Title 11, PLANNING, ZONING AND HOUSING PROGRAMS

Any conditional use permit granted pursuant to chapter 11-4 shall be considered a lawful use. No conditional use will be prohibited due to changes on neighboring land which occurred after the application for the conditional use is received. No conditional use shall be made noncon…

If a zoning ordinance is adopted, the ordinance is subject to the provisions of § 9-19-7 as a comprehensive regulation unless the referendum is invoked, or unless a written protest is filed with the auditor or clerk, signed by at least forty percent of the owners of equity in the…

Whenever the regulations made under authority of this chapter require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other hig…

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred thereby, the prop…

Regulations, restrictions, and boundaries adopted pursuant to this chapter may be amended, supplemented, changed, modified, or repealed. Any such modification or repeal shall be proposed in an ordinance presented to the governing body for adoption in the same manner and upon the …

The governing body may by ordinance require as a condition precedent to the introduction of any ordinance proposing changes in the zoning ordinance that there be first filed with the city auditor, finance officer, or clerk the written consent of the owners of not exceeding sixty …

It shall be lawful for the owner or owners of any real property situated in any first or second class municipality within this state to regulate and restrict by declaration or contract, as provided in § 11-5-2 , the height, number of stories, and size of buildings and other struc…

It is lawful for the owner of real property exercising the power conferred by § 11-5-1 to use an online management and communication platform for the purpose of voting online notwithstanding the provisions of chapters 47-22 and 47-23 . Source: SL 2024, ch 43 , § 1.

If a declaration or contract in writing, as provided in § 11-5-2 , fails to provide a provision permitting a modification to the declaration or contract, a vote of two-thirds of the owners of real property governed by the declaration or contract is required to modify the declarat…

Any property owner desiring to exercise the powers conferred by § 11-5-1 shall enter into a declaration or contract in writing specifying the regulations and restrictions which the property owner may desire to impose upon the property owned by him. The declaration or contract sha…

After the execution, recording, and filing of any declaration or contract executed pursuant to §§ 11-5-1 and 11-5-2 , the terms and conditions of the same may be enforced by action at law or by suit in equity brought by any person possessing any interest in the land affected by s…

The restrictions authorized by §§ 11-5-1 and 11-5-2 continue in force for a period as may be prescribed in a declaration or contract but not exceeding forty years from the date of such declaration or contract. Source: SL 1925, ch 243 , § 3; SDC 1939, § 45.2612; SL 2021, ch 56 , §…

The authority granted by § 11-5-1 and any declaration or contract made thereunder, shall be subject to the right of the first or second class municipality to exercise the powers and authorities conferred under chapter 11-4 at any time the municipality may elect to exercise such a…

Any declaration or contract made pursuant to §§ 11-5-1 and 11-5-2 may be revoked and canceled only by the execution by the persons executing the same of a deed of revocation, which deed of revocation shall be acknowledged and recorded in the office of the register of deeds and a …

Any homeowner, regardless of any private covenants, restrictions, bylaws, rules, or requirements may display one portable, removable official United States flag, not larger than four and one-half feet by six feet and may additionally display the official South Dakota State flag o…

Any homeowner, regardless of any private covenants, restrictions, bylaws, rules, or requirements, may erect a freestanding flagpole no more than twenty feet high on any portion of the homeowner's property, if the flagpole does not obstruct sightlines at intersections and is not e…

A homeowner's association may not include or enforce a provision in a governing document that prohibits, restricts, or has the effect of prohibiting or restricting the lawful: (1) Possession, transportation, or storing of a firearm, any part of a firearm, or firearm ammunition; o…

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…

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…

The following provisions apply to all subdivisions of land that are not approved pursuant to § 11-3-6 , and are located outside of municipal corporate limits: (1) A municipality may elect to approve subdivision plats outside of but not exceeding three miles from its corporate lim…

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 § 11-6-26 . Such regulations may provide for the harmonious…

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…