§ 11-2-1 Definition of terms
§ 11-2-1.1 Aggrieved persons–Requirements
§ 11-2-2 Appointment of county planning commission–Number of members–Acting as zoning commission
§ 11-2-3 Term of office of appointed commission members–Removal for cause–Ex officio members
§ 11-2-3.1 Meetings of planning commission
§ 11-2-3.2 Per diem and expenses of commission
§ 11-2-3.3 Information furnished by public officials–Examinations and surveys–General powers of commission
§ 11-2-4 Employment of planning staff–Contracts for planning services
§ 11-2-5 Joint planning by counties–Sharing of expenses–Objectives of joint planning
§ 11-2-6 Grants from and agreements with federal and state agencies
§ 11-2-7 Contracts to provide planning and zoning services to municipalities–Municipal powers exercised by county board
§ 11-2-8 Joint county-municipal planning activities–County planning commission as municipal planning commission
§ 11-2-9 Funds, equipment, and accommodations provided by county–Expenses of planning commission members
§ 11-2-10 Temporary zoning controls–Purpose–Notice and public hearing required–Duration of controls–Renewal
§ 11-2-10.1 Injunction available against temporary zoning control–Grounds for injunction
§ 11-2-11 Preparation of comprehensive county plan and official controls–Municipalities included
§ 11-2-12 Purposes of comprehensive county plan
§ 11-2-13 Adoption of zoning ordinance
§ 11-2-14 Division of county into zoning districts–Matters regulated–Special considerations
§ 11-2-15 Highway, road and street maps–Features included–Setbacks
§ 11-2-16 Maps for public buildings and facilities–Protection of future sites
§ 11-2-17 Land development and subdivision regulations–Dedications for public purposes
§ 11-2-17.1 Permanent subdivision ordinances enacted by county commissioners–Counties with comprehensive plans exempted–Notice and hearing requirements
§ 11-2-17.3 Conditional use of real property–Ordinance–Content–Approval or disapproval
§ 11-2-17.4 Conditional use defined
§ 11-2-17.5 Special permitted uses
§ 11-2-17.6 Special permitted uses–Exceptions
§ 11-2-17.7 Conditional use application–Impact on neighboring land
§ 11-2-18 Planning commission hearings–Notice–Recommendations
§ 11-2-19 Publication of notice of hearing
§ 11-2-20 Action upon comprehensive plan by resolution or ordinance–Majority vote of board required
§ 11-2-20.1 Coordinating comprehensive plan with federal resource management plans
§ 11-2-21 Filing of board action adopting comprehensive plan–Publication of notice of fact of adoption–Public inspection
§ 11-2-22 Referendum on comprehensive plan, zoning ordinance, or subdivision ordinance–Land uses suspended until referendum completed
§ 11-2-22.1 Revision of plan, zoning ordinance, or subdivision ordinance after rejection by voters
§ 11-2-24 Construction to be approved by planning commission when covered by comprehensive plan–County commissioners overruling commission’s disapproval
§ 11-2-24.1 Approval by failure of planning commission to act in time–Exception if longer period granted
§ 11-2-25 Enforcement provided by county commissioners
§ 11-2-26 Continuance of nonconforming uses permitted–Discontinuance
§ 11-2-27 Regulations for control and elimination of nonconforming uses–Continuation of existing uses–Gradual elimination of discontinued nonconforming uses
§ 11-2-28 Changes in comprehensive county plan–Initiation by board or petition of landowners
§ 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
§ 11-2-28.2 Public hearing on petition by landowners–Consideration and recommendation by county planning commission
§ 11-2-28.3 Sign to notify public about petition and hearing on zoning change or conditional use permit
§ 11-2-29 Hearing on proposed change–Notice
§ 11-2-30 Adoption or rejection by board–Publication–Referendum provisions applicable
§ 11-2-31 Preparation by county commission of municipal plans and ordinances–Adoption by municipality
§ 11-2-32 Municipal planning and zoning powers unimpaired–Area of joint zoning authority
§ 11-2-34 Injunction proceedings to prevent or abate violations
§ 11-2-35 Mandamus proceedings instituted by taxpayer
§ 11-2-37 Special zoning area–Establishment or enlargement–Prohibition where comprehensive plans or zoning ordinances adopted
§ 11-2-37.1 Proposed special zoning area defined
§ 11-2-38 Survey and map of territory to be zoned–Affidavit
§ 11-2-40 Public examination of survey and map
§ 11-2-41 Verified petition–Signatures required–Filing–Proposal by board resolution–Notice–Hearing
§ 11-2-42 Order declaring territory a special zoning area with voters’ assent–Notice of election
§ 11-2-43 Notice by publication and by posting
§ 11-2-44 Voting hours
§ 11-2-45 Judges of election appointed–Election costs and supplies
§ 11-2-46 Form of ballot–Majority vote required
§ 11-2-47 Verified statement of number of ballots and votes–Hearing on board proposal–Order incorporating special zoning area
§ 11-2-47.1 Referendum on incorporation of special zoning area
§ 11-2-47.2 Special zoning area commission or planning and zoning commission to have jurisdiction
§ 11-2-47.3 Special zoning area commission member appointment–Terms–Removal
§ 11-2-48 County funds authorized for payment of costs
§ 11-2-49 Appointment of board of adjustment or commission as board of adjustment–Rules–Variances to terms of ordinance
§ 11-2-50 Board of adjustment–Composition–Vacancies–Alternates
§ 11-2-51 Meetings of board of adjustment–Powers of chair–Meetings public
§ 11-2-52 Minutes of board meetings–Filing–Destruction of records
§ 11-2-53 Board of adjustment–Powers
§ 11-2-54 Board of adjustment–Rules
§ 11-2-55 Appeals–Notice–Records transmitted–Expedited process
§ 11-2-56 Stay of proceedings pending appeal–Exceptions
§ 11-2-57 Public hearing of appeal–Notice
§ 11-2-58 Decisions of board
§ 11-2-59 Reversal–Two-thirds majority vote
§ 11-2-60 County commissioners as board of adjustment–Powers–Chair–Two-thirds majority vote
§ 11-2-61 Petition to court contesting decision of board–Requirements
§ 11-2-61.1 Appeal of grant or denial of conditional use permit
§ 11-2-62 Writ of certiorari to board to review decision–Time limit–Writ not stay of proceedings–Restraining order
§ 11-2-62.1 Expedited determinations
§ 11-2-63 Board may return certified copies of papers–Grounds of decision set forth
§ 11-2-64 Court may take evidence
§ 11-2-65 Court may reverse or affirm decision of board–Costs
§ 11-2-65.1 Special permitted use, conditional use, variance–Expiration–Enforceability
§ 11-2-66 Cement Plant Commission property zoned as private business
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Terms Used In South Dakota Codified Laws > Title 11 > Chapter 2 - County Planning and Zoning

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Contract: A legal written agreement that becomes binding when signed.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2