Supporters of City Council Bill 25-0066 put out a last call for signatures on written testimony in favor of the measure, which removes single-family zoning in residential districts city-wide and permits up to four dwelling units on a single residential lot.

“The more co-signers we get, the more of an impact it will have with the members of the Council, offsetting all of the voices of the opposition they are hearing,” Michael Scepaniak wrote to fellow members of the YIMBY group, BaltPOP, on its messaging page.

“A no-cost zoning code reform that will help address our city’s struggles with housing affordability and economic growth” is how the statement he submitted to the City Council, so far signed by 43 members, describes the measure.

Also rallying ahead of tomorrow’s 9 a.m. City Council hearing are opponents of the upzoning bill.

Looking for new ways to make their case that city residents have not been properly consulted about what amounts to significant rezoning, they found one from an unlikely source:

The city’s law department.

In a recently submitted memorandum, the agency raised eyebrows by observing that while “not facially illegal,” Bill 25-0066 could be subject to a legal challenge.

Law Department Report

The “Housing Options and Opportunity Act,” introduced by Mayor Brandon Scott last May “in effect upzones” residential districts by increasing density, Chief Solicitor Jeffrey Hochstetler wrote, but does so through a “text amendment” rather than the “comprehensive rezoning” process that includes substantial public notice requirements.

Under comprehensive rezoning, Baltimore officials have to give “notice by posting in conspicuous places within and around the subject area or district(s), as well as by first-class mailing to each property owner in the subject district(s).”

Has the city tried to dodge these notification requirements by using the text amendment approach?

“If challenged,” Hochstetler continued, “it is possible a court could view this kind of text amendment as effecting a change to underlying zoning districts that is more appropriate for comprehensive rezoning, including its more substantial notice requirements.”

He ended by pointing out the obstacle to such a challenge: “There does not appear to be any authority directly on point that would clearly prohibit a text change like this.”

Hearing Details

Bill 25-0066 is listed at the end of the agenda for tomorrow’s meeting of the Land Use and Transportation Committee chaired by 3rd District Councilman Ryan Dorsey.

The other committee members are Sharon Green Middleton (vice chair), Zac Blanchard, John Bullock, Paris Gray, Mark Parker and Phylicia Porter.

Tomorrow is not the public’s only opportunity to testify. Another hearing on the bill is scheduled for December 1.

Thursday, November 20, at 9 a.m.

In-person – Baltimore City Hall, 100 Holliday St., Du Burns Council Chamber, 4th floor.
By phone – 1-408-418-9388, Access code: 2344 479 7102, Password: Public Link.
Online – https://bmore.webex.com/bmore/j.php?MTID=mee8132da5cdbfb174ba8410ace813f0d

Monday, December 1, at 9 a.m.

In-person – Baltimore City Hall, 100 Holliday St., Du Burns Council Chamber, 4th floor.
By phone: 1-408-418-9388, Access code: Access code: 2342 263 2235, Password: Public Link.
Online – https://bmore.webex.com/bmore/j.php?MTID=m7ebff937920b7f9b5f965f5c7a6cdeee