Bicknell planning commission clears tightened home-occupation draft and sends it to town council

The Bicknell Planning and Zoning Commission on May 20 approved sending a tightened draft home-occupation ordinance to the town council for its review and possible adoption.

The commission, meeting at Bicknell Town Hall, spent the bulk of its session revising language intended to clarify the difference between home occupations and conditional-use commercial activity in residential zones. Commissioners focused on application and approval procedures, limits on employees and on-site work, and rules for vehicles and off-street parking.

The draft as approved by the commission keeps the town clerk as the initial reviewer of a home-occupation application while preserving a pathway for cases that do not meet clerk-level conditions to be referred to the planning commission for additional conditions or a determination about a conditional-use process. Commissioners removed a stand-alone numerical cap on employees at a residence and instead clarified that bona fide residents may work for the home business; outside employees who perform work at the residence would trigger further review under conditional-use rules.

The commission also tightened vehicle language. The draft requires that vehicles undergoing work be actively worked on at the residence and not remain on the premises longer than 30 days unless stored inside an outbuilding or behind a privacy fence. The group discussed, and removed, an earlier specific limit on the number of nonowner vehicles so that the revised provisions instead address vehicle storage, visible “eyesore” conditions and off-street parking requirements.

Members said the changes are intended to make the ordinance readable and enforceable while protecting the residential character of neighborhoods. Commissioners discussed an example raised during the meeting involving a resident who has proposed running a quilting operation and possibly using a nearby building; commissioners said small, single-operator activities permitted as home occupations (selling work made on the premises or teaching a one-on-one class) differ from larger retail operations with employees, which would require commercial zoning or conditional-use review.

The commission voted to forward the draft to town council. Connie Durfee moved to send the draft home-occupation ordinance to the council; Katie McDonald seconded. The roll call vote recorded five yes votes (Darcy King, Diane Frazier, Katie McDonald, Connie Durfee, Ellen Anderson) and the motion carried.

The commission also reviewed takeaways from recent training sessions, including guidance to simplify ordinance language and to base zoning decisions on protecting public health, safety and welfare. Commissioners noted that the town council may ask questions or seek education on the distinctions between home occupations and conditional uses and said they will provide the council with explanatory materials and statutory citations as the draft moves forward.

The commission asked staff to finalize formatting (bulleting/examples and consistent capitalization), to clarify references to state code, and to remove an inconsistent employee cap before the council receives the draft. With those edits, the commission sent the draft on for the council’s consideration.