9-470. Building permits; hoophouses; polyhouses; exemption; existing zoning regulations; compliance; administrative review; definitions

439 words·~2 min read·/az/title-9/9-470

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Notwithstanding any other law, construction of a hoophouse or polyhouse is exempt from municipal building permit requirements if the hoophouse or polyhouse meets all of the following requirements:

1. The structure does not have a permanent anchoring system. The structure shall be anchored in a way that allows removal and relocation of the structure at the discretion of the property owner and in a manner that prevents unintended detachment or relocation.

2. There is no temporary or permanent storage of solvents, fertilizers, gases or other chemicals or flammable materials.

3. The structure is not wider than thirty-one feet and there is an unobstructed path of not more than one hundred fifty feet from any point to a door or fully accessible wall.

4. The covering of the structure is of material not greater than twelve mils in thickness, that conforms to the national fire protection association standard methods of fire tests for flame propagation of textiles and films (NFPA 701) and that yields approximately four pounds of maximum impact resistance to provide egress through the wall.

B. Notwithstanding subsection A of this section, if a hoophouse or polyhouse is located on a lot less than one acre in size within a residential community, a municipality may adopt an ordinance to regulate the structure's height above the fence line.

C. Notwithstanding subsection A of this section, if a hoophouse or polyhouse contains a device that is subject to existing municipal electrical or mechanical codes and regulations, a permit shall be required for the device. If the hoophouse or polyhouse is connected to a potable water system, a permit shall be required for the backflow prevention devices contained within the potable water system.

D. Notwithstanding subsection A of this section, a hoophouse or polyhouse shall comply with all height, setback and lot coverage requirements contained in the municipal zoning and land use regulations for detached accessory buildings or structures.

E. A municipality may establish an administrative review process for a hoophouse or polyhouse constructed pursuant to this section and may require a person who intends to build a hoophouse or polyhouse to submit to the municipality documentation that contains information regarding the construction of the hoophouse or polyhouse, including the materials being used, so the municipality may determine if the planned construction meets the requirements of this section.

F. For the purposes of this section:

1. "Hoophouse" or "polyhouse" means a greenhouse used exclusively for producing and storing live plants.

2. "Permanent anchoring system":

(a)Means a structurally engineered assembly of components designed to affix a structure to the ground on a permanent basis.

(b)Includes permanent foundations and anchors.