BELINGTON, W. Va. — A controversial ordinance being entertained by the Belington City Council would require current and future residents to apply for “occupancy and entrance permits” to live in the city.

Unsure of how to approach the issue, the council asked the city’s zoning board of appeals to evaluate it. That board determined state code only allows it to rule on ordinances already in the book, not proposed ones.

“We are are a subsection of judicial branch of the city, dealing with just zoning ordinances,” said Alan Coberly, chairman of the zoning board of appeals. “We don’t make them. We just determine whether or not something, like a variance or something along those lines can be granted because of the situation that contradicts an ordinance.”

The board, however, did look over the ordinance during Wednesday’s meeting.

“[Under the proposed ordinance] a person that wants to live in Belington needs to pay a $25 fee every year” Coberly said. “They must provide the proof of their electric bills, if they get trash service, any bills like that whatsoever must be brought monthly to the city hall to be verified so they can continue to be allowed to live in the city of Belington.”

Other provisions of the ordinance mandate:

— “Electric service by a gasoline, natural gas or propane engine generator is absolutely forbidden” with the only exception being if a state of emergency is declared.”

— Residents be under contract to a West Virginia Certified Solid Waste Hauler for weekly, at the door, garbage or trash service.”

— Residents must have “the ability and means to be able to mow and trim grass and weeds, structure maintenance, and trash and debris control.”

After meeting all the criteria, residents would have to fill out an application and be issued a permit.

Beyond the lack of authority to act upon the ordinance, the board also had concerns after looking over the opinion issued by the city’s attorney.

“The city attorney in the information we received has issues with this ordinance as it is,” Coberly said. “Can’t go into specifics but he has some issues.”

The ordinance stipulates a $100 fine for non-compliance, plus $5 per day until the 30th day when a $250 dollar fine is issued, plus $5 per day. Non-compliance also would result in the revocation of a previously held permit, which would take away the ability to live in the city. It is not entirely clear how this would be executed.

While Coberly acknowledged the city faces issues of residents not paying bills on time and not having properties 100 percent to code, he said the measures in the ordinance go too far.

“You can’t just sit there and say ‘Well, you didn’t fix your roof and we’re going to fine you until you do’ when there are viable options out there for them,” he said. “Common sense has to come into play.”

The five members approved sending the ordinance back without action unanimously.

The ordinance will be reviewed by the city council during Thursday’s meeting at 7:30 p.m.