@AZSurprise Council Council Chambers was populated with people interested in the sign ordinance subject of the evening last Thursday night: Freeway Signs, Billboards and EMC’s (Electronic Message Centers).
While comments, questions and conversations primarily centered around size, brightness, placement and quantity of signs, WeMAR made comments regarding other concerning matters, which you can read below.
Next Surprise Sign Ordinance Planning & Zoning Commission meeting is Aug. 3, 6pm. Topic: Temporary Signs.
WeMAR’s Comments to the Surprise Planning & Zoning Commission July 20, 2017
Section 113-09 regarding sign illumination.
Adequate, visible and legible signage, that is our concern. Our concern is for adequate lighting be allowed so that passersby can easily identify the sign and the business or service.
“Environmentally Sensitive Area” is a defined term. In our conversations with staff, there does not appear to be any officially identified Environmentally Sensitive Areas in Surprise. With that being the case, the term then becomes arbitrary and subject to unequal treatment or enforcement. We suggest using a more specific and defined term that better describes the concerns the City has leading to diminution of lighting.
Section 113-09B specifically protects Federally Registered Trademarks. What about Arizona registered trademarks? Or businesses using the legally protected TM or SM marks? The courts have held that usage of these marks does identify ownership of the name or logo. We do not believe the City can cause a legally established mark to be changed simply because the owner has not gone to the considerable time and expense of registering it federally. We would anticipate court challenges by affected businesses.
Section 113-09 prohibits lighted signs between 10pm and 6am that are visible from residential zoned properties. At one time, the City was anticipating a hospital near Prasada. We would ask the city to make sure a multi-story hospital would not be prohibited from a lighted sign at night if it becomes necessary.