No mixed use development shall be constructed, altered, or enlarged in the M-PD-2 zone except in accordance with the following height restrictions:
A. Commercial Component: No building, structure improvement, or any part thereof, erected, constructed or maintained as part of the commercial component of a mixed use development in the M-PD-2 zone shall exceed forty five feet (45') in height, measured as set forth in this chapter, or four (4) stories, whichever is less. The first two (2) levels of above grade parking facilities shall not be considered when determining the number of stories in a building or structure pursuant to this section, provided that any above grade level(s) containing parking facilities are separated from any street frontage by a permitted use other than parking.
B. Residential Component: No building, structure, improvement, or any part thereof, erected, constructed or maintained as part of the residential component of a mixed use development in the M-PD-2 zone shall exceed sixty feet (60') in height, measured as set forth in this chapter, or five (5) stories, whichever is less. The first two (2) levels of above grade parking facilities shall not be considered when determining the number of stories in a building or structure pursuant to this section, provided that any above grade level(s) containing parking facilities are separated from any street frontage by a permitted use other than parking.
C. Unoccupied Architectural Features: Notwithstanding any other provision of this code, unoccupied architectural features such as skylights and clerestories may exceed the height limits established by this section by not more than ten feet (10') in height if such unoccupied architectural features are approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter and do not exceed thirty three percent (33%) of the roof area upon which they are located and no such feature exceeds or intersects a line projecting from the perimeter of the roof upward at an angle of forty five degrees (45°) from the horizontal.
D. Rooftop Uses: Notwithstanding any other provision of this code, rooftop restrooms described in this chapter that are approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter may exceed the height limits established by this section by not more than ten feet (10') in height provided the structure housing the restroom facility is set back from the intersection of the roof deck and the face of any exterior wall of the floor immediately below that faces a public right of way so that a forty five degree (45°) angle to the vertical plane of such exterior wall is not intersected. (Ord. 02-O-2417, eff. 1-2-2003)