Bothell planning commission reviews content-neutral sign code updates

The Bothell Planning Commission held a study session March 5 on proposed changes to the city's sign code intended to ensure the code is content neutral and consistent with recent U.S. Supreme Court rulings, planner Megan Rigney told the commission.

Rigney said the work now under way is a phase 1 "legal update" intended to remove content-based distinctions in Bothell Municipal Code Chapter 12.22 and to eliminate the code's on-premise versus off-premise distinctions. "This is a phase 1 legal update of the sign code," Rigney said.

The changes are aimed at complying with Reed v. Town of Gilbert and related decisions, Rigney said. Under the draft language, sections that identified signs by message or purpose'for example, separate rules for real estate and campaign signs'have been deleted or combined to avoid regulating content. "We can regulate based on sign area, location, duration," Rigney said. "We are removing distinctions that required looking at the content of the sign." She said a second, broader modernization effort will follow in a later phase.

Commissioners asked how the changes would affect political signs. "According to the changes, political and campaign signs will not be allowed off someone's property or property they own. Is that correct?" Commissioner Robson asked. Rigney replied: "People can have signs that are politically related, but we can't regulate them based on content. We can set timing or size limitations on all signs." She added the intent is to provide a single, content-neutral set of standards for sign area, location and duration that applies to real estate, political and commercial signs alike.

Staff outlined the planned schedule and related materials. The draft text begins on page 9 of the meeting packet and the draft findings, conclusions and recommendations are on page 42. Rigney said staff submitted the public notice to the State Department of Commerce on Feb. 28, 2025; a public hearing is scheduled for April 15, 2025, and the council ordinance is tentatively scheduled for May 6, 2025. "Phase 2 will begin in quarter 3 or 4 of this year," Rigney said, and staff plan outreach during election season as appropriate.

Commissioners also asked about enforcement and practical issues such as mowing-related damage to signs. Rigney reported staff had consulted Public Works and code compliance: signs that create a safety hazard or obstruct maintenance are removed and crews will notify the owner if they are known. "Public works said that they remove a sign when necessary to ensure that they're able to do the proper maintenance work," Rigney said. She added that routine compliance will rely largely on education, outreach and complaint-based enforcement.

No formal action was required or taken on the sign code update at the March 5 meeting. The commission did, however, approve the minutes from its Feb. 19 meeting unanimously during the opening business. The meeting adjourned at 6:21 p.m.; the commission's next regular meeting is March 19.

Staff noted one remaining administrative step: insertion of the SEPA notice date into the draft findings once that date has been posted, and addition of the March 5 meeting to the history section of the findings document so the record reflects tonight's discussion.