South Dakota Codified Laws
Chapter 02 - County Planning And Zoning
Section 11-2-43 - Notice by publication and by posting.

11-2-43. Notice by publication and by posting.
The board shall give ten days' notice of the election by publication and by posting a copy of the notice at three of the most public places in the proposed special zoning area. In the case of a special zoning area that is proposed by the board, the board shall post such notice at least ten days before the meeting at which it will act on the establishment or enlargement of the special zoning area. In addition, if the board is proposing the establishment or enlargement of a special zoning area, the board shall publish notice in the official newspapers of the county at least ten days before the meeting at which it intends to act on the special zoning area. For a special zoning area proposed by the board, the published notice shall include a statement that the board will hold a public hearing on the proposed special zoning area; the location of the proposed special zoning area; the date, time, and location of the meeting at which the hearing will be held; and a statement that the board will take final action on the proposed special zoning area after the hearing is completed. The publication may be waived if a copy of the notice is mailed to every qualified voter within the proposed special zoning area, by first class mail or bulk mail, at least ten days before the election.

Source: SL 1977, ch 104, §13; SL 2000, ch 69, §48; SL 2006, ch 63, §7; SL 2011, ch 69, §7.

Structure South Dakota Codified Laws

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 11-2-2 - Appointment of county planning commission--Number of members--Acting as zoning commission.

Section 11-2-3 - Term of office of appointed commission members--Removal for cause--Ex officio members.

Section 11-2-3.1 - Meetings of planning commission.

Section 11-2-3.2 - Per diem and expenses of commission.

Section 11-2-3.3 - Information furnished by public officials--Examinations and surveys--General powers 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 11-2-7 - Contracts to provide planning and zoning services to municipalities--Municipal powers exercised by county board.

Section 11-2-8 - Joint county-municipal planning activities--County planning commission as municipal planning commission.

Section 11-2-9 - Funds, equipment, and accommodations provided by county--Expenses of planning commission members.

Section 11-2-10 - Temporary zoning controls--Purpose--Notice and public hearing required--Duration of controls--Renewal.

Section 11-2-10.1 - Injunction available against temporary zoning control--Grounds for injunction.

Section 11-2-11 - Preparation of comprehensive county plan and official controls--Municipalities included.

Section 11-2-12 - Purposes of comprehensive county plan.

Section 11-2-13 - Adoption of zoning ordinance.

Section 11-2-14 - Division of county into zoning districts--Matters regulated--Special considerations.

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 11-2-17.1 - Permanent subdivision ordinances enacted by county commissioners--Counties with comprehensive plans exempted--Notice and hearing requirements.

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 - Action upon comprehensive plan by resolution or ordinance--Majority vote of board required.

Section 11-2-20.1 - Coordinating comprehensive plan with federal resource management plans.

Section 11-2-21 - Filing of board action adopting comprehensive plan--Publication of notice of fact of adoption--Public inspection.

Section 11-2-22 - Referendum on comprehensive plan, zoning ordinance, or subdivision ordinance--Land uses suspended until referendum completed.

Section 11-2-22.1 - Revision of plan, zoning ordinance, or subdivision ordinance after rejection by voters.

Section 11-2-24 - Construction to be approved by planning commission when covered by comprehensive plan--County commissioners overruling commission's disapproval.

Section 11-2-24.1 - Approval by failure of planning commission to act in time--Exception if longer period granted.

Section 11-2-25 - Enforcement provided by county commissioners.

Section 11-2-26 - Continuance of nonconforming uses permitted--Discontinuance.

Section 11-2-27 - Regulations for control and elimination of nonconforming uses--Continuation of existing uses--Gradual elimination of discontinued nonconforming uses.

Section 11-2-28 - Changes in comprehensive county plan--Initiation by board or petition of landowners.

Section 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.

Section 11-2-28.2 - Public hearing on petition by landowners--Consideration and recommendation by county planning commission.

Section 11-2-28.3 - Sign to notify public about petition and hearing on zoning change or conditional use permit.

Section 11-2-29 - Hearing on proposed change--Notice.

Section 11-2-30 - Adoption or rejection by board--Publication--Referendum provisions applicable.

Section 11-2-31 - Preparation by county commission of municipal plans and ordinances--Adoption by municipality.

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 - Special zoning area--Establishment or enlargement--Prohibition where comprehensive plans or zoning ordinances adopted.

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 11-2-41 - Verified petition--Signatures required--Filing--Proposal by board resolution--Notice--Hearing.

Section 11-2-42 - Order declaring territory a special zoning area with voters' assent--Notice of election.

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 - Verified statement of number of ballots and votes--Hearing on board proposal--Order incorporating special zoning area.

Section 11-2-47.1 - Referendum on incorporation of special zoning area.

Section 11-2-47.2 - Special zoning area commission or planning and zoning commission to have jurisdiction.

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 11-2-49 - Appointment of board of adjustment or commission as board of adjustment--Rules--Variances to terms of ordinance.

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 11-2-60 - County commissioners as board of adjustment--Powers--Chair--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 - Writ of certiorari to board to review decision--Time limit--Writ not stay of proceedings--Restraining order.

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.