. ADU’s located within the Critical Area remain subject to §170-31.4 and §170-31.5 I. Prior lawful approvals. 1. Any accessory apartment or accessory dwelling unit lawfully established prior to the effective date of Ordinance ____-2026 pursuant to a valid zoning certificate, building permit, or special exception approval may continue in accordance with the terms and conditions of that approval, notwithstanding the size limitation in §170-39.1(C). 2. Any enlargement or modification that increases the size of the accessory unit beyond what was approved shall require compliance with §170-39.1 and all other applicable requirements of Chapter 170. SECTION 4. Amendment to §170-19.A, R-1 Low Density Residential District. §170-19.A(6) is amended as follows: 6. One accessory apartment created within single-family dwelling units, provided that: [Added 12-18-2001 by Ord. No. 10-01] a. The apartment units are within a dwelling that existed at the time of adoption of this chapter. b. The owner of the dwelling resides permanently within the dwelling. c. One parking space per apartment unit and two parking spaces for the primary dwelling are provided on the parcel. d. Parking areas are adequately screened from adjacent lots and roadways. 6. Accessory Dwelling Unit (ADU). One (1) accessory dwelling unit (ADU) may be established on a lot containing a single-family detached dwelling, subject to §170-39.1. SECTION 5. Amendment to §170-20.A, R-2 Medium Density Residential District. §170-20.A(6) is amended as follows: 6. One accessory apartment created within single-family dwelling units, provided that: [Added 12-18-2001 by Ord. No. 10-01] a. The apartment units are within a dwelling that existed at the time of adoption of this chapter. b. The maximum number of apartments shall not exceed the maximum permitted density and shall not in any case exceed four apartment units on any one lot. c. The owner of the dwelling resides permanently within the dwelling. Page 4 of 6 d. One parking space per apartment unit and two parking spaces for the primary dwelling are provided on the parcel. e. Parking areas are adequately screened from adjacent lots and roadways. 6. Accessory Dwelling Unit (ADU). One (1) accessory dwelling unit (ADU) may be established on a lot containing a single-family detached dwelling, subject to §170-39.1. SECTION 6. Amendment to §170-20.C, R-2 Special Exceptions. §170-20.C(10) is amended as follows: 10. One accessory apartment in a detached building, provided that: [Added 8-3-2006 by Ord. No. 03-06] a. The subject lot is at least 10,000 square feet; b. The minimum yard requirements, height and total lot coverage do not exceed the standards set forth in this chapter for the R-2 Zone; c. The owner of the dwelling resides permanently within the main dwelling unit; d. There is at least one off-street parking space for the apartment unit and at least two off- street parking spaces for the main dwelling; e. Parking areas are adequately screened from adjacent lots and roadways; f. There is no more than one accessory apartment on any lot; and g. The building with the apartment must be subservient to, smaller in scale than, and architecturally complimentary to the main residence. 10. Reserved. SECTION 7. Amendment to §170-22.A, Central Business District. §170-22.A is amended by adding new §170-22.A(13)(a) as follows: 13.a. Accessory Dwelling Unit (ADU). One (1) accessory dwelling unit (ADU) may be established only in conjunction with a single- family detached structure permitted under §170-22(A)(13), subject to §170-39.1. SECTION 8. Amendment to §170-29.1, Traditional Neighborhood Development District. §170-29.1.C(1), Residential Uses, is amended by adding a new permitted residential use as follows: 1. Residential Uses a. Single-family detached dwellings. i. Accessory dwelling units (ADUs) in conjunction with single-family detached dwellings, subject to §170-39.1. b. Cottage Dwellings. Page 5 of 6 c. Single-family attached: i. Two-family dwellings. ii. Semi-attached dwellings. iii. Townhouses. d. Multi-family dwellings. e. Residential uses above commercial, retail, and service uses §170-29.1(E)(1)(a) is amended as follows: a. Accessory dwelling units in conjunction with single family detached dwellings. b.a.Special needs housing. §170-29.1(F)(1) is amended as follows: 1. Number of dwelling units permitted. The number of residential dwelling units and the amount of nonresidential development (excluding open spaces) shall be determined as follows: a. The maximum residential density for a development tract shall not exceed eight (8) dwelling units per acre. b. A maximum of one accessory dwelling unit may be permitted on a single-family lot. However, the total number of accessory dwelling units shall not be more than 15% of the total number of single-family detached units. c.b. Dwelling units constructed above retail and service uses may be permissible and inclusive of the total number of dwelling units authorized under this section. SECTION 9. Amendment to §170-42(K)(4), Buffer Yard Exemption. §170-42.K(4) is amended as follows: 4. Accessory apartments or an Accessory Dwelling Unit on lots that are in single-family residential use and the use of an existing single-family house for a bed-and-breakfast establishment or short-term rental are exempt from this requirement. Page 6 of 6 RULES OF THE TOWN OF CENTREVILLE PLANNING COMMISSION ARTICLE I. AUTHORITY AND PURPOSE Section 1. Authority These Rules are adopted in accordance with authority contained in Land Use Article Section 2-101 et seq., of the Annotated Code of Maryland; Title 10, Subtitle 5, of the State Government Article of that Code; and the Town of Centreville Zoning Ordinance and Subdivision Regulations. In the event of any conflict between these Rules and those authorities, the latter shall control. Section 2. Purpose These Rules are designed to facilitate the conduct of the Commission's proceedings and to assist citizens having business before the Commission. ARTICLE II. OFFICERS Section 1. Officers At any regular meeting held in May of each year and at any time during the year when a vacancy occurs in such offices, the Commission will elect a Chairman, a Vice Chairman, and a Secretary, each of whom will serve until the regular meeting held in May of the following year and until a successor is elected. An officer is eligible for reelection. Section 2. Chairman The Chairman, will, when present, preside at all meetings of the Commission and will have the authority to sign and execute on behalf of the Commission all plats and other instruments approved in accordance with the Town of Centreville Zoning Ordinance. Section 3. Vice Chairman In the absence of the Chairman, the Vice Chairman will preside at all meetings of the Commission and will perform all duties of the Chairman. However, the Vice Chairman may not enter the approval of the Commission with respect to a subdivision plat. Section 4. Secretary The Secretary will have authority to sign and execute on behalf of the Commission all plats and other instruments approved in accordance with the Town of Centreville Code. ARTICLE III. MEETINGS Section 1. Open Meetings / Public Inspection of Applications (a) Except to the limited extent provided in Section 11, no matter will be discussed or acted upon by the Commission at a closed meeting. (b) Subject to the availability of equipment and appropriations from the Town Council, all meeting places shall be configured and equipped so that presentations can be seen and heard by all present. (c) Videotaping, televising, or photographing may be performed from the back of the meeting room with a stationary camera so as not to disrupt the proceedings of the meeting. (d) The files for all applications, including plats and plans, are available for public inspection by request at any time during normal business hours at Town Hall or at other designated areas. (e) The Planning Commission will hear comments from the public during the first and last fifteen (15) minutes of each regularly scheduled meeting on issues pertaining to planning and zoning in the Town of Centreville. A sign-up sheet will be made available before each regularly scheduled meeting. Each speaker will be allowed three (3) minutes. (f) The Planning Commission may hear comments from the public, including applicants and citizens proposing text or map amendments, before taking action on development applications or text or map amendments. Section 2. Regular Meetings The Commission will hold at least one regular meeting each month. At the regular meeting held in May, the Commission will establish a tentative schedule for regular meetings. The tentative date of any regular meeting may be changed by the Commission or the Chairman. Section 3. Special Meetings Special meetings of the Commission will be held at the written request of the Chairman or at least four (4) three (3) of its members. The request will state the purpose of the meeting and the matters proposed for consideration. The Chairman will designate the time of the meeting. Section 4. Place of Meetings All meetings of the Commission will be held in a place designated by the Chairman and stated in the notice of the meeting. Section 5. Official Notice of Meetings (a) In accordance with § 3-302 of the General Provisions Article of the Annotated Code of Maryland, the Commission has given public notice that notice of any meeting or session which is required to be an open session will be given in accordance with this section. (b) Such notice will be: 1. In writing; 2. Include the date, time and place of the meeting or session and any other information required by law or the Town of Centreville Zoning Ordinance with respect to a required public hearing referred to in Article IV; and 3. Posted in the lobby of Town Hall, 101 Lawyers Row, Centreville, Maryland, and on the Town’s official website (www.townofcentreville.org) at least seven (7) days prior to any regular meeting and at least three (3) days prior to any special meeting of the Commission. Section 6. Agenda (a) In addition to the official notice required by Section 5, an agenda of any meeting of the Commission will be provided in accordance with this section. (b) The agenda will include: 1. The information contained in the official notice required by Section 5; 2. Specific reference to each site plan or subdivision or other matter which is to be considered at the meeting; and 3. A general description of the type of consideration or action contemplated with respect to each such matter (for example, preliminary or final approval). (c) The agenda of all meetings will be provided to each member of the Commission. (d) The agenda of a special meeting will include a statement of the specific purpose(s) for which the meeting has been called. (e) Any defect in an agenda referred to in this section (including failure of the agenda to refer to any matter considered by the Commission) will not affect any action taken by the Commission. Section 7. Action at Meetings (a) At any regular meeting, the Commission may take any action authorized by the Town of Centreville Zoning Ordinance. (b) At any special meeting, the Commission may take action only with respect to matters stated in the agenda referred to in Section 6. (c) It is the policy of the Commission that, ordinarily: 1. No action will be taken with respect to any subdivision or site plan or other matter which is not referred to in the agenda for that meeting; 2. No final subdivision or site plan approval will be given at a special meeting; 3. Both preliminary and final approval will not be given to any subdivision or site plan at the same meeting. (d) The provisions of subsection (c) may be waived at any meeting of the Commission upon the affirmative vote of at least five (5) three (3) Commission members and their recorded findings that: 1. such waiver is in the public interest; 2. stated special reasons exist for a departure from the policy of the Commission; 3. those reasons do not involve to any degree any delay or inaction by the person for whom the policy is waived; 4. the purpose of providing prior notice of action to be taken at a regular meeting will not be unduly compromised; and 5. the Department of Planning and Zoning has certified that no further time is required to make any determination required by the Town of Centreville Zoning Ordinance. Section 8. Quorum and Vote (a) At any meeting, the presence of at least four (4) three (3) Commission members will constitute a quorum with respect to any action which may be taken at the meeting. (b) Unless a greater number is required by law or by these Rules, a majority of the members present and eligible to vote on a matter will be sufficient to take any action with respect to that matter. (c) No Commission member may vote, or be counted as a member of the quorum, by proxy. (d) With respect to any matter upon which the Town Council member of the Commission is not eligible to vote, that member will not be considered for any purpose under this section. (e) Members may participate virtually (i.e. video or telephone) in meetings provided the technology and staff are available to facilitate the participation. Only members that are physically present at the meeting shall count towards a quorum. Section 9. Minutes / Record of Action (a) Written minutes of all meetings of the Commission will be provided in accordance with this section as soon as practicable after any meeting. (b) Minutes of the Commission will reflect: 1. each item or matter considered by the Commission; 2. the action taken by the Commission with respect to each item or matter; and 3. each vote which was recorded. (c) Record of the action taken by the Commission on each item set forth in the agenda, after approval of minutes of that meeting, shall be posted on the Town of Centreville official website. Section 10. Effect of Minutes (a) Except as otherwise provided in this section, minutes of any meeting of the Commission are tentative and unofficial until approved by the Commission at a subsequent meeting. (b) Prior to such approval of the minutes, any specific action taken by the Commission may be certified by: 1. the Secretary of the Commission, to the extent that such action is contained in a resolution which was read in its entirety to the Commission immediately prior to the vote by which it was adopted; or 2. the Chairman or another person specifically designated by the Commission to make such certification, if the Commission directs that its action be accompanied by interpretive or qualifying comment. (c) Nothing in this section shall be construed to authorize any person, other than the Chairman or the Secretary, to evidence the Commission's approval of any subdivision plat. Section 11. Closed Meetings (a) The Commission may meet in a closed meeting or adjourn an open meeting to a closed meeting only for a purpose referred to Section 3-305 of the General Provisions Article of the Annotated Code of Maryland. (b) If a closed meeting is held, the minutes of the next open meeting will include: 1. a statement of the time, place and purpose of the closed meeting; 2. a record of the vote of each member as to the reason for closing the meeting; and 3. a reference to the specific provision referred to in subsection (a) for which the meeting was closed. 4. a listing of the topics of discussion, persons present, and each action taken during the closed session. ARTICLE IV. HEARINGS Section 1. Definition As used in this Article: 1. "hearing" means that portion of any meeting of the Commission at which a person appears for the purpose of seeking any action by the Commission, including approval of a site plan or subdivision. 2. "required public hearing" means a hearing which the Commission is specifically required to hold as a public hearing and for which special notice is required by law or by the Town of Centreville Zoning Ordinance (for example, a public hearing with respect to comprehensive rezoning, amendment of the comprehensive plan or amendment of the subdivision regulations). 3. "interested person" means a person who has an interest in any issue to be determined at a hearing and includes the Zoning Administrator or a member of the Department of Planning and Zoning designated by him and any attorney or agent who is duly authorized to appear on behalf of an interested person. Section 2. Notice of Required Public Hearing In addition to the official notice required by Article III of these Rules, the Commission will give such additional notice of a required public hearing as may be required by law or the Town of Centreville Zoning Ordinance. Section 3. Reception of Evidence (a) At any hearing, an interested person may present evidence and, at the conclusion of the reception of evidence, may present summation and argument with respect to each issue to be established at a hearing. (b) Evidence, summation and argument must be: 1. probative and 2. of a type which would be accepted by reasonable and prudent individuals in the conduct of their private affairs. (c) Evidence may include relevant documentary evidence, testimony of witnesses, cross examination of other witnesses and rebuttal evidence with respect to any evidence submitted on behalf of any other interested person. (d) The Commission may: 1. limit or exclude any evidence which is not of a type referred to in subsection (b); 2. limit or exclude any evidence, argument or summation which is incompetent, irrelevant, immaterial, unduly repetitious or recognized as privileged under Maryland law; 3. establish a reasonable limitation upon the time for the presentation of evidence with respect to any issue and provide a reasonable allocation of that time among interested persons having different points of view with respect to that issue; and/or 4. establish a reasonable limitation upon the time for the presentation of summation or argument with respect to any or all issues and provide a reasonable allocation of that time among interested persons having different points of view with respect to such issues. Section 4. Consideration of Evidence In deciding any matter with respect to which a hearing is held, the Commission will only consider: 1. evidence presented at a hearing; 2. facts which could be judicially noticed by a court of record in Queen Anne's County; and 3. facts of a general, technical or scientific nature within the specialized knowledge of that Commission. 4. written testimony may be accepted up to three (3) days prior to a hearing, with exceptions permissible solely by the Chairman. ARTICLE V. AMENDMENT Any provision of these Rules may be amended by the affirmative vote of at least five (5) three (3) members of the Commission, inclusive of the Chairman, at any open meeting, if the subject of the amendment was specifically referred to in the agenda circulated to the Commission prior to that meeting in accordance with Article III. ARTICLE VI. ADOPTION Adoption of these Rules shall occur by the affirmative vote of at least five (5) three (3) members of the Commission, inclusive of the Chairman, at any open meeting. TOWN OF CENTREVILLE, MARYLAND PLANNING & ZONING COMMISSION BYLAWS ARTICLE I PREAMBLE Section 1.1. Creation. A Planning and Zoning Commission for the Town of Centreville shall be hereby established in accordance with the Land Use Article, Section 2-101 and vested with all of the powers and duties thereby conferred by the Land Use Article, the Centreville Zoning Ordinance, and the Centreville Subdivision Regulations. Section 1.2. Short title. The Town of Centreville Planning and Zoning Commission also shall be known and referred to as the Centreville Planning Commission. Section 1.3. Composition. The Planning Commission shall be comprised of seven (7) five (5) voting members and one (1) ex-officio (non-voting) member, who shall be a member of the Town Council, appointed by the Town Council. All regular members of the Planning Commission shall be primary residents of the Town of Centreville. Section 1.4. Term of membership. In accordance with the Land Use Article, the term of each voting member shall be five (5) years with staggered appointments. The term of the ex-officio member shall be the term for which the ex-officio member is appointed by the President of the Town Council. Section 1.5. Removal from membership. In accordance with the Land Use Article, members of the Planning Commission may, after a public hearing, be removed by the Town Council for inefficiency, neglect of duty, or malfeasance in office. Once a decision to remove a member has been made, the Town Council, shall file a written statement of the reasons for said removal, which shall be made a part of the official minutes of the meeting. Section 1.6. Vacancies. In accordance with the Land Use Article, vacancies occurring other than through the expiration of term shall be filled for the unexpired term by the appointing authority specified in Article I, Section 1.3 of these Bylaws. Section 1.7. Alternate Members. In accordance with the Land Use Article, the Town Council may appoint alternate members of the Planning Commission, who may sit on the Commission in the absence of any regular member. The alternate member shall be a primary resident of the Town of Centreville. When the alternate member is required to fill a regular member's position on the Commission or is otherwise unable to attend meetings for an extended period of time, the Town Council may designate a temporary alternate to sit on the Commission. Section 1.8. Consistency with the Land Use Article. Whenever a conflict or discrepancy is determined to exist between the wording in these Bylaws and the applicable governing Section of the Land Use Article is found to exist, then the effective provisions of the Maryland Annotated Code shall govern and supersede the specific wording of these Bylaws, until such time as the conflict or discrepancy is eliminated. Where such conflicts are discovered to exist, the Planning Commission shall proceed to update and amend the Bylaws to eliminate said conflict or discrepancy at its earliest convenience. 1 ARTICLE II OFFICERS The officers of the Planning Commission shall consist of a Chairman, a Vice-Chairman, and a Secretary. All officers shall be members of the Planning Commission. Section 2.1. Chairman. The Chairman shall preside at all meetings of the Planning Commission and at other meetings and public hearings called by the Planning Commission. a. The Chairman shall decide all points of order or procedure and perform any duties required by law, ordinances, these rules, or the Planning Commission. b. The Chairman shall call special meetings of the Planning Commission when required and shall transmit reports, plans, and recommendations of the Planning Commission to the Town Council, and, in general, shall act as spokesman for the Planning Commission. c. The Chairman shall be one of the seven (7) five (5) appointed voting members of the Planning Commission. d. The Chairman may, at his/her discretion, establish any special committee consisting of member of the Planning Commission and (if deemed necessary) Town support staff to fulfill a responsibility or charge of the Planning Commission. Section 2.2. Vice-Chairman. The Vice-Chairman shall serve as Chairman in the absence or the disability of the Chairman. a. In the event of the death, removal, or resignation of the Chairman, the Vice-Chairman shall perform the Chairman's duties until such time as the Planning Commission shall elect a new Chairman and/or Vice-Chairman, as the case may be. b. The Vice-Chairman shall be an appointed regular member of the Planning Commission. Section 2.3. Secretary. The Planning Commission shall designate one of its members to act as Secretary of the Commission. a. The Secretary or designated Town staff shall assist the Chairman in the preparation of an agenda for Planning Commission meetings, shall review and sign all subdivision plats, shall prepare and send out notices for regular and special meetings, shall prepare and distribute minutes of Commission meetings, and shall establish and maintain the Planning Commission's files. ARTICLE III ELECTION OF OFFICERS Annually, at a regular meeting of the Planning Commission held in the month of May, the Commission shall elect a Chairman, a Vice-Chairman, and a Secretary. The officers may succeed themselves. However, the maximum number of consecutive terms that may be served by an officer shall not exceed 2 two for the Chairman or Vice-Chairman or three for the Secretary, unless a favorable unanimous vote of all Members present wish to allow an officer to serve an additional term. Section 3.1. Nomination of officers. Nomination of officers shall be made from the floor, and the election shall follow immediately thereafter. Section 3.2. Election vote. A candidate receiving a majority vote of the entire membership (including the sitting Chairman) of the Planning Commission shall be declared elected and shall serve for one year or until a successor shall take office. Section 3.3. Vacancies. Vacancies in offices shall be filled immediately by the regular election procedures specified in this Article. ARTICLE IV MEETINGS Section 4.1. Regular meetings. Regular meetings of the Planning Commission shall be scheduled at 7:00 p.m. on the third Wednesday of each month. If a regular meeting date falls on a Holiday observed by the Town, the regular meeting shall be scheduled on the fourth Wednesday of the month. A regular meeting may be canceled due to a lack of substantive agenda items to be addressed, meeting location scheduling conflicts, emergency conditions, inclement weather, or other acts of nature beyond the Town’s control. In the event that a scheduled meeting is canceled, the Chairman may schedule a special meeting following the procedures specified in Section 4.6 of these Bylaws or the items scheduled to be conducted at the canceled meeting shall be deferred until the next regular meeting. Section 4.2. Attendance. Each member of the Commission is obligated to attend every meeting. Should any voting or alternate member appointed by the Town Council fail to attend three or more consecutive meetings without cause acceptable to the Planning Commission, the membership of the Planning Commission may, by majority vote, petition the Town Council to appoint a replacement, due to inefficiency of the absent member. Once the Planning Commission has petitioned the Town Council for removal of a voting or alternate member, the Town Council shall consider the petition in accordance with the procedures specified in State law or Town Code. Section 4.3. Quorum. A quorum necessary for the transaction of business shall consist of four (4) three (3) voting members of the Planning Commission. Unless specifically provided otherwise by Maryland Law, ordinance, or these Bylaws, the business of the Planning Commission shall be transacted by a majority vote of members present, after a quorum has been established. Members abstaining from voting on a motion before the Planning Commission shall be counted in the determination of a quorum, but shall not be counted as a vote in favor of or in opposition on the specific motion at hand. Members may participate virtually (i.e video or telephone) in meetings provided the technology and staff are available to facilitate the participation; however, only members that are physically present at the meeting shall count toward a quorum. Section 4.4. Actions (voting) by the Planning Commission. An official action or decision by the Planning Commission shall require an affirmative majority vote of the members present, as specified above in Section 4.3 of these Bylaws. The Chairman may request a roll call vote on any motion to determine an 3 accurate accounting of the votes. When a roll call vote is requested by the Chairman, the vote of each member on the motion shall be recorded in the official minutes of the meeting. Each action by the Planning Commission shall be initiated by a motion, followed by a second of the motion by different voting members of the Commission. Discussion of the motion shall be undertaken only after it has been seconded. If a motion fails to receive a second upon the call of the Chairman, the motion shall be rejected without a vote. A motion may be revised during the discussion session and prior to the official vote only with the consent of both the member who made the motion and the member who seconded it. A voting member of the Planning Commission also may move for an amendment to the original motion during the discussion session, which must receive a second by another voting member prior to discussion and action by the Planning Commission. When a motion has been amended in this manner, the Planning Commission shall first vote on the amendment or amendments in reverse order of motion, prior to voting on the original motion. No motions shall be made to take final action on an issue subject to a public hearing until after the hearing has been closed by the Chairman and any extended open record approved by the Planning Commission during the open public hearing has expired. The Planning Commission may take action on one or more consent items under a single motion for approval, provided that there is no request for discussion on said items. If any member of the Planning Commission requests discussion on an item scheduled for consent approval, then that item shall be removed from the consent action list and subjected to a separate vote, after discussion. Voting procedures and issues not otherwise addressed in this section shall be governed by Robert's Rules of Order. Section 4.5. Order of business. The order of business at regular meetings shall be: 1. call to order, 2. chairman's comments (or announcements), 3. reading and approval of minutes of previous meeting(s) and notification of closed session, if any, 4. citizen comments, 5. appearances, 6. public hearings or meetings (continued hearings shall be conducted first), 7. unfinished business, 8. new business, 9. zoning issues, 10. miscellaneous correspondence, 11. citizen comments, 12. Town Council report, and 13. adjournment. Section 4.6. Special meetings. Special meetings of the Planning Commission shall be held upon call of the Chairman, and at such other times as the Planning Commission may determine by majority vote, provided that at least five (5) days advance notice is given in writing (which shall include e-mail) to each member. The Planning Commission may, by majority vote conducted at a regular meeting, establish a special meeting date, time, and location that will require no advance written notice to the members of the Planning Commission. No formal vote or public hearing shall be conducted at a special meeting 4 which has not been subject to the public notification procedures specified in Section 4.8 of these Bylaws. Section 4.7. Open to the public. All meetings and hearings of the Planning Commission (with the sole exception of a Closed Session) shall be open to the public. All Closed Sessions shall be conducted in accordance with the Maryland Open Meetings Act (Maryland Annotated Code, General Provisions Article, Title 3 Subtitle 3, as amended). Section 4.8. Notification. Public notice of all meetings of the Planning Commission shall be provided through the posting of a notice in a public place within Centreville Town Hall at least seven (7) days prior to the scheduled date of the meeting. Such notice shall state the date, time, and location of the meeting and the actions to be taken by the Planning Commission. Public notices for all public hearings before the Planning Commission shall be provided in the form and manner prescribed by the applicable governing statute or local code and shall be in addition to the public notice for the regular meeting at which the hearing(s) will be conducted. If no specific public notification procedures are prescribed for a matter that that Planning Commission determines to conduct a public hearing, then the hearing shall be notified by the one-time publication of a legal ad in a newspaper of local circulation within the Town not less than fifteen (15) nor more than thirty (30) days prior to the date of the hearing. Such legal ad shall specify the time, date, and location of the meeting and provide a general description of the matter to be heard. Section 4.9. Special rules for Public Hearings. All persons wishing to testify at a public hearing before the Planning Commission shall place their names on an attendance list provided by the Town at the hearing site, which shall be maintained as part of the official record of the hearing. Oral public testimonies shall not be received before the public hearing has been opened by the Chairman or after the Chairman has closed the public hearing. The Chairman may, at his/her discretion, establish time limitations on personal comments and such other special rules on public conduct as may be necessary to ensure adequate opportunity for complete and balanced public input on issues before the Planning Commission. Whenever a time limit for oral testimonies at a public hearing is established by the Chairman, then the Planning Commission shall provide an extended open record for written comments prior to closing the hearing and participants at the hearing shall be informed at the hearing of their opportunity to submit written comments to the record in addition to or in lieu of their oral testimonies at the hearing. An extended open record for written comments shall be an option for the Planning Commission at any public hearing where no time limits on oral testimonies are needed. Any extended open record shall be established by the Planning Commission prior to the close of the hearing, along with a time-and date-specific deadline for the receipt of written comments and directions on where and how (e-mail, parcel post, and/or hand-delivery) they may be submitted. The Chairman also may, at his/her discretion and after providing a verbal warning, request the removal of any citizen who repeatedly disrupts the proceeding by interrupting speakers who have the floor (speaking out of turn), makes offensive remarks (such as insults, catcalls, or actively incites support or opposition from other citizens at the hearing), or acts in a hostile, combative, confrontational, or potentially threatening manner. 5 ARTICLE V RECORDS Section 5.1. Duty of the Secretary. The Secretary shall arrange for the taking of minutes covering the proceedings of each meeting of the Planning Commission, documenting the actual vote on each question. Section 5.2. Official minutes. The minutes of a Planning Commission meeting shall not become an official record of the Planning Commission until they have been adopted by majority vote of the Planning Commission. The official minutes and all records of the Planning Commission shall constitute public records, and the Planning Commission shall arrange with the Town Council to provide for the safe keeping of those records. Section 5.3. Permanent files. In addition to the minutes of the Planning Commission, the Secretary shall arrange for the keeping of a permanent file of all official minutes, plats, maps, charts, reports, notices, resolutions, correspondence and applications filed with and issued by the Planning Commission. ARTICLE VI EMPLOYEES, CONTRACTS, AND FINANCES Section 6.1. Employees of the Planning Commission. The Planning Commission may request the Town Council and/or Town Manager to designate Town employees to assist in the work of the Planning Commission; and the Planning Commission may also recommend that the Town contract with consulting and regional planners, engineers, architects and other professionals for such services as may be required. Section 6.2. Expenditures. The expenditures of the Planning Commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the Town Council. ARTICLE VII COMMUNICATIONS WITH THE PUBLIC Until such time as the Planning Commission has adopted official minutes of a meeting, the Chairman shall serve as the official and exclusive spokesperson for all communications with the public and the media regarding the actions taken at a meeting. If a meeting was chaired by the Vice-Chairman, then the Vice-Chairman shall serve as the official and exclusive spokesperson for all communications with the public and the media regarding the actions taken at the meeting, until such time as the Planning Commission has adopted official minutes for said meeting. The Chairman or Vice-Chairman, serving in this capacity, may (at his/her discretion) refer or defer specific questions or inquiries from the public or media regarding meeting issues to the Town Manager and/or his/her designee, in accordance with applicable Town policies and procedures. All official written letters and recommendations from the Planning Commission (representing the Planning Commission as a body) shall be issued only after approval of the Planning Commission. 6 ARTICLE VIII AMENDMENTS TO THE BYLAWS The Planning Commission may from time to time amend any part or parts of these rules and regulations so long as such amendments are in accordance with the laws of the State and ordinances of the Town of Centreville; such amendments shall require the affirmative vote of three (3) five (5) voting members of the Planning Commission, inclusive of the Chairman, at any open meeting. ARTICLE IX ADOPTION OF THE BYLAWS Adoption of these Bylaws shall occur by the affirmative vote of at least five (5) members of the Commission, inclusive of the Chairman, at any open meeting. Adopted this 17th day of April by an affirmative vote of ___ to ____ with ____ member(s) abstaining or absent. ATTEST: Secretary Amended Date: Attest: (Secretary) 7