The maximum height of any building or other structure, or portion thereof, shall not exceed 400 feet on any portion of subzone C-1 shown as a special height location in Appendix 3.2 of this Chapter, except that permitted obstructions, pursuant to Section 33-42, shall be allowed to penetrate a maximum height limit.

The maximum height of any building or other structure, or any portion thereof, located within subzone C-2 shall not exceed 180 feet above curb level, except that:

(a)        the maximum height of any building or other structure, or portion thereof, shown as a special height location, shall not exceed the height set forth in Appendix 3.2; and

(b)        Sections 23-62 and 33-42 (Permitted Obstructions) are hereby made inapplicable. Any portion of a building or other structure 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 or a building at any level;

(ii)        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;

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

(iv)        Fences, wire, chain link or other transparent type;

(v)        Flagpoles and aerials;

(vi)        Parapet walls, 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. 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;

(vii)        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, (b)(1)(vii), 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;

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

(ix)        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;

(x)        Solar energy systems:

(a)        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;

(b)        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;

(c)        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;

(xi)        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;

(xii)        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.

(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 (b)(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.

(c)        In no event shall the height of any building, including permitted obstructions, exceed 800 feet above curb level.