11-4-24. Governing body acting as board of adjustment--Chairman of board--Vote required for reversal, exception or variance.
In lieu of appointing the board of adjustment provided by §11-4-13, the governing body of any municipality having adopted and effectuated a zoning ordinance may act as and perform all the duties and exercise the powers of such board of adjustment. Whenever the governing body is acting as the board of adjustment, the mayor or president of the board of trustees is chairman of the board of adjustment. The concurring vote of at least two-thirds of the members of such board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under any zoning ordinance, or to effect any variation in such ordinance.
Source: SL 1941, ch 202; SDC Supp 1960, §45.2607-1; SL 2021, ch 55, § 10.
Structure South Dakota Codified Laws
Title 11 - Planning, Zoning and Housing Programs
Chapter 04 - Municipal Planning And Zoning
Section 11-4-1 - Regulatory powers of municipality.
Section 11-4-1.1 - Definition of terms.
Section 11-4-3 - Comprehensive plan required--Purposes of plan--Factors considered in regulations.
Section 11-4-4 - Notice and hearing of proposed zoning ordinance required.
Section 11-4-4.2 - Conditional use defined.
Section 11-4-4.5 - Special permitted uses--Exceptions.
Section 11-4-4.6 - Conditional use application--Impact on neighboring land.
Section 11-4-6 - Conflict with other regulations--More stringent regulations govern.
Section 11-4-7 - Proceedings by municipal authorities to prevent violation of regulations.
Section 11-4-8 - Changes in regulations--Notice and procedure.
Section 11-4-9 - Requiring consent of landowners to change in zoning ordinance.
Section 11-4-10 - Referendum and protests against changes in zoning ordinance.
Section 11-4-11.1 - Governing body as planning and zoning commission.
Section 11-4-12 - Planning and zoning commission--Hearings and notice--Final recommendation.
Section 11-4-16 - Minutes and records of board of adjustment--Destruction of records.
Section 11-4-17 - Powers of board of adjustment.
Section 11-4-18 - Rules of board of adjustment.
Section 11-4-20 - Stay of proceedings pending appeal--Exceptions.
Section 11-4-21 - Notice and hearing by board of adjustment--Hearing open to public.
Section 11-4-22 - Decisions of board.
Section 11-4-23 - Vote required.
Section 11-4-25 - Petition to court contesting decision of board.
Section 11-4-25.1 - Appeal of grant or denial of conditional use permit.
Section 11-4-25.2 - Expedited determinations.
Section 11-4-27 - Certified copies returned on certiorari--Contents of return.
Section 11-4-28 - Evidence heard by court on certiorari--Referee.
Section 11-4-29 - Disposition by court on certiorari--Costs.
Section 11-4-29.1 - Special permitted use, conditional use, variance--Expiration.
Section 11-4-30 - Cement Plant Commission property zoned as private business.