Irving commonly imposes owner-occupancy as a condition of any Board of Adjustment Special Exception or rezoning granted for an ADU. The owner must occupy either the principal dwelling or the ADU as their permanent residence, typically backed by a recorded affidavit or deed restriction with the Dallas County Clerk (or Tarrant County for west Irving lots). Texas state law has not preempted local owner-occupancy rules.
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 β there is no Texas analog to California's AB 976 β 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.
Operating an ADU without satisfying the owner-occupancy condition is a code violation. Irving Code Enforcement may issue a notice of violation, refer the matter to municipal court, and recommend revocation of the Special Exception to the Board of Adjustment. Fines up to $500 per day apply under Texas Local Government Code Section 54.001 for zoning violations.
Irving, TX
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Irving, 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 Irving's adu owner occupancy rules stack up against other locations.
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