§ 88-2.404. Application—Action by board of adjustment or board of supervisors.

(a)

In granting any permit, the board of adjustment, or, on appeal, the board of supervisors shall review the location, design, and layout of the proposed cemetery and may condition the permit on requirements as to design, location, layout screening, and design of entrances and exits as the board of adjustment or the board of supervisors finds reasonably necessary to protect the health, safety, and welfare of the people of the county and to protect property values and the orderly and economic development of land in the neighborhood.

(b)

A permit shall be denied if the board of adjustment or, on appeal, the board of supervisors finds that:

(1)

The establishment or maintenance of the proposed cemetery or the extension of an existing cemetery will or may jeopardize or adversely affect the public health, safety, comfort, or welfare; or

(2)

The establishment, maintenance, or extension will or may reasonably be expected to be a public nuisance; or

(3)

The establishment, maintenance, or extension will tend to interfere with the free movement of traffic or with the proper protection of the public through interference with the movement of police, ambulance, or fire equipment and thus interfere with the convenience of the public or the protection of the lives and the property of the public; or

(4)

The applicant, through the proposed endowment fund or otherwise, cannot demonstrate adequate financial ability to establish or maintain the proposed cemetery so as to prevent the proposed cemetery from becoming a public nuisance; or

(5)

The proposed cemetery is not consistent with the general plan of the county or the orderly development and growth of the county.

(c)

Before taking final action, the board of adjustment or, on appeal, the board of supervisors may require of the applicant or applicants any reasonable dedication of public streets or highways through the premises proposed to be used for the cemetery or extension of an existing cemetery, so as to prevent the cemetery from jeopardizing the public safety, comfort, or welfare. If the time required by the board of adjustment or board of supervisors for compliance with these conditions elapses before these conditions are met, the board of adjustment or board of supervisors may deny the permit.

(Ord. 1513: prior code § 8321).