A SIGN OF THE TIMES

The City of Goodyear is working to promote more uniform treatment of signs.

The City of Goodyear is in a real pinch. I mean a real pinch. And taxpayers may have to help fix the problem.

THE REED DECISION

Over the summer, the Supreme Court of the United States rendered a decision in the Reed v Gilbert case affecting how municipalities can regulate sign codes.

Post-Reed, municipalities are having to ensure that their administrative and enforcement efforts are not regulating signage based on the message conveyed by the sign. ~City of Goodyear Staff Report

The provision involved in the Reed case addresses the constitutionality of the Town of Gilbert's regulation of temporary directional signs within the rights-of-way by the Good News Community Church.  Essentially, Gilbert's sign code violated the 1st Amendment.

The Court found that the Church’s First Amendment right of free speech was abridged by the Town’s sign code. It determined that the sign code treated signs differently based on the subject matter of the sign, and was therefore an example of content-based discrimination. Specific to Reed, the Court found that the Church’s directional signs were treated less favorably when compared to other similar temporary signs, including political signs and ideological signs. As such, the Court found the Town’s sign code to be unconstitutional. ~City of Goodyear Staff Report

JUDGY EYES

"Content neutral." Cities cannot judge signs by what's written on the signs. Signs are now judged by their characteristics, size, and the amount of time they can stand. This new "content neutral" rule is forcing Goodyear to amend several provisions of its own sign code.

The city is looking to:

• Remove regulations limiting or directing what can and cannot be stated on a sign
  
• Remove references to "sign types" such as an 'open house' sign vs. a 'directional sign' or 'political sign'
• Limit exemptions so that signs are treated more uniform

For example, the City can no longer require land developers to place "Coming Soon" signs near new housing areas as that would be 'directing content' of the sign. As Mayor Georgia Lord pointed out, one would assume land developers would have "Coming Soon" signs. But the City is now restricted from directing a developer to do so.

JUST ANOTHER PROBLEM FOR SMALL BUSINESS

75 new businesses have located in our All-America City in just the last year.

Staying in business is the hard part.

During the recession, businesses truly struggled in Goodyear. That's when this issue began to flare.

If you recall, in November 2010, City of Goodyear Council heard from small business members about the restriction of the sign code and its effect on attracting business. David Wilson of David Gerard Salon tastefully wrapped his car with an ad for his business. He'd park the car in the empty lot in front of his business... only to find out that parking his wrapped car near the road was against the City's sign code. At that meeting, the Zoning Ordinance was amended modifying the amount of time temporary signs could be displayed and the "Kiosk" sign program allowed an increase in the number of flags displayed at model home complexes.

"CAN'T FIND ANY OF THEM..."

Fast forward five years, at last night's work session, council reflected on its past actions to limit larger signs within the city and the crisis it's facing now.

While major retail anchors are able to afford monument signage, the smaller businesses cannot.

Driving around town today, I found all kinds of A-frame signs, banners, and bandit signs in retail areas.

One retail area struggling with signage exposure is the Walmart Supercenter on Roosevelt Street just south of I-10.

I don't know how  half of them stay in business cause you can't find any of them in there. ~Joe Pizzillo, Goodyear Councilmember

Signage on Estrella Parkway does not point passing drivers to all the little businesses tucked away to the west of the street.

Months ago, I just happened to find the cutest little cooking school when I made a wrong turn behind the Safeway gas station.

Councilmember Osborne, whom - coincidentally - is relocating her business to the Estrella Falls Regional Mall area, noted a previous council meeting regarding the mall pylons. The conversation was in reference to how unreasonably expensive it is for smaller businesses to add their logo to mall pylons.

“I remember back when the mall was in front of us for their pylons. And they wanted three pylons out there on the freeway. And the discussion was, ‘You can have two.’ And then I said, ‘You know what? Bring up the third and put all those small businesses inside your mall that don’t get that anchor’s point of view out there, then you can have my vote for, you know, the pylon.’" ~Joanne Osborne, Goodyear Councilmember

POLITICIANS NOT IMMUNE

Revised sign codes also will affect temporary political signs, as well. The "quality" of the signs can be regulated. But political signs will have to be treated the same as other temporary signs.

What you have for one you have to have for all. ~Sarah Chilton, Assistant City Attorney

Will those who want to put up signs now need permits? Who gets their permit approved first? What will be the additional cost for a permit?

Yes, this is going to take some time to solve.

CLEANING UP THE CLUTTER

Staff was asked on several occasions if it's issuing fines to those who violate the current sign code. While no one answered that question, the City did say signs are being picked up "every day."

Another unanswered question was, "What do we do now?" The point of the meeting was to get direction from council on what it wanted to allow on private property and in changing signage in the right-of-way. Council continually pointed out conflicts. But, in the end, it was agreed that staff would need to take these questions to the public.

I'm sure you'll be hearing about open houses inviting residents and business owners to weigh in. Staff wants to have a new sign code adopted in March 2016.

Other cities, such as Mesa, have already made changes to their sign codes. Instead of "reinventing the wheel", Councilmember Pizzillo suggested staff take a look at what others are doing before trying to solve this on their own.

Mayor Lord also noted the City should pick up some of the tab to help businesses pay for costs associated with the new sign ordinance. Of course, the City pays for these things using taxpayer dollars.

MY TAKE

Driving around town looking for signs was an eye opening experience. Goodyear's small businesses need more support. The Court's ruling in the Reed case ads one more hurdle for those trying to advertise and draw customers into their stores.

What about signs in Estrella? The monument signs near Safeway don't include all the smaller business logos, either. The small businesses are using sandwich boards which will be under scrutiny, too.

Are those lovely, bright purple water warning signs affected? I'm waiting for an answer from the City. (I really wouldn't cry if they got pulled.) Oddly, council discussed how they mandated signs be the neutral "sandy" color near Goodyear retail centers. So how did we end up with bright purple signs in Estrella?

"Quality" of the signs will be regulated. What determines "quality"?

GOODYEAR SIGN GALLERY