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

Sec. 3(8) is the occupancy clause inside Waco's broader ADU design standards adopted by Ord. No. 2023-969 on November 7, 2023. It reads: 'In single-family residence districts, the property owner shall sign an affidavit before a notary public, to be recorded with the McLennan County Clerk's Office, affirming that the owner occupies either the primary dwelling unit or the accessory dwelling unit. ' The requirement applies only in single-family residence districts, the zoning context the whole ADU division targets, since Sec. ' The affidavit must be notarized and recorded with the McLennan County Clerk, creating a public record tied to the property rather than a file kept only at city hall, so the occupancy commitment runs with the land and would surface in a title search.

The rule doesn't require the owner to live in the primary house specifically; occupying the ADU itself satisfies it, so an owner can live in the smaller unit and rent out the main house, but they cannot rent out both structures simultaneously and live elsewhere. This owner-occupancy condition exists specifically to keep Waco's ADU allowance from functioning as a second, unrestricted rental property on single-family lots, distinguishing it from the size, setback, height and parking standards that apply regardless of who occupies either unit.