ADU Owner Occupancy: Dallas vs Irving
How do adu owner occupancy rules compare between Dallas, TX and Irving, TX?
Dallas and Irving have similar restriction levels.
Dallas, TX
Dallas County
Dallas requires the property owner to occupy either the principal dwelling or the ADU as a permanent residence under Dallas Development Code § 51A-4.217. The owner-occupancy requirement is typically a condition of the Specific Use Permit (SUP) granted for the ADU. A recorded deed restriction is required. Both units cannot be rented to non-owners simultaneously.
View full Dallas rules →Irving, TX
Dallas County
Irving commonly imposes owner-occupancy as a condition of any Board of Adjustment Special Exception or rezoning granted for an ADU. The owner must occupy either the principal dwelling or the ADU as their permanent residence, typically backed by a recorded affidavit or deed restriction with the Dallas County Clerk (or Tarrant County for west Irving lots). Texas state law has not preempted local owner-occupancy rules.
View full Irving rules →Key Facts Comparison
| Fact | Dallas | Irving |
|---|---|---|
| Code Section | Dallas Dev Code § 51A-4.217 | - |
| Owner Occupancy | Required (SUP condition) | - |
| Deed Restriction | Recorded with Dallas County | - |
| Both Units Rented | Prohibited (single-family district) | Prohibited (R-6/R-7.5 districts) |
| When Required | - | BOA Special Exception conditions |
| Recording County | - | Dallas (or Tarrant for west Irving) |
| Evidence Accepted | - | TX license, voter reg, homestead |
| LLC Ownership | - | Member residency affidavit |
Highlighted rows indicate differences between cities.
Dallas FAQ
Does Dallas require the owner to live on the property to have an ADU?
Yes. Dallas Development Code § 51A-4.217 and the typical Specific Use Permit conditions require the owner to occupy either the principal dwelling or the ADU as a permanent residence, with a deed restriction recorded against the property.
Can an LLC own a property with an ADU in Dallas?
LLC ownership is allowed but complicates owner-occupancy. The Specific Use Permit typically requires the principal member or trustee residing on-site to personally satisfy the residency test. This is reviewed case-by-case by the City Plan Commission.
Irving FAQ
Does Irving require the owner to live on the property to have an ADU?
Typically yes. Owner-occupancy is a standard condition the Board of Adjustment and City Council attach to the Special Exception or rezoning that allows the ADU, often backed by a recorded deed restriction with the Dallas County Clerk. The owner must occupy either the principal dwelling or the ADU as their permanent residence.
Can an LLC own an Irving property with an ADU?
LLC ownership is allowed but complicates owner-occupancy. The Special Exception typically requires the principal member or trustee to reside on-site and sign a residency affidavit. Each case is reviewed by the Board of Adjustment individually under UDC procedures.
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