City of Oak Creek

Common Council Report

Meeting Date:  September 5, 2006

Item No.: 5     

Recommendation: That the Council not adopt Ordinance 2426, which would amend Chapter 17.0502 of the Municipal Code to allow driveway gates in residential zoning districts.

Background:   Earlier this year, staff received an inquiry from a resident interested in installing a gate across their driveway.  However the City’s zoning ordinance does not address the issue of driveway gates.  Staff believes that , should the City choose to permit them, these gates should be regulated in a similar manner as front-yard ornamental fences.  If amended, the ordinance would allow for driveway gates in the Rs-1, Rs-2, Rs-3, and Rs-4 single family zoning districts, the Rd-2, two-family residential district, as well as in the A-1, Agricultural, and ER, Equestrian Residential zoning districts, subject to the following restrictions:

1.         Driveway gates and support structures shall not exceed five (5) feet in height

2.         Driveway gates shall be a minimum of fifty (50) percent open space.

3.         Driveway gates shall not extend into the vision clearance triangle.

4.         Driveway gates shall not be chain link or wire fences.

5.         Driveway gates and support structures shall not encroach on public right-of-way.

The Plan Commission reviewed the proposed ordinance change.  The Commission was worried that allowing these gates in every residential district may result in a proliferation of different style gates throughout the City.  The Commission voted to recommend that the proposed changes to the Municipal Code not be adopted.

Fiscal Impact:  There is no fiscal impact.

Prepared by: Doug Seymour, AICP Director of Community Development

Respectfully submitted, Patrick DeGrave City Administrator

Fiscal Review by:

Beverly A. Buretta, CMC

City Clerk