General requirements for Affordable Housing Units.
Columbus City Codes § 4565.04
in effect4565.04 - General requirements for Affordable Housing Units.
(A) Wherever Affordable Housing Units are required pursuant to this Chapter, they shall be dispersed throughout the Development Project and shall be comparable to the design and quality of market-rate Housing Units within the Development Project in terms of appearance, materials, and finish.
(B) The distribution of Housing Unit sizes across the Affordable Housing Units shall mirror the distribution of Housing Unit sizes across the entire Development Project (i.e., if twenty percent of the Housing Units within the Development Project are two-Bedroom Housing Units, then twenty percent of the Affordable Housing Units must be two-Bedroom Housing Units). For Development Projects with unique mix configurations, and that do not easily lend themselves to the prescribed affordable set-aside percentages, the Housing Officer is authorized to negotiate Affordable Housing Unit set asides on a case-by-case basis, with the understanding that the overall goal of mixed income housing within the Development Project is achieved.
(C) Throughout the term of the Incentive, the Affordable Housing Units provided in a Development Project may be located in different physical Housing Units over time (Affordable Housing Units may "float" through the Development Project over time), while at the same time complying with subsections (A) and (B) above. However, the Project Sponsor shall not congregate all or most of the Affordable Housing Units in one building or in one primary area of the Development Project for projects of four (4) or more Housing Units.
(D) Affordable Housing Units shall be constructed within a similar timeline as non-Affordable Housing Units within the Development Project.
(E) Affordable Housing Units shall be provided access to amenities and recreational facilities within the Development Projects on equal terms to market-rate Housing Units. However, nothing in this section prohibits or dissuades the provision of amenities and recreational facilities to Affordable Housing Unit residents at a lesser rate than that charged to residents of non-Affordable Housing Units.
(F) Affordable Housing Units shall be rented or sold only to qualified persons whose annual Household Income does not exceed sixty percent (60%) AMI, eighty percent (80%) AMI, one hundred percent (100%) AMI, or one hundred twenty percent (120%) AMI for the Household size for which the Housing Unit was designed, as applicable, and for home sales, the Cost of Ownership does not exceed 35% of the Household's Gross Annual Income.
(G) To qualify as an Affordable Housing Unit, the Housing Unit must be occupied as the principal residence of the occupant or occupants.
(H) Any fee charged by the Project Sponsor to the prospective tenant or purchaser of an Affordable Housing Unit must be a usual, customary transaction fee normally incurred in a residential transaction. The Housing Officer may establish a range of fees that are presumptively usual and customary in such transactions based on industry data in use at the time that the Incentive is granted.
(I) The Housing Officer is authorized to adopt and implement such rules, standards, and processes as are necessary to administer this chapter and that are consistent with the City's goal of providing Affordable Housing Units within Development Projects that receive an Incentive.
(J) Development Projects that are not completed due to a major casualty, condemnation or other force majeure event as determined by the Housing Officer, are required to provide a proportional percentage of Affordable Housing Units as measured against the total Housing Units constructed (i.e., if the Development Project was supposed to construct 4 apartment buildings with 40 units each, and 40 units were required to be Affordable Housing Units, and if the Developer constructed 2 apartment buildings, then each of the 2 buildings constructed must have 10 Affordable Housing Units).
(K) Development Projects that benefit from Low Housing Income Tax Credits (LIHTC) shall not be required to enter into an incentive agreement with the City, provided that the Project Sponsor submits proof of receipt of said tax credits. Such Development Projects must follow all applicable sections of this Chapter.
(L) Qualifying Development Projects shall not be required to enter into an incentive agreement with the City; provided, however, such Qualifying Development Projects must follow all applicable sections of this Chapter.
(Ord. No. 3447-2023, § 1, 12-11-2023; Ord. No. 1907-2025, § 1, 7-28-2025; Ord. No. 3328-2025, § 1, 12-15-2025)
Source: City of Columbus, City Codes and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/oh/columbus/codes/code_of_ordinances?nodeId=TIT45HOCO_CH4565AFHOCOREARINPO_4565.04GEREAFHOUNFetched: 10/27/2026