Local governments frequently amend or change zoning regulations. In the vast majority of instances, approval can be, and is, granted by a simple majority vote of a town or village board. Provisions in the N.Y. Town Law1 and Village Law,2 however, can trigger a requirement necessitating the affirmative vote of at least three fourths of the members of the governing board to approve a zoning change. Although that certainly can make it difficult, if not impossible, for developers or other property owners to obtain the zoning relief they seek, there may be steps that they can take to avoid application of the three-fourths rule.
Town Law §265(1) (as well as corresponding Village Law §7-708(1)) acknowledges that towns may amend zoning regulations, restrictions, and boundaries from time to time. Section 265(1) confirms that any such amendment can be effected by a simple majority vote of the town board. It then provides, however, that any such amendment requires the approval of at least three fourths of the members of a town board “in the event such amendment is the subject of a written protest, presented to the town board” and signed by any one of the following three categories of local property owners:
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