Section
Generally
150.01 Authority for zoning and planning
150.02 Planning Commission
150.03 Building code
150.04 When building code ordinance not adopted
150.05 Disclosure of information of energy efficiency of residential building to buyer; alternative disclosure
150.06 Violations
Contractors
150.20 Requirements of contractors
Cross-reference:
Local provisions for building regulations, planning commission and ordinances, see Title XVII
Nuisances, see Ch. 90
Statutory reference:
Authority to adopt codes, see SDCL § 9-33-4.1
Fire protection and safety regulations, see SDCL Chapter 9-33
GENERALLY
(A) The municipality shall have the power to regulation zoning and planning pursuant to SDCL § 11-4-1 and therein for the purpose of promoting health, safety, or the general welfare of the community the governing body may regulate and restrict the height, number of stories, and size of building and other structures; the percentage of lot that may be occupied; the size of the yards, courts, and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, flood plain, or other purposes.
(SDCL § 11-4-1)
(B) For violations of SDCL Chapter 11-4, see § 150.06.
Pursuant to SDCL § 11-6-2, the municipality shall create a Planning and Zoning Commission to develop and implement a comprehensive plan and the zoning regulations in each of the municipality's districts. The municipality shall appropriate a fund for the expenditures of the commission and further set out the qualifications of the members, mode of appointment, tenure of office, compensation, powers, duties and rules governing such board.
If the governing body of any local unit of government adopts any ordinance prescribing standards for new construction, the ordinance shall comply with the 2018 edition of the International Building Code as published by the International Code Council, Incorporated. The governing body may amend, modify, or delete any portion of the International Building Code before enacting such an ordinance. Additional deletions, modifications, and amendments to the municipal ordinance may be made by the governing body and are effective upon their adoption and filing with the municipal finance officer. Additional deletions, modifications, and amendments to the county ordinance may be made by the governing body, and are effective upon their adoption and filing with the county auditor. No ordinance may apply to mobile or manufactured homes as defined in SDCL Chapter 32-7A that are constructed in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of construction. No ordinance may require that any fire sprinkler be installed in a single family dwelling. No ordinance may apply to any specialty resort or vacation home establishment as defined in SDCL Chapter 34-18 that is constructed in compliance with the requirements of Group R-3 of the 2018 edition of the International Building Code.
(SDCL § 11-10-5) Penalty, see § 10.99
The design standard for any new construction commenced after July 1, 2018, within the boundaries of any local unit of government that has not adopted an ordinance prescribing standards for new construction pursuant to SDCL § 11-10-5 shall be based on the 2018 edition of the International Building Code as published by the International Code Council, Incorporated. Each local unit of government may adopt an ordinance allowing local administration and enforcement of the design standard. The provisions of this section do not apply to new construction for any one or two family dwelling, mobile or manufactured home, townhouse, or farmstead and any accessory structure or building thereto. For purposes of this section the term, FARMSTEAD, means a farm or ranch, including any structure or building located on the land. The provisions of this section do not apply to any mobile or manufactured home as defined in SDCL Chapter 32-7A that is used for purposes other than residential that is constructed in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of construction if the structure complies with applicable accessibility standards for the occupancy intended. The provisions of this section do not apply to any specialty resort or vacation home establishment as defined in SDCL Chapter 34-18 that is constructed in compliance with the requirements of Group R-3 of the 2018 edition of the International Building Code.
(SDCL § 11-10-6)
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