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(a) Subject to any applicable health protection provisions of the State and County Codes, a cemetery, family burial site or other place for the burial of the dead may be allowed; provided, that:
(1) The proposed location is compatible with adjacent land uses, existing or proposed highways and any other elements or factors deemed to affect the public health, safety and welfare of the inhabitants of the area.
(2) All grave sites must be sufficiently set back to establish a buffer between the site and surrounding properties. The buffer area so created must be suitably landscaped with trees and shrubs.
(3) If the subject property is located in an area not served by public water and sewer, water table tests must be conducted to assure that there is adequate filtration of drainage between burial depth and the level of high water table.
(4) Any cemetery lawfully existing prior to the effective date of this ZTA [ May 6, 2002] is a conforming use, and may be extended, enlarged, or modified by special exception subject to the provisions set forth in this section.
(b) A family burial site is allowed only as an accessory use on a residentially developed property and may only be approved on a lot or parcel that is appropriate to the circumstances and is at least 25 acres in size. A family burial site must be set back at least 100 feet from any adjoining residential property and at least 50 feet from an existing street or from a proposed street, as shown on a master or sector plan. The use of any property for a family burial site must be recorded in the land records of Montgomery County.
(Legislative History: Ord. No. 10-9, § 3; Ord. No. 10-57, § 1; Ord. No. 10-85, § 7; Ord. No. 13-85, §3; Ord. No. 14-47, § 1)
Editor's Note—See County Attorney Opinion dated 10/28/1997 indicating that a family burial site is not an accessory use to an agricultural use, but may be nonconforming in some instances.