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Apple Valley, MN Accessory Structures: ADU Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

ADU rules in Apple Valley, MN, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.

Key Facts

Where allowed
R-1 district only, one-family detached homes
Approval
Conditional use permit from the city
Minimum lot size
40,000 square feet
AUD floor area
At least 300 square feet; 40% of house footprint cap
Occupancy
No more than three persons, two bedrooms
Spacing
None if three AUDs within 2,640 feet
Lot coverage
35% of lot for house, AUD, impervious surface

Summary

In the City of Apple Valley, Minnesota, an accessory unit dwelling (AUD) is allowed only inside or attached to a one-family detached home in the R-1 district, and only with a conditional use permit. Apple Valley Code of Ordinances § 155.382 caps each lot at one AUD and sets detailed size, parking, and spacing standards.

(A) Purpose. ... The purpose of this section is to permit no more than one accessory unit dwelling (AUD) in a one-family detached dwelling (R-1 district only) by conditional use permit. The R-1 zoning district requires a minimum lot size of 40,000 square feet which ensures that additional housing will have less impact on neighboring properties. ... (C) Conditional use permit required. No property within a one-family residential district shall have more than one unit dwelling, unless a conditional use permit is first obtained from the city for an AUD. ... (1) The primary residence must be located within an R-1 zoning district and have a minimum lot size of 40,000 square feet. ... (7) An AUD shall be located within or attached to the primary residence and shall not be permitted in structures detached from the primary residence, including, but not limited to, accessory buildings, detached garages, or workshops.

Full Breakdown

Section 155.382 of the Apple Valley Code of Ordinances, adopted as Ord. 729 on 6-26-03 and amended by Ord. 1121 on 6-8-23, is the only route to a second dwelling unit on a residential lot in the City of Apple Valley, Minnesota (Dakota County). Subsection (A) limits the use to one-family detached dwellings in the R-1 district and ties it to the R-1 minimum lot size of 40,000 square feet, which the city says lessens the effect on neighboring properties. Subsection (C) provides that no property in a one-family residential district can hold more than one dwelling unit unless a conditional use permit is first obtained from the city for an AUD.

Location is tight. Under (D)(7) the AUD must be within or attached to the primary residence, and it is not permitted in accessory buildings, detached garages, or workshops, so a backyard cottage or garage apartment does not qualify. Under (D)(4) the AUD's total floor area cannot exceed 40% of the primary residence's footprint and cannot be less than 300 square feet. The City Council can approve a larger floor area if the petitioner shows the added size is clearly subordinate to the principal dwelling, the exterior changes do not substantially alter its single family character, and the resulting house size is consistent with homes in the immediate neighborhood. Under (D)(5), lot coverage from the primary residence, the AUD, and all other impervious surface cannot exceed 35% of the lot or parcel area.

Occupancy and parking are capped as well. The AUD holds no more than three occupants and no more than two bedrooms. Two off-street spaces are required for the AUD in addition to the two required for the primary residence, and no more than four motor vehicles can be parked outside of the primary residence. A home with an approved AUD is not eligible for the extra-vehicle permit under § 155.373(B)(1)(c).

Density rules apply too: only one AUD per lot, and none if three AUDs already exist within a radius of 2,640 feet (one-half mile) of the proposed unit. Design standards require the AUD to match the house's facade, roof pitch, siding, and windows, keep its primary entrance unobtrusive, connect to municipal sewer and water, and meet building, plumbing, electrical, mechanical, and fire codes. Home occupations are allowed in either the AUD or the primary residence, not both. The city can allow reasonable deviations for accessibility features.

Violations & Fines

Section 155.999(A) makes any person violating a provision of Chapter 155 guilty of a misdemeanor, and each day a violation occurs is a separate violation. Section 10.99 sets the fine and jail ceilings by reference to the maximum misdemeanor penalties in Minnesota Statutes Chapter 609. Creating an AUD without the conditional use permit breaches § 155.382(C).

Frequently Asked Questions

Can I build a detached backyard cottage as an accessory unit in Apple Valley, Minnesota?
No. Section 155.382(D)(7) requires the AUD to be located within or attached to the primary residence and bars it from structures detached from the house, including accessory buildings, detached garages, and workshops. A separate cottage or garage apartment cannot qualify as an AUD under the City of Apple Valley code.
Which zoning district allows an AUD in Apple Valley?
Only the R-1 district. Section 155.382(A) permits no more than one AUD in a one-family detached dwelling, R-1 only, by conditional use permit, and (D)(1) requires a minimum lot size of 40,000 square feet. Homes in other Apple Valley zoning districts cannot add an AUD under this section.
How many accessory units can be near each other?
Section 155.382(D)(13) bars a new AUD if three AUDs permitted under the section already exist within a radius of 2,640 feet (one-half mile) of the proposed unit. Separately, (D)(12) allows no more than one AUD on any lot or parcel in the City of Apple Valley.
How big can an Apple Valley AUD be?
Its total floor area is capped at 40% of the primary residence's footprint and cannot be less than 300 square feet under § 155.382(D)(4). The City Council can approve a larger area when the petitioner shows the unit is clearly subordinate to the principal dwelling and fits the neighborhood.

Sources & Official References

Other rules in Apple Valley

All Apple Valley rules

How Apple Valley compares: Easiest Cities to Build an ADU·Compare Apple Valley to another location·View the Minnesota accessory structures overview

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