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Apple Valley, MN Special Events & Permits: Sidewalk Dining & Cafés (2026)

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

Key Facts

Eligible restaurants
Class I, Class II, or Class III
Approval
Site plan review by Planning Commission and City Council
Public right-of-way
Not allowed, including sidewalks, trails, boulevards
Property line setback
At least two feet
Clear sidewalk
Minimum five-foot wide area on private sidewalk
Size cap
40% of the restaurant building's square footage
Neighbor notice
Can be required within 600 feet of residences

Summary

In the City of Apple Valley, Minnesota, outdoor dining is an accessory use to a Class I, II, or III restaurant and needs site plan review by the Planning Commission and City Council. Apple Valley Code of Ordinances § 155.383 keeps dining out of public sidewalks and caps its area at 40% of the restaurant building.

Purpose. Outdoor dining areas are permitted accessory uses in conjunction with a Class I, Class II, or Class III restaurant provided that the following requirements are met: (A) Site plan review required. The use and proposed site plan shall be reviewed by the Planning Commission and City Council, pursuant to § 155.402(B). (B) Performance standards. (1) No portion of the outdoor dining area shall be located or occur within any public right-of-way, including sidewalks/trails, boulevard areas or streets. (2) No portion of the outdoor dining area shall be located or occur closer than two feet from any property line. ... (7) The outdoor dining area shall be subordinate to the principal restaurant building and shall not exceed 40% in area of the square footage of the principal restaurant building.

Full Breakdown

Section 155.383 of the Apple Valley Code of Ordinances (Ord. 794, passed 8-24-06) governs outdoor dining in the City of Apple Valley, Minnesota (Dakota County). Outdoor dining areas are permitted accessory uses in conjunction with a Class I, Class II, or Class III restaurant, provided the listed requirements are met. Under subsection (A), the use and proposed site plan are reviewed by the Planning Commission and City Council, pursuant to § 155.402(B). That cross-referenced section has the petitioner supply a detailed and dimensioned site plan, drainage and utility plans, and a landscape plan, and the City Council takes the final action.

The most important limit for a sidewalk cafe is (B)(1): no portion of the outdoor dining area can be located or occur within any public right-of-way, including sidewalks and trails, boulevard areas, or streets. Tables belong on the restaurant's own private property, and (B)(2) keeps them at least two feet from any property line. If the area is proposed within a city drainage and utility easement, the owner must execute a license agreement prepared by the City Attorney. Where the area sits on a private sidewalk abutting the restaurant or within a parking area, it cannot interfere with pedestrian or vehicular traffic on the site, and a minimum five-foot wide area of sidewalk must remain clear for pedestrian travel.

Size and operation are controlled as well. The area must be subordinate to the principal restaurant building and cannot exceed 40% in area of the square footage of that building. It must be handicap accessible, kept clean and orderly, and cannot store food or beverages outdoors unless the city has approved a suitable means. The City Council can restrict days, hours, nature, and volume of entertainment, including a prohibition against music, radio, and television, and can restrict hours of operation based on proximity to residential dwelling units. A surrounding fence must suit the use, with a fencing plan submitted alongside the site plan. Exits must conform to fire and building codes, and the Planning Commission or City Council can require notification of property owners if the area is closer than 600 feet from residential properties. Parking and maximum impervious surface requirements of the chapter still apply.

Violations & Fines

Section 155.999(A) makes a violation of any provision of Chapter 155 a misdemeanor, and each day a violation occurs is a separate violation. Section 10.99 sets fine and jail ceilings by reference to the misdemeanor maximums in Minnesota Statutes Chapter 609. Placing tables in a public right-of-way, sidewalk, or boulevard breaches § 155.383(B)(1).

Frequently Asked Questions

Can a restaurant put tables on the public sidewalk in Apple Valley, Minnesota?
No. Section 155.383(B)(1) says no portion of the outdoor dining area can be located or occur within any public right-of-way, including sidewalks and trails, boulevard areas, or streets. Dining has to be on the restaurant's own private property in the City of Apple Valley.
What approval does an outdoor dining area need?
Site plan review. Section 155.383(A) requires the use and proposed site plan to be reviewed by the Planning Commission and City Council, pursuant to § 155.402(B). Petition fees are set by the appendix to Chapter 35, as § 155.404 provides.
How large can an Apple Valley outdoor dining area be?
It must be subordinate to the principal restaurant building and cannot exceed 40% in area of that building's square footage, under § 155.383(B)(7). It also cannot crowd the site: a minimum five-foot wide area of private sidewalk must remain clear for pedestrians.
Can the City Council limit music or hours at the patio?
Yes. Section 155.383(B)(4) lets the City Council restrict days, hours, nature and volume of entertainment, including a prohibition against all music, radio, and television. Subsection (B)(9) lets it restrict hours of operation based on the area's proximity to residential dwelling units.

Sources & Official References

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