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.
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 the public hearing is held on the matter by the planning commission. The landowner shall use information provided by the county director of equalization to determine the abutting and adjoining land owners. Property is considered as abutting and adjoining even though it may be separated from the property of the petitioner by a public road or highway. If the affected property abuts, adjoins, or is within one mile of a county border, the county auditor on behalf of the individual landowner shall also notify, by registered or certified mail, the county auditor in the adjoining county of the petitioned zoning change at least ten days before the public hearing is held on the matter by the planning commission.
Source: SDCL §11-2-28 as added by SL 1975, ch 113, §17; SL 1999, ch 65, §6; SL 2000, ch 69, §39; SL 2006, ch 62, §1; SL 2011, ch 67, §1.
Structure South Dakota Codified Laws
Title 11 - Planning, Zoning and Housing Programs
Chapter 02 - County Planning And Zoning
Section 11-2-1 - Definition of terms.
Section 11-2-1.1 - Aggrieved persons--Requirements.
Section 11-2-3.1 - Meetings of planning commission.
Section 11-2-3.2 - Per diem and expenses of commission.
Section 11-2-4 - Employment of planning staff--Contracts for planning services.
Section 11-2-5 - Joint planning by counties--Sharing of expenses--Objectives of joint planning.
Section 11-2-6 - Grants from and agreements with federal and state agencies.
Section 11-2-10.1 - Injunction available against temporary zoning control--Grounds for injunction.
Section 11-2-12 - Purposes of comprehensive county plan.
Section 11-2-13 - Adoption of zoning ordinance.
Section 11-2-15 - Highway, road and street maps--Features included--Setbacks.
Section 11-2-16 - Maps for public buildings and facilities--Protection of future sites.
Section 11-2-17 - Land development and subdivision regulations--Dedications for public purposes.
Section 11-2-17.3 - Conditional use of real property--Ordinance--Content--Approval or disapproval.
Section 11-2-17.4 - Conditional use defined.
Section 11-2-17.5 - Special permitted uses.
Section 11-2-17.6 - Special permitted uses--Exceptions.
Section 11-2-17.7 - Conditional use application--Impact on neighboring land.
Section 11-2-18 - Planning commission hearings--Notice--Recommendations.
Section 11-2-19 - Publication of notice of hearing.
Section 11-2-20.1 - Coordinating comprehensive plan with federal resource management plans.
Section 11-2-25 - Enforcement provided by county commissioners.
Section 11-2-26 - Continuance of nonconforming uses permitted--Discontinuance.
Section 11-2-29 - Hearing on proposed change--Notice.
Section 11-2-30 - Adoption or rejection by board--Publication--Referendum provisions applicable.
Section 11-2-32 - Municipal planning and zoning powers unimpaired--Area of joint zoning authority.
Section 11-2-34 - Injunction proceedings to prevent or abate violations.
Section 11-2-35 - Mandamus proceedings instituted by taxpayer.
Section 11-2-37.1 - Proposed special zoning area defined.
Section 11-2-38 - Survey and map of territory to be zoned--Affidavit.
Section 11-2-40 - Public examination of survey and map.
Section 11-2-43 - Notice by publication and by posting.
Section 11-2-44 - Voting hours.
Section 11-2-45 - Judges of election appointed--Election costs and supplies.
Section 11-2-46 - Form of ballot--Majority vote required.
Section 11-2-47.1 - Referendum on incorporation of special zoning area.
Section 11-2-47.3 - Special zoning area commission member appointment--Terms--Removal.
Section 11-2-48 - County funds authorized for payment of costs.
Section 11-2-50 - Board of adjustment--Composition--Vacancies--Alternates.
Section 11-2-51 - Meetings of board of adjustment--Powers of chair--Meetings public.
Section 11-2-52 - Minutes of board meetings--Filing--Destruction of records.
Section 11-2-53 - Board of adjustment--Powers.
Section 11-2-54 - Board of adjustment--Rules.
Section 11-2-55 - Appeals--Notice--Records transmitted--Expedited process.
Section 11-2-56 - Stay of proceedings pending appeal--Exceptions.
Section 11-2-57 - Public hearing of appeal--Notice.
Section 11-2-58 - Decisions of board.
Section 11-2-59 - Reversal--Two-thirds majority vote.
Section 11-2-61 - Petition to court contesting decision of board--Requirements.
Section 11-2-61.1 - Appeal of grant or denial of conditional use permit.
Section 11-2-62.1 - Expedited determinations.
Section 11-2-63 - Board may return certified copies of papers--Grounds of decision set forth.
Section 11-2-64 - Court may take evidence.
Section 11-2-65 - Court may reverse or affirm decision of board--Costs.
Section 11-2-65.1 - Special permitted use, conditional use, variance--Expiration.
Section 11-2-66 - Cement Plant Commission property zoned as private business.