(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; and 2. 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; and 2. 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.
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