The lawful use of land or premises existing at the time of the adoption of the zoning ordinance may be continued, even though the use, lot, or occupancy does not conform to the provisions of the zoning ordinance. If the nonconforming use is discontinued for a period of more than one year, any subsequent use, lot, or occupancy of the land or premises shall be in conformance with such regulation.
S.D. Codified Laws § 11-6-39
Continuation of lawful uses existing when zoning ordinance adopted--If nonconforming use discontinued one year, subsequent use must conform
Applied in 2 court decisions — leading case Atkinson v. City of Pierre (2005)
Most recently applied in Atkinson v. City of Pierre (November 2005)
Source: SL 1975, ch 116, § 23; SL 2000, ch 69, § 67.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.