D.C. Mun. Regs. tit. 11, r. 11-Y1600

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 11-Y1600 - FILING FEES FOR APPLICATIONS AND APPEALS
1600.1

Except as provided in Subtitle Y §§ 1600.2 and 1600.3, at the time of filing a request for an appeal or application with the Board of Zoning Adjustment, the appellant or applicant shall pay a filing fee in accordance with the following schedule:

(a) Appeal of any decision of the Zoning Administrator or other administrative officer, one thousand forty dollars ($1,040), except that the following appellants shall not be required to pay a filing fee:
(1) A department, office, or agency of the Government of the District of Columbia, including an Advisory Neighborhood Commission (ANC);
(2) The National Capital Planning Commission; and
(3) A citizens' association or association created for civic purposes that is not for profit; and
(b) Application for a special exception:
(1) Accessory apartment, three hundred twenty-five dollars ($325);
(2) Antenna or monopole, two thousand six hundred dollars ($2,600);
(3) For an application for permission to locate, replace, or expand a chancery not meeting the conditions for a matter of right use, either:
(A) Sixty-five dollars ($65) for each one hundred square feet (100 sq. ft.) or part thereof of gross floor area; or
(B) Five hundred dollars ($500) when the expansion does not result in an increase to gross floor area, such as the erection or enlargement of a fence.
(4) Community-based institutional facility or emergency shelter, one hundred four dollars ($104) for each person housed based on the maximum capacity requested (not including resident supervisors and their families), with a maximum of five thousand two hundred dollars ($5,200);
(5) Continuing care retirement community, one hundred four dollars ($104) for each person housed based on the maximum capacity requested (not including resident supervisors and their families), with a maximum of five thousand two hundred dollars ($5,200);
(6) Daytime care use, thirty-three dollars ($33) for each individual based on the maximum capacity requested, with a maximum of three thousand two hundred fifty dollars ($3,250);
(7) Gasoline service station, five thousand two hundred dollars ($5,200);
(8) General institutional uses, one thousand five hundred sixty dollars ($1,560);
(9) Health care facility that houses individuals, one hundred four dollars ($104) for each person housed based on the maximum capacity requested (not including resident supervisors and their families), with a maximum of six thousand dollars ($6,000);
(10) Home occupation not permitted as a matter of right in the R, RF, or RA zones, one thousand five hundred sixty dollars ($1,560);
(11) Large format retail, five thousand two hundred dollars ($5,200);
(12) Lodging, for any number of rooms, one hundred four dollars ($104) for each sleeping room or suite;
(13) Office use in an MU-1 or MU-2 zone, for each one hundred square feet (100 sq. ft.) or part thereof of gross floor area, fifty-two dollars ($52);
(14) Parking lot, parking garage, or accessory parking, one hundred four dollars ($104) for each parking space;
(15) Private school, thirty-three dollars ($33) for each full-time or part-time student based on the maximum capacity requested, with a maximum of three thousand two hundred fifty dollars ($3,250);
(16) Production, distribution, and repair uses, five thousand two hundred dollars ($5,200);
(17) Religious institutional uses or programs conducted by a religious congregation or group of congregations, one thousand five hundred sixty dollars ($1,560);
(18) Repair garage, one thousand five hundred sixty dollars ($1,560);
(19) Residential development, new, except those comprising all detached and semi-detached single dwelling units in the RA-1 zones pursuant to Subtitle U §§ 421.1, five hundred forty dollars ($540) for each dwelling unit;
(20) Roof structures pursuant to Subtitle C §§ 1500.14, two thousand six hundred dollars ($2,600);
(21) Theoretical lot pursuant to Subtitle C §§ 305.1, one thousand five hundred sixty dollars ($1,560) for the first lot and five hundred twenty dollars ($520) for each lot thereafter;
(22) Warehouse or wholesale use, five thousand two hundred dollars ($5,200);
(23) Waste-related services, including, but not limited to, hazardous waste removal, automobile repair shop including body work within two hundred feet (200 ft.) of a residential zone, and an intermediate materials recycling facility, five thousand two hundred dollars ($5,200); and
(24) For any other special exception not listed in this section, one thousand five hundred sixty dollars ($1,560);
(c) Application for a variance, one thousand forty dollars ($1,040) for each provision of the Zoning Regulations from which a variance is requested;
(d) Owner-occupied, single dwelling unit or flat, regardless of the number of variances, special exceptions, or alternatives requested, three hundred twenty-five dollars ($325); and
(e) For a time extension, a modification of a Board order or approved plans whether the modification is with or without a hearing, for the owner of an owner-occupied single dwelling unit or flat, one hundred thirty dollars ($130); for all other applicants, twenty-six percent (26%) of the original filing fee.
1600.2

In the case of an application combining two (2) or more actions described in Subtitle Y §§ 1600.1(b), 1600.1(c), and 1600.1(e), or for an application requesting consideration of more than one (1) alternative, the fee shall be the total of the amounts for each action or alternative computed separately.

1600.3

A department, office, or agency of the Government of the District of Columbia shall not be required to pay a filing fee for a special exception or variance where the property is owned by the District of Columbia or that agency or is under one (1) or both of their jurisdictions and the property is to be occupied for a government building or use.

TABLE Y §§ 1600 - SCHEDULE OF FILING FEES

SPECIAL EXCEPTIONS

Case Type

Unit

Fee

Maximum

Accessory apartment $325
Antenna or monopole $2,600
Chancery per 100 sq. ft. $65
Community-based institutional facility or emergency shelter per person $104 $5,200
Continuing care retirement community per person $104 $5,200
Daytime care use per student $33 $3,250
Gasoline service station $5,200
General institutional uses $1,560
Health care facility per person $104 $6,000
Home occupation $1,560
Large format retail $5,200
Lodging per room or suite $104
Office use in MU-1 or MU-2 zone per 100 sq. ft. $52
Owner-occupied dwelling $325
Parking lot, parking garage, or accessory parking per space $104
Private school per student $33 $3,250
Production, distribution, and repair pursuant to Subtitle U §§ 802.1 $5,200
Religious institutional uses $1,560
Repair garage $1,560
Residential development pursuant to Subtitle U §§ 421.1 each dwelling unit $540
Roof structures pursuant to Subtitle C §§ 1500.14 $2,600
Special exception (all other) $1,560
Theoretical lot pursuant to Subtitle C §§ 305.1 $1,560
Additional Theoretical Lot Under Subtitle C §§ 305.1 $520
Time extension/modification with or without a hearing (owner-occupied) $130
Time extension/modification with or without a hearing (all others) 26% of the original filing fee
Warehouse or wholesale use $5,200
Waste-related services $5,200
Property owned or under jurisdiction of District or District and to be occupied for a government building or use $0

VARIANCES

Case Type

Unit

Fee

Maximum

Owner-occupied dwelling $325
Property owned or under jurisdiction of the District or a District agency to be occupied for a government building or use. $0
All other $1,040

APPEALS

Case Type

Unit

Fee

Maximum

NCPC/ANCs/Citizens Association/Civic Association/Not-for-Profits $0
All other organizations, groups or persons $1,040

D.C. Mun. Regs. tit. 11, r. 11-Y1600

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 63 DCR 10932 (9/6/2016); amended by Final Rulemaking published at 68 DCR 909 (1/15/2021); amended by Final Rulemaking published at 70 DCR 11297 (8/25/2023); amended by Final Rulemaking published at 71 DCR 9667 (8/2/2024)