Royal Oak, MI Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Recording requirement
- Filed with Oakland County Register of Deeds
- Restriction imposed
- May not continue as two-family land use
- Runs with land
- Binds future owners, not just applicant
- Enforcement
- § 770-18 civil infraction, up to $500
Summary
Royal Oak requires a deed restriction on any property that uses the senior accessory housing provision. Under § 770-71E, the owner must record with the Oakland County Register of Deeds that the property was used under § 770-71 and may not be continued as a two-family land use.
§ 770-71. Senior accessory housing. ... E. The property owner shall record with the Oakland County Register of Deeds that the property was used under the provisions of § 770-71, Senior accessory housing, contained within the City of Royal Oak Zoning Ordinance and may not be continued as a two-family land use.
Full Breakdown
Section 770-71E adds a permanent recording requirement to Royal Oak's senior accessory housing program: the property owner must record, with the Oakland County Register of Deeds, a notice that the property was used under the provisions of § 770-71, Senior accessory housing, as adopted in the City of Royal Oak Zoning Ordinance. That recorded notice carries the ordinance's key restriction forward with the property itself, stating plainly that the property may not be continued as a two-family land use. In practice, this closes off a path some owners might otherwise expect: once a senior accessory unit is approved and later discontinued, whether because the elderly relative moves out, the owner sells, or the special land use permit is revoked under the owner-occupancy standards, the extra unit cannot simply be converted into a rented second dwelling or duplex.
Because the recording runs with the land in the county's deed records, it binds future owners as well as the original applicant, so a buyer inheriting a property with a former senior accessory unit inherits the same restriction against treating it as a two-family use. Community Development can point to the recorded document during any later zoning or permit review to confirm the property's obligations. This subsection works together with the owner-occupancy and biennial review standard in the same section: together they prevent the senior accessory allowance from becoming, in effect, a permanent rental unit or an unauthorized duplex.
Violations & Fines
Renting out or continuing to use a former senior accessory unit as a second dwelling after the special use permit ends breaches the recorded restriction under § 770-71E and the underlying Zoning Ordinance; the City can pursue it as a municipal civil infraction under § 770-18, with fines up to $250 for a first offense and $500 for each repeat violation, plus permit revocation.
Frequently Asked Questions
Can a former Royal Oak senior accessory unit be rented as a separate apartment?
Does the senior accessory housing restriction transfer when a Royal Oak property is sold?
What agency holds the recorded restriction for a Royal Oak senior accessory unit?
Sources & Official References
Other rules in Royal Oak
Compare Royal Oak to another location·View the Michigan accessory structures overview
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