The City of Moundsville Board of Zoning Appeals shall have the following powers and duties:
(a) Hear, review, and determine appeals from an order, requirement, decision, or determination made by an administrative official charged with the enforcement of this Zoning Ordinance or rule and regulation adopted pursuant thereto.
(b) Authorize exceptions to the district rules and regulations only in the classes of cases or in particular situations as specified in this Zoning Ordinance.
(c) Hear and decide conditional uses of this Zoning Ordinance upon which the board is required to act under this Zoning Ordinance.
(d) Authorize, upon appeal in specific cases only as provided in this Zoning Ordinance, a variance to this Zoning Ordinance.
(e) Reverse, affirm, or modify the order, requirement, decision, or determination appealed from so long as the action of the Board taken on appeal is consistent with the rules, regulations, and requirements of this Zoning Ordinance.
(f) Authorize, upon appeal, the substitution of one legal non-confirming use existing at the effective date of this Zoning Ordinance for another similar non-conforming use. Provided further that upon substitution all applicable landscaping requirements of this code shall be satisfied.
(g) Promulgate and adopt written rules and regulations concerning:
(1) The filing of appeals, including the process and forms for appeal;
(2) Application for variances and conditional uses;
(3) The giving of notice; and
(4) The conduct of hearings necessary to carry out the Board's duties under the terms of this article.
(h) Keep minutes of the Board's proceedings.
(i) Keep an accurate and complete audit record of all the Board's proceedings and official actions and keep the audio record in a safe manner, which audio record is accessible within twenty-four (24) hours of demand, for three (3) years.
(j) Record the vote on all actions taken.
(k) Take responsibility for the custody and preservation of all papers and documents of the Board. All minutes and records shall be filed in the office of the Board and shall be public records.
(l) With consent of the governing body, hire employees necessary to carry out the duties and responsibilities of the Board, provided that the governing body sets the salaries.
(m) Supervise the fiscal affairs and responsibilities of the Board.
(Passed 10-3-17.)