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

2. “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.

3. “Affordable housing” 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:

4. “Affordable housing unit” means a unit of housing that is affordable to individuals and households with annual incomes of one hundred percent or less of area median income.

5. “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.

6. “Condominium” means a type of subdivision which may be utilized as an overnight accommodation in which owners hold title to a defined unit, together with an undivided interest in common elements pursuant to a recorded declaration.

7. “Construction requirement” means the requirement that new commercial uses construct a specified number of affordable housing units pursuant to the formula specified by Section 17.69.050.

8. “Dedication requirement” means the conveyance of real property for affordable housing purposes as provided by Section 17.69.060.

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

10. “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.

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

12. “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.

13. “Fee in lieu of construction (FILC)” means the fee payable in connection with new commercial development in lieu of the construction of affordable housing, as specified in Section 17.69.040.

14. “Final approval” means the approval, with or without conditions, by the applicable land use authority authorizing the construction of any development specified by this chapter.

15. “Final plat” means a map of a subdivision 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 subdivision.

16. “Final site plan” means a map of a development 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 commercial development.

17. “Finished floor area” means the total in square feet of all heated interior spaces of a commercial development, inclusive of common areas, stairways, elevators, and service areas.

18. “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.

19. “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.

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

21. “Land use restriction agreement (LURA)” means a contract between the City of Moab and an affordable housing developer or subdivider which is recorded as an encumbrance upon the real property to be developed, and which provides for continued enforcement of the affordability provisions 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.

22. “Lot” means a tract of land defined in an approved plat which may be conveyed to a buyer by deed.

23. “Market rate” means a housing unit offered for sale or lease which is not subject to the affordability controls of this chapter.

24. “Monitoring agency” means the City of Moab, or its designee, charged with monitoring and/or enforcement of the affordability provisions which accompany any affordable housing developed pursuant to this chapter, including any LURA provisions.

25. “Overnight accommodations” means short-term rentals for a period of less than thirty days provided to visitors, tourists, or similar persons who do not have a long-term residence in Moab or Grand County.

26. “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.

27. “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 development. The preliminary plan shall include such other submittals as to planned improvements as are required by this chapter.

28. “Preliminary plat” means a map of a subdivision development 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 subdivision.

29. “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.

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

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

32. “Subdivider” means any person creating a subdivision and offering lots or condominium units for sale to the public.

33. “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 subdivision development.

34. “Site plan” means a described tract of land 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 development.

35. “Townhouse” means multihousehold housing units utilized as overnight accommodations in which units share at least one common wall.

36. “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 and the housing market. Each housing unit shall have nonexclusive access to common elements within the particular development. (Ord. 19-13 § 21 (part), 2019; Ord. 18-20 (part), 2018)