A. The following terms, for purposes of this section, shall have the respective meanings as defined in this subsection:
ARMY: The United States Of America, acting by and through the department of the army.
PERMIT: Any permit, approval or authorization issued or granted by the city for an improvement to, or alteration of, real property within the city, including, but not limited to: a land use permit pursuant to subsection C of this section, a building, demolition, or other construction permit pursuant to title 16 of this code; an approval for the subdivision or development of land pursuant to title 14 of this code; or any approval pursuant to this title, which authorizes any type of grading, digging, excavation, improvements, or construction activity.
RESIDENTIAL PURPOSES: A use of property other than for commercial or industrial purposes and not for residential purposes. For purposes of this definition, "commercial or industrial purposes" includes, but is not limited to, office, manufacturing, warehousing, or retail uses; "residential purposes" includes, but is not limited to, housing, daycare facilities, schools (excluding on site employee training), or assisted living facilities. "Residential purposes" specifically includes a single-family dwelling unit for night watchman and family, provided accessory to an allowed business use on the site.
RESIDENTIAL USE RESTRICTION: A restrictive covenant contained in any deed conveying any portion of the military installation formerly known as the Defense Depot Ogden, Utah, to the city, its successors or assigns, and recorded in the records of the Weber County recorder's office, which restrictive covenant prohibits the city, its successors or assigns, from using the property for residential purposes.
RESTRICTED BUILDINGS: The following buildings in the DDR zone that provide a protective cap over contaminated soil the condition of which could not be remediated without demolition of such buildings:
1. Building no. 359 (15C), 425 North 1070 West.
2. Building no. 367 (16C), 426 North 1140 West.
RESTRICTED PROPERTY: Property located in Ogden City, Weber County, state of Utah, bounded generally by 400 North (Loffredo Street) to the south, 1070 West (Davis Avenue) to the east, 1140 West (Clark Avenue) to the west and 700 North (Craner Street) to the north, and more particularly described as follows:
Northern portion of Parcel 9, FOST 3 of Defense Depot Ogden City Corp
Beginning at a point located 3214.13 feet North and 251.36 feet East from the Weber County Survey witness corner monument located at the intersection of 1200 West Street and 200 North Street, said witness corner is also 689.28 feet Westerly from the Northeast Corner of Section 13, Township 6 North, Range 2 West, Salt Lake Base and Meridian and running thence N 86°21'05" E 760.00 feet; thence S 03°29'53" E 1598.48 feet; thence S 86°37'20" E 53.82 feet; thence S 86°28'41" W 651.61 feet; thence N 03°30'00" W 1650.62 feet to the Point of Beginning.
Containing 28.68 acres, more or less.
RESTRICTED WORK: 1. Any excavation or disturbance of the soil beneath the foundations of the restricted buildings.
2. Any disturbance of the foundations of, or any activity which would compromise the integrity of, the foundations of the restricted buildings, in a manner which would result in human contact with the underlying soils.
3. Any activity which results in the accessing, extracting, or use of groundwater, or the injection of any materials into any wells located on the restricted property.
B. Notwithstanding any other provision of this title, no portion of the restricted property may be used for residential purposes, whether as a permitted use, conditional use, or accessory use, if such use would be in violation of a residential use restriction.
C. No person shall perform restricted work on restricted property, unless and until a land use permit is granted by the city.
D. No permit shall be granted for restricted work on, over, under, or within restricted property or restricted buildings in the MRD or DDR zone, unless and until the applicant receives prior written approval of the United States, acting by and through the department of the army, the environmental protection agency region 8, and the Utah department of environmental quality, and submits a copy thereof to the city.
(Ord. 2015-4, 2-24-2015)