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South Dakota Codified Laws
Title 11
Chapter 11-2
S.D. Codified Laws ch. 11-2
County Planning and Zoning
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11-2-1
Definition of terms.
11-2-1.1
Aggrieved persons--Requirements.
11-2-2
Appointment of county planning commission--Number of members--Acting as zoning commission.
11-2-3
Term of office of appointed commission members--Removal for cause--Ex officio members.
11-2-3.1
Meetings of planning commission.
11-2-3.2
Per diem and expenses of commission.
11-2-3.3
Information furnished by public officials--Examinations and surveys--General powers of commission.
11-2-4
Employment of planning staff--Contracts for planning services.
11-2-5
Joint planning by counties--Sharing of expenses--Objectives of joint planning.
11-2-6
Grants from and agreements with federal and state agencies.
11-2-7
Contracts to provide planning and zoning services to municipalities--Municipal powers exercised by county board.
11-2-8
Joint county-municipal planning activities--County planning commission as municipal planning commission.
11-2-9
Funds, equipment, and accommodations provided by county--Expenses of planning commission members.
11-2-10
Temporary zoning controls--Purpose--Notice and public hearing required--Duration of controls--Renewal.
11-2-10.1
Injunction available against temporary zoning control--Grounds for injunction.
11-2-11
Preparation of comprehensive county plan and official controls--Municipalities included.
11-2-12
Purposes of comprehensive county plan.
11-2-13
Adoption of zoning ordinance.
11-2-14
Division of county into zoning districts--Matters regulated--Special considerations.
11-2-15
Highway, road and street maps--Features included--Setbacks.
11-2-16
Maps for public buildings and facilities--Protection of future sites.
11-2-17
Land development and subdivision regulations--Dedications for public purposes.
11-2-17.1
Permanent subdivision ordinances enacted by county commissioners--Counties with comprehensive plans exempted--Notice and hearing requirements.
11-2-17.2
Repealed
Repealed
11-2-17.3
Conditional use of real property--Ordinance--Content--Approval or disapproval.
11-2-17.4
Conditional use defined.
11-2-17.5
Special permitted uses.
11-2-17.8
Zoning determination--Well.
11-2-17.6
Special permitted uses--Exceptions.
11-2-17.7
Conditional use application--Impact on neighboring land.
11-2-18
Planning commission hearings--Notice--Recommendations.
11-2-19
Publication of notice of hearing.
11-2-20
Action upon comprehensive plan by resolution or ordinance--Majority vote of board required.
11-2-20.1
Coordinating comprehensive plan with federal resource management plans.
11-2-21
Filing of board action adopting comprehensive plan--Publication of notice of fact of adoption--Public inspection.
11-2-22
Referendum on comprehensive plan, zoning ordinance, or subdivision ordinance--Land uses suspended until referendum completed.
11-2-22.1
Revision of plan, zoning ordinance, or subdivision ordinance after rejection by voters.
11-2-23
Repealed
Repealed
11-2-24
Construction to be approved by planning commission when covered by comprehensive plan--County commissioners overruling commission's disapproval.
11-2-24.1
Approval by failure of planning commission to act in time--Exception if longer period granted.
11-2-25
Enforcement provided by county commissioners.
11-2-25.1
Repealed
Repealed
11-2-26
Continuance of nonconforming uses permitted--Discontinuance.
11-2-27
Regulations for control and elimination of nonconforming uses--Continuation of existing uses--Gradual elimination of discontinued nonconforming uses.
11-2-28
Changes in comprehensive county plan--Initiation by board or petition of landowners.
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.
11-2-28.2
Petition by landowners--Filing--Presentation to commission--Planning commission hearing, recommendation--Board hearing, action.
11-2-28.3
Sign to notify public about petition and hearing on zoning change or conditional use permit.
11-2-29
Hearing on proposed change--Notice.
11-2-30
Adoption or rejection by board--Publication--Referendum provisions applicable.
11-2-31
Preparation by county commission of municipal plans and ordinances--Adoption by municipality.
11-2-32
Municipal planning and zoning powers unimpaired--Area of joint zoning authority.
11-2-33
Repealed
Repealed
11-2-34
Injunction proceedings to prevent or abate violations.
11-2-35
Mandamus proceedings instituted by taxpayer.
11-2-36
Repealed
Repealed
11-2-37
Special zoning area--Establishment or enlargement--Prohibition where comprehensive plans or zoning ordinances adopted.
11-2-37.1
Proposed special zoning area defined.
11-2-38
Survey and map of territory to be zoned--Affidavit.
11-2-39
Repealed
Repealed
11-2-40
Public examination of survey and map.
11-2-41
Verified petition--Signatures required--Filing--Proposal by board resolution--Notice--Hearing.
11-2-42
Order declaring territory a special zoning area with voters' assent--Notice of election.
11-2-43
Notice by publication and by posting.
11-2-44
Voting hours.
11-2-45
Judges of election appointed--Election costs and supplies.
11-2-46
Form of ballot--Majority vote required.
11-2-47
Verified statement of number of ballots and votes--Hearing on board proposal--Order incorporating special zoning area.
11-2-47.1
Referendum on incorporation of special zoning area.
11-2-47.2
Special zoning area commission or planning and zoning commission to have jurisdiction.
11-2-47.3
Special zoning area commission member appointment--Terms--Removal.
11-2-48
County funds authorized for payment of costs.
11-2-49
Appointment of board of adjustment or commission as board of adjustment--Rules--Variances to terms of ordinance.
11-2-50
Board of adjustment--Composition--Vacancies--Alternates.
11-2-51
Meetings of board of adjustment--Powers of chair--Meetings public.
11-2-52
Minutes of board meetings--Filing--Destruction of records.
11-2-53
Board of adjustment--Powers.
11-2-54
Board of adjustment--Rules.
11-2-55
Appeals--Notice--Records transmitted--Expedited process.
11-2-56
Stay of proceedings pending appeal--Exceptions.
11-2-57
Public hearing of appeal--Notice.
11-2-58
Decisions of board.
11-2-59
Reversal--Two-thirds majority vote.
11-2-60
County commissioners as board of adjustment--Powers--Chair--Two-thirds majority vote.
11-2-61
Petition to court contesting decision of board--Requirements.
11-2-61.1
Appeal of grant or denial of conditional use permit.
11-2-62
Writ of certiorari to board to review decision--Time limit--Writ not stay of proceedings--Restraining order.
11-2-62.1
Expedited determinations.
11-2-63
Board may return certified copies of papers--Grounds of decision set forth.
11-2-64
Court may take evidence.
11-2-65
Court may reverse or affirm decision of board--Costs.
11-2-65.1
Special permitted use, conditional use, variance--Expiration--Enforceability.
11-2-66
Cement Plant Commission property zoned as private business.
11-2-67
Repealed
Repealed
11-2-68
Conditional use applications and appeals--Written notice to township officers--Timeframe.