2011 South Dakota Code
Title 50 AVIATION
Chapter 10. Airport Zoning
§50-10-10 Permits for new, replacement, or altered structures--Conditions for granting permit.

50-10-10. Permits for new, replacement, or altered structures--Conditions for granting permit. If advisable to facilitate the enforcement of zoning regulations adopted pursuant to this chapter, a system may be established for granting permits to establish or construct new structures and other uses and to replace existing structures and other uses or make substantial changes therein or substantial repairs thereof. Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit shall be secured from the administrative agency authorized to administer and enforce the regulations, authorizing such replacement, change, or repair. No permit may be granted that would allow the structure or tree in question to be made higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted. If the administrative agency determines that a nonconforming structure or tree has been abandoned or more than eighty percent physically deteriorated, or decayed, no permit may be granted that would allow the structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. Except as indicated all applications for permits for replacement, change, or repair of nonconforming uses shall be granted.

Source: SL 1943, ch 2, § 5 (1); SDC Supp 1960, § 2.0508; SL 2010, ch 227, § 58.