1155.13  ACCESSORY USE REGULATIONS.
   Any accessory use permitted the Townhouse District may occupy a part of the principal building, occupy a separate accessory structure or constitute an accessory land use. Accessory uses or structures shall comply with the following:
   (a)   Fence and Wall Regulations.  Fences and walls shall comply with the approved development plan.  When a fence or wall is proposed at a separate time from any other development for new construction, additions or site renovation, a fence or wall may be approved in accordance with Section 1175.17, Approval Process for Required Landscaping, Fences, and Walls.
   (b)   Swimming Pools. Private swimming pools for the exclusive use of residents of the premises may be located in any residential district provided they comply with the locational and coverage requirements set forth in this Chapter and the supplemental regulations set forth in Chapter 1171, General Use Regulations. 
   (c)   Minimum Setbacks for Accessory Buildings and Uses.  Accessory buildings including garages, carports and recreation facilities, and active recreation areas such as a swimming pool or tennis court which is intended for use by the residents of the residential development shall comply with the minimum setbacks set forth below:
      (1)   The minimum setback from the public right-of-way for such accessory buildings and uses shall be equal to the setback of the principal building.
      (2)   The minimum setback from a side or rear lot line abutting another townhouse or non-residential district shall be ten (10) feet.
      (3)   The minimum setback from the side or rear lot line abutting a U-1 district shall be twenty (20) feet.
   (d)   Driveways and access drives shall be setback three (3) feet from side property lines, unless a shared driveway is provided.  Driveways may be adjacent to the lot line if a common driveway is provided for two adjoining lots, subject to the provision of a recorded legal instrument which guarantees access to the drive and which assigns responsibility for maintenance of the drive.  Cross-access easements or other acceptable agreements for adjacent lots with shared driveways shall be submitted and be acceptable to the Village's Law Department and the Planning Commission to insure availability to users.
If a boundary of the townhouse development abuts a U-1 District, the driveway or access drive shall be setback ten (10) feet from side lot lines.
      (Ord. 2012-21.  Passed 7-11-12.)