Killeen City Council routinely imposes owner-occupancy as a condition of the Specific Use Permit granted for accessory dwelling units in single-family districts under Chapter 31 (Zoning). The owner must occupy either the principal dwelling or the ADU as a permanent residence, typically secured by a deed restriction recorded with the Bell County Clerk. Texas has not preempted local owner-occupancy rules, and Fort Cavazos PCS turnover makes the requirement particularly relevant in Killeen.
Owner-occupancy is a routine condition Killeen City Council attaches to Specific Use Permits for accessory dwellings in single-family districts under Killeen Code Ch. 31. The property owner must use either the principal dwelling or the ADU as their permanent residence. The recorded deed restriction is filed with the Bell County Clerk under Texas Property Code Ch. 12 (recording statutes) before the Certificate of Occupancy issues, and the restriction runs with the land binding future owners. Evidence of owner occupancy commonly includes a Texas driver's license, voter registration, and Bell County Appraisal District homestead exemption tied to the property address. Texas state law has not preempted local owner-occupancy rules (unlike California's AB 976), so Killeen retains full authority. The Fort Cavazos (formerly Fort Hood) PCS cycle creates a unique pressure point: active-duty soldiers frequently rotate every 2-4 years, and an owner-occupant who PCSes out of Killeen typically loses ADU legal status unless the city grants a hardship exception or the owner returns to occupancy within a permit-defined window. Some SUPs include military-deployment exception language allowing temporary non-occupancy during active deployment or PCS, but this is granted case-by-case. If the owner ceases occupancy without exception, the ADU loses its legal status and faces code enforcement. LLC or trust ownership requires the principal member or trustee to reside on-site and sign a residency affidavit. Both the principal dwelling and the ADU cannot be rented to non-owners simultaneously because this triggers duplex reclassification, which is prohibited in SF-1, SF-2, SF-3 districts.
Operating an ADU without satisfying owner-occupancy is a Killeen Code of Ordinances violation. The city may revoke the SUP and Certificate of Occupancy and refer the case to municipal court. Texas Local Government Code § 54.001 authorizes civil penalties up to $1,000 per day for health-and-safety zoning violations and $500 per day for general zoning violations. Both units rented to non-owners can trigger a stop-use order.
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