Chapter 50 Historic Preservation: A Call for Property Owner Rights and Voluntary Participation
The current structure of Chapter 50 Historic Preservation is stirring concerns among property owners, real estate professionals, and those who believe in the rights of property ownership. While historic preservation is a noble cause, it should not come at the expense of individual rights and economic viability. The NSBPIA aims to argue against the compulsory nature of Chapter 50, advocating instead for a system that protects property owner rights, promotes voluntary participation, and ensures transparency and fairness.
Protecting Property Owner Rights
One of the foremost issues with the existing Chapter 50 is its infringement on property owner rights. Property owners in historic districts often find themselves subject to stringent regulations that can severely limit their ability to modify, demolish, or even sell their properties. These regulations can impose significant financial burdens and reduce property values, all without the explicit consent of the property owner.
For instance, when someone purchases a property, they may not be adequately informed that it falls within a historic district, subjecting them to unexpected regulations. This lack of transparency can lead to disputes, financial hardship, and even legal battles. Property owners should have the right to know exactly what they are buying and the implications thereof, ensuring that their rights are protected and that they are making fully informed decisions.
Voluntary Membership and Individual Parcel Inclusion
To address these concerns, membership in the historic district should be entirely voluntary and determined on an individual parcel basis. This approach would allow property owners who are genuinely interested in preserving the historical significance of their properties to do so, without imposing unwanted restrictions on those who do not wish to participate.
Voluntary participation would likely foster a greater sense of community and commitment among those who choose to be part of the historic district. Instead of feeling coerced, property owners would engage with preservation efforts out of genuine interest and dedication to maintaining the historical fabric of New Smyrna Beach. This shift could lead to more effective and heartfelt preservation efforts, with properties being maintained and restored by those who truly value their historical significance.
Oversight and Encouragement Over Penalties
The oversight of the historic district should focus on encouragement and support rather than penalties and restrictions. Currently, Chapter 50 includes measures for fines and penalties for those who fail to comply with preservation standards, creating an adversarial relationship between property owners and regulatory bodies. This punitive approach can discourage compliance and breed resentment.
Economic Implications and Property Values
The economic implications of compulsory historic preservation regulations cannot be ignored. Properties within historic districts can be harder to sell, reducing their market value and making them less attractive to potential buyers. This devaluation can have a ripple effect on the local economy, reducing property tax revenues and hindering investment in the community.
By making participation in the historic district voluntary, property values would likely stabilize or even increase, as buyers would have a clear understanding of the benefits and obligations associated with their purchase. A voluntary system would attract buyers who are genuinely interested in preservation, ensuring that properties are maintained and valued appropriately.
A Call for Change
The current Chapter 50 Historic Preservation framework in New Smyrna Beach, while well-intentioned, needs significant revision to protect property owner rights, promote voluntary participation, and ensure transparency and fairness. By shifting to a voluntary system with supportive oversight and clear notification processes, New Smyrna Beach can continue to honor its historic charm without infringing on individual rights or economic viability.
The city must recognize the importance of balancing preservation with property owner rights, creating a system that respects both historical significance and individual freedoms. Only through such a balanced approach can NSB continue to thrive as a vibrant, historically rich community that values both its past and its future.
Write to the NSB Commission Board in favor of property rights and updates to Chapter 50:
Mayor Fred Cleveland
[email protected]
Vice Mayor & Zone 1 Commissioner Valli Perrine
[email protected]
Zone 2 Commissioner Lisa Martin
[email protected]
Zone 3 Commissioner Jason McGuirk
[email protected]
Zone 4 Commissioner Randy Hartman
[email protected]