Whether expanding a greenhouse operation, or building a new one, zoning approval is required. In some communities, especially smaller ones, this may be easy to obtain. In others, a considerable expenditure in time and money may be required. This usually depends on the level of preparedness (including paperwork), the complexity of the regulations and the feelings of neighbors toward the business.

While some may not think of greenhouses as part of agriculture, the state usually does include them as such in state statutes. This is important to understand when doing business in communities that don’t have a special zone for agriculture and attempt to include them greenhouses within a commercial classification. Categorizing greenhouses as agricultural may allow them to be built in most zones, including residential zoning.

Applying for a zoning permit

Applying for a zoning permit requires a certain level of research and homework.  First, educate the zoning enforcement officer and local zoning commission members about what a greenhouse is and what can be grown in a greenhouse. It may be that some members have never been in a production greenhouse. Planning and zoning commissions have considerable power and duties to uphold in enforcing regulations related to land use, to ensure that the needs of the community, and time and effort put into community development plans, are considered.

Second, provide all the information required by the regulations. This will be the proof needed that the new or updated facility will meet the requirements in the regulations, making it very difficult for the commission to deny the application. Zoning regulations pertain to land use. The information that can be required may include a site plan showing the location of the greenhouse on the property, along with its relation to other structures and property lines. Issues of traffic flow, parking, buffers, signs and chemicals to be used and stored may also need to be addressed. The site plan, generally prepared by a surveyor, should show contours and all physical features including ponds, streams, wetlands and the flow of runoff.

The present buildings and the proposed new greenhouse should be shown, including areas of future expansion. This will be helpful to growers when the next phase of expansion occurs. As commission makeup changes frequently, members may consider subsequent phases as having already been approved in concept by the previous commission.

Third, don’t try to intimidate the commission. Members are volunteers that serve the community without pay. They spend their evenings attending meetings to oversee the orderly development of the community. Commissioners are much more receptive to a proposal that is concise and addresses all the potential issues as they relate to the regulations.

Hearings

A public hearing may be required to get the permit. At the hearing interested neighbors can be given the opportunity to voice concerns with the planned facility. Try to anticipate these questions and have a prepared answer for them.

Typical questions raised include:

• How will the proposed greenhouse affect property values?
• Will traffic increase?
• What pesticides will be used and what is their persistence?
• How will the runoff from the greenhouse and additional parking be handled?
• Will there be noise pollution from fans, trucks, materials handling equipment, etc.?
• What are the hours of operation?

Approval or Denial of Application

If your application is approved, the next step is to apply for a building permit.

If the application is denied by the commission, there should be a record of the reasons for denial, which can then proceed to an appeal to the court. The court will review the denial to see if there was an error in the procedure or interpretation of the regulations. Generally, the court will uphold a commission decision if they followed the requirements in their regulations and they made a reasonable judgment.

Where the court will generally find for the applicant is if the commission has violated the procedures. These include failure to post notices in a timely manner, failure to file for public view, information pertaining to the application, failure of a member with a conflict of interest to disqualify themself, and other requirements that have a time period or filing procedure.

Once the application is processed and the public hearing, if required, completed, the commission has a defined time period in which to act.

Variances

A variance allows for development of the property in a manner prohibited by the zoning regulations. It allows a ‘bending of the rules.’ Often hardship has to be shown, and it can’t be self-created or financial. For example, typically variances may be issued to allow a building to be built closer to a property line than the normal setback, allow a greater percentage of the lot to be covered with greenhouses than is allowed by regulations, and the use of land that was too wet for a subdivision to be used to construct a nursery or greenhouse.

References

Greenhouse Engineering - NRAES 33 by  Robert Aldrich and John Bartok - available at  https://ecommons.cornell.edu/handle/1813/69429

Energy Conservation for Commercial Greenhouses - NRAES-3 by John Bartok available at  https://ecommons.cornell.edu/handle/1813/62126