Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use And Zoning topic
No spam. Unsubscribe anytime.
Gaithersburg holds record open on technical zoning changes including ADU tweaks to meet state law
Summary
Staff described CTAM 10307206, a technical amendment to Chapter 24 to correct typographical errors, clarify provisions and ensure accessory dwelling unit rules conform with Maryland's HB1466. The planning commission and council voted to keep the record open for additional public comment.
Gaithersburg staff presented zoning text amendment CTAM 10307206 on April 6, a technical update to Chapter 24 intended to correct errors, clarify language and align the city's accessory dwelling unit (ADU) provisions with state law (HB1466).
Planner Caroline (staff lead for the item) told the joint public hearing that the ReTool Gaithersburg project revised Chapter 24 in 2024 and staff undertook a first technical review to maintain clarity and compliance. The amendment package includes scope changes across several articles: Article 3 adds a footnote to allow daycare centers as accessory uses to public or religious uses; Article 4 clarifies notification requirements for floating-overlay schematic plans and adds an Oldtown reference to mobile food vendors; Article 5 contains the ADU updates (removal of most off-street parking requirements except in defined circumstances, modified setback rules to mirror other accessory structures, and language allowing ADUs above detached garages to extend an extra story when the principal structure is one story); Article 7 clarifies parking/loading and tree-canopy references; Article 12 adds a mailing-notice requirement; Article 16 revises definitions distinguishing auto-service uses.
Council members asked how ADU parking requirements would apply in MXD zones and whether existing ADUs would be grandfathered under the new definitions; staff said ADUs previously approved would remain valid and explained that ADUs constructed as part of new developments would be considered within site-plan parking calculations. Planning staff recommended holding the hearing record open so the planning commission and council could receive more comment and provide a fuller recommendation.
The planning commission voted to hold its record open to 5 p.m. Friday, April 17; the mayor and council voted to hold the city record open to 5 p.m. Friday, April 23, with a policy discussion scheduled for May 4. Members of the public may submit comments to the city website and review the five exhibits posted with the file.
