South Dakota Codified Laws
Chapter 04 - Municipal Planning And Zoning
Section 11-4-4.3 - Process for certification of special permitted uses upon meeting specified criteria.

11-4-4.3. Process for certification of special permitted uses upon meeting specified criteria.
A zoning ordinance adopted pursuant to this chapter may also establish a process for certification of special permitted uses upon meeting specified criteria for the use. A use certified as a special permitted use under the zoning ordinance shall be approved if the applicant demonstrates that all specified criteria are met.

Source: SL 2015, ch 72, §6; SL 2021, ch 55, § 3.

Structure South Dakota Codified Laws

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 11-4-2 - Division of municipality into districts--District regulations--Uniformity within district.

Section 11-4-3 - Comprehensive plan required--Purposes of plan--Factors considered in regulations.

Section 11-4-3.1 - Temporary zoning ordinance--Adoption--Purpose--Hearing and notice--Duration and renewal.

Section 11-4-4 - Notice and hearing of proposed zoning ordinance required.

Section 11-4-4.1 - Ordinance authorizing conditional use of real property--Content--Approval or disapproval of request.

Section 11-4-4.2 - Conditional use defined.

Section 11-4-4.3 - Process for certification of special permitted uses upon meeting specified criteria.

Section 11-4-4.4 - Sign to notify public about petition and hearing on zoning change or conditional use permit.

Section 11-4-4.5 - Special permitted uses--Exceptions.

Section 11-4-4.6 - Conditional use application--Impact on neighboring land.

Section 11-4-5 - Reading, passage and publication of ordinance--Protest by landowners in district--Flood plain ordinance not subject to protest.

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 - Appointment of planning and zoning commission--Same as city planning and zoning commission.

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 11-4-13 - Board of adjustment to be provided--Planning and zoning commission as adjustment board--Power to grant variances.

Section 11-4-14 - Appointment and terms of board of adjustment other than commission--Removal--Vacancies--Alternates.

Section 11-4-15 - Meetings of board of adjustment--Administration of oaths and attendance of witnesses.

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 11-4-19 - Appeal to board of adjustment--Notice of appeal--Records transmitted--Expedited process.

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 11-4-24 - Governing body acting as board of adjustment--Chairman of board--Vote required for reversal, exception or variance.

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 11-4-26 - Writ of certiorari to review decision of board--Time of return--Restraining order to stay proceedings.

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.