D.C. Mun. Regs. tit. 11, r. 11-D204

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 11-D204 - SOLAR ENERGY SYSTEM PROTECTION

204.1

Any new semi-detached or row building, or an alteration or addition to an existing semi-detached or row building, including a penthouse or rooftop structure (the "proposed construction"), at the time of application, shall not be designed or constructed such that it will significantly interfere with the operation of a solar energy system on an abutting property, unless agreed to by the owner of the solar energy system, subject to the following:

(a) "Time of application" shall mean the earlier of either:

(1) The Department of Buildings officially accepts as complete the application for the building permit for the proposed construction; or

(2) The Office of Zoning officially accepts as complete an application for zoning relief for the proposed construction;

(b) "Solar energy system" shall mean a solar energy system of at least 2kW in size that, at the time of application, is either:

(1) Legally permitted, installed, and operating; or

(2) Authorized by an issued permit; provided that the permitted solar energy system is operative within six (6) months after the issuance of the solar energy system permit, not including grid interconnection delays caused solely by a utility company connecting to the solar energy system;

(c) "Significantly interfere" shall mean that the proposed construction increases the shading incident on the solar energy system by more than five percent (5%) as determined by a comparative solar shading study acceptable to the Zoning Administrator; and

(d) All applications for the proposed construction, whether for a building permit or for zoning relief, must include one of the following:

(1) An affidavit by the applicant stating that there is no solar energy system on an abutting property;

(2) A comparative solar shading study which meets the minimum standard established by the Zoning Administrator for the purpose of determining the increased annual incident solar shading by percent; or

(3) A written agreement executed by the owner of the impacted solar energy system accepting the interference with the solar energy system.

204.2

The Board of Zoning Adjustment may grant relief from the requirements of Subtitle D § 204.1 as a special exception pursuant to Subtitle X, Chapter 9, and subject to the following conditions:

(a) The application demonstrates the applicant has made its best efforts to minimize and mitigate the potential shading impact to solar energy systems on abutting properties to the extent reasonably practical, including possible design alternatives to the application's proposed construction and potential solar access easements;

(b) The application shall include illustrations of the shading impact on solar energy systems on abutting properties:

(1) As proposed by the application;

(2) As allowed as a matter of right; and

(3) Of possible design alternatives considered by the applicant; and

(c) The Board may require special treatment and impose reasonable conditions as it deems necessary to mitigate shading impacts identified in the consideration of the application.

D.C. Mun. Regs. tit. 11, r. 11-D204

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 68 DCR 13834 (12/24/2021); amended by Final Rulemaking published at 70 DCR 11297 (8/25/2023)