For the purposes of this Section, the term “buildings” shall include buildings or other structures. No portion of any building may be built to a height greater than 85 feet above curb level, except that:

(a)        any portion of a building required to have an exterior wall coincident with a 110–135 foot mandatory front building wall line, as provided in Section 84-132 (Mandatory front building walls), may be built to a height of up to 135 feet above curb level ;

(b)        any portion of a building required to have an exterior wall coincident with a 110–230 foot mandatory front building wall line, as provided in Section 84-132 and subject to the requirements contained in paragraph (f) therein, may be built to a height of up to 230 feet above curb level ;

(c)        portions of a building required to have an exterior wall coincident with a 150–250 foot mandatory front building wall line, as provided in Section 84-132, may be built to a height of up to 250 feet above curb level ;

(d)        on the portion of any zoning lot designated as a special height location in Appendices 2.2 or 3.2, a building may be built to the height above curb level indicated in Appendices 2.2 or 3.2, subject to the following:

(1)        on any building south of First Place and east of Battery Place, with a mandatory front building wall, the area of which, below the level of the second story ceiling, occupies 100 percent of the frontage along its mandatory front building wall line, a height of not more than 450 feet, provided, however, that a setback of not more than 10 feet may be provided at a height of 85 feet or more above curb level;

(2)        on zoning lots located north of First Place, south of Third Place, and east of Battery Place, special height locations not to exceed heights of 135 feet or 360 feet above curb level are permitted as indicated in Appendix 2.2, provided that a setback of 10 feet is provided at a height of 85 feet above curb level along any narrow street frontage;

(3)        on the zoning lot at the southeast corner of Chambers Street and North End Avenue, the special height location indicated in Appendix 3.2 shall apply only if such zoning lot is occupied by school and residential uses and the portion of the building above a height of 135 feet above curb level does not exceed a lot coverage of 40 percent; and

(4)        on the zoning lot at the northeast corner of Murray Street and North End Avenue, a special height location of 320 feet above curb level is permitted as indicated in Appendix 3.2, subject to the requirements contained in Section 84-132, paragraph (f);

(e)        Sections 23-62 and 33-42 (Permitted Obstructions) are hereby made inapplicable. Any portion of a building that exceeds an established height limit shall be subject to the following provisions:

(1)        The following shall not be considered obstructions and may thus penetrate a maximum height limit:

(i)        Chimneys or flues, with a total width not exceeding 10 percent of the aggregate width of street walls of a building at any level;

(ii)        Elevator or stair bulkheads, roof water tanks, cooling towers and accessory mechanical equipment (including enclosure walls), pursuant to Section 33-42;

(iii)        Decks, and other surfaces for recreational activities, not more than 3 feet, 6 inches in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher;

(iv)        External wall thickness, pursuant to Section 33-42;

(v)        Flagpoles and aerials;

(vi)        Heliostats and wind energy systems;

(vii)        Parapet walls, not more than four feet high in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. A guardrail with a surface at least 70 percent open or with an opacity of not more than 30 percent (as viewed in elevation), shall be permitted above a parapet wall or within two feet of a parapet wall, provided such guardrail is not more than four feet above the accessible level of a roof. Such restriction on guardrail height shall not apply when located beyond two feet from a parapet wall;

(viii)        Roof thickness, up to eight inches, to accommodate the addition of insulation, for buildings or portions of buildings constructed prior to April 30, 2012. For a building that has added roof thickness pursuant to this paragraph, (e)(1)(viii), an enlargement may align with the finished roof surface of such building, provided the enlarged portion does not exceed the maximum height limit by more than eight inches;

(ix)        Rooftop greenhouses, permitted pursuant to Section 75-01 (Certification for Rooftop Greenhouses);

(x)        Skylights, clerestories or other daylighting devices, not more than four feet in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. Such devices shall be limited to a lot coverage not greater than 10 percent of the lot coverage of the roof and be located at least eight feet from the street wall edge. However, such devices shall not be permitted obstructions above a roof with a slope greater than 20 degrees;

(xi)        Solar energy systems:

(1)        on the roof of a building, up to four feet in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher;

(2)        on the roof of a building, greater than four feet in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher, provided that all such portions above four feet are set back at least six feet from a street wall, limited to a lot coverage not greater than 25 percent of the lot coverage of the roof and do not exceed a height of 15 feet, or when located on a bulkhead or other obstruction pursuant to paragraph (f) of Section 33-42, do not exceed a height of six feet;

(3)        on walls existing on April 30, 2012, projecting no more than 10 inches and occupying no more than 20 percent of the surface area of the building wall (as viewed in elevation) from which it projects.

However, any installation on a roof with a slope greater than 20 degrees shall be limited to 18 inches in height, as measured perpendicular to the roof surface;

(xii)        Vegetated roofs, not more than 3 feet, 6 inches in height, excluding vegetation, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. On roofs with slopes greater than 20 degrees, vegetated roofs shall be limited to a height of 12 inches measured perpendicular to such roof surface;

(xiii)        Weirs, check dams and other equipment for stormwater management, not more than 3 feet, 6 inches in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher;

(xiv)        Wire, chain link or other transparent fences.

 

(2)        The maximum permitted size of enclosure walls surrounding elevator or stair bulkheads, roof water tanks, cooling towers and accessory mechanical equipment may be increased by authorization of the City Planning Commission, provided the Commission finds that:

(i)        the width of such additional enclosure wall at each building face does not exceed 80 percent of the width of the enclosure wall as allowed in paragraph (e)(1) of this Section;

(ii)        the additional area of the enclosure wall at each building face is not more than 50 percent of the area permitted as-of-right; and

(iii)        the enclosure wall is compatible with the building and the urban design goals of the Special District and complements the design by providing a decorative top; and

(f)        in special height locations in Appendices 2.2 and 3.2 of this Chapter, no portion of a building, including permitted obstructions, shall exceed a height of 450 feet above curb level.