Waco's Accessory Structures: The Rules That Matter

Every city handles accessory structures a little differently. In Waco, Texas, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

ADU Rental Restrictions

Waco's accessory dwelling unit rules require the property owner to live in either the primary house or the ADU, confirmed by a notarized affidavit recorded with the McLennan County Clerk. Renting out both the primary dwelling and the ADU at the same time is unlawful in single-family residence districts under Sec. 28-970.5.3(8) of the zoning code.

Key details: Governing section: § 28-970.5.3(8), Waco Code of Ordinances. Rule: Owner must occupy primary home or ADU, not rent both. Proof required: Notarized affidavit recorded with McLennan County Clerk. Applies to: Single-family residence districts only. Adopted: Ordinance No. 2023-969, effective November 7, 2023.

Violating any zoning chapter provision, including the ADU occupancy rule, is a misdemeanor under Sec. 28-11, punishable under the citywide penalty schedule in Sec. 1-14(b): a fine of $1 to $2,000 for zoning violations, with each day the violation continues charged as a separate offense. The city can also deny or revoke the certificate of occupancy for an ADU found in violation of the owner-occupancy or leasing restriction.

Compared to other cities, Waco takes a harder line on adu rental restrictions. The enforcement and penalty structure reflects that.

Shed & Carport Rules

A shed or detached storage building in Waco must clear five feet from the principal house and three feet from every lot line under Sec. 28-906(7), and once built it counts toward the 30-percent cap on rear-yard coverage set by Sec. 28-926(a)(3), with enclosed storage further limited to 12 feet in height.

Key details: Setback from house: More than 5 ft. Setback from lot line: Not closer than 3 ft. Rear-yard coverage cap: 30% of rear yard (all accessory structures). Enclosed storage height cap: 12 ft. Enclosed storage placement: Behind main building, screened.

A shed that violates the Sec. 28-906(7) setbacks or the Sec. 28-926 coverage and height limits is a misdemeanor under the chapter's general penalty, Sec. 28-11, with each day of noncompliance a separate offense and a fine set under Sec. 1-14. The city can cite the property owner as well as any builder, contractor or agent who assisted in erecting the noncompliant structure.

ADU Owner Occupancy

Waco requires the owner of a lot with an accessory dwelling unit in a single-family district to sign and record a notarized affidavit affirming they occupy either the primary house or the ADU, and it is unlawful to lease out both units at the same time, per Sec. 28-970.5.3(8) of the zoning code.

Key details: Applies to: Single-family residence districts only. Requirement: Notarized owner-occupancy affidavit. Filed with: McLennan County Clerk's Office. Owner may occupy: Primary dwelling OR the ADU. Prohibited: Leasing both units at the same time.

Leasing both the primary dwelling and the ADU at the same time, or failing to have the recorded owner-occupancy affidavit on file, violates Sec. 28-970.5.3(8) and is enforced as a misdemeanor under the chapter's general penalty in Sec. 28-11, with each day of the violation a separate offense and a fine under Sec. 1-14.

Compared to other cities, Waco takes a harder line on adu owner occupancy. The enforcement and penalty structure reflects that.

ADU Rules

Waco allows one accessory dwelling unit per single-family lot, capped at one bedroom and 500 square feet or 30 percent of the primary home's floor area, whichever is greater, with its own setbacks and a height ceiling matching the primary house, under Sec. 28-970.5.3 of the zoning code.

Key details: Units per lot: 1 ADU maximum. Bedrooms: 1 per ADU maximum. Size cap: 500 sq ft or 30% of primary home. Detached ADU setbacks: 10 ft rear, 5 ft side, 10 ft from house. Height: Cannot exceed primary dwelling height.

Building or occupying an ADU that exceeds the one-per-lot limit, the 500-square-foot or 30-percent size cap, the required setbacks, or the height, parking and utility-connection standards violates Sec. 28-970.5.3 and is enforced as a misdemeanor under the chapter's general penalty, Sec. 28-11, with each day of the violation a separate offense and a fine under Sec. 1-14.

The Bottom Line

Waco is tougher than many cities when it comes to accessory structures. Out of the 4 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Waco, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that Waco can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.