HB 5585

Legalizing Accessory Dwelling Units (ADUs) by Right

House Bill 5585 updates Michigan’s Zoning Enabling Act to require that accessory dwelling units (ADUs) be permitted in residential zones under clear statewide standards.

Today, many local zoning ordinances either prohibit ADUs outright or subject them to discretionary review, owner-occupancy mandates, parking requirements, or restrictive design standards. HB 5585 establishes uniform protections to ensure ADUs are allowed as a permitted use.

What the bill does

Defines “accessory dwelling unit” (ADU) as a secondary dwelling unit incidental to a primary dwelling on the same parcel.

Requires ADUs to be a permitted use in any residential district if the following conditions are met:

  • The ADU is no larger than:

    • 800 square feet, or

    • 75% of the gross floor area of the primary dwelling (whichever is less).

  • The ADU and primary dwelling are set back at least:

    • 5 feet from rear property lines

    • 5 feet from side property lines

  • The ADU is located in a residential district.

  • The ADU is constructed:

    • Within an existing or new single-family home,

    • Attached to a single-family home, or

    • As a detached structure on a lot with a single-family home.

Protects ADUs by-right:

  • ADUs may only be subject to nondiscretionary administrative review (no public hearing required).

  • ADUs must be excluded from dwelling unit density calculations.

  • ADUs cannot be subject to parking requirements.

  • ADUs cannot be subject to owner-occupancy requirements.

  • Local governments cannot impose design, aesthetic, height, or placement standards more restrictive than those applied to the primary dwelling.

  • Local governments cannot prohibit or require basements for ADUs.

Allows retroactive approval of previously built ADUs.

Separately, the bill also prohibits local governments from excluding mobile homes from residential zones through direct or indirect zoning restrictions.

Why this matters

ADUs are one of the most cost-effective and neighborhood-compatible ways to expand housing supply. They allow:

  • Homeowners to add rental income

  • Housing options for seniors or adult children

  • Small-scale infill without major neighborhood changes

  • More efficient use of existing infrastructure

However, local zoning rules often block ADUs through discretionary review, parking mandates, or owner-occupancy restrictions.

HB 5585 ensures that modestly sized ADUs are allowed by right under clear standards, reducing barriers while preserving setback, size, and safety requirements.

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HB 5584