Planning and Zoning
§ 7-1. Overview. Through planning and zoning, towns have the authority to plan for and regulate the development of and use of real property for the community's health, safety, and welfare. The basic premise of planning and zoning balances the well being of the community against individual property interests by adopting local laws that are in line with the needs of the area and the town's vision for development , whether it be maintaining open space or fostering industrial development. Article 16 of Town Law is the primary source for planning and zoning authority and allows towns to "regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings structures and land for trade, industry, residence or other purposes," (Town Law § 261).
§ 7-4. Role of the Town Board. The town board, as the legislative body, adopts local planning and zoning laws and ordinances. The town board also appoints members to the zoning board of appeals (ZBA) and planning board and may assign certain tasks to those boards such as planning board review of special use permit applications. Significantly, if the town board does not agree with a ZBA or planning board decision, it has no authority to review or change the decision. The appropriate means of challenging a planning or zoning board decision is for an individual with standing, such as the applicant or and aggrieved neighbor, to commence an Article 78 proceeding.
Zoning Board of Appeals (ZBA) Members
Brian Wohnsiedler (1/23 - 12/31/2026) 3 year appointment
Jess Dunn (1/223 - 12/31/2025) 2 year appointment
David Bango (1/23 - 12/31/23) 1 year appointment
*Appointment lengths will rotate
| Town of Diana Comprehensive Plan |
| Town of Diana Zoning Law |