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

Owner occupancy is a routine condition Laredo Planning and Zoning Commission and City Council attach to Special Use Permits for accessory dwelling units in R-1 single-family districts. 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 Webb County Clerk 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 Laredo retains full discretion. If the owner ceases occupancy, the Special Use Permit may be revoked and code enforcement opened. LLC or trust-owned properties face additional scrutiny because corporate entities cannot personally occupy a property; in those cases the SUP 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 prohibited in R-1 single-family districts and requires R-2 or R-3 zoning. In R-2 and R-3 multi-family districts, owner-occupancy is generally not required because two-family use is permitted by right.