ADU rules in Gaithersburg, MD β also called accessory dwelling unit regulations or granny flat ordinances β cover setbacks, owner-occupancy, parking, and permit requirements.
Gaithersburg permits accessory dwelling units in most residential zones following its ADU-friendly zoning amendments. ADUs may be attached to or detached from the primary dwelling. Units are limited to 50 percent of the primary dwelling floor area or 1,200 square feet, whichever is less. One off-street parking space is required. Owner occupancy of either the primary or accessory unit is required.
Gaithersburg has adopted ADU-friendly zoning regulations that allow accessory apartments in most single-family residential zones. ADUs may take the form of an attached addition, a conversion of existing space such as a basement or garage, or a detached accessory structure on the same lot. The ADU may not exceed 50 percent of the primary dwelling gross floor area or 1,200 square feet, whichever is less. The unit must contain a separate kitchen, bathroom, and sleeping area. The property owner must occupy either the primary dwelling or the ADU as their principal residence. One additional off-street parking space is required for the ADU unless the property is within one-quarter mile of a transit station, in which case the parking requirement may be waived. ADUs must meet all building code requirements including separate egress, fire separation, and adequate natural light and ventilation. Detached ADUs must meet accessory structure setback requirements for the zoning district. Design standards require the ADU to be compatible with the architectural character of the primary dwelling. A building permit and zoning compliance review are required before construction. Montgomery County also allows accessory apartments under its zoning code, but within Gaithersburg city limits the city's own regulations govern. Contact the Department of Planning and Code Administration at (301) 258-6330.
Operating an ADU without zoning approval and building permits is a code violation. Unpermitted units face correction orders, potential fines, and orders to cease occupancy. Owner-occupancy violations may result in revocation of the ADU approval. Building code deficiencies must be corrected before occupancy is permitted.
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Side-by-side rule comparisons with other cities in Montgomery County.
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