Title 11, PLANNING, ZONING AND HOUSING PROGRAMS

All moneys held in any capital reserve fund, except as provided in § 11-11-73 , shall be used, as required, solely for the payment of the principal of bonds secured in whole or in part by such fund or of the debt service fund payments hereinafter mentioned with respect to such bo…

The authority shall not at any time issue bonds secured in whole or in part by a capital reserve fund if upon the issuance of such bonds, the amount in such capital reserve fund will be less than the maximum capital reserve fund requirement for such fund, unless the authority at …

The chairman of the authority shall annually submit through the Bureau of Finance and Management to the Governor, in accordance with § 4-7-7 , a budget estimate stating the sum, if any, needed to restore the capital reserve fund to the maximum capital reserve fund requirement for…

The authority shall create and establish such other fund or funds as may be necessary or desirable for its corporate purposes. Source: SL 1973, ch 180 , § 41; SDCL Supp, § 28-19-68.

The authority may, subject to any agreement with bondholders, purchase bonds of the authority out of any funds or money of the authority available therefor, and hold, cancel, or resell such bonds. Source: SL 1973, ch 180 , § 12 (19); SDCL Supp, § 28-19-69; SL 2012, ch 78 , § 43.

The authority, subject to such agreements with bondholders as may then exist, may, out of any funds available therefor, purchase bonds of the authority for cancellation. Upon such purchase the bonds shall be canceled, at a price not exceeding: (1) If the bonds are then redeemable…

The authority may provide for the issuance of refunding obligations for the purpose of refunding any obligations then outstanding which have been issued under the provisions of this chapter, including the payment of any redemption premium thereon and any interest accrued or to ac…

Refunding obligations issued as provided in § 11-11-80 may be sold or exchanged for outstanding obligations issued under this chapter and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption, or payment of such o…

The issuance of bonds and the refunding of bonds under the provisions of this chapter need not comply with the requirements of any other state law applicable to the issuance of bonds or other obligations. Contracts for the construction and acquisition of any housing developments …

If the authority defaults in the payment of principal or of interest on any bonds issued under this chapter after the bonds become due, whether at maturity or upon call for redemption, and such default continues for a period of thirty days, or if the authority fails or refuses to…

A trustee appointed pursuant to § 11-11-83 may, and upon written request of the holders of fifty percent in principal amount of such bonds then outstanding shall, in the holder's own name, enforce all rights of the bondholders, including the right to: (1) Require the authority to…

As used in this chapter, unless the context otherwise requires, "housing development costs" means the sum total of all costs incurred in the development of a housing development or housing project which are approved by the authority as reasonable and necessary and which costs sha…

The circuit court has jurisdiction of any suit, action, or proceeding by the trustee on behalf of bondholders. Source: SL 1973, ch 180 , § 44; SDCL Supp, § 28-19-82; SL 2012, ch 78 , § 54.

The state hereby pledges to and agrees with the holders of any bonds issued under this chapter that the state will not limit or alter the rights hereby vested in the authority to fulfill the terms of any agreements made with the holders thereof or in any way impair the rights and…

Neither the commissioners or executive director of the authority nor any other person executing such bonds is subject to any personal liability or accountability by reason of the issuance of such bonds. Source: SL 1973, ch 180 , § 32; SDCL Supp, § 28-19-85; SL 2012, ch 78 , § 57.

Whether or not the bonds are of the form and character as to be negotiable instruments under the terms of the South Dakota Uniform Commercial Code, the bonds are hereby made negotiable instruments within the meaning of and for all the purposes of the South Dakota Uniform Commerci…

For the purposes of chapter 47-31B , bonds issued by the authority are deemed to be securities issued by a public instrumentality of the State of South Dakota. Source: SL 1973, ch 180 , § 50; SDCL Supp, § 28-19-87; SL 1989, ch 30 , § 33; SL 2004, ch 278 , § 59.

The state and all counties, municipalities, villages, and other municipal corporations, political subdivisions and public bodies, and public officers of any thereof, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and l…

The authority may enter into any contract that the authority determines necessary or appropriate to manage payment or interest rate risk for bonds issued pursuant to this chapter, the investment of proceeds, or other funds of the authority. The contracts may include: interest rat…

The authority may, subject to any agreement with bondholders, invest moneys of the authority, including proceeds from the sale of any bonds, in: (1) Direct obligations of or obligations guaranteed as to principal and interest by the United States of America or the State of South …

Terms used in this chapter mean: (1) "Adult arcade," any place to which the public is permitted or invited and in which coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producin…

No adult oriented business established after June 30, 2008, may be located within one-fourth mile of a child welfare agency, a private or public school, a public playground, a public recreational facility, a residence, or a place of worship. For the purposes of this section, meas…

No adult arcade, adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater, or nude model studio may remain open at any time between the hours of 2:00 a.m. and 8:00 a.m. on Monday through Saturday and between the hours of 2:00 a.m. and 12:00 noon …

Section 11-12-2 does not prohibit any county or municipality from enacting and enforcing any ordinance that regulates the location of an adult oriented business. Source: SL 2008, ch 61 , § 3.

Section 11-12-3 does not prohibit any county or municipality from enacting and enforcing any ordinance that regulates an adult arcade, adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater, or nude model studio. Source: SL 2008, ch 61 , § 4.

If there is reason to believe that a violation of § 11-12-2 is being committed in any county or city, the state's attorney of the county shall, or a citizen of this state who resides in the county or city in the citizen's own name may, maintain an action to abate and prevent the …

Terms used in this chapter mean: (1) "Administering agency," the South Dakota Housing Development Authority shall act as the administrative agency for the South Dakota housing opportunity fund; (2) "Affordable housing," housing is affordable if the total housing costs, which incl…

There is hereby created the South Dakota housing opportunity fund to be administered by the South Dakota Housing Development Authority for the purpose of preserving and expanding sustainable, affordable, and safe housing that is targeted to low and moderate income families and in…

The administrative agency shall: (1) Develop program guidelines; (2) Market the fund to eligible applicants; (3) Receive, review, and evaluate proposals; (4) Submit funding proposal recommendations to the oversight commission; (5) Administer annual monitoring and reporting on the…

Any for-profit entity, nonprofit entity, tribal government, housing authority, a political subdivision of this state or its agencies, or any agency of this state is eligible to apply for funding from the fund. No individual may apply for funding directly from the fund. Source: SL…

The South Dakota housing opportunity fund may be used to provide a grant, loan, loan guarantee, loan subsidy and other financial assistance to an eligible applicant. Money from the fund may be used to build, buy, and or rehabilitate affordable housing for rent or home ownership, …

Each year, money from South Dakota housing opportunity fund shall be set aside as follows: (1) Thirty percent shall be designated in municipalities that have a population of fifty thousand or more; and (2) Seventy percent shall be designated for the other areas of the state. If t…

The South Dakota housing opportunity fund shall be targeted to serve low to moderate income households with a maximum income at or below one hundred fifteen percent of the area median income based on United States Department of Housing and Urban Development (HUD) criteria. Source…

Awards from the fund shall be made through an application process. Each application shall be evaluated and scored based on criteria created by the administering agency and the oversight commission. Each applicant that is awarded money from the fund is encouraged to leverage the m…

The oversight commission shall submit to the Governor and the Legislature an annual report which includes the activity and use of funds for the South Dakota housing opportunity fund. Source: SL 2013, ch 7 , § 21, eff. Mar. 20, 2013.

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 …

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…

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…

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, §…

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…