Current with changes from the 2024 Legislative Session
Section 7-503 - [Effective 1/1/2025] Density of qualified project to exceed density otherwise authorized consisting of new construction(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; and2. 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; and2. 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.Added by 2024 Md. Laws, Ch. 122,Sec. 1, eff. 1/1/2025.