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Chapter 117
Frequently Asked Questions
View Questions by Topic | View ALL Questions | Chapter 117 Resources
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FAQs on Multifamily Dwellings 14. Is there a statutory definition for "multifamily dwellings?" View Questions by Topic | View ALL Questions | Chapter 117 Resources 14. Is there a statutory definition for "multifamily dwellings?" No. Because this term is not defined in Chapter 117, municipalities are free to define it in their bylaws. However, since the Legislature has specifically exempted one- and two-family dwellings from site plan review, bylaws should not define multifamily dwellings as anything less than three dwellings per unit. 24 V.S.A. § 4416. Back to Top | View Questions by Topic | View ALL Questions | Chapter 117 Resources 15. Can multifamily dwellings be reviewed as a conditional use? Yes. A municipality may subject multifamily dwellings to conditional use review. However, multifamily dwellings should not be defined as anything less than three dwellings per unit. Moreover, the bylaws cannot be so strict as to have the effect of prohibiting multifamily dwellings from the municipality. 24 V.S.A. §§ 4416, 4412(1)(D), 4414(3). Back to Top | View Questions by Topic | View ALL Questions | Chapter 117 Resources 16. Can multifamily dwellings be relegated to a particular district in a municipality? Yes. A municipal zoning bylaw may not prohibit multifamily dwellings from the municipality entirely, but the bylaw may relegate those dwellings to a particular district or districts in the municipality. 24 V.S.A. § 4412(1)(D). Back to Top | View Questions by Topic | View ALL Questions | Chapter 117 Resources 17. Can a municipality limit the number of multifamily dwellings in a district? No. Municipalities may not limit, or cap, the number of multi-family dwellings in a district. However, municipalities may establish a density requirement or other planning device to limit the intensity to which multifamily dwellings could be built in a particular district. Any regulations prohibiting multifamily dwellings in any way must be rationally related to advancing a legitimate municipal interest, such as using a density requirement to inhibit overly intensive land development in a particular district. 24 V.S.A. § 4412(1)(D). Back to Top | View Questions by Topic | View ALL Questions | Chapter 117 Resources 18. Are multifamily dwellings permitted as of right? No, multi-family dwellings are not permitted as of right; municipalities can require multi-family dwellings to undergo any review (such as site plan, conditional use, etc.) that is specified in the municipal bylaw. However, those reviews and their associated regulations cannot have the effect of excluding these types of dwellings from the municipality. 24 V.S.A. § 4412. Back to Top | View Questions by Topic | View ALL Questions | Chapter 117 Resources |