NEW ULM — The New Ulm Planning Commission directed staff to prepare a solar energy ordinance and schedule a public hearing on it, Thursday.

Staff presented language for a proposed solar ordinance. The purpose of the ordinance is to provide appropriate locations and facilitate the development of solar energy systems. The ordinance establishes performance standards to protect properties from adverse effects.

The proposed ordinance would apply to different types of solar energy systems such as a solar system integrated to a building, a community solar energy system, grounded mounted solar energy systems, roof-mounted systems, solar farms, solar hot water systems or institutional use solar systems.

The ordinance language would set regulations for residential, business, industrial and agricultural districts. Residential districts would be permitted to use solar energy systems that were ground-mounted, roof-mounted or architecturally integrated to the building.

The ground-mounted systems would be restricted to back yards and need to comply with setback requirements. They could not exceed 15 feet in height. The surface area of all ground-mounted solar systems cannot exceed 120 square feet.

Building-mounted or integrated solar energy systems would have clearance requirements. All solar energy systems must have a three-foot clearance around all roof edges to facilitate emergency responder access and no part of the system can project beyond the peak of the roof.

Business, industrial and agricultural residence districts had similar regulations, but the total surface area for a ground-mounted energy system in these districts is limited to 15% of the lot size or 1,000 square feet.

The installation of a solar energy system requires a building permit. The city must have proof of an interconnection agreement with the New Ulm Public Utilities before the issuance of a building permit.

Aesthetic concerns require the system to blend colors with the structure or be screened from routine view. Reflection angels from collectors’ surface must be oriented to not interfere with the use and enjoyment of other properties.

Property owners would be responsible for negotiating with other properties for any solar easement. For example, a neighboring property could build a structure that blocks sunlight from the solar panels. Without an easement, the owner has no method of preventing construction.

Community Development Director David Schnobrich said staff reviewed municipal solar ordinances from other communities to create this proposal. The language is taken from Redwood Falls and Faribault.

“Solar energy systems are becoming an accepted property use,” Schnobrich said, “and I think they are expected to increase in the future.”

Commissioner Rodney Karnitz asked if the 120 square feet limitation was a sufficient size of a solar energy system.

Schnobrich said this number was taken from the Redwood Falls ordinance. Other communities placed limitations around 120 square feet.

Building Inspector Ellwood Zabel said this standard was likely related to building codes. In the past, a shed under 120 square feet did not require a building code. A resident could apply for a variance to build a solar energy system beyond 120 square feet.

Commissioner Cate Macho asked if other solar systems currently in town would be grandfathered with this ordinance.

Zabel said most of the solar energy systems were already in compliance with these regulations.

The Public Utilities Commission recently approved net energy billing service rates. This is compensation for a customer that has installed a solar energy system. At this time there are six residential and seven small commercial customers that qualify.

Schnobrich said Public Utilities did encourage staff to develop this ordinance.

Commissioner Jeff Gulden asked whether, after a solar panel is installed and a neighbor complains about the glare, there is any recourse for the neighbor affected by the glare.

Staff was uncertain if there was any recourse, but would direct this question to the city attorney. Zabel said this was one of the reasons for screening provisions in the ordinance and limiting the ground-mounted units to the backyard.

Karnitz made the motion for staff to prepare the ordinance and schedule a public hearing Thursday, March 26. The motion was unanimously approved by the commission.