Bellaire, TX Accessory Structures: ADU Rules (2026)

Bellaire exercises municipal zoning authority under Texas Local Government Code Chapter 211, which authorizes home-rule cities to regulate the size, height, and use of structures. Chapter 24 of the City of Bellaire Code of Ordinances (Planning and Zoning) divides residential land into single-family districts (R-1, R-3, R-4, R-5) plus a Townhome District (TH) and limited multifamily/mixed-use districts. Article II definitions (Sec. 24-202) provide that a 'dwelling unit' is a building or portion of a building 'arranged, occupied or intended to be occupied by a family as living quarters' with food preparation and sleeping facilities, and a 'single-family dwelling' (Sec. 24-202(60)) houses one family with no more than two unrelated occupants. 'Accessory use' under Sec. 24-202(2) is restricted to uses 'subordinate and incidental to' the principal residence and located on the same lot. Sec. 24-510 governs the standards for accessory uses and structures. An accessory structure is permitted to be attached to the main residence only via a breezeway or carport enclosed on no more than two sides. Accessory structures in the rear yard must observe a minimum 3-foot side yard from interior side lot lines; in front of the rear-half mid-line they must meet the principal-structure setback. Combining lots to add an accessory structure (pool house, detached garage, etc.) typically requires a replat. Many Bellaire subdivisions further impose deed restrictions; Bellaire West Section 3.1, for example, defines residential use to 'specifically prohibit . . . the use of any Lot for a duplex apartment, a garage apartment or any other apartment use.' Texas does not preempt Bellaire's zoning on ADUs (no statewide ADU preemption law has been enacted). To add habitable space, homeowners typically build a permitted accessory structure (without a separate kitchen or independent rental use) and apply for permits through Bellaire Development Services (713-662-8240, zoning@bellairetx.gov).