Fort Worth, TX Accessory Structures: ADU Owner Occupancy (2026)

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).