Title 11 — PLANNING, ZONING AND HOUSING PROGRAMS
17 chapters · 652 sections in this title.
SDCL § 11-14-1 Adoption or change of zoning regulations by local governing body--Public hearing--Notice
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No airport zoning regulations may be adopted, amended, or changed under chapter 50-10 except by action of the governing body of the political subdivision in question after a public hearing at which parties in interest and citizens shall have an opportunity to be heard. Notice of …
SDCL § 11-14-10 Appeal to circuit court from board of appeals--Petition--Time for petition
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Any person aggrieved by any decision of the board of appeals, or any taxpayer, or any officer, department, board, or bureau of the political subdivision, may present to the circuit court a verified petition setting forth that the decision is illegal, in whole or in part, and spec…
SDCL § 11-14-11 Certiorari to board of appeals--Writ as not staying proceedings--Grant of restraining order--Return to writ
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Upon presentation of a petition pursuant to § 11-14-10 , the circuit court may allow a writ of certiorari directed to the board of appeals to review such decision of the board. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may…
SDCL § 11-14-12 Jurisdiction of court--Further proceedings by board of appeals
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The circuit court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review pursuant to § 11-14-11 , in whole or in part, and if need be, to order further proceedings by the board of appeals. Source: SL 1943, ch 2 , § 7; SDC Supp 1960, §…
SDCL § 11-14-13 Findings of fact as conclusive on court--Objections not urged before board
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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…
SDCL § 11-14-14 Allowance of costs
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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…
SDCL § 11-14-15 Court action against violators--Injunction
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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…
SDCL § 11-14-2 Delegation of zoning administration and enforcement
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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…
SDCL § 11-14-3 Board of appeals--Duties
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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…
SDCL § 11-14-4 Promulgation of rules--Meetings--Witnesses--Record of proceedings
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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…
SDCL § 11-14-5 Appeals to board--Time for appeal--Procedure
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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…
SDCL § 11-14-6 Stay of proceedings--Exception--Restraining order
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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…
SDCL § 11-14-7 Hearing of appeal--Notice of hearing
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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…
SDCL § 11-14-8 Actions of board--Scope of review
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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,…
SDCL § 11-14-9 Board to decide by majority vote
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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…