Maryland § 7-502

§ 7-502.

    (a)    In this section, “qualified project” means a residential project that:

        (1)    consists of new construction or substantial renovation, as annually established and identified by the Department of Housing and Community Development in the Multifamily Rental Financing Program Guide;

        (2)    is on property that:

            (i)    1.    was formerly owned by the State;

                2.    consists of more than one building;

                3.    includes at least one building that was built more than 50 years before the date of application for the project; and

                4.    is appropriate for redevelopment as determined by the Secretary of Housing and Community Development; or

            (ii)    1.    is currently or was formerly owned by the federal government;

                2.    is greater than 80 acres in size; and

                3.    was the site of a former U.S. military reservation;

        (3)    contains at least 25% of units that are affordable dwelling units; and

        (4)    is deed–restricted to include 25% of units that are affordable dwelling units for a period of at least 40 years.

    (b)    (1)    In accordance with this subsection, a local jurisdiction shall allow the density of a qualified project to exceed the density otherwise authorized in a district or zone.

        (2)    In an area zoned for single–family residential use, a qualified project may include middle housing units.

        (3)    In an area zoned for multifamily residential use, a qualified project:

            (i)    shall have a density limit that exceeds by 30% the allowable density in that zone for uses that are not part of a qualified project; and

            (ii)    may consist of mixed–use.

        (4)    Subject to § 7–509 of this subtitle, a qualified project may consist of mixed–use development with density limits that do not exceed the highest allowable density in the local jurisdiction’s multifamily residential zones:

            (i)    in an area zoned for nonresidential use; or

            (ii)    on land that:

                1.    is currently or was formerly owned by the federal government;

                2.    is more than 80 acres in size; and

                3.    was the site of a former U.S. military reservation.

        (5)    In an area zoned for mixed–use, a qualified project may consist of residential development with density limits that do not exceed the greater of the following:

            (i)    the highest allowable density in the local jurisdiction’s residential zones; or

            (ii)    six units per gross acre.

        (6)    If a qualified project is allowed to exceed the density otherwise authorized by a local jurisdiction in a district or zone under this section, the qualified project may not also exceed the authorized density under § 7–503 or § 7–504 of this subtitle.