Republican Tim Kelly from the 94th District introduced House Bill 4012 yesterday that would amend the Zoning Enabling Act to allow for agriculture in residentially zoned areas.
(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. "TRANSFER" INCLUDES FOOD STAND OR SIMILAR SALES OF A DE MINIMIS VALUE OR TRADING OR SHARING.
(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. "TRANSFER" INCLUDES FOOD STAND OR SIMILAR SALES OF A DE MINIMIS VALUE OR TRADING OR SHARING.
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