The City of Hernando shall have the authority to amend, supplement, change, modify, or repeal by ordinance the text or map of the Zoning Ordinance in accordance with the provisions of this Article.

a.

Procedure: A proposed change of a district or of text may be initiated by the Planning Commission, Mayor and Board Aldermen, or by application of one or more owners of property within the area proposed to be changed.

i.

The City of Hernando may propose amendments by forwarding its written proposal, which shall set forth the purpose and reason for such proposed amendment, to the Planning Commission for processing in accordance with the procedure set forth in this Article.

ii.

The Planning Commission may make written proposals for amendments which shall set forth the purpose and reason for such proposed amendment, and which shall be processed in accordance with the procedure set forth in this Article.

iii.

The owner or other person having a contractual interest in the property to be affected by a proposed amendment shall file an application with the Planning Commission, which application shall be accompanied by a non-refundable fee established from time to time by the City of Hernando.

iv.

An applicant for amendment of the Zoning District Map shall have the responsibility to demonstrate the appropriateness of the change shall include the following:

(1)

How the proposed amendment would conform to the General Development Plan;

(2)

Why the existing zone district classification of the property in question is inappropriate or improper;

(3)

That major economic, physical, or social changes, if any, have occurred in the vicinity of the property in question that were not anticipated by the General Development Plan and have substantially altered the basic character of the area, which make the proposed amendment to the Zoning District Map appropriate;

(a)

List such changes.

(b)

Describe how said changes were not anticipated by the General Development Plan.

(c)

Describe how said changes altered the basic character of the.

(d)

Describe how said changes make the proposed amendment to the Zoning District Map appropriate.

v.

Any proposed amendments, supplements, change, modification, or repeal shall be first submitted to the Planning Commission for its recommendations and report and the Planning Commission shall hold a public hearing thereon.

vi.

The Planning Commission shall make its recommendation on such request for any amendment, supplement, change, or modification, or repeal to the City of Hernando, and the City of Hernando shall proceed to hold a public hearing in relation thereto after giving 15 days' notice of the hearings in an official newspaper specifying the time and place for said hearing.

vii.

The City of Hernando may refer the application back to the Planning Commission for additional study before final decision; however, no notice other than for the first public hearing need be given.

In case of an adverse report by the Commission such amendment shall not become effective except by the favorable vote of ⅔ of the members of the Board of Aldermen. In case of a protest against such change signed by the owners of twenty percent (20 percent) or more, either of the area of the lots included in such proposed change, or of those immediately adjacent to the rear thereof, extending one hundred sixty (160) feet therefrom or of those directly opposite thereto, extending one hundred sixty (160) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fifths (⅗) of the members of the Board of Aldermen who are not required by law or ethical considerations to recuse themselves. (July 1, 2004 change in State Statute).