D.C. Mun. Regs. tit. 11, r. 11-E204

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

Rule 11-E204 - ROOF TOP OR UPPER FLOOR ELEMENTS

204.1

Except for properties subject to review by the Historic Preservation Review Board or their designee, or the U.S. Commission of Fine Arts, a roof top architectural element original to a principal building such as cornices, porch roofs, a turret, tower, or dormers, shall not be removed or significantly altered, including shifting its location, changing its shape, or increasing its height, elevation, or size; provided that:

(a) For interior lots, not including through lots, the roof top architectural elements shall not include identified roof top architectural elements facing the structure's rear lot line; and

(b) For all other lots, the roof top architectural elements shall include identified roof top architectural elements on all sides of the structure.

204.2

For the purposes of Subtitle E § 204.1, ordinary repairs to a roof top architectural element shall be permitted. Ordinary repairs may include the replacement of an original roof top architectural element when the Zoning Administrator has determined, based on photographs provided by the owner and other evidence acceptable to the Zoning Administrator, that:

(a) The original roof top architectural element is substantially eroded or damaged due to no overt actions of the owner or affiliates, and

(b) The replacement will be visually indistinguishable from the original in style, dimensions, profile, and appearance when viewed from a public right of way.

204.3

Any new building, or alteration or addition to an existing building, including a penthouse or rooftop structure (the "proposed construction") at the time of application, shall not 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 that 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.

204.4

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

(a) The proposed construction shall not have a substantially adverse effect on the use or enjoyment of any abutting or adjacent dwelling or property, in particular:

(1) The light and air available to neighboring properties shall not be unduly affected;

(2) The privacy of use and enjoyment of neighboring properties shall not be unduly compromised; and

(3) The proposed construction, as viewed from the street, alley, and other public way, shall not substantially visually intrude upon the character, scale, and pattern of houses along the street or alley frontage;

(b) In demonstrating compliance with paragraph (a), the applicant shall use graphical representations such as plans, photographs, or elevation and section drawings sufficient to represent the relationship of the proposed construction to adjacent buildings and views from public ways; and

(c) The Board of Zoning Adjustment may require special treatment in the way of design, screening, exterior or interior lighting, building materials, or other features for the protection of adjacent or nearby properties, or to maintain the general character of a block.

204.5

The Board of Zoning Adjustment may grant relief from the requirements of Subtitle E § 204.3 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-E204

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 67 DCR 3776 (4/3/2020); amended by Final Rulemaking published at 70 DCR 11297 (8/25/2023)