Irving, TX Accessory Structures: ADU Owner Occupancy (2026)

Owner occupancy is a routine condition Irving's Board of Adjustment and City Council attach to Special Exceptions and rezonings that allow accessory dwelling units. The property owner must use either the principal dwelling or the ADU as their permanent residence, typically evidenced by Texas driver's license, voter registration, and homestead exemption tied to the property address. Where a recorded restriction is required, it is filed with the Dallas County Clerk for most of Irving (or Tarrant County for the portion of Irving in Tarrant County) and runs with the land, binding future owners until released. Texas state law has not preempted local owner-occupancy requirements — there is no Texas analog to California's AB 976 — so Irving retains full discretion under Tex. Local Gov't Code Ch. 211. If the owner ceases occupancy, the Special Exception may be revoked under UDC procedures and code enforcement opened. LLC or trust-owned properties face additional scrutiny because corporate entities cannot personally occupy a property; in those cases the approval typically requires the principal member or trustee to reside on-site and sign a residency affidavit. Renting both the principal dwelling and the ADU simultaneously to non-owners is generally treated as a duplex use, which is not permitted in R-6 / R-7.5 / R-10 single-family districts under UDC Chapter 2 and requires rezoning to a district that permits two-family use.