The important thing to understand about the draft revised ordinance linked below is that it adds language to the R-90 zone that says:
Impervious areas in the front yard, or side yard when adjacent to a public right-of-way, shall be limited to a contiguous area that is no more than twenty-five (25) percent of the area of the front or side yard, or a contiguous area twenty-five (25) feet wide and the depth of the front yard, whichever is less. Lead walks (walkway to front door) measuring not more than five (5) feet in width are excluded. This section shall not apply to those properties requiring a historic area work permit for site development.
Basically this is intended to keep people from paving their entire front yard and using it as a parking lot. While the problem isn’t at all limited to this case, I expect that this ordinance will be somewhat helpful in dealing with the unauthorized conversion of single-family homes to multi-family dwellings; when that happens, the properties tend to sprout far more vehicles than are able to fit in a normal driveway. (Note that the City does attempt to put a stop to such overcrowding, but their tools are limited. The City has a web page on this issue, with information about how to report overcrowded homes, along with an excellent video and 26-page PowerPoint presentation on the topic.)
Note that most residential neighborhoods built over the past twenty years or so — Kentlands, for example — are not subject to this ordinance, and are instead more likely have homeowners association covenants which would control this sort of activity. Affected neighborhoods tend to be older, such as Deer Park, Diamond Courts, West Riding, Observatory Heights, parts of Brighton East, etc. The historic districts of Olde Towne are typically R-90, but are excluded from this ordinance, I assume because this sort of change is already regulated by the Historic Area Work Permit process. You can consult the City’s zoning map if you are uncertain as to the zoning of your property.
This is not a done deal, this is an announcement for a public hearing on the issue. So if you care one way or another, let the City know by sending them an email, or attending the public hearing next Monday evening.
From the City’s website:
Notice - Joint Public Hearing T-389, 2/2/2009 Posted 1/21/2009
CITY OF GAITHERSBURG
31 South Summit AvenueGaithersburg, Maryland 20877
Telephone: 301-258-6330NOTICE OF JOINT PUBLIC HEARING
The City of Gaithersburg Mayor and Council and Planning Commission will conduct a public hearing at the time and place noted below.
Meeting: MAYOR AND CITY COUNCIL MEETING
Application Type: TEXT AMENDMENT
File Number:T-389
Applicant: GREG OSSONT FOR MAYOR & CITY COUNCILDay/ Date/Time: MONDAY FEBRUARY 2, 2009 AT 7:30 P.M.
Place: GAITHERSBURG CITY HALL
IMPORTANT
This is an ordinance to amend Chapter 24 of the City Code (City Zoning Ordinance) Article III, entitled, “Regulations applicable to particular zones,” Division 2, entitled, “R-90 zone, medium density residential,” § 24-32, entitled, “Dimensional restrictions,” to modify subsection (d) to establish new standards for impervious areas in front and side yards. This is an opportunity to publicly participate, other than providing written testimony that must be submitted before the public hearing record closes. Contact the Planning and Code Administration City Planner (listed below) at 301-258-6330 if you should have any questions and/or to learn more about this process and your ability to offer testimony and input.
- DRAFT Text Amendment T-389 (pdf file)
NOTE: This form is provided in PDF format and can be viewed with the Adobe Acrobat Reader. This format will enable you to view the document as it appears in print. If you do not already have the Adobe Acrobat Reader installed follow the link above to Adobe’s free download area.CITY OF GAITHERSBURG
Rob Robinson III, Planner
Planning and Code Administration














