Title 11 — PLANNING, ZONING AND HOUSING PROGRAMS

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.

11-6-13. Repealed by SL 1975, ch 116 , § 24 11-6-13.1. Repealed by SL 2003, ch 77 , § 7

A major street plan is defined as a document that consists of a map or written narrative, or both, of a municipality's future collector and arterial streets that are incorporated as a part of a municipality's comprehensive plan or as a stand-alone document that has been approved …

Source: SL 1949, ch 198 , § 7; SDC Supp 1960, § 45.3307; SL 1966, ch 145 ; SL 1975, ch 116 , § 11.

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 m…

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 …

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…

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 t…

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 jo…

Repealed by SL 1975, ch 116 , § 24 11-6-13.1

11-6-14 Preparation of comprehensive plan for municipal development--Contents of plan--Changes or additions. 11-6-15 Surveys and studies in preparation of comprehensive plan--Purposes of plan. 11-6-16 Plan proposed as a whole or in part. 11-6-17 Public hearing required before rec…

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 …

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 mu…

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 accomp…

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 …

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 …

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 co…

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.

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…

The referendum provisions of §§ 9-20-6 to 9-20-16 , inclusive, shall be applicable to the action of the city council. If the voters shall reject the proposed comprehensive plan, the city council may cause the planning and zoning commission to revise the plan or parts thereof and …

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 …

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 plannin…

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 hard…

Before an adoption of its subdivision regulations or any amendment thereof, the council 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. An…

In the case of land over which there is joint municipal - county zoning jurisdiction, the plats may not be filed or recorded until the plats have also been submitted to the county planning and zoning commission for review and recommendation to the city council. The county plannin…

In exercising the duties granted to it by this chapter, the planning commission shall recommend and the council shall by ordinance adopt regulations governing the subdivision of land within its jurisdiction as defined in §

Subdivision regulations may include requirements as to the extent to which and the manner in which the streets of the subdivision shall be graded and improved, and water, sewer, and other utility mains, piping, connections, or other facilities shall be installed as a condition pr…

Subdivision regulations may provide that, in lieu of the completion of such work and installations previous to the final approval of a plat, the council may accept a bond, in an amount and with surety and conditions satisfactory to it, providing for and securing to the municipali…

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 pro…

Subdivision regulations may provide in lieu of the completion of such work and installations previous to the final approval of a plat for an assessment or other method whereby the municipality is put in an assured position to do said work and make said installations at the cost o…

Any subdivision of land containing two or more lots, no matter how described, shall be platted or replatted, and must be submitted to the planning commission for their consideration and recommendation to the council for approval or rejection or reviewed and approved in accordance…

The plat shall be approved or disapproved within ninety days after submission thereof; otherwise such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the council on demand; provided, however, that the applicant for the approval may w…

The approval of a plat by the council shall not be deemed to constitute or effect an acceptance by the municipality or public of the dedication of any street or other ground shown on the plat. Source: SL 1949, ch 198 , § 14; SDC Supp 1960, § 45.3314; SL 1966, ch 145 .

When any map, plan, plat, or replat is tendered for filing in the office of the register of deeds, the register of deeds or deputy shall determine whether such proposed map, plan, plat, or replat is or is not subject to the provisions of this chapter and whether the endorsements …

It is a petty offense for the owner or agent of the owner of the land located within the platting jurisdiction of any municipality as described in § 11-6-26 , knowingly or with intent to defraud, to transfer or sell, to agree to sell, or to negotiate to sell such land by referenc…

From and after the time when the platting jurisdiction of any municipality has attached by virtue of the adoption of a major street plan as provided in § 11-6-26 , the municipality or other public authority may not, except as provided by § 11-6-37 , accept, lay out, open, improve…

The council, or, in the case of a street outside of the municipality, the governing body of such outside territory, may locate and construct or may accept any other street if the ordinance or other measure for such location and construction or for such acceptance be first submitt…

From and after the time when the platting jurisdiction of any municipality has attached by reason of the adoption of a major street plan as provided in § 11-6-26 , no building permit may be issued for or no building may be erected on any lot within the territorial jurisdiction of…

The lawful use of land or premises existing at the time of the adoption of the zoning ordinance may be continued, even though the use, lot, or occupancy does not conform to the provisions of the zoning ordinance. If the nonconforming use is discontinued for a period of more than …

11-6-4.2

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 ou…

Repealed by SL 1995, ch 49 , §§ 23, 24 11-6-7 Employees appointed by city council--Contracts for special services. 11-6-8 Information furnished by public officials--Examinations and surveys--General powers of commission. 11-6-9 Expenditures of planning and zoning commission--Fund…

Any municipality with a population of fifty thousand or more or any municipality located in a county with a population of fifty thousand or more, if such municipality has adopted a comprehensive plan pursuant to this chapter, the municipality may require by ordinance that any par…

Any municipality authorized under § 11-6-40 to require by ordinance that a parcel of land be platted before the sale or transfer of the land may also allow by ordinance for a transfer of ownership plat option that is only for the purpose to plat one larger piece of land to transf…

If a landowner petitions the commission for a change in the zoning applied to the landowner's land or petitions a board for a conditional use permit and a local ordinance requires the landowner to post a sign to notify the public about the petition and the hearing on the petition…

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 municip…

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 noti…

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 accommodation…