S.D. Codified Laws § 11-4-17

Powers of board of adjustment

Applied in 4 court decisions — leading case Hines v. BD. OF ADJUSTMENT OF CITY (2004)

Most recently applied in Hines v. BD. OF ADJUSTMENT OF CITY (January 2004)

Source: SDC 1939, § 45.2607; SL 2000, ch 69, § 62; SL 2015, ch 72, § 8; SL 2021, ch 55, § 6.

How often courts cite this section

citing decisions per year

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.

The board of adjustment may:

(1) Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant to this chapter;

(2) Authorize upon appeal in specific cases such variance from terms of the ordinance not contrary to the public interest, if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance is observed and substantial justice done; and

(3) Hear and determine conditional uses as authorized by the zoning ordinance. The uses shall be determined by an affirmative majority vote of the present and voting members of the board of adjustment.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.