B.__When development that exists or did exist within one year of the date that the application is accepted for processing by the department pursuant to subsection 1 exceeds 40% of the total lot area, the percentage of developed area may not be increased.

C.__Land area within the V-zone may not be included as part of a lot for the purposes of this section.

D.__A building may not be constructed so that any part extends seaward of a line drawn between the seaward-most points of buildings on adjacent properties when the construction would significantly obstruct the view from an adjacent building.

3.__Shoreline changes within 100 years.__A project may not be permitted pursuant to subsection 1 if, within 100 years, the property may reasonably be expected to be eroded as a result of changes in the shoreline so that the project is likely to be severely damaged after allowing for a 2-foot rise in sea level over 100 years.__Beach nourishment and dune restoration projects are excluded from this requirement.

4.__Building size restrictions.__A building greater than 35 feet in height or covering a ground area greater than 2,500 square feet may not be constructed in a coastal sand dune system unless the applicant for a permit pursuant to subsection 1 demonstrates by clear and convincing evidence that the site will remain stable after allowing for a 2-foot rise in sea level over 100 years.__Reliance upon an existing seawall is not sufficient as evidence of site stability.__An existing building may be elevated on a post or pile foundation to exceed 35 feet for the sole purpose of meeting the elevation requirements in section 480-BB, subsection 5 and section 480-CC, subsection 3 without the need to demonstrate that the site will remain stable after allowing for sea level rise.

When determining the height of the building, the measurement is taken from the existing, lowest natural elevation within the building's footprint if the lot is undeveloped, the lowest natural elevation measured 5 feet from the corners of an existing building's foundation or the elevation used by the municipality when determining compliance with local ordinances.