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Council introduces technical zoning amendments to correct ReTool errors, staff to schedule joint public hearing

Mayor and City Council of Gaithersburg · March 2, 2026
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Summary

Planning staff presented a technical amendment to Chapter 24 (ReTool) that fixes typos, clarifies Oldtown vendor rules, and amends accessory dwelling unit parking and setback language to comply with a state ADU requirement; council introduced the ordinance as amended and scheduled a joint hearing with the planning commission.

Planning staff presented a technical zoning text amendment on March 2, 2026 to address drafting errors and clarify policy changes from the city's ReTool update to Chapter 24 of the city code. The proposal would: correct spelling and cross‑reference errors, add a footnote clarifying that daycare centers associated with public or religious uses are permitted as accessories in certain residential zones, and modify accessory dwelling unit (ADU) standards for parking and setbacks to conform with the state requirement the staff packet cited as "HB1 1466." Staff recommended a joint public hearing with the Planning Commission on April 6, 2026.

Staff described specific changes: aligning Oldtown mobile food vendor provisions, removing a blanket ADU off‑street parking requirement while adding a narrow parking waiver process tied to existing programs, and adjusting setback language so ADU setbacks mirror other accessory structures unless a previously approved site plan indicates otherwise. Article 7 edits include clarifying tree‑planting canopy references and correcting typographical errors.

Council members raised procedural questions about vesting and which pending approvals would be subject to the new code versus prior approvals. Staff said vesting is narrow; some amendments now fall under the council's review where the prior code had allowed them to be handled at the Planning Commission level. The council moved to introduce the technical amendment as amended; voice votes were recorded in favor and a joint public hearing was proposed for April 6, 2026.