Title 11, PLANNING, ZONING AND HOUSING PROGRAMS

The findings of fact by the board of appeals, if supported by substantial evidence, shall be accepted by the circuit court as conclusive, and no objection to a decision of the board shall be considered by the court unless such objections shall have been urged before the board, or…

Costs shall not be allowed against the board of appeals unless it appears to the circuit court that it acted with gross negligence, in bad faith, or with malice, in making the decision appealed from. Source: SL 1943, ch 2 , § 7; SDC Supp 1960, § 2.0514 (5); SDCL § 50-10-26 ; SL 2…

In addition, either the political subdivision within which the property is located or the commission may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of chapter 50-10 , or of airport zoning regulations adopted u…

In any case in which: (1) It is desired to remove, lower, or otherwise terminate a nonconforming use; (2) The approach protection necessary according to the airport layout plan cannot, because of constitutional limitations, be provided by airport zoning regulations under chapter …

The governing body of any political subdivision adopting airport zoning regulations under chapter 50-10 may delegate the duty of administering and enforcing the regulations to any administrative agency under its jurisdiction. The administrative agency may not be or include any me…

Airport zoning regulations adopted under chapter 50-10 shall provide for the appointment of a board of appeals to: (1) Hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of chapter 50-10 or of any o…

The board established pursuant to § 11-14-3 shall adopt rules in accordance with the provisions of any ordinance adopted under chapter 50-10 . Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. The chair, or in the cha…

Appeals to the board established pursuant to § 11-14-3 may be taken by any person aggrieved, or by any officer, department, board, or bureau of the political subdivision affected, by any decision of the administrative agency. An appeal must be taken within a reasonable time, as p…

An appeal pursuant to § 11-14-3 shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate…

The board of appeals shall fix a reasonable time for the hearing of an appeal pursuant to § 11-14-3 , give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by atto…

The board of appeals may, in conformity with the provisions of chapter 50-10 , reverse or affirm, wholly or partially, or modify, the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made,…

The concurring vote of a majority of the members of the board of appeals shall be sufficient to reverse any order, requirement, decision, or determination of the administrative agency, or to decide in favor of the applicant on any matter upon which it is required to pass under an…