Title
An Ordinance amending Chapter 7 (the “Unified Development Code” or “UDC”) of the Code of the City of Colorado Springs 2001, as amended, as related to battery-charged electric fencing and security detection fencing systems.
(Legislative)
Related Files: CODE-25-0002
Located in All Council Districts
Presenter:
Johnny Malpica, Senior Comprehensive Planner, City Planning Department
Kevin Walker, Planning Director, City Planning Department
Body
Summary:
Owner: City of Colorado Springs
Initiating Agency: Planning Department
Location: City-wide
The City of Colorado Springs’ Battery-Charged Electric Fencing Ordinance (See Attachment 1 - Ordinance) revises the City’s Unified Development Code (UDC) to permit a previously allowed private improvement associated with industrial and commercial uses while also complying with recent state legislation concerning the use of electronic fence detection systems. Prior to the June 5, 2023, the ReTool project implementation date, both fencing typologies were permitted in association with commercial and industrial uses under the previous Unified Development Code (Chapter 7). The City’s current UDC does not include these uses, impacting properties that rely on these types of fencing systems for security purposes. As such, this ordinance addresses this impact by again allowing these uses when in association with commercial and industrial uses.
Background:
Throughout the City of Colorado Springs, approximately sixteen battery-charged electric fencing systems were approved in association with commercial and industrial development projects between 2009-2024. Prior to the City’s UDC Update (ReTool), the City’s previous Zoning and Subdivision Code (Chapter 7) provided requirements specific to fencing, although was void of language specific to electric fencing. As such, these private site improvements were presumed to be permitted when erected in association with commercial and industrial land uses under Chapter 7.
Following the City’s UDC Update (ReTool), which was effective on June 5, 2023, specific fencing typologies were added including electric shock fencing systems, which were intentionally permitted in association with agricultural uses only. It should be noted that while electric shock fencing systems used for agricultural purposes are reliant on direct current electricity and differ significantly from the battery-charged electric fencing systems that are proposed within this ordinance, the UDC is presently silent on the latter and as such is presumed to be non-permitted throughout the City. This impacted and continues to impact certain commercial and industrial businesses who rely on these types of security systems to protect high-value assets including construction equipment, vehicles, and other high-value consumer goods. To date, a number of businesses have been unable to update, maintain, or obtain new approval for certain types of battery-charged electric fencing systems and have either resorted to a different security detection fencing system or abandoned the proposal altogether. In addition, new state legislation has been passed regarding municipalities’ ability to permit specific types of battery-charged electric fencing systems. Considering this quandary, representatives of the industry have requested that the City address this code oversight to permit battery-charged electric fencing systems when in association with commercial and industrial land uses, as was previously permitted under Chapter 7.
The proposed Battery-Charged Electric Fencing ordinance adds language to UDC Section 7.4.910 which permits these types of fencing systems in association with commercial and industrial land uses. In doing so, this ordinance promotes best practices and ensures that businesses may reasonably protect their assets in a way that is harmonious to their surrounding context.
Review Criteria:
The subject Amendment to UDC Text application was initiated by the City of Colorado Springs Planning Department at the request of industry partners and City Administration after the implementation date (06/05/2023) of the City’s Unified Development Code. Per UDC Section 7.5.702 Amendment to UDC Text, this section establishes standards and provide a mechanism for the City to review and decide on an application to amend the text of this UDC.
An application for an Amendment to UDC Text shall be subject to the following criteria for approval:
1. The Colorado Springs Comprehensive Plan and other plans adopted by City Council.
2. The current conditions and character of current structures and uses in each zone district.
3. The most desirable use of land in each zone district.
4. The conservation of sensitive environmental features.
After evaluation of the UDC Text Amendment application for the Battery-charged Electric Fencing and Security Detection Fencing Systems Ordinance, City Planning staff finds that the application meets the approval criteria as set forth under City Code Section 7.5.702.D Approval Considerations.
Previous Council Action:
N/A
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
City Planning Commission, at their regularly scheduled meeting on June 11, 2025, recommended adoption of the ordinance amending portions of the UDC related to battery-charged electric fencing and security detection fencing systems. City Planning Commission voted 6-0-3 (Commissioner Cecil, Gigiano, and Rickett absent) to recommend approval to City Council the UDC Text Amendment application.
Recommended Action
Proposed Motions:
Should the City Council wish to approve the [type of application if multiple] application, the following motion is suggested:
Adopt an Ordinance amending Chapter 7 (Unified Development Code) of the Code of the City of Colorado Springs 2001, as amended, pertaining to battery-charged electric fencing and security detection fencing systems.
Should the City Council wish to deny the UDC Text Amendment application, the following motion is suggested.
Deny an Ordinance amending Chapter 7 (Unified Development Code) of the Code of the City of Colorado Springs 2001, as amended, pertaining to battery-charged electric fencing and security detection fencing systems.
Summary of Ordinance Language
An Ordinance amending Chapter 7 (the “Unified Development Code” or “UDC”) of the Code of the City of Colorado Springs 2001, as amended, as related to battery-charged electric fencing and security detection fencing systems.