§ 7-503
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/md/land-use/7-503A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§7–503.
(1)In this section the following words have the meanings indicated.
(2)“Qualified project” means a residential project that:
(i)consists of new construction or substantial renovation;
(ii)is on property that is located within three–quarters of a mile of a rail station located in the State;
(iii)except as provided in item
(iv)of this paragraph:
1. contains at least 15% of units that are affordable dwelling units; and
2. is deed–restricted to include 15% of units that are affordable dwelling units for a period of at least 40 years; and
(iv)in a county or municipality that, on or before December 31, 2024, has requirements equal to or exceeding the requirements under item
(iii)of this paragraph:
1. contains at least 20% of units that are affordable dwelling units; and
2. is deed–restricted to include 20% of units that are affordable dwelling units for a period of at least 40 years.
(3)“Rail station” means a present or planned:
(i)MARC station along the Penn, Camden, or Brunswick lines;
(ii)Baltimore Metro SubwayLink station;
(iii)Baltimore Light RailLink station;
(iv)Metrorail system station in the State; or
(v)any other passenger rail station.
(b)This section does not apply to:
(1)a property located within three–fourths of a mile of a rail station in the State if:
(i)the rail station is located on the campus of an institution of higher education as defined in § 10–101 of the Education Article; or
(ii)only a portion of the property is located within the three–fourths of a mile of the rail station; or
(2)an area zoned for single–family residential use:
(i)on January 1, 2024; and
(ii)during any process to increase allowable density under subsection
(c)of this section.
(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, 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 § 7–504 of this subtitle.