Board of adjustment to consider variances in hardship cases--Municipal planning and zoning adjustment provisions apply.

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11-6-25. Board of adjustment to consider variances in hardship cases--Municipal planning and zoning adjustment provisions apply.

The city council may provide for a board of adjustment, or may authorize the planning and zoning commission to serve as a board of adjustment to make special exceptions or grant variances to the regulations adopted under §11-6-24 in specific cases, in order that unwarranted hardship, which constitutes an unreasonable deprivation of use as distinguished from the mere grant of a privilege, may be avoided. The provisions of §§11-4-13 to 11-4-29, inclusive, shall apply to any actions under this section.

Source: SL 1949, ch 198, §10; SDC Supp 1960, §45.3310; SL 1966, ch 145; SL 1975, ch 116, §15.


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