Whenever the public necessity, convenience, general welfare or good zoning practice require, the village board may, by ordinance, change the district boundaries or amend, change, or supplement the regulations established by this chapter or amendments thereto.

(Code 1980, § 17.1101)

A change or amendment may be initiated by the village board or plan commission or by a petition of one or more of the owners of property within the area proposed to be changed.

(Code 1980, § 17.1102)

Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the clerk-treasurer and shall include a legal description of the premises to be rezoned, the text of the regulations to be amended, a list of the reasons justifying the petition, a description of the proposed use, and the following attached information:

(1)

A plot plan drawn to a scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 200 feet of the area proposed to be rezoned.

(2)

Owner's name and addresses of all properties lying within 600 feet of the boundaries of the area proposed to be rezoned.

(3)

Additional information required by the plan commission or village board. Petitions for such change or amendment shall be submitted to the plan commission for review, public hearing, and recommendation prior to action by the village board.

(Code 1980, § 17.1103)

The plan commission shall review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified, or denied. The recommendation shall be made at a meeting subsequent to the meeting at which the petition is first submitted and shall be made in writing to the village board.

(Code 1980, § 17.1104)

The plan commission shall hold a public hearing upon each petition, and shall give notice as specified in section 70-10, Municipal Code of the Village of Roberts.

(Code 1980, § 17.1105)

(a)

Following such hearing and after careful consideration of the plan commission's recommendations, the village board shall vote on the passage of the proposed change or amendment.

(b)

Action by the village board to rezone a parcel of land for residential, commercial, industrial or institutional purposes is to be construed as zoning for a period not to exceed 18 months from the effective date of the rezoning unless approved physical construction or development has been substantially commenced on the parcel during the intervening 18-month period, in which case the zoning will be continued. If no approved physical construction or development is commenced by the end of the 18-month period, the owner will be requested to attend a specified meeting of the plan commission to give good reason why the zoning should not be reverted to the most restrictive zoning for a parcel of the size involved, or the zoning extended. If, after due notice, the owner has not come forward or responded to the request, or after such response the plan commission finds that there is not sufficient reason to extend the zoning period, the plan commission and village board will take formal action to hold a public hearing for the purpose of reverting the zoning to the previous zoning of the land or to the most restrictive zoning compatible with the parcel size, the surrounding uses and the existing use of the parcel at that time, after which hearing the plan commission and village board may take action to make such reversion.

(Code 1980, § 17.1106)

The village board shall not permit changes to the floodland district boundaries that are inconsistent with the purpose and intent of this chapter or in conflict with the applicable rules and regulations of the county, the state department of natural resources (DNR), and the Federal Emergency Management Agency (FEMA). In addition:

(1)

Changes in the F-1 Floodland District boundaries shall not be permitted where the change will increase the flood stage elevation in excess of 0.1 foot. Flood stage increases exceeding 0.1 foot in height shall not be permitted unless the petitioner has made appropriate legal arrangements with all affected units of government and all property owners affected by the stage increase. Petitions for floodland district changes shall show the effects of the change utilizing the equal degree of encroachment principle, and shall provide adjusted water surface profiles and adjusted floodland limits to reflect the increased flood elevations. It shall be the policy of the village that any area removed from the floodland district shall be contiguous to lands lying outside the floodlands, and where floodlands are removed, an equivalent area and volume of floodland shall be added in the vicinity of the removal.

(2)

Removal of land from the F-1 Floodland District shall not be permitted unless the land has been filled to an elevation at least two feet above the elevation of the 100-year recurrence interval flood.

(3)

Amendment of unnumbered A zones as shown on official floodplain maps shall not be permitted unless the petitioner provides the village with engineering data showing the flood profile, necessary river cross-sections, flood elevations, and any effect the mapping change will have on flood stages. The effects shall be limited as set forth in subsection (1) of this section to no more than a 0.1 foot increase in flood stage unless appropriate legal arrangements have been made. If the unnumbered "A" zone is less than five acres in area and where the cost of the proposed development is less than $75,000.00, the state department of natural resources (DNR) will assist the petitioner in determining the required flood elevations.

(4)

No river or stream shall be altered or relocated until a floodland zoning change has been applied for and granted in accordance with the requirements of this section, and until all adjacent communities have been requested to review and comment on the proposed alteration or relocation.

(5)

Notice to DNR, FEMA and county. A copy of all notices for amendments or rezoning in the floodland district shall be transmitted to the state department of natural resources (DNR), the Federal Emergency Management Agency (FEMA), and the county. No amendments to the floodland district boundaries or regulations shall be effective until approved by the DNR, FEMA, and the county park and planning commission. In the case of floodland district boundary changes, an official letter of map amendment from FEMA shall also be required.

(Code 1980, § 17.1107)

Upon the negative recommendation of the plan commission on a proposed ordinance change or amendment or, in the event of a protest against such district change or amendment to the regulations of this chapter, duly signed and acknowledged either by the owners of 20 percent or more either of the areas of the land included in such proposed change or by the owners of 20 percent or more of the land immediately adjacent and extending 100 feet from the street frontage of such opposite land, such a change or amendment shall not become effective except by the favorable vote of three-fourths of the full village board.

(Code 1980, § 17.1108)