Family. A "family," as defined in §
103-3, definition of "family," Subsection
(3), may be permitted by the Board of Appeals provided that said Board finds the occupants constitute a functional family unit, which means a group of three or more individuals living together in a single dwelling unit and functioning as a family with respect to those characteristics that are consistent with the purposes of zoning restrictions in residential neighborhoods. In determining whether or not a group of unrelated individuals is a functional family unit under the definition set forth above, the Zoning Board of Appeals may consider, among other things, the following factors:
(1)
Whether occupants share the entire dwelling unit as contrasted with
a situation where the various occupants act as separate roomers.
(2)
Whether the household has stability with respect to the purpose of
the Zoning Ordinance. Evidence of such stability may include, among
other things, the following:
(a)
The presence of minor, dependent children regularly residing
in the household.
(b)
Enrollment of dependent children in local schools.
(c)
Proof of the sharing of expenses for rent or ownership costs,
utilities and other household expense.
(d)
Whether the household has been living together as a unit for
a year or more; either in the current dwelling unit or other location.
(3)
Whether the household appears to preserve and maintain the harmonious
character of the residential district in which the household is located.
(4)
Whether the rooms providing living, cooking, sanitary and sleeping
facilities meet the minimum dwelling space requirements of the New
York State Uniform Building Code.
(5)
Whether the household is a temporary living arrangement or a framework
for transient living, such as a boardinghouse, a temporary residential
home or a fraternity or sorority house.
(6)
Whether adequate provision has been provided for off-street parking
and related problems which are consistent with the regulations of
the zoning district in which the household resides.
(7)
Any other factor reasonably related to whether or not the group of
persons is the functional equivalent of a family.