reglab/housing_qa huggingface dataset:
SD Codified L § 11-4-24 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-24 - Governing body acting as board of adjustment--Chairman of board--Vote required for reversal, exception or variance.

11-4-24. Governing body acting as board of adjustment--Chairman of board--Vote required for reversal, exception or variance. In lieu of appointing the board of adjustment provided by §11-4-13, the governing body of any municipality having adopted and effectuated a zoning ordinance may act as and perform all the duties and exercise the powers of such board of adjustment. Whenever the governing body is acting as the board of adjustment, the mayor or president of the board of trustees is chairman of the board of adjustment. The concurring vote of at least two-thirds of the members of such board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under any zoning ordinance, or to effect any variation in such ordinance. Source: SL 1941, ch 202; SDC Supp 1960, §45.2607-1; SL 2021, ch 55, § 10.
SD Codified L § 11-4-25 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-25 - Petition to court contesting decision of board.

11-4-25. Petition to court contesting decision of board. Any person or persons, jointly or severally, or any officer, department, board, or bureau of the municipality, aggrieved by any decision of the board of adjustment may present to a court of record a petition for writ of certiorari, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the board. The board of adjustment shall respond to the petition within thirty days of receiving the notice of the filing and shall simultaneously submit the complete record of proceedings of the board appealed from, in the form of a return on a petition for writ, without need for a court order or formal issuance of writ.A petitioner to the circuit court under this section shall pay all transcript costs required to complete the record of proceedings of the board from which the decision was appealed. Source: SL 1927, ch 176, §7; SDC 1939, §45.2608; SL 2016, ch 71, §9; SL 2021, ch 55, § 11.
SD Codified L § 11-4-25.1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-25.1 - Appeal of grant or denial of conditional use permit.

11-4-25.1. Appeal of grant or denial of conditional use permit. Any appeal of a decision granting or denying a conditional use permit shall be brought under a petition, duly verified, for a writ of certiorari directed to the approving authority and, notwithstanding any provision of law to the contrary, shall be determined under a writ of certiorari standard regardless of the form of the approving authority. The court shall give deference to the decision of the approving authority in interpreting the authority's ordinances. Source: SL 2018, ch 68, §2; SL 2021, ch 55, § 12.
SD Codified L § 11-4-25.2 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-25.2 - Expedited determinations.

11-4-25.2. Expedited determinations. Upon filing of a petition for writ of certiorari, the court shall expedite any petition determination. Within thirty days of the filing of the response and the record, or as soon as reasonably practicable, the court shall schedule and hold a hearing on the matter to determine the merits, and the cause shall be speedily heard and determined. Source: SL 2021, ch 55, § 13.
SD Codified L § 11-4-26 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-26 - Writ of certiorari to review decision of board--Time of return--Restraining order to stay proceedings.

11-4-26. Writ of certiorari to review decision of board--Time of return--Restraining order to stay proceedings.Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board of adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court.The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order. Source: SL 1927, ch 176, §7; SDC 1939, §45.2608.
SD Codified L § 11-4-27 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-27 - Certified copies returned on certiorari--Contents of return.

11-4-27. Certified copies returned on certiorari--Contents of return.The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified copies thereof, or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. Source: SL 1927, ch 176, §7; SDC 1939, §45.2608.
SD Codified L § 11-4-28 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-28 - Evidence heard by court on certiorari--Referee.

11-4-28. Evidence heard by court on certiorari--Referee.If upon the hearing it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence, or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. Source: SL 1927, ch 176, §7; SDC 1939, §45.2608.
SD Codified L § 11-4-29 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-29 - Disposition by court on certiorari--Costs.

11-4-29. Disposition by court on certiorari--Costs.The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.Costs shall not be allowed against the board of adjustment unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. Source: SL 1927, ch 176, §7; SDC 1939, §45.2608.
SD Codified L § 11-4-29.1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-29.1 - Special permitted use, conditional use, variance--Expiration.

11-4-29.1. Special permitted use, conditional use, variance--Expiration. Any municipal zoning ordinance provision setting a time limit for commencement or completion of a special permitted use, conditional use, or variance granted under this chapter is tolled to allow commencement within a period of two years following completion of any final appeal of the municipal zoning decision. Any municipal zoning ordinance provision to the contrary is invalid or unenforceable and the special permitted use, conditional use, or variance shall be allowed if actual construction as approved is commenced within this period, and any provision addressing timely completion shall commence only upon such actual construction. The authority constitutes a lawful use, lot, or occupancy of land or premises existing at the time of the adoption of a zoning ordinance amendment or replacement within this period or while an appeal is pending regardless of the commencement of actual construction, so that the approved use shall be allowed if upheld on final appeal.For purposes of this section, the term, actual construction, means that construction materials are being permanently placed and the construction work is proceeding without undue delay. Source: SL 2021, ch 55, § 14.
SD Codified L § 11-4-30 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-30 - Cement Plant Commission property zoned as private business.

11-4-30. Cement Plant Commission property zoned as private business.All real property owned, leased, or otherwise held by the State of South Dakota by and through the South Dakota State Cement Plant Commission as of December 28, 2000, is hereby zoned to conform to its use as of December 28, 2000, as if it were owned, operated, and used by a private business, and all applicable municipal and county records shall be revised accordingly. Source: SL 2000 (SS), ch 4, §4.
SD Codified L § 11-5-1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 05 - Restrictive Contracts And Declarations|Section 11-5-1 - Buildings, space requirements, and uses subject to regulation and restriction by declaration or contract of landowners in first or second class municipality.

11-5-1. Buildings, space requirements, and uses subject to regulation and restriction by declaration or contract of landowners in first or second class municipality.It shall be lawful for the owner or owners of any real property situated in any first or second class municipality within this state to regulate and restrict by declaration or contract, as provided in §11-5-2, the height, number of stories, and size of buildings and other structures, and the nature of other improvements to be erected or made upon property belonging to such property owner or owners, and also to regulate and restrict as to such property the percentage of the lot or parcel that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industrial, residence, or other purposes, and to regulate and restrict upon such land the construction, reconstruction, alteration, repair, or use of buildings, structures, or land. Source: SL 1925, ch 243, §1; SDC 1939, §45.2611; SL 1992, ch 60, §2.
SD Codified L § 11-5-2 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 05 - Restrictive Contracts And Declarations|Section 11-5-2 - Execution, filing and recording of declaration or contract of landowners--Homestead.

11-5-2. Execution, filing and recording of declaration or contract of landowners--Homestead.Any property owner desiring to exercise the powers conferred by §11-5-1 shall enter into a declaration or contract in writing specifying the regulations and restrictions which the property owner may desire to impose upon the property owned by him. The declaration or contract shall be signed by the property owner executing the same and acknowledged by the property owner who shall, within thirty days after the execution and acknowledgment of the declaration or contract, record the same in the office of the register of deeds of the county in which the land affected is situated. If required by the municipal governing body, within thirty days after the recording, a copy, certified by the register of deeds, shall be filed with the auditor of the first or second class municipality in which the land is situated. Any declaration or contract covering a homestead shall be executed and acknowledged by both the owner and the spouse of the owner. Source: SL 1925, ch 243, §2; SDC 1939, §45.2612; SL 1980, ch 108; SL 1992, ch 60, §2.
SD Codified L § 11-5-3 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 05 - Restrictive Contracts And Declarations|Section 11-5-3 - Remedies for enforcement of declaration or contract--Action maintained by first or second class municipality.

11-5-3. Remedies for enforcement of declaration or contract--Action maintained by first or second class municipality.After the execution, recording, and filing of any declaration or contract executed pursuant to §§11-5-1 and 11-5-2, the terms and conditions of the same may be enforced by action at law or by suit in equity brought by any person possessing any interest in the land affected by such declaration or contract or in any part of such land, or such action or suit may be maintained by the first or second class municipality within which such land is situated. Source: SL 1925, ch 243, §5; SDC 1939, §45.2614; SL 1992, ch 60, §2.
SD Codified L § 11-5-4 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 05 - Restrictive Contracts And Declarations|Section 11-5-4 - Duration of restrictions by declaration or contract.

11-5-4. Duration of restrictions by declaration or contract. The restrictions authorized by §§11-5-1 and 11-5-2 continue in force for a period as may be prescribed in a declaration or contract but not exceeding forty years from the date of such declaration or contract. Source: SL 1925, ch 243, §3; SDC 1939, §45.2612; SL 2021, ch 56, § 1.
SD Codified L § 11-5-5 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 05 - Restrictive Contracts And Declarations|Section 11-5-5 - Superior right of first or second class municipality to exercise zoning powers.

11-5-5. Superior right of first or second class municipality to exercise zoning powers.The authority granted by §11-5-1 and any declaration or contract made thereunder, shall be subject to the right of the first or second class municipality to exercise the powers and authorities conferred under chapter 11-4 at any time the municipality may elect to exercise such authority. Source: SDC 1939, §45.2611; SL 1992, ch 60, §2.
SD Codified L § 11-5-6 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 05 - Restrictive Contracts And Declarations|Section 11-5-6 - Revocation of declaration or contract--Execution by successor in interest required--Approval by municipal governing body required.

11-5-6. Revocation of declaration or contract--Execution by successor in interest required--Approval by municipal governing body required.Any declaration or contract made pursuant to §§11-5-1 and 11-5-2 may be revoked and canceled only by the execution by the persons executing the same of a deed of revocation, which deed of revocation shall be acknowledged and recorded in the office of the register of deeds and a copy thereof filed in the office of the city auditor as provided in case of the original declaration or contract. In case any property owner signing such declaration or contract shall have died or shall have parted with his interest in the real property affected or any part thereof, such deed of revocation shall not be valid until executed by all persons having an interest in such real property as successors in interest to the person or persons executing such declaration or contract, and such deed of revocation shall not go into force or effect until after the same shall have been approved by a resolution duly adopted by the governing body of the first or second class municipality within which such land is situated. Source: SL 1925, ch 243, §4; SDC 1939, §45.2613; SL 1992, ch 60, §2.
SD Codified L § 11-5-7 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 05 - Restrictive Contracts And Declarations|Section 11-5-7 - Flag--Display.

11-5-7. Flag--Display. Any homeowner, regardless of any private covenants, restrictions, bylaws, rules, or requirements may display one portable, removable official United States flag, not larger than four and one-half feet by six feet and may additionally display the official South Dakota State flag or one portable, removable official flag, not larger than four and one-half feet by six feet, that represents the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, or a POW MIA flag. The additional flag must be equal in size to or smaller than the official United States flag. Source: SL 2021, ch 57, § 1.
SD Codified L § 11-5-8 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 05 - Restrictive Contracts And Declarations|Section 11-5-8 - Flagpole--Display.

11-5-8. Flagpole--Display. Any homeowner, regardless of any private covenants, restrictions, bylaws, rules, or requirements, may erect a freestanding flagpole no more than twenty feet high on any portion of the homeowner's property, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display from that flagpole, one official United States flag, not larger than four and one-half feet by six feet, and may additionally display one official South Dakota State flag or official flag that represents the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, or a POW MIA flag. The additional flag must be equal in size to or smaller than the official United States flag.The flagpole specifications and display are subject to building codes imposed by this state or appropriate local governing body. Source: SL 2021, ch 57, § 2.
SD Codified L § 11-6-1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 06 - Comprehensive City Planning|Section 11-6-1 - Definition of terms.

11-6-1. Definition of terms.Terms used in this chapter mean:(1)"Commission," "planning and zoning commission," or "planning commission," any city planning and zoning commission created under the terms of this chapter;(2)"Comprehensive plan," any document which describes in words, and may illustrate by maps, plats, charts, and other descriptive matter, the goals, policies, and objectives of the municipality to interrelate all functional and natural systems and activities relating to the development of the territory under its jurisdiction;(3)"Council," the chief legislative body or governing body of the municipality;(4)"Mayor," the chief executive of the municipality, whether the official designation of such official be mayor, city manager, or otherwise;(5)"Municipality" or "city," any incorporated city or town;(6)Deleted by SL 2000, ch 69, §63;(7)"Street," any street, avenue, boulevard, road, lane, alley, or other roadway;(8)"Subdivision," the division of any tract or parcel of land into two or more lots, sites, or other division for the purpose, whether immediate or future, of sale or building development and includes resubdivision. This definition does not apply to the conveyance of a portion of any previously platted tract, parcel, lot, or site if the conveyance does not cause the tract, parcel, lot, or site from which the portion is severed to be in violation of any existing zoning ordinance or subdivision regulation applying to such tract, parcel, lot, or site;(9)"Subdivision ordinance," any ordinance adopted by the municipality to regulate the subdivision of land so as to provide coordination of streets with other subdivisions and the major street plan, adequate areas set aside for public uses, water and sanitation facilities, drainage and flood control, and conformity with the comprehensive plan;(9A)"Temporary zoning or subdivision ordinance," an ordinance adopted as an emergency measure for a limited duration;(10)"Zoning map," any map adopted as an ordinance by the municipality that delineates the extent of each district or zone established in the zoning ordinance;(11)"Zoning ordinance," any ordinance adopted by the municipality to implement the comprehensive plan by regulating the location and use of buildings and uses of land. Source: SL 1949, ch 198, §1; SDC Supp 1960, §45.3301; SL 1966, ch 145; SL 1975, ch 116, §1; SL 1975, ch 117; SL 2000, ch 69, §63.
SD Codified L § 11-6-2 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 06 - Comprehensive City Planning|Section 11-6-2 - Planning and zoning commission required in municipality--Comprehensive plan to be effected.

11-6-2. Planning and zoning commission required in municipality--Comprehensive plan to be effected.For the purpose of promoting the health, safety, and general welfare of the municipality, each municipality of the state shall provide by ordinance for a planning and zoning commission, including the appropriation of money to a fund for the expenditures of such commission and to provide by ordinance the qualifications of the members, mode of appointment, tenure of office, compensation, powers, duties of and rules governing such board. Municipalities shall, as soon as possible, make, adopt, amend, extend, add to or carry out a general municipal plan of development, such plan to be referred to as the comprehensive plan. Source: SDCL, §11-6-2 as enacted by SL 1975, ch 116, §2; SL 1995, ch 49, §21.
SD Codified L § 11-6-3 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 06 - Comprehensive City Planning|Section 11-6-3 - Contract for county planning and zoning services--Fees--Powers of county commission--Designation of planning commission--Contracts for special services.

11-6-3. Contract for county planning and zoning services--Fees--Powers of county commission--Designation of planning commission--Contracts for special services.The governing body of any municipality may contract with the board of county commissioners for planning and zoning services to be provided by the county, and the contract may provide that the municipality shall pay such fees as are agreed for the services performed. Under the provisions of the contract the municipal governing body may authorize the county planning and zoning commission, on behalf of the municipality, to exercise any of the powers otherwise granted to municipal planning and zoning commissions under this chapter and chapter 11-4. The contract between the governing body of the municipality and the county may provide among other things for joint county-municipal planning activities, or it may designate the county planning commission as the planning commission for the municipality. The municipality may also contract with a planning agency, authority or commission, or with planning consultants, or with other specialists for such services as it requires. Source: SDCL, §11-6-3 as enacted by SL 1975, ch 116, §3; SL 1992, ch 60, §2; SL 1998, ch 76, §1.
SD Codified L § 11-6-4.1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 06 - Comprehensive City Planning|Section 11-6-4.1 - Temporary addition to planning commission of resident of affected outside area.

11-6-4.1. Temporary addition to planning commission of resident of affected outside area.For the purpose of carrying out any of the provisions of §§11-6-26 to 11-6-38, inclusive, the city council may temporarily add as a member of the city planning and zoning commission a resident of the area to be affected by proposed municipal zoning and subdivision ordinances outside the corporate limits of the municipality. Source: SL 1975, ch 116, §17; SL 2000, ch 69, §64.