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Council hears sign-code rewrite: limits on right-of-way signs, larger commercial allowances
Summary
Planning and zoning staff told the council a sign-code overhaul aims to modernize definitions, reduce unconstitutional content-based rules, expand some commercial allowances and set time limits for temporary signage in public right-of-way (primarily weekends/holidays).
Planning and zoning officials briefed the County Council on Jan. 13 on Bill 98-25, a comprehensive update to the county sign code intended to modernize definitions and align enforcement with recent case law on content-based restrictions.
Lynn Miller, assistant planning and zoning officer, said the rewrite’s primary goals are constitutional safety, clearer definitions, and more flexible allowances for commercial signage. "The primary purpose that we undertook this effort was to ensure that our sign code meets the test of constitutionality based on a body of case law," Miller said.
Key changes staff highlighted include revised sign-area measurement (which will in effect allow more sign area in some cases), defined categories for temporary signs (small vs. large), expanded allowances for where signage may be placed on a property, and a proposal to transfer review of off-site directional signage in the public right of way to the Department of Public Works.
The most-discussed element during council Q&A was temporary signage. Staff said large temporary signs would be allowed for three periods of 60 consecutive days and that non-event-related temporary signs on private property should not remain indefinitely; any individual temporary sign should be removed after 180 days. However, staff noted the county cannot regulate expressive content, so very small temporary signs are harder to limit if residents replace them in kind.
On political signage in the right of way, the proposed approach limits right-of-way signs to weekends and holidays to avoid content-based exceptions. Supervising County Attorney Kelly Kenny explained that privately authorized signs (for example, signs placed on school property with owner permission during elections) would remain allowed when property owners authorize them.
Council members asked for plain-language materials for the public and election candidates to reduce confusion. Staff said they will prepare outreach and fact sheets if the code changes pass.
The council’s work session continued with other bills after the sign-code briefing.
