Irving's Home Business: The Rules That Matter
Every city handles home business a little differently. In Irving, Texas, there are 3 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.
Cottage Food Operations
Texas Cottage Food Law allows home-based food sales up to $75,000/year without a city food establishment permit. Products limited to non-potentially hazardous foods sold directly to consumers.
Key details: Annual Limit: $75,000. Permit Required: No city permit needed. Products: Non-potentially hazardous foods. Sales Method: Direct to consumer only. Authority: TX Health & Safety Code Ch. 437.
Exceeding $75,000 annual limit requires commercial licensing. Selling non-approved items may result in health department enforcement.
Irving is more permissive than most cities when it comes to cottage food operations. That said, there are still limits.
Home Daycare
Texas HHSC licenses home daycares. Registered homes may care for 1-6 children; listed homes 1-3 children from one household. Irving zoning must permit the use in the district.
Key details: Registered Home: 1-6 children. Listed Home: 1-3 from one household. Licensed Home: 7-12 children. State License: Required from HHSC. Zoning: Must be permitted in district.
Operating without proper HHSC licensing is a state violation. Zoning violations enforced by Irving Code Enforcement.
The rules around home daycare in Irving lean permissive, but that does not mean anything goes.
Zoning & Home Occupation Permits
Irving's Unified Development Code defines a customary home occupation as work carried on inside a residence without structural changes, extra machinery, or non-resident employees. The definition, in the code's citywide definitions chapter, sets the baseline every zoning district uses when it lists home occupations as a permitted accessory use in single-family neighborhoods.
Key details: Governing code: Irving Unified Development Code § 9.3, Definitions. Staffing limit: Only household occupants may work on-site. No structural change: No alteration or extra equipment allowed. Zoning status: Permitted accessory use in R-40 through R-6. Childcare exception: Licensed home childcare is not barred.
Operating a business from a residence that does not meet the customary-home-occupation definition, because it employs outside workers, installs extra equipment, or alters the structure, is a use not authorized as an accessory use in a single-family district. Code enforcement can cite the property for an unpermitted use and require the operator to either conform to the definition, obtain the appropriate zoning approval, or relocate the business.
The Bottom Line
Compared to many U.S. cities, Irving gives residents more room on home business. 2 of the 3 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.
Keep in mind that Irving 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.