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Washington, D.C. zoning › where can I put this

Where can I put a community solar facility (not meeting §410.3(d) matter of right conditions) in Washington, D.C.?

Community solar facility (not meeting §410.3(d) matter-of-right conditions)

Allowed only with a discretionary approval in 4 districts

These require a hearing or an approval from the District. They are not a “no”, and they are not a “yes” either.

DistrictProperties loadedCodeWhat says so
HE-1
the ordinance paragraph quoted here
9ConditionalSubtitle K §412.1(d)
Community solar facility not meeting the requirements of Subtitle K § 410.3(d), subject to the following: (1) Provision of a landscaped area at least five feet (5 ft.) wide facing public space, residential use, or parks and recreation use, regardless of zone, that: (A) Maintains as many existing native trees as possible; (B) Includes a diverse mix of native trees, shrubs, and plants, and avoids planting a monoculture; (C) Ensures all trees measure a minimum of six feet (6 ft.) in height at the time of planting; and (2) The Application, including the landscape plan, shall be referred to the District Department of Energy and Environment for review and report; and (e) Emergency shelter uses for five (5) to fifteen (15) persons, not including resident supervisors or staff and their families; (f) Fast food establishment or food delivery business subject to the following conditions: (1) The use shall not include a drive-through; (2) The use shall be designed and operated so as not to become objectionable to neighboring properties because of noise, sounds, odors, lights, hours of operation, or other conditions; (3) There shall be adequate facilities to allow deliveries to be made and trash to be collected without obstructing public rights-of-way or unreasonably obstructing parking spaces, aisles, or driveways on the site; and (4) The Zoning Commission may impose conditions pertaining to design, screening, lighting, soundproofing, off-street parking spaces, signs, method and hours of trash collection, or any other matter necessary to protect adjacent or nearby property; (g) Health care uses: City of Washington, D.C. | Title 11 - Zoning SUBTITLE K, CHAPTER 4-13 (1) A hospital use may be located only on Square B and/or C subject to the design conditions of this chapter and provided that: (A) Need of the facility is demonstrated through a certificate of need, including a review and report by the Department of Human Services on the need for the facility and on the ability of the specific design of the facility to meet that need; and (B) There is a detailed plan for the facility and accessory buildings, showing the location, height, and bulk of all improvements, including but not limited to buildings, parking and loading facilities, screening, signs, capacities of the various facilities, and public utility facilities; and (2) A skilled care facility or intermediate nursing care facility under the Health Care Facilities and Community Residence Regulations; (h) Parking uses, subject to the following conditions: (1) Parking in above grade structures, provided: (A) Structures shall not directly front onto a primary or secondary street, (B) Preferred uses, as defined in Subtitle K § 411, shall occupy the ground floor to a minimum depth of thirty (30) feet to separate parking areas from the primary or secondary street; and (C) Upper floors shall be separated from a primary or secondary street by commercial or residential uses; and (2) New or expanded at-grade surface parking lots accessory to an existing use or building for a period of five (5) years which may be renewed a maximum of two (2) times; and (i) Private school, including residences for teachers and/or staff, subject to the following conditions: (1) The use shall be located only on Squares A, B, C, and/or K; (2) The use shall comply with the height, floor area ratio and lot occupancy standards of each respective square; and (3) The use shall meet the requirements of Subtitle X, Chapter 1; (j) Utility (basic) uses and supporting infrastructure facilities, such as an electrical substation, natural gas regulator station, pump station, telecommunications facility, or any co-generation facility. Additional setbacks and screening requirements may be City of Washington, D.C. | Title 11 - Zoning SUBTITLE K, CHAPTER 4-14 required as the Board of Zoning Adjustment deems necessary for protection of the surrounding neighborhood; and (k) Other principal uses that are not permitted by Subtitle K § 410, but not prohibited by Subtitle K § 415 shall be permitted in the HE zones as a special exception subject to the following conditions in addition to the general special exception criteria of Subtitle X and Subtitle K § 416; provided the Zoning Commission considers that the use is appropriate in furthering the purposes of the HE zones. SOURCE: Final Rulemaking & Order No. 08-06A published at 63 DCR 2447 (March 4, 2016 – Part 2); Final Rulemaking & Order No. 19-04 published at 66 DCR 12137 (September 13, 2019).
HE-2
the ordinance paragraph quoted here
5ConditionalSubtitle K §412.1(d)
Community solar facility not meeting the requirements of Subtitle K § 410.3(d), subject to the following: (1) Provision of a landscaped area at least five feet (5 ft.) wide facing public space, residential use, or parks and recreation use, regardless of zone, that: (A) Maintains as many existing native trees as possible; (B) Includes a diverse mix of native trees, shrubs, and plants, and avoids planting a monoculture; (C) Ensures all trees measure a minimum of six feet (6 ft.) in height at the time of planting; and (2) The Application, including the landscape plan, shall be referred to the District Department of Energy and Environment for review and report; and (e) Emergency shelter uses for five (5) to fifteen (15) persons, not including resident supervisors or staff and their families; (f) Fast food establishment or food delivery business subject to the following conditions: (1) The use shall not include a drive-through; (2) The use shall be designed and operated so as not to become objectionable to neighboring properties because of noise, sounds, odors, lights, hours of operation, or other conditions; (3) There shall be adequate facilities to allow deliveries to be made and trash to be collected without obstructing public rights-of-way or unreasonably obstructing parking spaces, aisles, or driveways on the site; and (4) The Zoning Commission may impose conditions pertaining to design, screening, lighting, soundproofing, off-street parking spaces, signs, method and hours of trash collection, or any other matter necessary to protect adjacent or nearby property; (g) Health care uses: City of Washington, D.C. | Title 11 - Zoning SUBTITLE K, CHAPTER 4-13 (1) A hospital use may be located only on Square B and/or C subject to the design conditions of this chapter and provided that: (A) Need of the facility is demonstrated through a certificate of need, including a review and report by the Department of Human Services on the need for the facility and on the ability of the specific design of the facility to meet that need; and (B) There is a detailed plan for the facility and accessory buildings, showing the location, height, and bulk of all improvements, including but not limited to buildings, parking and loading facilities, screening, signs, capacities of the various facilities, and public utility facilities; and (2) A skilled care facility or intermediate nursing care facility under the Health Care Facilities and Community Residence Regulations; (h) Parking uses, subject to the following conditions: (1) Parking in above grade structures, provided: (A) Structures shall not directly front onto a primary or secondary street, (B) Preferred uses, as defined in Subtitle K § 411, shall occupy the ground floor to a minimum depth of thirty (30) feet to separate parking areas from the primary or secondary street; and (C) Upper floors shall be separated from a primary or secondary street by commercial or residential uses; and (2) New or expanded at-grade surface parking lots accessory to an existing use or building for a period of five (5) years which may be renewed a maximum of two (2) times; and (i) Private school, including residences for teachers and/or staff, subject to the following conditions: (1) The use shall be located only on Squares A, B, C, and/or K; (2) The use shall comply with the height, floor area ratio and lot occupancy standards of each respective square; and (3) The use shall meet the requirements of Subtitle X, Chapter 1; (j) Utility (basic) uses and supporting infrastructure facilities, such as an electrical substation, natural gas regulator station, pump station, telecommunications facility, or any co-generation facility. Additional setbacks and screening requirements may be City of Washington, D.C. | Title 11 - Zoning SUBTITLE K, CHAPTER 4-14 required as the Board of Zoning Adjustment deems necessary for protection of the surrounding neighborhood; and (k) Other principal uses that are not permitted by Subtitle K § 410, but not prohibited by Subtitle K § 415 shall be permitted in the HE zones as a special exception subject to the following conditions in addition to the general special exception criteria of Subtitle X and Subtitle K § 416; provided the Zoning Commission considers that the use is appropriate in furthering the purposes of the HE zones. SOURCE: Final Rulemaking & Order No. 08-06A published at 63 DCR 2447 (March 4, 2016 – Part 2); Final Rulemaking & Order No. 19-04 published at 66 DCR 12137 (September 13, 2019).
HE-3
the ordinance paragraph quoted here
1ConditionalSubtitle K §412.1(d)
Community solar facility not meeting the requirements of Subtitle K § 410.3(d), subject to the following: (1) Provision of a landscaped area at least five feet (5 ft.) wide facing public space, residential use, or parks and recreation use, regardless of zone, that: (A) Maintains as many existing native trees as possible; (B) Includes a diverse mix of native trees, shrubs, and plants, and avoids planting a monoculture; (C) Ensures all trees measure a minimum of six feet (6 ft.) in height at the time of planting; and (2) The Application, including the landscape plan, shall be referred to the District Department of Energy and Environment for review and report; and (e) Emergency shelter uses for five (5) to fifteen (15) persons, not including resident supervisors or staff and their families; (f) Fast food establishment or food delivery business subject to the following conditions: (1) The use shall not include a drive-through; (2) The use shall be designed and operated so as not to become objectionable to neighboring properties because of noise, sounds, odors, lights, hours of operation, or other conditions; (3) There shall be adequate facilities to allow deliveries to be made and trash to be collected without obstructing public rights-of-way or unreasonably obstructing parking spaces, aisles, or driveways on the site; and (4) The Zoning Commission may impose conditions pertaining to design, screening, lighting, soundproofing, off-street parking spaces, signs, method and hours of trash collection, or any other matter necessary to protect adjacent or nearby property; (g) Health care uses: City of Washington, D.C. | Title 11 - Zoning SUBTITLE K, CHAPTER 4-13 (1) A hospital use may be located only on Square B and/or C subject to the design conditions of this chapter and provided that: (A) Need of the facility is demonstrated through a certificate of need, including a review and report by the Department of Human Services on the need for the facility and on the ability of the specific design of the facility to meet that need; and (B) There is a detailed plan for the facility and accessory buildings, showing the location, height, and bulk of all improvements, including but not limited to buildings, parking and loading facilities, screening, signs, capacities of the various facilities, and public utility facilities; and (2) A skilled care facility or intermediate nursing care facility under the Health Care Facilities and Community Residence Regulations; (h) Parking uses, subject to the following conditions: (1) Parking in above grade structures, provided: (A) Structures shall not directly front onto a primary or secondary street, (B) Preferred uses, as defined in Subtitle K § 411, shall occupy the ground floor to a minimum depth of thirty (30) feet to separate parking areas from the primary or secondary street; and (C) Upper floors shall be separated from a primary or secondary street by commercial or residential uses; and (2) New or expanded at-grade surface parking lots accessory to an existing use or building for a period of five (5) years which may be renewed a maximum of two (2) times; and (i) Private school, including residences for teachers and/or staff, subject to the following conditions: (1) The use shall be located only on Squares A, B, C, and/or K; (2) The use shall comply with the height, floor area ratio and lot occupancy standards of each respective square; and (3) The use shall meet the requirements of Subtitle X, Chapter 1; (j) Utility (basic) uses and supporting infrastructure facilities, such as an electrical substation, natural gas regulator station, pump station, telecommunications facility, or any co-generation facility. Additional setbacks and screening requirements may be City of Washington, D.C. | Title 11 - Zoning SUBTITLE K, CHAPTER 4-14 required as the Board of Zoning Adjustment deems necessary for protection of the surrounding neighborhood; and (k) Other principal uses that are not permitted by Subtitle K § 410, but not prohibited by Subtitle K § 415 shall be permitted in the HE zones as a special exception subject to the following conditions in addition to the general special exception criteria of Subtitle X and Subtitle K § 416; provided the Zoning Commission considers that the use is appropriate in furthering the purposes of the HE zones. SOURCE: Final Rulemaking & Order No. 08-06A published at 63 DCR 2447 (March 4, 2016 – Part 2); Final Rulemaking & Order No. 19-04 published at 66 DCR 12137 (September 13, 2019).
HE-4
the ordinance paragraph quoted here
no parcels loadedConditionalSubtitle K §412.1(d)
Community solar facility not meeting the requirements of Subtitle K § 410.3(d), subject to the following: (1) Provision of a landscaped area at least five feet (5 ft.) wide facing public space, residential use, or parks and recreation use, regardless of zone, that: (A) Maintains as many existing native trees as possible; (B) Includes a diverse mix of native trees, shrubs, and plants, and avoids planting a monoculture; (C) Ensures all trees measure a minimum of six feet (6 ft.) in height at the time of planting; and (2) The Application, including the landscape plan, shall be referred to the District Department of Energy and Environment for review and report; and (e) Emergency shelter uses for five (5) to fifteen (15) persons, not including resident supervisors or staff and their families; (f) Fast food establishment or food delivery business subject to the following conditions: (1) The use shall not include a drive-through; (2) The use shall be designed and operated so as not to become objectionable to neighboring properties because of noise, sounds, odors, lights, hours of operation, or other conditions; (3) There shall be adequate facilities to allow deliveries to be made and trash to be collected without obstructing public rights-of-way or unreasonably obstructing parking spaces, aisles, or driveways on the site; and (4) The Zoning Commission may impose conditions pertaining to design, screening, lighting, soundproofing, off-street parking spaces, signs, method and hours of trash collection, or any other matter necessary to protect adjacent or nearby property; (g) Health care uses: City of Washington, D.C. | Title 11 - Zoning SUBTITLE K, CHAPTER 4-13 (1) A hospital use may be located only on Square B and/or C subject to the design conditions of this chapter and provided that: (A) Need of the facility is demonstrated through a certificate of need, including a review and report by the Department of Human Services on the need for the facility and on the ability of the specific design of the facility to meet that need; and (B) There is a detailed plan for the facility and accessory buildings, showing the location, height, and bulk of all improvements, including but not limited to buildings, parking and loading facilities, screening, signs, capacities of the various facilities, and public utility facilities; and (2) A skilled care facility or intermediate nursing care facility under the Health Care Facilities and Community Residence Regulations; (h) Parking uses, subject to the following conditions: (1) Parking in above grade structures, provided: (A) Structures shall not directly front onto a primary or secondary street, (B) Preferred uses, as defined in Subtitle K § 411, shall occupy the ground floor to a minimum depth of thirty (30) feet to separate parking areas from the primary or secondary street; and (C) Upper floors shall be separated from a primary or secondary street by commercial or residential uses; and (2) New or expanded at-grade surface parking lots accessory to an existing use or building for a period of five (5) years which may be renewed a maximum of two (2) times; and (i) Private school, including residences for teachers and/or staff, subject to the following conditions: (1) The use shall be located only on Squares A, B, C, and/or K; (2) The use shall comply with the height, floor area ratio and lot occupancy standards of each respective square; and (3) The use shall meet the requirements of Subtitle X, Chapter 1; (j) Utility (basic) uses and supporting infrastructure facilities, such as an electrical substation, natural gas regulator station, pump station, telecommunications facility, or any co-generation facility. Additional setbacks and screening requirements may be City of Washington, D.C. | Title 11 - Zoning SUBTITLE K, CHAPTER 4-14 required as the Board of Zoning Adjustment deems necessary for protection of the surrounding neighborhood; and (k) Other principal uses that are not permitted by Subtitle K § 410, but not prohibited by Subtitle K § 415 shall be permitted in the HE zones as a special exception subject to the following conditions in addition to the general special exception criteria of Subtitle X and Subtitle K § 416; provided the Zoning Commission considers that the use is appropriate in furthering the purposes of the HE zones. SOURCE: Final Rulemaking & Order No. 08-06A published at 63 DCR 2447 (March 4, 2016 – Part 2); Final Rulemaking & Order No. 19-04 published at 66 DCR 12137 (September 13, 2019).

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This answer is good through April 3, 2026 — that is the date the ordinance we hold runs to, as published by DC Office of Documents and Administrative Issuances. The District has since adopted something newer that we have not taken in yet, so parts of this may already be out of date.

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