Gaithersburg City Zoning Code

(A)

Title. This chapter shall be known as the Zoning Ordinance of the City of Gaithersburg, Maryland, which is Chapter 24 of the City Code. This zoning ordinance may occasionally be referred to as this "Code" or the "Chapter" within the document.

(B)

Effective date. The effective date of this chapter is August 4, 2025.

(Ord. No. O-5-24, 7-15-24)

(A)

Statutory authority. This zoning ordinance is adopted by the City of Gaithersburg pursuant to authority granted under Maryland Code Ann., Land Use, Division I, Title 4. Whenever codes cited in this zoning ordinance refer to the Annotated Code of Maryland, in instances where it has been amended or superseded, this zoning ordinance shall be deemed amended in reference to the new or revised state code.

(1)

In the event of any conflict between the limitations, requirements, or standards contained in the different provisions of this chapter, the more restrictive provision shall apply.

(2)

In the event that this regulation conflicts with other federal, state, or local regulations, the more restrictive regulation shall prevail.

(B)

Severability. It is the legislative intent of the city council in adopting this chapter that all provisions and sections of this chapter shall be liberally construed as minimum requirements to protect and preserve the peace, health, safety, and general welfare of the inhabitants of the city and that if any provision, portion, section, or subsection of this chapter is held to be unconstitutional or invalid, that holding shall not be construed as affecting the validity of any of the remaining provisions, portions, sections, or subsections; it being the intent of the city council that this chapter shall stand, notwithstanding the invalidity of all or part of any provision or section.

(C)

Applicability. No structure shall be located, erected, constructed, reconstructed, moved, converted, or enlarged; nor shall any structure or land be used or be designed to be used, except in full compliance with all the provisions of this zoning ordinance and, when required, after the lawful issuance of the permit(s) required by this zoning ordinance.

(D)

Continuance of approved projects. No regulation contained herein shall require any change in the overall layout, plans, construction, size, or designated use of any development, structure, or part thereof, for which official approvals and/or required permits have been granted before the effective date of this zoning ordinance update.

(E)

Prior plan approvals. Elements limited to heights, densities, layouts, uses, and setbacks receiving sketch plan or schematic development plan approval prior to the effective date of this chapter shall be honored on subsequent, associated final site development plans submitted after the effective date and if in conflict with current ordinance provisions.

(F)

Existing applications and permits. Any application, including any sketch plans, schematic development plans, or site development plans included therein, that is submitted prior to the effective date of the 2024 City Zoning Ordinance Update and that is deemed valid and complete and includes all application components required pursuant to the zoning code in effect at the time of the application's submission shall be reviewed by the planning division, planning commission, city council, and all other relevant city agencies pursuant to the standards of the zoning code in effect at the time of the application's submission, as long as the submission proceeds for review and approval within two (2) years of its submission. Future modifications or amendments sought by an applicant after approval of such a qualifying application shall be reviewed in accordance pursuant to the standards of the zoning code in effect at the time of the modifications or amendment application's submission.

(Ord. No. O-5-24, 7-15-24)

(A)

Zoning districts established. The City of Gaithersburg is divided into the following zoning districts pursuant to the city's official zoning map and sections thereof, which together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

Table 24-1.3-1. Zoning Districts

(B)

Applicability of zone regulations. The regulations set by this chapter within each zone shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly except as hereinafter provided:

(1)

No building, structure, or land shall be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered internally or externally, unless in conformity with all the regulations herein specified for the zone in which it is located.

(2)

No building or other structure shall hereafter be erected or altered:

(a)

To exceed the height;

(b)

To accommodate or house a greater number of households;

(c)

To occupy a greater percentage of lot area; or

(d)

To have narrower or smaller rear setbacks, front setbacks, side setbacks or other open spaces; than herein required; or in any other manner contrary to the provisions of this chapter.

(3)

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

(4)

No setback or lot existing on March 22, 1965, shall be reduced in dimension or area below the minimum requirements set forth herein. Setbacks or lots created after March 22, 1965, shall meet at least the minimum requirements established by this chapter.

(Ord. No. O-5-24, 7-15-24)

(A)

Overview of code articles. The zoning code is comprised of sixteen (16) articles. The following text lists out all the articles found within this Zoning Code and provides a description of each so that the user may effectively navigate the ordinance:

(1)

Article 1, Introductory Provisions. This article lays out the legal framework for the zoning ordinance and provides guidance for the user on how to navigate the ordinance.

(2)

Article 2, Interpretation and Measurements. This article provides guidance for the user on how to interpret language and measurements so that they are clear to the user, and so that interpretation of the ordinance is consistent and standardized to the greatest extent possible.

(3)

Article 3, Standard Zoning Districts. This article contains zoning standards specific to individual zoning districts. This article lays out standards for both residential and non-residential zoning districts, exclusive of floating zones.

(4)

Article 4, Floating, Overlay, and Special Zoning Districts. This article contains zoning standards and an overview of administrative procedures specific to floating zones, overlay zones and special zoning districts.

(5)

Article 5, Use-Specific Standards. Use permissions are located in the use tables in articles 3 and 4; some uses are specially regulated due to their unique nature and potential for impacts on surrounding uses. Article 5 contains additional use-specific standards applicable to some uses. If a use is not listed in this section, no use-specific regulations apply. The use tables in article 3 and article 4 will indicate whether there are applicable use-specific standards through a reference to article 5.

(6)

Article 6, Site Standards. This article contains additional general site-specific standards. For a given property, once standards are met that apply to the specific zoning district where the property is located, additional general site standards apply; for example, the standards for any accessory structures that may be located on-site, or required landscaping, among others.

(7)

Article 7, Off-Street Parking and Loading. Properties must provide parking on-site at a rate delineated by the proposed land use of the property. Furthermore, there are standards that apply to how parking facilities are designed and located on a site. This article contains applicable parking and loading-related standards.

(8)

Article 8, Signage Standards. Properties that install signage must comply with the signage standards located in article 8. These standards relate to the location, size, permissions, permit requirements, and other physical specifications related to the sign.

(9)

Article 9, Historic Preservation. This article contains the legal framework for historic preservation in the city. It lays out the process and standards for the designation and designation removal of historic resources, as well as the process for historic area work permit applications.

(10)

Article 10, Nonconformities. This article addresses existing structures or uses that do not comply with the zoning regulations and provides regulations for how nonconformities are treated.

(11)

Article 11, Administrative Bodies. This article outlines the authority and duties of the various administrative bodies that are tasked with zoning decisions, as well as information regarding their terms of service.

(12)

Article 12, Permit and Review Procedures. This article lays out the procedures that an applicant must follow in order to receive a zoning decision for their request/application.

(13)

Article 13, Affordable Housing Requirements. This article provides standards and guidelines to ensure that affordable housing opportunities are created for both homeownership and rental units within the city.

(14)

Article 14, Adequate Public Facilities. This article ensures that new residential, commercial, industrial, and other development provides adequate public facilities to serve new development.

(15)

Article 15, Enforcement. This article lays out what constitutes a violation of this zoning ordinance, and what actions shall be taken when a property owner is found to be in violation of this chapter.

(16)

Article 16, Definitions. This article provides definitions for key terms used throughout this zoning ordinance to provide clarity, avoid ambiguities, and ensure consistent application and enforcement of standards.

(Ord. No. O-5-24, 7-15-24)

(A)

The official zoning map. The official zoning map shall consist of the digital representation of the zoning lines and zoning district designations as stored within a geographic information system or other electronic format. Copies of the official zoning map shall be identified by the following words: "This is to certify that this is a copy of the Official Zoning Map referred to in Article 1, Section 24-1.6 of the City of Gaithersburg, Maryland, zoning ordinance," together with the effective date of the map.

(B)

Official copy of zoning map. Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be digitally stored in a city facility, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city. A printed copy of the map, in accordance with subsection (A), above, shall be located in the office of the planning department. An unofficial copy of the official zoning map may be viewed on the city website.

(C)

Replacement of official zoning map. Should the official zoning map become damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the city council may by resolution adopt a new official map which shall supersede the prior official zoning map. The new official zoning map may correct errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The planning commission shall certify as to the accuracy of the new official zoning map prior to its adoption by the city council. Certification and adoption of a digital or printed copy of the official zoning map, as provided in subsection (A), above, shall be deemed equivalent to certification and adoption of the official zoning map itself.

(D)

Amendments to official zoning map.

(1)

If, in accordance with the provisions of this chapter and the land use article of the Annotated Code of Maryland, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has been approved by the city council. The amending ordinance shall provide that such changes or amendments shall not become effective until they have been duly entered upon the official zoning map. No amendment to this chapter which involves matter portrayed on the official zoning map shall become effective until after such change and entry has been made on such map.

(2)

No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedure set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter.

(Ord. No. O-5-24, 7-15-24)