11-14-1      Adoption or change of zoning regulations by local governing body--Public hearing--Notice.
11-14-2      Delegation of zoning administration and enforcement.
11-14-3      Board of appeals_Duties.
11-14-4      Promulgation of rules--Meetings--Witnesses--Record of proceedings.
11-14-5      Appeals to board--Time for appeal--Procedure.
11-14-6      Stay of proceedings--Exception--Restraining order.
11-14-7      Hearing of appeal--Notice of hearing.
11-14-8      Actions of board--Scope of review.
11-14-9      Board to decide by majority vote.
11-14-10      Appeal to circuit court from board of appeals--Petition--Time for petition.
11-14-11      Certiorari to board of appeals--Writ as not staying proceedings--Grant of restraining order--Return to writ.
11-14-12      Jurisdiction of court--Further proceedings by board of appeals.
11-14-13      Findings of fact as conclusive on court--Objections not urged before board.
11-14-14      Allowance of costs.
11-14-15      Court action against violators--Injunction.
11-14-16      Acquisition of property by purchase, grant, or condemnation.

11-14-1. Adoption or change of zoning regulations by local governing body--Public hearing--Notice.

No airport zoning regulations may be adopted, amended, or changed under chapter 50-10 except by action of the governing body of the political subdivision in question after a public hearing at which parties in interest and citizens shall have an opportunity to be heard. Notice of the hearing shall be given at least fifteen days prior to the date of the hearing by publication of a notice of the time and place of holding the hearing in a legal newspaper or a newspaper of general circulation published in the political subdivision or subdivisions in which is located the airport hazard to be zoned. However, if there be no such newspaper, the notice shall be published in the nearest legal newspaper or newspaper of general circulation.

Source: SL 1943, ch 2, § 6 (1); SL 1949, ch 8, § 4; SDC Supp 1960, § 2.0511; SL 2010, ch 227, § 60; SDCL § 50-10-13; SL 2019, ch. 203, § 84.

11-14-2. Delegation of zoning administration and enforcement.

The governing body of any political subdivision adopting airport zoning regulations under chapter 50-10 may delegate the duty of administering and enforcing the regulations to any administrative agency under its jurisdiction. The administrative agency may not be or include any member of the board of appeals. The agency may not have or exercise any of the powers delegated to the board of appeals.

Source: SL 1943, ch 2, § 6 (2); SDC Supp 1960, § 2.0512; SL 2010, ch 227, § 61; SDCL § 50-10-14; SL 2019, ch. 203, §§ 30, 84.

11-14-3. Board of appeals--Duties.

Airport zoning regulations adopted under chapter 50-10 shall provide for the appointment of a board of appeals to:

(1)    Hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of chapter 50-10 or of any ordinance adopted under chapter 50-10; and

(2)    Hear and decide special exceptions to the terms of the ordinance upon which the board may be required to pass under the ordinance.

If a zoning board of appeals or adjustment already exists, it may be appointed as the board of appeals. The board of appeals shall consist of five members, each appointed for a term of three years and removable for cause by the appointing authority upon written charges and after public hearing.

Source: SL 1943, ch 2, § 6; SDC Supp 1960, § 2.0513; SDCL § 50-10-15; SL 2019, ch. 203, §§ 31, 84.

11-14-4. Promulgation of rules--Meetings--Witnesses--Record of proceedings.

The board established pursuant to § 11-14-3 shall adopt rules in accordance with the provisions of any ordinance adopted under chapter 50-10. Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. The chair, or in the chair's absence the acting chair, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. The minutes shall immediately be filed in the office of the board and are a public record.

Source: SL 1943, ch 2, § 6; SDC Supp 1960, § 2.0513; SL 2010, ch 227, § 62; SDCL § 50-10-16; SL 2019, ch. 203, § 84.

11-14-5. Appeals to board--Time for appeal--Procedure.

Appeals to the board established pursuant to § 11-14-3 may be taken by any person aggrieved, or by any officer, department, board, or bureau of the political subdivision affected, by any decision of the administrative agency. An appeal must be taken within a reasonable time, as provided by the rules of the board, by filing with the agency from which the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

Source: SL 1943, ch 2, § 6; SDC Supp 1960, § 2.0513; SDCL § 50-10-17; SL 2019, ch. 203, § 84.

11-14-6. Stay of proceedings--Exception--Restraining order.

An appeal pursuant to § 11-14-3 shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings may not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application on notice to the agency from which the appeal is taken and on due cause shown.

Source: SL 1943, ch 2, § 6; SDC Supp 1960, § 2.0513; SL 2010, ch 227, § 63; SDCL § 50-10-18; SL 2019, ch. 203, § 84.

11-14-7. Hearing of appeal--Notice of hearing.

The board of appeals shall fix a reasonable time for the hearing of an appeal pursuant to § 11-14-3, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

Source: SL 1943, ch 2, § 6; SDC Supp 1960, § 2.0513; SDCL § 50-10-19; SL 2019, ch. 203, § 84.

11-14-8. Actions of board--Scope of review.

The board of appeals may, in conformity with the provisions of chapter 50-10, reverse or affirm, wholly or partially, or modify, the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrative agency from which the appeal is taken.

Source: SL 1943, ch 2, § 6; SDC Supp 1960, § 2.0513; SDCL § 50-10-20; SL 2019, ch. 203, § 84.

11-14-9. Board to decide by majority vote.

The concurring vote of a majority of the members of the board of appeals shall be sufficient to reverse any order, requirement, decision, or determination of the administrative agency, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

Source: SL 1943, ch 2, § 6; SDC Supp 1960, § 2.0513; SDCL § 50-10-21; SL 2019, ch. 203, § 84.

11-14-10. Appeal to circuit court from board of appeals--Petition--Time for petition.

Any person aggrieved by any decision of the board of appeals, or any taxpayer, or any officer, department, board, or bureau of the political subdivision, may present to the circuit court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the decision is filed in the office of the board.

Source: SL 1943, ch 2, § 7; SDC Supp 1960, § 2.0514 (1); SDCL § 50-10-22; SL 2019, ch. 203, § 84.

11-14-11. Certiorari to board of appeals--Writ as not staying proceedings--Grant of restraining order--Return to writ.

Upon presentation of a petition pursuant to § 11-14-10, the circuit court may allow a writ of certiorari directed to the board of appeals to review such decision of the board. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown grant a restraining order. The board of appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

Source: SL 1943, ch 2, § 7; SDC Supp 1960, § 2.0514 (2), (3); SDCL § 50-10-23; SL 2019, ch. 203, § 84.

11-14-12. Jurisdiction of court--Further proceedings by board of appeals.

The circuit court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review pursuant to § 11-14-11, in whole or in part, and if need be, to order further proceedings by the board of appeals.

Source: SL 1943, ch 2, § 7; SDC Supp 1960, § 2.0514 (4); SDCL § 50-10-24; SL 2019, ch. 203, § 84.

11-14-13. Findings of fact as conclusive on court--Objections not urged before board.

The findings of fact by the board of appeals, if supported by substantial evidence, shall be accepted by the circuit court as conclusive, and no objection to a decision of the board shall be considered by the court unless such objections shall have been urged before the board, or, if it was not so urged, unless there were reasonable grounds for failure to do so.

Source: SL 1943, ch 2, § 7; SDC Supp 1960, § 2.0514 (4); SDCL § 50-10-25; SL 2019, ch. 203, § 84.

11-14-14. Allowance of costs.

Costs shall not be allowed against the board of appeals unless it appears to the circuit court that it acted with gross negligence, in bad faith, or with malice, in making the decision appealed from.

Source: SL 1943, ch 2, § 7; SDC Supp 1960, § 2.0514 (5); SDCL § 50-10-26; SL 2019, ch. 203, § 84.

11-14-15. Court action against violators--Injunction.

In addition, either the political subdivision within which the property is located or the commission may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of chapter 50-10, or of airport zoning regulations adopted under chapter 50-10, or of any order or ruling made in connection with their administration or enforcement. The court shall adjudge to the plaintiff such relief, by way of injunction, which may be mandatory or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of chapter 50-10 and of the regulations adopted and orders and rulings made pursuant thereto.

Source: SL 1943, ch 2, § 8; SDC Supp 1960, § 2.0515; SL 2010, ch 227, § 64; SDCL § 50-10-27; SL 2019, ch. 203, § 84.

11-14-16. Acquisition of property by purchase, grant, or condemnation.

In any case in which:

(1)    It is desired to remove, lower, or otherwise terminate a nonconforming use;

(2)    The approach protection necessary according to the airport layout plan cannot, because of constitutional limitations, be provided by airport zoning regulations under chapter 50-10; or

(3)    It appears advisable that the necessary approach protection be provided by acquisition of property rights;

the political subdivision within which the property or nonconforming use is located or the political subdivision owning the airport or served by it, shall acquire by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, such an air right, easement, or other estate or interest in the property or nonconforming use in question as may be necessary to effectuate the purposes of chapter 50-10.

Source: SL 1943, ch 2, § 9; SDC Supp 1960, § 2.0516; SL 2010, ch 227, § 65; SL 2014, ch 222, § 76; SDCL § 50-10-28; SL 2019, ch. 203, § 84.