City Ordinance: Affordable Unit Percentage - San Antonio

Land Use and Zoning Texas 4 Minutes Read · published February 05, 2026 Flag of Texas · By Emily Carter

This guide explains how to calculate required affordable unit percentages for housing projects under San Antonio, Texas municipal rules and programs. It summarizes official sources, common calculation methods, how income bands and AMI affect unit counts, and administrative steps for approvals and appeals. Use this when planning a subdivision, multifamily development, or when applying for incentives that condition density or fee waivers on providing affordable units.

What "required affordable unit percentage" means

The required affordable unit percentage is the portion of total housing units a development must set as affordable to qualifying households, typically based on Area Median Income (AMI) bands and local definitions. Municipal requirements vary by ordinance, incentive agreement, or conditional zoning; San Antonio uses housing programs and incentive agreements administered by city departments to implement affordable housing goals. See the City Code and housing program pages for controlling language and definitions[1][2].

Check program documents early — requirements can differ by site and funding source.

How to calculate required affordable unit percentages

Follow these core steps when a city ordinance, incentive, or agreement requires a percentage of affordable units.

  • Determine the base unit count: use permitted units after zoning adjustments, not provisional estimates.
  • Confirm the controlling instrument: ordinance section, incentive agreement, or plan condition that sets the percentage.
  • Identify the applicable AMI bands and target rents or sales prices tied to each required unit.
  • Calculate raw units: multiply total units by the required percentage and round per the controlling document (round up, down, or pro rata as specified).
  • Apply unit-type adjustments: some rules count bedrooms differently or require bedroom-equivalent conversions.
  • Account for allowable offsets: in-lieu fees, off-site units, or phased compliance may change the on-site required count.

When the municipal text is silent on rounding, offset rules, or bedroom equivalencies, record the ambiguity in permit submissions and request an administrative interpretation from the enforcing department[2].

Common calculation examples

  • If a 100-unit development has a 10% requirement, required affordable units = 100 x 0.10 = 10 units.
  • If the requirement is 12.5% for a 37-unit project, verify rounding rules; absent guidance state "not specified on the cited page" and seek interpretation.
  • If in-lieu fee is permitted, calculate fee liability separately using the formula in the authorizing document or program manual.
If the city program does not publish a rounding rule, get written confirmation before issuing building permits.

Penalties & Enforcement

Enforcement is handled by the city department that administers the controlling instrument—commonly Neighborhood and Housing Services or the Planning Department—depending on whether the requirement arises from a code section, incentive agreement, or development plan. Specific fines or penalty amounts for failure to meet required affordable percentages are not specified on the cited municipal pages; applicants should consult the controlling ordinance or incentive agreement for monetary amounts and remedies[1][2].

  • Fine amounts: not specified on the cited page.
  • Escalation: whether first, repeat, or continuing offences carry increasing fines is not specified on the cited page.
  • Non-monetary sanctions: may include stop-work orders, denial of certificates of occupancy, requirement to provide units or pay in-lieu fees, or court enforcement actions depending on the instrument.
  • Enforcer and complaints: Neighborhood and Housing Services Department and Planning Department handle program compliance and complaints; use the official contact pages to report noncompliance or request interpretation[2].
  • Appeals and review: appeal routes depend on the instrument—administrative review, hearings before city boards, or municipal court may apply; specific time limits are not specified on the cited pages and should be verified in the ordinance or agreement.
  • Defences and discretion: permits, variances, hardship findings, or approved alternatives (off-site units or fees) are common defenses where authorized by the controlling document.
Document compliance clearly in permit packets to reduce enforcement risk.

Applications & Forms

Specific forms for documenting affordable unit compliance vary by program. The municipal code pages and housing program manuals do not publish a single universal form for all affordable-unit compliance; applicants should request the required compliance forms and application checklists from Neighborhood and Housing Services or Planning during pre-application meetings[2].

How to document and report compliance

  • Include a unit schedule and AMI targeting table in permit applications.
  • Keep executed affordability covenants and recorded instruments with the project file.
  • Use official department contacts for pre-application review and to submit monitoring reports.

FAQ

Who decides the required percentage for my project?
The controlling instrument—an ordinance, incentive agreement, or conditional zoning—sets the percentage; where unclear, the administering department issues interpretations[2].
Can I pay a fee instead of providing on-site units?
Many programs allow in-lieu fees or off-site units when authorized by the ordinance or agreement; check the specific program language or contact Neighborhood and Housing Services[2].
How are AMI levels applied to unit counts?
AMI bands determine which units must be affordable to which income groups; convert bedroom counts to required unit mixes per the program rules or ask for the department's calculation method.

How-To

  1. Confirm the controlling document that imposes the affordable unit percentage and note any rounding or offset clauses.
  2. Calculate the base unit count eligible under zoning and permitted density.
  3. Multiply base units by the required percentage to get the raw affordable-unit number.
  4. Apply program rules for bedroom-equivalents, rounding, and offsets to determine final on-site units.
  5. Prepare and submit documentation, including unit schedules, recorded covenants, and monitoring plans to the administering department.

Key Takeaways

  • Read the controlling ordinance or agreement first; it governs rounding, offsets, and enforcement.
  • Engage Neighborhood and Housing Services or Planning early to confirm interpretations and required forms.

Help and Support / Resources

  1. [1] City of San Antonio Code of Ordinances - Municode
  2. [2] Neighborhood and Housing Services Department - City of San Antonio

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Emily Carter

Emily Carter

Municipal Policy Researcher

Emily researches municipal codes and local ordinances across the United States. She verifies every guide against official city and state sources before publication.