Request to amend Article 7 (Sign Regulations) of the city of Goodyear Zoning Ordinance to modify the standards applicable to drive-through restaurant menu boards within the city’s commercial zoning districts.

There is no direct budget impact associated with the approval of this Zoning Ordinance text amendment.

The city of Goodyear Zoning Ordinance regulates the development of all land within the city. Regulations set forth in the Zoning Ordinance may be amended when deemed necessary to best serve the public interest, health, comfort, convenience, safety, and general welfare of the citizens of the city. The current Zoning Ordinance was originally adopted by the City Council in May 1999 and has been the subject of a number of amendments since that time.

Article 7 (Sign Regulations) of the Zoning Ordinance regulates all signage within the city of Goodyear. Two recent amendments to Article 7 include:

• A comprehensive amendment in response to the 2015 Reed v Gilbert Supreme Court case was approved on June 26, 2017;
• An amendment to allow electronic message displays on monument signs within commercial and industrial zoning districts was approved on October 26, 2020.

The Planning and Zoning Commission considered this item at a public hearing held on December 1, 2021. The Commission unanimously voted (4-0) to forward a recommendation of approval to the City Council.

Current Policy:

Article 1, Section 1-3-1, of the Zoning Ordinance establishes the process for the review and approval of amendments to the Zoning Ordinance. Amendments must be reviewed by the Planning and Zoning Commission and approved by the City Council through the public hearing process.

Details of the Request:

The proposed amendment will modify the size, capabilities and design standards applicable to menu boards, which are typically used with drive-through restaurants to convey product offerings and pricing along with ordering capabilities. Specifically, the amendment will address the following:

• Copy area will increase from 25 square feet to 50 square feet;
• Allow the use of one electronic message display up to 24 square feet on the menu board;
• Standards added to ensure any electronic message display does not adversely affect surrounding properties or persons.

Evaluation Criteria:

Section 1-3-1 (Amendments) of the Zoning Ordinance provides evaluation criteria for text amendments. The criteria and accompanying staff analysis (italics) are provided below:

A. Documentation indicating inconsistencies in terms of the Ordinance or problems and/or conflicts in implementation of specific sections of the Ordinance that will be resolved by the amendment;

There are no inconsistencies, problems or conflicts with the Ordinance intended to be solved by this amendment. The modifications are being made to address changes in how drive-through restaurants operate and interact with customers.

B. Whether amendment is needed to respond to changes in the law, statutory or case law;

This amendment is not in response to any changes in law, statutory or case law.

C. Whether amendment is needed to address zoning and/or development issues or to improve processes for addressing such issues;

The city has seen an increase in the size of menu boards requested for drive-through restaurants. There have also been requests to add electronic message displays to menu boards. As such, staff reviewed the sign ordinances for several other cities within the Valley. Research indicated the city to be at the lower end of the allowable size range but generally consistent with the other cities regarding the allowance of electronic message displays (see attached). With most of the comparison cities allowing larger signage, between 36-50 square feet, it was determined that allowing a larger menu board would be consistent with these other cities. Regarding the electronic message displays, while only two of the comparison cities appeared to permit such displays, given City Council support of electronic message displays within commercial and industrial areas, it was determined their use could be appropriate if proper design standards were adopted. Therefore, the proposed text amendment includes the same provisions applicable to other electronic message displays within the city along with additional screening standards.

D. Whether amendment will to promote implementation of goals and objections of the City’s General Plan;

The amendment will allow drive-through businesses additional means to reach and serve customers while not creating any adverse impacts to surrounding property owners. As such, the amendment will help promote the General Plan’s goals related to fostering economic development and compatibility of uses.

E. Any other factors related to the impact of the amendment on the general health, safety or welfare of the citizens of the City and the general public.

The amendment should not have any adverse impacts on the general health, safety or welfare of citizens or the general public. Rather, the amendment is intended to promote additional economic benefits for businesses and the city, improve the public’s interactions with these businesses, and foster compatibility between neighboring uses.

Public Participation:

Notice for the public hearings before the Planning and Zoning Commission and City Council included a legal notice published in the Arizona Republic on November 12, 2021. Information on this amendment was provided to the development community through correspondence from the city’s Economic Development Department via an E-blast. The notice and information related to the amendment were also posted to the current development applications section of the city’s website. To date, staff has not received any public inquiries as a result of this notice.

At the December 1, 2021, public hearing before the Planning and Zoning Commission, staff provided an overview of the amendment. Commissioners then began discussion of the item. Commissioner Kish asked if this was spurred by a need from businesses, and staff indicated yes. Commissioner Barnes asked if a business with multiple drive-through lanes could have more than one sign. Staff stated that yes, a maximum of two signs would be permitted per drive-through lane. Commissioner Barnes stated concerns with the light produced by the signs and stated he was glad that the number of signs would be limited. Staff also stated that the lighting and speakers would need to be directed away from residential uses. Upon close of the public hearing, the Commission unanimously voted (4 - 0) to forward a recommendation of approval to the City Council. There was no opposition to the project presented at the hearing.