reglab/housing_qa huggingface dataset:
SD Codified L § 11-2-32 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-32 - Municipal planning and zoning powers unimpaired--Area of joint zoning authority.

11-2-32. Municipal planning and zoning powers unimpaired--Area of joint zoning authority.Nothing in this chapter may be construed to prevent or modify the powers of an incorporated municipality, with a duly authorized planning commission, from exercising planning and zoning jurisdiction within the corporate limits and from exercising jointly with the county planning commission the planning and zoning authority within a joint jurisdictional area beyond the municipal corporate limits, as provided in chapters 11-4 and 11-6. Source: SL 1967, ch 20, §9; SL 2003, ch 77, §1.
SD Codified L § 11-2-34 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-34 - Injunction proceedings to prevent or abate violations.

11-2-34. Injunction proceedings to prevent or abate violations.In the event of a violation or a threatened violation of the regulations or restrictions of an ordinance adopted pursuant to this chapter, the board of county commissioners or any member thereof, in addition to other remedies, may institute an appropriate action or proceedings to seek an injunction in a court of competent jurisdiction to prevent, restrain, correct or abate such violation or threatened violation and it is the duty of the state's attorney to institute such action. Source: SL 1967, ch 20, §13.
SD Codified L § 11-2-35 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-35 - Mandamus proceedings instituted by taxpayer.

11-2-35. Mandamus proceedings instituted by taxpayer.Any taxpayer of the county may institute mandamus proceedings in circuit court to compel specific performance by the proper official or officials of any duty required by this chapter and by any ordinance adopted thereunder. Source: SL 1967, ch 20, §13.
SD Codified L § 11-2-37 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-37 - Special zoning area--Establishment or enlargement--Prohibition where comprehensive plans or zoning ordinances adopted.

11-2-37. Special zoning area--Establishment or enlargement--Prohibition where comprehensive plans or zoning ordinances adopted.If an area within a county and not within a municipality becomes so situated that a zoning ordinance or any other purpose or procedure set forth in this chapter is advisable, persons within the area may apply to the board to establish or enlarge the area as a special zoning area or the board may on its own initiative establish or enlarge the area as a special zoning area, pursuant to this chapter. No special zoning area may be formed in a county in which a county wide comprehensive plan and zoning ordinances have been adopted. The formation of a special zoning area is only valid in a county that has not adopted a county wide comprehensive plan and zoning ordinances. The board may establish or enlarge a special zoning area on its own initiative if the special zoning area comprises an area of at least five square miles. Source: SL 1977, ch 104, §7; SL 2000, ch 69, §44; SL 2006, ch 63, §1; SL 2011, ch 69, §1.
SD Codified L § 11-2-37.1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-37.1 - Proposed special zoning area defined.

11-2-37.1. Proposed special zoning area defined.For the purposes of §§11-2-37 to 11-2-38, inclusive, the term, proposed special zoning area, means the area proposed for the establishment of the district or the area to be added to an existing special zoning area if it is a proposed enlargement. Source: SL 2011, ch 69, §12.
SD Codified L § 11-2-38 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-38 - Survey and map of territory to be zoned--Affidavit.

11-2-38. Survey and map of territory to be zoned--Affidavit.Persons making application for the establishment or enlargement of a special zoning area, or the board if it is proposing the establishment of a special zoning area, shall first obtain an accurate survey and map of the territory intended to be embraced within the limits of the special zoning area, showing the boundaries and area of the proposed special zoning area. The accuracy of the survey and map shall be verified by the affidavit of the surveyor. Source: SL 1977, ch 104, §8; SL 2000, ch 69, §45; SL 2006, ch 63, §2; SL 2011, ch 69, §2.
SD Codified L § 11-2-40 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-40 - Public examination of survey and map.

11-2-40. Public examination of survey and map.The survey and map when completed and verified shall be left at some convenient public place, to be designated by the county auditor, within the proposed special zoning area for a period of not less than twenty days for examination by the public. Source: SL 1977, ch 104, §10; SL 2006, ch 63, §4; SL 2011, ch 69, §4.
SD Codified L § 11-2-41 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-41 - Verified petition--Signatures required--Filing--Proposal by board resolution--Notice--Hearing.

11-2-41. Verified petition--Signatures required--Filing--Proposal by board resolution--Notice--Hearing.The application for establishment or enlargement of a special zoning area shall be a petition verified by one or more applicants, by affidavit stating that the affiant personally witnessed the signatures on the petition and believe the signatures to be genuine, and shall be subscribed by not less than one-third of the whole number of qualified voters residing within the proposed special zoning area. The petition shall be filed with the county auditor and presented to the board for consideration at its next meeting. If the board chooses to propose the establishment or enlargement of a special zoning area on its own initiative, the board may by resolution propose the establishment or enlargement of the special zoning area at any regular meeting of the board. After the board has adopted a resolution proposing the establishment or enlargement of a special zoning area, the board shall publish notice and hold a public hearing on the question as provided in §§11-2-43 and 11-2-47. Source: SL 1977, ch 104, §11; SL 2000, ch 69, §46; SL 2006, ch 63, §5; SL 2011, ch 69, §5.
SD Codified L § 11-2-42 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-42 - Order declaring territory a special zoning area with voters' assent--Notice of election.

11-2-42. Order declaring territory a special zoning area with voters' assent--Notice of election.If a petition has been presented to the board as provided in §11-2-41 and if the board is satisfied that the requirements of this chapter have been fully complied with, it shall make an order declaring that the territory shall, with the assent of the qualified voters thereof, be a special zoning area or number specified in the application. The board shall include in the order a notice for an election of the qualified voters resident in the proposed special zoning area, at a convenient place or places therein, on some day within one month from the notice, to determine whether the territory shall become a special zoning area. Source: SL 1977, ch 104, §12; SL 2000, ch 69, §47; SL 2006, ch 63, §6; SL 2011, ch 69, §6.
SD Codified L § 11-2-43 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-43 - Notice by publication and by posting.

11-2-43. Notice by publication and by posting.The board shall give ten days' notice of the election by publication and by posting a copy of the notice at three of the most public places in the proposed special zoning area. In the case of a special zoning area that is proposed by the board, the board shall post such notice at least ten days before the meeting at which it will act on the establishment or enlargement of the special zoning area. In addition, if the board is proposing the establishment or enlargement of a special zoning area, the board shall publish notice in the official newspapers of the county at least ten days before the meeting at which it intends to act on the special zoning area. For a special zoning area proposed by the board, the published notice shall include a statement that the board will hold a public hearing on the proposed special zoning area; the location of the proposed special zoning area; the date, time, and location of the meeting at which the hearing will be held; and a statement that the board will take final action on the proposed special zoning area after the hearing is completed. The publication may be waived if a copy of the notice is mailed to every qualified voter within the proposed special zoning area, by first class mail or bulk mail, at least ten days before the election. Source: SL 1977, ch 104, §13; SL 2000, ch 69, §48; SL 2006, ch 63, §7; SL 2011, ch 69, §7.
SD Codified L § 11-2-44 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-44 - Voting hours.

11-2-44.Voting hours.At all elections held under this chapter, the polls shall be kept open from 7:00 a.m. until 7:00 p. m. Source: SL 1977, ch 104, §14; SL 2006, ch 28, §7.
SD Codified L § 11-2-45 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-45 - Judges of election appointed--Election costs and supplies.

11-2-45. Judges of election appointed--Election costs and supplies.The board shall appoint three judges, who shall elect one of their members as superintendent and who shall conduct the election. The board shall provide the costs and supplies of the election. Source: SL 1977, ch 104, §15; SL 2000, ch 69, §49.
SD Codified L § 11-2-46 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-46 - Form of ballot--Majority vote required.

11-2-46. Form of ballot--Majority vote required.The vote upon the question of establishing or enlarging a special zoning area shall be by ballot which conforms to a ballot for a statewide question except that the statement required to be printed on the ballot shall be prepared by the state's attorney. If a majority of those voting vote in favor of the establishment or enlargement, the territory is from that time a special zoning area by the name and style specified in the order of the board. Source: SL 1977, ch 104, §16; SL 2000, ch 69, §50; SL 2006, ch 29, §2; SL 2011, ch 69, §8.
SD Codified L § 11-2-47 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-47 - Verified statement of number of ballots and votes--Hearing on board proposal--Order incorporating special zoning area.

11-2-47. Verified statement of number of ballots and votes--Hearing on board proposal--Order incorporating special zoning area.After the vote is cast and canvassed, the judges shall make a verified statement showing the whole number of ballots cast, together with the number voting for and the number voting against establishment or enlargement, and shall return the statement to the board at its next session. If satisfied with the legality of the election, the board shall make an order declaring that the special zoning area has been incorporated by the name or number adopted. The order is conclusive of the fact of establishment or enlargement.In the case of a special zoning area that is proposed by the board, the board shall hold a public hearing at a meeting of the board on the proposed special zoning area. The meeting shall be held as specified in the notice published pursuant to §11-2-43. After the public hearing, the board shall determine whether the special zoning area is to be established or enlarged. If the board decides to establish or enlarge the special zoning area, the board shall issue an order incorporating the special zoning area. Source: SL 1977, ch 104, §17; SL 2000, ch 69, §51; SL 2006, ch 63, §8; SL 2011, ch 69, §9.
SD Codified L § 11-2-47.1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-47.1 - Referendum on incorporation of special zoning area.

11-2-47.1. Referendum on incorporation of special zoning area.The board's decision to incorporate the special zoning area may be referred to a vote of the qualified voters of the proposed special zoning area pursuant to §§7-18A-17 to 7-18A-24, inclusive. The qualified voters of the proposed special zoning area may refer the decision within twenty days after its publication by filing a petition signed by five percent of the registered voters in the special zoning area, based upon the total number of registered voters at the last preceding general election. The filing of a valid petition requires the submission of the decision to incorporate the special zoning area to a vote of the qualified voters of the proposed special zoning area for its rejection or approval. The effective date of the incorporation of the special zoning area on which a referendum is to be held shall be suspended by the filing of a referendum petition until the referendum process is completed. Source: SL 2006, ch 63, §9; SL 2011, ch 69, §10.
SD Codified L § 11-2-47.2 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-47.2 - Special zoning area commission or planning and zoning commission to have jurisdiction.

11-2-47.2. Special zoning area commission or planning and zoning commission to have jurisdiction.If a special zoning area is established or enlarged pursuant to this chapter, the board of county commissioners may appoint a commission of five or more members to be known as the special zoning area commission or the board may designate the planning and zoning commission to have jurisdiction over the special zoning area. The total membership of the special zoning area commission shall always be an uneven number and at least one member shall be a member of the board of county commissioners. The special zoning area commission members appointed by the board shall reside within the special zoning area. The special zoning area commission may exercise any of the powers granted to county planning and zoning commission under this chapter. Source: SL 2011, ch 69, §13.
SD Codified L § 11-2-47.3 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-47.3 - Special zoning area commission member appointment--Terms--Removal.

11-2-47.3. Special zoning area commission member appointment--Terms--Removal.The term of each of the appointed members of the special zoning area commission shall be for three to five years as the board of county commissioners may provide. However, when the special zoning area commission is first appointed, the lengths of the terms shall be varied so that no more than one-third of the terms expire in the same year. Any appointed member of the special zoning area commission may be removed for cause, after hearing prior to the expiration of the term by a majority vote of the elected members of the board of county commissioners. Administrative officials of the county may be appointed as ex officio members of the special zoning area commission. Source: SL 2011, ch 69, §14.
SD Codified L § 11-2-48 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-48 - County funds authorized for payment of costs.

11-2-48. County funds authorized for payment of costs.The board may expend funds of the county, in the manner and to the extent permitted by law for other county expenditures, in the payment of necessary costs of preparation of petitions, surveys, maps, and applications submitted under the provisions of this chapter, and of the holding of elections on the establishment or enlargement of special zoning areas under the provisions of this chapter. Source: SL 1977, ch 104, §18; SL 2000, ch 69, §52; SL 2011, ch 69, §11.
SD Codified L § 11-2-49 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-49 - Appointment of board of adjustment or commission as board of adjustment--Rules--Variances to terms of ordinance.

11-2-49. Appointment of board of adjustment or commission as board of adjustment--Rules--Variances to terms of ordinance.Except as otherwise provided by §11-2-60, the board shall provide for the appointment of a board of adjustment, or for the planning and zoning commission to act as a board of adjustment, and in the regulations and restrictions adopted pursuant to the authority of this chapter, shall provide that the board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances to the terms of the ordinance. Source: SL 2000, ch 69, §19; SL 2003, ch 78, §1; SL 2004, ch 101, §1.
SD Codified L § 11-2-50 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-50 - Board of adjustment--Composition--Vacancies--Alternates.

11-2-50. Board of adjustment--Composition--Vacancies--Alternates.A board of adjustment, other than the planning and zoning commission acting as a board of adjustment, consists of five members, each to be appointed for a term of three years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filed for the unexpired term of any member whose term becomes vacant. The appointing authority may also appoint a first alternate and a second alternate for a term of three years each. If a member is unable to attend a meeting, the first alternate, or second alternate, in turn, shall serve in the member's place. Source: SL 2000, ch 69, §20.
SD Codified L § 11-2-51 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-51 - Meetings of board of adjustment--Powers of chair--Meetings public.

11-2-51. Meetings of board of adjustment--Powers of chair--Meetings public.Meetings of the board of adjustment are held at the call of the chair and at such other times as the board of adjustment determines. The chair or, in the chair's absence, the acting chair may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment are open to the public. Source: SL 2000, ch 69, §21.
SD Codified L § 11-2-52 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-52 - Minutes of board meetings--Filing--Destruction of records.

11-2-52. Minutes of board meetings--Filing--Destruction of records.The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board of adjustment and are public records. However, the board of adjustment may destroy any record that the records destruction board, acting pursuant to §1-27-19, declares to have no further administrative, legal, fiscal, research, or historic value. Source: SL 2000, ch 69, §22.
SD Codified L § 11-2-53 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-53 - Board of adjustment--Powers.

11-2-53. Board of adjustment--Powers.The board of adjustment may:(1)Hear and decide appeals if it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant to this chapter; (2)Authorize upon appeal in specific cases a variance from the terms of the ordinance that is not contrary to the public interest, if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance is observed and substantial justice done; and(3)Hear and determine conditional uses as authorized by the zoning ordinance. The uses shall be determined by an affirmative majority vote of the present and voting members of the board of adjustment. Source: SL 2000, ch 69, §23; SL 2003, ch 78, §2; SL 2004, ch 101, §2; SL 2015, ch 72, §3; SL 2020, ch 41, § 6.
SD Codified L § 11-2-54 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-54 - Board of adjustment--Rules.

11-2-54. Board of adjustment--Rules.The board of adjustment shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this chapter. Source: SL 2000, ch 69, §24.
SD Codified L § 11-2-55 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-55 - Appeals--Notice--Records transmitted--Expedited process.

11-2-55. Appeals--Notice--Records transmitted--Expedited process.An appeal to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the county adversely affected by any decision of the administrative officer to grant or deny the permit. No other appeal such as any relating to a ministerial act or other preliminary act to bring an application or matter before the board for hearing and a final decision is authorized by this section. The appeal shall be taken within a reasonable time not to exceed twenty-one days, as provided by the rules of the board of adjustment, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds of the appeal. The officer from whom the appeal is taken shall transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken. All appeals relating to a particular action or property shall be consolidated and heard on an expedited basis. Source: SL 2000, ch 69, §25; SL 2016, ch 71, §2; SL 2020, ch 41, § 7.
SD Codified L § 11-2-56 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 02 - County Planning And Zoning|Section 11-2-56 - Stay of proceedings pending appeal--Exceptions.

11-2-56. Stay of proceedings pending appeal--Exceptions.An appeal to the board of adjustment stays all proceedings in the action appealed from, except ministerial or other preliminary acts necessary to allow consolidated appeals on all matters prior to final decision by the board of adjustment, or unless the officer from whom the appeal is taken files a certificate that by reason of facts stated in the certificate a stay would in the officer's opinion cause imminent peril to life or property. In such case proceedings may not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record, on application, on notice to the officer from whom the appeal is taken and on due cause shown. Source: SL 2000, ch 69, §26; SL 2016, ch 71, §3.