Berkley council advances comprehensive zoning rewrite after extended debate over signs and parking

The Berkley City Council on Feb. 24 approved first reading of a comprehensive zoning ordinance intended to replace the city's zoning code and map, adopt contemporary standards and implement the city's master plan.

Council members and staff argued the rewrite modernizes rules that had not been fully updated since 1993 and resolves internal inconsistencies; the Planning Commission had given the draft a unanimous recommendation after edits earlier this year.

The ordinance overhaul covers where uses can be sited, building setbacks, parking standards, performance standards, and a rewritten sign code. Council deliberations centered on two politically sensitive items: limits on temporary yard signs and the amount of required parking for multifamily developments. Council also discussed a new parking-overlay mapping approach intended to make certain small parcels eligible for parking uses subject to a special-land-use process rather than creating forced rezonings.

Community Development Director Kaplansky and consultant Megan Massiminoch of Carlisle/Wortman Associates described the package as a near two-year effort to align the zoning text with the master plan, design guidelines and modern legal standards. Massiminoch said the ordinance also implements redevelopment-ready community recommendations.

Council discussion Council Member Hennen, the motion maker, praised the work and said the draft strikes a balance between encouraging economic activity and protecting Berkley's character. Hennen proposed a substantive change to temporary sign rules: rather than a numeric limit of signs in residential yards, limit the total sign area to 24 square feet and shorten the setback from 5 feet to 3 feet; Hennen said the suggested 24-square-foot cap would let households divide that area across multiple smaller signs.

Several council members and the city attorney cautioned that post-U.S. Supreme Court case law limits how municipalities may treat signs by content. The consultant and city attorney explained the draft treats all short-term freestanding messages as one regulatory category ("temporary signs") to avoid content-based restrictions. Staff also proposed an election-period exception (for example: more permissive rules 60 days before and 14 days after elections) to avoid chilling political speech.

On parking, the draft sets multifamily parking at a compromise figure (1.3 spaces per unit plus a guest ratio). Council members debated whether to raise the requirement to 1.5; Hennen, after conducting parking counts, said the 1.3 figure reflected local use and would assist redevelopment. Council directed staff to keep the ordinance's multifamily standard as proposed but to consult Redevelopment-Ready Communities staff about the change if council wants to alter it before adoption.

Public comment and constitutional concerns At the public comment period and during the zoning discussion, resident Latrell Levinson urged the council not to adopt restrictions that could be unconstitutional or overly broad for political speech, calling numeric caps on yard signs "not narrowly tailored." Council members and staff acknowledged those concerns and discussed drafting an election-period exception for the second reading.

Vote and next steps Council Member Hennen moved approval, seconded by Mayor Pro Tem Gavin. After roll call the first reading was approved (Baker: yes; Black: no; Gavin: yes; Hennen: yes; Patterson: no; Dean: yes). Council asked staff to return for second reading with clarified sign language (including setbacks and a proposed election-period adjustment) and to proceed with the rest of the zoning text. The vote approved first reading only; final adoption will require a second reading and any additional amendments.

Why it matters The zoning rewrite reorganizes decades of incremental changes into a single document and updates development, parking and sign rules intended to guide redevelopment. Council repeatedly referenced the goal of aligning regulations with the master plan so future projects will be predictable for developers, neighbors and city departments.

What's next Staff will draft the sign-specific language requested by council (setback and election-period exception) and return for a second reading and vote. Council also asked staff to continue reconciling parking standards with Redevelopment-Ready Communities guidance and to correct minor textual issues identified by council and staff.

Votes at a glance (related ordinance action) - Ordinance O225 (first reading) ' Comprehensive zoning rewrite ' first reading approved (mover: Council Member Hennen; supporter: Mayor Pro Tem Gavin). Roll-call excerpted names: Baker (yes), Black (no), Gavin (yes), Hennen (yes), Patterson (no), Dean (yes). Outcome: first reading passed; further amendments to be considered at second reading.