Loading...
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. • • 4 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 Chi ~~~~2~. By: ~-~- Charles W. Stewart, Jr., Mayor • ATTESTED: Patricia Cruise, Clerk