Gaithersburg City Zoning Code

(A)

Applicability. Landscaping in accordance with this article will be required for all developments, excluding single-family dwellings, that have submitted an application for approval to the city planning commission, board of appeals, or city council after the effective date of this article.

(B)

Required landscaping.

(1)

A landscape plan, including plantings areas for stormwater management environmental site design facilities, is hereby required for all applications not exempt from this article and must be in accordance with the minimum requirements and standards of chapter 22 of the Code of Ordinances of the city, Trees and Forest Conservation; chapter 21, Trees and Vegetation; the city forest conservation technical manual; city stormwater management design manual; the city street design standards and traffic calming best practices regulation; and the city environmental standards for development regulations. Landscaping above the minimums defined in each may be required by the planning commission or mayor and city council upon a determination that additional buffer areas, screening or other landscape plantings are necessary to better meet the intent of the various chapters, regulations, and city policies.

(2)

A landscape plan, in general, must demonstrate an effective proposal alone or in combination, for screening a proposed use or activity from adjoining properties, as applicable; enhance views to, from and within the site; create visual interest for the users of the proposed project; define outdoor spaces; complement the proposed architectural style; achieve functional and aesthetic requirements for buffer areas; provide adequate environmental site design for stormwater management; create habitat opportunities; and preserve, wherever possible, existing trees and other significant vegetation.

(3)

For surface parking lots and structures serving all uses, except for single-family dwellings, the provisions of section 24-7.5, Structured or surface parking lot facilities standards, shall also apply.

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

(A)

Purpose. The purpose and intent of this section is to regulate exterior lighting to:

(1)

Provide security for persons and land;

(2)

Ensure all exterior lighting is designed and installed to maintain adequate light levels on site; and

(3)

Ensure that adjacent lands, neighboring areas, and motorists are protected from excessive light spillage and glare.

(B)

Applicability. Unless exempted in accordance with subsection (1) below, the standards in this section shall apply to the replacement of and installation of all new lighting fixtures associated with any building or use.

(1)

Exemptions. The following exterior lighting is exempt from the regulations of this chapter:

(a)

Lighting required and regulated by the Federal Aviation Administration, or any other authorized federal, state, or local government agency;

(b)

Emergency lighting used by police, fire, or medical personnel, or at their direction;

(c)

Lighting required by applicable building codes such as lighting for exit signs, stairs, and ramps, to the extent that such lighting is unable to comply with these standards;

(d)

Underwater lighting used for the illumination of swimming pools and fountains; and

(e)

Temporary holiday lighting.

(C)

Existing non-conforming lighting. Outdoor lighting fixtures lawfully existing before the effective date of this chapter, that do not conform to the provisions of this section are deemed to be a legally nonconforming use and may remain.

(D)

Prohibited outdoor lighting. The following outdoor lighting is prohibited:

(1)

Lasers, searchlights, strobe lights, and blinking lights, excluding temporary holiday lighting;

(2)

Low-pressure sodium, mercury vapor, or other non-energy efficient light sources as determined by the director of public works or designee.

(E)

Outdoor lighting standards.

(1)

Exterior lighting must consist of full cut-off or directionally shielded lighting fixtures that are aimed and controlled so that the directed light is substantially confined to the object intended to be illuminated and not to exceed the boundary of the property.

(2)

Only incandescent, LED, fluorescent, metal halide, color-corrected high-pressure sodium, or other energy efficient lighting sources may be used. The same light source type shall be used for the same or similar types of exterior lighting on any one site throughout any development.

(3)

Lighting on any property abutting a property that is zoned and/or developed for single-family dwellings, must be equipped with supplemental opaque shielding on the residential property side of the lighting fixture to reduce glare caused by direct light source exposure.

(F)

Maximum illumination levels. Maximum luminance levels from all interior and exterior light sources shall not exceed one-half (0.5) foot-candles at the property boundary.

(G)

Parking lots.

(1)

Lighting of off-street parking lots, areas and facilities shall be installed and maintained in a manner not to reflect or cause glare into abutting or facing residential premises, nor cause reflection or glare which adversely affects safe vision of operators of motor vehicles on adjoining streets and roads.

(2)

Adequate lighting shall be provided if the parking lot, area or facility is to be used at night or includes covered or enclosed areas without access to natural lighting.

(3)

Where such lighting is installed on poles or other structures within or adjacent to parking areas, such poles or structures shall be protected from damage by motor vehicles by curbs, posts or other installations designed to prevent such damage.

(H)

Pedestrian level lighting. Pedestrian light fixtures shall comply with the following:

(1)

Light fixtures for sidewalks, walkways, trails, and bicycle paths, shall provide at least 0.5 foot-candles of illumination per fixture, with an average of one and one-half (1.5) foot-candles of illumination across the entire surface which is being illuminated.

(2)

Pedestrian lighting fixtures mounted on any pole, wall, or other structure must have a minimum height of twelve (12) feet and maximum height of fourteen (14) feet above grade.

(3)

Pedestrian bollard lamps shall not be mounted higher than four (4) feet above grade.

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

(A)

Permit. It shall be unlawful to erect any fence or wall in the city without first having obtained a building permit pursuant to section 24-12.13, Building permits.

(B)

Adjoining a public or private street as defined in chapter 19 and 20 of the City Code. No fence or screen wall shall be of greater height than three (3) feet in any front yard or along any public or private road in the front yard and six (6) feet in the rear or side yard. The city manager or designee may permit a greater height upon finding that the proposed fence or screen wall will not be a hazard to vehicular or pedestrian traffic.

(1)

On a corner lot, no fence or screen wall shall be permitted greater than three (3) feet measured from the surface of the ground next to the fence or screen wall for a distance of twenty-five (25) feet from the intersection; except, that retaining walls shall be permitted where changes in street grade, width or alignment have made such structures necessary. A waiver cannot be granted to this provision.

(C)

Side and rear property line. No fence or wall more than six (6) feet in height shall be erected between different lots, parcels, or tracts of land. A fence or wall of a height greater than six (6) feet may be erected with the approval of the city manager or designee, upon a finding that the fence or wall will not be detrimental to the public health, safety, and general welfare.

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

(A)

Applicability. The provisions of this section 24-6.4 shall apply to all accessory structures, except that these provisions shall not apply to the following:

(1)

Accessory dwelling units, as defined in section 24-5.2;

(2)

Fences, ground mounted solar, flagpoles, playground equipment without a footer, and sheds that do not require a footer and are not permanently affixed to the ground.

(B)

Accessory structure standards. Accessory structures, except for garages, carports and accessory dwelling units, shall be subject to the following standards:

(1)

Location. Accessory structures shall not be located in the front yard of residential uses. Non-residential uses may locate accessory structures in the front yard.

(2)

Setbacks.

(a)

Accessory structures two hundred (200) square feet or less in area shall not be less than two (2) feet from any lot line.

(b)

Accessory structures of more than two hundred (200) square feet in area shall not be less than ten (10) feet from any lot line, unless approved by the planning commission.

(3)

Lot coverage. All accessory structures must comply with the maximum building and impervious lot coverage requirements of the district in which they are located.

(4)

Size. Unless otherwise approved by the planning commission, the footprint of an accessory structure must not exceed eight hundred (800) square feet.

(5)

Height. The height of an accessory structure shall not exceed fifteen (15) feet.

(C)

Garages and carports, as accessory structures in residential zones. Garages and carports as accessory structures in residential zones shall be subject to the following standards:

(1)

Classification. Garages and carports, as accessory structures, are those that are detached structures or attached to the principal structure only by a breezeway.

(2)

Setback. Garages and carports shall not be less than two (2) feet from any side or rear lot line.

(3)

Location.

(a)

Garages and carports may be located in a side or rear yard.

(b)

Garages and carports may be located in a front yard, if approved by the mayor and city council or planning commission as part of a schematic development plan or site development plan.

(4)

Lot coverage. All garages and carports must comply with the maximum building and impervious lot coverage requirements of the district in which they are located.

(5)

Size. Unless otherwise approved by the planning commission, the footprint of the garage may not exceed five hundred seventy-six (576) square feet.

(6)

Height. Unless otherwise approved by the planning commission, garages shall not exceed fifteen (15) feet in height.

(D)

Donation drop boxes, generally.

(1)

Donation drop boxes are permitted in the C-1, C-2, CBD, CD, CB, E-1, E-2, I-1, I-3, MXD, and R-B zones when occupied by a commercial, public, educational, not-for-profit or religious use or facility. Donation drop boxes are permitted in the R-A and R-90 zones when occupied solely by a public, educational, not-for-profit or religious use or facility.

(2)

All existing donation drop boxes erected on land within the city shall, within ninety (90) days of the effective date of the ordinance from which this section is derived not previously licensed, be licensed with the city. The licensing application of donation drop boxes shall be accompanied by:

(a)

A site plan depicting the dimensions and location of any and all donation drop boxes located on the property; and

(b)

Information identifying the organization(s) responsible for the maintenance and monetary proceeds of the donation drop box, including a contact name, phone number, and website (if applicable) for the organization(s).

(3)

Any donation drop box not licensed with the city within the prescribed time frame shall be removed at the expense of the property owner and is subject to enforcement and fines in pursuant to article 15.

(4)

Any new donation drop box erected on land within the city, or donation drop box existing prior to June 8, 2014, that is relocated on any lot within the city, shall be subject to the issuance of a permit. Such permit shall be accompanied by:

(a)

A site plan depicting the dimensions (height, width, and length) and location of any and all donation drop boxes to be located on the property;

(b)

Information identifying the organization(s) responsible for the maintenance and monetary proceeds of the donation drop box, including a contact name, phone number, and website (if applicable) for the organization(s); and

(c)

Information depicting the dimensions of any proposed signage to be displayed on all sides of the donation drop box

(E)

Donation drop box, location and design standards. Donation drop boxes shall be subject to the following location and design provisions:

(1)

Shall not be located between the street lot line and the front building line on any lot.

(2)

Shall not be located within any required parking space. Donation drop boxes may be located within surplus parking spaces.

(3)

Shall not be located within existing landscape buffers.

(4)

Shall not be located within required drive aisles, circulation areas, or within a twenty-foot by twenty-foot site distance triangle at any intersection.

(5)

Shall be located on a paved surface.

(6)

The maximum size for any donation drop box shall be five (5) feet in width by five (5) feet in depth and seven (7) feet in height.

(7)

When feasible, multiple donation drop boxes located on an individual property must be clustered within the same general area. When it is not feasible to cluster the location of multiple donation drop boxes, they must not be located within the same view shed.

(8)

The total allowable number of donation drop boxes shall be defined by the size of the parcel on which the drop box is located with the following limitations:

(a)

Property equal to or less than one acre may have a maximum of one donation drop box.

(b)

Property greater than one acre may have a maximum of one donation drop box per acre, and fraction thereof, of land area.

(9)

All donation drop boxes erected on land shall have clearly identified, in writing, on its face. Information identifying the organization(s) responsible for the maintenance and monetary proceeds of the donation drop box, including a contact name, phone number, and website (if applicable) for the organization(s).

(10)

Each donation drop box must be regularly emptied of its contents so that it does not overflow. If the entity responsible for the maintenance of the donation drop box is other than that as required to be provided above, the name, phone number, and website (if applicable) for such entity shall be clearly identified in writing on the face of the box.

(11)

All donation drop boxes must be designed so that they are secure from unauthorized access.

(12)

A waiver of the total allowable size and number of donation boxes may be requested by submittal of a letter to the city manager or designee that demonstrates compliance with the following conditions:

(a)

The site is solely occupied by a public, educational, not-for-profit, religious use or facility; and

(b)

The location and design of the donation boxes is otherwise in conformance with this section.

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

(A)

Applicability. The following provisions shall apply to all non-residential developments where the unenclosed storage of goods, products, raw materials, machinery, or equipment is proposed. The provisions of this section shall not apply to the storage of commercial automobiles, outdoor shopping cart corrals, or the storage of vehicles intended for lease or sale.

(B)

Outdoor storage standards and prohibitions.

(1)

A minor amendment site plan application for approval depicting the dimensions (height, width, and length) and location of the outdoor storage area.

(2)

Shall be limited to materials directly related to the operation of the business conducted on the property.

(3)

Shall not include hazardous substances or materials that pose a threat to public health, safety, or the environment, unless otherwise approved by the city manager or designee.

(4)

Storage areas must be designed and maintained to prevent erosion, runoff, and the dispersal of materials beyond property boundaries.

(C)

Setback requirements.

(1)

Shall not be permitted within twenty-five (25) feet of any lot line.

(2)

Where the subject lot is adjacent or opposite to a residential use, no outdoor storage shall be permitted within fifty (50) feet of the nearest residential dwelling lot line.

(3)

The planning commission may reduce the setback distance requirement as part of a site development plan.

(D)

Screening. All outdoor storage areas shall be fully enclosed by a fence, block wall, or other form of secured screening from all adjacent properties and must be in compliance with the height requirements for fences and screen walls provided in section 24-6.3. The planning commission may allow outdoor storage without screening if they determine there are unique contextual site conditions or business model conditions such as a sidewalk sale for retail uses.

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

(A)

Applicability. The following refuse storage rules shall apply to all developments, except for residences containing single-family units, where refuse is not stored within a refuse structure.

(B)

Design of refuse storage facilities. Refuse storage facilities shall be designed as follows:

(1)

Must be entirely screened on all four sides or located within an accessory structure in conformance with section 24-6.4.

(2)

For exterior refuse storage, adequate area shall be reserved adjacent to the refuse storage area to allow for access of trucks or other vehicles responsible for removing refuse from the site. This area may not be used as a required parking space, but may be used for required loading area.

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