- September 9, 2024
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Dear Editor:
I attended (virtually) Volusia County Council’s Permitting and Zoning Workshop on July 23 and am concerned about council’s apparent rush to abandon current safeguards against problematic uses of land, and to reduce civic participation.
Eliminating unneeded regulations is a good thing. It reduces unnecessary burdens, costs, and frustration. However, some regulations are necessary.
Someone who purchases a tract of land doesn’t, and shouldn’t, have the right to ignore the zoning restrictions for that land. Likewise, when someone purchases land for which code requires a special exception for certain uses, the buyer understands (or should understand) that limitation at the time of purchase. Property rights are clearly not absolute. They are closely tied to the zoning and approval process in place when the property was purchased.
County Council has the right to remove some of those restrictions. However, there are several reasons that they should be very careful about doing so.
First, neighbors also have property rights. Removing restrictions for one tract of land can infringe on the property rights of neighbors. Say we have neighbors, A and B, and that when B purchased their land, code prevented A from putting a hog farm on their property, or at least required a special exception. It’s not fair to B (and their property rights) for council to later reduce or drop the requirements for establishing a hog farm, and even eliminate B’s right to offer input. (B might even consider a lawsuit.)
It’s good to champion property rights, but it’s essential to also consider the property (and other) rights of others who might also be affected.
Second, there are often unforeseen circumstances and unexpected consequences. Changing from “Special Exception Required” to “By Right” forfeits the ability to address unanticipated situations, sets the county up for problems similar to what it’s experiencing with the Belvedere Terminals fuel farm, and suggests that council hasn’t learned well from that experience.
Finally, County Council should be very slow to adopt any rule changes which reduce citizen involvement.
There are almost certainly cases where it is reasonable and safe to relax the requirements. But there are many where it isn’t. At the very least, council needs to carefully consider each individual proposed change with an eye to how it might impact the property rights of others, what dangers it creates for the county in the future, and whether the change infringes on the public’s right to participate.
Steve Wonderly
Daytona Beach
