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Apple Valley City Zoning Code

ONE-FAMILY RESIDENTIAL

DISTRICTS

§ 155.050 PURPOSE.

   These districts are for the purposes of permitting detached single-family residential dwellings. The districts are intended for those areas which are designated “single-family” in the comprehensive guide plan, with the specific district relating to the natural features and characteristics of the site and the surrounding property.
(‘81 Code, § A1-30) (Ord. 291, passed 4-21-83; Am. Ord. 465, passed 10-26-89)

§ 155.051 PERMITTED USES.

   Within any R-1, R-2 and R-3 district, no structure or land shall be used, except for one or more of the following uses or uses deemed similar by the City Council:
   (A)   One-family detached dwellings meeting the standards of the Uniform Building Code, placed on permanent foundations and having no horizontal axis less than 18 feet in length;
   (B)   Home occupation, as defined in § 155.003;
   (C)   Public utility buildings and structures; or
   (D)   Community-based family-care home, day care home licensed under M.S. § 245.812, or a home for the care of the mentally or physically handicapped licensed by the state.
(‘81 Code, § A1-30) (Ord. 291, passed 4-21-83; Am. Ord. 465, passed 10-26-89)

§ 155.052 CONDITIONAL USES.

   (A)   Within any R-1, R-2 and R-3 district, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by a conditional use permit:
      (1)   Off-street parking, for passenger vehicles only, when the proposed site of the off-street parking abuts on a lot which is in another zoning district. For screening requirements see § 155.348;
      (2)   Cemeteries; and
      (3)   Community-based family-care home or day-care home not licensed by the state under M.S. § 245.812, when:
         (a)   Facility meets all existing health, fire, building and housing codes; and
         (b)   Separation of one-quarter mile exists between the facilities. The City Council may grant exception to the one-quarter mile rule when either strong community support exists, program effectiveness is closely tied to particular cultural resources in the community or an effective natural or manmade barrier exists between facilities.
      (4)   Accessory unit dwelling (AUD) subject to the regulations thereof in the R-1 district only.
      (5)   Wireless communication towers and small wireless facilities as regulated elsewhere in this chapter.
   (B)   The conditional use permit shall be reviewed at one-year intervals.
(‘81 Code, § A1-30) (Ord. 291, passed 4-21-83; Am. Ord. 465, passed 10-26-89; Am. Ord. 729, passed 6-26-03; Am. Ord. 760, passed 10-14-04; Am. Ord. 1039, passed 2-8-18)

§ 155.053 PERMITTED ACCESSORY USES.

   Within any R-1, R-2 and R-3 district, no accessory structures or use of land shall be permitted, except for one or more of the following uses or uses deemed similar by the City Council:
   (A)   Private parking space and permanent garage structure, one attached and one detached. The area of an attached garage shall not exceed the combined area of any living space located on the first floor of the primary residence. Detached garages shall not exceed 750 square feet and shall not exceed 16 feet in height. Temporary vehicle storage structures shall not be permitted;
   (B)   One accessory structure in addition to any garage(s), except that it shall not exceed 144 square feet in area if a detached garage exists on the same lot. If there is no detached garage on the property, there may be not more than two accessory structures of which one shall not exceed 750 square feet and the other shall not exceed 144 square feet. In the event a detached garage is constructed, any accessory structures existing on the same lot shall be removed or modified such that only one accessory structure remains which must be 144 square feet or less in area. Landscape features, such as statuary and the like; easily movable seasonal temporary structures not intended to remain erected for 12 months, such as party tents and the like; and backyard play equipment, such as swing sets, trampolines, slides, and the like, shall not count towards the number of permitted accessory structures as provided in this division. For purposes of calculating the square feet area of the accessory structure for this clause, the total roof area of an accessory building or structure shall be used if the roof edge projects beyond a wall or support post of the structure more than 24 inches in any direction;
   (C)   Private swimming pool, tennis court and play apparatus for the use of the occupants of the premises;
   (D)   Signs, as regulated in Chapter 154;
   (E)   Buildings, trailers, unscreened trash dumpsters, or portable storage units temporarily located on the subject lot only for the purposes of construction on the premises for a period of time not to exceed time necessary for such construction, or for the sale of new homes in a new housing development. Trash dumpsters shall be removed from the subject lot when full;
   (F)   Gardening and other horticultural uses where no sale of products is conducted on the premises;
   (G)   Decorative landscape features;
   (H)   The keeping of household pets and service animals, as defined and regulated elsewhere in this code, by the occupants of the premises for non-commercial purposes. Any animal which is not a household pet or service animal as defined elsewhere in this code is not permitted, except horses may be kept in R-1 Districts provided that any accessory building used for housing horses shall be located no less than 100 feet from the nearest residence;
   (I)   Repair and maintenance of motor vehicles owned by the occupant; see screening requirements, §155.348; and
   (J)   Garage sales limited to three consecutive days and not to exceed three per calendar year, per residence.
(‘81 Code, § A1-30) (Ord. 291, passed 4-21-83; Am. Ord. 465, passed 10-26-89; Am. Ord. 760, passed 10-14-04; Am. Ord. 962, passed 2-27-14; Am. Ord. 1057, passed 3-28-19)