Gaithersburg, MD Home Business: Zoning Restrictions (2026)

The Montgomery County Zoning Ordinance (Chapter 59) applies to all properties within Gaithersburg and provides the regulatory framework for home-based businesses operating in residential zones. The three-tier system balances the growing demand for work-from-home flexibility with the need to preserve residential neighborhood character, traffic patterns, and property values. A No-Impact Home Occupation is the most common tier and covers activities like freelance consulting, writing, graphic design, telecommuting for an employer, and similar office-based work that generates minimal external impacts. No registration with DPS is required. The key restrictions are: no more than 5 client, customer, or patient visits per week; no employees other than residents of the dwelling; no exterior signage, advertising, or visible indication of a business; no commercial vehicle parking; no inventory deliveries by commercial trucks; and no equipment or processes that generate noise, vibration, odor, heat, glare, or electrical interference detectable outside the dwelling. A Low-Impact Home Occupation covers activities that require modest client interaction or one outside employee, such as tutoring, small-scale professional services (bookkeeping, tax preparation, counseling), or specialty trades operated from a home office. Registration with DPS is required through an application form that describes the business activity, anticipated client visits, employee information, and commercial vehicle details. The registration fee is nominal and the process is administrative with no public hearing. Low-Impact home occupations allow up to 20 client visits per week, 1 non-resident employee, and one commercial vehicle under 10,000 pounds GVW parked at the residence. A Major Home Occupation covers activities that generate more significant neighborhood impacts, such as music instruction with frequent student traffic, professional services with multiple employees, or specialty businesses requiring conditional approval. A Conditional Use application must be filed with the county Office of Zoning and Administrative Hearings (OZAH), and the county Hearing Examiner conducts a public hearing where neighboring property owners may testify. The Hearing Examiner sets specific conditions on hours of operation, maximum client visits, parking requirements, employee count (up to 2 non-resident employees), and other operational parameters. All three tiers share common requirements: the business cannot occupy more than 33 percent of the gross floor area of the dwelling; no external alterations that change the residential character of the building; no outdoor storage of materials, equipment, or inventory; and all business activities must take place within the enclosed dwelling (no garage, carport, or outdoor work areas unless specifically approved). Gaithersburg zoning staff at 301-258-6330 can assist residents in determining which tier applies to their specific business activity.