Durham, NC Accessory Structures: ADU Owner Occupancy (2026)

Before 2012 Durham's UDO required the property owner to reside in either the principal dwelling or the ADU. The Durham City Attorney advised the Planning Department that the owner-occupancy condition conflicted with North Carolina law in light of the NC Court of Appeals' decision in City of Wilmington v. Hill, which held that a zoning code cannot regulate based on the identity or status of the occupant rather than the use of land. The Planning Commission and City Council adopted a text amendment removing the requirement. The current UDO 5.4.2 contains no owner-occupancy condition. An ADU may be rented, owned, or occupied by family or non-family without an owner-occupancy certification, deed restriction, or recorded covenant. The ADU still cannot be sold separately from the primary residence because the lot retains a single legal parcel under Durham's subdivision rules. Standard NCGS 42 landlord-tenant rules apply to any rental relationship. HOA-recorded restrictive covenants on private property may still impose owner-occupancy as a private contract matter and are enforced through civil court, not through the city.