ADU Owner Occupancy: Garland vs Irving
How do adu owner occupancy rules compare between Garland, TX and Irving, TX?
Garland and Irving have similar restriction levels.
Garland, TX
Dallas County
Garland's single-family residential zoning effectively requires owner-occupancy of accessory living quarters by limiting each lot to one dwelling unit. The accessory guest house or servant's quarters cannot be rented as a separate household. Where a Specific Use Permit allows a true ADU, owner-occupancy is typically imposed as an SUP condition with a recorded deed restriction. Texas has not preempted local owner-occupancy rules.
View full Garland 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 | Garland | Irving |
|---|---|---|
| Effective Requirement | Yes - one unit per lot in SF zoning | - |
| Authority | Garland Development Code; TX LGC Ch. 211 | - |
| Where SUP Granted | Owner-occupancy typically required | - |
| Deed Restriction | Recorded with Dallas County Clerk | - |
| Both Units Rented | Prohibited in SF districts | 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.
Garland FAQ
Does Garland require owner occupancy?
Effectively yes. Garland single-family zoning permits only one dwelling unit per lot. An accessory guest house cannot be rented as a separate household. Where a Specific Use Permit allows a true second unit, owner-occupancy is typically imposed as an SUP condition with a recorded deed restriction.
Can I rent my guest house to a non-family tenant?
No, not as a separate household in single-family zoning. The accessory structure must be incidental to the main dwelling. Renting it as an independent unit is treated as an unauthorized second dwelling and a Garland Development Code violation enforced by Code Compliance.
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.
Compare other topics
See how Garland and Irving compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool