11-2-47. Verified statement of number of ballots and votes--Hearing on board proposal--Order incorporating special zoning area.
After the vote is cast and canvassed, the judges shall make a verified statement showing the whole number of ballots cast, together with the number voting for and the number voting against establishment or enlargement, and shall return the statement to the board at its next session. If satisfied with the legality of the election, the board shall make an order declaring that the special zoning area has been incorporated by the name or number adopted. The order is conclusive of the fact of establishment or enlargement.
In the case of a special zoning area that is proposed by the board, the board shall hold a public hearing at a meeting of the board on the proposed special zoning area. The meeting shall be held as specified in the notice published pursuant to §11-2-43. After the public hearing, the board shall determine whether the special zoning area is to be established or enlarged. If the board decides to establish or enlarge the special zoning area, the board shall issue an order incorporating the special zoning area.
Source: SL 1977, ch 104, §17; SL 2000, ch 69, §51; SL 2006, ch 63, §8; SL 2011, ch 69, §9.
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.