South Dakota Codified Laws
Chapter 55 - Business Improvement Districts
Section 9-55-4 - Creation of business improvement district--Established business area.

9-55-4. Creation of business improvement district--Established business area.
A municipality may create a business improvement district only as provided by this chapter. A municipality that has not adopted any zoning ordinance pursuant to §9-12-13 may create a business improvement district anywhere within the boundaries of the municipality. If a municipality has adopted a zoning ordinance pursuant to §9-12-13, the municipality may create a business improvement district only within the boundaries of an established business area that is zoned for business, public, or commercial purposes. For purposes of this chapter, an established business area, may include noncontiguous property within the incorporated municipality that has a common zoning designation. Any business improvement district that includes noncontiguous property pursuant to this section may, by resolution of the governing body, add qualifying property to the business improvement district.

Source: SL 1986, ch 81, §4; SL 2005, ch 54, §2; SL 2007, ch 41, §1; SL 2018, ch 56, §1.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 9 - Municipal Government

Chapter 55 - Business Improvement Districts

Section 9-55-1 - Definition of terms.

Section 9-55-2 - Imposition of special assessment or general business license and occupation tax.

Section 9-55-3 - Uses to which generated funds may be put.

Section 9-55-4 - Creation of business improvement district--Established business area.

Section 9-55-5 - Appointment of business improvement board--Designation of boundaries of district--Duties of board--Proposal of more than one district as part of same development plan.

Section 9-55-6 - Composition of board--Vacancies--Terms--Officers.

Section 9-55-7 - Creation of districts by resolution of intent--Contents--Basis of occupation tax or special assessment.

Section 9-55-8 - Notice of hearing.

Section 9-55-9 - Petition for hearing.

Section 9-55-10 - Duties of governing body at hearing--Termination of hearing--Issuance of bonds for convention center from proceeds of general occupational tax.

Section 9-55-11 - Procedure for change of boundaries.

Section 9-55-12 - Establishment or rejection of districts--Adoption of ordinance establishing district--Contents.

Section 9-55-13 - Special assessment against real property located in district--Procedure.

Section 9-55-14 - Levy of general business occupation tax in addition to or in place of special assessments.

Section 9-55-15 - Procedure for implementation of tax.

Section 9-55-16 - Reassessment or changes in rate of levy of special assessment or occupation tax--Procedure.

Section 9-55-17 - Limitations on amount of assessments or taxes.

Section 9-55-18 - Purpose of taxation or assessment by municipality--Limitations on taxation and assessment--Method of taxation or assessment.

Section 9-55-18.1 - Issuance and sale of bonds--Permissible uses of proceeds--Business improvement district to remain in effect.

Section 9-55-19 - Procedure for abolishment of district.

Section 9-55-20 - Disposition of proceeds of tax or assessment upon abolishment.

Section 9-55-21 - Use of donated funds or grants.

Section 9-55-22 - Dissolution of district imposing occupational tax on rooms rented.