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In a letter to Kidwell dated February 22, Konick noted that the matter had been referred to him since the Board of Zoning Appeals does not have the authority to render advisory opinions. That power rests with the zoning administrator.
Konick explained that family is defined as a group of persons related by blood, marriage or law. “It would be my view that the persons to be buried in a ‘family graveyard’ would have to be thus related. He went on to note that “public cemeteries” are allowed only by special use permit in an agricultural zone while cemeteries operated in conjunction with a church are permitted by right in a residential zone. Public cemeteries are also allowed in a conservation zone with a special use permit.
According to the zoning administrator, there are no limitations upon the number of persons a landowner can bury as long as the “family” requirement is met in the
88.6%