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Chesapeake Beach planning commission approves zoning update to add fence rules; limited chain‑link ban fails
Summary
The Planning & Zoning Commission on Feb. 4 approved an amendment adding fence regulations to the zoning code (section 290‑19), clarifying measurement from finished grade and other edits. A proposed blanket ban on front‑yard chain‑link fences was debated but did not survive final action.
The Chesapeake Beach Planning and Zoning Commission approved changes on Feb. 4 that move fence regulations from the town’s building code into the zoning ordinance (section 290‑19) and make a handful of clarifying edits after discussion with staff and the commission. Planner Miss Franklin told the commission the change will allow variances to be handled through the Board of Appeals and align fence rules with land‑use enforcement rather than building permits.
The commission agreed to delete an extraneous numeral in the garden‑wall line, replace the term “natural grade” with “finished grade” to make measurement clearer, and to specify a reference date (inserted as “prior to 07/2002”) for previously erected fences. Franklin also said wind‑load and construction details remain under review by the town engineer and can be finalized by council review after the commission’s vote.
Commissioners also debated a proposal to disallow chain‑link fences in front yards while permitting them in backyards and side yards. The chair introduced an initial motion to ban front‑yard chain link but that motion failed for lack of a second; a later motion to prohibit chain link in front yards drew extended discussion about corner lots, grandfathering existing fences, double‑fencing between neighbors and animal containment, and was subject to a voice vote (the transcript records multiple ‘aye’ responses but does not include a complete roll‑call tally). Ultimately the commission did not sustain a broad chain‑link prohibition as proposed.
The commission voted to approve the omnibus amendment to section 290‑19 incorporating the agreed edits and to forward the draft to the town council. Franklin said the council intends to repeal the separate building‑code fence provision, which would let the zoning code standard of 48 inches (4 feet) remain in place. She also noted that the engineer’s wind‑load language would be incorporated before final adoption by council.
The commission gave staff discretion to draft the final ordinance language consistent with the edits discussed and signaled that enforcement questions such as grandfathering and property‑line disputes would be handled through the nonconforming‑use and variance processes already in the code. The item will move next to the town council for its review and final action.
