From
Chris Hartmann
Title
TA140603 - Text Amendment - Electric Fence. Approval of a Text Amendment to modify Section 3 - "Fencing" of Article 8: "Landscape and Screening" of the Unified Development Code related to the permitting of electric fencing. Owner/Applicant: City of Grand Prairie Planning Dept. (On June 2, 2014, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0.)
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
SUMMARY:
Consider a request for the approval of a Text Amendment to modify Section 3 - "Fencing" of Article 8: "Landscape and Screening" of the Unified Development Code related to the permitting of electric fencing.
OVERVIEW
The City Council Development Committee (CCDC), following a May 13, 2014 review and briefing held with City Manager staff, directed staff to initiate the preparation of an ordinance amending Article 8 “Landscape and Screening” of the Unified Development Code, City of Grand Prairie, Texas, for submittal to the Planning and Zoning Commission for a recommendation to the City Council.
The proposed changes include an amendment to Article 8 “Landscape and Screening” of the Unified Development Code, City of Grand Prairie, Texas, to modify the City’s regulations related to electrified fences as follows: Proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough.
ARTICLE 8- Landscaping and Screening
Section 2 -Definitions
Protective barrier: Permanent fence or wall that restricts direct access to the energized portions of an electrified fence. Permanent shall mean not being able to be removed, lifted or relocated without the use of a tool or equipment.
Electrified fence: A fence energized with an electrical current.
Secure area: The area bounded by the electrified fence.
Section 10 - Fencing
8.10.8 Non‐Required Non‐Residential & Multi Family Fences
8.10.8.1
Fences in non‐residential or multi family zoned areas shall be transparent at the minimum required building setback lines adjacent to streets. Transparent fencing materials include wrought iron style fences and chain link fences where at least 50% of the fence profile is transparent.
8.10.8.2
All non‐required non‐transparent fences must meet the screening fence requirements stipulated in Section 10 of this Article.
8.10.8.3
Fences in the required building setbacks adjacent to designated arterials and collectors must be of a wrought iron type design style. Fences located in Light Industrial (LI) or Heavy Industrial (HI) zoned districts may install a black vinyl chain link fence in lieu of a wrought iron type fence (see Appendix C, “Fence Standards,” Appendix V, “Fence Detail,” of the Unified Development Code for additional requirements for this substitution).
8.10.8.4 No provision contained herein shall alter any provision, which requires any business to have a screening fence.
8.10.8.5
No fence likely to endanger the health and safety of the public shall be located in or adjacent to a residential area (electrified wire (6 volt maximum), or like material). Public utilities shall be exempted.
8.10.8.6
Non‐Residential fences shall be composed of materials recognized as standard, residential grade fencing material and shall not be constructed with corrugated metal, sheet metal, or corrugated fiberglass. R‐Panel fences are permitted in the Light Industrial‐Limited Standards (LI‐LS) District only (standards for a metal fence can be found in Appendix C, “Fence Detail,” Appendix V, “Fence Detail” of the Unified Development Code).
8.10.2 8.10.9 Visibility Triangle.
On corner lots, no fence shall be constructed within a 30‐foot visibility triangle or obstruct a minimum visibility line as established by the Director of Transportation Services for an intersection. The right angle of the visibility triangle shall be established at the point where the curb lines would intersect in the street if the curbs were extended beyond the curb return radius.
8.10.10 Electrified Fences
8.10.10.1 Applicability
Electrified fences are permissible in the Light Industrial (LI) District and Heavy Industrial (HI) Districts only.
8.10.10.2 Exceptions
1. In all other zoning districts, the installation and maintenance of an electrified fence is permissible for fences containing less than two energized strands and having a minimum height of less than twenty four (24) inches measured from grade to the energized strand, provided that the provisions of Section 8.10.10.6 of Article 8 are followed.
2. Electrified fences installed for the keeping of livestock on agriculturally zoned property as defined in the Unified Development Code, provided that the provisions of Section 8.10.10.6 of Article 8 are followed.
8.10.10.3 Permit & Plan Submittal.
A building permit is required prior to the installation, repair, and alteration of electrified fences. A separate permit is required for the installation of a protective barrier. Complete applications for electrified fences shall include the following:
1. Site plan showing the location of the protective barrier and the electrified fence on the property in relationship to property lines, walkways and exiting buildings.
2. Fence details showing both the electrified fence and protective barrier, including all gates.
3. Electrical details showing the equipment, wiring diagrams, grounding, and other information to ensure compliance with the Electrical Code.
4. Energizer Output Certification Form as prescribed in Section 8.10.10.7. of Article 8.
8.10.10.4 Location Restrictions.
Electrified fences shall not be installed at the following locations:
1. Within five (5) feet of a building exit.
2. Within thirty (30) feet of a hazardous material storage or handling areas.
3. On roof tops or within buildings.
4. All residential uses
8.10.10.5 Electrified Fence Height.
Electrified fences shall be restricted to a maximum height of two (2) feet above the height of the protective barrier.
8.10.10.6 Electrical Equipment Standards.
Electrical equipment, wiring, and grounding shall comply with the provisions of this Code and the following standards:
1. The energizer output shall comply with Section 22.108 of the International Electrotechnical Commission (IEC) 60335-2-76 Standard, as amended.
2. Energizers shall provide pulsed power.
3. AC current shall not be used to energize any electrified fence.
4. The energizer shall be powered by a DC battery not to exceed 12 volts. A trickle charger and solar panels may be used to recharge the battery but shall not directly energize the fence.
5. All ground system cables shall be properly insulated.
6. The electrified fence grounding system shall not be connected to any plumbing systems.
7. Each energizer shall be connected to its own ground system and shall not be connected to any other grounding system.
8.10.10.7 Energizer Output Certification.
The applicant shall sign a form provided by the City of Grand Prairie certifying that the electrified fence energizer output characteristics comply with Section 22.108 of the IEC 6335- 2-76 International Standard, as amended.
8.10.10.8 Protective Barrier.
The perimeter of the secure area shall be protected by an additional non-electrified fence meeting the following standards:
1. The protective barrier shall be a permanent fence or wall at least six (6) feet in height above the adjacent grade, subject to the limitations of the City of Grand Prairie Zoning Ordinance. A solid wall is required when the protective barrier fence is adjacent to all residential zoning.
2. Openings in the protective barrier shall not allow for the passage of a two (2) inch sphere. The maximum vertical clearance between grade and the bottom of the protective barrier shall be two (2) inches. Exception: At rolling gates, the maximum vertical clearance between grade and the bottom of the protective barrier shall be four (4) inches.
3. The protective barrier shall be separated from the electrified fence by a minimum of six (6) inches and a maximum of twelve (12) inches. Exception: Conductive stands installed at gates installed in protective barriers shall be separated from the gate by a maximum of twelve (12) inches.
8.10.10.9 Warning Signs.
Electrified fences shall be clearly marked with warning signs. The warning signs shall be placed on the protective barrier at each entrance to the secure area and at intervals not to exceed thirty (30) feet along the entire perimeter of the fence line. Warning signs shall be located not less than five (5) feet above the adjacent walking surface.
8.10.10.10 Graphics.
Warning signs shall be printed on both sides in both English and Spanish with the following text: "WARNING ELECTRIC FENCE" and contain the international symbol for electrical shock hazard. Signs shall be reflective with a minimum two (2) inch letter height, minimum stroke of one-half (½) inch and have a contrasting background.
8.10.10.11 Knox Box or Key Switch.
A Grand Prairie Fire Department permitted and approved key switch shall be installed to provide secure access to the electrical power disconnect switch by public safety personnel. The key switch shall be located at the main entry point to the property in a location approved by the Fire Marshall.
8.10.10.12 Commercial Business Hours of Activation.
An electrified fence shall not be energized during the hours of normal business operation. However, where businesses are operating continuously on a twenty-four (24) hour basis the conductors of an electrified fence shall not be energized unless all authorized persons within or entering the secure area have been informed of the electrified fence location.
8.10.10.13 Alarm Registration.
In accordance with Section 17-63 of the Code of Ordinances, a Fire Alarm permit shall be secured prior to the operation of the security system.
As stated above, the City Council Development Committee (CCDC) directed staff to initiate the preparation of an ordinance amending Article 8 “Landscape and Screening” of the Unified Development Code, City of Grand Prairie, Texas, for submittal to the Planning and Zoning Commission for a recommendation to the City Council.
RECOMMENDATION:
The Development Review Committee (DRC) recommends approval of the proposed amendment of Article 8, “Landscape and Screening” of the Unified Development Code, City of Grand Prairie, Texas, as depicted in the attached ordinance.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 8, “LANDSCAPE AND SCREENING”, OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; TO ESTABLISH AN ELECTRIFIED FENCE REVIEW PROCESS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL.
WHEREAS, Section 1.11.3.1 of the Unified Development Code of the City of Grand Prairie, Texas states: “Amendments to the text of the Unified Development Code shall be initiated only by action of the City Council directing the City Manager to initiate such a request on be-half of the City or by the City Manager's own initiative.”; and
WHEREAS, on May 13, 2014, a review and briefing was held by City Manager staff before the City Council Development Committee of the City of Grand Prairie, Texas for consideration of a proposal to initiate an amendment to establish an electrified fence review process; and
WHEREAS, after consideration of said amendments, the City Council Development Committee of the City of Grand Prairie, Texas directed City Manager staff to initiate the preparation of an ordinance amending Article 8 “Landscape and Screening” of the Unified Development Code amending Section 2 “Definitions, Section 8.10.8, “Non-Required Non-Residential & Multi Family Fences, and creating Section 8.10.10, “Electrified Fences” establishing an electrified fence review process for submittal to the Planning and Zoning Commission of Grand Prairie, Texas for consideration of a recommendation to the City Council; and
WHEREAS, Notice was given of a public hearing on said amendments to be held by the Planning and Zoning Commission of Grand Prairie, Texas, in the City Hall Plaza Building at 7:00 o'clock P.M. on June 2, 2014, such Notice of the time and place of such hearing having been given at least ten (10) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and
WHEREAS, after consideration of said amendments, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 7 to 0 to recommend to the City Council of Grand Prairie, Texas, that said amendments should be approved since its provisions are in the public interest and will promote the health, safety and welfare of the community; and
WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building, at 6:30 o'clock P.M. on June 17, 2014 to consider the advisability of amending the Code of Ordinances and the Unified Development Code as recommended by the Planning and Zoning Commission, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1
THAT Article 8 “Landscape and Screening ” of the Unified Development Code, City of Grand Prairie, Texas, be and are amended, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough, as follows:
ARTICLE 8- Landscaping and Screening
Section 2 -Definitions
Protective barrier: Permanent fence or wall that restricts direct access to the energized portions of an electrified fence. Permanent shall mean not being able to be removed, lifted or relocated without the use of a tool or equipment.
Electrified fence: A fence energized with an electrical current.
Secure area: The area bounded by the electrified fence.
Section 10 - Fencing
8.10.8 Non‐Required Non‐Residential & Multi Family Fences
8.10.8.1
Fences in non‐residential or multi family zoned areas shall be transparent at the minimum required building setback lines adjacent to streets. Transparent fencing materials include wrought iron style fences and chain link fences where at least 50% of the fence profile is transparent.
8.10.8.2
All non‐required non‐transparent fences must meet the screening fence requirements stipulated in Section 10 of this Article.
8.10.8.3
Fences in the required building setbacks adjacent to designated arterials and collectors must be of a wrought iron type design style. Fences located in Light Industrial (LI) or Heavy Industrial (HI) zoned districts may install a black vinyl chain link fence in lieu of a wrought iron type fence (see Appendix C, “Fence Standards,” Appendix V, “Fence Detail,” of the Unified Development Code for additional requirements for this substitution).
8.10.8.4 No provision contained herein shall alter any provision, which requires any business to have a screening fence.
8.10.8.5
No fence likely to endanger the health and safety of the public shall be located in or adjacent to a residential area (electrified wire (6 volt maximum), or like material). Public utilities shall be exempted.
8.10.8.6
Non‐Residential fences shall be composed of materials recognized as standard, residential grade fencing material and shall not be constructed with corrugated metal, sheet metal, or corrugated fiberglass. R‐Panel fences are permitted in the Light Industrial‐Limited Standards (LI‐LS) District only (standards for a metal fence can be found in Appendix C, “Fence Detail,” Appendix V, “Fence Detail” of the Unified Development Code).
8.10.2 8.10.9 Visibility Triangle.
On corner lots, no fence shall be constructed within a 30‐foot visibility triangle or obstruct a minimum visibility line as established by the Director of Transportation Services for an intersection. The right angle of the visibility triangle shall be established at the point where the curb lines would intersect in the street if the curbs were extended beyond the curb return radius.
8.10.10 Electrified Fences
8.10.10.1 Applicability
Electrified fences are permissible in the Light Industrial (LI) District and Heavy Industrial (HI) Districts only.
8.10.10.2 Exceptions
1. In all other zoning districts, the installation and maintenance of an electrified fence is permissible for fences containing less than two energized strands and having a minimum height of less than twenty four (24) inches measured from grade to the energized strand, provided that the provisions of Section 8.10.10.6 of Article 8 are followed.
2. Electrified fences installed for the keeping of livestock on agriculturally zoned property as defined in the Unified Development Code, provided that the provisions of Section 8.10.10.6 of Article 8 are followed.
8.10.10.3 Permit & Plan Submittal.
A building permit is required prior to the installation, repair, and alteration of electrified fences. A separate permit is required for the installation of a protective barrier. Complete applications for electrified fences shall include the following:
1. Site plan showing the location of the protective barrier and the electrified fence on the property in relationship to property lines, walkways and exiting buildings.
2. Fence details showing both the electrified fence and protective barrier, including all gates.
3. Electrical details showing the equipment, wiring diagrams, grounding, and other information to ensure compliance with the Electrical Code.
4. Energizer Output Certification Form as prescribed in section 8.10.10.7 of Article 8.
8.10.10.4 Location restrictions.
Electrified fences shall not be installed at the following locations:
1. Within five (5) feet of a building exit.
2. Within thirty (30) feet of a hazardous material storage or handling areas.
3. On roof tops or within buildings.
4. All residential uses
8.10.10.5 Electrified fence height.
Electrified fences shall be restricted to a maximum height of two (2) feet above the height of the protective barrier.
8.10.10.6 Electrical equipment standards.
Electrical equipment, wiring, and grounding shall comply with the provisions of this Code and the following standards:
1. The energizer output shall comply with section 22.108 of the International Electrotechnical Commission (IEC) 60335-2-76 Standard, as amended.
2. Energizers shall provide pulsed power.
3. AC current shall not be used to energize any electrified fence.
4. The energizer shall be powered by a DC battery not to exceed 12 volts. A trickle charger and solar panels may be used to recharge the battery but shall not directly energize the fence.
5. All ground system cables shall be properly insulated.
6. The electrified fence grounding system shall not be connected to any plumbing systems.
7. Each energizer shall be connected to its own ground system and shall not be connected to any other grounding system.
8.10.10.7 Energizer output certification.
The applicant shall sign a form provided by the City of Grand Prairie certifying that the electrified fence energizer output characteristics comply with section 22.108 of the IEC 6335- 2-76 International Standard, as amended.
8.10.10.8 Protective barrier.
The perimeter of the secure area shall be protected by an additional non-electrified fence meeting the following standards:
1. The protective barrier shall be a permanent fence or wall at least six (6) feet in height above the adjacent grade, subject to the limitations of the City of Grand Prairie Zoning Ordinance. A solid wall is required when the protective barrier fence is adjacent to all residential zoning.
2. Openings in the protective barrier shall not allow for the passage of a two (2) inch sphere. The maximum vertical clearance between grade and the bottom of the protective barrier shall be two (2) inches. Exception: At rolling gates, the maximum vertical clearance between grade and the bottom of the protective barrier shall be four (4) inches.
3. The protective barrier shall be separated from the electrified fence by a minimum of six (6) inches and a maximum of twelve (12) inches. Exception: Conductive stands installed at gates installed in protective barriers shall be separated from the gate by a maximum of twelve (12) inches.
8.10.10.9 Warning signs.
Electrified fences shall be clearly marked with warning signs. The warning signs shall be placed on the protective barrier at each entrance to the secure area and at intervals not to exceed thirty (30) feet along the entire perimeter of the fence line. Warning signs shall be located not less than five (5) feet above the adjacent walking surface.
8.10.10.10 Graphics.
Warning signs shall be printed on both sides in both English and Spanish with the following text: "WARNING ELECTRIC FENCE" and contain the international symbol for electrical shock hazard. Signs shall be reflective with a minimum two (2) inch letter height, minimum stroke width of one-half (½) inch and have a contrasting background.
8.10.10.11 Knox Box or Key switch.
A Grand Prairie Fire Department permitted and approved key switch shall be installed to provide secure access to the electrical power disconnect switch by public safety personnel. The key switch shall be located at the main entry point to the property in a location approved by the Fire Marshall.
8.10.10.12 Commercial business hours of activation.
An electrified fence shall not be energized during the hours of normal business operation. However, where businesses are operating continuously on a twenty-four (24) hour basis the conductors of an electrified fence shall not be energized unless all authorized persons within or entering the secure area have been informed of the electrified fence location.
8.10.10.13 Alarm Registration.
In accordance with section 17-63 of the Code of Ordinances, a Fire Alarm permit shall be secured prior to the operation of the security system.
SECTION 2
THAT any electrified fence in existence that was otherwise lawfully in use, as of the effective date of this ordinance, may continue to operate as a legally established non-conforming use under the regulations of the Unified Development Code and providing that staff use “common sense” when evaluating any proposed change to a legally established non-conforming use that could otherwise be deemed an increase in scope or intensity of said non-conforming uses; and
SECTION 3
THAT all other provisions of the Code of Ordinances and Article 8 “Landscape and Screening” of the Unified Development Code, not included in this amendment, shall remain in full force and effect, save an except for necessary modifications to the “Table of Contents” affecting page numbering, and for necessary modifications to related terminology or phrases that have been modified by this amendment that will affect a similar modification to interrelated terminology and phrases cross-referenced in other Articles in the Unified Development Code.
SECTION 4
THAT if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provisions and such holding shall not affect the validity of the remaining portions thereof.
SECTION 5
THAT all of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved of all personal liability for any damage that might occur to persons or property as a result of any act required or permitted in the discharge of his said duties.
SECTION 6
THAT any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined in an amount not to exceed two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative or other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 7
THAT this ordinance shall be in full force and effect from and after its passage, approval and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 17th Day Of June, 2014.
ORDINANCE NO. 9731-2014
CASE NO. TA140603