Gaithersburg council unanimously adopts amendment to exempt city projects from a subdivision permit restriction

The Gaithersburg City Council on April 20 adopted an amendment to Chapter 20 of the city code that exempts certain city projects from a current prohibition on issuing building permits for structures that cross a lot line.

Planning staff and the planning commission recommended the change; staff told the council that the amendment was introduced Feb. 17, the planning commission recommended adoption March 4, a public hearing was held March 16, the record closed March 23 and 12 exhibits were placed in the file. Staff said no written public comments were submitted into the record during that comment period.

The change adds an exemption so that structures crossing the vertical plane of a lot line between city‑owned properties, or between city‑owned property and rights‑of‑way, will not be prevented from receiving building permits under the subdivision ordinance. Staff and councilmembers said the amendment addresses a very specific use case related to two municipal buildings located across the street from one another where an interstitial element, such as hanging art, might otherwise trigger the lot‑line restriction.

Councilmember discussion was brief. A motion to approve the ordinance amendment was moved and seconded; the council adopted the amendment on a voice vote that carried 5‑0.

Action and next steps: The ordinance amendment was adopted immediately. Staff confirmed the record (12 exhibits) and noted the planning commission recommendation; no implementation timeline was read into the record at the meeting.

Ending: The council completed the adoption and moved on to closing business; there was no additional debate recorded.