PUBLISH

(April 28, 2020)

ORDINANCE NO.

2020- 038, FIFTH

SERIES

CITY OF NEW ULM,

BROWN COUNTY,

MINNESOTA

AN ORDINANCE

AMENDING

CHAPTER 9 OF THE

CITY CODE OF THE

CITY OF NEW ULM

RELATIVE TO

SOLAR ENERGY

SYSTEM STAN-

DARDS

BE IT ORDAINED BY

THE CITY COUNCIL

OF THE CITY OF

NEW ULM:

SECTION I. That

Chapter 9. 14 of the

City Code of the City of

New Ulm is hereby

amended to add the

following:

Subdivision 8. Solar

Energy System Stan-

dards

A. Definitions.

1. “Building or Other

Architecturally- In-

tegrated Solar Energy

Systems” means an

active solar energy

system that is an in-

tegral part of a princi-

pal or accessory build-

ing, rather than a

separate mechanical

device, replacing or

substituting for an ar-

chitectural or structural

component of the

building. Building- in-

tegrated systems in-

clude, but are not lim-

ited to, photovoltaic or

thermal solar systems

that are contained

within roofing materi-

als, windows, skylights

and awnings.

2. “Community Solar

Energy System”

means a solar- electric

array that provides re-

tail electric power (or a

financial proxy for retail

power) to multiple

community members

or businesses residing

or located off- site from

the location of the solar

energy system.

3. “Ground Mounted

Solar Energy System”

means freestanding

solar panels mounted

onto the ground by use

of racks or poles or

similar apparatus.

4. “Roof or Building

Mounted Solar Energy

Systems” means a

solar energy system

that is mounted to the

roof or building using

brackets. stands or

other apparatus.

5. “Solar Energy Sys-

tem” means an active

solar energy system

that collects or stores

energy that transforms

solar energy into

another form of energy

or transfers heat from a

collector to another

medium using

mechanical, electrical,

thermal or chemical

means.

6. “Solar Farm” means

a commercial facility

that converts sunlight

in electricity, whether

by photovoltaics (PV),

concentrating solar

thermal devices (CST)

or other conversion

technology, for the

principal purpose of

wholesale sales of

generated electricity.

7. “Solar Hot Water

System” means a sys-

tem that includes a

solar collector and

heat exchanger that

heats or preheats wa-

ter for building heating

systems or other hot

water needs.

8. “Institutional Use”

means a use defined

as a library, community

center, church, hospi-

tal, school, any organi-

zation of an educa-

tional, philanthropic or

charitable nature or

cemetery.

B. Residential Dis-

tricts.

1. Ground mounted

solar energy systems

are permitted as ac-

cessory uses in all

residential zoning dis-

tricts subject to the fol-

lowing standards.

a. Location: rear yard

only

b. Setbacks:

i. Must comply with ap-

plicable side and rear

yard setbacks of the

zoning district in which

the system is located.

ii. Must be located a

minimum of five (5)

feet from any other

principal or accessory

structure.

iii. Must be located a

minimum of 30′ from

all buildings located on

adjacent lots or parcels

of property.

c. Height:

i. Shall not exceed fif-

teen (15) feet in height

when oriented at max-

imum vertical tilt. A tall-

er system may be al-

lowed by conditional

use permit.

ii. The height of a

ground mounted solar

energy system shall be

measured from the

ground surface to the

highest extent the sys-

tem is capable of

reaching.

d. Coverage:

i. The total surface

area of all ground

mounted solar energy

systems on the lot

shall not exceed 120

square feet.

ii. A system over 120

square feet in size may

be permitted by condi-

tional use permit.

iii. Square footage of

the solar energy sys-

tem shall be con-

sidered in determining

the maximum amount

of allowable square

footage for accessory

buildings and struc-

tures permitted on the

lot.

2. Roof or building

mounted and building

or architecturally in-

tegrated solar energy

systems are permitted

on principal or acces-

sory buildings in all

residential zoning dis-

tricts subject to the fol-

lowing standards:

a. Location: on princi-

pal or accessory build-

ings.

i. If mounted to the wall

of a building, the solar

energy system may not

extend beyond the ex-

terior perimeter wall of

the building.

ii. Shall be flush

mounted on a pitched

roof.

b. Setback: all solar

energy systems must

have a three (3) foot

clearance around all

roof edges to facilitate

emergency responder

access.

c. Height: no part of

the solar energy sys-

tem shall project

beyond the peak of the

roof to which it is at-

tached.

d. Coverage: there is

no percentage or

square footage limita-

tion.

e. Flat Roof: Solar col-

lectors may be bracket

mounted on flat roofs

no more than

3 feet above the sur-

face of the flat roof, or

extending to the height

of the roof’ s parapet

without regard to pro-

jection and must main-

tain a setback of not

less than three (3) feet

from all roof edges.

C. Business, Industri-

al, and Agricultural

Residence Districts.

1. Ground mounted

solar energy systems

are permitted as ac-

cessory uses in all

business, industrial

and agricultural

residence zoning dis-

tricts subject to the fol-

lowing standards.

a. Location: rear yard

only

b. Setbacks:

i. Must comply with ap-

plicable side and rear

yard setbacks of the

zoning district in which

the system is located.

ii. Must be located a

minim um of ten (10)

feet from any other

principal or accessory

structure.

iii. Must be located a

minimum of 30′ from

all buildings located on

adjacent lots or par-

cels of property.

c. Height:

i. Shall not exceed fif-

teen (15) feet in height

when oriented at max-

imum vertical tilt. A tall-

er system may be al-

lowed by conditional

use permit.

ii. The height of a

ground mounted solar

energy system shall be

measured from the

ground surface to the

highest extent the sys-

tem is capable of

reaching.

d. Coverage:

i. The total surface

area of all ground

mounted solar energy

systems on the lot

shall not exceed 15%

of the lot size or 1, 000

square feet, whichever

is less.

ii. Square footage of

the solar energy sys-

tem shall be con-

sidered in determining

the maximum amount

of allowable square

footage for accessory

buildings and struc-

tures permitted on the

lot.

2. Roof or building

mounted and building

or architecturally in-

tegrated solar energy

systems are permitted

on principal or acces-

sory buildings in all

business, industrial

and agricultural

residence zoning dis-

tricts subject to the fol-

lowing standards:

a. Location:

i. If mounted to the wall

of a building, the solar

energy system may not

extend beyond the ex-

terior perimeter of the

building.

ii. Shall be flush

mounted on pitched

roofs.

b. Height: no part of

the solar energy sys-

tem shall project

beyond the peak of the

roof to which it is at-

tached.

c. Setback: all solar

energy systems must

have a three (3) foot

clearance around all

roof edges to facilitate

emergency responder

access.

d. Coverage: there is

no percentage or

square footage limita-

tion.

e. Flat roof:

i. Solar energy sys-

tems shall be set back

as follows: at least one

(1) foot from the exteri-

or perimeter of the

building on which the

system is mounted, for

every foot that the sys-

tem extends above the

height of the roof at its

exterior perimeter.

ii. The maximum height

of any component of

the solar energy sys-

tem shall be not

greater than 10 feet.

D. Other applicable

standards for all zoning

districts.

1. Feeder lines. All

power exterior electri-

cal or other service

lines must be buried

below the surface of

the ground.

2. A visible exterior

disconnect shall be

provided per the Na-

tional Electrical Code.

3. The solar energy

system must be an-

chored in such a

manner as to withstand

wind speeds and snow

load as required of oth-

er rooftop mechanical

equipment in the build-

ing code.

4. Exemption. Building

integrated solar energy

systems are exempt

from the requirements

of this section and shall

be regulated as any

other building element.

5. Compliance with

building codes. All

solar energy systems

shall comply with the

Minnesota Building

Code.

6. Compliance with

electric code. All solar

energy systems shall

comply with the Na-

tional Electrical Code.

7. Compliance with

plumbing code. All

solar thermal systems

shall comply with the

Minnesota State

Plumbing Code.

8. No signs, other than

public safety warning

or equipment informa-

tion, shall be

affixed to any portion of

the structure.

9, Institutional uses

may install solar ener-

gy systems in a side

yard that does not

have street frontage,

provided the lot

exceeds one (1) acre

in size.

10. The placement of

transmitting, receiving,

and switching equip-

ment shall be integrat-

ed within the site, be-

ing located within an

existing structure

whenever possible.

Any new accessory

equipment structure

shall be attached to the

principal building, if

possible, and be con-

structed of materials

and a color scheme

compatible with the

principal structure and/

or surrounding area, or

within an equipment

encasement not

exceeding ten (10) feet

by ten (10) feet in area

and five (5) feet in

height.

11. Accessory equip-

ment or buildings asso-

ciated with solar ener-

gy systems shall be

screened from public

rights- of-way or other

public spaces.

12. The City prohibits

ground mounted solar

energy systems in

flood plain districts.

13. No solar energy

system shall violate

MPCA noise stan-

dards, air quality stan-

dards or otherwise

result in a nuisance

source of noise.

14. All solar energy

systems shall be oper-

able and maintained in

good repair.

15. All solar energy

systems and building

integrated solar energy

systems are subject to

any and all applicable

federal, state and local

laws and regulations.

16. Any solar energy

system exceeding

40kW shall require a

Conditional Use Per-

mit.

17. Any community

solar or solar farm pro-

ject must be located in

an agricultural

residence or industrial

district and shall re-

quire a Conditional Use

Permit.

18. All solar energy

systems shall comply

with the height re-

quirements in the appli-

cable zoning district in

which the system is

placed.

E. Approvals.

1. Permits: The erec-

tion, alteration, im-

provement, recon-

struction, and move-

ment of a solar energy

system requires a

building permit and

supplemental applica-

tion from the City prior

to installation of the

system.

2. Utility notification:

The owner of a solar

energy system that will

physically connect to a

house or other

building’s electrical

system and/or electric

utility grid shall provide

the City of New Ulm

with proof of an inter-

connection agreement

with the City of New

Ulm Public Utilities pri-

or to the issuance of a

building permit.

F. Aesthetics.

1. All solar energy sys-

tems shall use colors

that blend with the

color of the roof or oth-

er structure or be

screened from routine

view from public rights-

of-way other than al-

leys as much as possi-

ble.

2. Reflection angles

from collector surfaces

shall be oriented so as

not to interfere with the

use and enjoyment of

other properties.

Where necessary,

screening may be re-

quired to address glare

to the extent possible

without impeding their

function.

3. Screening from rou-

tine view from the pub-

lic right-of-way and im-

mediate adjacent

residences shall be re-

quired in an attempt to

minimize the visual im-

pact of ground mount-

ed solar energy sys-

tems and any exten-

sive or imposing perim-

eter security fencing

that is proposed.

4. The City may re-

quire additional

landscaping or other

means of screening to

limit visual impacts of

the solar energy sys-

tem.

G. Easements.

1. A property owner

who has installed or in-

tends to install a solar

energy system shall be

responsible for nego-

tiating with other pro-

perty owners in the vi-

cinity for any solar

easements and shall

record the easements

with the Brown County

Recorder’ s Office (per

MN SS 500. 30, as it

may be amended from

time to time). If no

such easement is

negotiated and record-

ed, the owner of the

solar energy system

shall have no right to

prevent the construc-

tion of structures,

planting of trees, or

any other items that

may affect the perfor-

mance of the solar sys-

tem permitted by this

ordinance on nearby

properties on grounds

that the construction

would cast shadows on

the solar energy sys-

tem. The City does not

assure access to sun-

light.

2. Solar energy sys-

tems shall not be locat-

ed within any ease-

ment areas.

H. Abandonment

1. All solar energy sys-

tems, unless it is an in-

tegral part of the struc-

ture, that remain non-

functional or inopera-

tive for a continuous

period of twelve (12)

months shall be

deemed abandoned

and shall constitute a

public nuisance. The

owner shall remove the

abandoned system at

their expense after a

demolition permit has

been obtained. Remo-

val includes the entire

structure, including but

not limited to the foun-

dation, transmission

equipment, structure,

and any associated ac-

cessory structures.

Any owner that has not

removed the system

within these twelve

(12) months shall be

notified by the City in

writing and given thirty

(30) days to comply

with the removal. Upon

failure to comply with

the notice within the

specified time period,

the City is authorized

to cause the removal of

such system as a pub-

lic nuisance and assign

and specially assess

any expenses incurred

from the removal of the

same to the property or

the property owner.

I. Heritage preserva-

tion landmarks or

districts.

1. All roof and wall

mounted solar energy

systems located in any

Historic Preservation

District or on any Land-

mark shall be reviewed

and approved by the

Heritage Preservation

Commission prior to

the issuance of a build-

ing permit.

2. Ground mounted

solar energy systems

shall not be permitted

on a designated histori-

cal property.

SECTION II. That this

ordinance shall take ef-

fect and shall be in

force 30 days from and

after its adoption, ap-

proval, and publication.

Adopted by the City

Council of the City of

New Ulm this 21st day

of April, 2020.

Charles Schmitz

President of the City

Council

Attest:

Nicole Jorgensen

Finance Director

Approved by the Mayor

of the City of New Ulm

this 21st day of April,

2020

Robert J. Beussman

Mayor