South Dakota Codified Laws
Chapter 06 - Comprehensive City Planning
Section 11-6-25 - Board of adjustment to consider variances in hardship cases--Municipal planning and zoning adjustment provisions apply.

11-6-25. Board of adjustment to consider variances in hardship cases--Municipal planning and zoning adjustment provisions apply.
The city council may provide for a board of adjustment, or may authorize the planning and zoning commission to serve as a board of adjustment to make special exceptions or grant variances to the regulations adopted under §11-6-24 in specific cases, in order that unwarranted hardship, which constitutes an unreasonable deprivation of use as distinguished from the mere grant of a privilege, may be avoided. The provisions of §§11-4-13 to 11-4-29, inclusive, shall apply to any actions under this section.

Source: SL 1949, ch 198, §10; SDC Supp 1960, §45.3310; SL 1966, ch 145; SL 1975, ch 116, §15.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 11 - Planning, Zoning and Housing Programs

Chapter 06 - Comprehensive City Planning

Section 11-6-1 - Definition of terms.

Section 11-6-2 - Planning and zoning commission required in municipality--Comprehensive plan to be effected.

Section 11-6-3 - Contract for county planning and zoning services--Fees--Powers of county commission--Designation of planning commission--Contracts for special services.

Section 11-6-4.1 - Temporary addition to planning commission of resident of affected outside area.

Section 11-6-7 - Employees appointed by city council--Contracts for special services.

Section 11-6-8 - Information furnished by public officials--Examinations and surveys--General powers of commission.

Section 11-6-9 - Expenditures of planning and zoning commission--Funds, equipment and accommodations.

Section 11-6-10 - Territorial extent of powers granted by chapter--Electrical service areas not affected.

Section 11-6-11 - Territorial extent of general zoning powers--Express provision as to extraterritorial operation--Division of overlapping extraterritorial zones.

Section 11-6-12 - Zoning regulations in joint jurisdictional areas--Public hearing--Recommendation of each planning commission.

Section 11-6-12.1 - Joint meeting to act on recommendations--County concurrence required for municipal extraterritorial powers--Petition for relinquishment of zoning jurisdiction.

Section 11-6-13.2 - Referendum applicable--Time of election on referred measures.

Section 11-6-14 - Preparation of comprehensive plan for municipal development--Contents of plan--Changes or additions.

Section 11-6-15 - Surveys and studies in preparation of comprehensive plan--Purposes of plan.

Section 11-6-16 - Plan proposed as a whole or in part.

Section 11-6-17 - Public hearing required before recommendation of plan to council--Notice--Submission.

Section 11-6-18 - Vote required for adoption of plan--Notice and hearing--Reference to maps and descriptive matters--Signature of mayor--Ordinance subject to publication and protest provisions.

Section 11-6-18.1 - Filing of action adopting comprehensive plan.

Section 11-6-18.2 - Summary of city council action to be published--Notice of public inspection.

Section 11-6-24 - Recommendation and adoption of building and setback regulations--Public hearing and notice required.

Section 11-6-25 - Board of adjustment to consider variances in hardship cases--Municipal planning and zoning adjustment provisions apply.

Section 11-6-26 - Subdivisions outside municipal corporate limits not approved pursuant to § 11-3-6.

Section 11-6-26.1 - Review and recommendation by county commission when land subject to joint municipal-county jurisdiction--Vote of city council required upon disapproval by county commission--Board may designate county official to make recommendati...

Section 11-6-27 - Recommendation and adoption of subdivision regulations--Purposes of regulations--Notice and public hearing required.

Section 11-6-28 - Streets and utilities covered by subdivision regulations--Provision for tentative approval of plats.

Section 11-6-29 - Bond for completion of subdivision work--Remedies for enforcement of bond.

Section 11-6-30 - Special assessment provisions in lieu of bond for completion of subdivision work.

Section 11-6-31 - Subdivision plats or replats to be submitted to planning commission--Recommendation to council.

Section 11-6-32 - Time allowed for approval or disapproval of plat--Plat deemed approved in absence of action--Ground of disapproval stated.

Section 11-6-33 - Dedication not accepted by approval of plat.

Section 11-6-34 - Register of deeds not to record plat unless approved by city council or other designated official.

Section 11-6-35 - Sale, transfer, or negotiation to sell lots before approval and recording of plat as petty offense--Injunction.

Section 11-6-36 - Approved plat required for street or utility work after attachment of platting jurisdiction.

Section 11-6-37 - Street construction specifically authorized by ordinance--Vote required to overrule planning commission.

Section 11-6-38 - Buildings prohibited on unapproved streets--Injunction action available.

Section 11-6-39 - Continuation of lawful uses existing when zoning ordinance adopted--If nonconforming use discontinued one year, subsequent use must conform.

Section 11-6-40 - Platting of certain land required.

Section 11-6-40.1 - Transfer of ownership plat.

Section 11-6-41 - Sign to notify public about petition and hearing on zoning change or conditional use permit.