(a) In this section, "qualified project" means a residential project that: (1) 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; (2) is on property that: (i) 1. was formerly owned by the State; 2. consists of more than one building; 3. includes at least one building that was built more than 50 years before the date of application for the project; and 4. is appropriate for redevelopment as determined by the Secretary of Housing and Community Development; or (ii) 1. is currently or was formerly owned by the federal government; 2. is greater than 80 acres in size; and 3. was the site of a former U.S. military reservation; (3) contains at least 25% of units that are affordable dwelling units; and (4) is deed-restricted to include 25% of units that are affordable dwelling units for a period of at least 40 years. (b) (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, 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: (i) in an area zoned for nonresidential use; or (ii) on land that: 1. is currently or was formerly owned by the federal government; 2. is more than 80 acres in size; and 3. was the site of a former U.S. military reservation. (5) 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: (i) the highest allowable density in the local jurisdiction's residential zones; or (ii) six units per gross acre. (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 § 7-503 or § 7-504 of this subtitle.
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