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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Owner-occupancy required
At least one unit occupied by lot owner
Applies to
Principal home or ADU, either qualifies
Also required
Compliance with building, fire, health, rental-licensing codes
Governing section
Ch. 53A, Art. II, Sec. 3(B)(7)(a)(vi)(A)
District
Plum Creek PUD 'R-1' only

Summary

In the City of Kyle's Plum Creek Planned Unit Development, a lot with an accessory dwelling unit must have an owner living on site: Chapter 53A of the Kyle City Code requires that at least one of the two dwelling units, the principal home or the ADU, be occupied by the lot's owner, blocking pure rental-only use of both units.

(vi) In addition to compliance with all applicable city codes and regulations including, but not limited to, those dealing with building, plumbing, electrical, fire, safety, health and sanitation, property maintenance and rental housing licensing, the construction, occupancy and use of an accessory dwelling unit shall be controlled by the following restrictions: (A) At least one of the dwelling units on a lot containing an accessory dwelling unit shall be occupied by an owner of the lot.

Full Breakdown

Section 3(B)(7)(a)(vi) of the Plum Creek PUD zoning ordinance (Chapter 53A, Article II of the Kyle City Code, adopted by Ordinance No. 311 on July 22, 1997) layers owner-occupancy onto the district's accessory dwelling unit standard. Before an ADU can be occupied, the construction, occupancy and use of the unit must comply with all applicable city codes, including the building, plumbing, electrical, fire, safety, health and sanitation codes, property maintenance standards and rental housing licensing rules, and subsection (A) then adds that at least one of the two dwelling units on the lot, the principal residence or the accessory unit, must be occupied by an owner of the lot.

That requirement stops a Plum Creek homeowner from renting out both the main house and the ADU to two unrelated tenant households; one of the two must house the titled owner. The rule sits alongside the section's other conditions: the ADU must be built concurrently with, not before, the principal residence, occupancy is capped by unit size under Schedule B, and every eligible lot must be flagged on the subdivision plat and in restrictive covenants recorded in the Hays County real property records so future buyers and the city can track which lots carry the owner-occupancy obligation.

Violations & Fines

The Plum Creek ordinance does not print its own ADU fine schedule, so an occupancy violation falls under the Kyle Code's general penalty, Section 1-14, capping zoning-related violations at $2,000.00 per offense, with each day a violation continues counted separately. Code compliance and Planning and Community Development staff verify occupancy and rental-licensing compliance before and after an ADU is built.

Frequently Asked Questions

Can I rent out both the main house and the ADU in Plum Creek?
No. Section 3(B)(7)(a)(vi)(A) of the Kyle City Code requires that at least one of the two dwelling units on the lot, either the principal residence or the accessory dwelling unit, be occupied by an owner of the lot, so both cannot be leased to non-owner tenants at the same time.
Does the owner have to live in the ADU itself?
No. The ordinance only requires that an owner occupy one of the two units on the lot; living in the principal residence while renting the ADU satisfies the rule just as well as living in the ADU while renting the main house.
What other rules apply before I can occupy a Plum Creek ADU?
Beyond owner-occupancy, the ADU's construction and use must comply with the city's building, plumbing, electrical, fire, safety, health, sanitation, property maintenance and rental housing licensing codes, per Section 3(B)(7)(a)(vi) of the Plum Creek PUD ordinance.

Sources & Official References

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