Neither architectural control nor a building permit shall be granted for the construction or remodeling of a structure if such construction or remodeling shall cause said structure to penetrate the solar envelope as established for the parcel on which the structure is located.

The building department may, as a condition of granting a building permit, require the applicant to provide an appropriate survey to define the solar envelope for the particular parcel.

Two or more residential units that are connected, attached or are part of the same building shall be deemed to occupy a single parcel for purposes of this chapter and as such shall be contained within the same solar envelope.

The requirements of this chapter shall be subject to the variance procedure set forth in this Title 16.

If the owner of the nearby or adjacent property protected by this chapter (servient tenement) conveys to the owner of the dominant tenement the right to penetration of the solar envelope of the dominant tenement to the detriment of the solar access of the servient tenement, no further conditions to the granting of the variance need be established.