Statutes Text
Article - Land Use
§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.
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