Moab City Zoning Code

17.64 Active

Employment Household

17.64.010 Purpose.

Active employment household is a defined use parameter, meant to identify qualified workforce residents, whereby the permitted uses in zoning districts shall include a required designation for active employment units as a part of a development or qualified occupancy of dwelling property. (Ord. 22-05 § 4, 2022)

17.64.020 General standards.

A. Active employment households shall be regulated by this chapter, in addition to the requirements defined in Chapter 17.06, Definitions, for “accessory dwelling unit, Type 1,” and “accessory dwelling unit, Type 2.”

B. The provisions of this chapter and use parameter requirement shall be reviewed on a recurring interval of two years from date of adoption, for assessment of continued need and inclusion in the underlying zones in which it is required.

C. Active employment households and active employment units required as a use parameter for the permitted use of multi-household dwelling developments shall be regulated as follows:

1. Not less than thirty-three percent of the number of dwellings approved for multi-household dwelling developments in the R-3 multi-household residential zone and R-4 manufactured housing residential zone shall be designated or deed restricted to be active employment units.

a. Where the percentage of any required active employment units in a multi-household dwelling development, as applied to the total number of units, results in a decimal, the number of required AEUs shall be rounded down if the remainder is less than nine-tenths; and rounded up if greater than nine-tenths.

2. Active employment units shall be roughly equivalent by number in type (e.g., studio, one bedroom, two bedroom…) and size (square footage) to the non-active employment units within the development.

3. The active employment units shall be ready for occupancy no later than the date of the initial, or temporary occupancy of any non-active employment units within the project or applicable phases thereof. If the non-active employment units are developed in phases, then the active employment units may be developed in proportion to the phasing of the non-active employment units (e.g., not less than thirty-three percent of the units developed for occupancy in any phase shall be active employment units).

4. Active employment units shall only be occupied by households who qualify as active employment households.

5. Active employment units shall be occupied by active employment households a minimum of nine months per calendar year, which do not need to be consecutive or held by the same occupant.

6. Active employment units shall not be occupied, rented, or leased by active employment households for less than ninety consecutive days. (Ord. 22-05 § 4, 2022)

17.64.030 Submittal requirements and approval criteria.

1. Active employment units shall be designated through one or more of the following:

a. AEUs shall be designated on townhome or condominium plat for multi-household developments in the R-3 multi-household residential zone and R-4 manufactured housing residential zone that require townhome or condominium plat approval.

b. AEUs shall be designated on site plan approval materials for multi-household developments in the R-3 multi-household residential zone and R-4 manufactured housing residential zone that require site plan approval.

c. AEUs shall be designated on building permit plan approval for multi-household developments in the R-3 multi-household residential zone and R-4 manufactured housing residential zone that require building permit plan approval.

d. AEUs shall be designated by deed restriction for Type 1 and Type 2 ADUs per Chapter 17.70, Accessory Dwelling Units.

a. A deed restriction must be filed with the Grand County Recorder’s Office, which states:

i. “An approval for an Active Employment Unit was issued to____________, the current owner of this property on_______________. The owner shall strictly adhere to the prohibition of the use of the Active Employment Unit as nightly or short-term rental. The lease period for an Active Employment Unit shall be a minimum of ninety (90) days.” Modified deed restriction language may be proposed by the City. In the occurrence that the MMC requirements and regulations change regarding this restriction, a release of deed restriction, signed by the City, may remove this restriction.

ii. “An approval for an Active Employment Unit was issued to ____________, the current owner of this property on_______________. The owner, and or occupant, shall strictly adhere to the Moab Municipal Code requirements and regulations for Active Employment Units and Active Employment Households.” Modified deed restriction language may be proposed by the City. In the occurrence that the MMC requirements and regulations change regarding this restriction, a release of deed restriction, signed by the City, may remove this restriction.

iii. “The term of this deed restriction shall be 50 years from the date of its recording with the Grand County Recorder’s Office. This deed restriction shall automatically expire on the completion of the term and shall have no further effect thereafter.”

b. The City shall remove the deed restriction for a designated AEU if the City receives a written request from the owner of record of a designated AEU to remove the deed restriction showing that one of the following conditions is satisfied:

i. The City approves the designated AEU for redesignation with a qualifying unit, within the same development, through subsection (B)(2) of this section; or

ii. The designated AEU is unable to be rented to a qualified AEH after an active listing (on market) period of one hundred twenty days at standard thirty percent dedicated gross rent rate (gross rent rate includes rent paid to owner, utilities including electricity, gas, water, and sewer, and property fees including HOA or CC&R fees) of the current one hundred percent Area Median Income (AMI), set annually by the U.S. Department of Housing and Urban Development (HUD), based on the standard household size of one occupant per studio, and one and one-half occupants per one bedroom and each additional bedroom.

(A) Studio-unit based on AMI of one-person-household.

(B) One-bedroom based on AMI of one-and-one-half-person-household.

(D) Three-bedroom based on AMI of four-and-one-half-person-household.

(E) Four-bedroom based on AMI of six-person-household.

iii. A lender forecloses and subsequently acquires a designated AEU or an apartment building with one or more designated AEUs.

1. Active employment households shall meet the criteria defined in Section 17.06.020, Definitions, “active employment household.”

2. Active employment households shall verify qualifications through staff review and approval as part of applicable approval process; verification submittals may include:

i. Grand County tax roll master record of ownership and primary residency.

ii. Occupant rent/lease agreement of not less than ninety days.

i. Employee verification form.

ii. Home occupation business license. (Ord. 22-05 § 4, 2022)

17.64.040 Review procedures.

A. The land use authority responsible for the type and process of development (e.g., building permit approval, site plan approval, townhome plat or condominium plat approval) shall review and approve the congruity requirement for active employment units with non-active employment units referenced in Section 17.64.030(B)(2).

B. Prior to the preliminary or final plan or plat approvals for any project or phase of project, the active employment units shall be identified and designated on the preliminary and final plan or plat for such projects or phases.

C. Waiver of Building Permit and Planning Fees. Thirty-three percent of the building permit fee and site plan application fee, as applicable, shall be waived for project submittals complying with the standards of this chapter. (Ord. 22-05 § 4, 2022)

17.64.050 Enforcement.

In addition to any other legal or equitable remedies available to a municipality, the City may pursue enforcement and compliance for active employment household units in violation, or if the owner of the property violates any of the provisions of this section.

A. Violation. The requirements and regulations set forth herein regulating the use and occupancy of the active employment units shall run with the portion of land or designation of units constituting the required percentage or dedication of active employment units of a multi-household development or accessory dwelling unit:

1. The required designation of active employment units shall extend for as long as the use parameter remains a requirement of the permitted use for compliance within the zone. The following conditions of violation shall impose the following penalty:

a. The designated property or property containing the active employment unit will be in violation if the active employment unit is occupied by any household that is not a qualified AEH, if, thirty days after written notice from the City, the AEU is not occupied by an AEH.

b. The designated property or property containing the active employment unit will be in violation if the AEU is not occupied by an AEH for a minimum of nine months in any calendar year, allowing the AEU to be unoccupied for ninety days, if, thirty days after notice from the City, the AEU is not occupied by an AEH.

c. The designated property or property containing the active employment unit will be in violation if the AEU is occupied, rented or leased, by an AEH, less than ninety consecutive days, if, thirty days after notice from the City, the AEU is not occupied by an AEH.

d. In the event of violation, penalties may be assessed by the City against the active employment unit owner, as determined by Chapter 17.78, Zoning Violations – Penalties.

B. Process of Violation. If the owner of the property violates any of the provisions of this chapter, the City may peruse the violation for noncompliance in accordance with established processes outlined by Chapter 17.78, Zoning Violations – Penalties. (Ord. 22-05 § 4, 2022)

Moab City Zoning Code

17.64 Active

Employment Household

17.64.010 Purpose.

17.64.020 General standards.

C. Active employment households and active employment units required as a use parameter for the permitted use of multi-household dwelling developments shall be regulated as follows:

4. Active employment units shall only be occupied by households who qualify as active employment households.

5. Active employment units shall be occupied by active employment households a minimum of nine months per calendar year, which do not need to be consecutive or held by the same occupant.

6. Active employment units shall not be occupied, rented, or leased by active employment households for less than ninety consecutive days. (Ord. 22-05 § 4, 2022)

17.64.030 Submittal requirements and approval criteria.

1. Active employment units shall be designated through one or more of the following:

d. AEUs shall be designated by deed restriction for Type 1 and Type 2 ADUs per Chapter 17.70, Accessory Dwelling Units.

a. A deed restriction must be filed with the Grand County Recorder’s Office, which states:

i. The City approves the designated AEU for redesignation with a qualifying unit, within the same development, through subsection (B)(2) of this section; or

(A) Studio-unit based on AMI of one-person-household.

(B) One-bedroom based on AMI of one-and-one-half-person-household.

(D) Three-bedroom based on AMI of four-and-one-half-person-household.

(E) Four-bedroom based on AMI of six-person-household.

iii. A lender forecloses and subsequently acquires a designated AEU or an apartment building with one or more designated AEUs.

1. Active employment households shall meet the criteria defined in Section 17.06.020, Definitions, “active employment household.”

2. Active employment households shall verify qualifications through staff review and approval as part of applicable approval process; verification submittals may include:

i. Grand County tax roll master record of ownership and primary residency.

ii. Occupant rent/lease agreement of not less than ninety days.

i. Employee verification form.

ii. Home occupation business license. (Ord. 22-05 § 4, 2022)

17.64.040 Review procedures.

17.64.050 Enforcement.

d. In the event of violation, penalties may be assessed by the City against the active employment unit owner, as determined by Chapter 17.78, Zoning Violations – Penalties.

Moab City Zoning Code

17.64 Active

Employment Household

17.64.010 Purpose.

17.64.020 General standards.

C. Active employment households and active employment units required as a use parameter for the permitted use of multi-household dwelling developments shall be regulated as follows:

4. Active employment units shall only be occupied by households who qualify as active employment households.

5. Active employment units shall be occupied by active employment households a minimum of nine months per calendar year, which do not need to be consecutive or held by the same occupant.

6. Active employment units shall not be occupied, rented, or leased by active employment households for less than ninety consecutive days. (Ord. 22-05 § 4, 2022)

17.64.030 Submittal requirements and approval criteria.

1. Active employment units shall be designated through one or more of the following:

d. AEUs shall be designated by deed restriction for Type 1 and Type 2 ADUs per Chapter 17.70, Accessory Dwelling Units.

a. A deed restriction must be filed with the Grand County Recorder’s Office, which states:

i. The City approves the designated AEU for redesignation with a qualifying unit, within the same development, through subsection (B)(2) of this section; or

(A) Studio-unit based on AMI of one-person-household.

(B) One-bedroom based on AMI of one-and-one-half-person-household.

(D) Three-bedroom based on AMI of four-and-one-half-person-household.

(E) Four-bedroom based on AMI of six-person-household.

iii. A lender forecloses and subsequently acquires a designated AEU or an apartment building with one or more designated AEUs.

1. Active employment households shall meet the criteria defined in Section 17.06.020, Definitions, “active employment household.”

2. Active employment households shall verify qualifications through staff review and approval as part of applicable approval process; verification submittals may include:

i. Grand County tax roll master record of ownership and primary residency.

ii. Occupant rent/lease agreement of not less than ninety days.

i. Employee verification form.

ii. Home occupation business license. (Ord. 22-05 § 4, 2022)

17.64.040 Review procedures.

17.64.050 Enforcement.

d. In the event of violation, penalties may be assessed by the City against the active employment unit owner, as determined by Chapter 17.78, Zoning Violations – Penalties.