Boxdorfer v. Sully County Board of Adjustment

Summary

The South Dakota Supreme Court reviewed a circuit court judgment upholding a special use permit for a drag strip on agricultural land in Sully County. The court held that the county zoning ordinance did not preclude the Board of Adjustment from granting a special use permit for a use specifically excluded from the list of permitted uses, provided the requirements for special use permits were satisfied. The court also concluded that sufficient evidence supported the Board's findings concerning the temporary nature of the improvements, neighboring-property impacts, noise, and traffic.

Holdings

1. A county board of adjustment may grant a special use permit for a use that is not allowed as a matter of right, including a use specifically identified as excluded from the list of permitted uses, so long as the applicant satisfies the conditions governing special use permits.
2. The evidence was sufficient to support the Board of Adjustment's decision to issue the special use permit.

Questions Presented

1. Whether a special use permit may be issued for a use specifically excluded from the list of permitted principal uses in an agricultural zoning district.
2. Whether sufficient evidence supported the Board of Adjustment's issuance of the special use permit.

Disposition

affirmed