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Council introduces amended subdivision code language to exempt structures on city‑owned property; second public hearing required

Mayor and City Council of Gaithersburg · February 18, 2026
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Summary

Planning staff recommended and council voted to introduce alternative language to Chapter 20 (subdivision ordinance) that would exempt structures crossing lot lines on city‑owned property; the motion to introduce the staff‑recommended language passed 5‑0, and a second public hearing will be scheduled.

Planning staff presented a proposed amendment to Chapter 20 of the Gaithersburg city code to address a current prohibition on issuing building permits for structures that cross a lot line. Staff offered three options and recommended replacing a CIP‑tied exemption with language that ties the exemption to city‑owned property (allowing city projects and some public‑private partnerships to cross a vertical lot‑line plane between city properties or between city‑owned property and rights of way).

Staff explained that the revised language would require a second public hearing because it differs substantively from the version introduced Jan. 20. After brief council discussion, Councilmember (Speaker 4) moved to introduce the staff‑recommended language and proceed to a second public hearing; the motion was seconded and the council voted in favor (recorded as 'Carries 5 0'). Staff said they would schedule the required second hearing and return with public notice and exhibits.