Zoning Text Amendments Presentation

Zoning  Code  Update
(RA Zoning District)
PLANNING COMMISSION
AUGUST 10, 2021

RA Zoning District Review
Project Background
– As part of the process to update the El Mirage Zoning Code, 
the City is preparing specific revisions to the Rural Area (RA) 
Zoning District (commonly referred to as the Dysart 
Ranchettes) to better manage specific conditions that are 
common within this neighborhood. 
Neighborhood Meeting #1 Summary 
– April 27, 2021 from 5:00pm-7:00pm
– Dysart Elementary School
– Approx. 50 attendees
– Open House Format w/ Presentation
Neighborhood Meeting #2 Summary 
– July 14, 2021 from 5:00pm-7:00pm
– Dysart Elementary School
– Approx. 50 attendees
– Open House Format w/ Presentation

RA Zoning District
SUMMARY OF PROPOSED REVISIONS

Dysart CC&R’s
Current Zoning Code
3. Garage and Carports
• No garage or accessory buildings shall be used 
as living quarters. 
§ 154.052  PERMITTED USES BY ZONE.
Table of Permitted Uses prohibits accessory dwelling units. 
§ 154.098 Current regulations for placement of accessory buildings, structures and dwellings in residential applications
Limit of 1 accessory building per lot
Size Regulations:
• Not to exceed principal building height
• 25% of rear yard area max
• For lots 1 ac or larger - 1,200 sf max, anything above requires Conditional Use Permit
Setbacks, side yard, and separation requirements:
• Cannot be placed in front yard
• Permitted in side or rear yard 
• If detached from principal building must be 5’ from property line or fire-rated if closer; if attached to principal building must 
maintain same setback as principal building
• Must maintain 5’ separation from principal building
Accessory Dwelling Units – ADU (i.e. Guest House):
• Only allowed in the MU and UC Zoning Districts (Not allowed in the RA Zoning District
Accessory Buildings, Structures and 
Dwellings Units

Proposed Zoning Code (in the Rural Area (RA) Zone)
General Regulations
• No limit on number of accessory buildings
• Accessory buildings shall not include shower, tub, or cooking facilities a 220V outlet for a range or oven and shall not be used for living, sleeping, or housekeeping purposes, 
except as allowed within an accessory dwelling unit. 
Size Regulations:
• Not to exceed max height of RA Zoning District (i.e. 2 stories/30’ feet)
• Combined area of principal and accessory buildings shall not exceed max lot coverage for RA Zoning District (i.e. 25%)
• Max gross floor area of accessory building shall not exceed 50% 100% of principal building gross floor area footprint, anything above requires a conditional use permit
Setbacks, side yard, and separation requirements
• Cannot be placed in front yard. Allowed in side or rear yard 
• If detached and 7’ in height or less may be 3’ if fire-rated or 5’ if not from side or rear property line. If attached or over 7’ in height shall meet principal building setback          
• Separation from principal building per building code (i.e. 6’ if fire rated / 10’ if not)
Accessory Dwelling Units – ADU (i.e. Guest House)
• Max 1 allowed in RA Zoning District
• Must May be fully detached or attached to principal building by common wall or roof
• May include a kitchenette (i.e. sink, fridge, microwave, but no 220V outlet for range or oven), bathroom, and sleeping area
• Cannot be sold separately, must be on same meter as principal building, and owner must occupy either building. If not owner-occupied, ADUs may not be leased, subleased, or 
rented separate and apart from the principal building. Whether the entire property is rented short-term (less than 30-days) or long-term (30-days or greater), the principal 
building and the ADU must be rented as a whole and may not be rented or offered for rent independently. 
• Same setbacks as zoning district and limit to height of principal building. Max size shall be no more than 50% of principal building footprint.
Accessory Buildings, Structures and 
Dwellings Units

Parking & Storage of Vehicles/RV’s
Dysart CC&R’s
Current Zoning Code
10. Vehicles
• Private passenger automobiles and pickup 
trucks, including pickup campers, may be 
parked overnight on the Property.  
• Trucks larger than pickup class and vehicles 
other than described above shall not be kept 
on any lot or street except in areas designated 
therefor by the Association.  
• No motor vehicle or part thereof which is 
under repair, not in operating condition or 
unregistered shall be placed or permitted to 
remain on the street or streets or any portion 
of any lot or lots for a period of time in excess 
of 90 days unless it is within a closed garage or 
structure.  
§ 154.105.A-E
Number of Spaces Required
Single Family: Minimum 2 off-street spaces required per unit
Accessory Parking 
• Must be licensed and operable passenger vehicle
• No more than 1 truck, 12,000 GVWR or less
• Parking of recreational vehicle (RV) and equipment allowed
• No storage of commercial vehicles / equipment allowed
• No employee parking
• No parking of RV’s in front or corner side setbacks
• In rear setbacks, RV’s shall be parked on a paved surface
• Parking space and driveways shall be paved with materials suitable to control dust 
City Code § 72.09 - 72.11
• Residential parking shall be utilized solely for the parking of licensed and operable passenger automobiles, recreational 
vehicles, or boats owned by the occupants of the residence or the parking of passenger automobiles by guests of the 
occupants. 
• Excess vehicle and visitor parking may be located in no more than 35% of the front yard containing the driveway.
• No person shall stand or park a vehicle with a gross vehicle weight rating in excess of 25,000 pounds, or a tractor, semi-trailer, 
trailer, or bus on any real property within a residential zoning district within the city, except during the process of loading or 
unloading the vehicle, or unless parked or placed in a rear yard or screened area not visible from the public street or roadway.

Parking & Storage of Vehicles/RV’s
Proposed Zoning Code (in the Rural Area (RA) Zone)
General Regulations
• Minimum 2 off-street spaces required per dwelling unit
• All vehicles shall be parked or stored on a designated surface that minimizes dust and has a defined border dust-free surface, parking on landscape areas is prohibited
• All vehicles shall be owned by a resident or occupant of the dwelling, unless otherwise permitted or if not owned by a permanent occupant of the property, shall be currently 
registered or licensed in this state or other state.
• Inoperable vehicles shall not be parked or stored in a front yard. 
• No more than 50% of front yard area shall be used for parking
• Parking of commercial vehicles having a gross vehicle weight rating (GVWR) of fourteen thousand (14,000) pounds or more is limited to two (2) commercial vehicles, outside 
storage of commercial vehicles shall be prohibited
Accessory Vehicles
• Parcels 2ac in size or less shall be limited to a total of 3 accessory vehicles (RV, trailer, boat, etc) parked or stored on the property not within an enclosed building.
• Parcels greater than 2ac in size shall be limited to a total of 5 accessory vehicles (RV, trailer, boat, etc) parked or stored on the property not within an enclosed building.
• Recreational vehicles, utility and/or horse trailers, equipment, or commercial vehicles shall be located in a garage, carport, side yard, rear yard, or behind the front plane of the 
home, such apparatuses shall not be parked or stored between the front plane of the home and the front property line (i.e. right-of-way)
• When parked or stored on the street side of a corner lot, recreational vehicles, utility and/or horse trailers, or equipment shall be screened from the street,  screening methods 
may include an approved masonry wall, slatted fence, or vegetation maintained to no less than six (6) feet in height
• Recreational vehicles, trailers, and equipment greater than twelve (12) feet in height, such as a typical ‘Class A’ RV, parked or stored on a property for more than 14 calendar 
days shall adhere to all accessory principal building setbacks.
• Guests of the primary residence property owner may use their recreational vehicle or travel trailer as a dwelling for no longer than 21 total calendar days per year with a 
temporary use permit. Use of a generator and renting of the vehicle is prohibited

Dysart CC&R’s
Current Zoning Code
11.
Commercial Use
• All lots and structures thereon shall be used 
for private residence, and/or agricultural and 
livestock oriented purposes only.  No buildings 
or structure of any nature adapted primarily 
for business purposes other than agricultural 
and livestock oriented business shall be 
erected or maintained on any residential lot. 
No business other than agricultural and 
livestock oriented business shall be conducted 
on any lot. 
§ 154.108 Home Occupation (Universal city-wide application, no specific RA Zoning District regulations)
• Shall use no more than 25% of gross area of one floor of principal building, use of accessory buildings is prohibited
• Must be conducted indoors
• Shall only be conducted by residents of principal building
• Cannot create change in fire rating or increase in utility usage above typical residential use
• Shall only allow one vehicle / customer at a time
• Outdoor storage is prohibited
• Prohibited uses: auto repair, minor or major; barber shop; carpentry work; dance instruction; dental office; medical office; 
painting of vehicles, trailers, or boats; photo developing; photo studios; private schools with organized classes; radio repair;
television repair; upholstering.
Home Occupations

Additional regulations for specific Home Occupations in the RA Zoning
Specific regulations for Off-site Businesses
• 2ac. or less allowed 3 off-site employee vehicles to park on the subject property, over 2 ac. allowed 
up to 5 off-site employee vehicles to park on subject property . All on-site and off-site employee 
vehicles shall be parked on the subject property
• May arrive after 6am and must depart by 7pm
• Work trailers and equipment may be stored parked on the subject property, but shall be screened 
from public view 
Specific regulations for Outdoor Businesses (i.e. Horseback Riding/Canine Training)
• No more than three five client vehicles at one time
• No more than 2 training sessions per week
• No special events or shows that include spectators
• Certain limitations on arena lighting  Arena and stadium lighting shall be prohibited in any front 
yard
• Canine training shall conclude by 7pm
Specific regulations for Automotive Uses 
• Minor repairs such as maintenance and removal and replacement of standard parts shall be 
permitted provided:
• All work and storage shall occur indoors 
• No more than one (1) vehicle to be serviced shall be located on the property at any given time
Specific regulations for Creative Endeavors
• All noise generating activities and storage shall occur indoors
• On-site mass-produced commercial scale manufacturing and sales shall be prohibited 
Home Occupations
Proposed Zoning Code (in the Rural Area (RA) Zone)
• Shall only be conducted by resident of home and may allow 1 on-site 
employee, except for those uses identified below.
• Shall use no more than 25% of gross area of one floor of principal 
building or may use accessory buildings
• Must be conducted indoors, except as allowed under “Additional 
Regulations for Specific Home Occupations” 
• Cannot create change in fire rating or increase in utility usage above 
typical residential use
• Outdoor storage is prohibited, except as allowed under “Additional 
Regulations for Specific Home Occupations” 
• Shall not require more than two semi-truck and trailer deliveries per 
week 
• Shall serve one client / per hour at a time, except as allowed below 
The use may increase vehicular traffic flow and parking by no more 
than one additional vehicle at a time, except for those uses identified 
under “Additional Regulations for Specific Home Occupations” 
• Hours of business operation shall be limited to 7:00am to 6:00pm M-
F, or obtain a conditional use permit, except as allowed below
• In-person retail sales shall be by appointment only

Dysart CC&R’s
Current Zoning Code
6.
Animal Restrictions
• All lots shall have horse privileges and limited privileges for other livestock and are 
subject to these restrictions.  
• All lots with livestock privileges shall in all ways comply with the current county and 
city regulations regarding the maintaining of livestock on said lots.  
• As county regulations change, these changes shall become applicable to said lots.  
• No swine may be maintained on said lots.  
• No kennel or animal hospital may be maintained on said lots.  
• No animal shall be maintained within eighty (80) feet of any residence, other than 
that of the residence on that lot owning the animal.  
• No livestock shall be kept on any lot without first having adequate facilities for their 
care built and permanent fencing to contain said livestock erected.  
• All fences shall be constructed of permanent type materials approved by Developer 
or Association.  
• No electric fences shall be maintained without consent in writing of Developer or 
Association. 
•
• No livestock “Feeding Lot” may be maintained on any lot. 
Permitted Uses: 
§ 91.05 (City Code)
(A)   No person shall keep within the corporate limits of the city any animal in such a 
manner as to disturb the peace, health, safety, or welfare of any person residing in the city.
(B)   No person shall keep within the corporate limits of the city any animal if the animal 
shall cause, create, contribute to, or become a health nuisance or health hazard. The 
presence of flies, mosquitoes, insects, vermin, rodent harborage, odors, dust, ponded 
water, accumulation of manure, garbage, refuse, or other obnoxious or putrescible 
material shall constitute prima facie evidence of a health nuisance.
(C)   The keeping of all animals within the city shall be subject additionally to the 
regulations of the State of Arizona and the Maricopa County Board of Health.
(D)   The premises upon which animals, livestock, and poultry are kept shall always be 
sanitary and subject to inspection and regulation by the city’s enforcement agent or his or 
her designee.
(1)   All pens, yards, runs, or other structures wherein any animal is kept shall be of such 
construction and/or erection so as to be easily cleaned and maintained and shall be kept in 
good repair.
(2)   Fences which are intended to be used as an enclosure for any animal shall be 
securely constructed and shall not be allowed to deteriorate or become unsightly.
Livestock

Proposed Zoning Code (in the Rural Area (RA) Zone)
Large Livestock restrictions are as follows:
• No more than two large livestock, shall be permitted for the first acre with one additional large livestock allowed for every additional quarter acre (10,890 SF)
• Cattle – No more than one cow, bull, or steer per acre; Off-site slaughter only; import of cattle for grazing / feeding, or care shall be prohibited
• Swine – Swine shall be prohibited The keeping of livestock shall be permitted as an accessory use, except all swine shall be prohibited.
• All areas (i.e. corrals or pens) used for grazing, exercising, or training shall be set back a minimum of three feet (3’) from the rear and side property lines securely fenced to 
prevent livestock from straying, or suitable restraint shall be provided to prevent straying.
• All structures, stables, or barns for the keeping of livestock shall be located behind the front plane of the principal building. Stables shall be set back a minimum of five feet (5’) 
from the rear and side property lines, except no livestock shall be kept or maintained within fifty feet (50’) of any adjacent residence. Where allowed to be located within the 
principal building setbacks, stable height shall not exceed fifteen feet (15’). Above fifteen feet (15’) shall meet principal building setbacks. Max height shall not exceed 30 feet.
• On-site slaughter shall be limited to livestock kept on property. Slaughter shall not occur in view from any public area, or any adjacent property owned by another. Slaughter 
must be for personal consumption and shall be conducted in a humane manner in accordance with A.R.S. § 3-2016.
• All livestock pens, corrals, stables, and pastures shall be clean and well maintained, animal wastes shall be stored at least fifty feet (50’) from any property line and removed in a 
manner that does not become a nuisance or violate the health and sanitation provisions of the City Code and Maricopa County’s Environmental Health Code.
Small Livestock restrictions are as follows:
• No more than ten (10) small livestock collectively are allowed per acre 
• No more than two (2) pot-bellied pigs (not to exceed 100 pounds) are allowed on an individual lot and shall be counted in the total allotment for small livestock
• Poultry – Up to 20 chickens per acre are allowed on an individual lot and shall not be counted in the total allotment for small livestock, roosters and peafowl shall be prohibited
• All areas used for grazing, exercising, or training of said animals shall be set back a minimum of three feet (3’) from the rear and side property lines
• Coops, hives, aviaries and other shelters used for the keeping of said animals shall be located behind the front plane of the principal building. Said shelters shall be set back a 
minimum of three feet (3’) from the rear property and three feet (3’) from the side property lines, except no shelter shall be kept or maintained within fifty (50) feet of any 
adjacent residence
Definition: LIVESTOCK. Cattle, horses, sheep, goats, fowl and other similar domestic animals, excluding dogs and cats.
Permitted Uses: Agriculture, General (accessory uses: livestock and stables) 
Livestock

Dysart CC&R’s
Current Zoning Code
4.
Temporary Structures
• No temporary residence, dwelling, or garage shall be placed or erected on any lot.  
• No residence shall be occupied in any manner while in the course of construction or 
prior to its being fully completed without the written approval of the Developer or his 
successor. 
§ 154.090  LOCATION, PLACEMENT AND USE OF CARGO CONTAINERS.
Permitted in non-residential applications only
Cargo Containers

Proposed Zoning Code (in the Rural Area (RA) Zone)
• Cargo containers that exceed 120 square feet in gross floor area shall be considered an accessory building and require a building permit prior to placement.
• A maximum of two cargo containers, with a total maximum length of 80 feet, are permitted per residential lot, placement of larger or additional cargo containers shall require a 
Conditional Use Permit 
• Containers must be placed in the rear yard of the principal building and not on the street side of a corner lot
• Stacking of cargo containers shall be prohibited.
• Containers must adhere to the regulations of the principal building with regard to zoning standards  (e.g., height, setback requirements, building coverage).
• The container shall be painted to match the principal building or other neutral color.
• The container shall be anchored to the ground and placed on a dust-free surface.
Cargo Containers

Next Steps
SCHEDULE

Schedule (Tentative)
RA Zoning District Update
August 10 – Planning & Zoning Commission Hearing
August 17 – City Council Hearing