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A. Provisions Applicable. Provisions of this chapter shall apply to all development including, but not limited to: land use development permits, building permits, subdivisions and short subdivisions, binding site plans, and uses located wholly or partially within an airport compatibility overlay inside the city of Monroe’s jurisdictional boundaries or its urban growth area (UGA). The overlay includes six zones, as depicted on the city of Monroe airport compatibility map, as incorporated by reference into this chapter.

B. Exemptions. The following structures, uses or other activities are exempt from the provisions of the airport compatibility overlay when permitted by the underlying zoning district; provided, that the use will not penetrate the FAR Part 77 surfaces, attract bird populations, impact airport operations, or create a safety impact as determined by the airport manager or owner:

1. Necessary aviation facilities. Any air navigation facility, airport visual approach or aircraft arresting device, meteorological device, or a type of device approach by the FAA, the location and height of which is fixed by its functional purpose.

2. Any aeronautical business or event.

3. Preexisting nonconforming uses.

a. Nothing contained herein shall require any change or alteration of a legally constructed or established structure, or use in existence at the time of adoption or amendment of these regulations. These regulations are intended to regulate the erection or establishment of any new structure or use; the moving or relocation of any structure or use to a new location; and the operation or continuance of any structure or use, at any time following the effective date of these regulations.

b. Nonconforming uses and structures shall not be increased in size or intensity.

c. In the event that a preexisting use or structure is destroyed by natural disaster, the reconstruction of such use or structure shall comply with the criteria set forth in Chapter 22.40 MMC, Nonconformance and Reuse Standards.

4. Other Uses. Other uses may be exempted when determined by the zoning administrator, in consultation with the airport owner and/or airport manager, to be minor or incidental in nature and consistent with this chapter. (Ord. 005/2019 § 10 (Exh. B))