Subject: 9988 Cemetaries/Expansion of Existing
Date: Tue, 24 Apr 1990 11:55:00 -0500


                              ORDINANCE NO.   9988 
        
        
                   AN ORDINANCE TO AMEND ORDINANCE NO. 6958, AS
                   AMENDED, KNOWN AS THE ZONING ORDINANCE, SO AS
                   TO ALLOW FOR THE EXPANSION OF EXISTING
                   CEMETERIES BY SPECIAL EXCEPTIONS PERMIT.
                            __________________________
        
              	   WHEREAS, the City of Chattanooga Zoning Ordinance
         allows the establishment of cemeteries by special exceptions
         permit;
        
              	   AND WHEREAS, there has come before the
         Chattanooga-Hamilton County staff, a request to allow the
         expansion of an existing cemetery;
        
              	   AND WHEREAS, said request was for an expansion of less 

         than twenty-five (25) acres to an existing cemetery, with no
         provisions in the existing ordinance to permit this expansion;
              	   AND WHEREAS, the staff can see a need for this
         provision,
        
                                 NOW, THEREFORE,
              	   BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
         CHATTANOOGA, TENNESSEE, That Ordinance No. 6958, as amended, 
the
         Zoning Ordinance, be and the same is hereby amended as follows:
              	   SECTION 1.	  That Article VI, be amended to add the
         following:
                   111.01  Special Exceptions for Existing Cemeteries:
                   	   Existing cemeteries may be expanded by a
                           Special Exceptions Permit issued by the City
                           Council subject to a review and
                           recommendation by the Planning Commission. 
                           The following criteria must be met:
                  
                   	   (a)	 Ingress and egress shall be approved by
                                 the City Traffic Engineer;
                  
                   	   (b)	 All land intended for grave sites shall
                                 be above the elevation of the 100-Year
                                 Flood.
                  
                   	   (c)	 For expansions of less than twenty-five
                                 (25) acres, a twenty-five (25) foot
                                 buffer shall be set aside along all
                                 property lines abutting residentially
                                 used land or residentially zoned land.  

                                 Said buffer shall:
                  
                   	   	 (1)   Be used only for the location of
                                       trees, shrubs, fencing or other
                                       sight obscuring ornamentation;
                  
                   	   	 (2)   Shall not be used for grave
                                       sites, interior drives, parking,
                                       structures or buildings;
                  
                   	   (d)	 For expansions of twenty-five (25)
                                 acres or more there shall be a one
                                 hundred (100) foot buffer area, subject 

                                 to the above restrictions.
                  
                   111.02  Application Procedure for a Special
                   	   Exceptions Permit for Expansion of an
                   	   Existing Cemetery:
                  
                   	   (a)	The owner shall submit plans as required
                                in Article VI, Section 111.(1).
                  
                   	   (b)	The Planning Commission staff shall
                                conduct an analysis of the request
                                subject to the provisions of Article VI, 

                                Section 111.(2) and (3).
                  
                   	   (c)	The Planning Commission shall hold a
                                public hearing to review the staff
                                analysis and shall make a recommendation 

                                to the City Council.
                  
                   	   (d)	The City Council shall hold a public
                                hearing on the request.  Notice of the
                                public hearing shall conform to the
                                procedures prescribed in Article XI of
                                this zoning ordinance.
                  
                   	   09
         	   SECTION 2.	  BE IT FURTHER ORDAINED that this
         Ordinance shall take effect two weeks from and after its 
passage
         as required by law.
        
         PASSED on Third and Final
         Reading December 21, 1993.    
s/s_______________________________
         	   	     	       	          CHAIRPERSON
        
         	   	     	       APPROVED:   X   DISAPPROVED: _____
        
         	   	     	       DATE:  December 22, 1993.
        
        
         	   	     	       s/s______________________________
         	   	     	       	    	     MAYOR
         RHRH:meb