A. Appointment: The county manager, with the advice and consent of the county council, shall appoint five (5) members to the board of adjustment for three (3) year terms, or until the member's successor is appointed. Members shall serve no more than three (3) consecutive terms.
B. Removal: The county manager may remove any member for intentional misconduct or neglect of duty. Violation of county policies shall be tantamount to misconduct hereunder, and failure to attend two (2) consecutive board meetings shall be tantamount to the neglect of duty hereunder. The CDD or designated planning staff member shall immediately file a notification of such nonattendance with the county manager. The county manager may, by appropriate action, terminate the appointment of such person and fill the vacancy thereby created as soon as possible for the unexpired term.
C. Officers: The members shall annually select a chair and vice chair for one year terms.
D. Vacancies: Vacancies on the board occasioned by removals, resignations, or otherwise, shall be filled for the unexpired term in the same manner as the original appointments.
E. Powers And Duties:
1. The board of adjustment shall hear and decide:
a. Variances from the terms of the zoning provisions established in chapter 3 of this title, said variances to be only granted pursuant to the provisions of this title regarding variances.
2. The board of adjustment shall not have the power, jurisdiction or authority to consider any of the following:
a. Variances to the standards governing approval of subdivisions, site plans, specially planned area plans, consent agreements, levels of service, or conditional use permits;
b. Amendments to the eastern Summit County general plan and any element or map thereof, including permissible use of land within any land use category or zoning district; or
c. Variances from the use provisions of the zoning regulations.
F. Staff: The community development department shall be and serve as the professional staff of the board of adjustment.
G. Meetings:
1. The board shall meet monthly and conduct business in compliance with the Utah open meetings act, including public notification of meeting places, times, and agenda items.
2. Written minutes of each board meeting shall be prepared, preserved, and made available for public inspection.
3. The attendance of three (3) or more members of the board shall constitute a quorum. All official acts of the board shall be by majority vote of those then present.
H. Qualifications For Membership: Members of the BOA shall be residents of the county for one year prior to their appointment and shall remain residents of the county throughout their terms. (Ord. 744, 7-14-2010)