30. What is the definition of a church as applied to the "Limitations" statute, 24 V.S.A. § 4413?
     Answer

31. What is an "other place of worship" under 24 V.S.A. § 4413?
     Answer

32. To what extent can municipalities regulate the facilities listed under 24 V.S.A. § 4413?
     Answer

33. How do you determine if zoning bylaws have the effect of "interfering with the intended functional use" of a project under 24 V.S.A. § 4413(a)?
     Answer

34. Can a municipality regulate utilities and, if so, to what extent?
     Answer

35. Are cell towers and wind towers considered utilities under the new state law?
     Answer

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While Vermont law does not define what a church is, municipalities may establish a definition in their zoning bylaws. Here is one definition from the Muskegon, Michigan zoning bylaw: "A building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes synagogue, temple, mosque, or other such place for worship and religious activities."

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An other place of worship could include mosques, synagogues, temples, or any other places of worship. These facilities should be only be regulated in the same manner and to the same degree as churches.

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A municipality may only regulate these facilities with respect to the following criteria: location, size, height, building bulk, yards, courts, setbacks, density of buildings, off-street parking, loading facilities, traffic, noise, lighting, landscaping, and screening requirements. It is an open legal question as to whether "location" refers to "location in the municipality" or to "location on the parcel." Clearly, there is authority to regulate location on the parcel, while it is not clear as to location within the municipality.

Additionally, regulation of these types of facilities cannot interfere with a facility's "intended functional use." 24 V.S.A. § 4413.

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This question is best answered through an example. Consider a State-operated prison, which typically requires intense lighting for security purposes. If a zoning bylaw establishes permissible lighting standards, which includes downshielding of all lights and elimination of all excess glare, such a regulation would clearly interfere with the intended functional use of keeping prisoners locked inside the prison. Therefore, municipal regulation of the facilities listed in 24 V.S.A. § 4413 must be somewhat fluid based on the needs of the facility, and is a matter to be weighed by the appropriate municipal panel hearing the application on the project.

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Municipalities have no zoning authority to regulate utilities, which are regulated by the Vermont Public Service Board. This means that municipalities cannot require a zoning review process for generating plants (including wind turbines connected to the electrical grid), transmission lines, or substations. This also applies to net-metered wind turbines or solar collectors, which return excess power to the electrical grid and are regulated by the Vermont Public Service Board. 30 V.S.A. §§ 219a(c), 248.

Municipalities may, through zoning regulations, regulate wind turbines or solar collectors that are not connected to the electric grid, subject to some restrictions laid out in 24 V.S.A. § 4412(6). Additionally, the local legislative body may permit or prohibit utility lines that are placed along a municipal right of way. 19 V.S.A. § 1111, 30 V.S.A. § 2502.

Municipalities may participate in review proceedings before the Public Service Board, as they typically have party status pursuant to 30 V.S.A. § 248, the certificate of public good process. Participation in that review process can be buttressed by adopting policies on wind and other similar projects in the municipal plan.

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Vermont utilities law generally applies to companies engaged in the manufacture, transmission, distribution, or sale of gas or electricity. Therefore, wind towers connected to the grid are considered to be utilities, but cell towers are not. Municipalities may, through a zoning bylaw or stand-alone ordinance, regulate cell towers. 24 V.S.A. §§ 2291(19), § 4414 (12).

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