City of Oak Creek

Common Council Report

Meeting Date:  August 16, 2005

Item No.:         10

Recommendation:  That the Council consider Ordinance No. 2364 amending sections 17.0502 & 17.1401 of the municipal code regarding ornamental fences.

Background:  In August of 1999 the Common Council adopted an Ordinance that would allow for four (4) foot high fences in residential side yards.  For some reason the amended ordinance removed a section of the code that allowed for the construction of ornamental fences up to three (3) feet in height in residential front yards. City staff is now seeking to place ornamental fence restrictions back into the ordinance.  The language would read as follows:

“Ornamental Fences, as defined in section 17.1401 of this Ordinance, are permitted, upon the issuance of a building permit, adjacent to the lot line in any district, but shall not exceed a height of three (3) feet when located in the front yard or street yard in a residential district. Ornamental fences must maintain a minimum of fifty (50) percent open space between boards or other fence material.  Ornamental fences shall comply with the traffic visibility requirements set forth in Section 17.0401 of this Ordinance.  Ornamental fences shall not be chain link fences.”

The zoning ordinance still contains a definition of ornamental fences. However staff would like that definition amended to require a minimum of fifty (50) percent open space between boards or other fence materials, the revised definition would read as follows:

“Fence, Ornamental.  An architecturally attractive fence with a minimum of fifty (50) percent open space intended to decorate, accent, or frame a feature of the landscape. Ornamental fences are often used to identify a lot corner or lot line; or frame a driveway, walkway, or planting bed. Ornamental fences are often of the rail, or wrought iron type. A chain link fence is not considered an ornamental fence.”

The Plan Commission has reviewed this proposed amendment, and has recommended that it be approved.

Fiscal Impact:  There is no fiscal impact associated with this change. 

Prepared by: Doug Seymour, AICP Director of Community Development

Fiscal Review by: Beverly A. Buretta, CMC City Clerk