Vermont § 4413 - Limitations on municipal bylaws

§ 4413. Limitations on municipal bylaws

• (a)(1) The following uses may be regulated only with respect to location, size, height, building
  bulk, yards, courts, setbacks, density of buildings, off-street parking, loading facilities,
  traffic, noise, lighting, landscaping, and screening requirements, and only to the
  extent that regulations do not have the effect of interfering with the intended functional
  use: (A) State- or community-owned and -operated institutions and facilities; (B) public and private schools and other educational institutions certified by the Agency
  of Education; (C) churches and other places of worship, convents, and parish houses; (D) public and private hospitals; (E) regional solid waste management facilities certified under 10 V.S.A. chapter 159; (F) hazardous waste management facilities for which a notice of intent to construct has
  been received under 10 V.S.A. § 6606a; (G) emergency shelters; and (H) hotels and motels converted to permanently affordable housing developments. [Subdivision (a)(2) effective until January 1, 2028; see also subdivision (a)(2) effective
  January 1, 2028 set out below.] (2) Except for State-owned and -operated institutions and facilities, a municipality may
  regulate each of the land uses listed in subdivision (1) of this subsection for compliance
  with the National Flood Insurance Program and for compliance with a municipal ordinance
  or bylaw regulating development in a flood hazard area or river corridor, consistent
  with the requirements of subdivision 2291(25) and section 4424 of this title. These regulations shall not have the effect of interfering with the intended functional
  use. [Subdivision (a)(2) effective January 1, 2028; see also subdivision (a)(2) effective
  until January 1, 2028 set out above.] (2) Except for State-owned and -operated institutions and facilities, a municipality may
  regulate each of the land uses listed in subdivision (1) of this subsection for compliance
  with the National Flood Insurance Program and for compliance with a municipal ordinance
  or bylaw regulating development in a flood hazard area, consistent with the requirements
  of subdivision 2291(25) and section 4424 of this title. These regulations shall not have the effect of interfering with the intended functional
  use. (3) For purposes of this subsection, regulating the daily or seasonal hours of operation
  of an emergency shelter shall constitute interfering with the intended functional
  use.