(A) No person, association, or society shall dedicate, establish or operate any cemetery or ground for the same within the corporate limits of the city, or within a distance of one mile of the corporate boundaries of the city without first having procured a permit therefor in accordance with the provisions of this chapter.
(B) Any person, association, or society desiring to dedicate, establish or operate a cemetery or ground to be used for such purposes within the corporate limits of the city, or within a distance of one mile of the corporate limits of the city, shall file an application therefor with the City Clerk, which application shall set forth a plat of the proposed grounds to be dedicated or used for said purpose, showing the exact location, together with a plat of the lots as laid out in the proposed cemetery, with a certificate of the owners of the tract. The application shall be accompanied by all the ordinances, rules and regulations under which it is proposed to operate the same, and shall also set forth the plan or means of financing, and a certified copy of the by-laws, rules and regulations of the organization under which the same is to be operated.
(C) Upon the filing of the application the Council shall set the same for public hearing and the petitioner shall cause to be given public notice of such hearing by publication for not less than two successive weeks in the official newspaper of the city, the first publication to be not less than two weeks prior to the time of the hearing. In addition to the foregoing notice there shall also be posted a notice of the hearing in at least one public place in the city. The notices shall state the time and place of the hearing, the purpose of the hearing and a description of the property proposed to be dedicated to cemetery purposes.
(D) At such hearing all interested persons may be heard, and a transcript of the testimony shall be taken and filed with the City Clerk. The petitioners shall be required to show the necessity for the establishment of such proposed cemetery and that the location is such as will not be unreasonably detrimental or injurious to the peace and happiness of those living in the vicinity thereof, and that it will not irreparably damage the property in the immediate vicinity of the proposed location.
(E) Upon the completion of the hearing the Council shall either grant or deny the prayer of the petition, or may take same under advisement for a period not to exceed 30 days, after which it shall either grant or deny the prayer of the petition.
('68 Code, § 17.02) (Ord. 3598, passed - - )