11-4-4.1. Ordinance authorizing conditional use of real property--Content--Approval or disapproval of request.
A municipal zoning ordinance adopted pursuant to this chapter that authorizes a conditional use of real property shall specify the approving authority, each category of conditional use requiring such approval, the zoning districts in which a conditional use is available, the criteria for evaluating each conditional use, and any procedures for certifying property for approval of certain conditional uses. The approving authority shall consider the stated criteria, the objectives of the comprehensive plan, and the purpose of the zoning ordinance and the relevant zoning districts when making a decision to approve or disapprove a conditional use request. Approval of a conditional use request requires the affirmative majority vote of the members of the approving authority who are present and voting.
Source: SL 2004, ch 103, §1; SL 2015, ch 72, §7; SL 2021, ch 55, § 2.
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.