17.64.030 Submittal requirements and approval criteria.
A. Active Employment Unit Designation.
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.
2. Deed Restriction.
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.
(C) Two-bedroom based on AMI of three-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.
B. Active Employment Household Qualification.
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:
a. Verification of Occupancy.
i. Grand County tax roll master record of ownership and primary residency.
ii. Occupant rent/lease agreement of not less than ninety days.
b. Verification of Qualified Active Employment Household.
i. Employee verification form.
ii. Home occupation business license. (Ord. 22-05 § 4, 2022)