3041

3041.1

If the Commission schedules a public hearing on an application or petition for an amendment to the Zoning Map, prior to advertisement of the hearing, the applicant or petitioner shall pay a hearing fee in accordance with the following schedule:

1. (a) For rezoning to any R-1, R-2, or R-3 District, for each acre or part of an acre, six hundred fifty dollars (\$650);
2. (b) For rezoning to any R-4 or R-5-A District, for each acre or part of an acre, one thousand six hundred and twenty-five dollars (\$1,625);
3. (c) For rezoning to any R-5-B District, for each acre or part of an acre, three thousand two hundred fifty dollars (\$3,250);
4. (d) For rezoning to any R-5-C, R-5-D, or R-5-E District, for each acre or part of an acre, six thousand five hundred dollars (\$6,500);
5. (e) For rezoning to any SP, W, or CR District, for each twenty thousand square feet (20,000 ft.²) or part of that area, two thousand six hundred dollars (\$2,600);
6. (f) For rezoning to any C-1 or C-2 District, for each ten thousand square feet (10,000 ft.²) or part of that area, one thousand six hundred twenty-five dollars (\$1,625);
7. (g) For rezoning to any C-3, C-4, or C-5 District, for each ten thousand square feet (10,000 ft.²) or part of that area, three thousand two hundred fifty dollars (\$3,250);
8. (h) For rezoning to any C-M or M District, for each twenty thousand square feet (20,000 ft.²) or part of that area, two thousand six hundred dollars (\$2,600);
9. (i) For any overlay district, the fee shall be computed in accordance with the requirement for the underlying zone;
10. (j) The maximum hearing fee for rezoning to any Residence District (R-1, R-2, R-3, R-4, or R-5) shall be sixty-five thousand dollars (\$65,000); and
11. (k) For an application or petition that proposes rezoning to more than one (1) zone district or is in the alternative, the fee shall be the total of the amounts for the area devoted to each proposed district or alternative computed separately.

3041.2 An applicant or petitioner shall not be required to pay a hearing fee for any alternative districts added by the Commission at the time it sets the case for hearing.3041.3 If the Commission schedules a public hearing on a petition for an amendment to the text of the Zoning Regulations, prior to the advertisement of the hearing, the petitioner shall pay a hearing fee of three hundred twenty-five dollars (\$325) for each section of this title proposed to be added, deleted, or amended, with a maximum hearing fee of one thousand three hundred dollars (\$1,300).3041.4 If the Commission schedules a public hearing on an application for approval of a planned unit development, air space development, or any other action where review of a specific site plan or building plan is required, prior to the advertisement of the hearing, the applicant shall pay a hearing fee in accordance with the following schedule; provided that for those applications exempted from the setdown process, the fees shall be paid at the time the application is filed:- (a) For each one hundred square feet (100 ft.²) of gross floor area or part thereof included in the application devoted to dwelling units, and the immediate area needed to serve that dwelling unit, seven dollars (\$7), with a maximum of sixty-five thousand dollars (\$65,000); - (b) For each one hundred square feet (100 ft.²) of gross floor area or part thereof included in the application devoted to any use other than a dwelling unit and the immediate area needed to serve that dwelling unit, thirteen dollars (\$13); - (c) In the case of an application that combines dwelling units and other uses, the fee shall be the total of the amounts for each use computed separately; and - (d) There shall be no charge for the hearing on the second stage of a two-stage planned unit development application.3041.5 In the case of an application or petition combining two (2) or more actions described in this section, the fee charged shall be the greatest of all the fees computed separately.3041.6 If the Commission schedules a public hearing on an application for a modification to an approved planned unit development, air space development, or any other action where review of a specific site or building plan was required, prior to the advertisement of the hearing, the applicant shall pay a hearing fee equal to twenty-six percent (26%) of the original hearing fee or one thousand three hundred dollars (\$1,300), whichever is greater.3041.7 All fees shall be paid by check or money order made payable to the D.C.

Treasurer.

SOURCE: Final Rulemaking published at 46 DCR 7855, 7883-85 (October 1, 1999); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8550 (October 20, 2000); as amended by Final Rulemaking published at 50 DCR 8824, 8825 (October 17, 2003); as amended by Final Rulemaking published at 57 DCR 9480, 9482 (October 8, 2010).