Planning staff told the Chesapeake Beach Planning & Zoning Commission on Dec. 17 that fence regulations currently enforced through the building code lack a consistent variance process, and recommended moving fence rules into the zoning code so property owners could apply to the Board of Appeals where appropriate.
Miss Franklin said the change would make rules more predictable for location, height, materials and provide an administrative variance path. She proposed matching the building-code dimensional limits in the short term (up to 6 feet in rear yards, 42 inches in front yards) while giving the commission options to refine corner-lot definitions and allowable materials.
The staff presentation also spotlighted a recurring safety complaint: large, solid vinyl fence panels have detached during storms and become hazards. "Sometimes there's some severe storms and wind... the panels are actually coming out and flying around, which is a safety hazard," Miss Franklin said. She presented alternatives (lattice, staggered panels, metal designs) and recommended requiring fencing "to allow for air circulation due to wind hazards." Commissioners asked staff to consult the town engineer on construction language for wind resistance and installation standards.
Commissioners also debated whether to add a scenic-view protection (language preventing fences from obscuring "scenic views" of adjoining property owners). Several commissioners said such a rule would be highly subjective and difficult to enforce; others noted waterfront neighborhoods have genuine view concerns. The commission agreed to separate the concepts and delete the scenic-view provision from the draft, keeping the safety-focused requirement instead.
Other points addressed:
- Grandfathering: commissioners favored allowing existing nonconforming fences to remain until they require replacement rather than forcing immediate compliance.
- Corner lots: staff presented two approaches—Option 1 (both remaining yards treated as side yards, simpler and more flexible for owners) and Option 2 (distinct rear and side yard designations, somewhat more protective of neighbors); the commission requested visual examples and both options for further review.
- Special commercial cases: the draft would allow existing commercial screening rules (e.g., 8-foot screening fences found in section 2-90-21) to remain in force.
No final ordinance vote on fences occurred at the meeting. Miss Franklin will draft engineering-based construction guidance (to address wind loads and installation) and return with updated language and visuals in January for further review by the commission.