HomeMy WebLinkAbout2003-02• RESOLUTION 2003-02
RESOLUTION CONCERNING AMENDMENT OF ZONING ORDINANCE TO PROVIDE A
DEFINITION OF CEMETERY AND REGULATION OF LOCATION OF CEMETERY
WHEREAS, the Town Council of the Town of Pulaski, Virginia, sitting in regular
session has determined that it is in the public interest to further define its zoning ordinance
regulating cemeteries and/or the burial of persons; and
WHEREAS, §57-26 of the 1950 Code of Virginia, as amended, does permit regulation
of burials and/or cemeteries by local zoning ordinance; and
WHEREAS, the Town Council has considered the best interests of the community and
bases the following proposed amendment and referral for changes to the Planning Commission
upon the public necessity, convenience, general welfare and good zoning practices; and
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Town Council of the
Town of Pulaski, Virginia, sitting in regular session this 4th day of February, 2003, does hereby
refer the following proposed zoning ordinance amendments to the Planning Commission for
review and amendment and to report back to the Town Council as required by law:
1. that Article 4 § 1.2.4 of the Town of Pulaski zoning ordinance is proposed to be
amended to include the following definition of a cemetery which shall apply
• equally to R-1, R-2 and RR districts: Cemetery shall mean any land or structure
used or intended to be used for the interment of human remains; the sprinkling of
ashes or their burial in a biodegradable container on church grounds or their
placement in a columbarium on church property shall not constitute the creation
of a cemetery; and
2. that no cemetery shall be established within 250 yards of any residence without
the consent of the owner of the legal and equitable title of the residence; provided
that subject to the foregoing if the location for the proposed cemetery is separated
from any residence by a state highway, it may be established upon such location
without the consent of the owner of such residence if it be not less than 250 feet
from the residence at its nearest point thereto; provided such prohibition and
restriction shall not apply where the tract of land intended for use as a cemetery
is separated from any residence by a state highway and now contains a public or
private burial ground and is not within the corporate limits of the town; and no
cemetery shall be hereafter established, and no burial made in any part of any
cemetery, other than a municipal cemetery, located within 300 yards of any
property owned by any city, town or water company, upon which or a portion of
which are now located driven wells from which water is pumped or drawn from
the ground in connection with the public water supply. Further, a plat shall be
provided with the application for conditional use for a burial within the aforesaid
definition of cemetery and such plat shall be capable of being recorded in the
Circuit Court of the County of Pulaski, Virginia Clerk's office before said
Conditional Use, if approved, is effective.
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NOW, THEREFORE, BE IT FURTHER RESOLVED by the Town Council of the
Town of Pulaski, Virginia that all of the above changes and/or amendments to the Zoning
Ordinance be referred to the Planning Commission for recommendations, changes and/or
amendments as herein requested by the Planning Commission to the Town Council after
appropriate notice and public hearing, all within the time required by law.
This Resolution is effective immediately upon its passage.
Bettye H. Steger -Aye Kenneth M. Fleenor -Aye
John T. Bolen -Aye James M. Neblett, Jr. -Aye
Pauline G. Mitchell -Aye E. G. Black, Jr. -Aye
Jeffrey S. Worrell -Aye
Town of Pulaski, Virginia
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By: ~-~-
Charles W. Stewart, Jr., Mayor
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ATTESTED:
Patricia Cruise, Clerk