Full question:
We have cemetery plots in a rural township cemetery. At the time of purchase, no rules were in effect to limit burial to below ground. We have 6 lots and were planning on having above vaults. It has come to my attention that now the 3 trustees of the township have made a change in the rules of the cemetery to prohibit any above ground burial. What rights do I haveas this is where all my family is buried and I do want to still be buried here but under the rules when we purchased the lots. My address is in Champaign County, but the cemeter is Berea Cemetary, Mosquito Township, Christian County, Illinois. Thank you
- Category: Death
- Date:
- State: Illinois
Answer:
The answer will depend on whether a grandfather clause was included in the legislation when the applicable code was adopted. We suggest contacting the local building department to view a copy of the specific code cited in the violation. The following is an example of such a grandfather clause:
14.50 GRANDFATHER CLAUSE. This subchapter shall not affect any satellite antenna erected prior to June 28, 1985.
It may be possible to petition for a special use permit or variance. The most common way of providing relief from the provisions of a municipal ordinance is through the granting of a variance. This is an authorization to use land or to operate a business in a way that would otherwise be prohibited by the ordinance. It is also used to give relief from, or permit reduction of, one or more requirements of the ordinance as applied to a particular site.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
