HOUSE BILL No. 4012

 

January 15, 2015, Introduced by Rep. Kelly and referred to the Committee on Agriculture.

 

     A bill to amend 2006 PA 110, entitled

 

"Michigan zoning enabling act,"

 

by amending section 204 (MCL 125.3204).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 204. (1) A zoning ordinance adopted under this act shall

 

provide for the use of a single-family residence by an occupant of

 

that residence for a home occupation to give instruction in a craft

 

or fine art within the residence. This section subsection does not

 

prohibit the regulation of noise, advertising, traffic, hours of

 

operation, or other conditions that may accompany the use of a

 

residence under this section.subsection.

 

     (2) This subsection shall be known and may be cited as the

 

"homestead subsistence farming act". If a structure is lawfully

 

used as a residence under a zoning ordinance, the production of

 

farm products on the property where the structure is located, for


 

consumption by the residents or transfer by the residents, is a

 

lawful use and is not subject to a special use or conditional use

 

permit or procedure. This subsection does not prohibit sales of

 

farm products above a de minimis value if otherwise authorized by

 

law. As used in this subsection:

 

     (a) "Farm products" means fruits, vegetables, dairy products,

 

or reasonable numbers of poultry, livestock, or other farm animals.

 

     (b) "Transfer" includes food stand or similar sales of a de

 

minimis value or trading or sharing.