reglab/housing_qa huggingface dataset:
SD Codified L § 11-4-4 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-4 - Notice and hearing of proposed zoning ordinance required.

11-4-4. Notice and hearing of proposed zoning ordinance required.The governing body may adopt a zoning ordinance. Before adoption or renewal of the ordinance, the council shall hold at least one public hearing. 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 municipality. Any interested person shall be given a full, fair, and complete opportunity to be heard at the hearing, and the governing body may refuse or adopt the ordinance, with or without amendment. Source: SDC 1939, §45.2604; SL 1949, ch 192; SL 1972, ch 72, §2; SL 1982, ch 60, §9; SL 1999, ch 65, §11; SL 2000, ch 69, §55.
SD Codified L § 11-4-4.1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-4.1 - Ordinance authorizing conditional use of real property--Content--Approval or disapproval of request.

11-4-4.1. Ordinance authorizing conditional use of real property--Content--Approval or disapproval of request. A municipal zoning ordinance adopted pursuant to this chapter that authorizes a conditional use of real property shall specify the approving authority, each category of conditional use requiring such approval, the zoning districts in which a conditional use is available, the criteria for evaluating each conditional use, and any procedures for certifying property for 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 who are present and voting. Source: SL 2004, ch 103, §1; SL 2015, ch 72, §7; SL 2021, ch 55, § 2.
SD Codified L § 11-4-4.2 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-4.2 - Conditional use defined.

11-4-4.2. 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 §11-4-4.1. 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, §2.
SD Codified L § 11-4-4.3 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-4.3 - Process for certification of special permitted uses upon meeting specified criteria.

11-4-4.3. Process for certification of special permitted uses upon meeting specified criteria. A zoning ordinance adopted pursuant to this chapter may also establish a process for certification of special permitted uses upon meeting specified criteria for the 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, §6; SL 2021, ch 55, § 3.
SD Codified L § 11-4-4.4 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-4.4 - Sign to notify public about petition and hearing on zoning change or conditional use permit.

11-4-4.4. Sign to notify public about petition and hearing on zoning change or conditional use permit.If a landowner petitions a governing board of a municipality 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 2016, ch 72, §1.
SD Codified L § 11-4-4.5 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-4.5 - Special permitted uses--Exceptions.

11-4-4.5. Special permitted uses--Exceptions. Any land use that meets the specified criteria for certification under any municipal zoning ordinance shall be considered a special permitted use. A special permitted use applicant is not subject to the requirements set forth in §11-4-4.2. 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 special permitted use subject to enforcement in the same manner as a permitted use. Source: SL 2021, ch 55, § 4.
SD Codified L § 11-4-4.6 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-4.6 - Conditional use application--Impact on neighboring land.

11-4-4.6. Conditional use application--Impact on neighboring land. Any conditional use permit granted pursuant to chapter 11-4 shall be considered a lawful use. No conditional use will be prohibited due to changes on neighboring land which occurred after the application for the conditional use is received. No conditional use shall be made nonconforming due to changes on neighboring land which occurred after the application for the conditional use is granted pursuant to chapter 11-4 unless the conditional use is not pursued by the applicant for a period of more than one year. Source: SL 2021, ch 55, § 5.
SD Codified L § 11-4-5 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-5 - Reading, passage and publication of ordinance--Protest by landowners in district--Flood plain ordinance not subject to protest.

11-4-5. Reading, passage and publication of ordinance--Protest by landowners in district--Flood plain ordinance not subject to protest.If a zoning ordinance is adopted, the ordinance is subject to the provisions of §9-19-7 as a comprehensive regulation unless the referendum is invoked, or unless a written protest is filed with the auditor or clerk, signed by at least forty percent of the owners of equity in the lots included in any proposed district and the lands within two hundred fifty feet from any part of the proposed district. A corporation is construed to be a sole owner, and if parcels of land are in the name of more than one person, ownership representation is in proportion to the number of signers who join in the petition in relation to the number of owners. If a protest is filed, the ordinance does not become effective unless the ordinance is approved by two-thirds of the governing body of the municipality. The protest provisions of this section do not apply to any ordinance regulating or establishing flood plain areas. Source: SDC 1939, §45.2604; SL 1949, ch 192; SL 1974, ch 112; SL 1975, ch 115; SL 1998, ch 75, §1; SL 1999, ch 65, §12; SL 2000, ch 69, §56.
SD Codified L § 11-4-6 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-6 - Conflict with other regulations--More stringent regulations govern.

11-4-6. Conflict with other regulations--More stringent regulations govern.Whenever the regulations made under authority of this chapter require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations made under authority of this chapter shall govern.Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or a less number of stories, or other higher standards than are required by the regulations made under authority of this chapter, the provisions of such statute or local ordinance or regulation shall govern. Source: SL 1927, ch 176, §9; SDC 1939, §45.2610.
SD Codified L § 11-4-7 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-7 - Proceedings by municipal authorities to prevent violation of regulations.

11-4-7. Proceedings by municipal authorities to prevent violation of regulations.In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred thereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Source: SL 1927, ch 176, §8; SDC 1939, §45.2609.
SD Codified L § 11-4-8 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-8 - Changes in regulations--Notice and procedure.

11-4-8. Changes in regulations--Notice and procedure.Regulations, restrictions, and boundaries adopted pursuant to this chapter may be amended, supplemented, changed, modified, or repealed. Any such modification or repeal shall be proposed in an ordinance presented to the governing body for adoption in the same manner and upon the same notice as required for the adoption of the original ordinance. However, amendments or additions to a subdivision or zoning ordinance may be published without republishing the full ordinance if the section or subsection of the ordinance containing the change is published in its entirety. Source: SDC 1939, §45.2605; SL 1941, ch 201; SL 1987, ch 116; SL 2000, ch 69, §57.
SD Codified L § 11-4-9 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-9 - Requiring consent of landowners to change in zoning ordinance.

11-4-9. Requiring consent of landowners to change in zoning ordinance.The governing body may by ordinance require as a condition precedent to the introduction of any ordinance proposing changes in the zoning ordinance that there be first filed with the city auditor, finance officer, or clerk the written consent of the owners of not exceeding sixty percent of the aggregate area having the right of protest against such proposed ordinance if adopted, determined as provided by §11-4-5. Source: SDC 1939, §45.2605 as added by SL 1941, ch 201; SL 2000, ch 69, §58.
SD Codified L § 11-4-10 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-10 - Referendum and protests against changes in zoning ordinance.

11-4-10. Referendum and protests against changes in zoning ordinance.The referendum and the right of protest may be invoked against an ordinance making changes in the zoning ordinance in like manner as against the original ordinance. Source: SL 1927, ch 176, §5; SL 1927 (SS), ch 18, §2; SDC 1939, §45.2605; SL 1941, ch 201.
SD Codified L § 11-4-11 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-11 - Appointment of planning and zoning commission--Same as city planning and zoning commission.

11-4-11. Appointment of planning and zoning commission--Same as city planning and zoning commission.In order to avail itself of the powers conferred by this chapter, the governing body shall appoint a commission to be known as the planning and zoning commission to recommend the boundaries of the zoning districts and appropriate regulations to be enforced therein.The planning and zoning commission provided herein shall be the same planning and zoning commission provided under the provisions of chapter 11-6. Source: SL 1927, ch 176, §6; SDC 1939, §45.2606; SL 1975, ch 114, §3.
SD Codified L § 11-4-11.1 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-11.1 - Governing body as planning and zoning commission.

  11-4-11.1  .  Governing body as planning and zoning commission.   In lieu of appointing the planning and zoning commission provided by §11-4-11, the governing body of any second or third class municipality having adopted and in effect a zoning ordinance may act as and perform all the duties and exercise the powers of the planning and zoning commission.     Source:  SL 2020, ch 42, § 1.
SD Codified L § 11-4-12 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-12 - Planning and zoning commission--Hearings and notice--Final recommendation.

11-4-12. Planning and zoning commission--Hearings and notice--Final recommendation.The planning and zoning commission, when appointed, shall hold public hearings, subject to the same notice requirements as provided in §11-4-4, before submitting its recommendation, and the governing body may not hold its public hearings or take action until it has received the recommendation of the commission. Source: SDC 1939, §45.2606; SL 1975, ch 114, §4; SL 2000, ch 69, §59.
SD Codified L § 11-4-13 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-13 - Board of adjustment to be provided--Planning and zoning commission as adjustment board--Power to grant variances.

11-4-13. Board of adjustment to be provided--Planning and zoning commission as adjustment board--Power to grant variances.Except as otherwise provided by §11-4-24, the governing body 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: SDC 1939, §45.2607; SL 1975, ch 114, §5; SL 2000, ch 69, §60.
SD Codified L § 11-4-14 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-14 - Appointment and terms of board of adjustment other than commission--Removal--Vacancies--Alternates.

11-4-14. Appointment and terms of board of adjustment other than commission--Removal--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 filled 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: SDC 1939, §45.2607; SL 1975, ch 114, §6; SL 1984, ch 105; SL 2000, ch 69, §61.
SD Codified L § 11-4-15 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-15 - Meetings of board of adjustment--Administration of oaths and attendance of witnesses.

11-4-15. Meetings of board of adjustment--Administration of oaths and attendance of witnesses.Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board may determine. Such chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. All meetings of such board shall be open to the public. Source: SL 1927, ch 176, §7; SDC 1939, §45.2607.
SD Codified L § 11-4-16 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-16 - Minutes and records of board of adjustment--Destruction of records.

11-4-16. Minutes and records of board of adjustment--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 and shall be a public record. However, the board of adjustment may destroy any record which the records destruction board, acting pursuant to §1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value. Source: SL 1927, ch 176, §7; SDC 1939, §45.2607; SL 1981, ch 45, §13.
SD Codified L § 11-4-17 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-17 - Powers of board of adjustment.

11-4-17. Powers of board of adjustment. The board of adjustment may:(1)Hear and decide appeals where 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 such variance from terms of the ordinance 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: SDC 1939, §45.2607; SL 2000, ch 69, §62; SL 2015, ch 72, §8; SL 2021, ch 55, § 6.
SD Codified L § 11-4-18 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-18 - Rules of board of adjustment.

11-4-18. Rules of board of adjustment.The board of adjustment shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this chapter. Source: SL 1927, ch 176, §7; SDC 1939, §45.2607.
SD Codified L § 11-4-19 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-19 - Appeal to board of adjustment--Notice of appeal--Records transmitted--Expedited process.

11-4-19. Appeal to board of adjustment--Notice of appeal--Records transmitted--Expedited process. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality 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 on the merits is authorized by the section. Such appeal shall be taken within a reasonable time, as provided by the rules of such board, but not to exceed twenty-one days, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board 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 1927, ch 176, §7; SDC 1939, §45.2607; SL 2016, ch 71, §7; SL 2021, ch 55, § 7.
SD Codified L § 11-4-20 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-20 - Stay of proceedings pending appeal--Exceptions.

11-4-20. 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 shall file a certificate that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise 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 1927, ch 176, §7; SDC 1939, §45.2607; SL 2016, ch 71, §8.
SD Codified L § 11-4-21 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-21 - Notice and hearing by board of adjustment--Hearing open to public.

11-4-21. Notice and hearing by board of adjustment--Hearing open to public. The board of adjustment shall hold at least one public hearing of the appeal. 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 municipality, and due notice shall be given to the parties in interest. The board shall decide the appeal within sixty days of receiving a notice of appeal. Any party may appear at the hearing in person or by agent or by attorney. Source: SDC 1939, §45.2607; SL 1999, ch 65, §13; SL 2021, ch 55, § 8.
SD Codified L § 11-4-22 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-22 - Decisions of board.

11-4-22. Decisions of board.In exercising the powers mentioned in §11-4-17 as to appeals, the board of adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. As to all other decisions, the board of adjustment may make initial determinations as provided by statute and applicable zoning ordinance. Source: SL 1927, ch 176, §7; SDC 1939, §45.2607; SL 2015, ch 72, §9.
SD Codified L § 11-4-23 (2021)
2021 South Dakota Codified Laws|Title 11 - Planning, Zoning and Housing Programs|Chapter 04 - Municipal Planning And Zoning|Section 11-4-23 - Vote required.

11-4-23. Vote required. The concurring vote of at least two-thirds of the members of the board of adjustment is necessary to reverse any order, requirement, decision, or determination of the administrative officer, or to effect any variation in an ordinance. An initial conditional use determination of the board of adjustment shall be determined by the vote set forth in §11-4-4.1. Source: SL 1927, ch 176, §7; SDC 1939, §45.2607; SL 1975, ch 114, §7; SL 2006, ch 65, §1; SL 2015, ch 72, §10; SL 2021, ch 55, § 9.