Each hospital shall be located upon a tract of land to be occupied exclusively by the hospital and its accessory buildings, which shall contain not less than one acre and provided that no hospital or clinic which is devoted exclusively to the treatment of insane persons, or persons addicted to the use of intoxicating liquor or narcotic drugs, should be established and maintained, except upon a tract of land containing at least ten (10) acres.

Mobile home parks and/or sites may be permitted in the R-3 district by grant of a special exception by the planning commission provided, that among other reasonable factors, the following provisions are met:

A.

Area. Any parcel of land used for a mobile home (trailer) park and/or site shall have total land area of three (3) acres or more.

B.

Drainage. The mobile home park shall be located on a well drained site, properly graded to ensure rapid drainage.

C.

Location. Each boundary of a mobile home park shall be at least one hundred (100) feet from any permanent residence located outside the park, unless separated by a material or artificial barrier of one hundred (100) per cent density. In no case shall any boundary be less than twenty-five (25) feet from any residence located outside the park.

D.

Lot area. Each mobile home lot or parcel shall contain a minimum of three thousand (3,000) square feet, exclusive of access drives and service areas.

E.

Area coverage. Mobile homes and their accessory buildings shall not occupy more than thirty-five (35) per cent of the lot area.

F.

Clearance. Each mobile home should be harbored so that the following clearance is maintained between units:

1.

Side yard. Fifteen (15) feet between units.

2.

End-to-end. Ten (10) feet between units.

G.

One paved parking area shall be provided on every mobile home lot.

(Ord. No. 2002-01, § 7, 4-2-2002)

Public, semipublic or public service buildings, hospitals, or schools may be erected to any height provided one additional foot of setback is provided for each two (2) additional feet of the building height above the prescribed limit for the district in which the building is located.

No building or addition thereto shall be erected over or across any existing public utility nor upon any platted easement.

In any commercial or industrial district the extraction of oil, gas or other natural mineral deposits shall be permitted upon approval of the board of appeals and subject to such safeguards as the board may fix for the protection of adjacent property.

Utilities should be buffered or landscaped in a suitable manner as determined by the zoning board of appeals.

Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio towers, or necessary mechanical appurtenances may be erected to a height in accordance with the provisions of this ordinance.

On a corner lot in any residential district, no fence, wall, hedge or other structure or planting more than three (3) feet in height shall be placed or erected within ten (10) feet from the intersection of public rights-of-way.

Solar energy installations are permitted in the City of Beardstown, subject to the following provisions.

A.

Definitions. Unless specifically defined herein, words or phrases in this Section shall be interpreted to give them the same meaning as they have in common usage and to give this Section its most reasonable application.

1.

Solar Energy System: A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.

2.

Ground Mount: A solar energy system mounted on a rack or pole that rests or is attached to the ground.

3.

Photovoltaic System: A solar energy system that converts solar energy directly into electricity.

4.

Roof-Mount: A solar energy system mounted on a rack that is fastened to or ballasted on a building roof. Roof-mount systems are accessory to the principal use.

5.

Solar Collector: A device, structure, or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.

6.

Solar Carport: Solar carports are overhead canopies built to cover parking areas, and are distinct from panels installed onto a preexisting carport structure. Solar carports have many things in common with ground mount solar panels, which are angles panel modules installed on the ground rather than on a rooftop.

B.

Permitted Use. Solar energy systems are a permitted accessory use in all zoning districts where structures of any sort are allowed, subject to certain requirements as set forth in this Section.

C.

Height. Solar energy systems must meet the following height requirements;

1.

Building or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes of height measurement, solar energy systems other than building-integrated systems shall be given an equivalent exception to height standards as buildingmounted mechanical devices or equipment.

2.

Ground mounted solar energy systems shall not exceed fifteen (15) ft. in height when oriented at maximum tilt in residential zoning, and shall not be visible from the front right-of-way, at a six (6) ft. elevation.

3.

Solar carports in non-residential districts shall not exceed twenty (20) feet in height.

D.

Set Back.

1.

Solar energy systems must meet the accessory structure setbacks for the zoning district and primary land use associated with the lot on which the system is located.

2.

The collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built.

3.

Ground mounted solar energy systems are treated as accessory structures, and must be no less than three (3) feet from side lot lines, and five (5) feet from rear lot line.

E.

Visibility.

1.

Solar energy systems in residential districts shall be designed to minimize visual impacts from the public right-of-way. Fencing or screening shall be used where ground mounted solar energy systems are used in the rear yard of a residential district and on a corner lot in a residential district, as defined in Article II herein. Screening shall not be required along property lines within the same zoning district, except where the adjoining lot has an existing residential use. The City of Beardstown may require screening where it determines there is a clear community interest. Visibility standards do not apply to systems in non-residential districts.

2.

Roof-mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than ten (10) inches above the roof.

3.

Roof-mount systems on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five (5) feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.

4.

All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties.

F.

Historic Buildings.

1.

Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of State or Federal historic designation) must receive approval of the Planning Commission, consistent with the standards for solar energy systems on historically designated buildings published by the U.S. Department of Interior.

2.

For all roof-mounted systems other than a flat roof, the elevation must show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted.

3.

The solar energy system must be designated to blend into the architecture of the building or be screened from routine view from public rights-of-way other than alleys to maximum extent possible while still allowing the system to be mounted for efficient performance.

G.

Plan Approval Required.

1.

All solar energy systems shall require a building permit, which includes a solar energy system plan for review. The solar energy system plan shall include both existing and proposed conditions, showing locations of all solar arrays, other structures, property lines, rights-of-way, service roads, floodplains, electric equipment, and all other characteristics required by the zoning administrator. The solar energy system plan should show all zoning districts.

2.

Permit fees shall be as otherwise established under the applicable provisions of the Beardstown City Code.

3.

Plan applications for solar energy systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mount system, including the property lines.

4.

Applications that meet the design requirements of this Section shall be granted administrative approval by the zoning administrator and shall not require Planning Commission review. Solar energy system plan approval does not indicate compliance with any applicable Building Code or Electric Code.

5.

Electric solar energy system components must have a UL or equivalent listing and solar hot water systems must have an SRCC rating.

6.

All solar energy systems shall meet approval of the local building code officials, with specific reference to the applicable 2018 International Code Council (ICC) codes, while solar thermal systems shall comply with the HVAC-related requirements of the 2018 International Code Council (ICC) Energy Code.

7.

All photovoltaic systems shall comply with the most current National Electric Code and the applicable Illinois State Plumbing Code requirements.

8.

All grid-intertie solar energy systems shall comply with the interconnection requirements of the electric utility.

9.

A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life, and the plan shall be recorded as a lien or encumbrance on the property on which the solar energy systems are located in favor of the City to secure the obligation of the owner, and the owner's successors and assigns, to fully decommission the site. Decommissioning of solar panels must occur in the event they are not in use for twelve (12) consecutive months. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation, and a plan ensuring financial resources will be available to fully decommission the site. Disposal of structures and/or foundations shall meet the provisions of the City of Beardstown waste/trash contractor, and all state and Federal regulations for the disposal of solar energy systems. The City of Beardstown may require the posting of a bond, letter of credit, or the establishment of an escrow account to ensure proper decommissioning."

(Ord. No. 2022-29, § 2, 11-22-2022)

A.

Purpose and Intent. The intent of this Section regarding telecommunication towers is to:

1.

Provide a special use review and approval process that is in compliance with federal law.

2.

Protect residential areas and land uses from adverse visual impacts of freestanding telecommunication towers.

3.

Minimize the total number of towers throughout the community while maximizing the use of each tower that is sited.

4.

Enhance the ability of telecommunication carriers to provide services in an effective and efficient manner.

B.

Definitions

1.

Array shall mean a grouping of radio frequency transmitters erected on a freestanding telecommunication tower or on an existing structure.

2.

Co-location shall mean equipment affixed to or erected upon existing freestanding or remote freestanding wireless communication facilities or other communication towers.

3.

Freestanding telecommunication towers shall mean any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, for the transmission of various forms of communication, including wireless telephone, radio, and television signals, pager signals, and other similar communications. This definition includes radio and television transmission towers, microwave towers, cellular telephone towers, and other similar communication towers. Electrical transmission and distributions towers, telephone poles, and non-commercial freestanding towers shall be excluded from this definition.

4.

Non-commercial freestanding tower shall mean a tower, satellite dish, or similar freestanding structure constructed for the purpose of amateur radio, ham radio, or residential television reception.

5.

Publicly owned emergency communications tower shall mean any structure erected by a public entity for the sole purpose of broadcasting emergency communications.

6.

Tower height shall mean the measurement from the at grade base of tower to the top of the highest point of the tower or array or any attached structure or device.

7.

Monopole tower shall mean a structure that is a single, upright pole, engineered to be self-supporting and requiring no guy wires or lateral cross-members.

8.

Lattice tower shall mean a structure that is self-supporting with multiple legs and cross-bracing of structural steel.

9.

Guy-wire tower shall mean a structure that is of mono pole or lattice tower design that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself.

10.

Stealth tower shall mean a structure disguised in a way which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a structure.

C.

Waivers and exemptions. The following are considered exempt freestanding facilities and are not governed by this Chapter.

1.

Electrical transmission and distribution towers and telephone poles.

2.

Publicly owned emergency communication towers.

3.

Wireless radio structure utilized for the temporary emergency communications in the event of a disaster.

D.

Standards for non-commercial freestanding telecommunication towers. The following provisions shall govern non-commercial freestanding towers.

1.

A tower must meet the setback requirements for accessory structures.

2.

A tower must be setback from adjacent residential structures a distance equal to the height of the tower.

3.

A tower may not exceed fifty (50) feet in height in any residential zoning district and must comply with any additional applicable development standards in this Ordinance.

E.

Standards for freestanding telecommunication towers. The following provisions shall govern freestanding telecommunication towers.

1.

If a freestanding telecommunication tower is allowed by right, the tower must meet the applicable building setback requirements for the zoning district.

2.

A tower within three hundred (300) feet of a residentially zoned parcel must be set back from that parcel a minimum distance of one and one-half (1.5) times the height of the tower.

3.

No tower shall be constructed between the front building line and right-of-way or required front yard setback whichever is greater.

4.

The type and height of tower shall be restricted based on the zoning district in which they are located as provided in Table A.

5.

All towers must provide the degree of screening based on their proximity to residentially zoned parcels as provided in Table B.

6.

Co-location on an existing tower shall be allowed by right given that the height of the tower is not changed.

7.

A tower constructed completely within an existing building shall be allowed by right.

8.

An array constructed on top of or attached to an existing building shall be allowed by right given that the overall height of the building from grade to the top of the array is not increased by more than fifteen (15) feet.

F.

Freestanding telecommunication towers as permitted uses. Freestanding telecommunication towers shall be a permitted use in the C-1 (but not the C-1-A) and M-2 Zoning Districts, and shall contain the appropriate level of screening as defined in Table B.

G.

Freestanding telecommunication towers as special uses

1.

Special use approval shall be required for all freestanding telecommunication towers located within the R-1, R-2, R-3, C-l-A, C-2, W-1, and PUD Zoning Districts.

2.

Approval of a special use shall also be required if the proposed freestanding telecommunication tower is located on a non-residentially zoned district but within three hundred (300) feet of a residentially zoned district.

H.

Application for special use. No freestanding telecommunication tower that requires approval as a special use as specified in this Chapter shall receive zoning approval without applying for and receiving approval as a special use from the City Council pursuant to Article XIV of this Zoning Ordinance. The application for special use approval shall include each of the following:

1.

A completed special use application.

2.

A site plan showing the location of the tower with all property lines, building footprints, and public right-of-way within a distance of two hundred (200) feet.

3.

An elevation drawing of the tower depicting all arrays, potential collocation opportunities, and equipment cabinets.

4.

Engineering plans stamped by a professionally licensed engineer in the State of Illinois.

5.

A map depicting the existing towers within two (2) miles of the proposed tower and a list of carriers supported on those towers.

6.

A copy of all Federal Aviation Administration and Federal Communications Commission approval certificates.

7.

A landscaping plan in accordance with this Section.

8.

A propagation map depicting wireless providers current coverage and proposed coverage with construction of new tower.

9.

Letters from tower owners within one (1) mile of proposed site acknowledging the inability of co-locating on that tower.

I.

Findings for approving a special use. Procedure for the approval of a special use shall be the same as provided for in Article XIV. Before making any recommendation to City Council to approve or deny the application for a special use, the Planning Commission shall make a determination, based solely upon evidence presented at a public hearing conducted by the Planning Commission, on whether the application satisfies all of the following criteria:

1.

That the proposed use conforms to all the applicable regulations and standards of the district in which it shall be located.

2.

That the applicant has analyzed all co-location opportunities and identified all potential locations within existing structures to place their tower and has otherwise pursued all possible alternatives to the construction of a new facility.

3.

That the proposed use is reasonably necessary to provide wireless communications services to the area. Should a tower not be approved by City Council, the Zoning Administrator shall issue to the applicant a written explanation of the action.

J.

Existing towers

1.

Freestanding Telecommunication Towers existing as of March 1, 2024 will be exempt from the special use approval requirement and the provisions of this Section with the exception that, if not already provided, an eight-foot opaque fence shall be constructed to enclose the towers and all associated equipment around the base of the tower within six (6) months of the adoption.

2.

Any change in type or height of a tower built before March 1, 2024 shall be subject to the provisions of this Section.

K.

Removal of freestanding telecommunication towers

1.

If a freestanding telecommunications tower is no longer being used for that purpose of transmission, the owner shall notify the City within sixty (60) days of the time the use ceases.

2.

If a freestanding telecommunications tower is believed to be inoperable, the City shall notify the tower owner and seek written proof that the tower is still in operation.

3.

In the event that a freestanding telecommunications tower becomes inactive for more than sixty (60) days, the tower shall be removed by the owner within one hundred twenty (120) days after written notification from the City.

4.

In the event that a freestanding telecommunications tower has not been removed within one hundred twenty (120) days after notification by the City, the tower is hereby declared a public nuisance.

Table A
Freestanding Telecommunication Towers

Table B
Telecommunication Tower Screening Requirements

(Ord. No. 2024-04, § 2, 3-5-2024)