Open space is intended primarily for those areas of the Town where it is desirable and necessary to provide permanent open spaces when such are necessary to safeguard the public health, safety and general welfare. Reserved open space shall provide for the preservation of the Virgin River floodway; natural vegetation and wildlife habitat; scenic values; and the location of recreation areas for the benefit of the general public along the Virgin River and the foothills of the Town, and shall secure access to such areas for recreational purposes within the Town.

Any lot, parcel of land or site within the Town on which a newly established use of land, newly established subdivision, and significant structural alteration or renovation is to be located, or for which a change in occupancy, use or ownership is to occur, with the exception of individually developed single- and two-family residential uses, and uses and structures related to agriculture in the agricultural zone and which:

A.

Is located wholly or partly within the floodway as defined in chapter 13, article A of this title; or

B.

Is located within any of the following zones: mobile home subdivision (M-H);

shall be subject to the provisions of this chapter.

The owner of any lot or parcel to which the provisions of this chapter apply shall be required to designate permanent open space as provided herein and such shall be subject to the regulations contained in this chapter. Designation and/or ownership of required open space shall be accomplished by:

A.

Owners of land to which this chapter applies shall record a written agreement establishing the required open space prior to the issuance of a building permit, or if no building permit is required, prior to the issuance of a certificate of occupancy. Such covenants shall run with the land; or

B.

A dedication of the land as a public park or parkway system.

A permanent trail easement of not less than 20 feet may be recorded concurrent with or separate from the recording of an open space covenant located in the floodway, providing access for installation, maintenance and public use of a pedestrian-bicycle-equestrian path, and emergency vehicle access. Such trail easement shall be located in a location suitable for trail development. In addition to the requested easement, the entire portion of the channel of the Virgin River, as may be located on the property in question, may be granted public access.

The following regulations establish minimum required area for open space by zone:

A.

Flood hazard overlay (F-H) zone: The property area located within the floodway, for the purpose of and as located by chapter 13, article A of this title, shall be designated as open space (with the exception of property zoned agricultural), as provided by section 10-19-3 of this chapter.

B.

Mobile home subdivision (M-H) zone: Required open space shall serve as a common recreation area for the residents, shall total a minimum of 2,000 square feet per unit and shall be designated as open space as provided by section 10-19-3 of this chapter.

In the case that the Planning Commission finds it necessary or desirable to identify and secure access routes to recreation areas along the Virgin River and in the foothills of the Town, an open space easement of 15 feet may be designated in the manner provided by section 10-19-4 of this chapter.

A.

Permitted activities and uses: The following activities and uses are permitted in designated open space areas:

1.

Performance of emergency work necessary to preserve life or property;

2.

Necessary maintenance to existing structures and facilities;

3.

Pathways, public and private trails, wildlife preserves, and access points and bridges to provide for pedestrian and bicycle access;

4.

Historical landmarks;

5.

Approved plantings of vegetation, maintenance and pruning of trees, and clearing of tamarisk and select underbrush;

6.

Maintenance and/or enhancement for flood control, erosion control and water quality improvements;

7.

Water quality and water flow gauging;

8.

Agricultural uses, including orchards, tree crops, field and bush crops, flower and vegetable gardening;

9.

Keeping of farm animals, including horses, sheep, goats or cattle;

10.

Accessory uses and structures incidental to permitted uses;

11.

Crossings of roads, pipelines and utility lines, constructed with minimal disturbance to streamside vegetation and channel banks; and

12.

Access to property across designated open space.

The following activities and uses are prohibited in designated open space areas:

A.

Construction of new roads, except as crossings for the purpose of access to property zoned agriculture;

B.

Deposition of materials, clearing, excavating or grading, except where a permit is issued in compliance with section 10-19-7 of this chapter;

C.

New buildings or structures, except those allowed under section 10-19-7 of this chapter;

D.

Use of motorized vehicles, except for activities permitted under section 10-19-7 of this chapter;

E.

Parking facilities, except on property zoned agriculture;

F.

Fences or walls which cross a public recreation easement, if such fence or wall in any way restricts ease of access for pedestrians, cyclists, handicapped pedestrians or emergency vehicles, including fences or walls running parallel to recreational trails if such fence or wall reduces or restricts in any way a public recreation easement; and

G.

Removal, destruction or alteration of natural streamside vegetation, including, but not limited to, clearing, cutting, grubbing and burning, except as permitted under section 10-19-7 of this chapter.

Signs, appurtenant to any permitted use or, if such open space fronts SR-9, a sign associated with a permitted commercial or agricultural use on the same lot, shall be allowed within designated open space, subject to first securing a sign permit, except as follows:

A.

A sign permit shall not be required for signs posted by a governmental agency for health and safety purposes.

B.

A sign permit shall not be required for signs posted by the Town or at the direction of any other governmental agency so long as such signs are under 20 square feet in area and no more than six feet in height.

Developers are encouraged to incorporate open space into their site planning (as an amenity), including planned access to open space trail systems. Desirable features for accessory trails and trail related amenities are consistency of design, durability of construction, ease of maintenance, resistance to vandalism, safety, accessibility to the disabled and availability of trailhead parking.

The Town shall be responsible for the maintenance of public improvements, such as footpaths, located and constructed within designated open space. The maintenance of landscaping, natural vegetation, flood and erosion control, and other privately owned improvements, shall be the responsibility of the owner of the designated open space.

If a portion of a lot or parcel of land which meets the minimum lot area requirements of a respective zone is acquired for public use in any manner, including dedication or purchase, and such acquisition reduces the area below such minimum requirements, the remainder of such lot or parcel shall nevertheless be considered as having the required minimum lot area if all of the following conditions are met:

A.

Such lot or parcel contains a rectangular space of at least 60 feet × 80 feet, exclusive of applicable front and side yard requirements, and exclusive of one-half of the applicable rear yard requirements, and such rectangular space is usable for a principal use or structure.

B.

The remainder of such lot or parcel of land has an area of at least 6,000 square feet.

C.

The remainder of such lot or parcel of land has access to a public street with a width of not less than 20 feet.

A reduction in the minimum required area for a lot or parcel of land that is owned by the Town, County, State or other public entity may be granted a variance issued by the appeal authority, provided such lot or parcel is used exclusively for public purposes; and provided, that no living quarters are located upon such lot or parcel.