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Commission approves private cemetery request for Hanley property, notes tax/zoning parcel distinction

Madison County Planning and Zoning Commission · January 21, 2026
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Summary

Benjamin Hanley Jr. received the commission's recommendation to allow a private cemetery on a 28.344-acre parcel after staff confirmed deed transfer from trust; commissioners discussed tax-assessor parcel display versus zoning parcel status and will forward the recommendation to the Board of Commissioners on Feb. 2.

The Madison County Planning and Zoning Commission voted to recommend approval of a private cemetery on a 28.344-acre property after staff confirmed required documentation.

Benjamin Hanley Jr. applied to develop a private cemetery on property at 9896 Nowhere Road (Map 28, Parcel 18B, District 1). Staff told commissioners the proposed site plan met zoning requirements but noted that the application could have been denied if the deed transferring the property out of a trust into the owner’s name had not been provided; staff said a copy of that deed was received and placed in the commission’s packets by "Mister Alcon." The applicant said the request was prompted by family circumstances: "My grandfather passed down the property to me, and he's been on that property for almost 80 years. And 1 of his last wishes is he won't we're just talking to hospice today. And, he wants to be buried on the property, so that's why we're pushing for this, trying to set up our private cemetery for the handling." (applicant paraphrase in transcript).

Commissioners discussed whether the cemetery would appear as a separate parcel for tax purposes but not for zoning; staff said the tax assessor could show the cemetery as separate for tax records (exempt from taxes) while zoning would keep the cemetery with the parent parcel. No public opposition was recorded. The commission voted to recommend approval; the recommendation will be forwarded to the Board of Commissioners on Feb. 2.