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Council tables repeal of building-code fence rules until replacement zoning code adopted
Summary
Ordinance O-26-3, which would remove fence rules from the building code and later reintroduce them in the zoning chapter, was tabled so the repeal’s effective date can be synchronized with adoption of the replacement zoning provisions and avoid a regulatory gap.
Chesapeake Beach — The Town Council on March 19 voted to table Ordinance O-26-3, which would repeal the current fence provisions in Chapter 110 (Building Construction) and move fence rules into Chapter 290 (Zoning).
Staff explained the change is intended to prevent conflicting requirements between the building code and zoning code. To avoid a lapse in regulation, the repeal in the building code was drafted to become effective concurrently with the new zoning provisions; several council members nevertheless moved to table the repeal until the replacement zoning ordinance is adopted so there is no chance of a gap in coverage.
One council member proposed inserting a specific effective date that would align with the zoning adoption; staff said the ordinance was drafted with the intention that the effective date would correspond to the replacement ordinance so that both could be signed together and become effective simultaneously.
After discussion, the council voted to table O-26-3 so the repeal and replacement can be processed together. The item is scheduled to be reconsidered when the replacement regulations are ready for adoption.
Next steps: Staff will align the repeal language and effective date with the forthcoming zoning amendments and return the ordinance for adoption once the replacement fence provisions are ready.
