Title 11 — PLANNING, ZONING AND HOUSING PROGRAMS

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.

Repealed by SL 2012, ch 78 , § 55.

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 …

Repealed by SL 2012, ch 78 , § 61.

Source: SL 1978, ch 213 , § 1; SDCL Supp, § 28-19-34.1.

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…

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…

Terms used in this chapter mean: (1) "Authority," the South Dakota Housing Development Authority; (2) "Housing infrastructure," the installation, replacement, upgrade, or improvement of public infrastructure for the support of a single-family or multi-family housing project; and …

A loan made pursuant to § 11-15-9 must: (1) Bear interest payable at the rate of two percent per year; (2) Be unsecured; (3) Require equal annual payments based on a twenty-year amortization; (4) Require that the first payment be due one year from the date of the funding of the l…

A loan made pursuant to § 11-15-9 to a municipality is exempt from the provisions of chapters 6-8B and 9-25 , but the loan is subject to the constitutional limitations of municipal indebtedness. A loan made pursuant to § 11-15-9 to a regional airport authority, created pursuant t…

There is hereby created the South Dakota housing infrastructure fund, to be administered by the authority, for the purpose of making loans and grants for housing infrastructure projects. Any repayment of the principal amount of a loan, and any interest thereon must be deposited i…

The authority shall distribute monies from the South Dakota housing infrastructure fund, created in § 11-15-2 , as follows: (1) Thirty percent for housing infrastructure in municipalities having a population of fifty thousand or more; and (2) Seventy percent for housing infrastru…

The authority may make loans from the South Dakota housing infrastructure fund, created in § 11-15-2 , for housing infrastructure projects. The principal amount of a loan may not exceed one-third of the total cost of the housing infrastructure project. The authority may use up to…

The authority may award grants from the South Dakota housing infrastructure fund, created in § 11-15-2 , for housing infrastructure projects. The amount of the grant may not exceed one-third of the total cost of the housing infrastructure project. The authority may use up to one …

The authority shall promulgate rules, pursuant to chapter 1-26 , specifying the criteria and process for the application, approval, and disbursement of: (1) Loans and grants provided in accordance with §§ 11-15-1 to 11-15-5 , inclusive, and § 11-15-7 ; (2) Loans provided in accor…

On or before August first of each year, the authority shall submit a report to the special committee, created by § 4-8A-2 , detailing the number, amounts, and recipients of loans and grants provided by the South Dakota housing infrastructure fund created in § 11-15-2 and other re…