1153.05 CEMETERIES.
   (a)    The area proposed for a cemetery shall be used for cemetery purposes only, and shall comply with the following requirements:
      (1)    All points of entrance or exit shall be located no closer than 200 feet from the intersection of two major thoroughfares; and/or no closer than 200 feet from the intersection of a major thoroughfare and a collector street
      (2)    Such developments shall be located on major thoroughfares, at intersections of major and/or collector streets, or on service roads for major thoroughfares.
      (3)    Only memorial park cemeteries having grave marker flush with the surface of the ground shall be permitted. The term "marker" to refer to the name of deceased.
      (4)    Except for office uses incidental to cemetery operations, no business or commercial uses of any kind shall be permitted on the cemetery site.
      (5)    Minimum area required for a cemetery site to be forty acres.
      (6)    A building of brick and/or stone, solid and/or veneered, shall be provided if storage of maintenance equipment and/or materials is to be necessary.
      (7)    Pavement width of driveways shall be at least twenty-two feet (eleven feet per moving lane).
      (8)    Drives should be useable shape, improved with bituminous concrete, or equivalent surfacing and so graded and drained as to dispose of all surface water accumulation within the area.
      (9)    Pavement is to be installed as development progresses and as indicated on the final plans by the Planning and Zoning Commission.
      (10)    Sufficient parking space shall be provided as to not deter traffic flow within the cemetery.
      (11)    Area drainage and/or sanitary facilities are subject to approval by the City Board of Health, the County Board of Health, and the City Engineer prior to the issuance of a conditional use permit.
      (12)    Only signs designating entrances, exits, traffic direction and titles shall be permitted, and must be approved by the Planning and Zoning Commission.
      (13)    Adequate screening with shrubs, trees or compact hedge shall be provided parallel to property lines adjacent to or abutting residential dwellings; such shrubs, trees and hedges shall not be less than two feet in height and shall be maintained in good condition.
      (14)    Provisions shall be made for landscaping throughout the cemetery.
      (15)    Location of cemetery buildings and all other structures shall conform to front, side and rear yard building lines of the particular district in which it is located.
      (16)    No grave sites shall be located within 100 feet of the right-of-way lines of any publicly dedicated thoroughfare.
      (17)    A grave site shall not be within 200 feet of any existing residence unless the owner of such residence gives his written consent.
(18)    Guarantees shall be made that the cemetery will be developed as proposed on the plans approved by the Planning and Zoning Commission, the City Engineer, and/or the City Board of Health or the County Board of Health. Guarantees shall be in a form approved of by the Commission and may be one of the following:
         A.    A performance bond in the amount of twenty-five thousand dollars ($25,000) for cemeteries of forty acres. An additional five thousand dollars ($5,000) shall be required for each ten acres over forty acres or for each ten acres added at a later date. The amount of the bond will be reduced annually, and by an amount that will leave the balance of the bond proportional to the portion of the cemetery not developed to the specifications of the plans approved by the Planning and Zoning Commission, the City Engineer, and/or the City or County Boards of Health.
         B.    Other methods as might be worked out by the Planning and Zoning Commission, developers and their legal advisors.
(19)    A trust fund of an amount set by the Planning and Zoning Commission shall be established by the cemetery developers for the perpetual maintenance of the cemetery grounds. Such trust fund shall be established before any burial spaces are sold or used and shall be held and invested by a financial institution mutually agreed upon by the developers and the Planning and Zoning Commission. A percentage of the money from the sale of each burial space shall be put into the maintenance trust fund. The percentage shall be an amount set by the Commission. Interest yielded by the fund shall be applied toward the maintenance of the cemetery grounds.
   (Ord. 1981-43. Passed 3-23-81.)