If an area within a county and not within a municipality becomes so situated that a zoning ordinance or any other purpose or procedure set forth in this chapter is advisable, persons within the area may apply to the board to establish or enlarge the area as a special zoning area or the board may on its own initiative establish or enlarge the area as a special zoning area, pursuant to this chapter. No special zoning area may be formed in a county in which a county wide comprehensive plan and zoning ordinances have been adopted. The formation of a special zoning area is only valid in a county that has not adopted a county wide comprehensive plan and zoning ordinances. The board may establish or enlarge a special zoning area on its own initiative if the special zoning area comprises an area of at least five square miles.
S.D. Codified Laws § 11-2-37
Special zoning area--Establishment or enlargement--Prohibition where comprehensive plans or zoning ordinances adopted
Applied in 1 court decision — leading case Cable v. UNION COUNTY BOARD OF COUNTY COMMISSIONERS (2009)
Most recently applied in Cable v. UNION COUNTY BOARD OF COUNTY COMMISSIONERS (July 2009)
Source: SL 1977, ch 104, § 7; SL 2000, ch 69, § 44; SL 2006, ch 63, § 1; SL 2011, ch 69, § 1.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.