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<section article="glu" article_name="Land Use" number="7-504" title_number="7" title_name="Other Development Management Tools" subtitle_number="5" subtitle_name="Housing Expansion and Affordability">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“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.</text>
    </level>
    <level label="3">
      <text>“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.</text>
    </level>
    <level label="4">
      <text>“Qualified project” means a residential project that:</text>
      <level label="i">
        <text>consists of new construction or substantial renovation;</text>
      </level>
      <level label="ii">
        <text>is on land, including land that is subject to a ground lease, that:</text>
        <level label="1">
          <text>is wholly owned by a nonprofit organization; or</text>
        </level>
        <level label="2">
          <text>includes improvements owned by an entity that is controlled by a nonprofit organization;</text>
        </level>
      </level>
      <level label="iii">
        <text>contains at least 25% of units that are affordable dwelling units; and</text>
      </level>
      <level label="iv">
        <text>is deed–restricted to include 25% of units that are affordable dwelling units for a period of at least 40 years.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>In an area zoned for single–family residential use, a qualified project may include middle housing units.</text>
    </level>
    <level label="3">
      <text>In an area zoned for multifamily residential use, a qualified project:</text>
      <level label="i">
        <text>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</text>
      </level>
      <level label="ii">
        <text>may consist of mixed–use.</text>
      </level>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
    <level label="5">
      <text>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.</text>
    </level>
    <level label="6">
      <text>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.</text>
    </level>
  </level>
</section>
