Sec. 173.111. - Exemption.

Section 173.103 of this Chapter shall not apply to: (a) A columbarium consisting of less than one-half acre which is owned by and immediately contiguous to a church facility which is in existence at the time the columbarium is being built. If the church relocates, the church shall relocate all of the urns and remains placed in the columbarium which were placed therein during its use by the church. (b) A church cemetery of less than five acres which provides only single-level ground burial. (c) A mausoleum consisting of two acres or less which is owned by and immediately contiguous to an existing church facility. The church establishing such a mausoleum must ensure that the mausoleum is kept and maintained in an orderly manner and limit its availability to members of the church. The church establishing such a mausoleum must have been incorporated for at least 25 years and must have sufficient funds in an endowment fund to cover the costs of construction of the mausoleum. (d) The location of any church columbarium, cemetery, or mausoleum exempt under this Section shall, however, be subject to local government zoning. For the purpose of this Section, church has the same meaning as defined in Section 656.1601 . (Ord. 86-786-471, § 3; Ord. 2022-729-E , § 1)