reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-7 - Employees appointed by city council--Contracts for special services.

11-6-7. Employees appointed by city council--Contracts for special services.
The city council may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion, and removal shall be subject to the same provisions of law, including civil service regulations, as govern other corresponding civil employees of the municipality. The city council may also contract with city planners, engineers, architects, and other consultants as well as federal, state, and local agencies for such services as it may require.
Source:
SL 1949, ch 198, §4; SDC Supp 1960, §45.3304; SL 1966, ch 145; SL 1975, ch 116, §4.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-8 - Information furnished by public officials--Examinations and surveys--General powers of commission.

11-6-8. Information furnished by public officials--Examinations and surveys--General powers of commission.
All public officials shall, upon request, furnish to the planning commission, within a reasonable time, such available information as it may require for its work. The commission, its members, and employees, in the performance of its functions, may, after thirty days' written notice by certified mail to the landowner, enter upon any land, make examinations and surveys, and place and maintain necessary monuments and marks thereon. In general, the commission has all powers necessary to enable it to fulfill and perform its functions, promote municipal planning, or carry out all the purposes of this chapter.
Source:
SL 1949, ch 198, §8; SDC Supp 1960, §45.3308; SL 1966, ch 145; SL 1999, ch 67, §1.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-9 - Expenditures of planning and zoning commission--Funds, equipment and accommodations.

11-6-9. Expenditures of planning and zoning commission--Funds, equipment and accommodations.
The expenditures of the planning and zoning commission, exclusive of those made from funds received by gift, shall be within the amounts appropriated for the purpose by the municipal governing body. The municipal governing body shall provide the funds, equipment and accommodations necessary for the planning and zoning commission's work. The municipal governing body may include in such appropriation funds to provide compensation for members of the planning and zoning commission.
Source:
SL 1949, ch 198, §4; SDC Supp 1960, §45.3304; SL 1966, ch 145; SL 1985, ch 100.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-10 - Territorial extent of powers granted by chapter--Electrical service areas not affected.

11-6-10. Territorial extent of powers granted by chapter--Electrical service areas not affected.
The legislative body of an incorporated municipality and a board of county commissioners may jointly exercise the comprehensive planning and zoning powers granted in this chapter and chapters 11-2 and 11-4 in a joint jurisdictional area beyond the municipal corporate limits. The joint jurisdictional area, not to exceed six miles, shall be delineated in a comprehensive plan but in no instance may the area extend beyond a line equidistant from the corporate limits of any other municipality unless otherwise agreed to by a majority vote of the governing body of each municipality having a planning commission. Nothing contained in this chapter may be construed to amend or repeal any provisions of chapter 49-34A.
The county and city planning commissions shall meet jointly and hold at least one public hearing on the comprehensive plan. Notice of the time and place of the hearing shall be given once by either the city or county at least ten days in advance by publication in a legal newspaper. Following the public hearing, each planning commission shall submit a recommendation to their respective governing body.
Source:
SDC Supp 1960, §45.3305 as added by SL 1966, ch 145; SL 1975, ch 116, §5; SL 2003, ch 77, §3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-11 - Territorial extent of general zoning powers--Express provision as to extraterritorial operation--Division of overlapping extraterritorial zones.

11-6-11. Territorial extent of general zoning powers--Express provision as to extraterritorial operation--Division of overlapping extraterritorial zones.
The governing bodies shall meet jointly and hold at least one public hearing to consider the recommendations of the planning commissions on the comprehensive plan for the joint jurisdictional area. Notice of the time and place of the hearing shall be given once by either the city or county at least ten days in advance by publication in a legal newspaper. Adoption of the comprehensive plan shall be by resolution of each governing body. Such action is subject to §§11-6-18.2 and 11-2-21.
Source:
SDC Supp 1960, §45.3318 as enacted by SL 1966, ch 145; SL 1975, ch 116, §6; SL 1992, ch 60, §2; SL 2003, ch 77, §4.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-12 - Zoning regulations in joint jurisdictional areas--Public hearing--Recommendation of each planning commission.

11-6-12. Zoning regulations in joint jurisdictional areas--Public hearing--Recommendation of each planning commission.
Following adoption of a comprehensive plan by the governing bodies, the city and county planning commissions may prepare zoning regulations for all property in the joint jurisdictional area consistent with the comprehensive plan. The regulations shall delineate the authority of the governing bodies over all zoning matters pertaining to the joint jurisdictional area. Such regulations may include relinquishment by the county of some or all of its zoning authority within the joint jurisdictional area. In those instances where a county has granted to a municipality sole zoning authority beyond said municipality's existing corporate limits, the notice and public hearing requirements of chapter 11-4 shall apply.
The county and city planning commissions shall meet jointly and hold at least one public hearing on the zoning regulations. Notice of the time and place of the hearing shall be given once by either the city or county at least ten days in advance by publication in a legal newspaper. Following the public hearing, each planning commission shall submit a recommendation to each respective governing body.
Source:
SDC Supp 1960, §45.3319 as enacted by SL 1966, ch 145; SL 1975, ch 116, §7; SL 1992, ch 60, §2; SL 2003, ch 77, §5.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-12.1 - Joint meeting to act on recommendations--County concurrence required for municipal extraterritorial powers--Petition for relinquishment of zoning jurisdiction.

11-6-12.1. Joint meeting to act on recommendations--County concurrence required for municipal extraterritorial powers--Petition for relinquishment of zoning jurisdiction.
Following notice and public hearing as required by §§11-2-19 and 11-4-4, the board of county commissioners and the municipal governing body shall meet jointly and take action upon the recommendations from the two planning commissions. The zoning regulations that apply in the joint jurisdictional area shall be adopted by ordinance of each governing body. The notice and public hearing requirements of this section apply to any proposed amendments to the zoning regulations. Any change in the zoning of property is subject to the requirements of §§11-2-19 and 11-2-28.1.
Source:
SDCL, §11-6-12 as added by SL 1975, ch 116, §7; SL 1989, ch 124; SL 2003, ch 77, §6.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-13.2 - Referendum applicable--Time of election on referred measures.

11-6-13.2. Referendum applicable--Time of election on referred measures.
The referendum provisions of chapter 11-2 shall apply to such zoning ordinances, provided however, that notwithstanding the provisions of §11-2-22, if a referendum petition is filed with the county auditor, the question of adoption or rejection of the zoning ordinance shall be considered at a special election to be held for that purpose within sixty days after the filing of a petition; except that when such petition is filed within three months prior to the next primary or general election, whichever occurs first, such ordinance shall be submitted at such primary or general election if there is time to give notice thereof.
Source:
SL 1975, ch 116, §26.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-14 - Preparation of comprehensive plan for municipal development--Contents of plan--Changes or additions.

11-6-14. Preparation of comprehensive plan for municipal development--Contents of plan--Changes or additions.
It shall be a function and duty of the planning commission to propose a plan for the physical development of the municipality, including any areas outside the boundary and within its planning jurisdiction which, in the commission's judgment bear relation to the planning of the municipality. The comprehensive plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the commission's recommendations for the said physical development and may include, among other things, the general location, character, and extent of streets, bridges, viaducts, parks, parkways, waterways and waterfront developments, playgrounds, airports, and other public ways, grounds, places and spaces; the general location of public schools, of public buildings and other public property; a zoning ordinance for the regulation of the height, area, bulk, location, and use of private and public structures and premises, and of population density as may be provided by law may be included as an adjunct to the comprehensive plan; the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, light, power, heat, sanitation, transportation, communication, and other purposes; the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, or change of use of any of the foregoing public ways, grounds, places, spaces, buildings, properties, utilities, or terminals; the general location, character, layout, and extent of community centers and neighborhood units, and the general character, extent, and layout of the replanning of blighted districts and slum areas. The commission may from time to time propose amendments, extensions, or additions to the plan or carry any of the subject matter into greater detail.
Source:
SL 1949, ch 198, §5; SDC Supp 1960, §45.3305; SL 1966, ch 145; SL 1975, ch 116, §8.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-15 - Surveys and studies in preparation of comprehensive plan--Purposes of plan.

11-6-15. Surveys and studies in preparation of comprehensive plan--Purposes of plan.
In the preparation of the comprehensive plan, the planning commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the municipality and its environs. The plan shall be made with the purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the municipality, which will, in accordance with existing and future needs, best promote health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development.
Source:
SL 1949, ch 198, §6; SDC Supp 1960, §45.3306; SL 1966, ch 145.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-16 - Plan proposed as a whole or in part.

11-6-16. Plan proposed as a whole or in part.
The planning commission shall propose to the council the comprehensive plan as a whole by a single resolution, or, as the work of making the whole comprehensive plan progresses, may from time to time propose a part or parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan.
Source:
SL 1949, ch 198, §7; SDC Supp 1960, §45.3307; SL 1966, ch 145; SL 1975, ch 116, §9.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-17 - Public hearing required before recommendation of plan to council--Notice--Submission.

11-6-17. Public hearing required before recommendation of plan to council--Notice--Submission.
Before recommendation to the council of the comprehensive plan or part thereof, the planning commission 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. The planning commission shall submit the recommended comprehensive plan or part thereof to the municipal council.
Source:
SL 1949, ch 198, §7; SDC Supp 1960, §45.3307; SL 1966, ch 145; SL 1975, ch 116, §10; SL 1983, ch 105, §4; SL 1992, ch 60, §2; SL 1999, ch 65, §14.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-18 - Vote required for adoption of plan--Notice and hearing--Reference to maps and descriptive matters--Signature of mayor--Ordinance subject to publication and protest provisions.

11-6-18. Vote required for adoption of plan--Notice and hearing--Reference to maps and descriptive matters--Signature of mayor--Ordinance subject to publication and protest provisions.
The adoption by the municipal council of the plan or any part, amendment or additions, shall, following the same type of notice and public hearing as required by §11-6-17, be by resolution carried by the affirmative votes of not less than a majority of all the members of the council. The resolution shall refer expressly to the maps, descriptive matter, and other matters intended by the council to form the whole or part of the plan, and the action taken shall be recorded on the adopted plan or part thereof, by the identifying signature of the mayor of the municipality. If a zoning ordinance is included as an adjunct to the comprehensive plan, or any part, amendment or addition, that zoning ordinance shall be subject to the provisions of §11-4-5.
Source:
SL 1949, ch 198, §7; SDC Supp 1960, §45.3307; SL 1966, ch 145; SL 1975, ch 116, §11.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-18.1 - Filing of action adopting comprehensive plan.

11-6-18.1. Filing of action adopting comprehensive plan.
The action of the municipal council, in adopting the comprehensive plan, shall be filed with the auditor or clerk.
Source:
SL 1975, ch 116, §12; SL 1983, ch 105, §5; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-18.2 - Summary of city council action to be published--Notice of public inspection.

11-6-18.2. Summary of city council action to be published--Notice of public inspection.
A summary of the action of the city council shall be prepared by the city finance officer, auditor, clerk, or planning commission, reviewed by the city attorney, and published once in a legal newspaper of the municipality and take effect on the twentieth day after its publication. Any summary published under the provisions of this chapter shall contain a notification that the public may inspect the entire comprehensive plan or any part, adjunct, amendment, or additions to the comprehensive plan at the office of the city auditor or clerk during regular business hours.
Source:
SL 1975, ch 116, §12; SL 1992, ch 60, §2; SL 1999, ch 65, §15; SL 2012, ch 54, §3.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-24 - Recommendation and adoption of building and setback regulations--Public hearing and notice required.

11-6-24. Recommendation and adoption of building and setback regulations--Public hearing and notice required.
From and after the time when the city council of any municipality shall have adopted a comprehensive plan which includes at least a major street plan or shall have progressed in its comprehensive planning to the stage of the making and adoption of a major street plan, the planning commission may recommend and the city council is hereby authorized and empowered by ordinance to establish, regulate, and limit, and to change and amend, building or setback lines on such streets and to prohibit any new building being located within such building or setback lines. The regulations authorized by this section shall not be adopted, changed, or amended until a public hearing has been held thereon, following the same notice as provided in §11-6-17.
Source:
SL 1949, ch 198, §10; SDC Supp 1960, §45.3310; SL 1966, ch 145; SL 1975, ch 116, §14.
2023 South Dakota Codified Laws › Title 11 - Planning, Zoning and Housing Programs › Chapter 06 - Comprehensive City Planning › Section 11-6-25 - Board of adjustment to consider variances in hardship cases--Municipal planning and zoning adjustment provisions apply.

11-6-25. Board of adjustment to consider variances in hardship cases--Municipal planning and zoning adjustment provisions apply.
The city council may provide for a board of adjustment, or may authorize the planning and zoning commission to serve as a board of adjustment to make special exceptions or grant variances to the regulations adopted under §11-6-24 in specific cases, in order that unwarranted hardship, which constitutes an unreasonable deprivation of use as distinguished from the mere grant of a privilege, may be avoided. The provisions of §§11-4-13 to 11-4-29, inclusive, shall apply to any actions under this section.
Source:
SL 1949, ch 198, §10; SDC Supp 1960, §45.3310; SL 1966, ch 145; SL 1975, ch 116, §15.