§ 26-104. Establishment or enlargement.

(a)

No cemetery shall be established, nor shall any existing cemetery be enlarged, unless and until such establishment or enlargement shall have been approved by the board of county commissioners, and by the board and the legislative body of any incorporated city, or within five miles of the corporate limits of such city. Any person intending to lay out a cemetery or enlarge an existing cemetery within the county shall first file a verified petition with the board of county commissioners or with such board and the legislative body of any incorporated city within such county, as the case may be, setting forth the plans for such cemetery, by whom to be owned, operated or conducted, the general plan for the operation of such cemetery, which shall be accompanied by maps or plats showing its location and subdivision, and the boundaries thereof.

(b)

If the board or legislative body passing on such petition shall find that the location and plan of such cemetery conforms to all laws and ordinances regulating cemeteries, and to the general plan of such city or town, or extension thereof, if it lies within such city or town within five miles of the corporate limits thereof, or to the general plan of the county if it lies therein but beyond five miles of the corporate limits of any incorporated city or town; and that the location and operation of such cemetery will not injure, affect or interfere with the public peace, health, safety, comfort and general welfare, consideration being given to the character of the district where such cemetery is to be located or enlarged, the peculiar suitability of such location for cemetery uses, the conservation of property values, the discretion of building improvement, the congestion on public highways, and further extensions of public streets, highways, sewers, water mains and instrumentalities of public service companies, then it shall be the duty of the board of county commissioners and the legislative body of such incorporated city or town to approve the location and plans for the laying out or enlargement of such cemeteries; otherwise such plan shall be disapproved and rejected.

(Code 1992, § 25-97; Priv. Acts 1925, ch. 405, § 1)