As a condition for the approval and continuance of a special use permit for a cemetery the following shall apply.
(A) Public- or privately-owned perpetual care cemeteries which the Board of Commissioners finds in conformance with the following minimum requirements.
(1) A cemetery shall contain not less than two acres of land in contiguous ownership.
(2) There shall be only one entrance from the cemetery onto a public road. Such entrance shall be located at least 500 feet from the nearest intersection of another public road.
(3) A perimeter buffer strip shall be maintained around the entire cemetery to a depth of 20 feet from the cemetery property line. There shall be no burial sites provided in this buffer strip. The required buffer strip shall be suitably planted so as to effectively screen such cemetery and burial activities therein from view from outside the cemetery so far as practicable.
(4) A chapel, mortuary, undertaking establishment or crematorium may be developed within the cemetery as an accessory use to said cemetery provided that the land upon which it is built shall be and shall remain in the same ownership as the cemetery, although the establishment itself may be conducted by persons other than the owners of the cemetery. Such establishments, if developed, may be within the required perimeter buffer strip of the cemetery, but shall be no closer than 150 feet to any residential dwelling on land adjoining the cemetery.
(5) Access to such establishment shall be from within the cemetery, by means of the single entrance to the cemetery. Such an establishment shall be contained within a single building of not more than one story nor more than 20 feet in height. Only one such building shall be permitted in any cemetery. The design and plans for such building shall be subject to approval of the Board of Adjustment as a condition of the special use permit and shall be submitted as a part of the application.
(6) The proposed cemetery shall not be in conflict with any element of the Comprehensive Plan or any other plan of the town as approved by the Town Board of Commissioners.
(B) Application for approval of this special use shall include a plan of the proposed cemetery drawn at a scale of not less than one inch equal to 100 feet. Such plan shall show the boundaries of the cemetery, all roads within 500 feet of the cemetery boundaries, all structures within 100 feet of the cemetery boundaries, all property lines connecting to the cemetery boundary, the names of the owners of the proposed cemetery, the names of all property owners of land adjacent to the cemetery with identification as to their respective property location, a north arrow and the scale of the drawing. The plan shall also show within the cemetery boundaries the entrance, the required perimeter buffer strip, the number and location of all lots and burial sites, all proposed roads, parking areas, easements and drainage structures, and any other proposed roads, parking areas, easements and drainage structures, and any other proposed development which shall be a change from the original topography, including grading and landscaping. Refer to § 91.227 for cemetery subdivision lot size exemptions.
(C) The granting of a special use permit for this purpose shall be special upon subsequent compliance by the cemetery owners with all state statutes governing the establishment and operation of a perpetual care cemetery.
(D) Any cemeteries existing on September 6, 2012, may be continued without a permit.
(Ord. eff. 9-6-2012, § 7.13; Am. Ord. 21-1, passed 9-17-2020)