August 24, 2011, Introduced by Rep. Opsommer 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) If a residence is a lawful use under a zoning ordinance,
the planting and harvesting of fruits and vegetables at the
residence for personal consumption or transfer is a lawful use and
is not subject to a special use or conditional use permit or
procedure. As used in this subsection, "transfer" includes the
trading or free sharing of residentially grown fruits and
vegetables for personal consumption, or foodstand or similar sales
of a de minimis value. This subsection does not prohibit sales of
fruits and vegetables above a de minimis value where otherwise
authorized by law. This subsection shall be known and may be cited
as the "freedom to garden act".