§ 20-71. Legislative findings.

As an incident to the adoption of this article, the city council, as the governing body of the city, makes the following findings:

(1)

The South Carolina General Assembly has enacted the "Vested Rights Act", which is codified as S.C. Code Ann. § 6-29-1520 et seq., as amended, (the "Act").

(2)

The Act requires local governments to enact land development ordinances and regulations implementing the provisions of the Vested Rights Act on or before July 1, 2005. The Act authorizes local governments to establish a procedure for the vesting of rights in certain development plans, and provides that local governments that do not pass land development ordinances and/or ordinances implementing a procedure for the establishment of vested rights will be subject to the requirements of S.C. Code § 6-29-1560 of the Act, under which a landowner has a vested right to proceed in accordance with an approved site specific development plan upon the terms and conditions and subject to the requirements and limitations of S.C. Code Ann. § 6-29-1560(A), which section substitutes statutory conditions for vesting, thereby reducing local control and flexibility.

(3)

Council finds that the Code of Laws of the City of Myrtle Beach, chapter 20, Subdivision Regulations should be amended by enacting article V to conform to the requirements of the Vested Rights Act; facilitate the administration of zoning and land use codes, ordinances and regulations; provide a fair and equitable process and procedure for the administration of county codes, ordinances and regulations; and promote the public health, safety, order, appearance, prosperity and general welfare.

(Ord. No. 2005-39, § 7.1, 6-28-05)