HomeMy WebLinkAboutO-15-09 Cemetery - Upright MarkersORDINANCE NO. 0-15-09
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING SECTION 34-18 (a) (3) b. OF CHAPTER 34 OF THE
CODE OF ORDINANCES PERTAINING TO THE CITY CEMETERY;
PROVIDING FOR ALLOWANCE OF UPRIGHT MARKERS IN UNIT THREE OF
THE CEMETERY; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Sebastian Municipal Cemetery has four platted units, Units 1, 2, 3 and 4, the
oldest being Unit 1, the southeast quadrant which, with few exceptions is historical and near capacity;
Unit 2, the southeast quadrant, which allows only flush markers, is older and near capacity; Unit 4, the
northeast quadrant which is the newest location started in 1986, is nearing capacity; and Unit 3, the
northwest quadrant, which is currently platted but vacant and allows only flush markers by Code; and
WHEREAS, Unit 1 was in existence before the City was deeded the Cemetery property and
already had upright markers, and City Code provided for flush markers for the other units, however, in
1986 when the City began to sell lots in Unit 4, a decision was made to amend the code to allow upright
markers in Unit 4 because it is what people were asking for and the Code was amended accordingly;
and
WHEREAS, as Unit 4 nears capacity, Unit 3 sales will begin, and it is the recommendation of
staff to allow upright markers in Unit 3 because that is what most residents prefer.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That Section 34-18, of Chapter 34, of the Code of Ordinances, City of Sebastian,
Florida is hereby amended to read as follows:
Sec. 34-18. - Interment site markers.
(3) Size. The following size standards shall apply to site markers.
a. Flush markers. Flush markers are permitted in all sections of the cemetery. Flush
markers for standard 4' x 8', 4' x 10', and 4' x 4' and 4' x 5' sites shall not exceed 36" in
width and 18" in depth and shall be a minimum of 4" thick. A double marker for two adjoining
(side by side) standard 4' x 8' and 4' x 4' sites shall not exceed 72" in width and 18" in depth
and shall be a minimum of 6" thick. Bronze markers shall not exceed 24!'x 24".
b. Above ground markers for standard 4'x 8' and 4' x 10' sites. Above ground markers
are permitted in Units 1, 3 and 4 and shall not exceed 36" in width, 48" in height (from
ground elevation), and 8" in thickness. These markers may be erected on a base which shall
not exceed 36" in width, 8" in height, and 18" in thickness. A double marker for two adjoining
(side by side) standard 4' x 8' and 4" x 10' sites shall not exceed 72" in width, 48" in height
(from ground elevation), and 8" in thickness. These markers may be erected on a base
which shall not exceed 72" in width, 8" in height, and 18" in thickness. Above ground
markers are not permitted on 4' x 4' or 4' x 5' cremains sites.
C. In the event a family owns at least six 4' x 8' or 4' x 10' sites adjacent to one another,
the Cemetery Sexton, at his discretion, may allow a larger marker in lieu of individual
markers placed on each site.
Section 2. CONFLICT. All ordinances and resolutions or parts thereof in conflict are hereby
repealed.
Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or
determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance
shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not
intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City
Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional
provision, thereby causing said remainder to remain in full force and effect.
Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City
Council.
The foregoing Ordinance was moved for adoption by Council Member Hill The
motion was seconded by Council Member McPartlan and, upon being put to a vote, the vote was
as follows:
Mayor Gillmor aye
Vice Mayor Adams aye
Council Member Coy absent
Council Member Hill aye
Council Member McPartlan aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 16th day of
December 2015.
FLORIDA
Ilmor, Mayor
ATTE T:
Sally A. Maio MC — City Clerk
(seal)
Approved as to Form and Legality for
Rely the City of Sebastian only:
Robert A. Ginsburg, City Afforney