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Apple Valley, MN Building Setbacks & Zoning: Structure Height Limits (2026)

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

Key Facts

R-1 and R-2 maximum height
35 feet (Appendix A rows)
Height exception
Limit increased by 50% for antennas, belfries, spires, cooling towers, elevator penthouses
Flagpoles
100 feet in any district (§ 155.334(B))
Accessory buildings
16 feet at most (§ 155.332(G))
Taller than allowed
Variance by City Council resolution (§ 155.334(C))

Summary

In the City of Apple Valley, Minnesota, the R-1 and R-2 one-family districts print a 35-foot maximum height in Chapter 155 Appendix A, and § 155.334 lets antennas, belfries, church spires, cooling towers and elevator penthouses exceed the limit by 50%. Flagpoles top out at 100 feet, and anything taller needs a City Council variance.

(A) Height limitations as set forth in this section may be increased by 50% when applied to the following: ... (B) Height limitation for flagpoles in any district shall be 100 feet. (C) Heights in excess thereof for the purposes may be permitted only by a variance granted by resolution of the City Council determining that the structures would not be dangerous and would not adversely affect the adjoining or adjacent property. ... Agriculture and residential districts shall have the following lot area, height, frontage and yard requirements. The dimensions are measured in feet, unless directly stated otherwise. ... R-1* One-family 40,000 150 30 20 30 30 35 See § ... R-2* One-family 18,000 100 30 10 30 30 35 See §

Full Breakdown

Height in Apple Valley is set district by district in the appendices to Chapter 155, and § 155.334 supplies the exceptions. For residential lots, Appendix A covers the agricultural and one- and two-family districts and prints a maximum height column in feet. The R-1 one-family row (40,000 square foot lot) and the R-2 one-family row (18,000 square foot lot) each print 35 in that column. Two-family R-5 and one-family R-3 lots are held to the same 35 in their rows.

The height of a building is defined in the code as the vertical distance above grade to the highest point of a flat or mansard roof, or to the highest gable of a pitched or hipped roof, measured from the first above-grade, habitable floor. A walk-out basement and underground parking garages do not count toward it. For multiple residential buildings, height is measured to the eave line when the code computes spacing between adjacent building faces.

Section 155.334(A) increases the height limitation by 50% for five listed features: radio or TV antennas, belfries, church spires and steeples, cooling towers, and elevator penthouses. Section 155.334(B) sets the height limitation for flagpoles in any district at 100 feet. Any height beyond these allowances needs a variance granted by resolution of the City Council, which must determine that the structure would not be dangerous and would not adversely affect adjoining or adjacent property (§ 155.334(C)).

Accessory buildings have a lower ceiling. Section 155.332(G) caps an accessory building or structure at 16 feet in height, and § 155.053(A) holds a detached garage in R-1, R-2 and R-3 districts to the same 16 feet.

The general variance path in § 155.397(B) runs through the Board of Appeals and Adjustments, which has 30 days after referral to make its recommendation, and the Council can act without it after that. Practical difficulties means a reasonable use not permitted by the zoning provisions, circumstances unique to the property not created by the applicant, and no change to the essential character of the locality.

Violations & Fines

Violating Chapter 155 is a misdemeanor under § 155.999(A), and each day a violation occurs is a separate violation. A structure built above the printed height without a Council variance under § 155.334(C) is a violation of the chapter. Economic considerations alone do not count as practical difficulties for a variance under § 155.397(B)(1).

Frequently Asked Questions

How tall can a house be in Apple Valley?
In the R-1 and R-2 one-family districts, Chapter 155 Appendix A prints 35 in the maximum height column, in feet. Height is measured from the first above-grade, habitable floor to the highest gable of a pitched or hipped roof, and a walk-out basement is not counted. Taller construction needs a variance from the City Council.
Which structures can exceed the height limit?
Section 155.334(A) lets the limit increase by 50% for radio or TV antennas, belfries, church spires and steeples, cooling towers, and elevator penthouses. Flagpoles are governed separately by § 155.334(B), which sets a 100-foot limit in any district. Everything else stays at the district maximum unless the Council grants a variance.
How tall can a detached garage or shed be?
Sixteen feet. Section 155.332(G) limits an accessory building or structure to 16 feet in height and 750 square feet in area, and § 155.053(A) repeats the 750 square foot and 16 foot limits for detached garages in R-1, R-2 and R-3 districts. Temporary vehicle storage structures are not permitted in those districts.
How does a height variance work in Apple Valley?
The petitioner files with the city, stating the practical difficulties, and lists directly abutting owners. The Board of Appeals and Adjustments reviews it and recommends to the Council within 30 days of referral. Under § 155.334(C) the Council grants relief by resolution only after finding the structure would not be dangerous or harm adjoining property.

Sources & Official References

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