Md. Code Regs. 24.05.11.17

Current through Register Vol. 51, No. 24, December 2, 2024

Section 24.05.11.17 - Qualified Property-Categories

A. Establishing Categories of Qualified Property.

(1) In consultation with the BRAC Subcabinet, the Department establishes categories of commercial or residential property that enhance the economic development of zones. The categories are deliberately broad and provisional to allow for flexibility and innovation in the planning and development of zones. The Department will update, revise, and amend the categories from time to time to take account of:

(a) Experience and local, regional, and Statewide changes in population distribution;

(b) The availability of regional transit and transportation facilities;

(c) Market demand for various land uses and services; and

(d) Other factors, including those enumerated in Regulation .14A of this chapter.

(2) The Department applies the following principles and criteria to establish the categories of commercial and residential property:

(a) The property and its proposed mode of development should demonstrably enhance the overall economic development of the area, by creating and providing access to jobs, services, and transportation conducive to a thriving community, preferably within walking distance of residences; and

(b) The proposed mode of development should conform to the political subdivision's plan for the area, and most particularly to the density, transit and transportation, and traffic management elements of the plan.

B. Categories of Qualified Property. The Department, in consultation with the BRAC Subcabinet, has determined that the following listed categories of commercial and residential property will enhance the economic development of zones:

(1) Mid-rise and high-rise multi-family residential buildings, including condominiums, cooperatives, and rental apartments, having separate residential units on at least three floors or levels;

(2) Two-family and three-family attached houses (duplexes and triplexes) having a density of not less than 3.5 houses per acre;

(3) Town house type single family attached houses having a density of not less than 3.5 houses per acre;

(4) Mid-rise and high-rise multi-use buildings with a mix of Class A office, and restaurant, service, or retail spaces and uses;

(5) Multi-use or flexible use commercial and retail buildings, including research, laboratory, light manufacturing and office uses, and anchor grocery stores, restaurants, retail shops, and service establishments, spaces, and uses;

(6) In general, but subject to the approval of the Department in consultation with the BRAC Subcabinet, any other category of residential or commercial property that is allowed under the political subdivision's ordinances, regulations, and other provisions governing mixed-use development as provided in its zoning ordinance, comprehensive plan, sector plan, small area plan, revitalization plan, or other economic development plans, or by resolution of the political subdivision's legislative body.

C. Uses Excluded from Categories of Qualified Property. Qualified property does not include the following uses:

(1) Automobile service or fuel establishments;

(2) Adult bookstores, adult video shops, or adult entertainment facilities;

(3) Check cashing facilities;

(4) Gambling facilities;

(5) Gun shop or firearms stores;

(6) Beer, wine, or liquor stores;

(7) Massage parlors;

(8) Pawn shops;

(9) Tanning salons; or

(10) Tattoo parlors.

D. Determination by Department of Status as Qualified Property. A political subdivision may request the Department to make a determination by September 1 of each year as to whether a property is a qualified property if it does not fit into the categories listed in §§B and C of this regulation. The Department, in consultation with the BRAC Subcabinet, will make the determination. The determination of the Department as to a specific property is final.

Md. Code Regs. 24.05.11.17