Maryland Code, Land Use § 7-503

Current as of January 01, 2025 | Updated by Findlaw Staff

(a)(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.

(c)(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.

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Cite this article: FindLaw.com - Maryland Code, Land Use § 7-503 - last updated January 01, 2025 | https://codes.findlaw.com/md/land-use/md-code-land-use-sect-7-503/

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