3041.1 If the Commission schedules a public hearing on an application for an amendment to the Zoning Map, prior to advertisement of the hearing, the applicant 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, five hundred dollars (\$500);
2. (b) For rezoning to any R-4 or R-5-A District, for each acre or part of an acre, one thousand two hundred and fifty dollars (\$1,250);
3. (c) For rezoning to any R-5-B District, for each acre or part of an acre, two thousand, five hundred dollars (\$2,500);
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, five thousand dollars (\$5,000);
5. (e) For rezoning to any SP, W, or CR District, for each twenty thousand square feet (20,000 sq. ft.²) or part of that area, two thousand dollars (\$2,000);
6. (f) For rezoning to any C-1 or C-2 District, for each ten thousand square feet (10,000 sq. ft.²) or part of that area, one thousand, two hundred fifty dollars (\$1,250);
7. (g) For rezoning to any C-3, C-4, or C-5 District, for each ten thousand square feet (10,000 sq. ft.²) or part of that area, two thousand, five hundred dollars (\$2,500);
8. (h) For rezoning to any C-M or M District, for each twenty thousand square feet (20,000 sq. ft.²) or part of that area, two thousand dollars (\$2,000);
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 fifty thousand dollars (\$50,000); and
11. (k) For an application 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 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 an application for an amendment to the text of the Zoning Regulations, prior to the advertisement of the hearing, the applicant shall pay a hearing fee of two hundred fifty dollars ($250) for each section of this title proposed to be added, deleted, or amended, with a maximum hearing fee of one thousand dollars ($1,000).

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:

(a) For each one hundred square feet (100 sq. ft.2) of gross floor area included in the application devoted to dwelling units, and the immediate area needed to serve that

dwelling unit, five dollars ($5.00), with a maximum of fifty thousand dollars ($50,000);

(b) For each one hundred square feet (100 sq. ft.2) of gross floor area included in the application devoted to any use other than a dwelling unit and the immediate area needed to serve that dwelling unit, ten dollars ($10.00);

(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 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 of one thousand dollars ($1,000).

3041.7 All fees shall be paid by check or money order made payable to the order of 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, 8550-51 (October 20, 2000); as amended by Final Rulemaking published at 50 DCR 8824,8825 (October 17, 2003)