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These historic cemeteries occasionally become tourist
<br />attractions precisely because of their historical value. Those that
<br />also have aesthetic and cultural distinctions, such as tile above-
<br />grbund burial markers that have made New Orleans celneteries
<br />famous, can actually become a lasting part ora city's cMc
<br />image. ]'here, bus tom- of historic cemeteries are thrMng
<br />tourism-related enterprises, Many other communities,
<br />particularly in the South, have found that CMl War
<br />battleground or memorial cemeteries arouse considerable
<br />interest among visitors. Certainly, the burial grounds at
<br />Gettysburg are an integral part of every visitor's experience.
<br /> In most communities, however, historic cemeteries are l'ew
<br />and small and primaril), of local interest. Even so, the)' provide a
<br />valuable form of open space that usually involves little public
<br />effort or expenditure. This open-space function is shared by
<br />newer, more modern cemeteries. Providing for such land uses
<br />during a commt, nitv's growth phase is a way of ensuring that
<br />the community will not later have to race against time to find
<br />adequate space itl a densely built environment.
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<br />For instance, as a state with a great deal of early colonial and
<br />indigenous history, Kentucky defines a cemetery as:
<br />
<br /> auy ouc, or combination o£ more than one, of the following in a
<br /> place used for or to he t, sed for human burials. The term
<br /> "cemeten,," shall not inclode an individual urn or other
<br /> container for human ashes which have been lawfully cremated.
<br /> The fact that an), tract of land has been set apart for burial
<br /> purposes, or that a part or all of the grounds }lave been used for
<br /> burial purposes shall be evidence that such grounds have been
<br /> set aside for burial purposes. The £acr that graves are not visible
<br /> on an), part of the grounds shah not be construed as evidence
<br /> that such grounds were not set aside and used for burial
<br /> purposes. Such locations include but are not limited to:
<br /> a. A burial park, for earth iuterment;
<br /> b. A nlausoleum for entombment;
<br /> c. A cohunbariun~, (or inurumcnt;
<br /> d. A burial ground consisting of one (1) or mnre marked or
<br /> tmnlarked graves: or
<br /> c. A burial mound or other burial (aciliry.
<br />
<br /> Sacramento County, California, uses similarly broad
<br />language, describing a cemetery as a "place for the interment of
<br />human remains," then citing nonlimiting exan~ples of specific
<br />types of burial sites iucluded in the definition. On the other
<br />hand, a community simply addressing its definition to prospec-
<br />tive cemeteries ma)' favor something more prescriptive, such as
<br />parcel size and shape,
<br />
<br />Size, Shape, and Place
<br />Prescribing what a future cemete~, should be is cleady far easier
<br />than defining what constitutes a burial ground whose existence
<br />may not 3,et be established. By modern standards, historic
<br />cemeteries often end up itl highly idiosyncratic locations, but a
<br />welbconsidered zoning ordinance can provide for well-situated
<br />cemeteries for the community's future use.
<br /> Cemeteries are commonly defined as conditional uses with
<br />specific locational and spatial requirements. For instance, the
<br />Macon-Bibb County, Georgia, ordinance seeks to
<br />avoid traffic songesdon and conflict
<br />
<br />with other land uses by stating, "The site proposed for a
<br />cemetery shall not interfere with the development of a system of
<br />collector or larger streets in the vicinity of such site. In addition,
<br />such sire shall have direct access to a thoroughfare." McHenry
<br />County, Illinois, uses almost identical language.
<br /> Parcel size and setbacks are also frequent concerns in
<br />cemetery zoning provisions. Macon-Bibb County requires at
<br />Least 20 acres for an), new cemetery; St. Mary's County,
<br />Maryland, requires 10 acres "unless associated with a church or
<br />limited to use by a family." St. Mary's County also requires a
<br />buffer of 75 feet between any burial plot and all lot lines, while
<br />adding that a crematorium must be at least 200 feet from any
<br />residential lot line. McHenry County prescribes an 80-foot
<br />setback for an), burial buildings fi'om any street bounding a
<br />cemetery and defines these as "any building used for the
<br />interment of bodies or other rema ins of persons and includes
<br />mausoleun~s, vaults, or columbar m~s." Macon-Bibb County,
<br />on the other hand, demands only a 25-foot setback for graves or
<br />burial plots fi'om property lines or minor streets, and only 50
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