A county zoning ordinance adopted under this chapter that authorizes a conditional use of real property shall specify the approving authority, each category of conditional use requiring approval, the zoning districts in which a conditional use is available, the criteria for evaluating each conditional use, and any procedures for certifying 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.
S.D. Codified Laws § 11-2-17.3
Conditional use of real property--Ordinance--Content--Approval or disapproval
Applied in 11 court decisions — leading case Armstrong v. Turner County Board of Adjustment (2009)
Most recently applied in Christenson v. Crowned Ridge Wind, LLC (August 2022)
Source: SL 2004, ch 103, § 3; SL 2015, ch 72, § 2; SL 2020, ch 41, § 2; SL 2023, ch 39, § 1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.