Arlington typically imposes owner-occupancy as a condition of the Specific Use Permit granted for accessory living quarters under UDC Article 4. The owner must occupy either the principal dwelling or the ADU as a permanent residence. A recorded deed restriction with the Tarrant County Clerk is generally required. Texas has not preempted local owner-occupancy rules.
Owner occupancy is a routine condition Arlington City Council attaches to Specific Use Permits (SUPs) for accessory living quarters under UDC Article 4. The property owner must use either the principal dwelling or the ADU as their permanent residence. The recorded deed restriction must be filed with the Tarrant County Clerk before the Certificate of Occupancy issues. The restriction runs with the land and binds future owners. Evidence of owner occupancy includes Texas driver's license, voter registration, and homestead exemption tied to the property address. Texas state law has not preempted local owner-occupancy rules (unlike California's AB 976), so Arlington retains full authority. If the owner ceases occupancy, the ADU loses its legal status and faces code enforcement. LLC or trust-owned properties face additional scrutiny because corporate entities cannot personally occupy a property β typically the SUP requires the principal member or trustee residing on-site to sign an affidavit. Both the principal dwelling and the ADU cannot be rented to non-owners simultaneously because this would trigger duplex/two-family reclassification, which is prohibited in most R-1, R-2, R-3 single-family districts. Some Master Plan PUDs in the Entertainment District and Viridian have alternative residency rules.
Operating an ADU without satisfying owner occupancy is a code violation. The city may revoke the SUP and Certificate of Occupancy and refer the matter to Municipal Court. Fines up to $500 per day apply under Texas Local Government Code Β§ 54.001. Both units rented to non-owners can trigger a stop-use order.
Arlington, TX
Arlington has no city ordinance regulating residential lawn ornaments, statuary, or religious displays on private property. Property maintenance rules under ...
Arlington, TX
Arlington has no city ordinance specifically regulating residential inflatable holiday displays. Inflatables are permitted on private property subject to rig...
Arlington, TX
Arlington has no city ordinance specifying installation dates, removal deadlines, or brightness limits for residential holiday light displays. Amplified outd...
Arlington, TX
Built-in outdoor kitchens in Arlington require multiple permits through the Community Development and Planning Department: a building permit for the structur...
Arlington, TX
Arlington has no city ordinance specifically regulating residential backyard smokers, pellet grills, or wood-fired ovens. Operation is governed by general nu...
Arlington, TX
Arlington adopts the 2018 International Fire Code under Arlington City Code Chapter 11. IFC Β§ 308.1.4 prohibits open-flame cooking devices and LP-gas contain...
Side-by-side rule comparisons with other cities in Tarrant County.
See how other cities in Tarrant County handle adu owner occupancy.
See how Arlington's adu owner occupancy rules stack up against other locations.
Quick Compare
Help us keep this page accurate. If you notice an error or outdated information, let us know.