A conditional use is any use that, owing to certain special characteristics attendant to its operation, may be permitted in a zoning district subject to the evaluation and approval by the approving authority specified in § 11-2-17.3. A conditional use is subject to requirements that are different from the requirements imposed for any use permitted by right in the zoning district.
S.D. Codified Laws § 11-2-17.4
Conditional use defined
Applied in 5 court decisions — leading case Armstrong v. Turner County Board of Adjustment (2009)
Most recently applied in Ehlebracht v. Deuel Cnty. Pln. Comm'n and Crowned Ridge Wind II, LLC (March 2022)
Source: SL 2004, ch 103, § 4.
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.