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SEC. 12.09.5.  “RW2” RESIDENTIAL WATERWAYS ZONE.
   (Added by Ord. No. 138,095, Eff. 4/19/69.)
 
   The following regulations shall apply in the “RW2” Residential Water ways Zone:
 
   A.   Purpose. The regulations set forth in this section are to make possible the utilization of certain lots fronting on navigable public canals or waterways, or separated therefrom only by a public street, which make up, or are a portion of, a sizable system of recreational waterways when such lots are predominantly those which were recorded prior to June 1, 1946.
 
   Because of exceptional past history, present conditions, the proximity of such lots to recreational water areas, and their usual location in areas which enjoy optimum climatic conditions, the best development of the property may require variation from some of the standard housing requirements necessary or desirable to the rest of the City.
 
   B.   Use. No building, structure or land shall be used and no building or structure shall be erected, structurally altered, enlarged, or maintained, except for the following uses, and when a “Supplemental Use District” is created by the provisions of Article 3 of this chapter, for such uses as may be permitted therein:
 
   1.   One-family dwellings.
 
   2.   Two-family dwellings.
 
   3.   Accessory buildings, including private garages, accessory living quarters, servants quarters, or recreational rooms, provided that:
 
   (a)   Every accessory building containing accessory living quarters or servants quarters shall constitute a dwelling for the purposes of computing the applicable lot area requirements of this zone.
 
   (b)   An accessory living quarters, servants quarters, recreation room or private garage, or any combination of said uses, may be included in one building not exceeding two stories in height. For location of accessory buildings, refer to Section 12.21C and 12.22C.
 
   4.   Conditional uses enumerated in Section 12.24 when the location is approved pursuant to the provisions of said section.
 
   5.   Accessory uses and home occupations, subject to the conditions specified in Section 12.05 A 16 of this Code.  (Amended by Ord. No. 171,427, Eff. 1/4/97, Oper. 3/5/97.)
 
   6.   Name plates and signs, and required automobile parking spaces as provided for in Section 12.21 A of this Code.  (Added by Ord. No. 171,427, Eff. 1/4/97, Oper. 3/5/97.)
 
   C.   Area – No building or structure shall be erected or maintained nor shall any building or structure be enlarged unless the following yards and lot areas are provided and maintained in connection with such building, structure or enlargement:
 
   1.   Front Yard – Same as required in “RW1” Zones—Section 12.08.5-C.,1
 
   2.   Side Yards –  (Amended by Ord. No. 150,336, Eff. 12/31/77. ) – Side yards shall be required in accordance with the provisions of either paragraphs (a), (b) or (c) below and the limitations hereafter specified:
 
   (a)   For a main building of not more than two stories in height there shall be a side yard on each side of said building of not less than ten percent of the width of the lot, but in no event of less than three feet in width. For a building more than two stories in height, one foot shall be added to the width of such side yard for each additional story above the second story.
 
   (b)   There may be a side yard on only one side of a main building, provided that:
 
   (1)   For a main building of not more than two stories in height, said required side yard shall be at least four feet in width. For a building more than two stories in height, one foot shall be added to the width of such side yard for each additional story above the second story.
 
   (2)   The main building is structurally independent with an unpierced wall from the ground to the weatherproofing material of the roof covering between said main building and any adjacent main building.
 
   (3)   An adjoining lot is developed in a similar manner so that the two main buildings will be adjacent to each other with no side yard between.
 
   (c)   No side yards shall be required for a main building on the interior lot or lots of groups of adjacent lots when:
 
   (1)   The group of adjacent lots includes at least three, but not more than five, lots.
 
   (2)   For a main building constructed on an end lot of such a group of lots, a side yard as required in paragraph (b) (1) of this subdivision is provided and maintained abutting the outermost lot line.
 
   (3)   The main building on each lot of such group of lots is structurally independent with an unpierced wall from the ground to the weatherproofing material of the roof covering between it and any adjacent main building.
 
   3.   Rear Yard – There shall be a rear yard of not less than 15 feet in depth. Notwithstanding any provisions of this article to the contrary, the rear lot line is that line opposite and most distant from the lot line separating the narrowest canal frontage of the lot from the navigable public canal or waterway. (Amended by Ord. No. 150,336, Eff. 12/31/77.)
 
   4.   Lot Area – Every lot shall have a minimum width of 28 feet and a minimum area of 2,300 square feet. The minimum lot area per dwelling unit shall be 1,150 square feet.
 
   5.   Open Space – Same as required in “RW1” Zone – Section 12.08.5 C.5.
 
   6.   Limitations – (Amended by Ord. No. 150,336, Eff. 12/31/77.) – No person shall be issued a building permit for any lot being developed without a side yard on each side of the main building until:
 
   (a)   A site plan has been first filed with and approved by the City Planning Commission. Buildings constructed upon said lot must conform to the approved site plan. Every person applying for a building permit for such a lot shall file with the City Planning Commission a site plan which will show the location of the proposed building or buildings and the location of any existing buildings on adjacent lots. Said site plan shall be accompanied by such other plans or data as may be required by the Commission.
 
   The City Planning Commission shall approve, conditionally approve or disapprove the site plan within 50 days, and may disapprove or require the revision of said site plan when it is determined that the proposal as submitted would not adequately maintain side yards between adjoining ownerships when they are deemed necessary to provide adequate access, light and air. In the event the Commission disapproves said site plan, the applicant may appeal the matter to the City Council. The appeal shall set forth specifically wherein the appellant believes the Commission’s findings and decision to be in error. Such appeal shall be filed in duplicate in the public office of the Department of City Planning within 20 days from the date of mailing the notification of disapproval to the applicant. Thereupon, the appeal, the Commission file and a report including reasons for disapproval and answering the allegations in the appeal shall be transmitted to the City Council; and
 
   (b)   The owner, or owners, of the adjacent lot, or lots, which are a portion of a side–by–side development, as specified in Section 12.09.5 C.2.(b), or which are a portion of a group development as specified in Section 12.09.5 C.2.(c), records an agreement in the Office of the County Recorder whereby he, or they, agree to develop said property with a main building in the manner indicated on the site plan approved by the City Planning Commission.
 
   D.   Restriction.  (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)  For any lot designated as Public, Quasi-Public, Public/Quasi-Public Use, Other Public, or Open Space on the land use map of the applicable community or district plan; any lot shown on the map as having existing lakes, waterways, reservoirs, debris basins, or similar facilities; any lot shown on the map as the location of a freeway right-of-way; and any property annexed to the City of Los Angeles where a plan amendment was not adopted as part of the annexation proceedings:
 
   Any of the uses permitted by Subsection B. of this section shall require prior approval in accordance with the provisions of Section 12.24.1 of this Code.