Waco, TX Accessory Structures: ADU Rental Restrictions (2026)

Waco created its accessory dwelling unit (ADU) program under Ordinance No. , Code of Ordinances Sec. 3. An ADU is a separate, complete living unit with its own sleeping, cooking, and sanitation facilities, attached or detached from a primary dwelling on a legally platted single-family lot. Only one ADU is allowed per lot, and it is limited to a single bedroom and a maximum floor area of 500 square feet or 30 percent of the primary dwelling's floor area, whichever is greater. Detached ADUs need a 10-foot rear setback, 5-foot side setback, and a front setback matching the primary house, with at least 10 feet of separation between the two structures; attached ADUs simply follow the underlying zoning district's setbacks.

Height cannot exceed the primary dwelling, and the unit must tie into the same city water and wastewater service as the primary home rather than obtaining a separate utility account. The occupancy rule in subsection (8) is the enforcement hook for the whole program: in single-family residence districts, the owner must sign a notarized affidavit, recorded with the McLennan County Clerk's Office, swearing that they personally occupy either the primary dwelling or the ADU as their legal residence, evidenced by voter registration, vehicle registration, or similar proof under the owner-occupancy definition in Sec.

2. Leasing out both the primary dwelling and the ADU simultaneously is unlawful, closing off the ADU from use as a pure rental-investment property separate from an owner-occupied home.