The County board of zoning appeals will hear this case on January 27th at 10:00 am in the county office building, located at 225 North Center Street, lower level hearing room 003/004.
Pleas come and show your support.
Carroll County Board of Zoning Appeals: Appeal of Zoning Administration Determination
Case Number: 6581
Appeal of: Zoning Administration Determination regarding a methadone clinic's classification and operation at 688 Poole Road, Westminster, Maryland.
Property Location: 688 Poole Road, Westminster, Maryland, within the "R-10,000" Residential Zoning District.
Introduction and Objective
We, the undersigned residents and concerned community members, urge the Carroll County Board of Zoning Appeals to reverse the Zoning Administration's determination concerning the methadone clinic at 688 Poole Road. The Zoning Administration's classification of this facility as a standard "medical practice" is in direct and clear contradiction to the definition of a "Drug Treatment Facility" as established in Carroll County Ordinance 2023-10.
Our objective is to demonstrate that the methadone clinic is a prohibited use within the R-10,000 residential district, as defined by the current regulations. We assert that the Zoning Administration's actions and its subsequent investigation report are inconsistent with the language and intent of the ordinance. By upholding the integrity of the zoning regulations, the BZA will ensure the appropriate placement of such facilities in more suitable areas, thereby preserving the character of our residential community while still supporting the effective operation of treatment centers.
Case History and Statement of Facts
Zoning Ordinance Amendment: On November 2, 2023, the Carroll County Board of Commissioners adopted Ordinance 2023-10. This ordinance explicitly separated "Drug Treatment Facilities" from general medical practices and prohibited them in R-10,000 residential districts.
Zoning Certificate Issuance: On January 5, 2024,
LRK Properties LLC
submitted a zoning certificate application for a new business, a methadone clinic, at 688 Poole Road. The Zoning Administration issued Zoning Certificate ZC-24-0002 on the same day, after Ordinance 2023-10 had taken effect.
Tenant Status and Non-Conformity: The properties at 684 and 686 Poole Road are leased by LRK Properties LLC to two outpatient behavioral health treatment tenants. Following the adoption of Ordinance 2023-10, these tenants were operating outside the scope of the prior "medical variance" and are now considered non-conforming.
Meeting with Zoning Administration: In an effort to seek clarification, a meeting was held on June 24, 2025, between the appellant, the Zoning Administration, and the County Attorney's office. During this meeting, the Zoning Administration erroneously stated its understanding that a methadone clinic had been operating at the location for several years.
Maryland Department of Health Records: To verify the Zoning Administration's claim, an investigation of Maryland Department of Health records was conducted. The investigation revealed that the only business licensed to operate a methadone clinic at the location is "
Healing Hearts Treatment Center: which was established in the fall of 2024. Its Medical NPI number was issued on September 30, 2024, contradicting the Zoning Administration's statement that the use was pre-existing.
Formal Complaint and Investigation:
July 1, 2025: The appellant sent an email to the Zoning Administration office formally requesting an investigation.
July 23, 2025: A follow-up call confirmed that the investigation was completed and closed on July 16, 2025.
July 28, 2025: A PIA (Public Information Act) request was submitted after the portal became available.
July 28, 2025: The investigation report was processed and sent to the appellant.
Conflict in Investigation Report: The official investigation report's comments directly contradict the language of Ordinance 2023-10. The report allegedly justifies the methadone clinic's operation by calling it a medical treatment center based on "drop-in treatments".
Grounds for Appeal: Contradiction of Zoning Ordinance
The Zoning Administration's determination is fundamentally flawed and should be overturned for the following reasons:
Ignoring Ordinance 2023-10's Explicit Definition: The core issue is the misinterpretation of the ordinance's new, distinct definition for "Drug Treatment Facilities".
Ordinance Definition (Ord. 2023-10): "DRUG TREATMENT FACILITY. A licensed facility that specializes in the evaluation and treatment of drug addiction, alcoholism, and associated disorders. This facility may provide residential treatment, partial hospital treatment or outpatient treatment services" (Emphasis added).
Conflict: The investigation report's justification—that the clinic is a medical treatment center due to "drop-in treatments"—is invalid. The ordinance's definition of a "Drug Treatment Facility" explicitly includes "outpatient treatment services". The nature of the treatment does not re-categorize the facility as a general medical practice.
Ignoring Ordinance 158.075.01: The report violates the regulation governing interpretation, which states: "158.075.01 A, (8) in case of any difference of meaning or implication between the text and any language in the definition of the use or the purpose and intent of the zoning district, the text controls". In this case, the plain text of Ord. 2023-10, which includes outpatient services, must take precedence over any administrative interpretation that attempts to redefine the use.
Misrepresenting Legislative Intent: The investigation report incorrectly states that the commissioners intended to avoid drug treatment facilities in residential areas only if they involved "overnight group living situations." This ignores the broader intent of Ord. 2023-10, which created a specific category for all "Drug Treatment Facilities" and prohibited them in residential zones, regardless of whether they were residential, partial hospital, or outpatient services.
Closing Statement
This appeal is a matter of upholding the rule of law and ensuring the integrity of Carroll County's zoning regulations. The distinction made in Ordinance 2023-10 is clear, and the Zoning Administration's determination disregards that clear legislative intent.
While we do not oppose the vital services methadone clinics provide, their placement must adhere to the county's established zoning framework. The presence of a methadone clinic in a residential district, contrary to ordinance, raises legitimate community concerns about traffic, safety, Property Value, and neighborhood character, which zoning laws are designed to address.
We respectfully request that the Board of Zoning Appeals reverse the Zoning Administration's determination, find that the methadone clinic constitutes a "Drug Treatment Facility" as defined by Ordinance 2023-10, and, therefore, is a prohibited use in the R-10,000 residential district.