[Code 1997, § 14-181; Ord. No. 328, 12-3-1992]
(a) 
The general purpose of this article is to permit a degree of latitude in the placement and construction of fences and swimming pools, recognizing individual creativeness, originality and good judgment, and in keeping with established standards of residential building within the village.
(b) 
All fences and swimming pools constructed within the village shall be erected or installed for the enjoyment of the owner but shall not cause injury in comfort or enjoyment of property to neighbors or the neighborhood.
[Ord. No. 22-737,[1] 11-17-2022]
(a) 
The village is fortunate to have a rich natural diversity of properties that include waterfront, ravines, a variety of densely-planted, mature trees, and open green spaces. Many residents have selected this area to live based on a desire to enjoy these natural surroundings and this feeling of open space. A fence, wall, architectural screening device, driveway gate or arbor can sometimes be in contradiction to this desire. Also, a fence can have a strong visual impact on the neighboring properties. For these reasons, all fence, wall, architectural screening devices, driveway gate and arbor are subject to review by the architectural review committee. It is important that homeowners discuss their fence project with the surrounding neighbors before submitting plans to avoid potential conflicts and to identify concerns before they become major issues. The following regulations are established to ensure that the village retains the openness and semirural character of its landscape:
(1) 
Permit required. No person shall erect or construct any fence, wall, driveway gate, architectural screening device or arbor, unless specifically exempted by the provisions of this subsection, on any property within the village without having first obtained a permit from the building inspector and having paid the fee prescribed from time to time by the village board. A survey by a licensed surveyor or Geographic Information Systems (GIS) image of property and current structures shall be submitted with each application for a fence, wall, architectural screening device, driveway gate or arbor. The survey or GIS image shall show the location of the proposed fence, wall, architectural screening device, driveway gate or arbor in relation to the property line as well as the main structure on the property. The building inspector shall deny a permit application if the proposed fence, wall, architectural screening device, driveway gate or arbor is in the right-of-way or if its proposed location will impede visibility of vehicular traffic.
(2) 
Replacement or reconstruction. If an existing fence, wall, architectural screening device, driveway gate or arbor is substantially or destroyed or becomes deteriorated to a material degree, it may be replaced or reconstructed in the same location, height, and materials by first obtaining a permit, provided that the replacement or reconstruction must be completed within 12 months of the removal. All other replacement or reconstruction of existing fences, walls, architectural screening devices, driveway gates, or arbors must fully comply with the terms of this chapter.
(3) 
Temporary fences. With the exception of construction barriers, no temporary fences less than 30 linear feet shall be erected and left in place for more than 14 days without first obtaining permission from the village manager or designee. No temporary fence shall be installed for a period exceeding 90 days. Temporary fences greater than 30 linear feet shall be reviewed and considered by the architectural review committee prior to receiving and permit and installation. Temporary fences that are shielded from view by nature of their location, not seen by the public, or neighboring property owners, do not require permission by the village manager or designee. Temporary fence applications may be referred to the architectural review committee by the village manager.
(4) 
Lake, bluffs, and ravines. Where property abuts Lake Michigan or is located on a bluff or a ravine in such a locale that construction of a fence, wall, architectural screening device, driveway gate, or arbor would materially obstruct the aesthetic views of adjoining and surrounding property owners, ARC may deny a permit based upon their determination that there is a substantial negative impact upon the aesthetic enjoyment of surrounding properties. Any affected party may appeal the ARC's determination to the board of appeals within 30 days of the ARC's determination. No fence, wall, architectural screening device, driveway gate or arbor shall be constructed on the side of ravine or bluff in violation of village Code.
(5) 
Construction in right-of-way prohibited. Any fence, wall, architectural screening device, driveway gate, or arbor that is erected in a street right-of-way or impedes traffic visibility may be removed by the village at any time.
(6) 
Definitions. For purposes of this subsection, the following terms shall have the following meanings: the terms "front yard," "rear yard" and "side yard" shall be defined as set forth in this chapter.
ARBOR
Means any structure intended to provide a support system for plantings or to designate an aesthetically pleasing outdoor seating or walk area.
ARCHITECTURAL SCREENING DEVICE
Means any self-standing fence, wall type of structure employed for gardening, screening, ornamental, property boundary delineation, decorative, signage, or landmark purposes.
DRIVEWAY GATE
Means a fence that opens and closes across a driveway.
FENCE
Means a structure which creates an enclosure, barrier, or boundary, having a set or permanent location in the ground, or which is attached to something having a permanent location on the ground. A fence is considered to be a structure.
FINISHED LOT GRADE
Does not include constructed berms, artificial hills, and mounds.
HEIGHT
Does not include two inches of clearance at the bottom of the fence, nor does it include two inches in excess of the height limitation of the fence posts.
OPEN FENCE
Means a structure of rails, planks, stakes, strung wire, or similar material erected as an enclosure, barrier, or boundary. Open fences are those with more than 50 percent of their surface area open for free passage of light and air.
ORNAMENTAL FENCE
Means a structure whose primary purpose is to decorate, accent, or frame a feature of the landscape or premises.
SOLID FENCE
Solid fences are those with 50 percent or less of their surface open for free passage of light and air and designed to conceal from view the activities conducted behind them.
WALL
Means substantially a solid masonry, wood, or composite structure which shall be self-supporting, but is not incorporated into an enclosed structure, and shall include any non-enclosed structure having as its purpose the denomination or accent of driveways or entryways.
(7) 
Construction standards. Fence, walls, architectural screening devices, driveway gates or arbors shall be constructed in such a manner that the "finished" side shall face the neighboring property. Fence posts shall be on the side of the fence facing the permit applicant's property. Fences should be adhered to fence posts; non-compliance shall result in immediate removal of posts delineating property boundaries. Fences shall be constructed of wood or other wood-simulated natural-appearing materials, wrought iron or other metal materials generally employed to obtain an aesthetically pleasing appearance. Open fences may be permitted; however, barbed wire, electric wire, chicken wire, or double or triple strand wire are prohibited. The architectural review committee may consider aesthetically appealing, decorative cable or wire may be used in the construction of a fence, when approved by architectural review committee.
(8) 
Location and height restrictions. Subject to the following exceptions, a fence, wall, architectural screening device, driveway gate, or arbor may be permitted up to the lot line in the side and rear yard of any property in Bayside. A fence, wall, architectural screening device located in a rear or side yard shall not exceed a height of six feet from the finished lot grade and shall not project forward of the front line of the principal building. An arbor shall not exceed a height of eight feet from the finished lot grade and shall not project forward of the front line of the principal building.
a. 
In the event a building is irregularly configured, such as an L- or V-shaped structure, or the building is located upon a corner lot, irregularly shaped lot, or lot which abuts more than one public or private road, such that there are or appear to be multiple front, side, or rear sides of the structure, the determination of the front, rear, or side areas, as well as the determination of the location of any fencing, shall be referred by the building inspector to architectural review committee, which shall then review the matter without requirement of any appeal fee. Architectural review committee shall consider the least obstructive alternative, and any other criteria as set forth in the provisions of this chapter which serve to balance the interests of the applicant with the interests of the surrounding property owners.
b. 
No new fence, wall, architectural screening device, driveway gate, or arbor shall be located beyond the front line of the principal building unless permitted by the board of zoning appeals by special exception after a hearing, pursuant to the procedures. The board of zoning appeals may grant a special exception under this subsection only if it finds that the fence, wall, architectural screening device, driveway gate, or arbor is reasonably necessary to protect the safety of people residing on the property. Every special exception granted by the board of zoning appeals for a driveway gate shall be conditioned upon the applicant filing with the village clerk/treasurer the written approval of the village police chief in consultation with the fire chief for the specific driveway gate and gate location that is proposed; and if such approval is denied, the special exception is thereby denied.
c. 
If the rear of the applicant's lot abuts a neighbor's side, front, or back yard, any proposed fence shall be an "open fence." Property owners are encouraged to use natural landscaping should they desire additional screening or closed fence.
d. 
An ornamental fence or architectural screening device may be allowed by the architectural review committee anywhere on the property, provided the fence or screening device does not exceed three feet in height and is set back in its entirety 20 feet or more from all boundaries of the property.
(9) 
Solid fences may be constructed with a total horizontal linear length not to exceed 30 total linear feet and at minimum ten feet from any property line except for screening along an adjacent railroad, state highway, interstate highway, county highway, or commercial parking lot property.
(10) 
Footings. All new fences are required to have a minimum of four-foot footings. Fence replacement or repair projects of existing fences are not required to incorporate footings unless the fence is being replaced or repaired.
(b) 
Notwithstanding the otherwise applicable height limitations stated elsewhere in this section, a fence may be constructed to a height of six feet from the finished lot grade on property. Such a fence may be constructed on top of a berm, provided the berm is constructed in compliance with the requirements of this Code and all applicable laws, and further provided that the height of the fence shall be measured from the finished grade as defined in this section. Exceptions shall be made when adjacent to an active railroad, property, state or county highway, or commercial parking lot property, in which case fences shall not exceed eight feet. Fences immediately adjacent to interstate highways may exceed these height limits but may not exceed height restrictions imposed by county, state, or federal authorities. Fences constructed within the front yard of a home shall not exceed three feet in height, subject to architectural review committee consideration. Ornamental posts protruding less than one foot above the measured average height of a fence may be permitted provided they are at least six feet apart or are otherwise granted exception for closer proximity by the architectural review committee (which exception shall be subject to a two-thirds vote). In all other cases, fences shall be measured to their highest point (including posts) in determining compliance with height restrictions.
(1) 
Maintenance. The owner, occupant, or their agent shall keep all fences, architectural screening devices, walls, driveway gates, and arbors structurally sound and maintained in a neat and attractive manner. The maintenance standards established in this section shall be enforced as provided in the Village of Bayside Code.
(2) 
Special exceptions. A special exception to the height, size, material, design, setback, or other physical standards set forth in this subsection or to allow a driveway gate may, upon filing a written application, be considered by the board of zoning appeals after a hearing. The application shall include an accurate visual rendering of the proposed wall, architectural screening device, driveway gate, or arbor, along with a written statement outlining the applicant's need for the same.
[1]
Editor’s Note: Ordinance No. 22-737 also repealed former § 104-125 which pertained to fences and derived from Code 1997, § 14-182, as amended by Ord. Nos. 328, 95-351, 02-496, 02-510, 07-563, 11-623, 17-675, 18-668, 19-699, 20-715 and 21-724.
[Code 1997, § 14-183; Ord. No. 328, 12-3-1992; Ord. No. 01-483, 8-1-2001; Ord. No. 04-525, 7-1-2004; Ord. No. 07-558, 3-1-2007; Ord. No. 20-715, 5-13-2020]
(a) 
Private swimming pools. No person shall construct, install, enlarge or alter a residential swimming pool not enclosed in a permanent building except in accordance with this section.
(b) 
Definitions.
(1) 
The term "in-ground swimming pool" shall mean any artificial body of water or container of water (including hot tubs and spas) either temporarily or permanently used or intended to be used for wading, swimming or bathing and having a depth at any point greater than two feet or a surface area exceeding 200 square feet, whose vertical walls are constructed, installed or maintained wholly or in part below the level of the ground outside or as an adjoining accessory to a residential building or out-building on private property.
(2) 
The term "above-ground swimming pool" means any structure, basin or other container of water (including hot tubs and spas with a surface area exceeding 200 square feet) used or intended to be used for wading, swimming or bathing having a depth of greater than two feet at any point, whose framework is installed primarily above the level of the adjoining ground on private property. The term "above-ground swimming pool" does not include pools that are movable when empty, filled partially or completely with water no more than 20 days per calendar year, and not located at any time within any setback zone.
(3) 
Whenever this section uses the terms "pool" or "swimming pool" without distinguishing between above-ground or in-ground pools, such terms contemplate both above-ground and in-ground pools.
(c) 
Accessory building. An accessory building to be used in conjunction with a pool must comply with building requirements of this article.
(d) 
Permit. No person shall construct, install, enlarge or alter any private swimming pool unless a permit has first been obtained from the building inspector. The building inspector shall refer applications that comply with this Code to the architectural review committee for final approval or rejection of design. In addition to other factors used in its evaluation, the architectural review committee shall consider the effect of pool construction or modification upon property values.
(1) 
Application for permit. Applications shall be on forms provided by the building inspector and shall be accompanied by a plot plan including plans drawn to scale showing pool dimensions and volume of water in gallons, the location and type of wastewater disposal system, the locations of existing buildings and the pool on the lot and distances from lot lines, fencing, the location of electrical wiring and power lines, and a landscaping plan. For above-ground installation, plans must show pool height above the highest point of grade. For deck installations, plans must show type and location of decking. (A separate permit is required for installation of a deck.)
(2) 
Permit fee. The pool permit fee shall be in such amount as established by the village board from time to time by ordinance or resolution. (Separate permits are required for electrical, plumbing and certain other work.)
(3) 
Appeal. The appeal provisions of section 104-101 shall apply to this section.
(e) 
Construction of pool. Swimming pools shall be constructed in accordance with the following requirements:
(1) 
A temporary protective barrier shall be erected and maintained around all in-ground pools during the period of construction.
(2) 
The pool must be located in the rear yard and must comply with offset requirements of accessory structures.
(3) 
The pool shall not be nearer than ten feet to any structure.
(4) 
Above-ground swimming pools shall be constructed with no less than 50 percent of the pool walls below ground level immediately surrounding the pool.
(5) 
Fences and enclosures.
a. 
A fence or other solid structure not less than five feet in height shall completely enclose the premises and/or swimming pool. Fences shall be located a minimum of four feet beyond the outside perimeter of the swimming pool. Openings in fences and guard rails shall be patterned to prevent the passage of a sphere with a diameter larger than six inches. Fences and guard rails shall be designed and constructed to withstand a 200-pound load applied in any direction. All gates or doors opening through such enclosure shall be kept securely closed at all times while unattended and shall be equipped with a self-closing and self-latching device designed to keep such door or gate securely closed and capable of being locked. Latches shall be located at least 48 inches above the ground or the deck or stairs leading to the gate or door.
b. 
Owners of pools existing on December 3, 1992, enclosed by fences not less than four feet in height with doors or gates provided with self-closing latches at least 36 inches above the ground or the deck or stairs leading to the gate or door and that comply with all other requirements described herein comply with the requirements of this section.
(6) 
Fence kits.
a. 
Fence kits that mount directly to a pool wall are permitted provided the overall height is not less than five feet above grade. All steps, ladders or other means of access to an above-ground pool shall be removed or designed to prevent access when the pool is unattended.
b. 
Owners of pools existing on December 3, 1992, that possess fence kits with overall finish height not less than four feet above grade and that comply with all other requirements described herein comply with the requirements of this section.
c. 
Owners of pools existing on December 3, 1992, with walls whose overall finish height is not less than four feet above grade and that comply with all other requirements described herein comply with the requirements of this section.
(7) 
Equipment shall be provided for the disinfection of all pool water. A filtration system shall be provided and maintained in proper working order. The swimming pool and its appurtenant facilities shall be kept clean and in a sanitary condition. All mechanical systems shall be properly screened from view from the adjacent properties and shall be properly maintained.
(8) 
In no case shall any swimming pool be drained into a sanitary sewer or onto lands or property of owners other than the owner of the swimming pool.
(9) 
There shall be an unobstructed concrete or paved areaway at least three feet wide surrounding an in-ground pool.
(10) 
All decks shall be constructed in accordance with the village building code. Decking shall be considered an integral part of the swimming pool and shall comply with all applicable setback dimensions. Decks shall be at least four feet in width at entry point as measured at right angles to the pool wall.
(11) 
Pool entry alarms may be installed in accordance with article II of chapter 11.
(f) 
Electrical regulation.
(1) 
Required electrical wiring supplying all pools shall be installed in accordance with article 680 of the National Electrical Code and the village electrical code.
(2) 
No overhead electrical wires or raceways shall be located above any point which is within a ten-foot horizontal distance to the pool wall, except that to serve the pool pumping equipment a single locking and grounding type receptacle protected by a ground-fault circuit interrupter may be located to within five feet of the pool wall.
(g) 
Lighting. Lighting shall be installed in compliance with all applicable village ordinances.
(h) 
Heating units, pumps, filters. Heating units, pumps and filter equipment shall be adequately muffled.
(i) 
Safety devices. Every swimming pool that has a capacity for water exceeding four feet in depth at any point shall be equipped with at least one life preserver or other safety device.
(j) 
Noise. Noise levels shall be consistent with article V of chapter 35.
(k) 
Nuisances. No pool shall be so operated or maintained as to create a nuisance, an eyesore or otherwise to result in substantial adverse effect on neighboring properties or to be in any other way detrimental to the public health, safety and welfare. The building inspector shall refer any complaints or questions under this subsection to the village manager, who shall have the authority to issue an appropriate order to terminate the condition that is the subject of the complaint.
(l) 
Above-ground hot tubs and spas with a surface area of less than 200 square feet. Outdoor above-ground hot tubs and spas with a surface area of less than 200 square feet shall not be subject to any minimum setback from structures under this section, nor shall they be subject to the fencing and enclosure requirements of this section, provided the hot tub or spa is completely covered when not in use by a childproof, secure cover. The determination of whether a particular cover is childproof and secure shall be at the sole discretion of the building inspector. Failure to maintain such cover in a properly secured fashion when not in use shall constitute a violation of this section subject to the penalties in section 1-13.