Gaithersburg, MD Special Events & Permits: Sidewalk Dining & Cafés (2026)
Key Facts
- Permanent expansion cap
- 15% of the business's square footage
- Enclosure limit
- no walls or retractable curtains, even seasonal
- Temporary structure limit
- 90 days, once every 6 months
- Filed with
- Planning director or designee
- Neighbor notice
- mailed within 2 business days of filing
- Appeal window
- 15 days after decision is mailed
- Governing section
- City Code § 24-12.6(J)(13)-(14)
Summary
Gaithersburg treats an outdoor dining addition as a minor amendment to a restaurant's approved site development plan under City Code § 24-12.6(J). A permanent covered dining area qualifies only if it adds no more than 15 percent to the building's floor area and stays unenclosed; a temporary covered setup is capped at 90 days, once every six months, before it needs full Planning Commission review.
(J)Minor amendments. The following types of requests are considered minor amendments to a previously approved site development plan: ... (13)Addition of or alterations to permanent covered outdoor dining facilities which do not increase the square footage of the business by more than fifteen (15) percent and do not enclose or seasonally enclose the dining facilities. This includes permanently or temporarily enclosing a space utilizing walls, retractable curtains, or the like;(14)Installation of temporary covered outdoor dining facilities for a time period of no longer than ninety (90) days, once every six (6) months; and/or
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 52 Update 1).
Full Breakdown
6. Two carve-outs let a restaurant skip a full plan hearing. 6(J)(13), adding or altering a permanent covered outdoor dining area counts as a minor amendment only if the addition does not grow the business's square footage by more than 15 percent and the space is never enclosed, permanently or seasonally, with walls or retractable curtains. 6(J)(14), a temporary covered outdoor dining structure can go up for no more than 90 days, and the business can only do this once every six months. A minor amendment request is filed with the planning director or designee, who can act on it directly or send it to the planning commission's agenda.
Before acting, the applicant must mail or hand-deliver written notice to abutting and confronting property owners within two business days of filing, certified to the planning department. A minor amendment is granted only if it does not violate the property's zoning development standards, stays in harmony with the approved site design, and does not undercut the intent of the applicable planning documents. Anyone unhappy with the planning director's decision can appeal to the Planning Commission in writing within 15 days after the decision is mailed. 6(G).
Violations & Fines
Site work that does not match the approved plan, including outdoor dining built outside the minor-amendment limits or without an amendment on file, is grounds for the city to revoke the business's building permit and deny or pull its occupancy permit under § 24-12.6(P). The planning commission can also condition or deny a later, unrelated site plan request until the unauthorized dining area is brought into compliance.
Frequently Asked Questions
Can a Gaithersburg restaurant add outdoor seating without a full Planning Commission hearing?
How long can a temporary outdoor dining tent or covered structure stay up in Gaithersburg?
Who reviews a Gaithersburg outdoor dining minor amendment, and can the decision be appealed?
What happens if a restaurant encloses its outdoor dining area with walls?
Sources & Official References
Other rules in Gaithersburg
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