Des Moines Chapter 134 has historically required the property owner to reside on-site (in either the primary dwelling or the ADU) as a condition of ADU permit issuance. Verification is by recorded affidavit. Iowa has no statewide preemption of owner-occupancy mandates. HOA covenants may impose additional restrictions enforced under Iowa Code Chapter 499B (condominium) and common-law restrictive covenants.
Des Moines Municipal Code Chapter 134 conditions ADU approval on owner-occupancy of one of the two dwelling units (either the primary structure or the ADU). The property owner files a recorded owner-occupancy affidavit with Polk County Recorder as part of the permit process. Sale of the property generally requires the new owner to re-record the affidavit if the ADU continues in use. Iowa Code does not preempt this rule - Iowa, unlike California (AB 671) and Oregon, has no statewide ADU owner-occupancy preemption. Practical impact: investor purchase-and-rent-both-units strategies are not allowed under the current ordinance. Properties in Sherman Hill, Drake, Beaverdale, and the East Village historic and pre-war neighborhoods commonly explore ADUs. Some PlanDSM stakeholders have advocated relaxing the owner-occupancy rule, but as of this writing it remains in effect. Private restrictions stack on top: HOA covenants under Iowa Code Chapter 499B (condominiums) and common-law restrictive covenants in subdivisions may impose additional owner-occupancy and use restrictions. Historic district properties also face Landmark Review Board (LRB) standards under Chapter 58.
Failure to maintain owner-occupancy may trigger revocation of the ADU permit and require ceasing rental of one unit. Continuing rental in violation may be enforced under Chapter 60 municipal infractions with fines up to $750 per day. False statements on the owner-occupancy affidavit can constitute Iowa Code 720.2 (false certificate) violations. HOA/condo violations follow declaration-based fines, typically $100-$500 per occurrence, with lien rights under Iowa Code 499B.18.
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See how Des Moines's adu owner occupancy rules stack up against other locations.
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