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Senate Engrossed House Bill
agency; licensing; information (now: hoophouses; building permits; exemption) (now: hoophouses; polyhouses; regulation; compliance) |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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CHAPTER 186
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HOUSE BILL 2846 |
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An Act
amending title 9, chapter 4, article 6.4, Arizona Revised Statutes, by adding section 9-469; amending title 11, chapter 2, article 9, Arizona Revised Statutes, by adding section 11-324; relating to planning and zoning.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 6.4, Arizona Revised Statutes, is amended by adding section 9-469, to read:
9-469. Building permits; hoophouses; exemption; existing zoning regulations; compliance; administrative review; definitions
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.
Sec. 2. Title 11, chapter 2, article 9, Arizona Revised Statutes, is amended by adding section 11-324, to read:
11-324. Building permits; hoophouses; exemption; existing zoning regulations; compliance; administrative review; definitions
A. Notwithstanding any other law, construction of a hoophouse or polyhouse is exempt from county 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 county 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 county 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 county zoning and land use regulations for detached accessory buildings or structures.
e. A county 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 county documentation that contains information regarding the construction of the hoophouse or polyhouse, including the MATERIALS being used, so the county 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.
APPROVED BY THE GOVERNOR MAY 6, 2024.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 6, 2024.