Active Employment Household Development Information for R3-R4 Zones

Proposed City of Moab Ordinance 2022-05

Active Employment Household Requirement for new Multi-Household Developments in the R3 and R4 Residential Zones

The City is proposing to adopt an ordinance that will require 42.5% of units proposed in multi-household developments in the R3 and R4 Zones be designated as Active Employment Units, occupied by qualified Active Employment Households.

This ordinance was initiated due to the clear community need for attainable local housing, and by extension workforce housing, ie. Active Employment Housing. This need has been made apparent by the increasing market rate of housing/rent, which is pricing out the local workforce from both rent and purchase options. This shortage/crisis is being exacerbated by the increased cost of construction, increased cost of living, removal and redevelopment of existing attainable housing properties into intentionally designed luxury or second home dwellings. Attainable local housing is in decline due to these conditions, while unattainable housing is increasing. (It is important to note that this ordinance is focusing on "attainable" housing available on the local free market, as opposed to “affordable” housing which is often identified as being regulated, reduced, or subsidized.) This Ordinance is only addressing the occupancy of the unit, and does not address ownership or affordability regulations.

BAE Urban Economics consulting firm has partnered with the City to determine the rational basis percentage of designated Active Employment Units by formulating data to identify the existing and future need for workforce housing in the City.

 Upcoming Meetings for Ordinance 2022-05

Tuesday, March 29, 2022     6 p.m.
Moab City Council Chambers
Planning Commission Special Meeting
for consideration of Ordinance 2022-05
View the agenda

Thursday, March 31, 2022     6 p.m.
Moab City Council Chambers
Moab City Council Special Meeting
for consideration of Ordinance 2022-05
View the agenda

Click on the image below to submit your comments on this proposed ordinance 

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Frequently Asked Questions

What is an Active Employment Household (AEH)?
A.    “Active employment household” or “actively employed household” or “AEH”, means a household with at least one adult who meets one of the following criteria; provided, however, where there are unrelated individuals living together in one household, at least 50 percent of all the adults comprising the household shall meet one of the following criteria:

1.    A full-time (aggregate of at least 30 hours of employment per week for a minimum of nine months per calendar year) employee of a business, or entity, or entities located within Grand County; or

2.    An owner or owner’s representative of a business or entity with a primary place of business within Grand County; or

3.    A full-time (aggregate of 30 hours of employment per week for a minimum of nine months out of each calendar year) worker who is self- employed or works out of their home must provide their entire list of clients/workload so that it can be verified that a minimum of 75 percent of their work/billable hours are for clients or projects are based located within Grand County.

4.    A person who is unable to work or does not have a work history required under subsections F.1 through F.3 of this section due to a disability as defined by the state and federal Fair Housing Acts;, the Americans with Disabilities Act or other applicable state or federal law;

5.    A family member of the owner of the property

6.    A retiree with a work history required under subsection 1 through 4 of this section for the five years prior to retirement.

What is an Active Employment Unit (AEU)?
B.    “Active Employment Unit” or “AEU”, means a dwelling unit that is required to be occupied by a qualified Active Employment Household.

What is a Multi-Household Development?
“Multi-household dwelling” means three or more residential dwelling units. A Multi-Household Development is a development of property consisting of three or more dwelling units.

Who can own an Active Employment Unit?
There is no ownership restriction for AEUs. The only requirement for an AEU is that it is occupied by an Active Employment Household. 

Do Active Employment Units need to be sold or rented at a reduced or regulated cost?
No, AEUs are not restricted in cost, they are able to be sold or rented at free-market rate, so long as they are occupied by a AEH.

What are the terms of occupancy for an Active Employment Unit?
An AEU shall only be occupied by a qualified Active Employment Household. An AEU shall not be occupied, rented, or leased by an AEH less than 90 consecutive days. An AEU shall be occupied a minimum of 9 moths of the year total, which does not need to be consecutive or by the same occupant.

How will Active Employment Units be designated or recorded?
AEUs will be designated during the review and approval process of the Multi-Household Development, then the designated AEUs will be Deed Restricted with the County Recorder’s Office.

Can designated Active Employment Units ever be changed to remove the designation?
Yes, the Deed Restriction for designated AEUs can be removed if the appropriate percentage of required AEUs is re-designated with another qualified unit. 

Need More Info? 
Email the Planning Department

Read the ordinanceDraft AEH Ordinance 2022-05 032422-P1 Opens in new window

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