Corpus Christi typically imposes owner-occupancy as a condition of the Special Permit granted for accessory dwelling units in single-family districts under UDC Article 1.10. The owner must occupy either the principal dwelling or the ADU as a permanent residence, with a recorded deed restriction filed with the Nueces County Clerk before Certificate of Occupancy. Texas has not preempted local owner-occupancy rules.
Owner occupancy is a routine condition Corpus Christi City Council attaches to Special Permits granted for accessory dwelling units in single-family residential (RS) districts under UDC Article 1.10. The property owner must use either the principal dwelling or the ADU as their permanent residence. The deed restriction must be recorded with the Nueces 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 Texas homestead exemption tied to the property address. Texas state law has not preempted local owner-occupancy rules (unlike California's AB 976), so Corpus Christi retains full authority. If the owner ceases occupancy, the ADU loses its legal status and faces code enforcement action by Development Services. LLC or trust-owned properties face additional scrutiny because corporate entities cannot personally occupy a property β typically the Special Permit requires the principal member or trustee to reside on-site and sign an affidavit. Renting both the principal dwelling and the ADU to non-owners simultaneously triggers duplex/two-family reclassification, which is prohibited in RS-6, RS-4.5, RS-15, and RE districts. Padre Island and Mustang Island properties under Special Area overlays face additional compliance requirements.
Operating an ADU without satisfying owner occupancy is a code violation. The city may revoke the Special Permit 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 from Development Services.
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