The Board of Appeals shall, upon appeal, hear and decide:
A. Any matter where the applicant alleges that the Building Inspector
or Zoning Enforcement Officer was in error in refusing to issue a
building permit, use permit or certificate of occupancy, as a result
of misinterpreting the meaning, intent or application of any section
or part of this chapter.
B. Any matter where the applicant alleges that the Building Inspector
or Zoning Enforcement Officer was in error in his determination as
to the exact location of a district boundary line on the Zoning Map that forms a part of this chapter.
C. Any other matter for which review is authorized pursuant to any of
the provisions of this Zoning Chapter.
D. Where an application has been made by or on behalf of more than three
persons not related by blood, marriage or adoption to be considered
to constitute a single-family unit, and the application is denied
by the Building Inspector or Zoning Enforcement Officer, the applicants
may appeal to the Zoning Board. There shall be a presumption that
such applicants do not constitute a single family for the purposes
of this chapter and the applicants must rebut this presumption by
clear and convincing evidence to the contrary. Such evidence shall
establish that the unit is permanent in nature and not transient,
does not constitute a temporary living arrangement such as a group
of students sharing a house on a temporary basis, is in all respects
a single housekeeping unit and is by all outward appearances a normal,
stable and permanent family unit in the community. The applicant shall
also have the burden of establishing that the number of persons in
the unit is reasonably related to the size of the dwelling proposed
to be occupied, that the dwelling unit has adequate water and septic
facilities, and that the approval of the application will not significantly
change the character of the neighborhood or district.
E. Any application for appeal to the Board of Appeals shall be filed
within 30 days from the date of the decision or determination made
by the Building Inspector or Zoning Enforcement Officer.