§ 159.141  SCOPE AND APPLICATION.
   (A)   Nonconforming Parking.
      (1)   No use previously lawfully established shall be required to provide and maintain the parking and loading requirements herein, provided, however, that off-street parking and loading spaces required by any previous ordinances adopted pursuant to the Indiana Planning Statutes shall be deemed conforming. (See §§ 159.220 et seq., Nonconforming Uses and Structures.)
      (2)   For any nonconforming use which is hereafter damaged or partially destroyed, and which is lawfully reconstructed, re-established, or repaired, off-street parking and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation, provided, however, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this ordinance for equivalent new uses.
   (B)   Additional Parking Required.
      (1)   For Additions.  When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, floor area, beds, seating capacity, or other unit of measurement, parking and loading facilities as required herein shall be provided for such increase in intensity of use.
      (2)   For Change in Use.  Whenever the existing use of a building, structure, or premises shall hereafter be changed or converted to a new use permitted by this chapter, parking and loading facilities shall be provided as required for such new use.
      (3)   Accessory Parking Permitted.  Nothing in this chapter shall be deemed to prevent the voluntary establishment of accessory off-street parking or loading facilities to serve any existing use of land or buildings, provided that all regulations herein governing the location, design, and operation of such facilities are adhered to.
      (4)   On-Street Parking.  On-street parking shall be permitted, but the Indiana Department of Transportation (INDOT) or the City of Noblesville may place restrictions on this use.
      (5)   Use of Accessory Parking by Other Uses is Limited.  Accessory off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements for each such use, and no parking space or portion thereof shall serve as a required space for more than one use, unless otherwise authorized by the Board of Zoning Appeals as Shared or Mixed-Use Parking, pursuant to § 159.146.
      (6)   Distinction Between Parking and Loading Areas.  Required off-street loading and unloading spaces shall not be construed as being part of the required off-street parking spaces.
      (7)   Limitations on Parking Areas.
         (a)   Use of Parking Areas Limited.  Accessory off-street parking facilities shall be utilized solely for the parking of passenger automobiles or light trucks of less than one ton capacity, of patrons, occupants, or employees of specified uses.  Said parking facilities shall not be used for the storage, display, sale, repair, dismantling, or wrecking of any vehicle, equipment, or material.
   Further, no repair work, sales, or service of any kind shall be permitted in association with accessory off-street parking facilities, unless such facilities are enclosed in a building and such work or service is otherwise permitted in the district. No inoperable vehicles shall be stored in an off-street parking area for more than 24 hours.
         (b)   Drive-Through Stacking.  A property owner proposing a drive-through facility shall provide a minimum of four stacking spaces for each drive-through station in addition to the parking required by this section. Each lane of stacking space must be at least nine feet wide and must be delineated with pavement markings. Each stacking space shall be 25-feet long; however, individual spaces within the lane shall not be delineated with pavement markings. Stacking lanes may not be located within required driveway, internal circulation, or parking aisle widths.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 12-3-98, passed 3-9-98; Am. Ord. 89-10-06, passed 11-14-06; Am. Ord. 56-11-07, passed 12-11-07; Am. Ord. 32-10-11, passed 11-15-11; Am. Ord. 10-03-13, passed 4-9-13)  Penalty, see § 159.999