Fort Worth Zoning Ordinance Section 5.300 requires that one of the dwellings (primary or ADU) be owner-occupied. ADUs cannot be sold separately from the primary residence. The owner-occupancy requirement is enforced through code compliance complaints and may require a recorded deed restriction in some districts.
Under Fort Worth Zoning Ordinance Section 5.300, an accessory dwelling unit must be occupied by the property owner OR a member of the owner's family, OR alternatively the primary dwelling must be owner-occupied. Both units cannot be rented to non-owner tenants simultaneously in most residential districts. The ADU cannot be legally sold or subdivided separately from the primary dwelling (the lot is taxed and conveyed as a single parcel). Texas does NOT have a state law preempting local owner-occupancy requirements - California's Government Code 65852.2(a)(8) only applies in California. Some Fort Worth districts (particularly the higher-density urban-village zones) may waive owner-occupancy when the ADU is part of a planned residential development. Fort Worth code compliance enforces the rule through complaint-driven investigation; staff verifies homestead exemption status with the Tarrant County Appraisal District as evidence of owner-occupancy. An ADU built under a Special Exception from the Board of Adjustment may have additional recorded conditions, often including a deed-recorded owner-occupancy covenant. Rental occupancy of either the primary or the ADU is permitted as long as the other unit is owner-occupied; rentals must be 30 days or longer under Fort Worth's short-term rental ordinance (see CMC Chapter 7).
Renting both the primary dwelling and the ADU to non-owners simultaneously is a zoning violation enforced under Fort Worth City Code Ch. 36 with citations up to $2,000 per day per violation in municipal court (Tex. Loc. Gov. Code 54.001). Repeat violations can result in revocation of the Certificate of Occupancy and an order to remove the ADU. Selling the ADU separately is also barred by Texas Property Code subdivision rules.
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