The purpose of the regulations, standards, and criteria contained in this chapter is to provide regulations for cemeteries and cemetery structures within the village. (Ord. G-989, 1-22-2013)

Any new cemetery established after January 22, 2013, shall contain a minimum of twenty five (25) acres. The incorporation of any new land into any cemetery after January 22, 2013, shall be subject to the review and approval of a special use permit pursuant to sections 13-6A-2, 13-6E-2, and 13-9-3 of this title, provided, however, any two (2) cemeteries that are contiguous and existing as of January 22, 2013, may be incorporated into one cemetery without requiring a special use permit. (Ord. G-989, 1-22-2013)

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 height and bulk restrictions:

   A.   Burial structures: Twenty feet (20') in height, including all attached architectural features.

   B.   Cemetery accessory structures located in a residence district: Fifteen feet (15') in height.

   C.   Cemetery accessory structures located in an institutional district: Shall comply with the height and bulk 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 height and bulk regulations of the residence district with the greatest amount of frontage along the cemetery property shall apply.

   D.   Community burial structures: Forty five feet (45') in height; eight thousand (8,000) square feet in total gross floor area on the ground floor; twenty four thousand (24,000) square feet in total gross floor area on all floors.

   E.   Memorial structures: Seven feet (7') in height. (Ord. G-989, 1-22-2013)

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)

A cemetery owner shall provide advance written notice to the village prior to the commencement of construction or the placement of any burial structure regardless of whether a building or other permit is required. If a permit is required pursuant to section 13-16-6 of this chapter, the application for such permit shall constitute the advance written notice required by this section. (Ord. G-989, 1-22-2013)

All cemetery structures, with the exception of: a) memorial structures and b) burial structures not more than eight feet (8') in height, shall require the issuance of a building permit from the village pursuant to the provisions of title 10 of this code. Memorial structures and burial structures not more than eight feet (8') in height are not subject to the issuance of a building permit from the village. (Ord. G-989, 1-22-2013)

   A.   Notwithstanding any other provisions contained in this title, permanent landscape screening shall be installed and maintained along the perimeter of any new cemetery or the expansion of any cemetery existing as of January 22, 2013, provided, however, any two (2) cemeteries that are contiguous and existing as of January 22, 2013, may be incorporated into one cemetery without requiring permanent landscape screening to be installed and maintained along the perimeter of the cemetery. The landscape screening shall be no shorter than eight feet (8'). This landscape screening may consist of a planted earth berm, densely planted shrubs or trees, or a combination thereof. The landscape screening shall be located and constructed in a manner that does not interfere or conflict with the use of any utility easement or utility installation that is existing or planned to be installed.

   B.   Notwithstanding any other provisions contained in this title, permanent landscape screening shall be installed and maintained along the perimeter of any new burial structure not more than eight feet (8') in height or new cemetery accessory structure, that is located within the setback requirements provided in subsections 13-16-4A2 and 13-16-4B3 of this chapter. The landscape screening shall only be required on the sides of the burial structure or cemetery accessory structure that are visible from the property adjacent to the cemetery with the noncemetery use. The landscape screening shall be no shorter than the lesser of: 1) eight feet (8') or 2) the height of the structure. This landscape screening may consist of a planted earth berm, densely planted shrubs or trees, or a combination thereof. The landscape screening shall be located and constructed in a manner that does not interfere or conflict with the use of any utility easement or utility installation that is existing or planned to be installed. The landscape screening requirements contained in this subsection shall not apply to any cemetery accessory structure located in a cemetery zoned in the institutional district and located east of Madison Street. (Ord. G-989, 1-22-2013)