Lubbock typically imposes owner-occupancy as a condition of any Specific Use Permit issued for an accessory dwelling under the Zoning Ordinance. The owner must occupy either the principal dwelling or the ADU as their permanent residence, and a recorded deed restriction with the Lubbock County Clerk is generally required. Texas has not preempted local owner-occupancy conditions.
Owner-occupancy is a standard condition that Lubbock City Council attaches to Specific Use Permits for accessory living quarters. The property owner must occupy either the principal dwelling or the ADU as their permanent residence, evidenced by Texas driver's license address, voter registration, and Texas homestead exemption tied to the property. A deed restriction or restrictive covenant must be recorded with the Lubbock County Clerk before the certificate of occupancy is issued. The restriction runs with the land and binds future owners. Texas has not enacted preempting state law analogous to California's AB 881 (2019), which eliminated owner-occupancy mandates for new ADUs in California cities. As a result, Lubbock retains full authority to enforce owner-occupancy through code enforcement and permit revocation. LLC and trust ownership can complicate the analysis because corporate entities cannot personally occupy property; in those cases, the Planning & Zoning Commission typically requires the principal member or trustee to reside on-site and file a residency affidavit. HOAs in newer Lubbock subdivisions (Vintage Township, Kelsey Park, parts of southwest Lubbock) may impose additional or stricter occupancy rules through CC&Rs enforceable separately from city ordinance.
Operating an ADU when neither unit is owner-occupied violates the conditions of the Specific Use Permit and constitutes a zoning violation. The city may revoke the SUP and certificate of occupancy and refer the matter to Lubbock Municipal Court. Civil penalties up to $500 per day apply under Texas Local Government Code Section 54.001.
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See how Lubbock's adu owner occupancy rules stack up against other locations.
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