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(a) In determining whether a settlement comprises a community, the commission may consider relevant factors, including whether the
(1) settlement is inhabited by at least 25 individuals;
(2) inhabitants reside permanently in a close geographical proximity that allows frequent personal contacts and comprise a population density that is characteristic of neighborhood living; and
(3) inhabitants residing permanently at a location are a discrete and identifiable social unit, as indicated by such factors as school enrollment, number of sources of employment, voter registration, precinct boundaries, permanency of dwelling units, and the number of commercial establishments and other service centers.
(b) Absent a specific and persuasive showing to the contrary, the commission will presume that a population does not constitute a community if
(1) public access to or the right to reside at the location of the population is restricted;
(2) the population is adjacent to a community and is dependent upon that community for its existence; or
(3) the location of the population is provided by an employer and is occupied as a condition of employment primarily by persons who do not consider the place to be their permanent residence.
History: Eff. 7/31/92, Register 123; am 5/19/2002, Register 162
Authority: Art. X, sec. 12,
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Last modified 7/05/2006