reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-57 - Public hearing of appeal--Notice.

11-2-57. Public hearing of appeal--Notice.
The board of adjustment shall hold at least one public hearing of the appeal. Notice of the time and place shall be given at least ten days in advance by publication in a legal newspaper of the county, and due notice shall be given to the parties in interest. The board of adjustment 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:
SL 2000, ch 69, §27; SL 2020, ch 41, § 8.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-58 - Decisions of board.

11-2-58. Decisions of board.
In exercising the powers mentioned in §11-2-53 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 has 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 2000, ch 69, §28; SL 2003, ch 78, §3; SL 2004, ch 101, §3; SL 2015, ch 72, §4.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-59 - Reversal--Two-thirds majority vote.

11-2-59. Reversal--Two-thirds majority vote.
The concurring vote of two-thirds of the members of the board of adjustment is necessary to reverse any order, requirement, decision, or determination of any administrative official or to effect any variation in the ordinance. An initial conditional use determination of the board of adjustment shall be determined by the vote set forth in §11-2-17.3.
Source:
SL 2000, ch 69, §29; SL 2003, ch 78, §4; SL 2004, ch 101, §4; SL 2015, ch 72, §5; SL 2016, ch 71, §4; SL 2020, ch 41, § 9.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-60 - County commissioners as board of adjustment--Powers--Chair--Two-thirds majority vote.

11-2-60. County commissioners as board of adjustment--Powers--Chair--Two-thirds majority vote.
In lieu of appointing the board of adjustment provided by §11-2-49, the board of county commissioners having adopted and in effect a zoning ordinance may act as and perform all the duties and exercise the powers of the board of adjustment. When acting as the board of adjustment, the chair of the board of county commissioners is chair of the board of adjustment. The concurring vote of at least two-thirds of the members of the board is 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 the ordinance. Any initial conditional use determinations of the board shall be determined by the vote set forth in §11-2-17.3.
Source:
SL 2000, ch 69, §30; SL 2003, ch 78, §5; SL 2004, ch 101, §5; SL 2016, ch 71, §5; SL 2020, ch 41, § 10.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-61 - Petition to court contesting decision of board--Requirements.

11-2-61. Petition to court contesting decision of board--Requirements.
Any person or persons, jointly or severally, or any officer, department, board, or bureau of the county, aggrieved by any decision of the board of adjustment may present to a court of record a petition duly verified, setting forth that the decision is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be a petition for writ of certiorari presented to the court within thirty days after the filing of the decision in the office of the board of adjustment. 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 appealed from.
Source:
SL 2000, ch 69, §31; SL 2003, ch 78, §6; SL 2004, ch 101, §6; SL 2016, ch 71, §6; SL 2020, ch 41, § 11.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-61.1 - Appeal of grant or denial of conditional use permit.

11-2-61.1. Appeal of grant or denial of conditional use permit.
Any appeal of a decision of 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, §1; SL 2020, ch 41, § 12.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-62 - Writ of certiorari to board to review decision--Time limit--Writ not stay of proceedings--Restraining order.

11-2-62. Writ of certiorari to board to review decision--Time limit--Writ not stay of proceedings--Restraining order.
Upon the presentation of the petition, the court may allow a writ of certiorari directed to the board of adjustment to review the decision of the board of adjustment and shall prescribe the time within which a return must be made and served upon the relator's attorney, which may not be less than ten days and may be extended by the court. The allowance of the writ does not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board of adjustment and on due cause shown, grant a restraining order.
Source:
SL 2000, ch 69, §32.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-62.1 - Expedited determinations.

11-2-62.1  .  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 2020, ch 41, § 13.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-63 - Board may return certified copies of papers--Grounds of decision set forth.

11-2-63. Board may return certified copies of papers--Grounds of decision set forth.
The board of adjustment is not required to return the original papers acted upon by it, but it is sufficient to return certified copies of the papers, or of such portions of the papers as may be called for by the writ. The return shall concisely set forth such other facts pertinent and material to show the grounds of the decision appealed from and shall be verified.
Source:
SL 2000, ch 69, §33.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-64 - Court may take evidence.

11-2-64. Court may take evidence.
If upon the hearing it appears to the court that testimony is necessary for the proper disposition of the matter, the court may take evidence, or appoint a referee to take such evidence as it may direct and report the evidence to the court with the referee's findings of fact and conclusions of law, which constitute a part of the proceedings upon which the determination of the court is made.
Source:
SL 2000, ch 69, §34.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-65 - Court may reverse or affirm decision of board--Costs.

11-2-65. Court may reverse or affirm decision of board--Costs.
The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. On motion, the court may award reasonable attorneys' fees and costs of the action in an action brought to the court under this chapter against any non-prevailing party relative to the petition for writ of certiorari.
Costs and attorneys' fees are not allowed against the board of adjustment unless the court determines that the board of adjustment acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.
Source:
SL 2000, ch 69, §35; SL 2020, ch 41, § 14.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-65.1 - Special permitted use, conditional use, variance--Expiration--Enforceability.

11-2-65.1. Special permitted use, conditional use, variance--Expiration--Enforceability.
Any county 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 county zoning decision. Any county 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 2020, ch 41, §15; SL 2023, ch 39, §3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 02 - County Planning And Zoning › Section 11-2-66 - Cement Plant Commission property zoned as private business.

11-2-66. 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, §3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-1 - Townsite or subdivision survey and plat required--Contents.

11-3-1. Townsite or subdivision survey and plat required--Contents.
When any person wishes to lay out a townsite or subdivision, he shall cause the same to be surveyed and platted, which shall particularly describe and set forth all the streets, commons, or public grounds, and all blocks, lots, parcels, or tracts within such third class municipality or subdivision, giving the names, width, courses, boundaries, and extent of all such streets.
Source:
PolC 1877, ch 26, §1; CL 1887, §1095; RPolC 1903, §1490; RC 1919, §6537; SDC 1939, §45.2801; SL 1979, ch 93, §2; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-1.1 - Definition of terms.

11-3-1.1. Definition of terms.
Terms used in this chapter mean:
(1)"Governing body," the board of county commissioners, the city council, city commission, or town board;
(2)"Improvement district," an improvement district constituted under authority of chapter 7-25A;
(3)"Municipality," an incorporated city or town;
(4)"Planning commission," a planning commission constituted under authority of chapters 11-2, 11-4, and 11-6;
(5)"Plat," a map, or representation on paper, of a piece of land subdivided into lots, parcels, tracts, or blocks, including streets, commons, and public grounds, if any, all drawn to scale;
(6)"Registered land surveyor," a registered land surveyor, registered in good standing and legally authorized to practice land surveying under the provisions of §36-18-6;
(7)"Streets," streets, avenues, boulevards, roads, lanes, alleys, or other ways.
Source:
SL 1979, ch 93, §1; SL 1993, ch 106, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-2 - Corner markers to be planted--Marking on plat.

11-3-2. Corner markers to be planted--Marking on plat.
A registered land surveyor engaged by the owner shall at the time of surveying and laying out the property cause to be planted and firmly fixed in the ground at the corners of each block, lot, parcel, or tract, permanent markers constructed and placed in accordance with the rules adopted pursuant to §43-20-7. The point set shall be distinguished on the plat.
Source:
PolC 1877, ch 26, §3; CL 1887, §1097; RPolC 1903, §1492; RC 1919, §6539; SDC 1939, §45.2803; SL 1979, ch 93, §3; SL 1986, ch 317, §3; SL 2011, ch 70, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-3 - Numbering of lots--Length and angle of lines to be shown on plat--Curves.

11-3-3. Numbering of lots--Length and angle of lines to be shown on plat--Curves.
All the lots, if included in blocks, shall be numbered in consecutive numbers starting with one, and the blocks shall also be numbered in consecutive numbers or letters, and the precise length and necessary angles of all lot and block lines, and the precise length and bearing angles of all subdivision boundary lines shall be stated on the plat. All lots not included in blocks, and all parcels or tracts shall in like manner be surveyed and numbered or lettered consecutively and the precise length and bearing angle of all lines and the acreage of each lot, parcel, or tract and the total acreage within the subdivision boundaries shall be stated on the plat together with any streets which shall divide or border the same. The plat shall include the length, central angle, and any other data necessary to properly survey any curve included on the plat.
Source:
SL 1887, ch 106, §1; CL 1887, §1096; RPolC 1903, §1491; RC 1919, §6538; SDC 1939, §45.2802; SL 1979, ch 93, §4.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 03 - Platting Of Townsites, Additions And Subdivisions › Section 11-3-4 - Certification, acknowledgment and recording of plats.

11-3-4. Certification, acknowledgment and recording of plats.
Every plat provided for in this chapter shall be certified by the registered land surveyor, who shall attach an official seal thereto as specified in §36-18A-45 as being in all respects correct. The landowner, or the landowner's duly authorized agent, shall certify that the plat has been made at the request and under the direction of the landowner for the purposes indicated therein, that he or she is the owner of all the land included therein, and that development of this land shall conform to all existing applicable zoning, subdivision and erosion and sediment control regulations. The landowner certification shall be acknowledged before some officer authorized to take the acknowledgment of deeds and, with the certificate of such acknowledgment, shall be endorsed on or attached to the plat and be recorded as a part thereof in the office of the register of deeds of the proper county.
No such plat may be recorded until all the provisions of this section have been fully complied with, and upon certification and recordation shall be used as the legal description as provided by §43-21-4 for all purposes, including constructive notice.
Source:
SDC 1939, §45.2804; SL 1967, ch 224, §1; SL 1979, ch 93, §5; SL 1981, ch 117; SL 1988, ch 127; SL 1997, ch 73, §1.