2011 South Dakota Code
Title 50 AVIATION
Chapter 10. Airport Zoning
§50-10-11 Application for variance--Circumstances under which variance allowed.

50-10-11. Application for variance--Circumstances under which variance allowed. Any person desiring to erect any structure, to increase the height of any structure, to permit the growth of any tree, or to otherwise use the person's property, in violation of airport zoning regulations adopted under this chapter, may apply to the board of appeals, as provided in § 50-10-15, for a variance from the zoning regulations in question. A variance shall be allowed if a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and be in accordance with the spirit of the regulations.

Source: SL 1943, ch 2, § 5 (2); SDC Supp 1960, § 2.0509; SL 2010, ch 227, § 59.