In this subtitle the following words have the meanings indicated. “Affordable” means that housing costs do not exceed 30% of a household’s income. “Affordable dwelling unit” means a dwelling unit that is affordable to households earning 60% or less of the area median income. “Area median income” means the median household income for the area adjusted for household size as published and annually updated by the U.S. Department of Housing and Urban Development. “Board of appeals” means a board of appeals established under Title 4, Subtitle 3 of this article. “Cottage cluster” means a grouping of not fewer than four detached housing units per acre that: have a footprint of less than 900 square feet each; and include a common courtyard. “Historic district commission” or “historic preservation commission” means a commission established under Title 8, Subtitle 2 of this article. “Middle housing” means: duplexes; triplexes; quadplexes; cottage clusters; or town houses. “Mixed–use” means any combination of a residential use with a recreational, office, dining, or retail use. “Mixed–use” does not mean any combination of a residential use with an industrial or hazardous use. “Permit” means a building permit or other permit issued in writing, as required by a local jurisdiction, to authorize the start of predevelopment or construction activities to construct, alter, demolish, or relocate an existing or new structure. “Planning commission” includes a planning commission or board established under: Title 2 of this article; Division II of this article; or Title 10 of the Local Government Article. “Town house” means a complex of dwelling units constructed in a row of three or more attached units, where each dwelling unit is located on an individual lot or parcel and shares at least one common wall with an adjacent dwelling unit. “Unreasonable limitation or requirement” includes any limitation or requirement that amounts to a de facto denial by having a substantial adverse impact on: the viability of an affordable housing development in a qualified project; the degree of affordability of affordable dwelling units in a qualified project; or the allowable density or number of units of the qualified project.

In this section, “qualified project” means a residential project that: 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; is on property that: was formerly owned by the State; consists of more than one building; includes at least one building that was built more than 50 years before the date of application for the project; and is appropriate for redevelopment as determined by the Secretary of Housing and Community Development; or is currently or was formerly owned by the federal government; is greater than 80 acres in size; and was the site of a former U.S. military reservation; contains at least 25% of units that are affordable dwelling units; and is deed–restricted to include 25% of units that are affordable dwelling units for a period of at least 40 years. 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. In an area zoned for single–family residential use, a qualified project may include middle housing units. In an area zoned for multifamily residential use, a qualified project: 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 may consist of mixed–use. 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: in an area zoned for nonresidential use; or on land that: is currently or was formerly owned by the federal government; is more than 80 acres in size; and was the site of a former U.S. military reservation. 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: the highest allowable density in the local jurisdiction’s residential zones; or six units per gross acre. 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.

In this section the following words have the meanings indicated. “Qualified project” means a residential project that: consists of new construction or substantial renovation; is on property that is located within three–quarters of a mile of a rail station located in the State; except as provided in item (iv) of this paragraph: contains at least 15% of units that are affordable dwelling units; and is deed–restricted to include 15% of units that are affordable dwelling units for a period of at least 40 years; and 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: contains at least 20% of units that are affordable dwelling units; and is deed–restricted to include 20% of units that are affordable dwelling units for a period of at least 40 years. “Rail station” means a present or planned: MARC station along the Penn, Camden, or Brunswick lines; Baltimore Metro SubwayLink station; Baltimore Light RailLink station; Metrorail system station in the State; or any other passenger rail station. This section does not apply to: a property located within three–fourths of a mile of a rail station in the State if: the rail station is located on the campus of an institution of higher education as defined in § 10–101 of the Education Article; or only a portion of the property is located within the three–fourths of a mile of the rail station; or an area zoned for single–family residential use: on January 1, 2024; and during any process to increase allowable density under subsection (c) of this section. 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. In an area zoned for single–family residential use, a qualified project may include middle housing units. In an area zoned for multifamily residential use, a qualified project: 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 may consist of mixed–use. 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. 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. 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.

In this section the following words have the meanings indicated. “Controlled by” means a business structure in which a nonprofit organization is a managing member, general partner, or otherwise controlling entity with a for–profit member or partner as demonstrated by an attorney licensed in the State. “Nonprofit organization” means an organization that is qualified as tax–exempt under § 501(c)(3) of the Internal Revenue Code and has been designated as such for at least 3 years. “Qualified project” means a residential project that: consists of new construction or substantial renovation; is on land, including land that is subject to a ground lease, that: is wholly owned by a nonprofit organization; or includes improvements owned by an entity that is controlled by a nonprofit organization; contains at least 25% of units that are affordable dwelling units; and is deed–restricted to include 25% of units that are affordable dwelling units for a period of at least 40 years. 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. In an area zoned for single–family residential use, a qualified project may include middle housing units. In an area zoned for multifamily residential use, a qualified project: 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 may consist of mixed–use. Subject to § 7–509 of this subtitle, in an area zoned for nonresidential use, 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. 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. 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 § 7–503 of this subtitle.

A local jurisdiction may not impose any unreasonable limitation or requirements on a qualified project under this subtitle, including limitations on or requirements concerning: height; setback; bulk; parking; loading, dimensional, or area; or similar requirements.

Except as otherwise provided or required by State law, a local government may not require that a qualified project under this subtitle be reviewed at more than two public hearings before each of the following: the local governing body; and the planning commission. Except as otherwise provided or required by State law, a local government may not require that a qualified project under this subtitle be reviewed at more than one public hearing before each of the following: a historic district commission or historic preservation commission; and the board of appeals.

The increased density limits under §§ 7–502 through 7–504 of this subtitle are in addition to increased density that is allowed or required by a local jurisdiction.

Under this subtitle, the density of a qualified project may not exceed the density otherwise authorized in a district or zone located on: agricultural land, as defined in § 9–206 of the Tax – Property Article; or conservation property, as defined in § 8–209.1 of the Tax – Property Article.

Before a qualified project is authorized to exceed the density in an area zoned for nonresidential use under § 7–502(b)(4), § 7–503(c)(4), or § 7–504(b)(4) of this subtitle, the entity responsible for the qualified project shall: conduct a public health impact assessment; and receive approval of the public health impact assessment from the Department of Housing and Community Development. A public health impact assessment under this subsection shall evaluate potential public health impacts associated with the proximity of the qualified project to any health hazards within the area zoned for nonresidential use. The Department of Housing and Community Development may not approve a public health impact assessment submitted under this section if the assessment shows that residential use in the nonresidential zone would present a substantial risk to the health and safety of the residents. The Department of Housing and Community Development shall adopt regulations to carry out the provisions of this section.