| | | (8)__As a condition of any construction under this | | subsection, the department may require sand dune | | mitigation and enhancement measures, including | | restoring the dune topography and elevating the crest | | of the sand dune to the 100-year flood or wave runup | | level, and any enhancement with native vegetation of | | the portions of the lot not covered by buildings or | | parking areas that the department requires. |
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| | | 3.__Construction in V-zone.__A new structure or addition to | | an existing structure may not be constructed in a V-zone | | except for open fences and fire escapes as required by local | | fire codes.__A building in a V-zone may not be reconstructed | | unless one or more of the following standards, in addition to | | the standards in subsection 5 and section 480-AA, are met as | | determined by the department. |
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| | | A.__The building was involuntarily destroyed by fire or | | some other force other than wave action from an ocean | | storm and the reconstructed building does not exceed the | | dimensions of the previously existing building, except | | that the building's height may be increased to meet the | | standards in subsection 5.__The reconstructed building | | must be in the same location or a location no further | | seaward than the previously existing building and must | | have the same size footprint. |
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| | | B.__The building is located in a V-zone first designated | | after January 1, 1999 by FEMA for the National Flood | | Insurance Plan. |
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| | | C.__The building was involuntarily destroyed by wave | | action from an ocean storm and the reconstructed building | | does not exceed the dimensions of the previously existing | | building except that the building's height may be | | increased to meet the standards in subsection 5.__The | | reconstructed building must be in the same location or a | | location no farther seaward than the previously existing | | building and must have the same size footprint. |
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| | | A building that is reconstructed in accordance with this | | subsection may not be reconstructed more than once. |
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| | | 4.__Reconstructed buildings.__A building may be | | reconstructed in the same location or a location no farther | | seaward than the previously existing building.__The | | reconstruction of the building may not increase the footprint | | of the building.__A reconstructed building may not exceed the | | height or dimensions of the previously existing building | | unless the project also constructs a vertical addition that | | meets all the |
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