A. “Adjacent” means a parcel of land that shares a boundary with the parcel of real property included in an application under this chapter.

B. “Advisory documents” means planning documents adopted by the City from time to time, including: the Moab General Plan; Storm Water Management Master Plan; Sanitary Sewer Master Plan; Water Storage Distribution Master Plan; Natural Hazards Predisaster Master Plan; or similarly adopted planning documents.

C. “Affordable housing” or “affordable units” means housing developed pursuant to this chapter in which the sales price of the unit, or the rental rate for each unit, does not exceed the sums deemed affordable to individuals and households with annual incomes of one hundred percent or less of Grand County area median income (AMI), as determined by the U.S. Department of Housing and Urban Development (HUD) and the requirements of this chapter. “Affordable housing” is further defined by the following income subcategories:

D. “Area median income (AMI)” means the published estimate of median income in Grand County that is determined periodically by HUD, as adjusted for household size.

E. “Development” means new construction or remodeling of buildings or real property.

F. “Development review team (DRT)” means the committee of City employees including the Planning Director, Public Works Director, Building Official, and such other persons as may be designated by the City from time to time.

G. “Developer” means a person offering affordable housing units developed pursuant to this chapter for lease or rent to eligible persons.

H. “Development improvements agreement (DIA)” means a written agreement between an applicant for a planned affordable development and the City of Moab containing specific requirements to ensure the construction of specified public or private improvements, the phasing of construction, and security to ensure completion of improvements as a condition for final plat/plan approval.

I. “Eligible persons” means those persons authorized to occupy PAD affordable housing units, as further defined in Section 17.68.110.

J. “Final approval” means the approval, with or without conditions, given by the City Council, providing the necessary authority for an applicant to: (1) in the case of a PAD subdivision, record the final plat and convey subdivision lots; or (2) in the case of a PAD rental development, proceed with development of rental units.

K. “Final plat” means a map of a subdivision under this chapter which has been surveyed by a licensed professional land surveyor and acknowledged by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, public/private improvements, and other attributes of a PAD subdivision.

L. “Final site plan” means a map of a rental development under this chapter which has been surveyed by a licensed professional land surveyor and acknowledged by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, building envelopes, public/private improvements, and other attributes of a PAD rental development.

M. “Habitable room” means a heated room in a dwelling that is intended for human occupation. Habitable rooms do not include bathrooms, closets, storage rooms, utility spaces, or the like.

N. “Household” means a person living alone, or two or more persons, whether related by blood or marriage or not, who reside together in a single dwelling unit.

O. “HUD” means the United States Department of Housing and Urban Development.

P. “Land use restriction agreement (LURA)” means a contract between the City of Moab and an affordable housing developer or subdivider that is recorded as an encumbrance upon the real property to be developed, and that provides for continued enforcement of the affordability provisions and other requirements of this chapter for a duration of not less than fifty years. A LURA shall run with the land and be binding upon the parties and their successors in title, as provided by its terms.

Q. “Lot” means a tract of land defined in an approved plat which is developed for housing and which may be conveyed to a buyer by deed.

R. “Market rate” means a housing unit offered for sale or lease that is not subject to limitations as to sales price or rental rates otherwise applicable to affordable units under this chapter.

S. “Monitoring agency” means the City of Moab, or its designee, charged with monitoring and/or enforcement of the affordability controls or development approval conditions for housing developed pursuant to this chapter, including LURA provisions.

T. “Original purchase price” means the actual sales price for affordable housing units developed under this chapter calculated as follows: principal, interest, taxes, and insurance (PITI) on the unit shall not exceed thirty percent of the Grand County AMI for a household of four divided by twelve months. Assumptions used to calculate the OPP shall be (1) a five percent down payment; (2) a thirty-year mortgage term; and (3) a mortgage rate equal to the prevailing first home rate, or its equivalent, of the Utah Housing Corporation (or similar agency).

U. “Overnight accommodations” means short-term rental housing provided to short-term tenants for a period of thirty consecutive days or less.

V. “Public dedication” means streets, sidewalks, parks, open space, trails, or other areas of land or improvements to be dedicated to public use under this chapter.

W. “Preliminary plan” means a map of a rental development proposed under this chapter which has been surveyed by a licensed professional land surveyor and acknowledged or authorized by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, building envelopes, public/private improvements, utilities, and other attributes of a proposed PAD rental development. The preliminary plan shall include such other submittals as to planned improvements as are required by this chapter.

X. “Preliminary plat” means a map of a subdivision development proposed under this chapter which has been surveyed by a licensed professional land surveyor and acknowledged or authorized by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, building envelopes, public/private improvements, utilities, and other attributes of a proposed PAD subdivision. The preliminary plat shall include such other submittals as to planned improvements as are required by this chapter.

Y. “Preliminary approval” means an approval, with or without conditions, given by the land use authority that provides the necessary authority for an applicant to proceed with the preparation of the final plat or the final plan.

Z. “Project area” means a defined tract of land, including all subsequent development phases, that is proposed for a PAD development application.

AA. “Setback” means the minimum distance from a specified boundary that a structure or other feature must be located.

BB. “Subdivider” means any person creating a subdivision pursuant to this chapter and offering affordable housing units or lots for sale to eligible persons.

CC. “Subdivision” means a described tract of land that has been surveyed by a licensed professional land surveyor and acknowledged or authorized by the owner, that describes two or more lots which may be conveyed to buyers, and that accurately depicts streets, alleys, easements, blocks, lots, survey monuments, and other attributes of a proposed PAD subdivision development.

DD. “Site plan” means a described tract of land proposed for rental development under this chapter which has been surveyed by a licensed professional land surveyor and acknowledged or authorized by the owner, and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments, building envelopes, public/private improvements, utilities, and other attributes of a proposed PAD rental development.

EE. “Unit” means a residential dwelling containing, at minimum, a permanently installed kitchen (including, a sink, stove, refrigerator, counters, and cabinets), bathroom (sink, toilet, and a shower or bathtub), bedroom (or sleeping area), living room (or area), parking, and storage space. All habitable rooms shall be separate from the bathroom(s). A residential unit may contain more than one bedroom, depending upon the needs of the development. Each housing unit shall have nonexclusive access to common elements within the particular development. (Ord. 19-13 § 21 (part), 2019; Ord. 19-02 (part), 2019)