FOR AN ACT ENTITLED, An Act
to reduce the voting requirements of the board of
adjustment and to increase the minimum number of members appointed to the planning and
zoning commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
11-2-25.1
be amended to read as follows:
11-2-25.1.
The board of county commissioners may
provide for the appointment of
appoint
the planning and zoning commission to serve as a board of adjustment
, and in the regulations
and controls adopted pursuant to this chapter may provide that the said
. The
board of adjustment
may
,
in specific cases
, in order that
to avoid
unwarranted hardship
,
which constitutes an
unreasonable deprivation of use as distinguished from the mere grant of a privilege,
may be
avoided, make,
make
upon an affirmative vote of
three-fourths
two-thirds
of the full
membership of the board of adjustment, special exceptions
,
or grant variances to the terms of
the regulations or controls, subject to appropriate conditions or safeguards being adopted by the
board of county commissioners.
Section
2.
That
§
11-2-2
be amended to read as follows:
11-2-2.
For the purpose of promoting health, safety, morals
,
and the general welfare of the
county, the board of county commissioners of each county in the state, shall appoint a
commission of
three
five
or more members, the total membership of which shall always be an
uneven number and at least one member of which shall be a member of the board, to be known
as the county planning commission. Such commission shall also be the county zoning
commission.
BILL HISTORY
1/24/97 First read in House and referred to Local Government.
H.J.
114
2/4/97 Scheduled for Committee hearing on this date.
2/4/97 Deferred to another day.
H.J.
290
2/6/97 Scheduled for Committee hearing on this date.
2/6/97 Deferred to another day.
H.J.
337
2/11/97 Scheduled for Committee hearing on this date.
2/13/97 Scheduled for Committee hearing on this date.
2/13/97 Local Government Do Pass Amended, AYES 13, NAYS 0.
H.J.
475
2/13/97 Local Government Title Amended.