(3)    Private solar energy systems, and solar carports;

   (J)    In the R1A, R1B, R2, R3A, R3B and I Districts, accessory structures may remain on a lot after the primary structure is demolished or moved when the following conditions are met:

      (1)   The owner submits a special use request through the Planning and Zoning Commission in accordance with § 152.018. In addition to provisions of § 152.018 the applicant must also:

         (a)   Allow access to the building by the Building Inspector to assure the building is lawfully in existence at the time of application and meets all current zoning provisions related to size, height and setback and is not considered a dangerous building as defined in §§ 94.45 through 94.99.

         (b)   The site plan submitted for review shall contain the property boundaries, date, north arrow, scale, existing lot lines, easements, location and setback of all structures to remain, location of all existing and proposed driveways and fences, location and proposed screening details for all waste disposal containers, location of all external light fixtures, location of all present and proposed utilities and written description of proposed use. The site plan may can be prepared by the owner.

      (2)   No parking shall be permitted in the required front yard except on an approved driveway. An approved driveway must be paved with concrete, asphalt, gravel, bricks or other permanent low-dust surface and shall not exceed 24 feet in width or cover more than 40% of a required front yard, whichever is greater. If gravel or other loose permanent low-dust material is used, safety curbing or a barrier shall be provided to define the limits of this parking area and prevent encroachment into the front yard. Any parking permitted in this section shall be subject to the site visibility triangle provisions of Figure 152.031(B) (4).

      (3)   Provide information in writing as to how solid waste, yard waste and brush will be removed from the property.

      (4)   The use of the structure is limited to the owner of the property for the following purposes:

         (a)   Storage of personal vehicles;

         (b)   Storage of personal property;

         (c)   Hobby shop when no mechanical equipment shall be used except as is customary for normal domestic residential purposes; and

         (d)   Storage of yard equipment used to maintain the property in which the building is located upon.

(Ord. 10-3277, § 1-7.2, passed 1-4-2010; Ord. 11-3324, passed 6-20-2011; Ord. 12-3343, passed 1-23-2012; Ord. 15-3506, passed 11-16-2015; Ord. 19-3594, passed 9-16-2019; Ord. 25-3757, passed 7-21-2025)

      (2)   The antenna shall be located only on a roof or in rear or side yards unless the restriction precludes reception of an acceptable quality signal. In this case the antennas may be placed anywhere on the lot except within an easement of record. Proof of inability to receive an acceptable quality signal shall be provided to the Community Development Department upon request.

      (4)   The antennas shall be located only on a roof or in rear or side yards unless the restriction precludes reception of an acceptable quality signal. In this case the antennas may be placed anywhere on the lot except within an easement of record. Proof of inability to receive an acceptable quality signal shall be provided to the Community Development Department upon request.

      (5)   The height of a free-standing satellite dish-type antenna shall not exceed 14 feet.

(Ord. 10-3277, § 1-7.3, passed 1-4-2010; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020)

      (6)   If the operator of the sale does not own the property, written consent from the property owner or the authorized agent of the property shall be provided to the Community Development Department ;

      (5)   If the operator of the sale does not own the property, written consent from the property owner or the authorized agent of the property shall be provided to the Community Development Department ;

         (c)   Be landscaped as approved by the Director of Community Development or his or her designee.

      (2)   Each permit shall be valid for a period of not more than six calendar months, and shall not be renewed for more than two successive periods at the same location.

(Ord. 10-3277, § 1-7.7, passed 1-4-2010; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020)

         (a)   Nothing in this section will be deemed to relieve any obligation for obtaining site plan review as required under the Development Ordinance.

         (a)   A small tower-mounted wind energy system may not have a nameplate capacity that exceeds 30 kilowatts.

         (b)   A small roof-mounted wind energy system may not have a nameplate capacity that exceeds ten kilowatts.

         (a)   No person may construct, install, modify, or relocate a small wind energy system without first obtaining a building permit.

         (b)   In addition to any other requirement under this section, any person constructing a small wind energy system with a turbine located within 500 feet of the property line of a residential district must first obtain site plan approval in accordance with the procedures set forth in §§ 152.130 through 152.138.

         (a)   Each small wind energy system, including accessory buildings and related structures, must be a non-reflective, non- obtrusive color, such as white, gray, or black.

         (b)   The appearance of the small wind energy system and all accessory structures must be maintained throughout the life of the unit.

         (c)   Exterior lighting of a tower, rotor blades, and nacelle of a small wind energy system will be allowed only if required to meet Federal Aviation Administration mandatory requirements.

         (d)   A small wind energy system may not contain commercial signage, banners, flags, or advertising logos, except for the identification of the turbine manufacturer and unit specifications for regulatory purposes.

         (a)   If an adjacent parcel contains a residential use, then the noise produced by a small wind energy system may not exceed the lowest ambient sound level that exists between the hours of 9:00 p.m. and 9:00 a.m. along any adjacent property line used for residential purposes.

         (b)   If no adjacent parcel contains a residential use, then the noise produced by a small wind energy system may not exceed the lowest ambient sound level that exists between the hours of 9:00 p.m. and 9:00 a.m. on the parcel, plus five decibels dB(A).

      (10)   Wire supports. Guy wires or similar apparatus are prohibited as part of a small wind energy system installation.

         (a)   A small roof-mounted wind energy system may not exceed the lesser of: (i) ten feet above the highest point of the adjacent roof or structure; and (ii) ten feet above the maximum permitted height of the zoning district.

         (b)   A small tower-mounted wind energy system may not exceed 120 feet in a manufacturing district or 60 feet in any other zoning district permitted under division (C)(1) of this section. The distance is measured from the grade at the base of the tower to the highest edge of the system.

         (a)   A small roof-mounted wind energy system must be affixed to the roof deck of a flat roof or to the ridge or slope of a fixed roof, and it may not be affixed to the parapet or chimney of any structure.

         (b)   For a small roof-mounted wind energy system, no more than one turbine is allowed for every 750 square feet of the combined roof area of all structures on the parcel. For a pitched roof, each surface of the roof will be included in the roof-area calculation. A distance equal to the mounted height of the adjacent wind energy system must be maintained between the bases of each small roof-mounted wind energy system.

         (c)   A small roof-mounted wind energy system must be set back a minimum of 15 feet from any property line, public right-of-way, public easement, or overhead utility line.

         (d)   A small tower-mounted wind energy system may not be located in any public right-of-way or public easement and must be set back a distance equal to at least 1.1 times the system height from the base to all property lines, public rights-of-way, public easements, or overhead utility lines.

         (e)   A small tower-mounted wind energy system must be set back a minimum of 20 feet from all occupied buildings on the subject property, measured from the base of the tower.

         (f)   If more than one small tower-mounted wind energy system is installed on a property, then a distance equal to the height of the tallest wind energy system must be maintained between the bases of each wind energy system.

      (13)   Safety requirements.

         (a)   If the small wind energy system is connected to a public utility system, then it must meet the requirements for interconnection and operation as set forth in the public utility's current service regulations that meet federal, state and industry standards applicable to wind power generation facilities. Any such connection must be inspected and approved by the appropriate utility company.

         (b)   The small wind energy system must be equipped with an automatic braking, governing, or feathering system in order to prevent uncontrolled rotation, over-speeding, or excessive pressure on the wind-energy facility clearly visible warning sign regarding voltage must be placed at the base of the wind energy system.

         (c)   The structural integrity of the small wind energy system must conform to the design standards of the International Electrical Commission (IEC); specifically, IEC 61400-1"Wind Turbine Safety and Design," IEC 61400-2 "Small Wind Turbine Safety," IEC61400-22 "Wind Turbine Certification," and IEC 61400-23 "Blade Structural Testing," as amended or succeeded.

         (a)   A scaled site plan drawing, clearly illustrating the proposed wind energy system and all accessory structures and equipment in relation to all onsite and adjacent buildings, property lines, rights-of-way, public easements, and overhead utility lines. Setbacks as required in this section must be shown to scale on the site plan.

      (b)   A scaled site plan that clearly displays property dimensions, existing buildings on the subject property and on adjacent properties, sidewalks, non-motorized pathways, and streets.

         (c)   A scaled site plan that includes existing and proposed on-site grading/topography at two-foot contour intervals.

         (d)   Product-specific technical information from the wind energy system manufacturer, including the proposed total height and type of wind energy system, maximum noise output in decibels, total rated generating capacity, product dimensions, rotor-blade diameter, and a detail of accessory structures.

         (e)   Documented compliance with applicable local, state, and federal regulations, including public safety, construction, environmental, electrical, communications, and Federal Aviation Administration requirements.

         (f)   Documented evidence that the utility company has been informed of and approved the installation of the interconnected, customer-owned generator. Off-grid systems are exempt from this requirement.

         (g)   A narrative explaining the proposed methods that will be used to perform maintenance on the wind energy system in compliance with the manufacturer's recommendations and requirements.

         (g)   A narrative that explains how the wind energy system will be tested after installation for compliance with the noise and vibration requirements of division (C) of this section.

         (a)   If a wind turbine is out of service or not producing electrical energy for a period of 12 months, then it will be deemed to be non-operational.

         (b)   The system owner shall complete the decommissioning of a small wind energy system within three months of it becoming non-operational. The Director of the Community Development Department may grant an extension for the decommissioning. Any extension may not exceed six months.

         (c)   A wind energy system for which the decommissioning as required under this section has not been completed is hereby declared to be a public nuisance. The City of Galesburg may abate the nuisance in any manner as provided by law.

         (a)   AG - Agriculture District;

         (b)   I - Institutional;

         (c)   M-I - Light Industrial District;

         (d)   M-2 - Heavy Industrial District; and

         (e)   CPD - Comprehensive Planned Development District.

      (2)   An application for a special use permit for a large wind energy system must be accompanied by all of the following:

         (a)   All characteristics required by § 152.018.

         (b)   A narrative describing the proposed wind energy system, including an overview of the project; the project location; the approximate generating capacity of the wind energy system; the approximate number of representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions, and respective manufactures; and a description of ancillary facilities.

         (c)   An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy system.

         (d)   A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substations, ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and the layout of all structures within the geographical boundaries of any applicable setback.

            1.   A variance of setbacks may be requested by submitting an application following the filing procedures for a variance request as outlined in § 152.019, but in no event may the wind turbine be located closer to an occupied building than 1.1 times the turbine height.

         (a)   Prior to initiating construction or transporting materials to a proposed site, a road assessment shall be performed documenting existing road conditions, establishing structure and pavement weight limits, and verifying roadway and intersection geometry for all movements of equipment and materials. The road assessment shall be performed by an Illinois Licensed Professional Engineer meeting the approval of the city. The final road assessment shall be reviewed and approved by the city prior to construction. All roads utilized to transport equipment and materials shall be subject to approval by the city and no load which exceeds the weight or size limits established by the approved road assessment shall be allowed. The system owner shall be responsible for the costs of the road assessment, any pavement, structure or geometric upgrades required by the road assessment prior to construction, and all damages to publicly owned roads caused by the transport of equipment and materials to a proposed site regardless of the weight limits or parameters established by the road assessment. The city shall make the final determination of any required road repairs and shall approve all repair work for final acceptance. All road work shall be subject to city approval, including but not limited to the construction limits, repair methods, and contractors.

         (b)   Each large wind energy system must be accessible from an access road in order to offer an adequate means by which public safety vehicles may readily access the site in the event of an emergency. All access roads must be constructed to standards approved by the City Engineer, Police Chief and Fire Chief.

         (a)   Audible sound from a large wind energy system must comply with Illinois Pollution Control Board regulations.

         (b)   A large wind energy system may not produce vibrations that are perceptible to humans beyond any property line upon which the wind energy system is located.

         (c)   The system owner shall conduct an analysis of potential shadow flicker onto any occupied building of a nonparticipating property with direct line-of-sight to the wind turbine. The analysis must identify the locations of shadow flicker that may be caused by the wind turbine and the expected durations of the shadow flicker at these locations from sunrise to sunset over the course of a year. The analysis must identify situations where shadow flicker may affect the occupants of the buildings for more than 30 hours per year and describe measures that will be taken to eliminate or mitigate the problems. Shadow flicker on an occupied building a nonparticipating property may not exceed 30 hours per year.

         (a)   If a wind turbine is out of service or not producing electrical energy for a period of 12 months, then it will be deemed to be nonoperational. A nonoperational wind turbine is hereby declared to be a public nuisance.

         (b)   A permit application for a large wind energy system must include a decommissioning plan for the decommissioning of nonoperational anticipated service life of the wind turbine or in the event the wind turbine is abandoned or has reached its life expectancy. If the system is out of service or not producing electrical energy for a period of 12 months, then it will be deemed to be nonoperational, and the decommissioning and removal of that system will commence according to the decommissioning plan as provided and approved. A cost estimate for the decommissioning of the system must be prepared by a professional engineer or contractor who has expertise in the removal of the wind turbine. The decommissioning cost estimate must explicitly detail the cost before considering any projected salvage value of the out of service wind turbine. A restoration plan must also be provided for the site with the application. The decommissioning plan must include the following within six months after the wind turbine becomes non-operational:

            1.   The removal and disposal of the wind turbine and all accessory structures, electrical components, and all foundations to a minimum depth of 60 inches.

            2.   All access drives to the wind turbine must be removed, cleared, and graded by the system owner, unless the landowner requests in writing a desire to maintain the access drives. All such maintained access drives will remain private, and the city will have no duty to undertake any maintenance or repair of those drives.

            3.   The wind turbine site and any disturbed earth must be stabilized, graded, and cleared of any debris. If the site is not to be used for agricultural purposes, then the site must be seeded to prevent soil erosion.

            4.   Hazardous material must be removed from the site and dispose in accordance with federal and state law.

         (c)   Prior to any installation, the owner shall provide to the city a surety instrument in the amount of the cost estimate set forth under division (D)(a), (b) of this section. The surety instrument must be in the form of a surety bond or letter of credit and be in a form and manner acceptable to the director. The surety instrument must provide the security to the city if the owner fails to decommission the wind turbine in accordance with the decommissioning plan.

         (d)   If the owner fails to decommission the wind turbine as required under the decommissioning plan, then, upon reasonable notice, the city or its agents may enter the property to complete the decommissioning. The owner will be responsible for all costs incurred by the city to complete the decommissioning.

         (e)   The City Engineer may grant an extension of the decommission period based upon a reasonable and explanatory request by the owner. Any such extension period may not exceed one calendar year.

         (a)   The owner shall, at all times the system is located at the site, maintain a general liability policy covering bodily injury and property damage with limits of at least one million dollars per occurrence and five million dollars in the aggregate.

         (b)   All policies, except policies for professional liability, must be written on an occurrence basis. All policies must be written with insurance carriers who are qualified to do business in the State of Illinois and who are rated A-VII or better in the latest Best's Key Rating Guide. All policies must be written on the most current Insurance Service Office (ISO) or National Council on Compensation Insurance (NCCI) form or a manuscript form if coverage is broader than the ISO or NCCI form.

         (c)   The policy must give the city at least 30 days' notice prior to any change, cancellation, or non-renewal except in the case of cancellation for nonpayment of premium, in which case the notice must be made ten days before the cancellation. Any renewal certificate of insurance must be automatically provided to the city at least 30 days prior to the policy expiration. If a self-insured retention or a deductible is maintained on any of the policies, then the amount of the retention or deductible is subject to approval by the city; the city may not unreasonably withhold the approval.

         (d)   Prior to any work at the site, the owner shall provide the city with certificates of insurance showing evidence that the insurance policies required under division (D)(9) of this section are in full force and effect.

         (a)   The owner shall notify the city of a change in ownership of the wind energy system or a change in ownership of the property on which the wind energy system is located within 60 days after the transfer.

         (b)   The city reserves the right to inspect any wind energy system, in order to ensure compliance with this section.

         (c)   A sound pressure level analysis must be conducted from a reasonable number of sampled locations at the perimeter and in the interior of the property containing any wind turbines to demonstrate compliance with the requirements of this section. Proof of compliance with the noise standards is required within 90 days after the date the wind turbine becomes operational. Sound must be measured by a third-party, qualified professional, with the associated fees being paid by the owner.

         (a)   The complainant must notify the Director of the Community Development Department in writing of the alleged noise violation.

         (b)   The Director of the Community Development Department shall coordinate with the Police Department to test the decibel level for compliance with the standards of this section.

         (c)   If the test under division (E)(1)(b) of this section indicates that the noise levels are in compliance with this section, and the complainant is dissatisfied with the results of that test, then the complainant may request a noise-level test by a certified acoustic technician. The complainant must submit a cash deposit with the city in an amount sufficient to pay for the noise level test. If the noise-level test indicates that the noise level complies with the standards of this section, then the city will use the deposit to pay for the test. If the noise-level test indicates that the noise levels are not in compliance with the standards of this division, then the city will reimburse the deposit to the complainant, and the owner shall reimburse the city for the cost of the test.

         (d)   If a test under division (E)(1)(b) or division (E)(1)(c) of this section indicates that the noise levels are not in compliance with this section, then the owner shall take immediate action to bring the wind turbine into compliance. The city may require that the wind turbine be shut down until compliance can be achieved.

         (a)   The complainant must notify the Director of the Community Development Department in writing of the alleged shadow flicker violation.

         (b)   The Director of the Community Development Department or their designee shall examine the shadow flicker complaint on the site.

         (c)   If the examination under division (E)(2)(b) of this section indicates that the shadow flicker levels are in compliance with this section, and the complainant may request a shadow flicker level test by a certified technician. The complainant must submit a cash deposit with the city in an amount sufficient to pay for the test. If the test indicates that the shadow flicker level complies with the standards of this section, then the city will use the deposit to pay for the test. If the test indicates that the shadow flicker levels are not in compliance with the standards of this section, then the city will reimburse the deposit to the complainant, and the owner shall reimburse the city for the cost of the test.

         (d)   If the examination under division (E)(2)(b) or the test under division (E)(2)(c) indicates that the shadow flicker levels are not in compliance with this section, then the owner shall take immediate action to bring the wind turbine into compliance. The city may require that the wind turbine be shut down until compliance can be achieved.

(Ord. 10-3277, § 1-7.8, passed 1-4-2010; Ord. 12-3343, passed 1-23-2012; Ord. 25-3758, passed 7-21-2025)

(Ord. 12-3343, passed 1-23-2012; Ord. 12-3352, passed 5-21-2012; Ord. 21-3650, passed 10-18-2021)

   (A)   Residential Zoning Districts.

      (1)   Location. A high tunnel structure (HTS) is permitted as an accessory building provided the structure meets the provisions of this section.

      (2)   Use. The HTS shall be utilized only to extend the length of the gardening season. Use of any HTS for maintaining livestock, fowl or other animals, as a storage facility, for vehicle storage, or as any other use other than growing of plants is prohibited.

      (3)   Setback. The HTS shall comply with the setback requirements for any accessory building as specified in § 152.031.

      (4)   Height. The maximum height of any HTS shall be 12 feet. The distance shall be measured from the ground to the highest point of the HTS.

      (5)   Area. The HTS shall comply with the maximum allowable area as specified for accessory structures in § 150.022(B)(6) and § 152.111(B)(8).

      (6)   Level of permanence. The HTS may be installed as a temporary structure or a permanent structure.

      (7)   Selling food. Food produce that is grown in any HTS may be sold on the premise in accordance with the home occupation regulations in § 152.111(H).

      (4)   Height. The maximum height of any HTS shall be 20 feet. The distance shall be measured from the ground to the highest point of the HTS.

      (5)   Area. A HTS shall be allowed as a principal or accessory building if the combined area of all HTSs shall not exceed 3,000 square feet per lot and the combined area of all HTSs shall not cover over 40% of the lot area. Any proposal to install HTSs that will exceed 3,000 square feet in total combined area per lot or will cover over 40% of the lot area shall require a special use permit in accordance with § 152.018.

      (6)   Level of permanence. The HTS may be installed as a temporary structure or a permanent structure.

      (7)   Refuse disposal areas. All refuse disposal areas shall be located in areas designed to provide adequate accessibility for service vehicles. Locations shall be to the rear of buildings or in areas where minimal exposure to public streets will exist. Refuse disposal and outside storage of materials, such as pallets, shall not be placed outside of enclosures. All refuse enclosures shall be screened by a solid fence (with the finished side facing outward) or wall. Containers or material within the fence enclosure shall not extend above the height of the fence. The area should be secured by a solid latchable gate. The use of chain link fences with slats is discouraged.

      (8)   Selling and distributing of food. Food produce that is grown in any HTS may be sold or distributed for free on the premise under the following provisions:

         (a)   The locations of produce for sale or free distribution are not to be located so as to block visibility for vehicles or pedestrians on or off the lot in a manner that would create a safety hazard;

         (b)   Enclosed temporary structures incidental to the sales or free distribution shall comply with currently adopted building and fire codes. Temporary unenclosed structures, including roadside stands, must be portable and removed at the end of the sales/free distribution day. Roadside stands are permitted in the required front yard;

         (c)   The sales and free distribution shall be limited to between the hours of 7:00 a.m. and 9:00 p.m.;

         (d)   Use of a public address system or loudspeaker is expressly prohibited;

         (e)   No sales or display activity shall be located on a public right-of-way;

         (f)   All trash and debris shall be removed daily;

         (g)   All signage shall conform to the standards set forth in this chapter;

         (h)   The use shall be located along and have direct vehicular access to a public street;

         (i)   All outdoor lighting shall conform with § 152.032.

      (9)   Lighting. Any type of interior lighting which is installed for use with the HTS shall only be utilized between the hours of 5:00 a.m. and 10:00 p.m. No lights associated with any HTS shall be used outside of these hours. Any outdoor lighting used on the premises shall comply with the requirements in § 152.032.

(Ord. 12-3352, passed 5-21-2012; Ord. 13-3408, passed 7-15-2013; Ord. 22-3677, passed 7-18-2022)

   (A)   The use of rooftops for farming will be considered occupied space and subject to local, state and federal construction and fire codes.

   (B)   An Illinois licensed structural engineer or architect will be required to investigate the structural integrity of the roof and estimate existing loading capacity.

(Ord. 13-3421, passed 10-21-2013)

    The following regulations shall apply to a rage room, as defined in § 152.005:

   (B)   Business operations shall be conducted in an enclosed building.

   (C)   (1)   No open/outdoor storage of items waiting to be destroyed and/or smashed as a part of the business operation. Said items shall be in an enclosed structure.

   (H)   All debris, garbage, trash, yard waste or brush shall be picked up throughout the day and at the end of each night. The business shall provide proper receptacles so that all debris, garbage, trash, yard waste or brush are wholly contained in said receptacles. All receptacles shall be maintained in a way as to prevent contents from blowing out. All debris, garbage, trash, yard waste or brush shall be disposed of in compliance with all current local, state and federal ordinances, laws and regulations.

   (I)   The business shall deny entry to any person who is visibly intoxicated and shall immediately notify local police of all unlawful acts witnessed by, or reported to, any of its employees, including instances of public intoxication, loitering, use of narcotic drugs, unlawful use of cannabis, fighting, or other public disturbances.

   (J)   The business shall display a sign in a conspicuous location near the front door inside the premises that reads, “Please Respect Our Neighbors, Please Exit Quietly and Do Not Loiter.”

   (K)   The business shall discourage any illegal parking of vehicles by its patrons in front of and around the licensed premises by refusing service to any such person who parks a vehicle illegally.

   (L)   If the business has security cameras monitoring the premises, the business shall be bound by the following restrictions: All camera recordings shall be indexed by date and time. All camera recordings shall be preserved on a business computer for at least seven days after recording. All camera recordings shall be stored at the business in a secure manner within its offices, the access to which shall be limited to business personnel. All camera recordings shall be made immediately available to the Galesburg Police Department upon request.

(Ord. 21-3635, passed 4-19-2021)

      (1)   Private solar energy systems that are ground-mounted, roof-mounted, or building-integrated are allowed as permitted accessory use in all zoning districts.

         (a)   Systems on buildings within local historic preservation districts or on locally designated landmarks must be approved by the Landmark Commission, consistent with the procedures outlined in Chapter 151, the Historic Preservation Chapter of the Galesburg Municipal Ordinance.

      (1)   AG - Agriculture District;

      (2)   I - Institutional;

      (3)   O - Office;

      (4)   B-1 - Neighborhood Business District;

      (5)   B-2 - General Business District;

      (6)   B-3 - Central Business District;

      (7)   M-I - Light Industrial District;

      (8)   M-2 - Heavy Industrial District; and

      (9)   CPD - Comprehensive Planned Development District.

         (a)   The height of a roof-mounted solar energy system is measured from the roof surface on which the system is mounted to the highest edge of the system.

         (b)   A roof-mounted solar energy system may not cause a building to exceed the maximum allowed building height for the zoning district in which the system is located.

         (c)   Solar energy systems mounted on a pitched roof may not extend beyond six inches parallel to the roof surface of the pitched roof.

         (d)   In R-1 and R-2 zoning districts, solar energy systems mounted on a flat roof must be concealed by a parapet. In all other districts, solar energy systems mounted on a flat roof may not exceed four feet in height above the flat roof surface.

         (a)   The height of a ground-mounted solar energy system is measured from the grade at the base of the pole or other mounting structure to the highest edge of the system at maximum tilt.

         (b)   Ground-mounted systems may not exceed 12 feet.

         (a)   Roof-mounted solar energy systems must be set back at least three feet from the roof edge.

         (b)   System panels mounted on the sides of building and serving as awnings are considered to be building-integrated systems and will be regulated as awnings.

         (c)   The aggregate size of the solar panels of any ground-mounted solar energy systems in any residential zoning district may not exceed 200 square feet.

         (d)   Ground-mounted solar energy systems must meet the setbacks for the zoning district in which the system is located.

         (e)   Ground-mounted solar energy systems may not extend into a setback at any design tilt.

         (f)   Ground-mounted solar energy systems in any residential district may be located in a rear yard only.

         (a)   All provisions as required by site plan review procedures contained in §§ 152.130 through 152.138.

         (b)   Surface water drainage patterns and the location of any subsurface drainage tiles.

         (c)   Location and spacing of the solar collector.

         (d)   Location of underground and overhead electric lines connecting the solar system to a building, substation or other electric load.

         (e)   New electrical equipment other than at the existing building or substations that is to be the connection point for the solar system.

         (a)   A description of the method of connecting the solar energy system to a building or substation.

         (b)   Utility interconnection details and a copy of written notification to the utility company requesting the proposed interconnection.

      (4)   A permit application for a community or commercial solar energy system must include a fire-protection plan for the construction and the operation of the facility, and emergency access to the site.

         (a)   The landscape regulations, as set forth in §§ 152.165 through 152.168 of the Development Ordinance, apply to all community and commercial solar energy systems.

         (b)   A permit application for a community or commercial solar energy system must include a landscape maintenance plan setting forth a plan for controlling weeds and grass on property inside and outside the fenced area for the entire property. This provision shall not prohibit pollinator-friendly projects with an appropriate maintenance plan.

         (c)   If perimeter fencing is installed around the boundary of the solar energy system site, then the fence may not exceed a maximum height set forth in § 152.033.

         (d)   The applicant shall maintain the fence in good condition and adhere to the landscape maintenance plan.

         (a)   A variance of setbacks may be requested by submitting an application following the filing procedures for a variance request as outlined in § 152.019.

      (a)   The height of a ground-mounted solar energy system is measured from the grade at the base of the pole or other mounting structure to the highest edge of the system at maximum tilt.

   (K)   Decommissioning a community or commercial solar energy system.

      (1)   If a solar energy system is out of service or not producing electrical energy for a period of 12 months, then it will be deemed to be nonoperational. A nonoperational community or commercial solar energy system is hereby deemed to be a public nuisance.

      (2)   A permit application for a community or commercial solar energy system must include a decommissioning plan for the anticipated service life of the community or commercial solar energy system or in the event the system is abandoned or has reached its life expectancy. If the system is out of service or not producing electrical energy for a period of 12 months, then it will be deemed to be nonoperational, and the decommissioning and removal of that system will commence according to the decommissioning plan as provided and approved. A cost estimate for the decommissioning of the system must be prepared by a professional engineer or contractor who has expertise in the removal of the solar energy system. The decommissioning cost estimate must explicitly detail the cost before considering any projected salvage value of the out of service solar farm. A restoration plan must also be provided for the site with the application. The decommissioning plan must include the removal of the following within six months after the system became non-operational:

         (a)   All solar collectors and components, above ground improvements and outside storage.

         (b)   Foundations, pads and underground electrical wires at reclaim site to a depth of four feet below ground surface.

         (c)   Hazardous material from the property and dispose in accordance with federal and state law.

      (3)   Prior to any installation, the owner shall provide to the city a surety instrument in the amount of the cost estimate set forth under division (J)(2) of this section. The surety instrument must be in the form of a surety bond, letter of credit, or cash bond and be in a form and manner acceptable to the director. The surety instrument must provide the security to the city if the owner fails to decommission the system in accordance with the decommissioning plan.

      (4)   If the owner fails to decommission the system as required under the decommissioning plan, then, upon reasonable notice, the city or its agents may enter the property to complete the decommissioning.

      (1)   The owner of a community or commercial solar energy system shall, at all times the system is located at the site, maintain a general liability policy covering bodily injury and property damage with limits of at least one million dollars per occurrence and five million dollars in the aggregate.

      (2)   All policies, except policies for professional liability, must be written on an occurrence basis. All policies must be written with insurance carriers who are qualified to do business in the State of Illinois and who are rated A-VII or better in the latest Best's Key Rating Guide. All policies must be written on the most current Insurance Service Office (ISO) or National Council on Compensation Insurance (NCCI) form or a manuscript form if coverage is broader than the ISO or NCCI form.

      (3)   The City of Galesburg and its officers and employees must be named as an additional insured party on the general-liability policy. The city's interest as an additional insured party must be on a primary and non-contributory basis on all policies and be noted as such on the insurance certificates.

      (4)   The policy must give the city at least 30 days' notice prior to any change, cancellation, or non-renewal except in the case of cancellation for non-payment of premium, in which case the notice must be made ten days before the cancellation. Any renewal certificate of insurance must be automatically provided to the city at least 30 days prior to the policy expiration. If a self-insured retention or a deductible is maintained on any of the policies, then the amount of the retention or deductible is subject to approval by the city; the city may not unreasonably withhold the approval.

      (5)   Prior to any work at the site, the owner shall provide the city with certificates of insurance showing evidence that the insurance policies required under this section are in full force and effect.

(Ord. 25-3757, passed 7-21-2025)