Garland's single-family residential zoning effectively requires owner-occupancy of accessory living quarters by limiting each lot to one dwelling unit. The accessory guest house or servant's quarters cannot be rented as a separate household. Where a Specific Use Permit allows a true ADU, owner-occupancy is typically imposed as an SUP condition with a recorded deed restriction. Texas has not preempted local owner-occupancy rules.
Garland's Development Code defines single-family residential districts as permitting one dwelling unit per lot. An accessory guest house, pool house, or servant's quarters may be used by family members, household staff, or short-term guests but cannot operate as a separate independent rental household - that is treated as an unauthorized second dwelling unit and a zoning violation. Where a Specific Use Permit (SUP) is granted to allow a true second unit, the SUP conditions commonly include owner-occupancy of either the principal dwelling or the accessory unit and a recorded deed restriction filed with the Dallas County Clerk binding the property to those conditions. Evidence of owner occupancy includes Texas driver's license, voter registration, and a Texas homestead exemption tied to the property address under Texas Tax Code Sec. 11.13. Texas has not preempted local owner-occupancy conditions; Garland retains full authority under Texas Local Government Code Ch. 211. LLC or trust-owned properties face additional scrutiny - corporate entities cannot personally occupy a property, so SUP conditions typically require the principal member or trustee to reside on-site. If the owner moves out and rents both units, the property faces zoning enforcement and possible SUP revocation through the City Council.
Renting an unauthorized second dwelling unit: zoning violation under the Garland Development Code, fines up to $500 per day under Texas Local Government Code Sec. 54.001, and possible Code Compliance enforcement including injunction. False statement on an owner-occupancy affidavit: Class B misdemeanor under Texas Penal Code Sec. 37.10.
Garland, TX
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Garland, TX
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Garland, TX
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Garland, TX
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Garland, TX
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Garland, TX
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Side-by-side rule comparisons with other cities in Dallas County.
See how other cities in Dallas County handle adu owner occupancy.
See how Garland's adu owner occupancy rules stack up against other locations.
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