§ 26-132. Permits.

No cemetery shall be allowed within the corporate limits of the city without the owner, creator, trust or other legal entity having first applied for and obtained from the city building department, a permit approving the operation thereof. In addition to any other requirements set forth in this article, no permit will be granted without compliance with the following:

(1)

Survey. A plat of survey of the cemetery prepared by a state-registered land surveyor shall be submitted to the city building department along with the application. Upon approval of the survey by the city building department, the applicant shall file, or cause to have filed, two signed original copies of the survey with the Superior Court Clerk for recording.

(2)

Minimum area. No cemetery shall be approved unless the survey provided for in this article indicates that the cemetery contains not less than ten acres, the entire area of which shall be dedicated to and used only for cemetery purposes.

(3)

Land use compatibility. The location of the proposed cemetery is to be compatible with adjacent land uses, existing or proposed highways and any other elements or factors deemed by the city to affect the public health, safety and welfare of the inhabitants of the area surrounding the proposed location, including but not limited to the effect on aquifers, wells and ground water, the potential for pollution of nearby streams, lakes and other waters and the suitability of the soil composition for such use. Under no circumstances shall a cemetery be allowed within 1,000 feet from any known well, aquifer, lake or stream which in the determination of the EPD requires a stream buffer.

(4)

Buffer area. The proposed location must contain a buffer area that is landscaped with trees and/or shrubbery on all sides of the site that is identified on the survey and is not less than ten feet in width. Trees shall be planted at a density of no less than one tree for each 20 feet of buffer length or portion thereof. New trees shall have a caliper on no less than two inches upon planting, and may be clustered for decorative effect following professional landscaping standards for spacing. location, and design. Shrubs, ground covers, or other vegetation shall provide a decorative effect, following professional landscaping standards for spacing, location and design. Buffer area shall contain no driveways, parking areas, patios, storm water detention facilities, or any other structures except for a fence.

(5)

Flood prevention. No cemetery shall lie in whole or in part within a floodplain and certification of the same must be provided upon the survey shown on the latest FEMA flood maps.

(6)

Identification of boundaries. The boundaries of the proposed cemetery must be clearly marked and delineated by concrete or metal pins or other permanent means of identification.

a.

No burials shall be permitted within 20 feet of any public right-of-way;

b.

No burials shall be permitted within 50 feet of any adjacent residentially zoned property or residential permitted special use property, SFR, SFR1, SFR2, SFD, PD-with residential, CBC, NOC, MR1, MR2 and AR; and

c.

No burial shall be permitted within 25 feet of any adjacent commercially zoned property: 01, CC, HC, LI or HI.

(7)

Ingress and egress. Adequate access, ingress and egress to and from the cemetery must be available by public road or private drive.

(Ord. No. O-1102-002, 4-12-2011; Ord. No. O-1203-005, 3-27-2012)