Smithsburg Residents Express Concern Over 12,000 Square Foot Building in Whispering Hills

Cover photo: File photo of generic building blueprints.

This article was updated to include a link to the newest ordinances for the Town of Smithsburg.

SMITHSBURG, MD News (7/11/2023) – On Tuesday multiple Smithsburg residents attended the town council meeting to express concern regarding a 12,000 square foot building in Whispering Hills on Sherris Way. The building was originally submitted as a business, including patient waiting room and patient parking, which was denied. The permit was then resubmitted as a house with rooms re-labeled to be more in-line with residential use, and approved.

Beyond initial concerns that the building will be used as a business and not a single-family residential home, residents also expressed concern regarding the ability of utilities to keep up with the extra water demands of such a large building in a residential area, as well as construction debris and improper storm-water management. Residents also stated that the building is uncharacteristic of the rest of the neighborhood.

In response to the concerns expressed, the Smithsburg Town Attorney stated that concerns regarding the construction site would be addressed by building inspectors, and that other concerns are “primarily unfounded”. Specifically, he stated that there is a process in place in Smithsburg and other municipalities which require building permits to be reviewed and approved by the zoning administrator. In Smithsburg, Randy Dick is the zoning administrator and building inspector.

The town attorney then claimed that simply working out of your house or running a business out of your home requires zoning approval, and that he doubts anyone in who presented comments today applied for a zoning permit. He then went on to say that restrictive covenants for Whispering Hills also apply to the property, requiring that it be a single-family residential property, and that it “doesn’t permit business use”. However, the town does not have the ability to enforce those restrictive covenants, and any violation would need to be addressed by the other property owners under those covenants. Zoning does however require approval for “home occupations”, which the town attorney could not quote the definition of at the time of the meeting.

Reviewing the Town of Smithsburg zoning ordinance, a home professional office is listed as permitted for Town Residential zoning, which applies to Whispering Hills. Home occupations in Town Residential require a Special Exception through the Zoning Board.

According to the town attorney, after residents expressed concern regarding the property, zoning administrator Randy Dick verified with the property owner that the intended use is residential, and the owner signed a statement that is her intended use. While the 12,000 square foot property is considered “out of place” by other residents, as presented in the building permit it does not violate any zoning ordinances. The town attorney then stated that, since the building met all applicable zoning requirements, the only remaining complaint left is that the building is “too big for your liking”, stating that the town does not have any discretion on issuing the permit. If it is later found that usage is not residential, there are measures that could be taken by the town.

Whispering Hills can also potentially file an enforcement action against the property if it is found to violate the restrictive covenants, according to the Town Attorney. He also stated that if any residents believe the permit was issued incorrectly, they can file an appeal with the town, and that they should contact Town Hall to do so. The town attorney reinforced that the town employees did everything correctly, and once again reinforced that they do not have any discretion in issuing building permits if found to be in compliance with all applicable zoning ordinances and building codes. He also stated the town could create regulations requiring houses be under a certain size, but that’s typically handled under restrictive covenants.

If the property was misrepresented during the permit process, residents can file a written or verbal complaint to the zoning administrator, then zoning can issue a cease and desist letter if an investigation finds the complaint has merit. If investigation does not find the complaint has merit, residents can appeal to the board of zoning appeals, through submitting evidence to the board. Further appeals beyond this level would require involving Washington County Circuit Court. The Smithsburg mayor and council have no influence on the zoning process other than defining zoning ordinances for the zoning administrator and board of zoning appeals to follow.

If residents believe the building permit was ruled incorrectly, they can file an appeal within 30 days of the permit decision date. One possible avenue would be if the building is going to violate zoning ordinance size or height requirements. According to county records, the property in question is 27,007 square feet. This exceeds the required minimum of 10,000 square feet, but the building must be at least 15 feet from the front of the lot, 10 feet from each side, and 20 feet from the rear. If the building does not fit within this footprint, this would be grounds for the permit to be denied.

Another possibility might be if the building exceeds height requirements. In this case, the height of the building may be increased to 45 feet if each side yard is increased in width by 1/2 foot for each additional one foot above the standard 35 feet. If the property is on a slope which exceeds 7% grade, it is possible for an additional story to be added, according to the zoning ordinance. If the building is found to be taller than allowed based upon these factors, this could also be grounds for the permit to be denied.

If residents wish to file an appeal regarding the building permit, they should contact the Smithsburg Town Hall.

The town attorney did take the time to help explain additional information regarding the restrictive covenants which apply to Whispering Hills, and helped residents understand that those restrictive covenants are part of their deeds, but not part of the town’s responsibilities to enforce.

Editor’s note: Huge thanks to the Town Attorney, Ed, for taking the time to explain this to residents above and beyond his duties as attorney for the Town of Smithsburg.

Article by Ken Buckler, President and Editor.

A full copy of the current Smithsburg zoning ordinance can be downloaded below, or from the town website:

The Smithsburg comprehensive plan, including map of zoning districts, can also be downloaded below, or from the town website:

Up-to-date ordinances can be found at ECode360.