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The following land uses, structures, or activities are exempt from the provisions of the Airport Overlay District when permitted in the underlying zoning district:

(1) A land use, lot, building, or structure not conforming to this chapter that was lawfully permitted and established prior to the adoption of this chapter, except as may be compelled by State or federal regulations. The land use, lot, building or structure must adhere to the regulations prescribed in Chapter 33.43 CCC, Status of Nonconforming Use, Parcels, and Pre-existing Uses; provided, that no building, structure, or use shall be changed in any manner that results in a greater degree of nonconformity with respect to this chapter.

(2) Airport landing facilities, necessary aviation uses, and the manner in which aircraft operate on the airport or in the surrounding airspace approved by the Federal Aviation Administration.

(3) Temporary uses lasting no more than five consecutive days within any 180-day period when located within Airport Land Use Compatibility Overlay Zones 1, 2, 3, 4, and 5, subject to approval by the Department of Community Development or applicable review authority for consistency with the intent of this chapter.