Title 11, PLANNING, ZONING AND HOUSING PROGRAMS
17 chapters · 616 sections in this title.
SDCL § 11-2-1 Definition of terms
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Terms used in this chapter mean: (1) "Board," the board of county commissioners; (2) "Commission," "planning and zoning commission," "zoning commission," or "planning commission," any county planning and zoning commission created under the terms of this chapter; (3) "Comprehensiv…
SDCL § 11-2-1.1 Aggrieved persons--Requirements
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For the purposes of this chapter, a person aggrieved is any person directly interested in the outcome of and aggrieved by a decision or action or failure to act pursuant to this chapter who: (1) Establishes that the person suffered an injury, an invasion of a legally protected in…
SDCL § 11-2-10 Temporary zoning controls--Purpose--Notice and public hearing required--Duration of controls--Renewal
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If a county is conducting or in good faith intends to conduct studies within a reasonable time, or has held or is holding a hearing for the purpose of considering a comprehensive plan, the board in order to protect the public health, safety, and general welfare may adopt as emerg…
SDCL § 11-2-10.1 Injunction available against temporary zoning control--Grounds for injunction
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Any person who is aggrieved by the adoption of an emergency temporary zoning ordinance pursuant to § 11-2-10 or any other emergency ordinance, zoning map, or other official control authorized pursuant to this chapter may seek an injunction against it in any court of appropriate j…
SDCL § 11-2-11 Preparation of comprehensive county plan and official controls--Municipalities included
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The county planning commission may prepare, or cause to be prepared, a comprehensive plan for the county including those municipalities within the county which are either unincorporated or which have requested by resolution of the governing board of such municipality to be includ…
SDCL § 11-2-12 Purposes of comprehensive county plan
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The comprehensive plan shall be for the purpose of protecting and guiding the physical, social, economic, and environmental development of the county; to protect the tax base; to encourage a distribution of population or mode of land utilization that will facilitate the economica…
SDCL § 11-2-13 Adoption of zoning ordinance
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For the purpose of promoting health, safety, or the general welfare of the county the board may adopt a zoning ordinance to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of the…
SDCL § 11-2-14 Division of county into zoning districts--Matters regulated--Special considerations
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For any of the purposes specified in § 11-2-13 , the board may divide the county into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this chapter; and within the districts it may regulate and restrict the erection, construction…
SDCL § 11-2-15 Highway, road and street maps--Features included--Setbacks
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The regulations may include maps for highways, roadways, parkways, roads, and streets showing the exact alignments, gradients, dimensions, and other pertinent features, and including specific controls for setbacks from the right - of - way against encroachment by buildings or oth…
SDCL § 11-2-16 Maps for public buildings and facilities--Protection of future sites
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The regulations may include maps for other public facilities such as parks, playgrounds, schools, and other public buildings showing exact location, size, boundaries, and other related features including appropriate regulations protecting such future sites against encroachment by…
SDCL § 11-2-17 Land development and subdivision regulations--Dedications for public purposes
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The board may adopt a subdivision ordinance which shall be made in accordance with the comprehensive plan. The regulations may establish standards and procedures to be employed in land development including subdividing of land and the approval of land plats and the preservation o…
SDCL § 11-2-17.1 Permanent subdivision ordinances enacted by county commissioners--Counties with comprehensive plans exempted--Notice and hearing requirements
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The board may enact permanent subdivision ordinances as defined in subdivision 11-2-1(7). The board need not follow the procedures provided in this chapter pursuant to the comprehensive plan in implementing this section. This section does not apply to any county that has adopted …
SDCL § 11-2-17.3 Conditional use of real property--Ordinance--Content--Approval or disapproval
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A county zoning ordinance adopted under this chapter that authorizes a conditional use of real property shall specify the approving authority, each category of conditional use requiring approval, the zoning districts in which a conditional use is available, the criteria for evalu…
SDCL § 11-2-17.4 Conditional use defined
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A conditional use is any use that, owing to certain special characteristics attendant to its operation, may be permitted in a zoning district subject to the evaluation and approval by the approving authority specified in § 11-2-17.3 . A conditional use is subject to requirements …
SDCL § 11-2-17.5 Special permitted uses
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A zoning ordinance adopted under this chapter may also establish a process for certification of special permitted uses upon meeting specified criteria for the use. A use certified as a special permitted use under the zoning ordinance shall be approved if the applicant demonstrate…
SDCL § 11-2-17.6 Special permitted uses--Exceptions
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Any land use that meets the specified criteria for certification under any county zoning ordinance shall be considered a special permitted use. A special permitted use applicant is not subject to the requirements set forth in § 11-2-17.4 . A special permitted use is not subject t…
SDCL § 11-2-17.7 Conditional use application--Impact on neighboring land
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Any alteration, construction, use of earthmoving equipment, or other change pursuant to a zoning permit or allowed land use on neighboring land that began after the date on which an application for a conditional use is received, and that causes the application to fail to meet one…
SDCL § 11-2-17.8 Zoning determination--Well
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When a well is at issue in making a determination for the implementation of a zoning ordinance requirement, the zoning authority must determine whether the well is an established well that has not been abandoned. A well that is either abandoned or not established, or both, must n…
SDCL § 11-2-18 Planning commission hearings--Notice--Recommendations
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The planning commission shall hold at least one public hearing on the respective comprehensive plan, zoning ordinance, or subdivision ordinance. Notice of the time and place of the hearings shall be given once at least ten days in advance by publication in a legal newspaper of th…
SDCL § 11-2-19 Publication of notice of hearing
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After receiving the recommendation of the planning commission the board shall hold at least one public hearing on the respective comprehensive plan, zoning ordinance, or subdivision ordinance. Notice of the time and place of the hearings shall be given once at least ten days in a…
SDCL § 11-2-2 Appointment of county planning commission--Number of members--Acting as zoning commission
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The board of county commissioners of each county in the state may appoint a commission of five or more members to be known as the county planning commission. If a county proposes to enact or implement any purpose set forth in this chapter then the board of county commissioners sh…
SDCL § 11-2-20 Action upon comprehensive plan by resolution or ordinance--Majority vote of board required
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Based on the results of the hearing or hearings, the action upon the comprehensive plan shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the board. Based on the results of the hearing or hearings, the action upon the zoning…
SDCL § 11-2-20.1 Coordinating comprehensive plan with federal resource management plans
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The board of county commissioners of a county which has officially adopted a comprehensive plan pursuant to § 11-2-20 may participate in efforts to coordinate the comprehensive plan with federal regional forest or other resource management plans as provided in the Federal Land Po…
SDCL § 11-2-21 Filing of board action adopting comprehensive plan--Publication of notice of fact of adoption--Public inspection
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The action of the board on the plan shall be filed with the county auditor. A notice of fact of the adoption shall be published once in a legal newspaper of the county and take effect on the twentieth day after its publication unless the referendum is invoked. Any notice of fact …
SDCL § 11-2-22 Referendum on comprehensive plan, zoning ordinance, or subdivision ordinance--Land uses suspended until referendum completed
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The comprehensive plan, zoning ordinance, and subdivision ordinance may be referred to a vote of the qualified voters of the county pursuant to §§ 7-18A-15 to 7-18A-24 , inclusive. The effective date of the comprehensive plan, zoning ordinance, or subdivision ordinance on which a…
SDCL § 11-2-22.1 Revision of plan, zoning ordinance, or subdivision ordinance after rejection by voters
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If the voters reject the proposed comprehensive plan, zoning ordinance, or subdivision ordinance, the board may cause the planning commission to revise the plan or regulations and adopt the same as revised, and file and publish the same as required by § 11-2-21 . Source: SL 1967,…
SDCL § 11-2-24 Construction to be approved by planning commission when covered by comprehensive plan--County commissioners overruling commission's disapproval
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If a board has adopted the comprehensive plan or any part thereof, no street, road, park, or other public way, ground, place, space, public building or structure, public utility, whether publicly or privately owned, if covered by the comprehensive plan or any adopted part thereof…
SDCL § 11-2-24.1 Approval by failure of planning commission to act in time--Exception if longer period granted
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The failure of the planning commission to act within sixty - five days from and after the date of official submission to it under the provisions of § 11-2-24 , shall be deemed approval, unless a longer period be granted by the board or other submitting official. Source: SL 1975, …
SDCL § 11-2-25 Enforcement provided by county commissioners
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The board shall provide for the enforcement of the provisions of this chapter and of ordinances, resolutions, and regulations made thereunder, and may impose enforcement duties on any officer, department, agency, or employee of the county. Source: SL 1941, ch 216 , § 9; SDC Supp …
SDCL § 11-2-26 Continuance of nonconforming uses permitted--Discontinuance
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Any lawful use, lot, or occupancy of land or premises existing at the time of the adoption of the zoning ordinance may be continued, even though the use, lot, or occupation does not conform to the provisions of the ordinance. However, if the nonconforming use, lot, or occupancy i…
SDCL § 11-2-27 Regulations for control and elimination of nonconforming uses--Continuation of existing uses--Gradual elimination of discontinued nonconforming uses
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The board may by resolution as provided in § 11-2-25 prescribe such regulations not contrary to law or § 11-2-26 , as it deems desirable or necessary to regulate and control, or reduce the number or extent of or bring about the gradual elimination of nonconforming uses, lots, or …
SDCL § 11-2-28 Changes in comprehensive county plan--Initiation by board or petition of landowners
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The plan, ordinances, restrictions, and boundaries adopted pursuant to this chapter may be amended, supplemented, changed, modified, or repealed by action of the board. Any such modification or repeal shall be proposed in a resolution or ordinance, as appropriate, presented to th…
SDCL § 11-2-28.1 Petition by individual landowner for change in zoning--Notice to abutting and adjoining landowners--Notice to county auditor of adjacent county
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An individual landowner may petition the board to change the zoning of all or any part of the landowner's property. The petitioning landowner shall notify abutting and adjoining landowners by registered or certified mail of the petitioned zoning change at least ten days before th…
SDCL § 11-2-28.2 Petition by landowners--Filing--Presentation to commission--Planning commission hearing, recommendation--Board hearing, action
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A petition pursuant to § 11-2-28 or 11-2-28.1 must be filed with the office of the county auditor. The county auditor shall forward the petition to the commission, or a person designated by the commission, for consideration at its next regular or special meeting and provide a cop…
SDCL § 11-2-28.3 Sign to notify public about petition and hearing on zoning change or conditional use permit
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If a landowner petitions a board 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 s…
SDCL § 11-2-29 Hearing on proposed change--Notice
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The planning commission shall hold at least one public hearing on any proposed change or modification to the plan or ordinances. 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 county. At the …
SDCL § 11-2-3 Term of office of appointed commission members--Removal for cause--Ex officio members
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The term of each of the appointed members of the county planning commission shall be for three to five years as the board of county commissioners may provide. However, when the planning commission is first appointed, the lengths of the terms shall be varied so that no more than o…
SDCL § 11-2-3.1 Meetings of planning commission
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The planning commission shall meet at such times as may be necessary to accomplish the purposes of this chapter, but, in no event, shall the commission meet less than once every three months. Source: SL 1967, ch 20 , § 2 as added by SL 1968, ch 23 .
SDCL § 11-2-3.2 Per diem and expenses of commission
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Per diem and expenses of the county planning commission shall be established by the board of county commissioners and paid by the county. Source: SL 1977, ch 104 , § 19.
SDCL § 11-2-3.3 Information furnished by public officials--Examinations and surveys--General powers of commission
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All public officials shall, upon request, furnish to the county 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' writte…
SDCL § 11-2-30 Adoption or rejection by board--Publication--Referendum provisions applicable
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After the hearing, the board shall by resolution or ordinance, as appropriate, either adopt or reject the amendment, supplement, change, modification, or repeal, with or without changes. Consideration of any changes to the proposed amendment, supplement, change, modification, or …
SDCL § 11-2-31 Preparation by county commission of municipal plans and ordinances--Adoption by municipality
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The governing body of any municipality may request a county planning commission to submit to the municipal governing body a comprehensive plan for the municipality setting forth such provisions as the county planning commission deems applicable to the municipality for its best in…
SDCL § 11-2-32 Municipal planning and zoning powers unimpaired--Area of joint zoning authority
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Nothing in this chapter may be construed to prevent or modify the powers of an incorporated municipality, with a duly authorized planning commission, from exercising planning and zoning jurisdiction within the corporate limits and from exercising jointly with the county planning …
SDCL § 11-2-34 Injunction proceedings to prevent or abate violations
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In the event of a violation or a threatened violation of the regulations or restrictions of an ordinance adopted pursuant to this chapter, the board of county commissioners or any member thereof, in addition to other remedies, may institute an appropriate action or proceedings to…
SDCL § 11-2-35 Mandamus proceedings instituted by taxpayer
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Any taxpayer of the county may institute mandamus proceedings in circuit court to compel specific performance by the proper official or officials of any duty required by this chapter and by any ordinance adopted thereunder. Source: SL 1967, ch 20 , § 13.
SDCL § 11-2-37 Special zoning area--Establishment or enlargement--Prohibition where comprehensive plans or zoning ordinances adopted
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If an area within a county and not within a municipality becomes so situated that a zoning ordinance or any other purpose or procedure set forth in this chapter is advisable, persons within the area may apply to the board to establish or enlarge the area as a special zoning area …
SDCL § 11-2-37.1 Proposed special zoning area defined
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For the purposes of §§ 11-2-37 to 11-2-38 , inclusive, the term, proposed special zoning area, means the area proposed for the establishment of the district or the area to be added to an existing special zoning area if it is a proposed enlargement. Source: SL 2011, ch 69 , § 12.
SDCL § 11-2-38 Survey and map of territory to be zoned--Affidavit
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Persons making application for the establishment or enlargement of a special zoning area, or the board if it is proposing the establishment of a special zoning area, shall first obtain an accurate survey and map of the territory intended to be embraced within the limits of the sp…
SDCL § 11-2-4 Employment of planning staff--Contracts for planning services
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To carry out the purposes of this chapter, the board may employ a planning director and inspector or either of them and such staff as it deems necessary; or the board may contract with a planning agency, authority, or commission, or with planning consultants, or with other specia…
SDCL § 11-2-40 Public examination of survey and map
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The survey and map when completed and verified shall be left at some convenient public place, to be designated by the county auditor, within the proposed special zoning area for a period of not less than twenty days for examination by the public. Source: SL 1977, ch 104 , § 10; S…