The administration of this title is hereby vested in the:

   A.   Office of the zoning administrator, under the supervision of the village administrator;

   B.   Planning and zoning commission; and

   C.   Corporate authorities. (2005 Zoning Code)

   A.   Office Created: There is hereby established the office of zoning administrator, who shall be appointed by the village president with the consent of the board of trustees. The zoning administrator may be removed by the village president without cause with the consent of the board of trustees.

   B.   Duties: The zoning administrator shall represent the village administrator in the administration and enforcement of this title, and will be under the supervision of the village administrator, and in addition thereto and in furtherance of said authority, he shall:

      1.   Determine conformance of applications for zoning certificates with regulations of this title.

      2.   Issue all zoning certificates following approval as required in this title, and maintain records thereof.

      3.   Issue all certificates of occupancy, and maintain records thereof.

      4.   Issue permits for the temporary use of tents as provided by section 12-4-10 of this title.

      5.   Maintain permanent and current records of the administration and enforcement of this title, including, but not limited to, all maps, amendments, variations, appeals, and applications, thereof.

      6.   Conduct inspections of structures and uses of land to determine compliance with the terms of this title as needed and required.

      7.   Maintain permanent and current records of all nonconforming uses by location, type of activity, and the type and the degree of nonconformance, including the date such use is temporarily damaged, or discontinued, and if damaged, the degree of damage rendered to the property.

      8.   Receive, file and forward to the planning and zoning commission for consideration all applications for variations and appeals or for other matters on which the board is required to act under this title.

      9.   Receive, file and forward to the planning and zoning commission all applications for amendments, special uses, or other matters on which the planning and zoning commission is required to act under this title.

      10.   Initiate, direct, and review, from time to time, a study of the provisions of this title, amendment, and make reports of these recommendations to the board of trustees.

      11.   Provide and maintain public information facilities relative to all matters pertaining to this title. (2005 Zoning Code)

   A.   Authority: The zoning administrator shall have authority to review every application filed under this title prior to any such application being considered for approval by the planning and zoning commission or corporate authorities.

   B.   Purpose:

      1.   The zoning administrator's review serves two (2) purposes:

         a.   Provides a procedure for reviewing plans for conformance with this title and a means of evidencing such conformance; and

         b.   Serves as an adjunct to, and thus must be conducted prior to or with, all other applications filed pursuant to this title with respect to a specific use or development proposal.

      2.   The zoning administrator's review serves as a vehicle for routine plan review prior to consideration by other officials, boards, or commissions, thereby avoiding needless reviews of defective plans.

   C.   Relation To Other Applications: No application for a zoning variation, special use permit, amendment, or development concept plan shall be processed unless first reviewed by the zoning administrator. It is the intent of this section that no application for a zoning variation, special use permit, amendment, or development concept plan for a specific use or development proposal shall be processed until the zoning administrator is satisfied that the proposed use or development complies with the provisions of this title in all respects except those within the scope of any such application.

   D.   Application Requirements For Zoning Administrator Review:

      1.   Any application made under this title shall be made on a form provided by the zoning administrator and shall have affixed to it the certificate of an architect or structural engineer licensed by the state of Illinois that the building or structure and the proposed use thereof complies with all provisions of this title respecting performance standards for manufacturing and similar uses.

      2.   Within fifteen (15) days after receipt of an application, the zoning administrator shall examine said application and if he finds the proposed use of land, building, or structure does not comply with applicable performance standards and other applicable regulations of this title, he shall notify the architect or the structural engineer and person filing the application, in writing, of his finding.

      3.   Failure of the professional architect or the structural engineer to show that such application is in compliance, or of the applicant to submit a revised application which shows compliance within thirty (30) days of such notification, shall be cause for denial of an application.

      4.   The zoning administrator shall, upon making a finding that an application is complete and that the proposed use complies with all applicable provisions of this title, approve and authorize the application for further consideration by other officials, boards, or commissions.

In any case where an application is denied, the zoning administrator shall state specific reasons therefor and shall site specific provisions of this title upon which such denial is based. If relief from such demand would be available pursuant to a companion application, the zoning administrator shall so inform the applicant and shall promptly process such companion application.

If relief from the zoning administrator's denial of the application would be available by variation, special use permit, or other provision of this title, but no application for such relief has been filed, the zoning administrator shall so state and shall refer the applicant to the appropriate provisions of this title.

   E.   Plats: Every application filed under this title shall be accompanied by a plat conforming to the standards for a preliminary plat as set forth in the village subdivision ordinance, or as otherwise prescribed by the zoning administrator.

   F.   Effect Of Zoning Administrator's Approval: The zoning administrator's approval of an application shall not authorize the establishment, expansion, or extension of any use, nor the development, construction, relocation, alteration, or moving of a building or structure, but shall merely authorize the preparation, filing, and processing of applications for any additional permits and approvals that may be required by the codes and ordinances of the village. (2005 Zoning Code)

   A.   Authority: The zoning administrator shall have the authority to issue certificates of occupancy; provided, however, that no such certificate shall be issued except in accordance with the provisions of this section and the provisions of the village building code.

   B.   Purposes: For the purposes of this title, the certificate of occupancy provides a procedure for the inspection of the completed premises to ensure compliance with this title and approved plans prior to commencement of the use or occupancy of such premises.

   C.   Certificate Required; Change Of Use:

      1.   Unless a certificate of occupancy shall have first been obtained certifying compliance with the provisions of this title:

         a.   No structure, or addition thereto, constructed, reconstructed, remodeled, altered, or moved after the effective date of this title shall be occupied or used for any purpose.

         b.   No land, vacant as of the effective date of this title, shall be used or occupied for any purpose.

         c.   Except for changes involving only substitution of occupants in existing dwellings units, no use or occupancy of any land or structure shall be changed to any other use or occupancy, whether or not construction, remodeling, alteration, or moving is involved.

      2.   Nothing in this section shall prevent the continuance of the present occupancy or use of any existing building, except as may be necessary to ensure for and to promote the health, safety, and welfare of the village.

   D.   Application For Certificate; Fee:

      1.   Application for a certificate of occupancy shall be made concurrently with any application filed under this title and shall be processed at such time as the applicant notifies the zoning administrator in writing that the subject structure or use is ready for a certificate of occupancy.

      2.   An application for a certificate of occupancy shall be accompanied by as built plans depicting the structure or use built and bearing the certificate of a surveyor, engineer, architect, land planner, or owner-designer, as may be appropriate, certifying that the structure or use conforms in all respects to the approval granted.

      3.   Within ten (10) days following receipt of a completed application, the zoning administrator shall cause the subject structure or use to be inspected and shall take the following actions based upon such inspection:

         a.   If all work has been completed and the structure and use thereof are in full and complete compliance with all applicable provisions of this title, other relevant codes and ordinances of the village, the applicant's plans as approved and any conditions attached to any approval issued pursuant to this title, the zoning administrator shall issue a certificate of occupancy; or

         b.   If, however, all work is not complete or is in any manner not in full compliance with all applicable requirements, the zoning administrator shall deny the application and shall inform the applicant in writing of the specific deficiencies on which such denial is based, citing the particular provisions of the applicable codes and ordinances of the village, the particular items in the applicant's plans or the applicable special approval conditions with respect to which compliance is lacking.

      4.   A fee shall be charged for each original certificate, and for each copy thereof provided by section 12-3-5 of this chapter.

   E.   Contents Of Certificate Of Occupancy: Each certificate of occupancy issued pursuant to this section shall state the specific use of the subject property for which it is issued; shall identify the specific plans submitted with the application for the certificate of occupancy; and shall set forth any conditions imposed in connection with the approval.

   F.   Filing Of Certificates Of Occupancy: Every certificate of occupancy issued pursuant to this section shall be kept on file with the zoning administrator and shall be a public record open to inspection in accordance with the provisions of the Illinois freedom of information act 1 .

   G.   Temporary Permit Pending Certificate Issuance: A temporary permit may be issued to be valid for a period not to exceed six (6) months from its date, during the completion of any building, structure, or land improvement, or during partial occupancy thereof. Application for a temporary permit shall be accompanied by a statement covering the items of work to be completed and the reasons the temporary permit is requested.

   H.   Certificate Of Occupancy For Existing Uses: The zoning administrator may issue a certificate of occupancy certifying the lawful existence and use of any existing structure or use in the same manner, and subject to the same standards and limitations, as authorized by this section with respect to new structures and uses. Such certificates shall be prima facie evidence of the facts contained in it with respect to any structure or use as of the date of its issue and remain effective for that purpose for so long as neither the use or the structure nor the applicable provisions of this title are changed.

   I.   Certificate Of Occupancy For Legal Nonconformities: The zoning administrator may issue a certificate of occupancy certifying the lawful existence and use of any nonconforming use, structure, or lot in the same manner, and subject to the same standards and limitations, as authorized by this section with respect to new structures and uses and subject also to the provisions of this title regarding nonconformities. (2005 Zoning Code)

   A.   Payment Of Fee: Any application filed under this title shall be accompanied by an applicable fee as set forth on a schedule of current zoning application fees on file with the office of the village clerk, the village administrator, and zoning administrator.

   B.   Application Fee As Minimum Fee; Certain Other Expenses: An application fee is the minimum fee established by the corporate authorities from time to time, by resolution duly adopted, to cover the expenses that may be incurred due to staff time to review and process such application, and other expenses such as printing and publication of notices, postage, and other costs. As such, the application fee does not include additional charges, fees, and other costs incurred by the village for its use of any retained consultants or attorneys in the review, processing, and approval of any such application.

   C.   Cost Recovery Ordinance: An applicant under this title shall be responsible to reimburse the village for all administrative and professional costs incurred by the village in the review, processing, and approval of an application, as required in ordinance 99-03, as amended.

   D.   Prohibition On Transfer Of Funds Between Applicant And Village Consultant: At no time shall there be any transfer of funds from any applicant to any village consultant or village staff personnel. All payments to consultants shall be executed only under the conditions specified in this section. (2005 Zoning Code)

   A.   General Enforcement Authority: Upon finding the existence of any violation of this title, the zoning administrator shall have the authority and duty to take or direct all actions necessary or appropriate to punish and abate such violation.

   B.   Civil And Administrative Enforcement:

      1.   Stop And Cease And Desist Orders: Upon finding the existence of any violation of this title, the zoning administrator shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it; specifically, the zoning administrator shall order the discontinuance of any illegal use of land or structures; the removal of illegal structures, additions or alterations; and the discontinuance of illegal structures, additions or alterations; and the discontinuance of illegal work being done.

      2.   Legal Actions: In the enforcement of this title, the zoning administrator shall exercise all the powers authorized by the statutes of the state of Illinois and the codes and ordinances of the village to ensure compliance with, or to prevent or abate any violations of, the provisions of this title, and in particular, shall, where necessary or appropriate, institute or cause to be instituted by the village attorney in the name of the village any and all actions, legal or equitable, including appeals, that may be required for the enforcement of this title.

      3.   Abatement; Liens: Where authorized by state statute, the zoning administrator may order any work necessary to abate any violation of this title and shall assess the cost of such work to the property owner. Upon the failure of the owner to pay such cost, the zoning administrator shall file a lien for such costs, and for all costs of collection, against the property in question.

      4.   Revocation Of Permits: The violation of any provision of this title, or of any permit or approval granted pursuant to it, or of any condition imposed pursuant to it shall be grounds for the revocation of any rezoning, permit, variation or approval granted pursuant to this title and affecting the property involved in the violation. The zoning administrator may recommend and the board of trustees may order such revocation; provided, however, where the original rezoning permit, variation or approval was granted following a public hearing required pursuant to this title, the revocation shall be preceded by a similar hearing.

      5.   Fines: In the enforcement of this title, the zoning administrator shall, where necessary and appropriate, order the issuance and enforcement of citations to recover fines and penalties for the violation of this title as authorized by state law and this title.

   C.   Penalties:

      1.   Any person who shall violate, disobey, omit, neglect or refuse to comply with, or who shall resist enforcement of, any provision of this title shall be subject to a fine of not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day a violation continues to exist shall constitute a separate offense; provided, however, that the zoning administrator shall levy fines according to the following tiered schedule:

 

 

      2.   The zoning administrator may, in his sole and absolute discretion, stop levying fines upon satisfactory evidence that a violator of this title has begun to or is in the process of remedying any such violation. In the event that a violator of this title stops without good cause or otherwise fails to finish any remedial action to cure any violation of this title, the zoning administrator shall be authorized to again levy fines of between three hundred dollars ($300.00) and seven hundred fifty dollars ($750.00) per day for any such violation that remains uncorrected.

   D.   Private Remedies Preserved: Nothing in this section shall be interpreted to prevent any person entitled to relief in law or equity by reason of a violation of the provisions of this title from bringing an appropriate action to secure such relief. (2005 Zoning Code)

A planning and zoning commission for the village is hereby created. (2005 Zoning Code)

   A.   Appointment: The planning and zoning commission shall consist of seven (7) members, one of whom shall be the chairman, and the said seven (7) members shall be appointed by the village president, with the consent of the board of trustees.

   B.   Residency: Members of the planning and zoning commission shall reside within the village or within unincorporated territory contiguous with the village.

   C.   Chairman: The chairman of the planning and zoning commission shall be designated by the village president, with the consent of the board of trustees.

   D.   Removal Of Members: The village president shall have the power to remove any member of said board for cause and after a public hearing.

   E.   Expenditures: In the performance of its duties, the planning and zoning commission may incur such expenditures as shall be authorized by the corporate authorities.

   F.   Compensation: Each member shall be compensated at such rate as may be from time to time determined by the corporate authorities. (2005 Zoning Code)

   A.   Terms: Members appointed by the village president, consented to by the board of trustees, shall serve the following terms: two (2) shall be appointed for a term of one year, two (2) for a term of two (2) years and the remaining three (3) for a term of three (3) years. Members so appointed shall, after the expiration of first term, if they are reappointed, be appointed for a period of three (3) years.

   B.   Vacancies: All vacancies occurring in the planning and zoning commission shall be filled by appointment of the president, subject to consent of the board of trustees, for the remainder of the unexpired term in the same manner as original appointments. (2005 Zoning Code)

   A.   Conduct Of Meetings:

      1.   Meetings of the planning and zoning commission shall be held at the call of the chairman and at such other times as the planning and zoning commission may determine.

      2.   Such chairman or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.

      3.   Quorum requirements:

         a.   In the case of meetings, four (4) members of the Planning and Zoning Commission shall constitute a quorum to conduct business.

         b.   In the case of hearings, in the event there is no quorum of the Planning and Zoning Commission, any two (2) or more members of the Planning and Zoning Commission present for a public hearing, notice for which has been duly given, are hereby designated as a committee of the Planning and Zoning Commission authorized to conduct such public hearing. However, no recommendation or decision regarding any public hearing may be made except at a properly and legally convened meeting of the Planning and Zoning Commission at which a quorum exists.

      4.   All meetings of the planning and zoning commission shall be open to the public.

   B.   Vote Required: The concurring vote of a majority of the members of the Planning and Zoning Commission present and eligible to vote shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator or to decide in favor of the applicant on any matter which is authorized by this title to render a decision or recommendation.

   C.   Rules Of Procedure: The planning and zoning commission shall adopt its own rules of procedure and shall keep a record of its own proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. Findings of fact shall be included in the minutes of each case of a requested variation or appeal, and the reasons for approving or denying, or recommending approval or denial of, such variation or appeal, as the case may be, shall be specified.

   D.   Records: All records of proceedings, findings, determinations and actions of the planning and zoning commission shall be filed with the zoning administrator and shall be a public record. (2005 Zoning Code; amd. Ord. 20-17, 3-17-2020)

   A.   Right To Appeal: Appeals to the planning and zoning commission may be taken by any person aggrieved or by any officer, department, board, commission or bureau of the village affected by a decision of the zoning administrator. Such appeal shall be taken within such time as shall be prescribed by the planning and zoning commission by general rule, by filing with the village administrator a notice of appeal, specifying the grounds thereof. The village administrator shall promptly transmit to the planning and zoning commission all of the papers constituting the record upon which the action appealed from was taken.

   B.   Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed from, unless the village administrator certifies to the planning and zoning commission after the notice of appeal has been filed that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order granted by the planning and zoning commission, or by a court of record, on application or notice to the village administrator on due cause shown.

   C.   Setting Time And Place For Hearing: The planning and zoning commission shall fix a reasonable time and place for the hearing of the appeal, shall give due notice thereof to the parties in interest, and shall render an advisory decision within a reasonable time to the corporate authorities.

   D.   Testimony At Hearing: Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney. (2005 Zoning Code)

The planning and zoning commission shall, in addition to all other powers provided by law, have the following powers:

   A.   Generally:

      1.   To exercise such powers granted by law and as may be conferred by the corporate authorities of the village.

      2.   To exercise such powers necessary to perform the duties that are set out in this title

   B.   Comprehensive Plan:

      1.   To prepare and recommend to the corporate authorities a comprehensive plan of public improvements looking to the present and future development of the village, which plan shall be known as the official comprehensive plan of Berkeley. Such plan shall include reasonable requirements in reference to streets, alleys and public grounds, unsubdivided lands within the corporate limits of the village and within contiguous unincorporated territory outside of and distant not more than one and one-half (11/2) miles from such limits.

      2.   To prepare and recommend to the corporate authorities from time to time such changes in the comprehensive plan as may be deemed necessary by the corporate authorities or by the planning and zoning commission; provided, however, that such changes will not affect the general principles of the plan as adopted.

      3.   To prepare and recommend to the corporate authorities from time to time general plans for specific improvements in accordance with such comprehensive plan.

      4.   To give aid to the officials of the village charged with the direction of projects for improvements embraced within the comprehensive plan, to further making of such improvements and generally promote the realization of the comprehensive plan.

   C.   Duties As Zoning Board Of Appeals: In its capacity as a zoning board of appeal:

      1.   Subject to the provisions set forth in section 12-3A-5 of this article, hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator or other authorized official of the village having jurisdiction under this title.

      2.   To hear and make recommendations to the corporate authorities on applications for variations from the terms provided in this title in this manner and subject to the standards set forth in this section.

   D.   Duties As Plan Commission: In its capacity as a plan commission:

      1.   To receive copies of all applications for proposed amendments to this title or the official zoning map and thereafter to hold public hearings, and submit recommendations thereon to the board of trustees.

      2.   To receive all applications for zoning certificates filed for special uses and planned developments and hold public hearings thereon.

      3.   To initiate, direct, and review, from time to time, a study of the provisions of the text and the map comprising this title, and to make reports of its recommendations to the board of trustees not less frequently than annually.

   E.   Duties As Architectural Review Committee: In its capacity as an architectural review committee, and subject to the provisions of section 12-3A-7 of this article:

      1.   To hold public meetings, and make recommendations to the zoning administrator.

      2.   To consult and cooperate with other village departments, and any other municipal or governmental bodies, on matters affecting the appearance of the village.

      3.   To study exterior design drawings, landscape and site plans, and materials for any proposed public works or public improvements, and to make recommendations to the zoning administrator as to the architectural or aesthetic aspects thereof.

   F.   Advisory Powers: The powers and duties of the planning and zoning commission, as established in this section, shall be strictly advisory to the corporate authorities and shall not have any final determination or decision authority on any matter or application that comes before it. (2005 Zoning Code; amd. Ord. 20-17, 3-17-2020)

Whenever the planning and zoning commission acts in its capacity as an architectural review committee, the following procedures and standards shall apply:

   A.   Meetings, Quorum And Records: Meetings of the architectural review committee shall be held at the call of the chairman, and shall be open to the public. A meeting shall be called whenever an application for a building permit is submitted for the committee's consideration. The committee shall keep minutes of its proceedings and shall keep records of its examinations, and other official action. The committee may adopt its own rules of procedure not inconsistent with this title.

   B.   Procedure:

      1.   The zoning administrator, upon his or her determination that a request for a building permit warrants the attention of the architectural review committee, or upon a similar determination of the corporate authorities, shall refer such request, together with all necessary drawings, including, but not limited to, preliminary exterior drawings, sketches, landscape and site plans and other related materials on a specific project for their review.

      2.   The committee shall meet not later than fifteen (15) days from the date of the zoning administrator's request for meeting, and shall review the proposed building design, at which time the presence of the petitioner or his architect shall be requested to answer questions. The committee shall provide to the petitioner such advice, counsel, suggestions and recommendations on matters pertaining to appearance as they may deem necessary to develop a plan that would comply with standards set forth in this section.

      3.   Upon finding that the preliminary exterior drawings, sketches, landscape and site plans and materials are appropriate to, or compatible with, the character of the immediate neighborhood and are in compliance with the general standards provided in this section, the committee shall submit its recommendations for approval, or revisions, if any, and the underlying reasoning thereof, to the zoning administrator with a letter signed by the chairman of the committee.

      4.   The fact that the architectural review committee is considering compliance of an application with the requirements of this section shall not be cause for the zoning administrator to delay the review of plans relating to the building and zoning aspects of the project, while said application is pending.

      5.   The zoning administrator, upon receiving such recommendation from the committee, shall proceed with the issuance of a building permit if the recommendation is favorable, and provided the proposed building complies with all other provisions of this title, and all other applicable village ordinances.

      6.   If the recommendations of the architectural review committee pertaining to suggested revisions are rejected by the petitioner, or if the committee recommends denial of the request for the building permit, the zoning administrator shall refer this matter to the corporate authorities within seven (7) days from the date of the committee's communication, or from the date the zoning administrator is informed by the petitioner or his representative that they object to the committee's recommendation. The board of trustees shall hear and decide as provided by law. After receiving the evidence from the applicant, the zoning administrator, and any owners or occupants of buildings in the immediate vicinity of the proposed building, the board of trustees shall determine whether the erection of the proposed building will not meet the standards, requirements and purposes of this section, and shall affirm the denial of the permit or shall direct the zoning administrator to issue a building permit.

   C.   Design Standards: All new construction of buildings and all alterations, modifications and improvements to existing buildings shall be architecturally designed in a manner not manifestly inferior, radically different from, nor incompatible with existing buildings in the neighborhood (including buildings under construction). The term "architectural design" shall mean the external style and general arrangement of such portion of a building or structure as is designed to be open to view from a public street, place, or way, including the kind, color and texture of the building material of such portion, and the types of windows, doors, lights, attached or ground signs and other fixtures appurtenant to such portion. The following standards shall be used by the committee in evaluating any matter before it:

      1.   Repetition Of Design:

         a.   No developer shall construct two (2) or more buildings of like exterior design on the same side of the street unless such buildings are separated by two (2) or more buildings or building sites, or combination thereof, of completely dissimilar design.

         b.   All buildings shall be considered to be of like exterior design unless they have substantially different floor plans, or they have similar floor plans, but each building is oriented in a different direction so as not to expose similar elevations in any one direction, or in the opinion of the architectural review committee, their elevations are deemed substantially different in exterior appearance.

      2.   Exterior Materials:

         a.   Freestanding buildings and buildings fronting on more than one street shall have the same material or different but architecturally harmonious materials used on all exterior walls. Nothing herein contained shall be held to require the use of more than one material on any one wall unless such variety of material is used for decorative purpose.

         b.   All single- and multiple-family dwellings shall be faced with pressed face bricks or other masonry material, except cinder block, on all sides. Other materials may be used above the first floor for a specific architectural effect upon approval by the architectural review committee and acceptance by the zoning administrator.

         c.   All office and commercial buildings shall be faced with pressed face brick or glass, except utilization of the other noncombustible material other than common brick or cinder blocks may be used above the first floor for a specific architectural effect upon approval by the architectural review committee and acceptance by the zoning administrator.

         d.   All industrial buildings shall be faced with pressed face bricks on their entire elevations. Other noncombustible material is only permitted for a specific architectural effect and only for decorating purpose, provided no common brick or cinder blocks are used for this purpose, and only upon approval by the architectural review committee and acceptance by the zoning administrator.

      3.   Landscaping Plan And Material: All site plans for buildings constructed in R-3 and R-4 residential districts and B-1, B-2, B-3, B-4, M-1, M-2, and M-3 districts shall be referred to the architectural review committee with respect to the location, design, and type of plant material used in the landscaping of sites as required by this title.

   D.   Power To Establish Separate Committee: The corporate authorities may at any time, and in their sole and absolute discretion, establish a separate architectural review committee to carry out those responsibilities set forth in subsection 12-3A-6E of this article and this section. (2005 Zoning Code)

No member of the planning and zoning commission shall participate in discussions or vote on a request related to any matter belonging to a client he or she is serving, or related to any business of which he or she is owner, corporation officer, employee, or in which he or she has a partial interest. Notwithstanding anything in this section, the members of the planning and zoning commission shall be subject to the requirements of the village ethics ordinance and all associated disclosure requirements. (2005 Zoning Code)