Arlington, TX Accessory Structures: ADU Owner Occupancy (2026)

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 — 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.