ADU Owner Occupancy: Arlington vs Fort Worth
How do adu owner occupancy rules compare between Arlington, TX and Fort Worth, TX?
Fort Worth has fewer restrictions than Arlington.
Arlington, TX
Tarrant County
Arlington typically imposes owner-occupancy as a condition of the Specific Use Permit granted for accessory living quarters under UDC Article 4. The owner must occupy either the principal dwelling or the ADU as a permanent residence. A recorded deed restriction with the Tarrant County Clerk is generally required. Texas has not preempted local owner-occupancy rules.
View full Arlington rules →Fort Worth, TX
Tarrant County
Fort Worth Zoning Ordinance Section 5.300 requires that one of the dwellings (primary or ADU) be owner-occupied. ADUs cannot be sold separately from the primary residence. The owner-occupancy requirement is enforced through code compliance complaints and may require a recorded deed restriction in some districts.
View full Fort Worth rules →Key Facts Comparison
| Fact | Arlington | Fort Worth |
|---|---|---|
| Code Section | Arlington UDC Art. 4 (SUP) | Zoning Ord. Sec. 5.300 |
| Owner Occupancy | Required (typical SUP condition) | Required for primary OR ADU |
| Deed Restriction | Recorded with Tarrant County | - |
| Both Units Rented | Prohibited (single-family district) | Prohibited (most districts) |
| Separate Sale | - | Not permitted |
| Evidence of Occupancy | - | Tarrant CAD homestead exemption |
Highlighted rows indicate differences between cities.
Arlington FAQ
Does Arlington require the owner to live on the property to have an ADU?
Yes typically. Arlington City Council routinely imposes owner-occupancy as a condition of the Specific Use Permit for accessory living quarters, with a deed restriction recorded against the property at Tarrant County.
Can an LLC own a property with an ADU in Arlington?
LLC ownership is allowed but complicates owner-occupancy. The SUP typically requires the principal member or trustee to reside on-site and sign a residency affidavit. This is reviewed case-by-case by Planning and Zoning Commission.
Fort Worth FAQ
Does Fort Worth require me to live on-site if I build an ADU?
Yes. Fort Worth Zoning Ordinance Section 5.300 requires that either the primary dwelling or the ADU be occupied by the property owner (or owner's family). Both units cannot be rented to non-owners simultaneously in most residential districts.
Can I rent both my Fort Worth house and my ADU?
Generally no. One unit (primary or ADU) must be owner-occupied under Zoning Ord. Sec. 5.300. The other can be rented for 30 days or longer. Some urban-village or planned development zones may waive this rule with specific conditions.
Can I sell my Fort Worth ADU separately?
No. The ADU cannot be sold or conveyed separately from the primary dwelling - the lot is a single parcel. To sell the units separately would require a subdivision plat under Texas Local Government Code Ch. 212, which Fort Worth does not approve for ADU lots.
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