The concurring vote of at least two-thirds of the members of the board of adjustment is necessary to reverse any order, requirement, decision, or determination of the administrative officer, or to effect any variation in an ordinance. An initial conditional use determination of the board of adjustment shall be determined by the vote set forth in § 11-4-4.1.
S.D. Codified Laws § 11-4-23
Vote required
Applied in 1 court decision — leading case City of Madison v. Clarke (1980)
Most recently applied in City of Madison v. Clarke (February 1980)
Source: SL 1927, ch 176, § 7; SDC 1939, § 45.2607; SL 1975, ch 114, § 7; SL 2006, ch 65, § 1; SL 2015, ch 72, § 10; SL 2021, ch 55, § 9.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.