12. Occupancy. No person may reside on the lot except as allowed by this section. For the purposes of this section, to “reside on” the lot means to stay or be physically present upon the lot for more than thirty days in one calendar year or for longer than ten consecutive days. Secondary structures and accessory structures must not be used as residences unless approved in writing by the Developer. The primary structure on the lot shall be used as a single-family dwelling house and occupied by one family. A separate living area, no more than one upon the lot, whether located in the primary structure or in a secondary structure, and including sufficient facilities to bathe, cook, and sleep, may be occupied by no more than two unrelated persons or one family of no more than six persons. The portion of the main structure not including the separate living area, if any, shall be considered one dwelling unit and the separate living area, if any, shall be considered one dwelling unit. The primary structure must be occupied by the owner of the lot unless the entirety of the lot and all structures thereon are subject to a single lease agreement. The separate living area may be occupied pursuant to a separate lease agreement, which may not include the right to occupy any other structures upon the lot except the structure containing the separate living area. All lease agreements by which any lot or portion of a lot or any structure upon a lot are occupied must include a requirement that the lessee abide by these Restrictions, must provide the Developer with the legal right to seek eviction on behalf of the lessor if these Restrictions are violated by the lessee, and must be filed in writing with the Developer prior to the effective date of the lease. The owner of the lot, any lessees of the owner, and all other occupants of a lot are required to adhere to these Restrictions and to ensure that all guests, invitees, licensees, and other persons entering upon the lot adhere to these Restrictions.

For the purposes of this section, a “family” is defined as any number of persons who occupy the dwelling unit and live together as a traditional family or the functional equivalent of a traditional family. It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage, or legal adoption do not constitute the functional equivalent of a traditional family. In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present: (1) The group is one which in theory, size, appearance, structure, and function resembles a traditional family unit; (2) The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit and must not act as separate roomers; (3) The group shares expenses for food, rent, or ownership costs, utilities, and other household expenses; (4) The group is permanent and stable (evidence of which may include the presence of minor dependent children regularly residing in the dwelling unit who are enrolled in local schools; the use of the same address for driver’s license, motor vehicle, and other registration and the filing of tax returns; the household having lived together as a unit for one year or longer whether in the dwelling unit or elsewhere; common ownership of furniture and appliances among the members of the household; and the group not being transient or temporary in nature); and (5) Any other factor reasonably related to whether or not the group is the functional equivalent of a family.

No person who is required to register under Section 12.1-32-15 of the North Dakota Century Code or equivalent law may reside upon any lot.