Waiver or Reduction of Spaces for Subsidized Housing

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In all districts, as indicated, except in the Special Southern Hunters Point District, the number of required bicycle parking spaces set forth in Section 25-811 (Enclosed bicycle parking spaces) may be reduced or waived by the Commissioner of Buildings, provided that the Commissioner of the Department of Housing Preservation and Development has submitted a letter certifying that:

(a)        at least 50 percent of the dwelling units in the building or building segment will be income-restricted pursuant to the provisions of Section 23-90 (INCLUSIONARY HOUSING PROGRAM) or pursuant to the terms of a grant, loan or subsidy from any Federal, State or local agency or instrumentality, including, but not limited to, the disposition of real property for less than market value, purchase money financing, construction financing, permanent financing, the utilization of bond proceeds and allocations of low income housing tax credits. An exemption or abatement of real property taxes shall not qualify as a grant, loan or subsidy for the purposes of this paragraph;

(b)        there is insufficient space within the building to accommodate the required number of bicycle parking spaces on or below the first story of the building, including within an enclosed accessory group parking facility,

(c)        if permitted automobile parking spaces are provided, the required bicycle spaces cannot be accommodated within an enclosed group parking facility by reconfiguring automobile parking spaces or removing three or fewer permitted automobile parking spaces;

(d)        additional space cannot reasonably be constructed based on the amount of subsidy available to the project; and

(e)        the number of required bicycle parking spaces is being reduced by the minimum amount necessary to address these limitations.