2026 SESSION

INTRODUCED

26105465D

HOUSE BILL NO. 1328

Offered January 16, 2026

A BILL to amend and reenact Chapter 147, as amended, of the Acts of Assembly of 1962, which provided a charter for the City of Virginia Beach, by adding a section numbered 2.03, relating to certain land use approvals.

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Patron—Tata

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Referred to Committee on Counties, Cities and Towns

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Be it enacted by the General Assembly of Virginia:

1. That Chapter 147, as amended, of the Acts of Assembly of 1962 is amended and reenacted by adding a section numbered 2.03 as follows:

§ 2.03. Procedure for land use approvals south of the blue line.

A. As used in this section, the "blue line" shall be a line running along North Landing Road to Indian River Road, then extending eastward to New Bridge Road, then proceeding north until it intersects with Sandbridge Road, then proceeding eastward tracing the eastern and southern boundaries of the Sandbridge Special Service District until such boundary reaches the Atlantic Ocean.

B. No application to rezone property to a higher density or a more intense zoning district south of the blue line shall be approved except by a recorded affirmative vote of three-fourths of all of the members elected to the city council.

C. No extension of public water and sanitary sewer ("public system") shall extend south of the blue line absent a public hearing conducted pursuant to § 15.2-1427 of the Code of Virginia and a finding by the city council that:

(a) There is adequate capacity in the public system at the point of connection to accommodate the additional flow;

(b) In the written opinion of the Virginia Department of Health, the existing on-site utilities are failing, or likely to fail, and there are no alternatives that would be approved and permitted by the Virginia Department of Health;

(c) The principal use of the property served by the existing on-site utilities is not changed; and

(d) The extension is to serve (i) an existing development, (ii) the reconstruction or expansion of an existing commercial development consistent with its zoning resulting in a total floor area no greater than double that of the development prior to the expansion, or (iii) the reconstruction or expansion of an existing residence by no more than 10 percent of existing floor area or residential development where no additional dwelling units are constructed.