Maryland § 7-504

§ 7-504.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Controlled by” means a business structure in which a nonprofit organization is a managing member, general partner, or otherwise controlling entity with a for–profit member or partner as demonstrated by an attorney licensed in the State.

        (3)    “Nonprofit organization” means an organization that is qualified as tax–exempt under § 501(c)(3) of the Internal Revenue Code and has been designated as such for at least 3 years.

        (4)    “Qualified project” means a residential project that:

            (i)    consists of new construction or substantial renovation;

            (ii)    is on land, including land that is subject to a ground lease, that:

                1.    is wholly owned by a nonprofit organization; or

                2.    includes improvements owned by an entity that is controlled by a nonprofit organization;

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

            (iv)    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, in an area zoned for nonresidential use, 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.

        (5)    In an area zoned for mixed–use, a qualified project may include 30% more housing units than are allowed in that zone for uses that are not part of a qualified project.

        (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 § 7–502 or § 7–503 of this subtitle.