§ 6-8-7-8. MEAN BUILDING HEIGHT.

The maximum mean building height in the R5 district is fifty (50) feet or five (5) stories, whichever is less, except as modified per the requirements found in Table 4-B of Section 6-4-1-7 of this Title. Notwithstanding the foregoing, any building or structure legally existing and conforming to the building height requirement of this district as of the effective date hereof, shall, for the purpose of the district and the requirements of this zoning ordinance, be deemed complying with the mean building height requirement and shall have the status of legally permitted structure or use, not a legal noncompliance, and shall not be subject to or benefit from the allowances, restrictions and procedures of Chapter 6, "Nonconforming Uses And Noncomplying Structures," of this Title. Such conforming status shall continue in the event said building is removed or destroyed by a means within the control of the owner thereof and shall allow for the construction of a building or structure at the height of the building or structure legally existing and conforming to the building height requirement of this district as of the effective date hereof.

(Ord. 70-0-07)