Statesville City Zoning Code

It shall be unlawful for any person to inter or bury or cause to be buried the body of any deceased person at any place within the city other than in the municipal cemetery or such other cemetery as has been lawfully established.

(Code 1959, § 6-8)

It shall be unlawful for any person to establish any privately owned and operated cemetery within the city without first obtaining from the city council a permit or right to do so. Anyone violating this section shall be guilty of a misdemeanor.

(Code 1959, § 6-9)

No person shall enter any cemetery or go out therefrom except at the entrances and exits provided for ingress and egress.

(Code 1959, § 6-10)

(a)

No person shall in any way disturb any grave or injure, deface, pull up or remove anything put up or placed to mark a grave.

(b)

No person shall destroy, mutilate, deface, injure or remove any tomb, monument, gravestone or other structure in the cemeteries; or any fence, railing or other object built for the protection or ornamentation of any lot, tomb, monument, grave or other structure or built for the protection or ornamentation of the cemeteries.

(Code 1959, §§ 6-25, 6-26)

State Law reference— Desecrating graves, G.S. § 14-148 et seq.

It shall be unlawful for any person to willfully pluck any flowers, shrubs or plants or to cut, destroy, break, remove or injure any tree, shrub or plant that may have been planted or that may be growing in any of the cemeteries.

(Code 1959, § 6-24)

It shall be unlawful to bury the body of any dog, cat or any other animal, fowl or thing within any cemetery for the interment of human bodies used as a cemetery and place of interment by the city.

(Code 1959, § 6-27)

No person shall kill or trap in any manner whatever any bird or animal in the cemeteries of the city.

(Code 1959, § 6-28)

It shall be unlawful for any person to operate any motor vehicle or other vehicle at a speed faster than twenty-five (25) miles per hour in any of the cemeteries of the city. Vehicles shall be operated only on the main roadways specially built for driving.

(Code 1959, § 6-29)

It shall be unlawful for any person to disturb the quiet and good order of any cemetery by noise of any kind or other improper conduct; or to refuse to leave the cemetery when notified to do so, for any disturbance, improper conduct or other violations of the regulations. Any person violating this section may be ejected from the grounds.

(Code 1959, § 6-30)

Unless specifically provided otherwise, this article applies only to cemeteries that are owned, maintained or operated by the city.

(a)

In this article "enforcement officer" means the park maintenance director of the recreation and parks department or such other persons as are designated by the head of such department or the city manager.

(b)

It shall be the duty of the enforcement officer to:

(1)

Take charge of the cemeteries in the city;

(2)

Have the cemeteries kept in good order, worked and cultivated;

(3)

Superintend the digging of graves, interments and disinterments in the cemeteries;

(4)

See that all lots receive equal attention as to mowing, refilling of graves and the rendering of other services usually performed by the city;

(5)

Keep an itemized statement of all moneys received by him from sale of lots, digging graves and from any other source, and return such money daily to the city treasurer;

(6)

Keep a suitable book for entries of interments in the cemeteries, such entries to give the name, age, sex and date of death of every person buried in a city cemetery and the name of the undertaker officiating at the funeral.

(Code 1959, § 6-3)

Cross reference— Officers and employees generally, § 2-51 et seq.

The water supply at city cemeteries shall be and remain under the absolute control of the enforcement officer. No person shall be permitted to use any water from the city water supply at any cemetery except with the consent of the enforcement officer.

(Code 1959, § 6-4)

The enforcement officer shall not permit any interment in any of the cemeteries of the city until he shall have knowledge from the city clerk that a deed for a lot or a part of a lot upon which the interment is to be made has been executed to the person seeking the interment.

(Code 1959, § 6-6)

The enforcement officer shall charge and collect such fees for digging graves and attending interments as may be fixed from time to time by the council and made known to him by the city manager. Such fees when collected shall be returned to the city treasurer as provided by section 6-22.

(Code 1959, § 6-7)

The old cemetery near the First Presbyterian Church, known as the Fourth Creek Burying Ground, shall be and remain closed against the interment of bodies and no other interments shall be allowed therein without special permission of the city council.

(Code 1959, § 6-11)

The cemetery commonly known as the Green Street Cemetery located between Green Street and Elm Street, south of Garfield Street, shall be and remain closed against the interment of bodies and no other interments shall be made therein.

(Code 1959, § 6-12)

Green Street Cemetery and/or the Colored Peoples' Graveyard is appropriated by the city and the city takes full possession of all such land contained within the boundaries of that cemetery described as follows:

Tract 1: Adjoining the lands of M. C. Bell and east of High Street and others, bounded as follows: Beginning at a stake on the east side of High Street 100 feet south of Colored Peoples' School House lot running south 10 degrees east with High Street 164 feet to a stake opposite the Ben Borders lot; thence north 80 degrees; east 315 feet to a stake; thence north 10 degrees west 164 feet to a stake; thence south 80 degrees west 315 feet to the beginning corner.

Tract 2: Adjoining the lands of Fred Chambers, the graveyard of Colored Graveyard Association of Statesville and others, and bounded as follows: Beginning at a stake on the east side of High Street, south corner of graveyard, south 10 degrees east 202 feet to a stake, Fred Chambers' corner; thence north 80 degrees east 402 feet to a stake on the west side of East Cemetery Street; thence north 10 degrees west 366 feet to a stake on the west side of such street; thence south 80 degrees west 90 feet to a rock, corner of graveyard; thence south 10 degrees east 164 feet with east side of graveyard to a rock; thence south 80 degrees west 315 feet to the beginning, containing 2¾ acres, more or less.

(Code 1959, § 6-12.1)

The enforcement officer shall from time to time, as directed by the city manager, open spaces of a section of a city cemetery for sale. Such spaces shall be four (4) feet by twelve (12) feet with a complete lot of eight (8) spaces being sixteen (16) feet by twenty-five (25) feet. Upon proper application, the city may at its discretion, sell a lot or part of a lot. Lots or parts of lots may be sold only to natural persons.

(Code 1959, § 6-15)

For grave openings in city cemeteries on weekends it shall be the duty of the funeral home director, or his authorized agent, to notify the enforcement officer or his duly authorized representative, no later than 4:00 p.m. Friday for a Saturday or Sunday service. Exception: the enforcement officer or his duly authorized representative will be on-call from 9:00 a.m. until 12:00 noon the day after Thanksgiving and on a previously designated day and time if Christmas falls on such a day that exceeds three (3) consecutive days without on-call hours. No interments will be allowed on Thanksgiving Day or Christmas Day.

(Code 1959, § 6-15.1; Ord. No. 25-13, 11-18-2013; Ord. No. 05-15, § 1, 3-12-2015)

The cost of grave spaces and opening and closing grave fees in Oakwood and Belmont Cemeteries shall be established from time to time by the city council. Regular published fees are available at the offices of the city clerk and enforcement officer and will be furnished to the public upon request.

(Code 1959, § 6-16)

All nonresidents of the city shall pay for any lot or part of a lot in a city cemetery double the price established for residents. Such lots or parts of lots may be sold only to natural persons.

(Code 1959, § 6-17)

Upon the payment of the purchase price to the enforcement officer the mayor shall execute and deliver to the purchaser a legal deed for the city cemetery lot. The enforcement officer shall keep a record of each sale of lots or parts of lots, including date of sale, description of lot, name of the purchaser and price paid.

(Code 1959, § 6-18)

In all cases where a city cemetery lot has been sold and the person to whom such sale has been made neglects or refuses to pay the purchase price for the lot, the city council shall have the power to sell such lot to any other purchaser. In case an interment has already been made upon the lot the city council shall have power to sell all the remainder of such lot not occupied by a grave upon such terms as it shall deem proper.

(Code 1959, § 6-19)

(1)

Lots are to be kept flat and level at all times.

(2)

All markers must be kept flush with the ground.

(3)

No mounds or coping shall be allowed.

(4)

There shall be but one (1) monument to each lot or part of lot and it shall not be higher than the average mean height of surrounding monuments.

(5)

Mausoleums shall not be permitted in any city-operated cemetery.

(6)

It shall be unlawful for any person to build any curb, wall or fence of any kind on or around any lot in any city cemetery.

(Code 1959, § 6-20; Ord. No. 21-04, 6-21-04; Ord. No. 71-07, 12-17-07)

(a)

Permit required. No monument or marker shall be installed in the City of Statesville owned cemeteries until a monument/marker permit has been issued by the public grounds and cemeteries supervisor or cemetery/recreation technician. All foundations for monuments, tombstones or gravestones which shall be erected in any city cemetery shall be constructed under the supervision of the public grounds and cemeteries supervisor. All such foundations shall be laid and constructed under the direction of the public grounds and cemeteries supervisor subject to the following specifications:

(1)

Foundation. Each monument shall be placed on a foundation that provides for a six-inch margin on all sides.

(2)

Concrete mix. The concrete mixed for this foundation shall have an ultimate strength of two thousand five hundred (2,500) pounds per square inch at the age of twenty-eight (28) days, being what is commonly known as ready-mix concrete. The concrete may be hand-mixed in the following proportions: One (1) part of Portland cement, two (2) parts of sand, four (4) parts of crushed stone with sufficient water only to provide an elastic mix.

(3)

Footings. In every case the minimum thickness of the foundation shall be six (6) inches, provided that any variation in the depth or width of the footing as required above shall be as approved by the city engineer and shall be such that the compressive unit stress on the gross area of the footing shall not exceed .25 times the compressive strength of the concrete at age of twenty-eight (28) days, and shall be such that the unit stress of tension in the concrete shall not exceed .03 times the compressive strength of the concrete at age of twenty-eight (28) days.

(4)

Notice of installation. Monument companies must notify public grounds and cemeteries supervisor or cemetery/recreation technician with date of installation prior to installation.

(5)

Site cleanup. After installation of monument and/or marker is completed, the lot and surroundings must be left in a clean and acceptable condition. All refuse material, rock, cement, foundation materials, trash and excess dirt must be immediately removed from the cemetery by the party in charge of the work.

(6)

Working hours. All work must be performed during normal working hours of the City of Statesville public grounds and cemetery staff.

(7)

Proper dress and conduct required. While performing work in the city cemeteries, seasonal pants with belts, shirts and OSHA-required safety shoes are required. Under no circumstance is profanity or other lewd conduct allowed in the cemetery.

(b)

[Additional provisions.] Any violation of this section may result in a citation and, should such violations persist, the public grounds and cemeteries supervisor or cemetery/recreation technician may prohibit a company from conducting further business in the city cemeteries.

(Code 1959, § 6-21; Ord. No. 71-07, 12-17-07)

It shall be unlawful for any person to trespass by entering upon the premises of Oakwood Cemetery, Belmont Cemetery and Fourth Creek Burying Grounds between the hours of 9:00 p.m. and 6:00 a.m.

(Code 1959, § 6-31)

Any shrub, plant, tree or other item that causes an obstruction, injures an area, monument, structure or adjoining lot or becomes a safety hazard to persons or vehicles will be removed or pruned as necessary without notice to the lot owner.

(Code 1959, § 6-23)

(a)

Only the following persons are eligible for interment in the veterans section of city-operated cemeteries:

(1)

Qualified veterans, being someone who has served honorably in the military service,

(2)

The spouse, widow, or widower of a qualified veteran, or a minor child who is unmarried and dependent on the veteran at the time of death.

(b)

Only one (1) grave site is authorized for a veteran and his eligible family members. A grave site may not be reserved until the death of a person who is eligible for interment. When a death occurs and the deceased is determined to be eligible for interment in the veterans section, a grave site will be assigned in the name of the veteran.

(c)

When an eligible family member dies before the qualified veteran dies, the veteran shall sign an agreement to be interred in the same plot with the family member before the deceased family member is interred in the veterans section.

(d)

Burial by caskets/vaults would be in a double depth grave. The first, or bottom burial, would be dug at double depth at a cost twice the cost of the regular opening/closing fee. The top or last burial would be at the regular opening/closing rate. Arrangements would be made for this type burial when the first family member is buried.

(e)

Cremations can be placed on top of existing graves at the normal charge for interment of cremations.

(f)

All grave markers must be kept flat or flush with the ground and within the specified space of burial.

(g)

All other rules and regulations pertaining to cemeteries per the Code of the City of Statesville shall apply.

(Ord. No. 5-90, §§ 1—7, 3-5-90)

Editor's note— Ord. No. 5-90, §§ 1—7, adopted March 5, 1990, did not specifically amend the code and at the discretion of the editor said provisions have been included herein as § 6-39.