§ 118-226. Occupancy of single-family dwelling unit.

(a)

The occupancy of a single-family dwelling unit for residential use by persons not constituting a family is prohibited; except that this subsection does not prohibit temporary guests or invitees of a family residing in the dwelling unit from temporarily occupying the dwelling unit.

(b)

There shall be at least one bedroom in a dwelling unit for each two persons over the age of 15 residing in the dwelling.

(c)

There shall be a rebuttal presumption that three or more persons living in a dwelling unit that are not related by blood, marriage, legal guardianship or adoption are not a family. Further, there shall be a rebuttal presumption that a dwelling unit having more than two vehicles parked overnight on a regular basis on the premises that are registered in different last names contains a group of persons not constituting a family. When a rebuttal presumption exists, the burden is upon the persons living in a dwelling unit to show by competent, substantial evidence that such persons constitute a family considering the following factors: (i) a single, non-profit housekeeping unit; (ii) permanent and stable living arrangement, rather than transient living arrangement; (iii) headed by a householder caring for children as one would likely find in a biologically unitary family; (iv) persons share the entire dwelling unit and culinary facilities; (v) persons share use of vehicle(s); and (vi) whether Florida Statutes or case law deems such persons to be a family unit or permitted to reside in a single-family dwelling as a matter of law.

(Ord. No. 17-21, § 5, 8-24-17)