17-7-11.7 Open space | Midvale Municipal Code

17-7-11.7 Open space.

1. Intent. To provide open space as an amenity that promotes physical and environmental health within the community and to provide each household with access to a variety of active and passive open space types.

2. Applicability. Open space types are permitted, not permitted, or limited according to each form district. See Table 7.01.

Table 7.01. Open Space Type by Form District
Open Space Type	Form District
Open Space Type	MS	TCC
Pocket Park	P	P
Town Square	P	P
Park	P	P
BTZ Pedestrian Space	L	L

P = Permitted	N = Not Permitted
L = Limited by Building and Frontage Type

3. All open spaces shall meet the following general requirements:

a. All open spaces within the Main Street FBC district shall comply with one of the open space types as defined in this section.

b. All open space types shall provide public access from a vehicular and/or pedestrian right-of-way.

c. Pocket park, town square, and park open spaces shall be platted as a parcel or group of parcels or, with permission from the city, may be located within a right-of-way.

d. Unless prohibited, open space types may incorporate fencing; provided, that the following requirements are met:

i. Fencing shall be a maximum height of three feet unless approved by the community development director for such circumstances as proximity to railroad right-of-way or use around swimming pools, ball fields, and ball courts.

ii. Fence opacity shall be no greater than sixty percent. Landscaping is exempt from this opacity requirement.

iii. Chain-link fencing is not permitted, with the exception of dedicated sports field or court fencing as approved by the community development director.

iv. If a fence is built along a street front, openings, with or without gates, shall be provided on each individual street front with a minimum spacing of one opening every one hundred feet or a minimum of one opening on street fronts that are less than one hundred feet.

e. Ownership of all open space types may be either public or private.

f. Parking shall not be required for an open space type, unless a use other than open space is determined by the city.

g. Continuity of connections to existing or planned trails or open space types shall be made when the open space abuts key trail corridors or another open space type.

a. The following further explains or defines the requirements for each open space type. Refer to Tables 7.02 through 7.05 for the specific requirements of each open space type.

i. The minimum area of all open space types is measured within the lot lines of the property.

ii. The maximum area of all open space types is measured within the lot lines of the property.

iii. The minimum dimension requirement is a way to make sure that the size of an open space is not too small for its particular open space type. The minimum dimension for all open space types is derived from overlaying the open space plan with two straight lines that intersect at right angles and whose endpoints are at the outer property lines. The first line is placed at the longest distance across the open space. The second line crosses the first line at a right angle at the place on the first line that follows the longest distance in the direction perpendicular to the first line. The “minimum dimension” is the shorter of these two lines. Figure 7.01 shows three examples of measuring the minimum dimension.

Figure 7.01. Minimum Dimension Measurement Examples

c. The minimum access requirement ensures access and visibility for the open space. It is described in two ways:

i. The percentage of the total perimeter that must be adjacent to a public right-of-way.

ii. The minimum number of and/or spacing between access points into the open space.

d. Adjacent lots are those which are directly adjacent to or directly across the street from an open space.

i. The adjacent form district requirement places a restriction on open spaces which are located adjacent to a form district boundary. The given open space type is permitted to be adjacent to the listed form district(s).

ii. The preferred orientation of adjacent lots is toward the open space. The given open space type is permitted adjacent to, or across the street from, the listed property line type(s).

e. Improvements of the following types may be permitted in an open space:

i. Sports fields are fields or courts that are designed for one or more specific sports.

(A) Sports fields areas are limited in size, expressed as a maximum percentage of the total park area.

(B) Paved sports courts do not count toward pavement requirements.

ii. Playgrounds are defined areas with play structures and equipment, such as slides, swings, and climbing structures, typically for children under twelve years old.

(A) Fully enclosed inhabitable structures are permanent structures with a roof and walls with closeable doors that fully enclose the space. They are intended for uses such as, but not limited to, park offices, maintenance sheds, community centers, and restrooms.

(B) Open-air inhabitable structures are permanent structures with a roof or overhead covering and partially or fully open sides. Examples include, but are not limited to, gazebos, pavilions, pergolas, and shade structures.

(C) Landscape structures are permanent uninhabitable structures that are used for aesthetic purposes or active uses that are not a sports field/court or playground. Examples include, but are not limited to, water features, monuments, sculptures, splash pads, climbing walls, and skate parks.

iv. The pavement requirements are expressed as percentages of the total area of the open space, as measured within the lot boundaries. Paved areas may use impervious and/or semi-pervious paving materials. Three percentages are given:

(A) The minimum total area is the smallest permitted paved area and includes the sum of both impervious and semi-pervious paved areas.

(B) The maximum total area is the largest permitted paved area and includes the sum of both impervious and semi-pervious paved areas.

(C) The maximum impervious pavement area is the largest area permitted to be paved with impervious paving materials. This maximum impervious pavement percentage is lower than the maximum total percentage so the use of semi-pervious areas are required to reach the maximum total paved area. With no minimum for impervious paved area, the maximum total area may be reached by using only semi-pervious materials.

(D) Paved sports courts are not counted in the pavement requirement percentages.

v. Lighting makes open spaces useful after sunset and improves nighttime safety. Each open space type requires lighting, but the amount and type of lighting differs with each open space type and design. Except as required in this section, lighting in open spaces shall be subject to the same lighting standards as buildings.

vi. Seating is an important component of all open spaces; it encourages people to stop and spend time in the open space rather than just pass through and allows people with different mobility and physical needs to enjoy the open space. Each open space type requires seating, but the amount and type of seating differs with each open space type and design. The following principles apply to open space seating:

(A) Seat counts for manufactured seat furniture shall be counted according to the manufacturer’s specifications. For built-on-site seating, such as seat walls, steps, and benches, each two feet of linear seating shall be considered one seat.

vii. “Landscaping” refers to areas that are planted with live plants. These areas are subdivided into lawns (expanses of turf grass) and planted areas (plants that are not turf grass). Trees can be planted in both lawns and planted areas. Landscape designs will vary widely between open space types and are based on specific site characteristics and design goals.

viii. Bicycle facilities located in open spaces are an important part of the active transportation network. The amount and type of bicycle facilities differs with open space type and design. The following principles apply to open space bicycle facilities:

(A) Bicycle rack locations shall be convenient to rights-of-way or other connections to the active transportation network, be visible in the daytime and well-lit at night in order to deter bike theft.

(B) Each bicycle rack shall have an appropriate amount of clear space around it so that loading and unloading a bicycle from the rack shall not impede any adjacent pedestrian walkway.

f. BTZ pedestrian space is the space between the primary facade of a building and the adjacent right-of-way property line when the facade is located within the BTZ and away from the property line. BTZ pedestrian space is not required. Buildings with primary facades located directly on the right-of-way property line have no BTZ pedestrian space.

i. BTZ pedestrian space regulations apply only to the general, limited bay, and civic building types and only along primary frontages.

ii. Depth is measured from the right-of-way property line, perpendicular to the property line, to the portion of the building facade that is furthest from the property line.

iii. May include paved areas and/or planted areas.

(A) BTZ pedestrian spaces must include paved walkways/driveways to all pedestrian and vehicular entrances in the facade.

(B) Planted areas shall be enclosed with six-inch-high curbing.

iv. Must be open to the street and shall only be enclosed by the primary building facade.

(A) Shall not be enclosed with any overhead roof structure or building mass. Shade structures are permitted.

(B) Shall not be enclosed with any fencing, walls, or hedges.

v. Shall be open to public use.

5. Stormwater in Open Space Types. Stormwater management structures, such as storage and retention facilities, may be integrated into open spaces and used to meet stormwater requirements for surrounding lots.

a. Stormwater features in open spaces may be designed as formal or natural amenities with additional uses other than stormwater management, such as an amphitheater, sports field, or a pond or pool as part of the landscape design. Stormwater features shall not be fenced and shall not impede public use of the land they occupy.

b. A qualified professional such as a landscape architect, certified landscape designer, or civil engineer shall prepare and/or review plans for any open space that incorporates stormwater features.

1. Intent. Pocket park areas may be appropriate in certain areas of the district. These parks may be very narrow or otherwise constrained in ways that would make a more traditional larger park unfeasible.

2. General Requirements. Pocket parks should be strategically located, if possible. Pocket parks are a valuable temporary use on lots that are undeveloped. Regulations for the pocket park open space type are defined in Table 7.02.

Table 7.02. Pocket Park Requirements
Dimensions
1.	Minimum Area	0.10 acres
2.	Maximum Area	0.25 acres
3.	Minimum Dimension	None
4.	Minimum Access	1 pedestrian entry to right-of-way for every 20' of frontage
Adjacent Lots
5.	Adjacent Form District(s)	Any
6.	Adjacent Lot Lines	Side, Rear
Improvements
7.	Permitted Sports Fields/Courts	Not Permitted
8.	Playground	Permitted
9.	Permitted Structures	Open-air inhabitable, water feature, monument, sculpture, splash pad
10.	Minimum Paving Total Area	15%
11.	Maximum Paving Total Area	30%
12.	Maximum Impervious Pavement Area	20%
13.	Lighting	Required, 16' max fixture height
14.	Seating	1 per 500 SF
15.	Landscaping	50% min. live plant coverage in planted areas at maturity, excluding trees
16.	Trees	1 per 1000 SF
17.	Bicycle Facilities	1 rack per 1200 SF, minimum 3. 1 bicycle repair station at 10,000 SF.

1. Intent. A high-quality town square space can become the “heart” of a community, when located effectively and with the right amount of attention given to how the space is used and designed. Town squares do not need to be large in size but should be well located in the most highly concentrated and pedestrian-oriented parts of the community.

2. General Requirements. Town squares should be well designed, and located in visible and easily accessed places.

a. Town squares shall be fronted by public streets or primary building facades and surrounded by activity on all sides.

b. Town squares may not be located behind parking lots.

c. Regulations for the town square open space type are defined in Table 7.03.

Table 7.03. Town Square Requirements
Dimensions
1.	Minimum Area	0.50 acres
2.	Maximum Area	2 acres
3.	Minimum Dimension	35'
4.	Minimum Access	50% of perimeter open to street frontage
Adjacent Lots
5.	Adjacent Form District(s)	Any
6.	Adjacent Lot Lines	Front
Improvements
7.	Permitted Sports Fields/Courts	Not Permitted
8.	Playground	Not Permitted
9.	Permitted Structures	Open-air inhabitable, water feature, monument, sculpture, kiosk
10.	Minimum Paving Total Area	30%
11.	Maximum Paving Total Area	75%
12.	Maximum Impervious Pavement Area	50%
13.	Lighting	Required, 16' max fixture height
14.	Seating	1 per 500 SF
15.	Landscaping	50% min. live plant coverage in planted areas at maturity, excluding trees
16.	Trees	1 per 1000 SF
17.	Bicycle Facilities	1 rack per 1200 SF, minimum 3 1 bicycle repair station at 10,000 SF, plus 1 additional bicycle repair station for each additional 1.0 ac.

1. Intent. Pedestrian spaces within the BTZ are an extension of the pedestrian realm public space. They are an effective way to improve the appearance, function, and experience of the streetscape. These small pedestrian spaces provide distinction to individual buildings, spatial diversity within building facades, and functional outdoor space for activities like cafes, seating, and displays.

2. General Requirements. BTZ pedestrian space is not required. These BTZ pedestrian space requirements apply only to the general, limited bay, and civic building types and only along primary frontages.

a. The location, size, quantity, and proportions of any BTZ pedestrian spaces shall take into consideration the specific features of the facade, including facade bay configuration, entrance type and quantity, and both major and minor division features.

b. Regulations for the BTZ pedestrian space open space type are defined in Table 7.04.

Table 7.04. BTZ Pedestrian Space Requirements
Dimensions
1.	Minimum Depth	None
2.	Maximum Depth	BTZ Depth
3.	Minimum Width	None
4.	Maximum Width	Length of primary frontage
Frontage and Building Types
5.	Permitted Frontage Types	Primary
6.	Permitted Building Types	General, Limited Bay, Civic
Improvements
7.	Permitted Structure	Monument, sculpture, water feature
8.	Minimum Paved Area	1 walkway per pedestrian entrance 1 driveway per vehicular entrance
9.	Lighting	Permitted, bollard lights, landscaping lights, 16' max. pole fixture height
10.	Seating	Permitted
11.	Landscaping	50% min. live plant coverage in planted areas at maturity, excluding trees
12.	Bicycle Facilities	Permitted

1. Intent. Park space is important to every community, but it must be located and designed in order to be used by a variety of users at all times of the day and all days of the week. Park space should be oriented to pedestrian networks, including convenient access to trail networks.

2. General Requirements. Parks should be designed to be sensitive to community limitations on water usage and maintenance resources. Parks should be appropriately scaled to focus on neighborhood usage and be open to and welcome all users.

a. Parks are only permitted to be constructed by government entities for public use. Any project proposing a park open space shall provide for ongoing maintenance meeting or exceeding those standards defined in Section 17-7-11.8.

b. Regulations for the park open space type are defined in Table 7.05.

Table 7.05. Park Requirements
Dimensions
1.	Minimum Area	None
2.	Maximum Area	None
3.	Minimum Dimension	80'
4.	Minimum Access	25% of perimeter open to street frontage
Adjacent Lots
5.	Adjacent Form District(s)	Any
6.	Adjacent Lot Lines	Front, Side
Improvements
7.	Permitted Sports Fields/Courts	Basketball, tennis, volleyball, pickleball
8.	Playground	Permitted
9.	Permitted Structures	Open-air inhabitable, water feature, monument, sculpture, splash pad
10.	Minimum Paving Total Area	10%
11.	Maximum Paving Total Area	25%
12.	Maximum Impervious Pavement Area	15%
13.	Lighting	Required, 16' max fixture height
14.	Seating	1 per 500 SF
15.	Landscaping	50% min. live plant coverage in planted areas at maturity, excluding trees
16.	Trees	1 per 1000 SF
17.	Bicycle Facilities	1 rack per 1200 SF, minimum 3. 1 bicycle repair station at 10,000 SF, plus 1 additional bicycle repair station for each additional 1.0 ac.

(Ord. 2021-08 § 1 (Att. A); Ord. 2020-04 § 1 (Att. A (part)))