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Royal Oak, MI Accessory Structures: ADU Rental Restrictions (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
No. Section 770-71E requires a recorded restriction stating the property may not be continued as a two-family land use, so once the senior accessory arrangement ends, the extra unit cannot be converted into an independent rental apartment or a duplex.
Does the senior accessory housing restriction transfer when a Royal Oak property is sold?
Yes. Because § 770-71E requires the restriction to be recorded with the Oakland County Register of Deeds, it runs with the land, meaning a new owner takes the property subject to the same two-family use ban that applied to the original applicant.
What agency holds the recorded restriction for a Royal Oak senior accessory unit?
The Oakland County Register of Deeds holds the recorded document, as required by City Code § 770-71E; Community Development can reference that recorded notice during any later zoning review of the property.

Sources & Official References

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