Special Magistrate (2025-07-23)

Summary of Special Magistrate Hearing held Wednesday, July 23, 2025, at 2:00 P.M. in the Council Chambers, 11 North 3rd Street, Jacksonville Beach, Florida CaseNumber: 24-267 Homestead: No Name/Address: DESLUNA LLC 233 9th Avenue South Jacksonville Beach, FL 32250 Violation Address: 233 9th Avenue South Jacksonville Beach, FL 32250 Violation: Sec. 34-450. - Nonconforming signs. All signs that are lawfully in existence or are lawfully erected and that do not conform to the provisions of this division are declared nonconforming signs. It is the intent of this division to recognize that the eventual elimination of nonconforming signs as expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of this division. It is also the intent of this division that any elimination of nonconforming signs shall be effected so as to avoid any unreasonable invasion of established property rights. (2) Signs rendered nonconforming: a. Except as provided in this section, a nonconforming sign may continue in the manner and to the extent that it existed at the time of the adoption, amendment or annexation of the division that rendered the sign nonconforming. This section shall not prohibit reasonable repairs and alterations to nonconforming signs. b. A nonconforming sign shall not be re-erected, relocated or replaced unless it is brought into compliance with the requirements of this division. An existing monument sign that conforms to the size and height limitations set forth herein, but is otherwise nonconforming, may be relocated a single time to another location on the same parcel. c. Any nonconforming sign shall be removed or rebuilt in full conformity to the terms of this division if it is damaged or allowed to deteriorate to such an extent that the cost of repair or restoration is fifty (50) percent or more of the cost of replacement of such sign. (4) Signs discontinued: a. Sign structures that remain vacant, unoccupied or devoid of any message, or display a message pertaining to a time, event or purpose that no longer applies, for a period of one hundred eighty (180) days, shall be deemed to be discontinued. b. A nonconforming sign deemed discontinued shall immediately terminate the right to maintain such sign. c. After a sign structure has been deemed discontinued, it shall be the responsibility of the property owner or the property owner's authorized

Special Magistrate Hearing Summary July 23, 2025 Page 2 of 6 agent to remove the discontinued sign and to patch and conceal any and all damage to any other structure resulting from removal of the sign. d. Removal of a discontinued nonconforming sign shall include all sign support components, angle irons, poles, and other remnants of the discontinued sign, that are not currently in use, or proposed for immediate reuse as evidenced by a sign permit application for a permitted sign. Testified: Code Enforcement Inspector Nikki Beavers, Respondent was present; service completed. Action: Order of Compliance No. 11-25 CaseNumber: 24-281 Homestead: No Name/Address: Parrish Rentals LLC 725 3rd Street North Jacksonville Beach, FL 32250 Violation Address: 725 3rd Street North Jacksonville Beach, FL 32250 Violation: Sec. 34-450. - Nonconforming signs. All signs that are lawfully in existence or are lawfully erected and that do not conform to the provisions of this division are declared nonconforming signs. It is the intent of this division to recognize that the eventual elimination of nonconforming signs as expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of this division. It is also the intent of this division that any elimination of nonconforming signs shall be effected so as to avoid any unreasonable invasion of established property rights. (2) Signs rendered nonconforming: a. Except as provided in this section, a nonconforming sign may continue in the manner and to the extent that it existed at the time of the adoption, amendment or annexation of the division that rendered the sign nonconforming. This section shall not prohibit reasonable repairs and alterations to nonconforming signs. b. A nonconforming sign shall not be re-erected, relocated or replaced unless it is brought into compliance with the requirements of this division. An existing monument sign that conforms to the size and height limitations set forth herein, but is otherwise nonconforming, may be relocated a single time to another location on the same parcel. c. Any nonconforming sign shall be removed or rebuilt in full conformity to the terms of this division if it is damaged or allowed to deteriorate to such an extent that the cost of repair or restoration is fifty (50) percent or more of the cost of replacement of such sign.

Special Magistrate Hearing Summary July 23, 2025 Page 3 of 6 (4) Signs discontinued: a. Sign structures that remain vacant, unoccupied or devoid of any message, or display a message pertaining to a time, event or purpose that no longer applies, for a period of one hundred eighty (180) days, shall be deemed to be discontinued. b. A nonconforming sign deemed discontinued shall immediately terminate the right to maintain such sign. c. After a sign structure has been deemed discontinued, it shall be the responsibility of the property owner or the property owner's authorized agent to remove the discontinued sign and to patch and conceal any and all damage to any other structure resulting from removal of the sign. d. Removal of a discontinued nonconforming sign shall include all sign support components, angle irons, poles, and other remnants of the discontinued sign, that are not currently in use, or proposed for immediate reuse as evidenced by a sign permit application for a permitted sign. Testified: Senior Planner Christian Popoli, Code Enforcement Inspector Nikki Beavers, Respondent was present; service completed. Action: Order of Compliance No. 12-25 CaseNumber: 25-303 Homestead: No Name/Address: RHC Associates c/o Dunkin Brands 130 Royall St #1293 Canton, MA 02021-1010 Violation Address: 1325 Beach Boulevard Jacksonville Beach, FL 32250 Violation: Sec. 34-450. - Nonconforming signs. All signs that are lawfully in existence or are lawfully erected and that do not conform to the provisions of this division are declared nonconforming signs. It is the intent of this division to recognize that the eventual elimination of nonconforming signs as expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of this division. It is also the intent of this division that any elimination of nonconforming signs shall be effected so as to avoid any unreasonable invasion of established property rights. (2) Signs rendered nonconforming: a. Except as provided in this section, a nonconforming sign may continue in the manner and to the extent that it existed at the time of the adoption, amendment or annexation of the division that rendered the sign nonconforming. This section shall not prohibit reasonable repairs and alterations to nonconforming signs.

Special Magistrate Hearing Summary July 23, 2025 Page 4 of 6 b. A nonconforming sign shall not be re-erected, relocated or replaced unless it is brought into compliance with the requirements of this division. An existing monument sign that conforms to the size and height limitations set forth herein, but is otherwise nonconforming, may be relocated a single time to another location on the same parcel. c. Any nonconforming sign shall be removed or rebuilt in full conformity to the terms of this division if it is damaged or allowed to deteriorate to such an extent that the cost of repair or restoration is fifty (50) percent or more of the cost of replacement of such sign. (4) Signs discontinued: a. Sign structures that remain vacant, unoccupied or devoid of any message, or display a message pertaining to a time, event or purpose that no longer applies, for a period of one hundred eighty (180) days, shall be deemed to be discontinued. b. A nonconforming sign deemed discontinued shall immediately terminate the right to maintain such sign. c. After a sign structure has been deemed discontinued, it shall be the responsibility of the property owner or the property owner's authorized agent to remove the discontinued sign and to patch and conceal any and all damage to any other structure resulting from removal of the sign. d. Removal of a discontinued nonconforming sign shall include all sign support components, angle irons, poles, and other remnants of the discontinued sign, that are not currently in use, or proposed for immediate reuse as evidenced by a sign permit application for a permitted sign. Testified: Planning and Development Director Heather Ireland, Senior Planner Christian Popoli, Code Enforcement Inspector Nikki Beavers, Respondent was present; service completed. Action: Order of Continuing Hearing No. 14-25 CaseNumber: 24-318 Homestead: No Name/Address: Austin’s Surf Shop 615 3rd Street South Jacksonville, FL 32250 Violation Address: 615 3rd Street South Jacksonville Beach, FL 32250 Violation: Sec. 34-450. - Nonconforming signs. All signs that are lawfully in existence or are lawfully erected and that do not conform to the provisions of this division are declared nonconforming signs. It is the intent of this division to recognize that the eventual elimination of nonconforming signs as expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the prohibition of

Special Magistrate Hearing Summary July 23, 2025 Page 5 of 6 new signs that would violate the provisions of this division. It is also the intent of this division that any elimination of nonconforming signs shall be effected so as to avoid any unreasonable invasion of established property rights. (2) Signs rendered nonconforming: a. Except as provided in this section, a nonconforming sign may continue in the manner and to the extent that it existed at the time of the adoption, amendment or annexation of the division that rendered the sign nonconforming. This section shall not prohibit reasonable repairs and alterations to nonconforming signs. b. A nonconforming sign shall not be re-erected, relocated or replaced unless it is brought into compliance with the requirements of this division. An existing monument sign that conforms to the size and height limitations set forth herein, but is otherwise nonconforming, may be relocated a single time to another location on the same parcel. c. Any nonconforming sign shall be removed or rebuilt in full conformity to the terms of this division if it is damaged or allowed to deteriorate to such an extent that the cost of repair or restoration is fifty (50) percent or more of the cost of replacement of such sign. (4) Signs discontinued: a. Sign structures that remain vacant, unoccupied or devoid of any message, or display a message pertaining to a time, event or purpose that no longer applies, for a period of one hundred eighty (180) days, shall be deemed to be discontinued. b. A nonconforming sign deemed discontinued shall immediately terminate the right to maintain such sign. c. After a sign structure has been deemed discontinued, it shall be the responsibility of the property owner or the property owner's authorized agent to remove the discontinued sign and to patch and conceal any and all damage to any other structure resulting from removal of the sign. d. Removal of a discontinued nonconforming sign shall include all sign support components, angle irons, poles, and other remnants of the discontinued sign, that are not currently in use, or proposed for immediate reuse as evidenced by a sign permit application for a permitted sign. Testified: Code Enforcement Inspector Nikki Beavers, Respondent was present; service completed. Action: Order of Non-Compliance No. 13-25 CaseNumber: 24-217 Homestead: No Name/Address: Parrish Rentals LLC 725 3rd Street North

Special Magistrate Hearing Summary July 23, 2025 Page 6 of 6 Jacksonville Beach, FL 32250 Violation Address: 725 3rd Street North Jacksonville Beach, FL 32250 Violation: Ch. 7; Sec. 7-16. - Florida Building Code—Adopted. Work Without Permit ([A]105.1 Required.) Ch. 7; Sec. 7-16. - Florida Building Code—Adopted. Exceeding Scope of Permit ([A]105.4.1 Permit intent.) Ch. 7; Sec. 7-16. - Florida Building Code—Adopted. Occupying a Structure without a Certificate of Occupancy. ([A]111.1 Use and occupancy.) Ch. 10; Sec. 10-3.03. - NFPA 1—Adopted. Failure to Notify for Inspection (1.7.13.1 ) Ch. 10; Sec. 10-3.03. - NFPA 1—Adopted. No Inspection Prior to Request for CO (1.7.14 Certificate of Occupancy.) Ch. 34; Sec. 34-547 (Authority) & 34-548 (Authorized) Exceeding scope of approved Conditional Use PC#02-24 Ch. 34; Sec. 34-553 (Standards) Violating the Standards for an Authorized Conditional Use Ch. 34; Sec. 34-557 (Amendments to permits for conditional uses. ) Amending the Conditional Use without the approval of the Planning Commission. Ch. 34; Sec. 34-617. Commercial limited: C-1. Conditional Use required Ch. 34; Sec. 34-615. Residential, multi-family: RM-2. Exceeding maximum number of units, per LDC Dimensional standards Ch. 34; Sec. 34-615. Residential, multi-family: RM-2. Lack of Adequate Parking Ch. 34; Sec. 34-700. (Applicability), Sec. 34-702. (Design standards), Sec. 34-703. (Location of parking facilities), and Table 34-706.1 (Parking Space Requirements) Lack of Adequate Parking Ch. 34, Sec. 34-615. Residential, multi-family: RM-2. Violation of Short-Term Vacation Rental requirements (STVR) Ch. 34; Sec. 34-731. Short-term vacation rentals. Violation of Short-Term Vacation Rental requirements (STVR Action: Continued to the August 27, 2025 Special Magistrate Hearing The hearing adjourned at 2:59 P.M. Submitted by: Monica McDaniel Operations Support Specialist I