Royal Oak Township, MI Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Use category
- Special land use in R-1A and R-1B districts
- Governing text
- § 32-388(b)(8): separate parcel solely for gardening or agricultural production
- Reviewing body
- Planning commission, then optional Township Board review
- Site plan copies
- 25 copies submitted with the application
- Board review window
- 30 calendar days after planning commission decision
- Penalty
- Misdemeanor: fine up to $500.00, up to 90 days
Summary
In Royal Oak Township, Michigan, using a separate parcel or lot solely for gardening or the production of agricultural products is a special land use in the R-1A and R-1B one-family residential districts, not a by-right use. It needs planning commission review and site plan approval under § 32-388(b)(8) and the special use procedures.
(b) Special land uses. The following uses may be permitted subject to: the conditions specified for each use; review and approval of the site plan; any special conditions imposed during the course of review; and, the provisions set forth in article II of this chapter. ... (8) The use of a separate parcel or lot solely for gardening or the production of agricultural products.
Full Breakdown
The Charter Township of Royal Oak is a built-up residential township, and its zoning code does not create an agricultural district. Agricultural activity appears in § 32-388, the permitted uses section for the R-1A and R-1B one-family residential districts. Subsection (b)(8) lists the use of a separate parcel or lot solely for gardening or the production of agricultural products among the special land uses, which are allowed only subject to the conditions specified for each use, site plan review and approval, any special conditions imposed in review, and the special use provisions in Article II. Section 32-364 adds that uses not expressly permitted are prohibited.
Because the use is a special land use, the process in § 32-105 applies. The owner of an interest in the land, or the owner's agent, applies on forms set by the building official, with the required fees and 25 copies of the site plan. The planning commission holds a public hearing and then approves, approves with conditions, or denies. Conditions must protect natural resources and the health, safety and welfare of neighbors and the community. The decision then goes to the Township Board, which has 30 calendar days to consider it; if the Board takes no action, the planning commission's decision becomes final.
Site plan review is also separately required: § 32-389(a) requires planning commission site plan approval for all uses in the one-family districts except detached single-family homes and family child care homes. The purpose clause in § 32-387 makes plain that these districts exclude multiple family, office, business, commercial, and industrial use.
Other provisions treat farming lightly. The definitions of excavation and fill exempt common household gardening, farming, and general ground care. The merchant licensing definition in § 14-1 does not apply to a producer of agricultural products making sales of products grown by the producer. The zoning definition of open air business names roadside stands for the sale of agricultural products, including fruits, vegetables, and Christmas trees.
Violations & Fines
Establishing the use without special land use approval violates the zoning chapter. Under § 32-262 a violation is a misdemeanor with a fine not exceeding $500.00 or imprisonment not exceeding 90 days, or both, and each day is a separate offense. Under § 32-260, a use carried on in violation is a nuisance per se subject to abatement, and § 32-263 lets the building official sue in circuit court.
Frequently Asked Questions
Can I farm a separate lot in Royal Oak Township?
How does special land use approval work?
Does the Township code define roadside stands?
Does a farmer need a merchant license to sell produce?
Does household gardening trigger the earth-moving permit rules?
Sources & Official References
Other rules in Royal Oak Township
Compare Royal Oak Township to another location·View the Michigan right to farm overview
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