Notwithstanding anything to the contrary in other sections of this title, any of the following structures built, altered, or improved after January 22, 2013, shall comply with the following setback restrictions:
A. Cemetery structures located in a residence district:
1. Burial structures not more than eight feet (8') in height: No setback requirements.
2. Burial structures more than eight feet (8') in height: Not less than one hundred feet (100') from any right of way or property line.
3. Memorial structures: No setback requirements.
4. Cemetery accessory structures: Not less than one hundred feet (100') from any right of way or property line.
B. Cemetery structures located in an institutional district:
1. Community burial structures: Not less than three hundred feet (300') from the centerline of any adjacent street; and not less than one hundred fifty feet (150') from any other private property line or district boundary.
2. Burial structures not more than eight feet (8') in height: No setback requirements.
3. Burial structures adjacent to a street and more than eight feet (8') in height: Not less than one hundred twenty feet (120') from the centerline of the adjacent street.
4. Burial structures not adjacent to a street and more than ten feet (10') in height: Not less than one hundred feet (100') from the property line; however, a cemetery owner may request that the setback requirement contained in this subsection B4 be reduced to not less than thirty five feet (35') to permit burial structures not more than ten feet (10') in height subject to the review and approval of a special use to designate the area as a "special cemetery development area".
5. Memorial structures: No setback requirements.
6. Cemetery accessory structures: Shall comply with the setback regulations of the residence district adjacent to the property on which the cemetery accessory structure exists. If more than one type of residence district is adjacent to the property on which the cemetery accessory structure exists, the setback regulations of the residence district with the greatest amount of frontage along the cemetery property shall apply. (Ord. G-989, 1-22-2013)