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Bicknell planning commission approves revisions to conditional-use rules and sends ordinance changes to town council
Summary
The commission voted to send updates to Section 16 of the town's building ordinance to town council, clarifying allowed conditional uses, application procedures, notice requirements (property owners within 300 feet), and an 18-month approval validity; commissioners left the legal phrase 'reasonably likely adverse impact' intact after discussion.
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The Bicknell Planning and Zoning Commission approved a set of amendments to Section 16 (conditional uses) of the town's building ordinance and voted to forward the package to the town council for final action.
Commissioners said the changes are intended to "plug a hole" in the ordinance so conditional-use review can assign conditions and prevent incompatible commercial conversions of residential parcels. The draft enumerates permissible conditional uses (including government buildings, medical facilities, churches, cultural uses, public parks, utilities and residential facilities for elderly or disabled persons), clarifies that conditional-use approvals run with the land, and adds clearer procedural steps for applicants.
Key procedural changes discussed and adopted include: requiring applicants to submit the town's application form with two copies of the site plan and building elevations; placing completed applications on the next available planning commission agenda for a completeness review before a public hearing; a requirement that the town send notice to property owners within 300 feet of the subject property; and a standard advertising period (two-week advertising to meet legal requirements) ahead of hearings. Commissioners also set approval validity at 18 months, after which, if no substantial progress toward construction has been made, the approval expires and fees must be resubmitted.
Commissioners briefly debated whether to change the legal phrasing "reasonably likely adverse impact." After discussion about legal usage and clarity, they kept the existing wording (a common judicial standard) in the draft. A motion to approve the amendments and forward them to town council passed by majority vote.
Next steps: the package will be scheduled on a town council agenda for final approval; if approved, it will change the town's conditional-use review process and notice/appeal pathway.
