Bicknell council to finalize conditional-use section after debate over medical clinics and zone definitions

Bicknell Town officials on May 29 reviewed a draft conditional-use amendment to the town’s building and zoning ordinance (section 16) and directed staff to prepare a revised version for a formal vote next week.

The proposed text lists permitted conditional uses (government offices, medical facilities, churches, cultural services, parks, recreation facilities and public utilities) and adds a clause—advocated by town legal counsel and planners—stating that uses not listed are explicitly denied. Council members said the clause is important to avoid leaving the town unable to refuse ad hoc conditional-use requests.

Planning commission members and council participants told the meeting the current code is broad and effectively allows any conditional-use request because it lacks an explicit “deny unlisted uses” rule. One participant summarized the land-use advice they had received from a consultant: if a use is not listed in the ordinance, deny it; if the ordinance contains only a right to apply for conditional use without limits, applicants will almost always be permitted with conditions.

Council discussion focused on two linked questions: whether the conditional-use list should be identical across Bicknell’s zones (residential/agricultural and commercial) and whether some specific uses—chiefly medical clinics—should be removed from residential conditional-use eligibility. Several council members said they favor protecting residential areas and steering potentially intrusive services to commercial zones, but noted the town has very little land currently zoned commercial.

After extended discussion the council reached two operating decisions: staff should revise the draft so the conditional-use list is explicit and consistent with each zone’s definition, and the council will vote on the ordinance amendment at the next meeting. Council members also instructed staff to prepare a version that removes “medical facilities” from the list of uses allowed by conditional use in residential areas while keeping medical uses allowable in the commercial zone. The town noted that an existing clinic is grandfathered and would not be removed retroactively.

Councilmembers and planning commissioners asked staff to return with clearer zone definitions and a cross‑reference table showing which uses would be permitted by right, permitted by conditional use, or explicitly denied in each zone. Participants said the short-term goal of the amendment is to close a legal gap that currently allows almost any conditional‑use request to proceed by right.

The council did not adopt a final ordinance at the May 29 work meeting; a formal vote was scheduled for the next regular meeting, after staff incorporates the requested changes and circulates the revision to members for review.