Dearborn Heights, MI Accessory Structures: ADU Owner Occupancy (2026)

Section 36-141(c)(4) is a distinct owner-occupancy condition layered on top of the general accessory dwelling standards in Section 36-141(c)(1) through (3). It requires that the principal building on the parcel be the primary and permanent legal residence of the property owner, and that the accessory dwelling remain clearly secondary to the use of the building as a single-family residence. Read together with the section's stated intent in subsection (a), which is to let homeowners house relatives, caregivers, or senior family members without turning a single-family lot into a duplex-style rental, the owner-occupancy condition is what keeps the arrangement from becoming an investor-owned two-unit rental.

Because the standard is enforced through the zoning compliance certificate process in subsection (b)(1), the building official or planning commission can require documentation, such as plans or plot information, confirming the property owner actually resides in the principal structure before an accessory dwelling is approved or an existing one is verified during a compliance check. This condition applies specifically to accessory dwellings tied to detached single-family homes in the R1 and RM districts; it does not appear in subsection (d), which separately governs accessory dwellings above commercial or office uses in the C1, C2, CX, and O districts.

A homeowner who moves out of the principal residence while continuing to rent the accessory unit would no longer satisfy the owner-occupancy condition, since the code requires the owner's actual, permanent residence in the main building, not merely legal title to the parcel. The Building and Engineering Department can require proof of occupancy during an inspection or complaint-driven review of a suspected non-owner-occupied accessory dwelling.