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<br />---S.E.2d---- <br />_. S.E.2d ----, 2007 WL 1651100 (Va.) <br />(Cite as: -- S.E.2d --) <br /> <br />more than lfive percent]" and was not, therefore, <br />" 'structural' 85 defined by the International <br />Buildiag Code, (IDC f ) 3403.2, whicb Iwas) <br />incorporated into the Virginia Uniform Statewide <br />Building Code," ~ He also opined that the <br />message board was "smaller in sign area (than] <br />the original sign and Its weight is negligible." <br /> <br />*2 The BZA voted to uphold the zoning <br />administrator's determinatioD, One BZA member <br />commented, "IT]o alter or modify a sign to <br />support thirty-five hundred pounds... requires a <br />significant amount of structural change. In this <br />case, it's lal violation of Section 215." <br /> <br />Adams and McLeskey (collectively, the <br />petitioners), subsequently filed a petition for a <br />writ of certiorari in the circuit court, asserting <br />that the installation of the electronic message <br />board to one side of the billboard was not a <br />structural alteration or an enlargement, and that, <br />because Adams had subsequently taken the <br />message board off the billboard, tbe City bad no <br />right to demand removal of the entire billboard <br />without paying it "just compensation" under Code <br />S 33.1-379(E), The petitioners requested the <br />cirtuit court to reverse the BZA's decision and <br />enter a final order directing that Adams did not <br />have to remove the billboard. <br /> <br />At tbe hearing before the circuit court, the <br />petitioners introduced testimony from a structural <br />engineer, who testified that the force load of the <br />electronic message board was less than five <br />percent. The engineer therefore opined that the <br />message board was not a structural alteration <br />within the meaning of IBC g 3402.2. He further <br />explained that, based on bis visual inspel:tion of <br />the message board, it was sitting on protruding <br />"horizontal angles" and the board was "strapped <br />back with nylon cinch straps." According to the <br />engineer, "[tlbe straps were strapped to the steel <br />angles and channels and support beams," <br /> <br />The zoning administrator testified on bebalf of the <br />8M with regard to her determination that the <br />addition of the electronic message board bad botb <br />"structurally altered" and "enlarged'" the <br />billboard. The zoning administrator explained <br />that the message board bad "enlarged" tbe <br />billboard because it "added to the size, the depth, <br />(and) the volume of the structure," ContinUing, <br />the zoning administrator testified that the <br />insbillation of the message board "structurally <br /> <br />Page 3 <br /> <br />altered" the billboard due to the steel beams that <br />had been bolted in place. Finally, relying on the <br />provisions of CZO f f 215(a) aad 216(a), the <br />zoning administrator stated that Adams must <br />bring the billboard into compliance with the ew, <br />meaning that Adams must remove it since <br />billboards are no longer allowed in the City. <br /> <br />In a letter opinion, which the circuit court <br />incorporated into its final order, the court <br />interpreted the terms "structurally altered" and <br />"enlarged" according to their plain meanings <br />since the ezo does not define either term. The <br />court also considered the CZO's definition of the <br />terms llstructure" and "Isjigns, surface area." Uil <br />The circ:uit court concluded that tbe installation of <br />the electronic message board "structurally <br />altered" tbe billboard. The court further <br />concluded tbat, althougb the message board Ildid <br />not add to the height or length of the billboard's <br />surface, it increased the width on one side." <br /> <br />lIII3 Tbe circuit court next addressed the argument <br />tbat removal of the billboard was not required <br />since Adams had remedied any structural <br />alteration or enlargement by returning the <br />billboard to its original condition. Relying on this <br />Court's decision in Adams Outdoor Advertisinp. <br />Ine. v. Board of Zon;np ADDeo/s. 261 Va. 407.544 <br />S,E.2d 315 (200n, tbe court concluded that II(t]he <br />ordinance only appears to suggest removal of a <br />billboard as a remedy for abandoned <br />nonconforming billboards." Thus, tbe circuit <br />court concluded "that the 8ZA did not err" by <br />requiring Adams to remove the billboard. <br /> <br />In its final order, the circuit court held that the <br />BZA did not apply erroneous principles of law <br />and that the 8ZA's interpretation of the relevant <br />zoning ordinance provisions was Dot plainly <br />wrong or in violation of the purpose and intent of <br />the ezo. The court therefore upheld the BZA' s <br />determination and directed Adams to remove the <br />billboard. This appeal ensued. <br /> <br />ANALYSIS <br /> <br />1.!.llllJJl On appeal to the circuit court, the BZA's <br />decision was entitled to a presumption of <br />correctness. Code S 15.2-2314 (2003) (amended <br />by 2006 Acts ch. 446).'"' Although Code 6 15.2- <br />2314 provides that the appealing party may rebut <br />the presumption "by proving by a preponderance <br /> <br /> <br />{l 2007 Thomson/West. No Claim to Orig. U.S. Govt, Works, <br />