Condominium conversions of motels, hotels and other such buildings that are at least ten (10) years old and are located within the C-2 and C-3 zones may be converted to condominiums (requiring ownership of a single unit in a multi-unit project, together with an undivided interest in the common areas) on a conditional use basis provided that at least twenty percent (20%) of the private lot area is developed as open green space or children's playground area, and that two (2) parking spaces per residential unit are provided. The conversion must bring each proposed unit to the standards of a “living quarter” as defined in this ordinance.

1. Residential Treatment Center Requirements
   1. Facility is licensed by the Utah Department of Human Services.
   2. The police department will be notified prior to placement of convicted felons in such facility.
   3. A minimum lot size of five (5) acres is provided and a minimum six hundred foot (600') separation will be maintained between residential treatment
   4. facilities, schools, and establishments licensed to sell beer or alcoholic beverages.
   5. The applicant will pay the applicable business license fees as set by the City Council and will also provide a statement demonstrating the capability of the applicant, through insurance, bonds, financial reserves or an immediately available line of credit to ensure timely restitution to any member of the public suffering damage as a result of intentional or negligent conduct by members of the staff or residents of the facility.
   6. A community impact study will be provided by the applicant as part of the application for the conditional use permit. The community impact study will specifically describe the programs provided and evaluate the impact of the residential treatment facility on local schools, the City's economy and economic resources, public safety and law enforcement, aesthetics, tourism, and neighboring properties and businesses, including the impact on property values, if any, and the impact of any other uses within or proposed to be used within the same building or facility to be used as a residential treatment facility. The community impact study will be prepared by an independent, professional firm qualified to objectively analyze the potential impacts to the community.
   7. A residential treatment facility must provide at least thirty percent (30%) of the area as open green space or playground and one parking space per staff on the highest shift plus one parking space for each five (5) persons housed in the facility.
   8. Any conditional use granted will be for a specified number of individuals. The number of residents will not be increased without first obtaining approval from the City as an amendment to the conditional use. The request to increase the number of residents will be accompanied by the study required under subsection.
   9. Any conditional use granted will be personal to the business licensee at such location, will not be transferable, and will expire upon the expiration, revocation or surrender of any City business license, state license, or other regulatory license of the facility.
2. Residential Facility for the Elderly
   1. Conforms to all applicable health, safety, zoning and building codes;
   2. Is capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character;
   3. Is occupied on a twenty four (24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement;
   4. Is not occupied by any person who is being treated for alcoholism or drug abuse;
   5. Placement is on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation or treatment in a correctional institution;
   6. Is not located within three-fourths (3/4) mile of another existing residential facility for elderly persons or residential facility for persons with a disability;
   7. Is owned by one of the residents or by an immediate family member of one of the residents, or is a facility for which the title has been placed in trust for a resident; and
   8. Is not operated as a "business services" as defined in BMC 15.02; provided, that any fee charged for food or for actual and necessary costs of operation and maintenance of the facility will not by themselves cause it to be considered a business.
3. Child Nursery. When conducted in a residential zone a child nursery will be a conditional use. The dwelling will be the permanent residence of the operator. The planning commission will determine the maximum number of children to be allowed depending upon specific conditions relating to the request. Parking will be as required by the planning commission. All other requirements of the zone will be complied with.
4. Cluster Subdivisions
   1. Overall density will not exceed the density of the zone it is in.
   2. Lot sizes may be reduced to eight thousand (8,000) square feet, provided the balance of property is set aside as permanent open space.
   3. Prior to approval of a cluster development, a public hearing will be held by the City Council to consider neighborhood opinion on the proposal.
   4. Open space may be used for playground and recreation space, but no buildings may be constructed in the open space area unless approved as part of the conditional use permit.
   5. Clustered lots will meet the width and setback standards of the R-1-30 zone unless reductions are granted as part of the conditional use permit approval process.
   6. Street widths will not be compromised to accommodate lots or open space requirements and will be constructed to the City standards.
   7. The open space provided through clustering will be permanently preserved and maintained by:
      1. noting on the recorded plat that such open space land is to be preserved as common area;
      2. dedicating the land to the City as open space;
      3. or granting a conservation easement to a public land trust to keep the land for open space. If the open space is to be preserved by designating it as common area or through a conservation easement, the plat, covenants, conditions and restrictions, and easement, will require that the land be maintained by the property owners and/or the public land trust granted the easement.
         
         Cluster Subdivisions
         
5. Bed And Breakfast Inn. A Bed and Breakfast Inn, when allowed as a Conditional Use, will be approved only in accordance with this Ordinance and the following:
   1. The lot will have at least fifty (50) feet of frontage on a dedicated street.
   2. One (1) off-street parking space will be provided per employee plus one (1) space per guest room. On-street curbside parking may be used to satisfy this requirement at the rate of two (2) spaces per fifty (50) feet of lot frontage.
   3. Meals may be served to residents, employees, overnight lodgers, and guests of overnight lodgers only. No cooking facilities will be allowed in guest rooms.
   4. Such use will conform to all applicable health, safety, and building codes and must be capable of such use without structural or site alteration which changes the residential character of the structure and yards.
   5. No alcoholic beverages will be sold on the premises.
   6. No receptions, banquets, or catering will be permitted other than for registered lodgers.
   7. No long-term rental of rooms will be permitted. The maximum stay for lodgers will be seven (7) days.
   8. A City business license will be obtained as a condition of approval.
   9. Supervision by an on-site manager or owner will be required on a 24-hour per day basis.
   10. Care will be taken to ensure that no exterior lighting shines directly into adjoining properties.
6. Sexually Oriented Business As A Conditional Use. A sexually oriented business, when allowed as a Conditional Use, will be approved only in accordance with this Ordinance and the following:
   1. Sexually Oriented Business will be at a minimum of 1,320 feet from a place of religious assembly, church, public park, or public or private school accredited by the State of Utah, public libraries, public buildings, day care centers, and bars or taverns or businesses which sell alcoholic beverages.
   2. Adequate off-street parking will be provided.
   3. Such use will conform to all applicable health, safety, and commercial building codes.
   4. No alcoholic beverages will be sold on the premises.
   5. Supervision by an on-site manager will be required, at all times, during open business hours.
   6. A Ballard City business license will be obtained as a condition of approval.
7. Split Zone Properties. As part of the conditional use permit application process, the Planning Commission will first decide if requiring the property owner to subdivide and create a new lot with a single zoning designation is reasonable. If subdivision is not a reasonable option, the permit may be granted with any other conditions determined necessary. The criteria for determining whether subdivision is reasonable is as follows:
   1. The subdivision will only be required if the cost of subdividing is proportional to the cost of the proposed project.
   2. A subdivision of the property will cause no issues with access and will be able to meet all requirements of the subdivision ordinance BMC Title 14.
   3. A subdivision of the property would make it so that minimum lot sizes of the desired zone or use could not be met.
   4. Any other adverse effect or outcome for the property owner caused by a subdivision as determined by the planning commission to merit requirement unreasonable.