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feet from major streets or freeways. Clearly, these setbacks are a
<br />matter largely of community a~pearance, available space, and
<br />other values. But they are essen~tial guidelines that should be
<br />well considered. ~
<br /> Depending on a communit~s aesthetic values, an ordinance
<br />may also impose height, densiB6 and setback restrictions on grave
<br />markers rising above ground le~l. These concerns are particu-
<br />larl7 apparent in New Orleans, ~vhere the low elevation and high
<br />water tables force all graves to b~ located above ground. The
<br />zoning ordinance details specifi4setback requirements for any
<br />cemetery structures based on their height. For example, buildings
<br />or structures taller than 30 feet ~ust be at least 20 feet from any
<br />pubtic street or residential prop,arty line, with one additional foot
<br />added in distance for each foot i~n height above 30 feet. Lesser
<br />setback, s are prescribed for sh. ort~r s.truct.ures;, do.wu to five. fe.et
<br />from s~de or rear yards abumng~resMenual d,smcts for braidings
<br />or structures ranging from five t.~ 14 feet high.
<br />There are some clear loca6ontl priorities in siting cemeteries,
<br />and zoning ordinances should b~clear in establishing them. In the
<br />November 26, 1984, issue of Th~ Zoning Report, Charles Reed
<br />notes that cemeteries "are allowe{] by right in urban-fringe
<br />agricultural zones and in low-der[sky residential zones." Not
<br />surprisingly, given the drainage i{sues involved, communities shy
<br />away from allowing them in or n~:ar floodplains or low-lying areas.
<br />In addition, many zoning ordinaihces require approval by the city
<br />
<br />for a cemetety's drainage plan bel
<br />tion of groundwater supplies is a
<br />Jefferson County, Alabama, for e:
<br />within 150 feet of any well used l
<br /> Areas zoned for heavy indust
<br />generally unacceptable, althougl
<br />do appear in transitional zones.
<br />
<br />bre a permit is granted. Protec-
<br />factor in these regulations.
<br />ample, allows no interments
<br />)r drinking water purposes.
<br />y or commercial use are
<br />many large urban cemeteries
<br />7.olumbariums and mausoleums
<br />
<br />are generally treated much like qemeteries, but Reed notes that
<br />crematoria are generally allowedtby right only in industrial'
<br />zones, being treated largely as a4essories to funeral homes.
<br />
<br />Perpetual Care ~
<br />An abandoned cemetery can pos~ the same problems as any
<br />vacant lot--vandalism, eyesores, ~and the attraction of undesirable
<br />activities. The issue takes on a sp}cial dimension with cemeteries,
<br />
<br />however. Cemeteries are generallp started as either religious or '
<br />for-profit facilities with clearly de[fined responsibilities for
<br />maintenance, but their sheer lonl~evity eventually clouds the issue
<br />of long-term responsibility. Caref[ully crafted local zoning
<br />ordinances should take account o~f this problem in defining
<br />accountability for landscaping an~ maintenance, including the
<br />
<br />issue of financial liability for ong~ ting care. Especially because of
<br />the functions that cemeteries servh aesthetics should be a prime
<br />consideration in these regulations
<br /> Ir may, of course, be difficult o prescribe all of these matters
<br />precisely in the zoning ordinance itself. St. Mary's County,
<br />Maryland, sidesteps this problem of specifics by simply
<br />requiring that "arrangements for e>erpetual maintenance of the
<br />cemetery shall be approved by th ~. County Attorney," who
<br />presumably can then review rhos~ plans for their adequacy in
<br />light of the plans for the site. A c,0mmon device for
<br />accomplishing this purpose is the'perpetual care trust, in which
<br />a fixed percentage of the cost ora!burial plot is invested in a
<br />trust fund, whose interest over tithe sustains the fulfillment of
<br />
<br />responsibilities for continued care
<br />some provision of this type, it is i
<br />the future, the cemetery's operatc
<br />crunch, and diminished mainten.'
<br />
<br />of the property. Without
<br />aevitable that, at some time in
<br />rs will experience a cash flow
<br />nce will result. Ir is also
<br />
<br />possible for poor supervision of the trust to put a cemetery in
<br />the same position, strengthening the logic of the county or city
<br />attorney's review of such arrangements.
<br /> State laws may also apply to the creation of perpetual care
<br />funds to fulfill these long-term responsibilities. For instance, the
<br />New Orleans code simply states:
<br />
<br />Any new construction under this section of any burial plots,
<br />tombs, vaults, mausoleums, or columhariums may require the
<br />establishment of a perpetual care fund or provision for the
<br />maintenance of such facilities'under an existing perpetual care
<br />fund as regulated under the applicable laws of the State of
<br />Louisiana·
<br />
<br /> In other words, it is worth consulting state financial
<br />regulations concerning such funds when drafting appropriate
<br />language dealing with perpetual care.
<br /> Existing historical cemeteries clearly pose a different
<br />problem. These cemeteries often rely on community activism,
<br />such as concerned neighborhood groups organizing and raising
<br />funds for efforts to maintain and restore these sites. The local
<br />government's role in these efforts is generally twofold: providing
<br />some minimal oversight to ensure adequate care by the group
<br />taking responsibility, and, where possible, providing appropriate
<br />financial or technical assistance to the effort. In this regard, city
<br />officials can point such community groups to the resources they
<br />need, such as state and local historical societies and groups
<br />specifically dedicated to graveyard preservation. In addition,
<br />local planners can aid such groups with historic landmark
<br />designations where those are applicable and useful.
<br /> In short, many issues typically affected by zoning are
<br />transitory. Small businesses often have painfully short life
<br />spans, and neighborhoods change significantly even within a
<br />generation. The proper preservation and planning of
<br />cemeteries and their allied land uses, however, is an
<br />opportunity for planners and elected officials to do it right
<br />for the long term, to leave a well-conceived memorial for
<br />generations to come--just as earlier generations have
<br />bestowed their own visible legacy on us.
<br />
<br />Baltimore County
<br />Limits Pawnshops
<br />
<br /> Baltimore County, Maryland, has enacted a six-month freeze on
<br /> the number of pawnbrokers operating in its business districts.
<br /> The February action is intended to buy time while the county
<br /> council considers new rules as a result of citizen concern over
<br /> the increasing number of such shops, which one critic referred
<br /> to as "the poor man's robber." That number has grown from
<br />
<br />· just three to either 11 or 21, depending on which of two
<br /> available legal definitions one used. Many are concentrated in
<br /> the Liberty Road corridor in Towson, where residents claim the
<br /> shops have hampered revitalization of the business district and
<br /> attracted crime. The proposed new ordinance contains a clear
<br /> statement that community conservation is an expressed goal of
<br /> the county master plan.
<br /> The new zoning rules would define a pawnshop as a
<br /> "business which loans money on deposits of personal property,
<br /> other than securities or printed evidences of indebtedness, or
<br /> deals in the purchase or possession of personal property on
<br /> condition of selling the same back to the pledgor or depositor."
<br /> The definition also refers to the state licensing requirement as a
<br />
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