State Codes and Statutes

Statutes > South-dakota > Title-11 > Chapter-02

Section 11-2-1 - Definition of terms.
Section 11-2-2 - Appointment of county planning commission--Number of members--Acting aszoning commission.
Section 11-2-3 - Term of office of appointed commission members--Removal for cause--Ex officiomembers.
Section 11-2-3.1 - Meetings of planning commission.
Section 11-2-3.2 - Per diem and expenses of commission.
Section 11-2-3.3 - Information furnished by public officials--Examinations and surveys--Generalpowers of commission.
Section 11-2-4 - Employment of planning staff--Contracts for planning services.
Section 11-2-5 - Joint planning by counties--Sharing of expenses--Objectives of joint planning.
Section 11-2-6 - Grants from and agreements with federal and state agencies.
Section 11-2-7 - Contracts to provide planning and zoning services to municipalities--Municipalpowers exercised by county board.
Section 11-2-8 - Joint county-municipal planning activities--County planning commission asmunicipal planning commission.
Section 11-2-9 - Funds, equipment, and accommodations provided by county--Expenses of planningcommission members.
Section 11-2-10 - Temporary zoning controls--Purpose--Notice and public hearing required--Durationof controls--Renewal.
Section 11-2-10.1 - Injunction available against temporary zoning control--Grounds for injunction.
Section 11-2-11 - Preparation of comprehensive county plan and official controls--Municipalitiesincluded.
Section 11-2-12 - Purposes of comprehensive county plan.
Section 11-2-13 - Adoption of zoning ordinance.
Section 11-2-14 - Division of county into zoning districts--Matters regulated--Special considerations.
Section 11-2-15 - Highway, road and street maps--Features included--Setbacks.
Section 11-2-16 - Maps for public buildings and facilities--Protection of future sites.
Section 11-2-17 - Land development and subdivision regulations--Dedications for public purposes.
Section 11-2-17.1 - Permanent subdivision ordinances enacted by county commissioners--Counties withcomprehensive plans exempted--Notice and hearing requirements.
Section 11-2-17.2 - Repealed.
Section 11-2-17.3 - Ordinance authorizing conditional use of real property--Content--Approval ordisapproval of request.
Section 11-2-17.4 - Conditional use defined.
Section 11-2-18 - Planning commission hearings--Notice--Recommendations.
Section 11-2-19 - Publication of notice of hearing.
Section 11-2-20 - Action upon comprehensive plan by resolution or ordinance--Majority vote of boardrequired.
Section 11-2-20.1 - Coordinating comprehensive plan with federal resource management plans.
Section 11-2-21 - Filing of board action adopting comprehensive plan--Publication of notice of fact ofadoption--Public inspection.
Section 11-2-22 - Referendum on comprehensive plan, zoning ordinance, or subdivision ordinance--Land uses suspended until referendum completed.
Section 11-2-22.1 - Revision of plan, zoning ordinance, or subdivision ordinance after rejection byvoters.
Sections 11-2-23, 11-2-24 - Repealed. Construction to be approved by planning commission when covered by comprehensive plan--County commissioners overruling commission's disapproval
Section 11-2-24.1 - Approval by failure of planning commission to act in time--Exception if longerperiod granted.
Section 11-2-25 - Enforcement provided by county commissioners.
Section 11-2-25.1 - Repealed.
Section 11-2-26 - Continuance of nonconforming uses permitted--Discontinuance.
Section 11-2-27 - Regulations for control and elimination of nonconforming uses--Continuation ofexisting uses--Gradual elimination of discontinued nonconforming uses.
Section 11-2-28 - Changes in comprehensive county plan--Initiation by board or petition of landowners.
Section 11-2-28.1 - Petition by individual landowner for change in zoning--Notice to abuttinglandowners--Notice to county auditor of abutting county.
Section 11-2-28.2 - Public hearing on petition by landowners--Consideration and recommendation bycounty planning commission.
Section 11-2-29 - Hearing by planning commission on proposed change--Notice to be published andprovided to county auditor of abutting county.
Section 11-2-30 - Adoption or rejection by board--Publication of change--Referendum applicable.
Section 11-2-31 - Preparation by county commission of municipal plans and ordinances--Adoption bymunicipality.
Section 11-2-32 - Municipal planning and zoning powers unimpaired--Area of joint zoning authority.
Section 11-2-33 - Repealed.
Section 11-2-34 - Injunction proceedings to prevent or abate violations.
Section 11-2-35 - Mandamus proceedings instituted by taxpayer.
Section 11-2-36 - Repealed.
Section 11-2-37 - Special zoning area--Establishment on application or on board's initiative--Specialzoning area not permitted if comprehensive plans or zoning ordinances adopted.
Section 11-2-38 - Survey and map of territory to be zoned--Affidavit.
Section 11-2-39 - Census required--Verification--Signatures on incorporation application.
Section 11-2-40 - Public examination of survey, map and census.
Section 11-2-41 - Application to be by petition--Verification--Signatures required--Filing--Board'sproposal to be by resolution--Notice--Hearing.
Section 11-2-42 - Order declaring territory a special zoning area with voters' assent--Notice of election.
Section 11-2-43 - Notice by publication and by posting.
Section 11-2-44 - Voting hours.
Section 11-2-45 - Judges of election appointed--Election costs and supplies.
Section 11-2-46 - Form of ballot--Majority vote required.
Section 11-2-47 - Verified statement of number of ballots and votes--Order establishing and incorporating special zoning area.
Section 11-2-47.1 - Referendum on establishment and incorporation of special zoning area.
Section 11-2-48 - County funds authorized for payment of costs.
Section 11-2-49 - Appointment of board of adjustment or commission as board of adjustment--Rules--Variances to terms of ordinance.
Section 11-2-50 - Board of adjustment--Composition--Vacancies--Alternates.
Section 11-2-51 - Meetings of board of adjustment--Powers of chair--Meetings public.
Section 11-2-52 - Minutes of board meetings--Filing--Destruction of records.
Section 11-2-53 - Powers of board of adjustment.
Section 11-2-54 - Board of adjustment--Rules.
Section 11-2-55 - Appeals to board--Filing--Notice--Records transmitted.
Section 11-2-56 - Stay of proceedings pending appeal--Exceptions.
Sections 11-2-57, 11-2-58 - Public hearing of appeal--Notice. Decisions of board
Section 11-2-59 - Two-thirds majority required.
Section 11-2-60 - County commissioners as board of adjustment--Powers and duties--Chair--Two-thirds majority required.
Section 11-2-61 - Petition to court contesting decision of board.
Section 11-2-62 - Writ of certiorari to board to review decision--Time limit--Writ not stay ofproceedings--Restraining order.
Section 11-2-63 - Board may return certified copies of papers--Grounds of decision set forth.
Section 11-2-64 - Court may take evidence.
Section 11-2-65 - Court may reverse or affirm decision of board--Costs.
Section 11-2-66 - Cement Plant Commission property zoned as private business.

State Codes and Statutes

Statutes > South-dakota > Title-11 > Chapter-02

Section 11-2-1 - Definition of terms.
Section 11-2-2 - Appointment of county planning commission--Number of members--Acting aszoning commission.
Section 11-2-3 - Term of office of appointed commission members--Removal for cause--Ex officiomembers.
Section 11-2-3.1 - Meetings of planning commission.
Section 11-2-3.2 - Per diem and expenses of commission.
Section 11-2-3.3 - Information furnished by public officials--Examinations and surveys--Generalpowers of commission.
Section 11-2-4 - Employment of planning staff--Contracts for planning services.
Section 11-2-5 - Joint planning by counties--Sharing of expenses--Objectives of joint planning.
Section 11-2-6 - Grants from and agreements with federal and state agencies.
Section 11-2-7 - Contracts to provide planning and zoning services to municipalities--Municipalpowers exercised by county board.
Section 11-2-8 - Joint county-municipal planning activities--County planning commission asmunicipal planning commission.
Section 11-2-9 - Funds, equipment, and accommodations provided by county--Expenses of planningcommission members.
Section 11-2-10 - Temporary zoning controls--Purpose--Notice and public hearing required--Durationof controls--Renewal.
Section 11-2-10.1 - Injunction available against temporary zoning control--Grounds for injunction.
Section 11-2-11 - Preparation of comprehensive county plan and official controls--Municipalitiesincluded.
Section 11-2-12 - Purposes of comprehensive county plan.
Section 11-2-13 - Adoption of zoning ordinance.
Section 11-2-14 - Division of county into zoning districts--Matters regulated--Special considerations.
Section 11-2-15 - Highway, road and street maps--Features included--Setbacks.
Section 11-2-16 - Maps for public buildings and facilities--Protection of future sites.
Section 11-2-17 - Land development and subdivision regulations--Dedications for public purposes.
Section 11-2-17.1 - Permanent subdivision ordinances enacted by county commissioners--Counties withcomprehensive plans exempted--Notice and hearing requirements.
Section 11-2-17.2 - Repealed.
Section 11-2-17.3 - Ordinance authorizing conditional use of real property--Content--Approval ordisapproval of request.
Section 11-2-17.4 - Conditional use defined.
Section 11-2-18 - Planning commission hearings--Notice--Recommendations.
Section 11-2-19 - Publication of notice of hearing.
Section 11-2-20 - Action upon comprehensive plan by resolution or ordinance--Majority vote of boardrequired.
Section 11-2-20.1 - Coordinating comprehensive plan with federal resource management plans.
Section 11-2-21 - Filing of board action adopting comprehensive plan--Publication of notice of fact ofadoption--Public inspection.
Section 11-2-22 - Referendum on comprehensive plan, zoning ordinance, or subdivision ordinance--Land uses suspended until referendum completed.
Section 11-2-22.1 - Revision of plan, zoning ordinance, or subdivision ordinance after rejection byvoters.
Sections 11-2-23, 11-2-24 - Repealed. Construction to be approved by planning commission when covered by comprehensive plan--County commissioners overruling commission's disapproval
Section 11-2-24.1 - Approval by failure of planning commission to act in time--Exception if longerperiod granted.
Section 11-2-25 - Enforcement provided by county commissioners.
Section 11-2-25.1 - Repealed.
Section 11-2-26 - Continuance of nonconforming uses permitted--Discontinuance.
Section 11-2-27 - Regulations for control and elimination of nonconforming uses--Continuation ofexisting uses--Gradual elimination of discontinued nonconforming uses.
Section 11-2-28 - Changes in comprehensive county plan--Initiation by board or petition of landowners.
Section 11-2-28.1 - Petition by individual landowner for change in zoning--Notice to abuttinglandowners--Notice to county auditor of abutting county.
Section 11-2-28.2 - Public hearing on petition by landowners--Consideration and recommendation bycounty planning commission.
Section 11-2-29 - Hearing by planning commission on proposed change--Notice to be published andprovided to county auditor of abutting county.
Section 11-2-30 - Adoption or rejection by board--Publication of change--Referendum applicable.
Section 11-2-31 - Preparation by county commission of municipal plans and ordinances--Adoption bymunicipality.
Section 11-2-32 - Municipal planning and zoning powers unimpaired--Area of joint zoning authority.
Section 11-2-33 - Repealed.
Section 11-2-34 - Injunction proceedings to prevent or abate violations.
Section 11-2-35 - Mandamus proceedings instituted by taxpayer.
Section 11-2-36 - Repealed.
Section 11-2-37 - Special zoning area--Establishment on application or on board's initiative--Specialzoning area not permitted if comprehensive plans or zoning ordinances adopted.
Section 11-2-38 - Survey and map of territory to be zoned--Affidavit.
Section 11-2-39 - Census required--Verification--Signatures on incorporation application.
Section 11-2-40 - Public examination of survey, map and census.
Section 11-2-41 - Application to be by petition--Verification--Signatures required--Filing--Board'sproposal to be by resolution--Notice--Hearing.
Section 11-2-42 - Order declaring territory a special zoning area with voters' assent--Notice of election.
Section 11-2-43 - Notice by publication and by posting.
Section 11-2-44 - Voting hours.
Section 11-2-45 - Judges of election appointed--Election costs and supplies.
Section 11-2-46 - Form of ballot--Majority vote required.
Section 11-2-47 - Verified statement of number of ballots and votes--Order establishing and incorporating special zoning area.
Section 11-2-47.1 - Referendum on establishment and incorporation of special zoning area.
Section 11-2-48 - County funds authorized for payment of costs.
Section 11-2-49 - Appointment of board of adjustment or commission as board of adjustment--Rules--Variances to terms of ordinance.
Section 11-2-50 - Board of adjustment--Composition--Vacancies--Alternates.
Section 11-2-51 - Meetings of board of adjustment--Powers of chair--Meetings public.
Section 11-2-52 - Minutes of board meetings--Filing--Destruction of records.
Section 11-2-53 - Powers of board of adjustment.
Section 11-2-54 - Board of adjustment--Rules.
Section 11-2-55 - Appeals to board--Filing--Notice--Records transmitted.
Section 11-2-56 - Stay of proceedings pending appeal--Exceptions.
Sections 11-2-57, 11-2-58 - Public hearing of appeal--Notice. Decisions of board
Section 11-2-59 - Two-thirds majority required.
Section 11-2-60 - County commissioners as board of adjustment--Powers and duties--Chair--Two-thirds majority required.
Section 11-2-61 - Petition to court contesting decision of board.
Section 11-2-62 - Writ of certiorari to board to review decision--Time limit--Writ not stay ofproceedings--Restraining order.
Section 11-2-63 - Board may return certified copies of papers--Grounds of decision set forth.
Section 11-2-64 - Court may take evidence.
Section 11-2-65 - Court may reverse or affirm decision of board--Costs.
Section 11-2-66 - Cement Plant Commission property zoned as private business.

State Codes and Statutes

State Codes and Statutes

Statutes > South-dakota > Title-11 > Chapter-02

Section 11-2-1 - Definition of terms.
Section 11-2-2 - Appointment of county planning commission--Number of members--Acting aszoning commission.
Section 11-2-3 - Term of office of appointed commission members--Removal for cause--Ex officiomembers.
Section 11-2-3.1 - Meetings of planning commission.
Section 11-2-3.2 - Per diem and expenses of commission.
Section 11-2-3.3 - Information furnished by public officials--Examinations and surveys--Generalpowers of commission.
Section 11-2-4 - Employment of planning staff--Contracts for planning services.
Section 11-2-5 - Joint planning by counties--Sharing of expenses--Objectives of joint planning.
Section 11-2-6 - Grants from and agreements with federal and state agencies.
Section 11-2-7 - Contracts to provide planning and zoning services to municipalities--Municipalpowers exercised by county board.
Section 11-2-8 - Joint county-municipal planning activities--County planning commission asmunicipal planning commission.
Section 11-2-9 - Funds, equipment, and accommodations provided by county--Expenses of planningcommission members.
Section 11-2-10 - Temporary zoning controls--Purpose--Notice and public hearing required--Durationof controls--Renewal.
Section 11-2-10.1 - Injunction available against temporary zoning control--Grounds for injunction.
Section 11-2-11 - Preparation of comprehensive county plan and official controls--Municipalitiesincluded.
Section 11-2-12 - Purposes of comprehensive county plan.
Section 11-2-13 - Adoption of zoning ordinance.
Section 11-2-14 - Division of county into zoning districts--Matters regulated--Special considerations.
Section 11-2-15 - Highway, road and street maps--Features included--Setbacks.
Section 11-2-16 - Maps for public buildings and facilities--Protection of future sites.
Section 11-2-17 - Land development and subdivision regulations--Dedications for public purposes.
Section 11-2-17.1 - Permanent subdivision ordinances enacted by county commissioners--Counties withcomprehensive plans exempted--Notice and hearing requirements.
Section 11-2-17.2 - Repealed.
Section 11-2-17.3 - Ordinance authorizing conditional use of real property--Content--Approval ordisapproval of request.
Section 11-2-17.4 - Conditional use defined.
Section 11-2-18 - Planning commission hearings--Notice--Recommendations.
Section 11-2-19 - Publication of notice of hearing.
Section 11-2-20 - Action upon comprehensive plan by resolution or ordinance--Majority vote of boardrequired.
Section 11-2-20.1 - Coordinating comprehensive plan with federal resource management plans.
Section 11-2-21 - Filing of board action adopting comprehensive plan--Publication of notice of fact ofadoption--Public inspection.
Section 11-2-22 - Referendum on comprehensive plan, zoning ordinance, or subdivision ordinance--Land uses suspended until referendum completed.
Section 11-2-22.1 - Revision of plan, zoning ordinance, or subdivision ordinance after rejection byvoters.
Sections 11-2-23, 11-2-24 - Repealed. Construction to be approved by planning commission when covered by comprehensive plan--County commissioners overruling commission's disapproval
Section 11-2-24.1 - Approval by failure of planning commission to act in time--Exception if longerperiod granted.
Section 11-2-25 - Enforcement provided by county commissioners.
Section 11-2-25.1 - Repealed.
Section 11-2-26 - Continuance of nonconforming uses permitted--Discontinuance.
Section 11-2-27 - Regulations for control and elimination of nonconforming uses--Continuation ofexisting uses--Gradual elimination of discontinued nonconforming uses.
Section 11-2-28 - Changes in comprehensive county plan--Initiation by board or petition of landowners.
Section 11-2-28.1 - Petition by individual landowner for change in zoning--Notice to abuttinglandowners--Notice to county auditor of abutting county.
Section 11-2-28.2 - Public hearing on petition by landowners--Consideration and recommendation bycounty planning commission.
Section 11-2-29 - Hearing by planning commission on proposed change--Notice to be published andprovided to county auditor of abutting county.
Section 11-2-30 - Adoption or rejection by board--Publication of change--Referendum applicable.
Section 11-2-31 - Preparation by county commission of municipal plans and ordinances--Adoption bymunicipality.
Section 11-2-32 - Municipal planning and zoning powers unimpaired--Area of joint zoning authority.
Section 11-2-33 - Repealed.
Section 11-2-34 - Injunction proceedings to prevent or abate violations.
Section 11-2-35 - Mandamus proceedings instituted by taxpayer.
Section 11-2-36 - Repealed.
Section 11-2-37 - Special zoning area--Establishment on application or on board's initiative--Specialzoning area not permitted if comprehensive plans or zoning ordinances adopted.
Section 11-2-38 - Survey and map of territory to be zoned--Affidavit.
Section 11-2-39 - Census required--Verification--Signatures on incorporation application.
Section 11-2-40 - Public examination of survey, map and census.
Section 11-2-41 - Application to be by petition--Verification--Signatures required--Filing--Board'sproposal to be by resolution--Notice--Hearing.
Section 11-2-42 - Order declaring territory a special zoning area with voters' assent--Notice of election.
Section 11-2-43 - Notice by publication and by posting.
Section 11-2-44 - Voting hours.
Section 11-2-45 - Judges of election appointed--Election costs and supplies.
Section 11-2-46 - Form of ballot--Majority vote required.
Section 11-2-47 - Verified statement of number of ballots and votes--Order establishing and incorporating special zoning area.
Section 11-2-47.1 - Referendum on establishment and incorporation of special zoning area.
Section 11-2-48 - County funds authorized for payment of costs.
Section 11-2-49 - Appointment of board of adjustment or commission as board of adjustment--Rules--Variances to terms of ordinance.
Section 11-2-50 - Board of adjustment--Composition--Vacancies--Alternates.
Section 11-2-51 - Meetings of board of adjustment--Powers of chair--Meetings public.
Section 11-2-52 - Minutes of board meetings--Filing--Destruction of records.
Section 11-2-53 - Powers of board of adjustment.
Section 11-2-54 - Board of adjustment--Rules.
Section 11-2-55 - Appeals to board--Filing--Notice--Records transmitted.
Section 11-2-56 - Stay of proceedings pending appeal--Exceptions.
Sections 11-2-57, 11-2-58 - Public hearing of appeal--Notice. Decisions of board
Section 11-2-59 - Two-thirds majority required.
Section 11-2-60 - County commissioners as board of adjustment--Powers and duties--Chair--Two-thirds majority required.
Section 11-2-61 - Petition to court contesting decision of board.
Section 11-2-62 - Writ of certiorari to board to review decision--Time limit--Writ not stay ofproceedings--Restraining order.
Section 11-2-63 - Board may return certified copies of papers--Grounds of decision set forth.
Section 11-2-64 - Court may take evidence.
Section 11-2-65 - Court may reverse or affirm decision of board--Costs.
Section 11-2-66 - Cement Plant Commission property zoned as private business.