reglab/housing_qa huggingface dataset:
SD Codified L § 11-2-17.3 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-17.3 - Conditional use of real property--Ordinance--Content--Approval or disapproval.

11-2-17.3. Conditional use of real property--Ordinance--Content--Approval or disapproval.A county zoning ordinance adopted under this chapter that authorizes a conditional use of real property shall specify the approving authority, each category of conditional use requiring approval, the zoning districts in which a conditional use is available, the criteria for evaluating each conditional use, and any procedures for certifying approval of certain conditional uses. The approving authority shall consider the stated criteria, the objectives of the comprehensive plan, and the purpose of the zoning ordinance and the relevant zoning districts when making a decision to approve or disapprove a conditional use request. Approval of a conditional use request requires the affirmative majority vote of the members of the approving authority. Source: SL 2004, ch 103, §3; SL 2015, ch 72, §2; SL 2020, ch 41, § 2.
SD Codified L § 11-2-17.4 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-17.4 - Conditional use defined.

11-2-17.4. Conditional use defined.A conditional use is any use that, owing to certain special characteristics attendant to its operation, may be permitted in a zoning district subject to the evaluation and approval by the approving authority specified in §11-2-17.3. A conditional use is subject to requirements that are different from the requirements imposed for any use permitted by right in the zoning district. Source: SL 2004, ch 103, §4.
SD Codified L § 11-2-17.5 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-17.5 - Special permitted uses.

11-2-17.5. Special permitted uses.A zoning ordinance adopted under this chapter may also establish a process for certification of certain uses upon meeting specified criteria for that use. A use certified as a special permitted use under the zoning ordinance shall be approved if the applicant demonstrates that all specified criteria are met. Source: SL 2015, ch 72, §1; SL 2020, ch 41, § 3.
SD Codified L § 11-2-17.6 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-17.6 - Special permitted uses--Exceptions.

  11-2-17.6  .  Special permitted uses--Exceptions.   Any land use that meets the specified criteria for certification under any county zoning ordinance shall be considered a special permitted use. A special permitted use applicant is not subject to the requirements set forth in §  11-2-17.4  . A special permitted use is not subject to any public hearing or other requirements for review and approval of conditional uses. Upon adoption of certification provisions, the land use is a permitted use subject to the criteria and enforcement in the same manner as a permitted use.     Source:  SL 2020, ch 41, § 4.
SD Codified L § 11-2-17.7 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-17.7 - Conditional use application--Impact on neighboring land.

  11-2-17.7  .  Conditional use application--Impact on neighboring land.   Any alteration, construction, use of earthmoving equipment, or other change pursuant to a zoning permit or allowed land use on neighboring land that began after the date on which an application for a conditional use is received, and that causes the application to fail to meet one or more of the criteria or requirements for conditional use under the zoning ordinance, does not cause the request for a conditional use permit to be considered nonconforming until a final disposition of the conditional use request is determined pursuant to §  11-2-61   or   11-2-65  . If the conditional use permit is granted, the conditional use shall be considered a lawful use, lot, or occupancy of land or premises and may be continued even though the use, lot, or occupation does not conform to the provisions of the ordinance. If the conditional use is not pursued by the applicant for a period of more than one year, any subsequent use, lot, or occupancy of the land or premises shall conform with the zoning ordinance.     Source:  SL 2020, ch 41, § 5.
SD Codified L § 11-2-18 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-18 - Planning commission hearings--Notice--Recommendations.

11-2-18. Planning commission hearings--Notice--Recommendations.The planning commission shall hold at least one public hearing on the respective comprehensive plan, zoning ordinance, or subdivision ordinance. Notice of the time and place of the hearings shall be given once at least ten days in advance by publication in a legal newspaper of the county. Following the public hearing, the planning commission shall submit its recommendation to the board. Source: SL 1967, ch 20, §3; SL 2000, ch 69, §10.
SD Codified L § 11-2-19 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-19 - Publication of notice of hearing.

11-2-19. Publication of notice of hearing.After receiving the recommendation of the planning commission the board shall hold at least one public hearing on the respective comprehensive plan, zoning ordinance, or subdivision ordinance. Notice of the time and place of the hearings shall be given once at least ten days in advance by publication in a legal newspaper of the county. Source: SL 1941, ch 216, §5; SDC Supp 1960, §12.20A05; SL 1961, ch 37, §1; SL 1967, ch 20, §4; SL 1972, ch 72, §1; SL 1977, ch 104, §2; SL 1983, ch 105, §1; SL 1999, ch 65, §4; SL 2000, ch 69, §11.
SD Codified L § 11-2-20 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-20 - Action upon comprehensive plan by resolution or ordinance--Majority vote of board required.

11-2-20. Action upon comprehensive plan by resolution or ordinance--Majority vote of board required.Based on the results of the hearing or hearings, the action upon the comprehensive plan shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the board.Based on the results of the hearing or hearings, the action upon the zoning regulations and the subdivision regulations shall be by ordinance carried by the affirmative votes of not less than a majority of all the members of the board. Source: SL 1967, ch 20, §4; SL 1970, ch 84, §1; SL 1975, ch 113, §8; SL 1977, ch 104, §3; SL 2000, ch 69, §12.
SD Codified L § 11-2-20.1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-20.1 - Coordinating comprehensive plan with federal resource management plans.

11-2-20.1. Coordinating comprehensive plan with federal resource management plans.The board of county commissioners of a county which has officially adopted a comprehensive plan pursuant to §11-2-20 may participate in efforts to coordinate the comprehensive plan with federal regional forest or other resource management plans as provided in the Federal Land Policy and Management Act of 1976 and federal regulations adopted pursuant to that act, including Title 36, Part 219 of the Code of Federal Regulations and Title 43, Subparts 1601 and 1610 of the Code of Federal Regulations. Source: SL 1994, ch 106.
SD Codified L § 11-2-21 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-21 - Filing of board action adopting comprehensive plan--Publication of notice of fact of adoption--Public inspection.

11-2-21. Filing of board action adopting comprehensive plan--Publication of notice of fact of adoption--Public inspection.The action of the board on the plan shall be filed with the county auditor. A notice of fact of the adoption shall be published once in a legal newspaper of the county and take effect on the twentieth day after its publication unless the referendum is invoked. Any notice of fact of adoption published under the provisions of this chapter shall contain a notification that the public may inspect the entire comprehensive plan at the office of the county auditor during regular business hours.If such a zoning or subdivision ordinance is adopted, the ordinance is subject to the provisions of §7-18A-5 as a comprehensive regulation unless the referendum is invoked. Source: SL 1970, ch 84, §2; SL 1975, ch 113, §9; SL 1977, ch 104, §4; SL 1983, ch 105, §2; SL 1999, ch 65, §5; SL 2000, ch 69, §13.
SD Codified L § 11-2-22 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-22 - Referendum on comprehensive plan, zoning ordinance, or subdivision ordinance--Land uses suspended until referendum completed.

11-2-22. Referendum on comprehensive plan, zoning ordinance, or subdivision ordinance--Land uses suspended until referendum completed.The comprehensive plan, zoning ordinance, and subdivision ordinance may be referred to a vote of the qualified voters of the county pursuant to §§7-18A-15 to 7-18A-24, inclusive. The effective date of the comprehensive plan, zoning ordinance, or subdivision ordinance on which a referendum is to be held shall be suspended by the filing of a referendum petition until the referendum process is completed. However, if a comprehensive plan, zoning ordinance, or subdivision ordinance is referred to a referendum vote, no land uses that are inconsistent with the plan or ordinance may be established between the time of adoption of the resolution or ordinance by the board, as provided in §11-2-20, and the time of the referendum vote. Source: SL 1970, ch 84, §3; SL 1972, ch 73, §1; SL 1975, ch 113, §10; SL 1981, ch 116; SL 1982, ch 122; SL 1987, ch 115, §1; SL 2000, ch 69, §14.
SD Codified L § 11-2-22.1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-22.1 - Revision of plan, zoning ordinance, or subdivision ordinance after rejection by voters.

11-2-22.1. Revision of plan, zoning ordinance, or subdivision ordinance after rejection by voters.If the voters reject the proposed comprehensive plan, zoning ordinance, or subdivision ordinance, the board may cause the planning commission to revise the plan or regulations and adopt the same as revised, and file and publish the same as required by §11-2-21. Source: SL 1967, ch 20, §4; SDCL 1967, §11-2-22; repealed by omission from SL 1970, ch 84, §3; re-enacted SL 1972, ch 73, §2; SL 1975, ch 113, §11; SL 2000, ch 69, §15.
SD Codified L § 11-2-24 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-24 - Construction to be approved by planning commission when covered by comprehensive plan--County commissioners overruling commission's disapproval.

11-2-24. Construction to be approved by planning commission when covered by comprehensive plan--County commissioners overruling commission's disapproval.If a board has adopted the comprehensive plan or any part thereof, no street, road, park, or other public way, ground, place, space, public building or structure, public utility, whether publicly or privately owned, if covered by the comprehensive plan or any adopted part thereof, may be constructed or authorized in the county or within its subdivision jurisdiction, until the location and extent thereof has been submitted to and approved by the planning commission. In case of disapproval, the commission shall communicate its reasons to the board. By majority vote of the board members elect, a board may overrule the disapproval. Source: SL 1967, ch 20, §5; SL 1975, ch 113, §13; SL 1979, ch 92; SL 2000, ch 69, §17.
SD Codified L § 11-2-24.1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-24.1 - Approval by failure of planning commission to act in time--Exception if longer period granted.

11-2-24.1. Approval by failure of planning commission to act in time--Exception if longer period granted.The failure of the planning commission to act within sixty-five days from and after the date of official submission to it under the provisions of §11-2-24, shall be deemed approval, unless a longer period be granted by the board or other submitting official. Source: SL 1975, ch 113, §14.
SD Codified L § 11-2-25 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-25 - Enforcement provided by county commissioners.

11-2-25. Enforcement provided by county commissioners.The board shall provide for the enforcement of the provisions of this chapter and of ordinances, resolutions, and regulations made thereunder, and may impose enforcement duties on any officer, department, agency, or employee of the county. Source: SL 1941, ch 216, §9; SDC Supp 1960, §12.20A09; SL 1967, ch 20, §13.
SD Codified L § 11-2-26 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-26 - Continuance of nonconforming uses permitted--Discontinuance.

11-2-26. Continuance of nonconforming uses permitted--Discontinuance.Any lawful use, lot, or occupancy of land or premises existing at the time of the adoption of the zoning ordinance may be continued, even though the use, lot, or occupation does not conform to the provisions of the ordinance. However, if the nonconforming use, lot, or occupancy is discontinued for a period of more than one year, any subsequent use, lot, or occupancy of the land or premises shall conform with the zoning ordinance. Source: SL 1941, ch 216, §8; SDC Supp 1960, §12.20A08; SL 1967, ch 20, §12; SL 2000, ch 69, §36.
SD Codified L § 11-2-27 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-27 - Regulations for control and elimination of nonconforming uses--Continuation of existing uses--Gradual elimination of discontinued nonconforming uses.

11-2-27. Regulations for control and elimination of nonconforming uses--Continuation of existing uses--Gradual elimination of discontinued nonconforming uses.The board may by resolution as provided in §11-2-25 prescribe such regulations not contrary to law or §11-2-26, as it deems desirable or necessary to regulate and control, or reduce the number or extent of or bring about the gradual elimination of nonconforming uses, lots, or occupancies. However, in accordance with the provisions of §11-2-26, any lawful use, lot, or occupancy of land or premises existing at the time of the adoption of the zoning ordinance may be continued, even though the use, lot, or occupancy does not conform to the provisions of the zoning ordinance. If the use, lot, or occupancy is discontinued for more than one year, the board may adopt, after notice by registered or certified mail to the property owners, an amortization schedule to bring about the gradual elimination of the nonconforming use, lot, or occupancy. Source: SL 1967, ch 20, §12; SL 1975, ch 113, §16; SL 2000, ch 69, §37.
SD Codified L § 11-2-28 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-28 - Changes in comprehensive county plan--Initiation by board or petition of landowners.

11-2-28. Changes in comprehensive county plan--Initiation by board or petition of landowners.The plan, ordinances, restrictions, and boundaries adopted pursuant to this chapter may be amended, supplemented, changed, modified, or repealed by action of the board. Any such modification or repeal shall be proposed in a resolution or ordinance, as appropriate, presented to the board for adoption in the same manner and upon the same notice as required for the adoption of the original resolution or ordinance. The amendment, supplement, change, modification, or repeal may be requested through a petition by twenty percent of the landowners in the zoning district or districts requesting change. For purposes of this section, the term, landowner, means any person who owns land in the county as evidenced by records in the offices of the register of deeds and clerk of courts. If land is sold under a contract for deed that is of record in the office of the register of deeds in the county, both the landowner and the individual purchaser of the land, as named in the contract, are treated as landowners. Any charitable, benevolent, or religious society that owns any agricultural land in the county is not a landowner for purposes of this section if the agricultural land is exempt from taxation pursuant to §10-4-10, but any such society is a landowner for purposes of this section for any of its real property in the county that is not exempt from taxation pursuant to §10-4-10. Source: SL 1941, ch 216, §6; SDC Supp 1960, §12.20A06; SL 1961, ch 37, §2; SL 1967, ch 20, §6; SL 1975, ch 113, §17; SL 2000, ch 69, §38; SL 2008, ch 60, §1; SL 2009, ch 61, §1.
SD Codified L § 11-2-28.1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-28.1 - Petition by individual landowner for change in zoning--Notice to abutting and adjoining landowners--Notice to county auditor of adjacent county.

11-2-28.1. Petition by individual landowner for change in zoning--Notice to abutting and adjoining landowners--Notice to county auditor of adjacent county.An individual landowner may petition the board to change the zoning of all or any part of the landowner's property. The petitioning landowner shall notify abutting and adjoining landowners by registered or certified mail of the petitioned zoning change at least ten days before the public hearing is held on the matter by the planning commission. The landowner shall use information provided by the county director of equalization to determine the abutting and adjoining land owners. Property is considered as abutting and adjoining even though it may be separated from the property of the petitioner by a public road or highway. If the affected property abuts, adjoins, or is within one mile of a county border, the county auditor on behalf of the individual landowner shall also notify, by registered or certified mail, the county auditor in the adjoining county of the petitioned zoning change at least ten days before the public hearing is held on the matter by the planning commission. Source: SDCL §11-2-28 as added by SL 1975, ch 113, §17; SL 1999, ch 65, §6; SL 2000, ch 69, §39; SL 2006, ch 62, §1; SL 2011, ch 67, §1.
SD Codified L § 11-2-28.2 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-28.2 - Public hearing on petition by landowners--Consideration and recommendation by county planning commission.

11-2-28.2. Public hearing on petition by landowners--Consideration and recommendation by county planning commission.Following receipt of any petition as provided in §11-2-28 or 11-2-28.1, the board shall hold a public hearing, subject to the requirements of §11-2-19, and take action upon the petitioned request. Within forty-five days of receipt by the board of any such petition, the county planning commission shall consider the requested action and make a recommendation thereon to the board. Source: SDCL, §11-2-28 as added by SL 1975, ch 113, §17.
SD Codified L § 11-2-28.3 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-28.3 - Sign to notify public about petition and hearing on zoning change or conditional use permit.

11-2-28.3. Sign to notify public about petition and hearing on zoning change or conditional use permit.If a landowner petitions a board for a change in the zoning applied to the landowner's land or petitions a board for a conditional use permit and a local ordinance requires the landowner to post a sign to notify the public about the petition and the hearing on the petition, the sign must be at least twenty-four inches wide and eighteen inches tall with bold lettering to inform the public about the petition and hearing. This section does not preempt any requirement provided in any state law or municipal or county ordinance. Source: SL 2015, ch 71, §1.
SD Codified L § 11-2-29 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-29 - Hearing on proposed change--Notice.

11-2-29. Hearing on proposed change--Notice.The planning commission shall hold at least one public hearing on any proposed change or modification to the plan or ordinances. Notice of the time and place of the hearing shall be given once at least ten days in advance by publication in a legal newspaper of the county. At the public hearing, any person may appear and request or protest the requested change. Source: SDC Supp 1960, §12.20A06 as added by SL 1961, ch 37, §2; SL 1967, ch 20, §6; SL 1999, ch 65, §7; SL 2000, ch 69, §40; SL 2006, ch 62, §2; SL 2011, ch 68, §1.
SD Codified L § 11-2-30 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-30 - Adoption or rejection by board--Publication--Referendum provisions applicable.

11-2-30. Adoption or rejection by board--Publication--Referendum provisions applicable.After the hearing, the board shall by resolution or ordinance, as appropriate, either adopt or reject the amendment, supplement, change, modification, or repeal, with or without changes. Consideration of any changes to the proposed amendment, supplement, change, modification, or repeal may only be done if the time and place of the hearing is published at least ten days in advance in a legal newspaper of the county. If adopted, the board shall publish a notice of the fact of adoption once in a legal newspaper of the county and take effect on the twentieth day after publication. The provisions of §11-2-22 are applicable to this section. Source: SDC Supp 1960, §12.20A06 as added by SL 1961, ch 37, §2; SL 1967, ch 20, §6; SL 1975, ch 113, §18; SL 1999, ch 65, §8; SL 2000, ch 69, §41; SL 2016, ch 71, §1.
SD Codified L § 11-2-31 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-31 - Preparation by county commission of municipal plans and ordinances--Adoption by municipality.

11-2-31. Preparation by county commission of municipal plans and ordinances--Adoption by municipality.The governing body of any municipality may request a county planning commission to submit to the municipal governing body a comprehensive plan for the municipality setting forth such provisions as the county planning commission deems applicable to the municipality for its best interests, or to prepare zoning or subdivision ordinances to apply to the area within the municipality. Notwithstanding the adoption of the comprehensive plan and recommendations for the municipality, the plan and recommendations are not binding until zoning or subdivision ordinances are adopted by the municipality in accordance with the plan. Source: SL 1967, ch 20, §9; SL 1975, ch 113, §19; SL 2000, ch 69, §42.