§ 156.531 SCOPE.
   (A)   No use lawfully established prior to the effective date of the ordinance establishing this chapter 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 State Planning Statutes shall be continued and maintained.
   (B)   For any non-conforming 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 chapter for equivalent new uses.
   (C)   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.
   (D)   Whenever the existing use of a building, structure or premises shall hereinafter 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.
   (E)   Accessory off-street parking or loading facilities in existence on the effective date of the ordinance establishing this chapter shall not hereafter be reduced below, or if already less than, shall not be further reduced below the requirements for a similar new use under the provisions of this chapter.
   (F)   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.
   (G)   Accessory off-street parking and loading spaces shall be provided on the same lot as the use served, except as otherwise provided in this chapter, and may be situated as one or more individual areas.
   (H)   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, provided that, all regulations governing location of accessory parking spaces in relation to the use served are adhered. Further, 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.
   (I)   Accessory off-street parking and loading facilities provided to comply with the provisions of this chapter shall not subsequently be reduced below the requirements of this chapter.
   (J)   Accessory off-street parking facilities required herein shall be utilized solely, for the parking of passenger automobiles or light trucks of not more than one and one-half 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.
   (K)   Required off-street loading and unloading spaces shall not be construed as being part of the required off-street parking spaces.
   (L)   Loading and unloading berths shall not be required for business uses and industrial uses which demonstrably do not receive or transmit goods or wares by truck delivery.
   (M)   Accessory off-street parking facilities are not required in a block frontage contained in a GB or I-2 District in which the ground floor area of business or industrial structures, including their accessory buildings, existing at the time of passage of the ordinance establishing this chapter, equaled 50% or more of the entire area of the block frontage.
(Ord. passed - -2006, § 80.36(B))