HomeMy WebLinkAbout02-13-17 CC Mtg - A2. Mobile Vending RecommendationPage 1 of 7
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Kukulski, City Manager
SUBJECT: City Manager Recommendations for Regulating Mobile Vending and
Commission Direction
MEETING DATE: February 13, 2017
AGENDA ITEM TYPE: Action
RECOMMENDATION: Consider the City Manager’s recommendations and provide specific
direction regarding provisional adoption of an ordinance to regulate mobile vending throughout
the City.
SUGGESTED MOTION: I move to direct the City Manager to return to the Commission with
an ordinance for provisional adoption regulating mobile vending as provided for in the City
Manager’s recommendations.
BACKGROUND: Attachment A contains my recommendations to regulate mobile vending
throughout the City. While not in ordinance form, the specific language included will, if the
Commission so directs, be converted into ordinance form and presented to you for provisional
adoption. As such, I recommend you consider the specific language in Attachment A as proposed
regulations. I do not provide a detailed discussion of each specific regulation in this
memorandum but rather address my recommendations generally. I, along with city staff, will be
available to discuss each proposed regulation and the policy basis for each.
I. History of Mobile Vending Policy Development:
The City Commission has been involved in policy development regarding mobile vending since
2011 (see attached November 21, 2011 Commission Memorandum). The 2011 discussion lead to
the creation of a working group of stakeholders who held five meetings in the spring of 2012. In
June of 2012, development of specific suggested policies which could lead to regulating mobile
vending was presented to the Commission (see pgs. 2- 5 of the June 25, 2012 Memorandum) but
further policy development was put off due to other priorities. In 2015, a framework for
regulating mobile vending was drafted. This work in 2015 was conducted through collaboration
between the Downtown Bozeman Partnership and the City’s Department of Community
Development (see attached). Then, on July 11, 2016, the City Commission held a policy
discussion (see July 11, 2016 Commission Memorandum). That meeting was continued to
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August 1, 2016 where the Commission continued its discussions (see August 1, 2016
Memorandum).
At the August 1, 2016 discussion, the Commission requested Daryl Schliem, executive director
of the Bozeman Area Chamber of Commerce, work to gather those interested in the expansion of
mobile vending in Bozeman. Mr. Schliem will be available during this meeting to comment on
the process he engaged in. Mr. Schliem’s efforts did not result in a collaborative
recommendation.
During the August 1, 2016 meeting the Commission indicated its intent to have issues related to
mobile vending resolved prior to the late spring of 2017 and it indicated I should be prepared to
bring to the Commission a resolution for these issues in February of this year. My
recommendations if adopted by ordinance no later than the middle of March will meet this
timeframe.
II. Regulatory Recommendations:
General:
My recommendations are based on the City’s authority to regulate on the basis of public health,
safety, and general welfare as well as the City’s self-governing powers. First, I believe the
primary purpose of public streets and sidewalks in the City is the use by pedestrian, bicycles, and
vehicles. However, I also believe the City should recognize mobile vending operations provide
economic opportunities to local entrepreneurs, add to a vibrant food and retail environment, and
attract visitors and residents to engage in economic and social activities. At the same time, I
recognize mobile vending has impacts. My recommendations address these impacts while
recognizing mobile vending has a place in our community.
First, I recommend creating a business license specific to mobile vending. I propose to define a
mobile vendor as any person that sells or offers for sale goods from a mobile vending unit within
the City. The term will not include itinerant vendors or transient merchants
1
. Also, my
recommendations do not define as mobile vendors those caterers who do not sell directly to a
customer from a public right of way. To implement these requirements, I recommend creating
two business license types: one applicable to the entire city (including downtown) and another
applicable to the city (except for downtown). Fees would be higher for mobile vendors wishing
to operate in the downtown. See below for more discussion on fees.
The license application would require certain items including a permit from the City-County
Health Department (if serving food) and that all mobile vendors carry commercial general
liability insurance.
Locations:
I recommend the City authorize mobile vending only in certain locations and at certain times.
These locations are based on zoning, the nature of the street (i.e. arterial, collector, or local), and
1 See 12.01.010, BMC.
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safety considerations. Mobile vending would be prohibited in residential zones except pursuant
to special events.
I also recommend mobile vending be prohibited on all arterials and collector streets except for
the following locations in downtown: (i) Main Street between Broadway and North 7
th
Avenue
(subject to hour restrictions for the more congested locations (see below)); (ii) Babcock Street
between Wallace Avenue and 4th Avenue; and (iii) Mendenhall Street between Rouse Street and
North 7
th
Avenue. In addition, the north-south oriented side avenues in downtown would also be
open to mobile vending, including the minor arterials Rouse Avenue (but only between Babcock
Street and Main Street) and Willson Avenue between Main Street and Babcock Street.
2
All other
side streets in downtown are designated local streets and would be open to mobile vending but
subject to all other restrictions including zoning designation.
On the attached map labeled Bozeman Downtown and Midtown Mobile Vending I provide a
visual representation of the locations within the B3 and B-2M zoning where mobile vending will
be authorized. Please note Main, Mendenhall, and Babcock streets as well as North 7
th
Avenue,
Willson Avenue and Rouse Avenue are designated arterials in the 2007 Transportation Plan. I
show these streets and avenues as authorized for mobile vending because, absent specific
authorization, they would be prohibited pursuant to the prohibition on mobile vending on
arterials and collectors.
Finally, mobile vending is prohibited on both sides of any street or avenue where an authorized
zoning district is adjacent to a residential zoning district.
Time of Operations:
Mobile vendors would be authorized to operate generally from 6:00am to 11:00pm. In the
downtown area and in commercial zoning districts, mobile vending may occur until 2:30am.
Mobile vending on Main Street between Church Avenue and Grand Avenue would be prohibited
between the hours of 10:00am and 9:00pm. These time limitations for this portion of Main Street
are not applicable to a sidewalk vending cart as defined in 34.05.020 which has been issued a
sidewalk encroachment permit and presents to the City the written authorization of the owner of
the property in front of which the sidewalk vending cart intends to operate.
Discussion:
I recommend the above based on the following:
Mobile vending is currently practiced throughout the City and downtown and specifically
on Main Street. While there have been concerns regarding public safety impacts,
especially in the downtown, mobile vending can be conducted in a safe manner if
regulated with provisions related to time of day, required sidewalk clearances, prohibition
on the placement of obstructions in the right of way, prohibition on vending in front of a
2 I recommend prohibiting mobile vending on Willson Avenue between Mendenhall and Main Street due to its
narrow width.
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location with an exclusive use encroachment permit, proper lighting on the mobile
vending unit, and signage, etc. See below for discussion on general regulations.
In the locations I recommend to be open to mobile vending vehicle speed limits and the
orientation to and safety of pedestrians are critical factors. For example, in the downtown,
while traffic counts on Main Street exceed 10,000 average daily trips for the past several
years,
3
Main Street between Broadway Avenue and North 7
th
Avenue has a 25 mph speed
limit. Main Street also has wide sidewalks that can accommodate a higher number of
pedestrian and provides a more active streetscape than on side streets with narrower
sidewalks. And Main Street has better lighting than many of downtown’s side streets.
Prohibiting mobile vending on Main Street between Church Avenue and Grand Avenue
during the hours of 10:00am and 9:00pm will ensure safety for all users of Main Street
during the time with the highest motorized and pedestrian use. In addition, parking
congestion on Main Street is highest during midday and evening hours.
4
Allowing mobile vending on Main Street between Church Avenue and Grand Avenue
prior to 10:00am and after 9:00pm will provide a safe environment after daily traffic,
parking, and pedestrian congestion decreases as Main Street provides a higher level of
pedestrian lighting for the late evening hours than other streets within the downtown.
The City currently has data on parking demand generated over the past several years and
I recognize that, while the data is not specific to Main Street, it clearly indicates a
growing parking demand in the downtown. However, given the time restrictions imposed
on Main Street, I do not anticipate mobile vendors’ use of Main Street before 10:00 am
and after 9:00 pm to be a significant demand on parking supply in these hours.
Mobile vending on Main Street from Grand Avenue west to North 7
th
Avenue and north
on North 7
th
Avenue will facilitate the growing connection between Downtown and
Midtown.
Speeds on North 7
th
Avenue increase to above 25 mph north of Peach/Durston; as such, I
recommend limiting mobile vending on North 7th Avenue to south of this intersection.
5
3 See attached MDT traffic count data for Main Street.
4 See 2016 Downtown Strategic Parking Management Plan, Appendix D. Figure E shows peak weekday occupancy
rates between 12:00pm and 1:00pm and between 8:00pm to 9:00pm for block faces immediately adjacent to Main
Street. While there is no data for Main Street, the consultant noted “it is likely the most occupied street in downtown
Bozeman.” (Appendix D, page 15). In addition, on the consent agenda for approval on February 13, 2017 is a
professional services agreement with the Western Transportation Institute for a downtown parking inventory and
occupancy study. The proposed study will inventory all available parking within the entire study area, as well as
examine the occupancy rates, duration of stay, parker trip purpose, and related analysis metrics for various times of
the day and various days of the week in spring and summer 2017.
5 Mobile vending will be authorized on Aspen Street as that is a local street and may be designated as Midtown’s
festival street.
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Private Property:
Mobile vending will be authorized on and encouraged to locate on private property if the
property is located within one of the authorized zoning districts. Mobile vending on private
property would be subject to the same land use standards applicable to the property and as such,
mobile vending located on property with existing principal uses may require amendment to an
existing approved site plan.
6
Importantly, a mobile vending unit may not be located on private
property unless the area will continue to provide the required off-street parking and circulation
for existing uses on the property. Temporary seating and other appurtenances may be allowed
with the permission of the landowner.
City Parks:
Mobile vending would not be allowed within a City park unless a park permit was issued.
Special Events:
Mobile vending may occur from a public right of way in a zoning district not otherwise
authorized (e.g. residential zones) only if the owner of the property where the event occurs has
invited the mobile vendor to participate in a special event such as a graduation or block party.
The mobile vendor may not remain at the event longer than the event and must be located to
avoid conflicts with pedestrians and other uses of the public right of way. No special permit will
be required for this type of activity though the applicable business license will be required. In
this situation, mobile vendors cannot sell to the general public – only to the invitees of the
special event.
In addition, a mobile vendor may also obtain permission to vend in a location not authorized
(e.g., collectors and arterials) if such vending is approved pursuant to a public assembly permit.
General Regulations:
Additional recommended standards:
Wherever mobile vending is authorized, the operations must comply with all generally
applicable parking regulations (including the 2am to 7am restriction on Main Street).
Mobile vending must comply with the City’s nuisance and noise requirements.
The Bozeman Police and Fire Departments may require relocation of a mobile vending
unit in the presence of a public safety hazard.
Recognizing the primary use of streets is for the movement of vehicles, bicycles, and
pedestrians, a mobile vendor may not operate the mobile vending unit in a manner that
impedes these uses.
Mobile vending units located on a public right-of-way must be no more than 36 feet in
length.
6 For example, in 2016, the Department of Community Development approved a modification to an approved site
plan for a use in an industrial zoning district known to host mobile vendors during operating hours. The applicant
demonstrated the proper accounting of required parking stalls and safe circulation for mobile vendors and customers
utilizing the site for the principal use and mobile vending.
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Mobile vending on sidewalks in the downtown area (e.g. carts) must have a sidewalk
encroachment permit in addition to the mobile vending business license.
A mobile vendor may not place any item, including chairs, tables, or signage on a
sidewalk.
A mobile vendor’s serving window may not be located in front of a necessary or
approved sidewalk encroachment such as a bike rack, light post, or artwork.
A mobile vendor may not operate the mobile vending unit in front of a location in
downtown where an exclusive use permit has been issued for a sidewalk café.
Awnings: are authorized but must not be supported by the sidewalk.
Trash: a mobile vendor must have a trash receptacle mounted to the mobile vending unit
and is responsible for trash collection in the area around the vending unit. Trash must be
disposed of lawfully.
Lighting: all lighting must be downcast and comply with the City’s lighting standards as
specified in the unified development code.
Signage: cannot extend above the mobile vending unit, must not block pedestrian
movement, etc.
Utilities: mobile vending units must be self-contained for water and power if the units are
located on public rights of way. This does not prohibit a mobile vendor from connecting
to these services if located on private property.
Fire abatement: at least one fire extinguisher must be present on the mobile vending unit.
Noise and Exhaust: portable generators used by a mobile vendor must be rated to operate
at no more than 60 decibels. I have not included a recommendation generators be
enclosed as this may create a safety hazard. Nor am I suggesting regulating on the basis
of wattage. Exhaust from generators and all operations must be directed away from the
service window and adjacent sidewalks.
Sales may not be made directly to a person on a public street. The sales must be made to
a sidewalk.
Customers may not access a mobile vending unit from the parking lane.
Violations and Enforcement: Violations can result in revocation of a permit. Violations can also
be cited as a misdemeanor.
III. Proposed Fee Structure:
I propose a fee structure that will require a $25 general business and also require a $225 mobile
vending fee for the additional review and inspections that will occur. As such, if a mobile vendor
desires to operate in the City outside of downtown the fee would be $250 total. In addition, I
propose a $250 fee for operating in downtown. This fee recognizes the costs of maintaining a
high quality physical environment in downtown and will be used to assist in upkeep and
maintenance operations paid for by the Downtown Bozeman Improvement District.
UNRESOLVED ISSUES: None identified. My recommendations seek to comprehensively
address the issues that have been discussed for the past five years.
ALTERNATIVES: The recommendations included herein are my recommendations based
on what I consider best practices as applied to the City. Should the Commission desire to
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regulate mobile vending throughout the City differently than recommended the Commission
should be mindful of regulating on the basis of public health, safety, and general welfare
concerns. I urge the Commission to refrain from regulating on the primary basis of promoting
competitive fairness.
FISCAL EFFECTS: Fiscal effects directly to the City will be minimal. Processing mobile
vending business licenses will be incorporated into the regular course of business. A resolution
setting license fees will be presented to the Commission along with final adoption of an
ordinance, if the Commission moves forward. The fee resolution would be effective at the same
time the ordinance becomes effective. Additional staff time and resources will be required for
training code and law enforcement officers on the regulations.
Attachments:
Appendix A: City Manager Recommendations to Regulate Mobile Vending
Staff Memorandum from November 21, 2011
Staff Memorandum from June 25, 2012 (Working Group Recommended Alternatives)
Mobile Vendor Truck Regulation Framework (Sept. 15, 2015)
Staff Memorandum from July 11, 2016
Staff Memorandum from August 1, 2016
Excerpt from Chapter 2 of the 2007 Greater Bozeman Area Transportation Plan (classification of
arterials and collectors with maps)
Bozeman Downtown & Midtown Mobile Vending (map)
City-wide Mobile Vending (map)
Downtown and Midtown Street Exception for Mobile Vending (map)
MDT Traffic Data for Main, Babcock, and Mendenhall Streets (1996 – 2015)
Appendix D from 2016 Downtown Strategic Parking Management Plan
Downtown Encroachment Permits (map)
Boundaries of the Downtown Business Improvement District (map)
Report prepared by GS, MW, and KS on: February 6, 2017
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Attachment A
PROPOSED REGULATIONS: MOBILE VENDING
February 13, 2017
Legislative findings:
1. The primary purpose of the public streets and sidewalks is the use by vehicular, bicycles,
and pedestrian traffic.
2. Mobile vending operations within the City provide economic opportunities to local
entrepreneurs, add to a vibrant food and retail environment, and attract visitors and residents to
engage in economic and social activities within the downtown and other commercial areas.
3. Reasonable, narrowly tailored regulation of street and sidewalk vending is necessary to
protect the city’s interests in ensuring food safety, minimizing obstruction of sidewalks, and
protecting against safety hazards on city rights of way to promote the health, safety and welfare of
city residents and visitors.
Addition of definition to Chapter 1, Article 1 (General Provisions)
Health department. The term “health department” means the Gallatin City/County Health
Department or any other health department created by the city commission pursuant to title 50,
MCA.
Addition of reference to mobile vending requirements to Chapter 12, Article 2 (Business
Licensing: Administration and Enforcement)
Compliance required.
It shall be unlawful for any person, either directly or indirectly, to conduct any business or to
use in connection therewith any vehicle, premises, machine, device, employee, or agent in
whole or in part, for which a license, or permit, is required by any law or ordinance of this city,
without a license, or permit being first procured and kept in effect at all such times as required
by this chapter or other law or ordinance of this city; nor shall the issuance of a license entitle or
authorize the applicant to open or maintain any business contrary to the provisions of this
chapter or law. In addition to the provisions of this chapter, “mobile vendors” as defined in
28.03.030 are subject to the provisions of chapter 28, article 3.
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Addition of new Article 3, Mobile Vending, to Chapter 28 (Sales)
1. Purpose.
The purpose of this article is to provide for the regulation of street and sidewalk vending
activities in downtown Bozeman and in certain zoning districts within the city in order to
maintain safe and attractive rights of way while encouraging economic activity and diversity.
2. Applicability.
The provisions of this article apply to mobile vendors as defined herein. This article does not
apply to:
A. Mobile vendors who dispense food or other goods from mobile vending units and that
move from place to place and are stationary in the same location for no more than 15
minutes at a time, such as ice cream trucks. Such vendors must offer for sale only food
and non-alcoholic beverages.
B. Mobile caterers who are transporting and delivering food and beverages to residential,
business and industrial establishments pursuant to prearranged schedules and dispensing
from the vehicles the items for the convenience of the personnel or occupants of such
establishments.
C. Mobile caterers who are hired for private catering purposes to serve guests of a catered
event, so long as:
1. The mobile caterer is parked entirely on private property;
2. Service is limited to the guests of the catered event only; and
3. No payment transaction shall occur for individual orders taken by the mobile caterer.
3. Definitions.
A. Director means the city’s director of community development.
B. Downtown business improvement district means the Bozeman Downtown Business
Improvement District created by Commission Resolution No. 4263 and Ordinance No.
1790.
C. Mobile means the state of being in active, but not necessarily continuous, movement;
capable of being moved and not permanently fixed or placed.
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D. Mobile vending unit includes:
1. A motorized vehicle from which a mobile vendor offers for sale or sells goods to the
public; or
2. A “sidewalk vending cart” as defined in 34.05.020;1
or
3. A trailer that is pulled by a motorized vehicle and has no power to move on its own
from which a mobile vendor offers for sale or sells goods to the public; or
4. Any other mobile device or container from which a mobile vendor offers for sale or
sells goods to the public.
E. Mobile vendor means any person that sells or offers for sale goods from a mobile
vending unit within the city. A transient merchant or itinerant vendor as defined in
12.01.0102
is not a mobile vendor for purposes of this article.
4. License required.
A. General. It is unlawful for any person to operate within the city a mobile vending unit,
as defined in this article, without having first obtained a mobile vending license. A
separate license shall be required for each mobile vending unit. In addition to the
provisions set forth in this article, all provisions of chapter 12, Business Licensing, shall
apply to mobile vending businesses unless specifically noted in this article.
B. Mobile vending licenses. The city may issue a mobile vending license for:
1. Mobile vending in all lawful locations throughout the city including within the
boundaries of the downtown business improvement district; or
1 "Sidewalk vending cart" means any handcart, pushcart, stall, or any other mobile device that is used for the
purpose of displaying, exhibiting, carrying, transporting, storing, selling, or offering for sale any food, beverages,
goods, wares, or merchandise upon a sidewalk.
2 "Itinerant vendor" means any person engaged or employed in the business of selling to consumers by going from
consumer to consumer, either on the streets or to their places of residence or employment and soliciting, selling or
taking orders for future delivery of any goods, wares, or merchandise or for services to be performed in the future.
"Transient merchant" means any person who brings into temporary premises into the city a stock of goods, wares or
articles of merchandise or notions or other articles of trade, and who solicits, sells or offers to sell, or exhibits for
sale, such stock of goods, wares or articles of merchandise or notions or other articles of trade is within the meaning
of this chapter a "transient merchant," and such definition shall continue to apply until such person is continuously
engaged at such temporary premises for a period of one year.
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2. Mobile vending in all lawful locations throughout the city excluding the downtown
business improvement district.
C. Application; inspections. A mobile vendor must complete and submit an application
including a signage plan for a mobile vending business license to the Department of
Community Development. Prior to issuance of a license, all required inspections by the
city fire marshal and, if a food vendor, the health department shall be completed. A
mobile vendor serving food must present to the city an approved health department
license prior to issuance of a city license under this chapter.
D. Insurance. The mobile vendor must provide proof of commercial general liability
insurance with the application for mobile vending business license.
E. Fees. Mobile vending business license fees shall be established by resolution of the city
commission.
5. Permitted locations. Mobile vendors may operate a mobile vending unit only in the
locations described in this section. Mobile vending is prohibited in alleys. Nothing herein
authorizes use of a designated state highway in contravention of state law.
A. Zoning districts where operation is permitted. Subject to the provisions of this article,
mobile vendors are permitted to operate mobile vending units in the following zoning
districts as defined in 38.07.010:
1. Commercial (B-1, B-2, B-2M, B-3)
2. Industrial (M-1, M-2, B-P)
3. Public Land and Institutions (PLI)
4. Residential Emphasis Mixed Use (REMU)
5. Urban Mixed Use (UMU)
6. Historic Mixed Use (HMU)
7. Residential Office (R-O)
B. Right-of-way designations where operation is prohibited. Within the permitted
zoning districts, unless otherwise excepted in subsection C or approved by the director of
public works, mobile vending is prohibited on streets designated in the most recently
adopted long range transportation plan as:
1. Interstate; or
2. Principal Arterial; or
3. Minor Arterial; or
4. Collector.
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Mobile vending is prohibited on both sides of any street or avenue adjacent to a
residential zoning district.
C. Exception for portions of downtown and midtown. Notwithstanding the foregoing
prohibitions and subject to all other provisions of this code mobile vendors are permitted
to operate mobile vending units on both sides of the following streets:
1. Main Street between North Broadway Avenue and North 7th Avenue;
2. Mendenhall Street between Rouse Avenue and North 7th
Avenue;
3. Babcock Street between South Wallace Avenue and South 4th
Avenue;
4. Rouse Avenue between Babcock Street and Main Street;
5. South Willson Avenue between Main Street; and
6. North 7th Avenue between Main Street and Peach Street/Durston Road.
D. Location on private property.
1. A mobile vendor may not operate on any private property without written permission
from the property owner and must leave the property if asked to leave by the property
owner. A copy of the owner’s written and notarized permission to operate in a
specific location signed by the property owner shall be kept within the mobile unit at
all times.
2. A mobile vending unit located on private property is subject to the same land use
standards applicable to the property as if the unit was a permanent structure and may
require approval pursuant to chapter 38.
3. A mobile vending unit may not be located on a private parking area unless the area
will continue to provide the required off-street parking spaces and circulation for
existing uses on the property.
4. The wheels of a mobile vending vehicle must not be removed.
5. Temporary seating, sandwich board signs and other temporary appurtenances may be
allowed with permission of the property owner.
E. Operating in city parks and city property. The director of parks and recreation may
authorize mobile vending in a city park pursuant to 26.02.050 notwithstanding the
prohibition in subsection A of this section. Subject to subsection F of this section:
1. The parking commission may authorize mobile vending on a city-owned parking lot
which is subject to the parking commission’s authority.
2. The city manager may authorize mobile vending on any other real property owned by
the city not otherwise prohibited by this article.
3. The library board of trustees may authorize mobile vending on the grounds of the
public library.
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F. Special event food vending. Mobile food vendors may operate from a location including
public rights of way except as prohibited in subsection B of this section in a zoning district
which is not otherwise approved for mobile food vending, including residential zones,
under the following conditions:
1. In addition to the requirements of subsection D of this section, the owner of the
property where such event will occur has invited the mobile food vendor to
participate in a special event such as a community event, neighborhood block party,
wedding, or birthday party, and mobile food vending is part of the approved special
event activities.
2. In addition to the requirements of section 6 (hours of operation), the mobile food
vending unit may not remain at the location for longer than the duration of the special
event and while there must be located so as to avoid creating conflicts with pedestrian
or motor vehicle traffic or creating other public safety problems.
3. Mobile vending from the public right-of-way in conjunction with a special event
within a public park may be approved as part of the park reservation permit
application for such event pursuant to 26.02.050.
4. A mobile vendor may operate on a public right-of-way prohibited in subsection B of
this section if the mobile vending occurs pursuant to an approved public assembly
permit.
5. Mobile food vendors operating pursuant to this exception to the location provisions of
this article must comply with all other provisions of this chapter.
6. Hours of operation.
A. Mobile vendors are permitted to operate during the hours of 6:00 a.m. to 11:00 p.m.,
unless otherwise noted in this section.
B. In B2 and B3 zoning districts, mobile vendors may operate from 6:00 a.m. to 2:30 a.m.,
except that on Main Street between Church Avenue and Grand Avenue mobile vendors
may only operate from 6:00 a.m. to 10:00 a.m. and 9:00 p.m. to 2:30 a.m. The time
limitation for Main Street is not applicable to a sidewalk vending cart as defined in
34.05.020 which has been issued a sidewalk encroachment permit by the city and
presents to the city the written authorization of the owner of the property in front of
which the sidewalk vending cart intends to operate.
C. Notwithstanding subsections A and B, mobile vendors must comply with all posted
parking time restrictions and the time restrictions in chapter 16, art. 6 (noise).
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7. Mobile vendor requirements.
The following regulations apply to all mobile vending operations whether on public or private
property, unless otherwise stated in section 5, subsection D:
A. Compliance with laws. In addition to the provisions of this chapter, a mobile vendor
must comply with all other applicable local, state and federal laws, including but not
limited to state motor vehicle licensing laws, motor vehicle maximum dimension
standards established pursuant to state law, health department permitting requirements,
and city requirements for use of public right-of-way. Loss of any required state or county
permit or license will result in revocation of the mobile vending license in accordance
with section 8.
B. Safety hazards. The mobile vendor acknowledges that the police and fire departments,
or any authorized representative thereof, have the right to suspend operations or request
the mobile vendor to relocate when the vendor is causing or contributing to a public
safety hazard.
C. Parking. Mobile vending units are subject to and must comply with all applicable city
parking regulations, including time limitations and ADA parking restrictions. Mobile
vending units located on a public right-of-way must be no more than 36 feet in length.
D. Vehicular traffic. The mobile vendor may not operate the mobile vending unit in a
manner that impedes vehicular or bicycle traffic.
E. Pedestrian access. The mobile vendor may not operate the mobile vending unit in a
manner than impedes pedestrian access along the sidewalk or public right-of-way. The
mobile vendor must set up and operate the mobile vending unit so as to maintain a clear
pedestrian pathway along the public sidewalk at all times.
1. Mobile vending units designed to be located on the sidewalk, such as sidewalk
vending carts, must first obtain an encroachment permit issued by the Department of
Public Works pursuant to chapter 34, article 5.
2. A mobile vendor operating a mobile vending unit may not place any item, including
chairs, tables, or signage on the sidewalk.
3. A mobile vending unit may not be located such that its serving window or customer
access door is adjacent to a tree, light pole, sculpture, bike rack, trash can affixed to
the sidewalk, newspaper dispenser, publication rack, or any other permanently-
mounted fixture on the sidewalk.
4. Any obstructions of the public right-of-way deemed unsafe by the city or placed
without proper approval will be promptly removed.
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5. A mobile vending unit may not be located on or adjacent to that portion of the
sidewalk for which an exclusive use encroachment permit pursuant to 34.05.080 has
been issued and is actively being used.
F. Awnings. Any canopies, awnings or any other attachments must be supported entirely
by the mobile vending unit and may not touch the ground.
G. Trash. Each mobile vending unit must be equipped with a portable trash receptacle
attached to the mobile vending unit and available for use by the mobile vendor’s
customers. The mobile vendor must properly dispose of solid waste and waste water in
an authorized sanitation facility pursuant to local and state rules, regulations and laws.
The mobile vendor must remove and dispose of all trash and refuse within 25 feet of the
mobile vending of unit which were originally dispensed from the truck.
H. Lighting. The mobile vendor may not use any flashing or blinking lights or strobe lights.
The mobile vendor must comply with all requirements of 38.23.150.D.7. The mobile
vendor may provide localized lighting on or in the mobile vending unit for the purpose of
illuminating the customer ordering area to ensure customer safety, for the purpose of food
preparation, and for the purpose of menu illumination.
I. Signage.
1. Mobile vendors must submit a sign plan with the application for a mobile vending
business license. Mobile vending units do not require a separate sign permit pursuant
to chapter 38, article 28.
2. Mobile vendors may not use a sign that is prohibited by 38.28.030.
3. Signs may not block pedestrian facilities of the right-of-way and must be flush with
the mobile vending unit.
4. Signs may not extend above the mobile vending unit.
5. Mobile food vending units may only display their menu on the side of the mobile
vending unit designed to face the customers.
6. Mobile vendors may not hang or display merchandise or any item on trees, umbrellas,
walls, or vend from other temporary structures located upon any public street,
sidewalk, right-of-way or other public property.
7. No third party advertising is permitted on the mobile vending unit.
J. Public utilities. The mobile vending unit must be self-contained and may not connect to
city water or power during operation while located on public right-of-way.
K. Fire abatement. At least one operational, tagged fire extinguisher shall be kept available
and accessible as directed by the city fire marshal or designee.
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L. Noise and nuisance; exhaust.
1. The mobile vendor must comply with the noise provisions of chapter 16, article 6 and
all nuisance provisions of chapter 16, article 2 (nuisances).
2. Portable generators must be securely affixed to the unit during operation.
3. Generators may not exceed a rating of 60 dBA pursuant to industry standard
measurements.
4. Idling of a mobile vending vehicle is prohibited while preparing or serving food.
Exhaust from a generator and all mobile vending operations including food
preparation must be directed away from the service window and adjacent sidewalk.
M. Display of mobile vending business license. Mobile vendors must display visibly their
current mobile vending business license from the city at all times. The licenses must be
made available for inspection upon request by the city.
N. Sales only to pedestrians on the sidewalk. Vendors are not permitted to sell, offer for
sale, solicit or attempt to solicit or sell to occupants of any vehicle or to any person on a
public street. A mobile vendor may only sell to persons on a sidewalk and may not sell
directly or allow customers to access the mobile vending unit from a public street.
8. Violations; enforcement.
A. License suspension or revocation. The city manager may suspend or revoke a license
when the licensee commits one or more of the following acts or omissions:
1. Failure to comply with any provision of this article or of chapters 12 or 38;
2. Conducting the licensed activity in such a manner as to create a public nuisance,
cause a breach of the peace, constitute a danger to the public health, safety, welfare or
morals, or interfere with the rights of abutting property owners;
3. Cancellation of the health department’s authorization for a mobile vending unit; or
4. The securing of any license by fraud or misrepresentation, to specifically include
false or incorrect information on the license application.
B. Procedure. Should the city manager decide to suspend or revoke a license, the licensee
will be given notice and an opportunity to respond following the procedures in 12.02.180,
except that should the city manager determine the mobile vending unit or the mobile
vendor’s operations present a safety hazard or require immediate remedy, the city
manager may order the mobile vending unit removed immediately by local law
enforcement or the code compliance officer.
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C. Appeal. Licensee will have the right to appeal the decision of the city manager by
following the provisions of 12.02.190.
D. Violation constitutes a misdemeanor. In addition to suspension or revocation under
subsection A of this section, a knowing violation of this article constitutes a misdemeanor
punishable as described in 1.01.210.
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
Tim McHarg, Planning Director
Brit Fontenot, Economic Development Director
SUBJECT: Discuss Process to Identify Alternatives for Mobile Food Vendors and
Temporary Uses within the City
MEETING DATE: Monday, November 21, 2011
AGENDA ITEM TYPE: Policy Discussion Item
RECOMMENDATION: Staff recommends that the City Commission consider issues relating
to temporary uses and mobile food vendor operations and give direction to staff:
To convene a community wide stakeholders group to assess mobile food vendors and temporary
uses including the potential for additional on-street regulations and a recommendation for a
permitting process for off-street mobile food vendors and temporary uses on specific sites.
BACKGROUND: The presence of mobile vending trucks, especially food vending trucks, has
increased in recent years. This past summer, some business and property owners in downtown
Bozeman complained that these trucks block visibility to their stores, disturb the business
environment (generator noise, garbage, and lines blocking the sidewalk), and create unfair
competition. This memo presents issues related to mobile food vendors operating on public
streets and on private property, and offers options for the Commission to consider in developing
a mobile vending truck policy. The focus of the report is on food vending trucks, although retail
vending trucks would be subject to many of the same considerations. The trend of mobile retail
“pop up” stores is also gaining traction nationally. This concept includes “constructing” a
temporary retail space within another permanent venue or placing a shipping container modified
into a portable retail store onto a vacant site. Staff recommends that the Commission consider all
temporary and mobile uses as it works to develop a policy and regulations to add these new
emerging uses into the City’s regulatory framework.
Traditional food vending trucks have operated in this country for decades, servicing locations
such as construction sites and factories where access to traditional restaurants is limited. These
mobile food trucks are better known for offering simple fare, and for staking out a single, visible
location where they may do business for an entire workday. As growth in the manufacturing
sector has declined, fewer truck operators are making multiple short stops, as was the practice 30
or 40 years ago.
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Food vending trucks offering a range of dining choices are a relatively new phenomenon whose
popularity has spread across the United States. These newcomers are a distinct branch of the
traditional food vending trucks. These vehicles are highly visible mobile kitchens that offer a
broad range of innovative dining choices. Typically, food trucks park in popular commercial
areas for varying lengths of time, then travel to a new location, often communicating the new
destination to their customers through Twitter and other social media outlets.
There are several types of food vending vehicles including:
a. Push carts are non-motorized and may operate on sidewalks;
b. Trailers are non-motorized and are commonly towed behind vehicles;
c. Mini-trucks are small motorized trucks large enough for one or two people to operate with
on-board power or refrigeration; and
d. Food trucks are large, motorized trucks, considered a kitchen on wheels with on-board
power, a refrigeration unit, and are large enough for three to four people to operate.
Mobile Food Vendor Regulations
Mobile push carts that commonly operate on sidewalks are managed today in the Downtown
District by the encroachment permitting program administered by the Department of Public
Works. While these uses are not the focus of this report, the City may consider updating these
regulations if a more holistic approach is taken towards all mobile and temporary uses.
Mobile vendors that operate on public streets within the City are governed by both State and
local law. Title 61 of the Montana Code Annotated (MCA) “Motor Vehicles” and Chapter 36 of
the Unified Development Code UDC) contain broad-based vehicle regulations, such as no
parking zones, vehicle size and parking time limits, parking space, and preferential parking
restrictions, which apply to all vehicles. All mobile vendors operating on City streets must
comply with these generally applicable regulations. Any failure to comply with these restrictions
may result in a parking citation.
The MCA grants local governments’ significant authority to impose generally applicable parking
regulations on public streets. The City is therefore authorized to impose additional parking
regulations that affect all vehicles equally. However, it’s unclear if the MCA limits local
governments’ ability to specifically regulate mobile food or non-food vendors on public streets
unless there is a public safety concern. In other states courts have struck down mobile vending
regulations enacted by municipalities that rely on other justifications, such as the need to protect
local brick-and-mortar businesses from mobile competition.
With respect to mobile food vendors, the Gallatin County Public Health regulations provide
additional restrictions governing the vending of edible items. These regulations are required to
be followed by anyone serving food to the public.
Mobile vendors operating on City streets are also required to comply with Chapter 12 of the
UDC, which states that these vendors must obtain a business license in order to operate within
the City limits.
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Mobile vendors operating on private property, off the public streets, would be subject to the
Unified Development Code, Bozeman’s subdivision and zoning ordinance. The regulations that
apply to mobile food vendors depend on how the vendor uses the property. Different regulations
would apply if the vendor was parking in an existing parking lot or if the vendor was using a
vacant site. How the regulations are applied is also dependent on the duration of the vending use
on site and whether the site is conforming to applicable UDC standards. If the use is of a short
duration and not according to a set pattern, the use would be considered accessory, with no
regulations applying. If the use were to occur on a more permanent basis, with longer serving
hours the regulations that apply to more permanent primary land uses may apply, including
bringing the site into conformance with applicable UDC standards.
Mobile Food Vending on Public Streets and Community Concerns
Over the summer of 2011 City staff received complaints regarding mobile food vending trucks
parking on and off the streets in the downtown central business district. The nature of the
complaints voiced by businesses regarding mobile food trucks are similar to those heard in other
communities around the country where mobile food trucks frequent popular areas with well-
established brick-and-mortar businesses. The concerns raised by Bozeman business
organizations generally fall within the following categories: public safety, community impacts,
and economic impacts:
Public safety concerns have been raised about drivers making illegal maneuvers to access
vending trucks and pedestrians walking into the streets to avoid food-truck customers who are
blocking the adjacent sidewalks. Another safety concern is that parked vending trucks may
obstruct law enforcement officers’ views into area businesses.
On Main Street, problems have been reported when patrons congregate around food trucks after
the bars close at 2:00 am. Businesses report an increase in loud noise, fights and other malicious
behavior as bar patrons congregate around food trucks.
Community impact concerns focus on security, trash collection, and general public nuisance
concerns such as odors permeating the surrounding area, noise created by generators, limited
access to restroom facilities for both employees and patrons, ADA accessibility, and proximity
and respect for the nearby community.
The economic impact concerns include competition with established restaurants as a result of the
lower prices that vending trucks can charge because they do not have the same overhead as
brick-and-mortar restaurants (i.e., rent or impact fees). Mobile vending trucks may also occupy
scarce on-street public parking for long periods of time.
Off-Street Food Vending Operations
The issues associated with off street food vending issues can also include the same impacts
associated with public safety, community impact, and economic impact identified for on street
vending uses. In addition, many off street vending operations can run contrary to Bozeman’s
zoning ordinance. For example, trucks parked within established parking areas for an existing
business can take up required parking spaces for that business. Customers coming to that truck
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directed by a social media outlet could also take up additional parking spaces for that business
and push customer parking onto the street. Often times, mobile vendors set up outdoor seating
spaces on off street property that can block pedestrian circulation and ADA accessibility. More
permanent mobile food vendors often believe that a vacant lot is a solution to those issues raised
by parking within a parking lot of existing businesses. This is often times not accurate as vacant
and underutilized parcels are often non-conforming with applicable UDC standards, such as
permanent parking area surfacing, pedestrian sidewalks, safe access, and utilities to serve a more
permanent operation.
Policy Considerations for Commission
There is an increasing demand for mobile food trucks and for on- and off-street areas where food
trucks may congregate. The following are options that the Commission may wish to consider in
developing policies surrounding on- and off-street vending truck activities.
On-Street Vending Trucks
On-street vending trucks, especially food vending trucks, respond to customers who want lower
cost, grab-and-go, informal dining. However, public safety concerns may warrant closer
management of where mobile vending trucks park in particular areas of the City. Additional
changes, potentially requiring the amendment of State law, could allow the City to further
regulate where mobile vendors can operate. To better manage the locations of on-street parking
available to mobile vending trucks, where warranted, the following options, among others, are
available:
a. Create no-parking zones, reduce parking space size, and restrict time limits to prevent
parking by any vehicle, including mobile vending trucks, in areas where parking is
unsafe. For example, on streets in the Downtown Core parking regulations do not allow
parking from 2 am to 7 am. The Police Department could be empowered to more rigorously
enforce this requirement.
b. Explore the adoption of a graduated parking citation system, which could allow the citation
of vehicles parked in violation of posted regulations more than once per day at an ever
increasing fine per offense. A graduated parking citation fine system for multiple citations
could be applicable to all motorists and could eventually provide a disincentive to some
repeat offenders, including those who may not be mobile vendors; and
c. Research the MCA to determine if it needs to be amended to allow cities the authority to
govern locations, time and duration of on-street vending operations.
Off-Street Vending Trucks
Off-street food vending programs have been well received in such diverse and populous cities as
Seattle, Portland and Cincinnati, where they attract customers to underserved areas, create “eyes
and ears” on the street, and provide entrepreneurial opportunities for start-up businesses on
private property.
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In Bozeman, off-street vending can occur on private and public property. If the Commission is
supportive of allowing off-street vending trucks and moving forward with creating a permitting
process, the following options, among others, are available:
a. Food vs. Retail Vending Trucks: Special permits for off-street vending could be limited to
food vending trucks to prevent the proliferation of retail vending trucks;
b. Permitting: Staff could return with options for permitting off-street mobile vending
operations, including administrative processes using a Use Permit, or through a discretionary
process such as a Special Use Permit. Any permitting mechanism used would include
special conditions or standards;
c. Appropriate Area: Staff could return to Commission with recommendations related to
locating off-street mobile food vending operations in specific zone districts, in areas of the
City that are underserved or have few amenities, or only on specific sites;
d. Business License Fees, Permits and Special Assessments; and
e. Conditions: Conditions that could be considered in the granting of a permit for off-street
food vending would need to be site-specific and could address the following: number of
trucks and patron capacity, signage, noise, parking, provision of parking, restrooms, and
other amenities, lighting, security, ADA accessibility, and frequency of the event.
f. Public parking lot: Staff would consider allowing vendors to utilize a public parking lot
after 6 p.m., giving each vendor equal opportunity and visibility.
Other Temporary Uses
Staff has received inquiries regarding more permanent temporary uses such as shipping
containers outfitted as seasonal retail uses or sales offices. These shipping containers create
some of the same concerns as mobile food vendors. Nationally the trend toward more transient
uses and structures is pervasive. The City has long had regulations for the drive up coffee
convenience uses commonly known as “java huts.” These are permitted through a special
temporary use permit process and special standards for those specific uses. Staff has received
inquiries to turn these huts into businesses where the primary product would be food cooked off
site rather than coffee. The code does not have a framework for these more temporary uses and
staff recommends that these other uses be considered as a subset of the framework for mobile
food vendors as there are many crossover issues. One option to consider could include
developing an accessory use process to permit these types of quasi-permanent uses on sites that
are conforming to applicable UDC standards.
Stakeholder group
Staff recommends that the City convene a community wide stakeholders group to assess mobile
food vendors and temporary uses including the potential for additional on-street regulations and
a recommendation for a permitting process for off-street mobile food vendors and temporary
uses on specific sites. The stakeholders group is proposed to consist of a large contingent of
interested parties in these issues. Representatives of the following groups would be anticipated
on any stakeholder group: Downtown Business Association, Mobile Food Vendors, city staff,
Bozeman Parking Commission, City/County Health Department staff, Bozeman School District
7, Montana State University, large retail property owners (Gallatin Valley Mall, Stoneridge
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Square, Bridger Peaks Town Center, etc.), Bozeman Deaconess Hospital, and any other
identified interested organization.
UNRESOLVED ISSUES: These issues will be identified as the scope of this project is defined
by the Commission.
FISCAL EFFECTS: None established at this time.
ALTERNATIVES: Alternatives for Commission action have been identified for consideration
and discussion with Staff and include:
Convene a community wide stakeholders group to assess mobile food vendors and temporary
uses including the potential for additional on-street regulations and a recommendation for a
permitting process for off-street mobile food vendors and temporary uses on specific sites.
Attachments: A. Other Community Approaches to Mobile Food Vending
Report compiled on: November 17, 2011
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ATTACHMENT A
Other Community Approaches to Mobile Food Vending
Seattle, Washington – The City of Seattle encourages mobile food vending, especially
in their Center City/Downtown urban centers. The benefits that are cited by offering
low-cost, culturally diverse foods for people on the go, is that they typically complement
– rather than compete – with sit down restaurants and give people more reasons to
frequent local shopping districts. Other benefits include mobile food vendors bring a
festive, pedestrian-friendly oriented feel to the area that thereby improves public
safety. The city is considering revising its policies to encourage mobile food vending in
the right-of-way such as eliminating the 200-foot setback for parks and identifying
locations where mobile vending would be permitted during certain days and times.
Portland, Oregon – The City of Portland, which is known for its vibrant street food
scene, partnered with a consultant to guide its policy on mobile food vending. The
consultant studied Portland’s growing food cart industry to determine if carts are a
possible avenue for furthering the city’s objectives for neighborhood livability and
community economic development. The consultant’s report indicated that food carts
have significant community benefits to neighborhood livability by fostering social
interactions, walkability, and by providing interim uses for vacant parcels. Another key
finding of the report was that 58% of business owners in downtown Portland found that
food vendors increased foot traffic, and 66% of business owners citywide had a positive
perception of food vendors.
New York City – In October 2010 the former privately owned restaurant, Tavern on
the Green, became a public visitors’ center run by the New York City Department of
Parks and Recreation. The iconic restaurant building is located in New York City’s
Central Park and the city in an attempt to continue providing high-quality food to the
public began a program allowing four food trucks to vend from the site. An outdoor
terrace with tables and chairs is available for diners to eat the food they buy from the
trucks. The food trucks pay rent to the City and the vending contracts are for one year
with an option for a second year. One mobile food vendor reportedly is paying the city
$100,000 for a one-year license. The vendors can apply to the state for a mobile liquor
license so that they may sell liquor from the trucks. Park officials say alcohol has been
sold successfully in other parts of the park without incident such as the Ballfields Café on
the north side of the Heckscher Ballfields, the Mineral Springs Café and the
Boathouse. Drinking will only be allowed in the terrace area, trucks will leave by 10pm
and no music will be allowed.
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Denver, Colorado – By December 2010, more than 150 mobile food vendors had
been licensed in Denver, Colorado. The City is in the process of creating a Food Truck
Guide, a document which pulls together all of the existing regulations affecting the
mobile food industry in a clear and concise format.
Civic Center Eats had been a summer 2010 event that occurred on Tuesdays in Civic
Center Park. The Civic Center Conservancy, a 501(c)(3) non-profit organization has a
permit with the City to create an outdoor food court in Civic Center Park on
Tuesdays. As a means to activate Civic Center and generate revenues to support the
Park, the City had contractually granted the Conservancy with the ability to create an
outdoor food court using mobile food vendors. The City amended its agreement with the
Conservancy to allow up to four mobile vendors into Civic Center Park on days that the
Park is not otherwise permitted for events. The Conservancy is an organization that is
focused on helping the City and County of Denver restore, enhance and activate
Downtown Denver’s historic Civic Center Park.
Washington, D.C – While in most cities the main opposition to mobile vending trucks
may be the brick-and-mortar businesses, in the District, however, there is more of a
hierarchy; the area’s inline businesses as well as the old-school street carts and the depot
owners who represent them all oppose mobile vending. The arguments against mobile
vending include: (1) the concept of allowing commercial activity at a parking meter is
inconsistent with public policy that parking meters are for customers, not commercial
activity or employees; (2) allowing commercial activity at parking meters which are not
appropriate locations, directly competes with the business needs of the traditional inline
businesses; (3) unfair disparity in sales tax rates – inline businesses pay a percentage on
sales while trucks pay a flat $1,500 annually; and (4) although roadway vending is legal
under the ice-cream truck law, the city is violating its own law, the Vending Regulation
Act of 2009 which says that no vending shall be allowed from a sidewalk, roadway or
other public space unless the person holds a vending site permit.
In June 2010, the District of Columbia Department of Consumer and Regulatory Affairs
(DCRA) released proposed vending regulations which govern vendor operations,
designates sidewalk, roadway, and area vending locations. The regulations also provides
for the creation of vending development zones and vending within the boundaries of
licensed special events.
Cincinnati – Wanting to join the national mobile food movement, the city of
Cincinnati evaluated its ordinances and realized that mobile food vendors are only
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permitted to operate in the city’s central business district (CBD) by paying for a private
parking lot, which is expensive and not always available. The city discovered that mobile
food vendors pay from $7 to $15 per day to park in private lots. The City proposed
creating a CBD mobile food vending permit that would allow vendors access to three
designated areas in the CBD to vend. Permits for the public locations cost $400-$800
depending on location and size of the vendor’s operation. The City created a one-year
Mobile Food Vendor Pilot Program to access consumer demand that began on June 28,
2010 and runs until June 27, 2011. In October 2010, a review of the program showed
that the public enjoyed the mobile food vendors and thought the program was good for
the area. Overall business owner feedback was also positive because it brought more
people to the area and sparked excitement. One complaint from a law firm said that the
mobile food vending program eliminated parking spots for their clients.
Atlanta Street Food Feasibility Study – The study was conducted by a team of three
graduate students in the School of City and Regional Planning at the Georgia Institute of
Technology. The Atlanta Street Food Coalition partnered with Central Atlanta Progress
and Lanier Parking Solutions to support the Study. The Study is organized into four
sections: Policy; Urban Design; Economic Impact, and; Food Environment. The Study
promotes street food as a viable business model and a contributor to the viability of city
streets and public space.
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
Tim McHarg, Planning Director
Brit Fontenot, Economic Development Director
SUBJECT: Working Group Recommended Alternatives for the Regulation of Mobile
Food Vendors
MEETING DATE: Monday, June 25, 2012
AGENDA ITEM TYPE: Action Item – Policy Discussion and Direction
RECOMMENDATION: That the Commission review the working group’ s recommendations,
gather additional public input, and provide direction to Staff regarding whether the Commission
would like to proceed forward with ordinances to implement the recommendations.
BACKGROUND: On November 21, 2011 Staff conducted a policy discussion regarding mobile
food vending and food trucks with the Commission. At that meeting, Staff reviewed the issues
surrounding mobile food vending in Bozeman and recommended that Staff organize and convene
a community wide stakeholders group to assess mobile food vendors and temporary uses
including the potential for additional on-street regulations and a recommendation for a permitting
process for off-street mobile food vendors and temporary uses on specific sites (see the attached
staff memorandum from the November 21, 2011 meeting). The Commission supported the
recommendation and Staff subsequently convened a working group and now returns with their
recommendations for mobile food vending regulations in the City.
The purpose of this meeting is to review the working group’ s recommendations, gather
additional public input, and determine if and how the Commission would like to proceed forward
with ordinances to implement the recommendations.
Mobile Food Vendor Working Group
The working group was composed of various individuals with an interest in Mobile Food
Vending. Attendees included:
Brenda Barrigner, Gallatin Valley Mall;
Bob Burrows, Bozeman School District #7;
Ellie Staley, Downtown Business Association (DBA);
Tim Christiansen, Vino Per Tutti and DBA Board Member;
Sean Hill, City/County Health Department;
Treaver Johnson, City/County Health Department;
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Nic Bryce, Rendezvous Catering Food Truck;
Jay Blaske, Tumbleweeds Food Truck;
Mark Martello, Z’s Meze Market;
Ryan Olson, Tarantino’ s Pizza;
David Priest, Pig Sty Food Truck;
Dennis Davies, The Nutty Montanan, Food Trailer;
Paul Burns, Bozeman Parking Manager;
Allyson Bristor, Bozeman Neighborhood Coordinator;
Tim McHarg, Planning Director;
Brit Fontenot, Economic Development Director; and,
Brian Krueger, Associate Planner.
The working group held five meetings from March to late May 2012, all of which were open to
the public. The group began with a thorough review of the types of mobile food vending and
issues surrounding each type, reviewed the current regulatory structure in the City of Bozeman,
reviewed regulations from other communities, and finally discussed and debated approaches to
regulation that would be appropriate for mobile food vending in this community.
Time was spent debating both sides of the “ equity” arguments regarding competitive fairness
issues with brick and mortar establishments and the general limitations of mobile venders such as
the requirements for a commissary, weather, lack of seating, inability to serve alcohol, parking
regulations, and the limited supply of on street parking. Many of the mobile vendors within the
working group shared anecdotal stories about the multiple challenges of vending downtown.
The difficulty in finding an on street parking space of sufficient size during lunchtime and
dinnertime and the limited customer base in certain areas of downtown has pushed many vendors
to focus their efforts on late night vending catering to customers coming and going from the
many bars downtown and more event based opportunities such as festivals, private catering,
collaborations with other businesses, and farmer’ s markets.
The meetings were facilitated by the Planning Department and the discussions and agreements
during the process were consensus based. For purposes of this working group, consensus was
defined as a process where members may not support every issue or decision 100%, but can
support and live with the final recommendation. The group recommends the following
regulations be considered as the basis for formal ordinances for mobile food vending within the
City. The recommendations are separated into three categories based upon the location of the
mobile food vendor. At this point, the recommendations are general and would need to be
developed further by Staff prior to ordinance form, if so directed by the Commission.
Mobile Food Vending on Public Streets/within the Right-of-Way
Regulations for vending within the right of way should include the following:
1. Parking Regulations: Mobile food vendors should be subject to the base parking regulations
within the City (e.g. 2 hours time limits, loading zones, ADA parking, site vision triangles,
etc.).
2. Signage: Signage must be permanently affixed to the mobile food vehicle. Signs can’ t block
pedestrian facilities or the right of way and must be flush with the vehicle. Vehicles must
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provide one fixed area for menu display. No banners or flags or signs can block right-of-way
or extend above vehicle. No awnings are permitted in the right-of-way.
3. Noise: Generator noise was identified as a potential impact. Regulations should limit
wattage size and provide dimensional and performance standards for an enclosure for
generators that would be attached to the vehicle./ The regulations should establish
requirements and specific standards for “whisper quiet generators.” It was suggested that the
guidelines/rules for local farmer’ s markets would be appropriate, as well as other best
practices in other cities. No amplified music should be permitted in conjunction with the
vehicle. Idling of the vehicle should be prohibited during service of food.
4. Outdoor Seating: Tables and chairs should not be allowed. No other encroachments into the
right-of-way, including the sidewalk, should be permitted.
5. Setbacks from Other Land Uses: The group did not support requiring minimum setbacks or
distance requirements from other restaurant locations or from schools.
6. Garbage: Attached trash receptacle on the vehicle should be required. Clean up of sidewalk
and immediate area should be required prior to leaving the site.
7. Lighting: All lighting associated with vehicles should be subject to full cut off requirements
and glare and nuisance provisions.
8. Hours of Operation: No restrictions other than underlying parking regulations.
9. Length/Type of Vehicles: Consider limiting the maximum length of vending vehicles, and
prohibit trailers vending in right-of-way.
10. Speed of Street: Consider restriction of vending on streets that include a speed limit above 45
mph.
Mobile Food Vending Off-Street on Private Property
Regulations for vending on private property should be similar to those restrictions for vending in
the right of way in certain areas. Those recommended are:
1. Signage: Signage must be permanently affixed to the mobile food vehicle. Signs can’ t block
pedestrian facilities or the right of way and must be flush with the vehicle. Vehicles must
provide one fixed area for menu display. No banners or flags or signs can block right-of-way
or extend above vehicle. No awnings are permitted in the right-of-way.
2. Noise: Generator noise was identified as a potential impact. Regulations should limit
wattage size and provide dimensional and performance standards for an enclosure for
generators that would be attached to the vehicle. The regulations should establish
requirements and specific standards for “whisper quiet generators.” It was suggested that the
guidelines/rules for local farmer’ s markets would be appropriate, as well as other best
practices in other cities. No amplified music should be permitted in conjunction with the
vehicle. Idling of the vehicle should be prohibited during service of food.
3. Garbage: Attached trash receptacle on the vehicle should be required. Clean up of sidewalk
and immediate area should be required prior to leaving the site.
4. Lighting: All lighting associated with vehicles should be subject to full cut off requirements
and glare and nuisance provisions.
5. Hours of Operation: No restrictions other than underlying parking regulations.
Regulations for vending on private property should include additional restrictions. Those
recommended are as follows:
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6. The allowance for mobile vending on private property would begin with authorization that
this use would expressly be allowed on a site by the property owner.
7. All mobile food vending uses would be subject to standards and specific criteria that would
be tiered based upon intensity similar to home occupations. A tiered permitting program
would allow occasional mobile food vending that would not be recurring as accessory to a
principal commercial use with no permitting required. Those sites with recurring mobile
food vending with more than one day a week would require permitting, of a type to be
determined ( e.g. special use permit, site plan, etc.). Food truck courts ( permanent multi
vehicle groups) could be permitted through a conditional use permit process.
8. Vending should be allowed only within zoning districts that allow commercial uses.
9. A setback or distance requirement from adjacent residential zones should be considered, such
as 50’ froma residential adjacency.
10. The site must have surfacing that is consistent with current code or be legal nonconforming.
Gravel lots were not recommended in any circumstance.
11. No overnight parking should be permitted. Permanent parking would only be allowed if
permitted as a permanent site plan use, where the entire lot would be to current standards,
consistent with the standards for a new restaurant use.
12. Outdoor seating, tables and chairs may be allowed based upon site specific conditions.
Encroachments should not be allowed onto adjacent right-of-way including sidewalks.
13. Both self contained vending vehicles and trailers should be allowed. Maximum length
standards do not appear to be necessary, provided there is adequate space on the site that
would not inhibit other circulation, parking, uses, etc.
14. No drive through windows should be allowed for mobile vending.
Mobile Food Vending on Public Property
The group forwards the following recommendations and comments for consideration:
1. Mobile vending should be allowed on public property, subject to basic safety standards and
adequacy of the area to support the use. It was noted that some parking lots downtown and
some parkland parking areas may be too small to support a vendor.
2. The group agreed to defer the regulations and policies required to the Parking Commission
and Recreation ( for downtown parking lots) and the Parks Advisory Board and the Parks
Department (for parklands).
3. The group discussed the potential for lease of parking spaces in downtown parking lots on a
monthly basis for food vendors, or a new process where the city would allocate vending
space and charge a daily fee for use.
4. It was noted that overnight parking is allowed in lots downtown, and there would not appear
to be a conflict in allowing vendors to park and serve customers past the 2am parking
restriction downtown.
Next Steps
The provided recommendations are general and would need to be developed further by Staff
prior to the crafting of ordinances. This would include determining where in the code to make
the appropriate changes, writing code language based upon best practices and the structure
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already established in the Bozeman Municipal Code and finally, legal review. If the
Commission determines to move forward with ordinances, it is recommended that the working
group stay involved in the review of the drafts leading up to final adoption.
The Commission could consider moving forward with all three categories at once or choose to
focus staff time on the most necessary sections first and continue development of the regulations
over time. The categories listed above: vending in the right-of-way, vending on private property,
and finally vending on public property are listed in the order of importance and need as
determined by both Staff and the working group. If the Commission chooses to move forward
with ordinances, Staff recommends that vending within the right-of-way and private property be
considered first and then as time allows the staff could work with other City advisory boards and
departments to develop regulations for vending on public property such as City parkland and
parking lots. The City currently has a permitting process through the Parks Department and
Public Works Department to host vending events such as the local Bogert Farmer’ s Markets and
Music On Main and other events when the rights-of-ways are closed. This process is working
well and may provide a basis for further opportunities for mobile food vending outside of formal
events.
UNRESOLVED ISSUES: There are two unresolved issues at this point in the process:
1. Vending Downtown. Throughout the process, Staff and the working group continued to hear
from restaurateurs and property owners in Downtown Bozeman that they would not support
mobile vending in any location. The working group discussed in detail the competitive
fairness issue and the strengths and weaknesses of both mobile vendors and the brick and
mortar restaurants. Based upon those discussions, the working group chose to not
recommend a two part solution for vending within the City where regulations would be
different downtown then they would be elsewhere in the City. The working group also chose
not to recommend setbacks that other community’ s have adopted that require mobile food
vendors to locate themselves no closer than a specified distance from a building that housed a
restaurant. Ultimately, the decision whether to prohibit mobile food vending in the
Downtown based on these equity considerations is a policy decision for the Commission.
There was discussion during the meetings regarding vending in the right-of-way about the
potential disruption from the close proximity of a mobile vendor parking adjacent to a
permitted outdoor dining area downtown. Staff recommends that if the Commission
considers allowing mobile vending within the right-of-way, that the issue of setbacks from
outdoor dining areas be considered and reviewed in additional detail during the creation of an
ordinance.
2. Fees and Taxes. The discussions of the working group were primarily based upon the
community and public safety impacts of mobile vending. While the group discussed
competitive fairness issues based upon location, the group did not significantly focus upon
the economic fairness arguments regarding the payment of impact fees, property taxes, and
encroachment permits and BID special assessments. There were mixed opinions within the
group on these issues and Staff has not done extensive research at this time on these topics,
pending direction from the Commission. Other communities have addressed these issues in a
variety of way such as specialized business permits, user fees, zoning application fees, annual
assessments, etc. In most communities, mobile vendors must collect sales taxes on their
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products and consequently the local municipalities are required collect those sales taxes from
mobile vendors resulting in a much closer relationship between the City and the vendors. If
the Commission would like information on this topic prior to or during the preparation of
ordinances staff can work with the Finance Department, the State, and other agencies to
provide additional analysis for consideration.
FISCAL EFFECTS: None established at this time.
ALTERNATIVES: Alternatives for Commission action have been identified for consideration
and discussion with Staff and include:
1. Direct staff to draft regulations for mobile food vending as recommended by the working
group;
2. Direct staff to draft regulations for mobile food vending with modifications to the
recommendations; or,
3. Continue to investigate the issues with specific direction to Staff to supply additional
information.
Attachments:
November 21, 2011 Commission Memorandum
Report compiled on: June 14, 2012
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
Tim McHarg, Planning Director
Brit Fontenot, Economic Development Director
SUBJECT: Discuss Process to Identify Alternatives for Mobile Food Vendors and
Temporary Uses within the City
MEETING DATE: Monday, November 21, 2011
AGENDA ITEM TYPE: Policy Discussion Item
RECOMMENDATION: Staff recommends that the City Commission consider issues relating
to temporary uses and mobile food vendor operations and give direction to staff:
To convene a community wide stakeholders group to assess mobile food vendors and temporary
uses including the potential for additional on-street regulations and a recommendation for a
permitting process for off-street mobile food vendors and temporary uses on specific sites.
BACKGROUND: The presence of mobile vending trucks, especially food vending trucks, has
increased in recent years. This past summer, some business and property owners in downtown
Bozeman complained that these trucks block visibility to their stores, disturb the business
environment ( generator noise, garbage, and lines blocking the sidewalk), and create unfair
competition. This memo presents issues related to mobile food vendors operating on public
streets and on private property, and offers options for the Commission to consider in developing
a mobile vending truck policy. The focus of the report is on food vending trucks, although retail
vending trucks would be subject to many of the same considerations. The trend of mobile retail
pop up” stores is also gaining traction nationally. This concept includes “ constructing” a
temporary retail space within another permanent venue or placing a shipping container modified
into a portable retail store onto a vacant site. Staff recommends that the Commission consider all
temporary and mobile uses as it works to develop a policy and regulations to add these new
emerging uses into the City’ s regulatory framework.
Traditional food vending trucks have operated in this country for decades, servicing locations
such as construction sites and factories where access to traditional restaurants is limited. These
mobile food trucks are better known for offering simple fare, and for staking out a single, visible
location where they may do business for an entire workday. As growth in the manufacturing
sector has declined, fewer truck operators are making multiple short stops, as was the practice 30
or 40 years ago.
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Food vending trucks offering a range of dining choices are a relatively new phenomenon whose
popularity has spread across the United States. These newcomers are a distinct branch of the
traditional food vending trucks. These vehicles are highly visible mobile kitchens that offer a
broad range of innovative dining choices. Typically, food trucks park in popular commercial
areas for varying lengths of time, then travel to a new location, often communicating the new
destination to their customers through Twitter and other social media outlets.
There are several types of food vending vehicles including:
a. Push carts are non-motorized and may operate on sidewalks;
b. Trailers are non-motorized and are commonly towed behind vehicles;
c. Mini-trucks are small motorized trucks large enough for one or two people to operate with
on-board power or refrigeration; and
d. Food trucks are large, motorized trucks, considered a kitchen on wheels with on-board
power, a refrigeration unit, and are large enough for three to four people to operate.
Mobile Food Vendor Regulations
Mobile push carts that commonly operate on sidewalks are managed today in the Downtown
District by the encroachment permitting program administered by the Department of Public
Works. While these uses are not the focus of this report, the City may consider updating these
regulations if a more holistic approach is taken towards all mobile and temporary uses.
Mobile vendors that operate on public streets within the City are governed by both State and
local law. Title 61 of the Montana Code Annotated (MCA) “Motor Vehicles” and Chapter 36 of
the Unified Development Code UDC) contain broad-based vehicle regulations, such as no
parking zones, vehicle size and parking time limits, parking space, and preferential parking
restrictions, which apply to all vehicles. All mobile vendors operating on City streets must
comply with these generally applicable regulations. Any failure to comply with these restrictions
may result in a parking citation.
The MCA grants local governments’ significant authority to impose generally applicable parking
regulations on public streets. The City is therefore authorized to impose additional parking
regulations that affect all vehicles equally. However, it’s unclear if the MCA limits local
governments’ ability to specifically regulate mobile food or non-food vendors on public streets
unless there is a public safety concern. In other states courts have struck down mobile vending
regulations enacted by municipalities that rely on other justifications, such as the need to protect
local brick-and-mortar businesses from mobile competition.
With respect to mobile food vendors, the Gallatin County Public Health regulations provide
additional restrictions governing the vending of edible items. These regulations are required to
be followed by anyone serving food to the public.
Mobile vendors operating on City streets are also required to comply with Chapter 12 of the
UDC, which states that these vendors must obtain a business license in order to operate within
the City limits.
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Mobile vendors operating on private property, off the public streets, would be subject to the
Unified Development Code, Bozeman’s subdivision and zoning ordinance. The regulations that
apply to mobile food vendors depend on how the vendor uses the property. Different regulations
would apply if the vendor was parking in an existing parking lot or if the vendor was using a
vacant site. How the regulations are applied is also dependent on the duration of the vending use
on site and whether the site is conforming to applicable UDC standards. If the use is of a short
duration and not according to a set pattern, the use would be considered accessory, with no
regulations applying. If the use were to occur on a more permanent basis, with longer serving
hours the regulations that apply to more permanent primary land uses may apply, including
bringing the site into conformance with applicable UDC standards.
Mobile Food Vending on Public Streets and Community Concerns
Over the summer of 2011 City staff received complaints regarding mobile food vending trucks
parking on and off the streets in the downtown central business district. The nature of the
complaints voiced by businesses regarding mobile food trucks are similar to those heard in other
communities around the country where mobile food trucks frequent popular areas with well-
established brick-and-mortar businesses. The concerns raised by Bozeman business
organizations generally fall within the following categories: public safety, community impacts,
and economic impacts:
Public safety concerns have been raised about drivers making illegal maneuvers to access
vending trucks and pedestrians walking into the streets to avoid food-truck customers who are
blocking the adjacent sidewalks. Another safety concern is that parked vending trucks may
obstruct law enforcement officers’ viewsintoareabusinesses.
On Main Street, problems have been reported when patrons congregate around food trucks after
the bars close at 2:00 am. Businesses report an increase in loud noise, fights and other malicious
behavior as bar patrons congregate around food trucks.
Community impact concerns focus on security, trash collection, and general public nuisance
concerns such as odors permeating the surrounding area, noise created by generators, limited
access to restroom facilities for both employees and patrons, ADA accessibility, and proximity
and respect for the nearby community.
The economic impact concerns include competition with established restaurants as a result of the
lower prices that vending trucks can charge because they do not have the same overhead as
brick-and-mortar restaurants ( i.e., rent or impact fees). Mobile vending trucks may also occupy
scarce on-street public parking for long periods of time.
Off-Street Food Vending Operations
The issues associated with off street food vending issues can also include the same impacts
associated with public safety, community impact, and economic impact identified for on street
vending uses. In addition, many off street vending operations can run contrary to Bozeman’ s
zoning ordinance. For example, trucks parked within established parking areas for an existing
business can take up required parking spaces for that business. Customers coming to that truck
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directed by a social media outlet could also take up additional parking spaces for that business
and push customer parking onto the street. Often times, mobile vendors set up outdoor seating
spaces on off street property that can block pedestrian circulation and ADA accessibility. More
permanent mobile food vendors often believe that a vacant lot is a solution to those issues raised
by parking within a parking lot of existing businesses. This is often times not accurate as vacant
and underutilized parcels are often non-conforming with applicable UDC standards, such as
permanent parking area surfacing, pedestrian sidewalks, safe access, and utilities to serve a more
permanent operation.
Policy Considerations for Commission
There is an increasing demand for mobile food trucks and for on- and off-street areas where food
trucks may congregate. The following are options that the Commission may wish to consider in
developing policies surrounding on- and off-street vending truck activities.
On-Street Vending Trucks
On-street vending trucks, especially food vending trucks, respond to customers who want lower
cost, grab-and-go, informal dining. However, public safety concerns may warrant closer
management of where mobile vending trucks park in particular areas of the City. Additional
changes, potentially requiring the amendment of State law, could allow the City to further
regulate where mobile vendors can operate. To better manage the locations of on-street parking
available to mobile vending trucks, where warranted, the following options, among others, are
available:
a. Create no-parking zones, reduce parking space size, and restrict time limits to prevent
parking by any vehicle, including mobile vending trucks, in areas where parking is
unsafe. For example, on streets in the Downtown Core parking regulations do not allow
parking from 2 am to 7 am. The Police Department could be empowered to more rigorously
enforce this requirement.
b. Explore the adoption of a graduated parking citation system, which could allow the citation
of vehicles parked in violation of posted regulations more than once per day at an ever
increasing fine per offense. A graduated parking citation fine system for multiple citations
could be applicable to all motorists and could eventually provide a disincentive to some
repeat offenders, including those who may not be mobile vendors; and
c. Research the MCA to determine if it needs to be amended to allow cities the authority to
govern locations, time and duration of on-street vending operations.
Off-Street Vending Trucks
Off-street food vending programs have been well received in such diverse and populous cities as
Seattle, Portland and Cincinnati, where they attract customers to underserved areas, create “ eyes
and ears” on the street, and provide entrepreneurial opportunities for start-up businesses on
private property.
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In Bozeman, off-street vending can occur on private and public property. If the Commission is
supportive of allowing off-street vending trucks and moving forward with creating a permitting
process, the following options, among others, are available:
a. Food vs. Retail Vending Trucks: Special permits for off-street vending could be limited to
food vending trucks to prevent the proliferation of retail vending trucks;
b. Permitting: Staff could return with options for permitting off-street mobile vending
operations, including administrative processes using a Use Permit, or through a discretionary
process such as a Special Use Permit. Any permitting mechanism used would include
special conditions or standards;
c. Appropriate Area: Staff could return to Commission with recommendations related to
locating off-street mobile food vending operations in specific zone districts, in areas of the
City that are underserved or have few amenities, or only on specific sites;
d. Business License Fees, Permits and Special Assessments; and
e. Conditions: Conditions that could be considered in the granting of a permit for off-street
food vending would need to be site-specific and could address the following: number of
trucks and patron capacity, signage, noise, parking, provision of parking, restrooms, and
other amenities, lighting, security, ADA accessibility, and frequency of the event.
f. Public parking lot: Staff would consider allowing vendors to utilize a public parking lot
after 6 p.m., giving each vendor equal opportunity and visibility.
Other Temporary Uses
Staff has received inquiries regarding more permanent temporary uses such as shipping
containers outfitted as seasonal retail uses or sales offices. These shipping containers create
some of the same concerns as mobile food vendors. Nationally the trend toward more transient
uses and structures is pervasive. The City has long had regulations for the drive up coffee
convenience uses commonly known as “ java huts.” These are permitted through a special
temporary use permit process and special standards for those specific uses. Staff has received
inquiries to turn these huts into businesses where the primary product would be food cooked off
site rather than coffee. The code does not have a framework for these more temporary uses and
staff recommends that these other uses be considered as a subset of the framework for mobile
food vendors as there are many crossover issues. One option to consider could include
developing an accessory use process to permit these types of quasi-permanent uses on sites that
are conforming to applicable UDC standards.
Stakeholder group
Staff recommends that the City convene a community wide stakeholders group to assess mobile
food vendors and temporary uses including the potential for additional on-street regulations and
a recommendation for a permitting process for off-street mobile food vendors and temporary
uses on specific sites. The stakeholders group is proposed to consist of a large contingent of
interested parties in these issues. Representatives of the following groups would be anticipated
on any stakeholder group: Downtown Business Association, Mobile Food Vendors, city staff,
Bozeman Parking Commission, City/County Health Department staff, Bozeman School District
7, Montana State University, large retail property owners ( Gallatin Valley Mall, Stoneridge
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Square, Bridger Peaks Town Center, etc.), Bozeman Deaconess Hospital, and any other
identified interested organization.
UNRESOLVED ISSUES: These issues will be identified as the scope of this project is defined
by the Commission.
FISCAL EFFECTS: None established at this time.
ALTERNATIVES: Alternatives for Commission action have been identified for consideration
and discussion with Staff and include:
Convene a community wide stakeholders group to assess mobile food vendors and temporary
uses including the potential for additional on-street regulations and a recommendation for a
permitting process for off-street mobile food vendors and temporary uses on specific sites.
Attachments: A. Other Community Approaches to Mobile Food Vending
Report compiled on: November 17, 2011
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ATTACHMENT A
Other Community Approaches to Mobile Food Vending
Seattle, Washington – The City of Seattle encourages mobile food vending, especially
in their Center City/Downtown urban centers. The benefits that are cited by offering
low-cost, culturally diverse foods for people on the go, is that they typically complement
rather than compete – with sit down restaurants and give people more reasons to
frequent local shopping districts. Other benefits include mobile food vendors bring a
festive, pedestrian-friendly oriented feel to the area that thereby improves public
safety. The city is considering revising its policies to encourage mobile food vending in
the right-of-way such as eliminating the 200-foot setback for parks and identifying
locations where mobile vending would be permitted during certain days and times.
Portland, Oregon – The City of Portland, which is known for its vibrant street food
scene, partnered with a consultant to guide its policy on mobile food vending. The
consultant studied Portland’ s growing food cart industry to determine if carts are a
possible avenue for furthering the city’s objectives for neighborhood livability and
community economic development. The consultant’ s report indicated that food carts
have significant community benefits to neighborhood livability by fostering social
interactions, walkability, and by providing interim uses for vacant parcels. Another key
finding of the report was that 58% of business owners in downtown Portland found that
food vendors increased foot traffic, and 66% of business owners citywide had a positive
perception of food vendors.
New York City – In October 2010 the former privately owned restaurant, Tavern on
the Green, became a public visitors’ center run by the New York City Department of
Parks and Recreation. The iconic restaurant building is located in New York City’ s
Central Park and the city in an attempt to continue providing high-quality food to the
public began a program allowing four food trucks to vend from the site. An outdoor
terrace with tables and chairs is available for diners to eat the food they buy from the
trucks. The food trucks pay rent to the City and the vending contracts are for one year
with an option for a second year. One mobile food vendor reportedly is paying the city
100,000 for a one-year license. The vendors can apply to the state for a mobile liquor
license so that they may sell liquor from the trucks. Park officials say alcohol has been
sold successfully in other parts of the park without incident such as the Ballfields Café on
the north side of the Heckscher Ballfields, the Mineral Springs Café and the
Boathouse. Drinking will only be allowed in the terrace area, trucks will leave by 10pm
and no music will be allowed.
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Denver, Colorado – By December 2010, more than 150 mobile food vendors had
been licensed in Denver, Colorado. The City is in the process of creating a Food Truck
Guide, a document which pulls together all of the existing regulations affecting the
mobile food industry in a clear and concise format.
Civic Center Eats had been a summer 2010 event that occurred on Tuesdays in Civic
Center Park. The Civic Center Conservancy, a 501(c)(3) non-profit organization has a
permit with the City to create an outdoor food court in Civic Center Park on
Tuesdays. As a means to activate Civic Center and generate revenues to support the
Park, the City had contractually granted the Conservancy with the ability to create an
outdoor food court using mobile food vendors. The City amended its agreement with the
Conservancy to allow up to four mobile vendors into Civic Center Park on days that the
Park is not otherwise permitted for events. The Conservancy is an organization that is
focused on helping the City and County of Denver restore, enhance and activate
Downtown Denver’ s historic Civic Center Park.
Washington, D.C – While in most cities the main opposition to mobile vending trucks
may be the brick-and-mortar businesses, in the District, however, there is more of a
hierarchy; the area’ s inline businesses as well as the old-school street carts and the depot
owners who represent them all oppose mobile vending. The arguments against mobile
vending include: ( 1) the concept of allowing commercial activity at a parking meter is
inconsistent with public policy that parking meters are for customers, not commercial
activity or employees; ( 2) allowing commercial activity at parking meters which are not
appropriate locations, directly competes with the business needs of the traditional inline
businesses; ( 3) unfair disparity in sales tax rates – inline businesses pay a percentage on
sales while trucks pay a flat $1,500 annually; and (4) although roadway vending is legal
under the ice-cream truck law, the city is violating its own law, the Vending Regulation
Act of 2009 which says that no vending shall be allowed from a sidewalk, roadway or
other public space unless the person holds a vending site permit.
In June 2010, the District of Columbia Department of Consumer and Regulatory Affairs
DCRA) released proposed vending regulations which govern vendor operations,
designates sidewalk, roadway, and area vending locations. The regulations also provides
for the creation of vending development zones and vending within the boundaries of
licensed special events.
Cincinnati – Wanting to join the national mobile food movement, the city of
Cincinnati evaluated its ordinances and realized that mobile food vendors are only
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permitted to operate in the city’s central business district (CBD) by paying for a private
parking lot, which is expensive and not always available. The city discovered that mobile
food vendors pay from $7 to $15 per day to park in private lots. The City proposed
creating a CBD mobile food vending permit that would allow vendors access to three
designated areas in the CBD to vend. Permits for the public locations cost $ 400-$800
depending on location and size of the vendor’ s operation. The City created a one-year
Mobile Food Vendor Pilot Program to access consumer demand that began on June 28,
2010 and runs until June 27, 2011. In October 2010, a review of the program showed
that the public enjoyed the mobile food vendors and thought the program was good for
the area. Overall business owner feedback was also positive because it brought more
people to the area and sparked excitement. One complaint from a law firm said that the
mobile food vending program eliminated parking spots for their clients.
Atlanta Street Food Feasibility Study – The study was conducted by a team of three
graduate students in the School of City and Regional Planning at the Georgia Institute of
Technology. The Atlanta Street Food Coalition partnered with Central Atlanta Progress
and Lanier Parking Solutions to support the Study. The Study is organized into four
sections: Policy; Urban Design; Economic Impact, and; Food Environment. The Study
promotes street food as a viable business model and a contributor to the viability of city
streets and public space.
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Kukulski, City Manager
Wendy Thomas, Community Development Director
SUBJECT: Recommended Policies for Mobile Vendors
MEETING DATE: July 11, 2016
AGENDA ITEM TYPE: Action Item – Policy Discussion and Direction
RECOMMENDATION: The Commission review the recommendations, gather additional public
input, and provide direction to Staff regarding whether the Commission would like to proceed
forward with ordinances to implement the recommendations.
BACKGROUND: Stakeholders have been engaged in discussions regarding food trucks and
mobile vending for five years. Discussions with the City Commission were held in 2011 and 2012.
After the initial meetings, staff convened community wide stakeholder meetings. Such meetings
have continued each year since as stakeholders sought to model other communities where mobile
vending has successfully co-existed with brick and mortar stores/restaurants. Most recently, the
mobile vendors worked with the Parking Commission to find space where they could park on
public right of way that did not result in placement of their units directly in front of a storefront.
In addition, a majority of the mobile vendors committed to abiding by mutually agreed upon
standards of operation. Finally, the mobile vendors have worked with a private property owner to
host events such as Food Truck Friday, on Babcock Street at the Architects Wife.
Discussions regarding mobile vending center around “equity” regarding competitive fairness
issues with brick and mortar establishments and the general limitations of mobile venders such as
the requirements for a commissary, weather, lack of seating, inability to serve alcohol, parking
regulations, and the limited supply of on street parking. Representatives of the Downtown
Partnership have shared concerns about inequality in cost sharing for downtown services provided
through the partnership. The Downtown Partnership, through funds paid by members, provides
enhanced amenities downtown such as flower baskets, trash removal, side walk clean up and snow
removal. Members have expressed concerns that mobile vendors generate additional demands on
services without contributing financially to support those services used by their clients. Many
mobile vendors focus their efforts on late night vending catering to customers coming and going
from the many bars downtown and more event based opportunities such as festivals, private
catering, collaborations with other businesses (particularly breweries), and farmer’s markets.
Mobile vending has occurred in some cities for many years. New York has documentation of food
carts on the street as early as 1825. In addition, food carts and mobile vendors are often seen by
urban designers as a key part of the vitality of a street. In Urban Code, 100 Lessons for
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Understanding the City, authors Anne Mikoleit and Moritz Purckhauer cite street vendors as a
complement to the surround selection of shops. They recognize that there may be situations where
there is competition between the mobile vendor and the store, but often the goods sold on the street
are of a different nature or quality than those sold in the store thereby catering to a different
clientele.
Exiting Requirements for Permits or Approvals:
Sidewalk vending carts are required by code to get an encroachment permit if they want to be on
a downtown sidewalk. They fall under the Downtown Sidewalk Encroachment Permit Program.
They complete the same permit application as someone with a sandwich board sign (technically
it’s called a Downtown Sidewalk Encroachment Revocable Permit – Non-Substantial
Encroachment). A signed and notarized application including a sketch showing the cart on the
sidewalk (dimensioned to include other encroachments), as well as a valid business license,
insurance certificate naming the City and State as additional insured, a health certificate from the
County Health Department and a letter of support from the owner of the business they are setting
up in front of. If their approved location is within blocks that will be closed for an event (Music
on Main, Bite of Bozeman, etc.), they are not authorized to set up during those events without
registering with the organizer of the event. They are notified of that when they apply for their
permit.
Mobile Food Trucks are required to have a city business license and a permit from the Health
Department. Food trucks must comply with the parking restrictions/regulations.
Local Government Best Practices for Mobile Vending:
Best practice research has shown that there are many common elements in mobile vending
regulations. Regulations for vending should address the following:
1. Parking Regulations: Mobile vendors should be subject to the base parking regulations within
the City (e.g. 2 hour time limits, loading zones, ADA parking, site vision triangles, etc.).
2. Signage: Signage must be permanently affixed to the mobile food vehicle. Signs can’t block
pedestrian facilities or the right of way and must be flush with the vehicle. Vehicles must
provide one fixed area for menu display. No banners or flags or signs can block right-of-way
or extend above vehicle. No awnings are permitted in the right-of-way.
3. Noise: Generators and Music:
a. Regulations should limit wattage size and provide dimensional and performance
standards for an enclosure for generators that would be attached to the vehicle.
b. No amplified music should be permitted in conjunction with the vehicle.
c. Idling of the vehicle should be prohibited during service of food.
4. Outdoor Seating: Tables and chairs should not be allowed. No other encroachments into the
right-of-way, including the sidewalk, should be permitted.
5. Setbacks from Other Land Uses: Minimum setbacks or distance requirements from schools.
6. Garbage: Attached trash receptacle on the vehicle should be required. Clean up of sidewalk
and immediate area should be required prior to leaving the site.
439 279
3
7. Lighting: All lighting associated with vehicles should be subject to full cut off requirements
and glare and nuisance provisions.
8. Hours of Operation: No operation between 2 AM and 6 AM.
9. Permitted Use Zone District: Exclude operation in residential zone districts, except mobile
vending ice cream trucks unless vendor is specifically contracted to operate as part of a
neighborhood or community event.
10. Location on Right of Way: Mobile units may only be located on local streets.
11. Private Property:
a. The site must have surfacing that is consistent with current code or be legal
nonconforming. Gravel lots were not recommended in any circumstance.
b. Written permission of the property owner is needed and is kept with the mobile unit.
12. No drive through windows.
There are two elements that are not included in the best practice list that have often been discussed
in stakeholder meetings: fees for licenses and separation requirements from “brick and mortar”
stores selling like items (food or goods). Separation requirements have been challenged in court
in several states, including Maryland, Illinois and Texas, alleging the separation requirement bars
entrepreneurs from competing for business. The court challenges have resulted in communities
removing the distance separation in mobile vending ordinances. Based on research into these
decisions, staff is recommending that a best practice ordinance would not include distance
separation provision. The issue of fees for mobile vending licenses should be based on the cost
for service for issuing and monitoring compliance with the business. These fees would not include
fees that are often discussed by stakeholders regarding beautification and upkeep of the downtown.
It is important to recognize that as more entrepreneurs become mobile vendors, the applicable
regulations are effective citywide and not just in downtown. With potential revitalization efforts
in Midtown, food trucks will likely be broadening their noticeable service area in the future.
Next Steps
The provided recommendations are general and would need to be developed further by Staff prior
to the crafting of an ordinance. This would include determining where in the code to make the
appropriate changes, writing code language based upon best practices and the structure already
established in the Bozeman Municipal Code and finally, legal review. If the Commission
determines to move forward with an ordinance, it is recommended that there be the opportunity
for stakeholder engagement.
FISCAL EFFECTS: None established at this time.
ALTERNATIVES: Alternatives for Commission action have been identified for consideration
and discussion with Staff and include:
1. Direct staff to draft regulations for mobile vending;
440 280
4
2. Direct staff to draft regulations for mobile vending with modifications to the recommendations;
or,
3. Continue to investigate the issues with specific direction to Staff to supply additional
information.
Report compiled on: June 26, 2016
441 281
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Kukulski, City Manager
SUBJECT: Recommended Policies for Mobile Vendors
MEETING DATE: August 1st
, 2016
AGENDA ITEM TYPE: Action
RECOMMENDATION: The Commission continue the discussion started at the July 11th
City Commission Meeting.
BACKGROUND: Attached is the Commission Memorandum from the July 11th
City
Commission meeting, detailing mobile vending background, current permit requirements, and
research on local government best practices.
I’ve also attached four documents that were used during a Chamber-sponsored meeting with
mobile vendors on Thursday, July 27th
.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: None established at this time.
Attachments:
Commission Memo from July 11th
CC Meeting
Mobile Vending Discussion Topics
Map: Mobile Vending-City
Map: Mobile Vending-Downtown
Map: Mobile Vending-Midtown
Report compiled on: July 26, 2016
152 282
1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Kukulski, City Manager
Wendy Thomas, Community Development Director
SUBJECT: Recommended Policies for Mobile Vendors
MEETING DATE: July 11, 2016
AGENDA ITEM TYPE: Action Item – Policy Discussion and Direction
RECOMMENDATION: The Commission review the recommendations, gather additional public
input, and provide direction to Staff regarding whether the Commission would like to proceed
forward with ordinances to implement the recommendations.
BACKGROUND: Stakeholders have been engaged in discussions regarding food trucks and
mobile vending for five years. Discussions with the City Commission were held in 2011 and 2012.
After the initial meetings, staff convened community wide stakeholder meetings. Such meetings
have continued each year since as stakeholders sought to model other communities where mobile
vending has successfully co-existed with brick and mortar stores/restaurants. Most recently, the
mobile vendors worked with the Parking Commission to find space where they could park on
public right of way that did not result in placement of their units directly in front of a storefront.
In addition, a majority of the mobile vendors committed to abiding by mutually agreed upon
standards of operation. Finally, the mobile vendors have worked with a private property owner to
host events such as Food Truck Friday, on Babcock Street at the Architects Wife.
Discussions regarding mobile vending center around “equity” regarding competitive fairness
issues with brick and mortar establishments and the general limitations of mobile venders such as
the requirements for a commissary, weather, lack of seating, inability to serve alcohol, parking
regulations, and the limited supply of on street parking. Representatives of the Downtown
Partnership have shared concerns about inequality in cost sharing for downtown services provided
through the partnership. The Downtown Partnership, through funds paid by members, provides
enhanced amenities downtown such as flower baskets, trash removal, side walk clean up and snow
removal. Members have expressed concerns that mobile vendors generate additional demands on
services without contributing financially to support those services used by their clients. Many
mobile vendors focus their efforts on late night vending catering to customers coming and going
from the many bars downtown and more event based opportunities such as festivals, private
catering, collaborations with other businesses (particularly breweries), and farmer’s markets.
Mobile vending has occurred in some cities for many years. New York has documentation of food
carts on the street as early as 1825. In addition, food carts and mobile vendors are often seen by
urban designers as a key part of the vitality of a street. In Urban Code, 100 Lessons for
438 153 283
2
Understanding the City, authors Anne Mikoleit and Moritz Purckhauer cite street vendors as a
complement to the surround selection of shops. They recognize that there may be situations where
there is competition between the mobile vendor and the store, but often the goods sold on the street
are of a different nature or quality than those sold in the store thereby catering to a different
clientele.
Exiting Requirements for Permits or Approvals:
Sidewalk vending carts are required by code to get an encroachment permit if they want to be on
a downtown sidewalk. They fall under the Downtown Sidewalk Encroachment Permit Program.
They complete the same permit application as someone with a sandwich board sign (technically
it’s called a Downtown Sidewalk Encroachment Revocable Permit – Non-Substantial
Encroachment). A signed and notarized application including a sketch showing the cart on the
sidewalk (dimensioned to include other encroachments), as well as a valid business license,
insurance certificate naming the City and State as additional insured, a health certificate from the
County Health Department and a letter of support from the owner of the business they are setting
up in front of. If their approved location is within blocks that will be closed for an event (Music
on Main, Bite of Bozeman, etc.), they are not authorized to set up during those events without
registering with the organizer of the event. They are notified of that when they apply for their
permit.
Mobile Food Trucks are required to have a city business license and a permit from the Health
Department. Food trucks must comply with the parking restrictions/regulations.
Local Government Best Practices for Mobile Vending:
Best practice research has shown that there are many common elements in mobile vending
regulations. Regulations for vending should address the following:
1. Parking Regulations: Mobile vendors should be subject to the base parking regulations within
the City (e.g. 2 hour time limits, loading zones, ADA parking, site vision triangles, etc.).
2. Signage: Signage must be permanently affixed to the mobile food vehicle. Signs can’t block
pedestrian facilities or the right of way and must be flush with the vehicle. Vehicles must
provide one fixed area for menu display. No banners or flags or signs can block right-of-way
or extend above vehicle. No awnings are permitted in the right-of-way.
3. Noise: Generators and Music:
a. Regulations should limit wattage size and provide dimensional and performance
standards for an enclosure for generators that would be attached to the vehicle.
b. No amplified music should be permitted in conjunction with the vehicle.
c. Idling of the vehicle should be prohibited during service of food.
4. Outdoor Seating: Tables and chairs should not be allowed. No other encroachments into the
right-of-way, including the sidewalk, should be permitted.
5. Setbacks from Other Land Uses: Minimum setbacks or distance requirements from schools.
6. Garbage: Attached trash receptacle on the vehicle should be required. Clean up of sidewalk
and immediate area should be required prior to leaving the site.
439 154 284
3
7. Lighting: All lighting associated with vehicles should be subject to full cut off requirements
and glare and nuisance provisions.
8. Hours of Operation: No operation between 2 AM and 6 AM.
9. Permitted Use Zone District: Exclude operation in residential zone districts, except mobile
vending ice cream trucks unless vendor is specifically contracted to operate as part of a
neighborhood or community event.
10. Location on Right of Way: Mobile units may only be located on local streets.
11. Private Property:
a. The site must have surfacing that is consistent with current code or be legal
nonconforming. Gravel lots were not recommended in any circumstance.
b. Written permission of the property owner is needed and is kept with the mobile unit.
12. No drive through windows.
There are two elements that are not included in the best practice list that have often been discussed
in stakeholder meetings: fees for licenses and separation requirements from “brick and mortar”
stores selling like items (food or goods). Separation requirements have been challenged in court
in several states, including Maryland, Illinois and Texas, alleging the separation requirement bars
entrepreneurs from competing for business. The court challenges have resulted in communities
removing the distance separation in mobile vending ordinances. Based on research into these
decisions, staff is recommending that a best practice ordinance would not include distance
separation provision. The issue of fees for mobile vending licenses should be based on the cost
for service for issuing and monitoring compliance with the business. These fees would not include
fees that are often discussed by stakeholders regarding beautification and upkeep of the downtown.
It is important to recognize that as more entrepreneurs become mobile vendors, the applicable
regulations are effective citywide and not just in downtown. With potential revitalization efforts
in Midtown, food trucks will likely be broadening their noticeable service area in the future.
Next Steps
The provided recommendations are general and would need to be developed further by Staff prior
to the crafting of an ordinance. This would include determining where in the code to make the
appropriate changes, writing code language based upon best practices and the structure already
established in the Bozeman Municipal Code and finally, legal review. If the Commission
determines to move forward with an ordinance, it is recommended that there be the opportunity
for stakeholder engagement.
FISCAL EFFECTS: None established at this time.
ALTERNATIVES: Alternatives for Commission action have been identified for consideration
and discussion with Staff and include:
1. Direct staff to draft regulations for mobile vending;
440 155 285
4
2. Direct staff to draft regulations for mobile vending with modifications to the recommendations;
or,
3. Continue to investigate the issues with specific direction to Staff to supply additional
information.
Report compiled on: June 26, 2016
441 156 286
MOBILE VENDING DISCUSSION POINTS
Best practice research has shown that there are many common elements in mobile vending
regulations. Regulations for vending should address the following:
1. Mobile vending is: trucks, carts and trailers that sell goods.
2. Parking Regulations: Mobile vendors should be subject to the base parking regulations within
the City (e.g. 2 hours time limits, loading zones, ADA parking, site vision triangles, etc.).
3. Location on Right of Way: Mobile units may only be located on local streets, except for Main
Street where units are permitted from 9 PM to 2:30 AM.
4. Signage: Signage must be permanently affixed to the mobile food vehicle. Signs can’t block
pedestrian facilities or the right of way and must be flush with the vehicle. Vehicles must
provide one fixed area for menu display. No banners or flags or signs can block right-of-way
or extend above vehicle.
5. Noise: Generators and Music:
a. No amplified music should be permitted in conjunction with the vehicle.
b. Idling of the vehicle should be prohibited during service of food.
6. Outdoor Seating: Generally, tables and chairs should not be allowed. No other encroachments
into the right-of-way, including the sidewalk, should be permitted. Exceptions may be allowed
for special events (example: festival along Aspen St).
7. Setbacks from Other Land Uses: Minimum setbacks or distance requirements from schools.
8. Garbage: Attached trash receptacle on the vehicle should be required. Clean up of sidewalk
and immediate area should be required prior to leaving the site.
9. Lighting: All lighting associated with vehicles should be subject to full cut off requirements
and glare and nuisance provisions.
10. Hours of Operation:
a. Generally, city wide, authorized hours of operation are 6 AM to 10 PM.
b. In B-3 zone district, authorized hours of operation on approved rights of way, are 6AM
to 2:30 AM
c. On Main Street, authorized hours of operation are 9 PM to 2:30 AM
11. Permitted Use Zone District: Exclude operation in residential zone districts, except mobile
vending ice cream trucks unless vendor is specifically contracted to operate as part of a
neighborhood or community event.
12. Parks: Per existing city code, commercial activities in parks require a separate permit.
13. Approved business license from City of Bozeman and City County Health Department. Permit
fee and inspections. Proof of general liability insurance is required when operating on a public
right of way.
a. Cost consistent with basic business license, currently $25.
14. Private Property:
a. The site must have surfacing that is consistent with current code or be legal
nonconforming.
b. Written permission of the property owner is needed and is kept with the mobile unit.
15. No selling to vehicles on the public right of way.
16. No selling of certain items such as alcohol, tobacco, obscene materials, etc.
157 287
S 19TH AVE
INTERSTATE 90 HWY FRONTAGE RD
DURSTON RD
COTTONWOOD RD
W MAIN ST
STUCKY RD
BAXTER LN
W OAK ST
N 7TH AVE
DAVIS LN
S
3
R
D
A
V
E
N
19
T
H
A
V
E
W
CO
L
LE
G
E
S
T
W BABCOCK ST
S 11TH AVE
SO
U
R
D
O
UGH
R
D
E
M
A
I
N
S
T
E
V
A
LL
E
Y CENTE
R RD
W KAGY BLVD
N ROUSE AVE
HUFFINE LN
BRIDGER DR
L ST
ENHALL ST
ST
N 4TH AVE
N 5TH AVE
N GRAND AVE
N WILLSON AVE
N MONTANA AVE
E LAMME ST
N TRACY AVE
N BLACK AVE
N BOZEMAN AVE
E MAIN ST
E SHORT ST
E LAMME ST
DAVIS ST
N WAL
FRIDLEY ST
N CH
N ROUSE AVE
PERKINS PL
E MENDENHALL ST
E VILLARD ST
ME ST
N 3RD AVE
E BEALL ST
S WALLACE AVE
S ROUSE AVE
E CURTISS ST
HURCH AVE
AVE
E KOCH ST
LINDLEY PL
S BOZEMAN AVE
AVE
E CURTISS ST
E OLIVE ST
E BABCOCK ST
W CURTISS ST
W OLIVE ST
Legend
All Roads
Available for Mobile Vending
Downtown
¤
Revised: 6/29/2016
This map Citythe was of Bozeman created by
IntendedDepartment GIS for Planning purposes only.
0 125 250 500 Feet
Bozeman Mobile Vending
Downtown
159
289
CHEQUAMEGON
VILLAGE RD
N 15
N 9TH AVE
ROYAL CT
W BIRCH ST
N 8TH AVE
HEMLOCK ST
NIPER ST
JESSIE WAY
ROY ST
MATHESON WAY
MAE ST
DURSTON RD
N 15TH AVE
N 15TH AVE
N 14TH AVE
N 15TH AVE
N 9TH AVE
N 10TH AVE
N 8TH AVE
W VILLARD ST
N 7TH AVE
W JUNIPER ST
IVAN AVE
N 5TH AVE
W ASPEN ST
W BEALL ST
W MENDENHALL ST
W MAIN ST
N 4TH AVE
N 5TH AVE
N 6TH AVE
W SHORT
N GRAND AVE
N 3RD AVE
W TAMARACK ST
N 14
N 12TH AVE
MANZANITA DR
CRABAPPLE DR
OAK PARK DR
JUNIPER ST
W LAMME ST
N 3RD AVE
W PEACH ST
W OLIVE ST
W BABCOCK ST
PIONEER DR
N 11TH AVE
CK ST
Legend
Available for Mobile Vending
All Roads
Midtown Revised: 6/29/2016 ¤
This map Citythe was of Bozeman created by
IntendedDepartment GIS for Planning purposes only.
0 250 500 1,000 Feet
Bozeman Mobile Vending
Midtown
Greater Bozeman Area Transportation Plan (2007 Update)
Chapter 2: Existing Conditions
Robert Peccia & Associates, Inc. / ALTA Planning + Design 2-1
2.1 INTRODUCTION
In an effort to clearly understand the existing traffic conditions, it was necessary to gather
current information about different aspects of the transportation system. Existing traffic
volume data from 2005 was used to determine weighted annual average daily traffic (AADT)
volumes on major road segments within the community. Additional traffic data was
collected during the summer/fall of 2007. The data was used to determine current
operational characteristics, and to identify any traffic problems that may exist or are likely to
occur within the foreseeable future. A variety of information was gathered to help evaluate
the system including:
Existing functional classifications & study roadways;
Existing machine traffic volume counts (2005);
Existing roadway corridor size;
Intersection turning movement counts;
Current traffic signal operation information;
Intersection data required to conduct level of service analyses;
Traffic crash records.
2.2 MOTORIZED
2.2.1 Existing Functional Classifications & Study Roadways
One of the initial steps in trying to understand a community’s existing transportation system
is to first identify what roadways will be evaluated as part of the larger planning process. A
community’s transportation system is made up of a hierarchy of roadways, with each
roadway being classified according to certain parameters. Some of these parameters are
geometric configuration, traffic volumes, spacing in the community transportation grid,
speeds, etc. It is standard practice to examine roadways that are functionally classified as a
collector, minor arterial, or principal arterial in a regional transportation plan project. These
functional classifications can be encountered in both the “urban” and “rural” setting. The
reasoning for examining the collector, minor arterial and principal arterial roadways, and not
local roadways, is that when the major roadway system (i.e. collectors or above) is
functioning to an acceptable level, then the local roadways are not used beyond their
intended function. When problems begin to occur on the major roadway system, then
vehicles and resulting issues begin to infiltrate neighborhood routes (i.e. local routes). As
such, the overall health of a regional transportation system can be typically characterized by
the health of the major roadway network. The roadways being studied under this
Transportation Plan update, along with the appropriate functional classifications, are shown
on Figure 2-1 and Figure 2-2. It should be noted that the functional classifications shown on
these figures are recommended as part of the Transportation Plan and do not reflect the
“federally approved” functional classification criteria which is based on current conditions
rather than anticipated future conditions.
291
Greater Bozeman Area Transportation Plan (2007 Update)
Chapter 2: Existing Conditions
2-2 Robert Peccia & Associates, Inc. / ALTA Planning + Design
The “Federally Approved Functional Classification” system can be seen graphically via maps
available at the Montana Department of Transportation’s (MDT’s) website at the following
addresses:
www.mdt.mt.gov/other/urban_maps/fc_internet/BOZEMANFUNC.pdf (Urban Area)
www.mdt.mt.gov/travinfo/docs/funct-classification.pdf (Statewide Area)
Roadway functional classifications within the city of Bozeman include principal arterials;
minor arterials; collector routes; and local streets. The rural areas of Gallatin County are also
served by a similar hierarchy of streets. However, due to their rural nature the volumes on
these streets are generally smaller than in urban areas. Although volumes may differ on
urban and rural sections of a street, it is important to maintain coordinated right-of-way
standards to allow for efficient operation of urban development. A description of these
classifications is provided in the following sections.
Principal Arterial System – The purpose of the principal arterial is to serve the major centers
of activity, the highest traffic volume corridors, and the longest trip distances in an urban
area. This group of roads carries a high proportion of the total traffic within the urban area.
Most of the vehicles entering and leaving the urban area, as well as most of the through
traffic bypassing the central business district, utilize principal arterials. Significant intra-area
travel, such as between central business districts and outlying residential areas, and between
major suburban centers, is served by principal arterials.
The spacing between principal arterials may vary from less than one mile in highly
developed areas (e.g., the central business district), to five miles or more on the urban
fringes.
The major purpose of the principal arterial is to provide for the expedient movement of
traffic. Service to abutting land is a secondary concern. It is desirable to restrict on-street
parking along principal arterial corridors. The speed limit on a principal arterial could range
from 25 to 70 mph depending on the area setting.
Minor Arterial Street System – The minor arterial street system interconnects with and
augments the urban principal arterial system. It accommodates trips of moderate length at a
somewhat lower level of travel mobility than principal arterials, and it distributes travel to
smaller geographic areas. With an emphasis on traffic mobility, this street network includes
all arterials not classified as principal arterials while providing access to adjacent lands.
The spacing of minor arterial streets may vary from several blocks to a half-mile in the highly
developed areas of town, to several miles in the suburban fringes. They are not normally
spaced more than one mile apart in fully developed areas.
On-street parking may be allowed on minor arterials if space is available. In many areas on-
street parking along minor arterials is prohibited during peak travel periods. Posted speed
limits on minor arterials would typically range between 25 and 55 mph, depending on the
setting.
292
Greater Bozeman Area Transportation Plan (2007 Update)
Chapter 2: Existing Conditions
Robert Peccia & Associates, Inc. / ALTA Planning + Design 2-3
Collector Street System – The urban collector street network serves a joint purpose. It
provides equal priority to the movement of traffic, and to the access of residential, business,
and industrial areas. This type of roadway differs from those of the arterial system in that
collector roadways may traverse residential neighborhoods. The collector system distributes
trips from the arterials to ultimate destinations. The collector streets also collect traffic from
local streets in the residential neighborhoods, channeling it into the arterial system. On-
street parking is usually allowed on most collector streets if space is available. Posted speed
limits on collectors typically range between 25 and 45 mph.
The rural collector street network serves the same access and movement functions as the
urban collector street network – a link between the arterial system and local access roads.
Collectors penetrate but should not have continuity through residential neighborhoods. The
actual location of collectors should be flexible to best serve developing areas and the public.
Several design guidelines should be kept in mind as new subdivisions are designed and
reviewed. The most important concept is that long segments of continuous collector streets
are not compatible with a good functional classification of streets. Long, continuous
collectors will encourage through traffic, essentially turning them into arterials. This, in turn,
results in the undesirable interface of local streets with arterials, causing safety problems and
increased costs of construction and maintenance. The collector street system should intersect
arterial streets at a uniform spacing of one-half to one-quarter mile in order to maintain good
progression on the arterial network. Ideally, collectors should be no longer than one to two
miles and should be continuous. Opportunities need to be identified through good design
and review of subdivisions to create appropriate collector streets in developing areas.
Local Street System – The local street network comprises all facilities not included in the
higher systems. Its primary purpose is to permit direct access to abutting lands and
connections to higher systems. Usually service to through-traffic movements is intentionally
discouraged. On-street parking is usually allowed on the local street system. The speed
limit on local streets is usually 25 mph.
293
(SEE FIGURE DETAIL 2-2)
Existing Functional
Classification Figure System 2-1
Greater Bozeman Area Transportation (2007 Update) Plan
Interstate Legend
Principal Arterial
Minor Arterial
Collector
Local
Detail Area
City Boundary
Urban Boundary
Study Area Boundary
Note:
The partas functional of the Transportation classifications Plan shown and do are not recommended reflect the federally
approved current conditions functional rather classification than anticipated criteria which future is conditions. based on
0 5,000 10,000
Feet
294
Classification Existing Functional System
Figure 2-2
Legend Greater Bozeman Area Transportation (2007 Update) Plan
Local
Interstate
Principal Arterial
Minor Arterial
Collector
Detail Area
Urban Boundary
City Boundary
Note:
The partas functional of the Transportation classifications Plan shown and do are not recommended reflect the federally
approved current conditions functional rather classification than anticipated criteria which future is conditions. based on
0 2,500 5,000
Feet
295
M-1
R-O R-4
R-2
R-1 R-4
R-3
R-O
R-3
PLI
R-1
R-5
HMU M-2
PLI
R-4
M-1
M-1 R-O
R-3 R-2
R-3 R-2
R-4
R-4
R-1
R-4
R-O R-4
R-4
B-3
R-3
R-O
B-2M
B-2M
M-1
B-3
B-2
ZONING WITH
B-2
PHASED ANNEXATION
PLI
PLI
R-5
R-5
R-5
R-3
E OAK ST
CHEQUAMEGON
VILLAGE RD
N 15
N 9TH AVE
ROYAL CT
W BIRCH ST
N 8TH AVE
HEMLOCK ST
BLACKMORE PL
STEVENS ST
TERRACE AVE
N 18TH AVE
N 17TH AVE
N 16TH AVE
JUNIPER ST
JESSIE WAY
ROY ST
MATHESON WAY
MAE ST
S 19TH AVE
INTERSTATE 90 HWY
DURSTON RD
STUCKY RD
W MAIN ST
COTTONWOOD RD
FRONTAGE RD
W OAK ST
N 7TH AVE
DAVIS LN
N
1
9
T
H
A
V
E
HUFFINE LN
W COLLEGE ST
W BABCOCK ST
S 11TH AVE
S
3
R
D
A
V
E
E
M
A
I
N
S
T
BAXTER LN
W KAGY BLVD
N ROUSE AVE
S
O
U
R
D
O
UG
H
R
D
BRIDGER DR
HIG
HL
A
N
D BL
V
D
OAK ST
E
K
298
Generated 11/29/2016 Page 1 of 3
1996 1998 2000 2002 2005 2008 2010 2012 2013 2014
-15.8
-15.9
-22.8 -8.2
-20.8 -5.8
-20.0 -4.9 1.0
-17.8 -2.3 3.7
-19.1 -3.9 2.0 -1.6
-19.1 -3.9 2.0 -1.6
-19.0 -3.7 2.2 -1.4 0.1
-21.7 -6.9 -1.2 -4.7 -3.2
-31.0 -18.0 -13.0 -16.1 -14.7
-29.6 -16.3 -11.2 -14.3 -13.0 2.0
-31.7 -18.8 -13.8 -16.8 -15.5 -0.9
-31.9 -19.0 -14.1 -17.1 -15.8 -1.3 -0.3
-33.6 -21.1 -16.2 -19.2 -17.9 -3.8 -2.8
-21.4 -6.6 -0.8 -4.3 -2.8 13.9 15.0 18.4
-20.6 -5.7 0.1 -3.4 -1.9 15.0 16.1 19.5 1.0
-27.7 -14.0 -8.8 -12.0 -10.6 4.8 5.8 8.9 -8.0 -8.9
Montana Department Of Transportation
AADT by Year Comparison Matrix for 1/1/1996 - 12/31/2015
District County GALLATIN Community BOZEMAN Collection Type
Year AADT 1997 1999 2001 2009 2011
1-WAY Route
Located On: BABCOCK ST, between Willson and Rouse
Location ID 16-3B-063 Roadbed ML Direction
1996 9,250
1997 7,790
1998 7,780
2004 2006 2007
2.7
2001 7,400 -5.0 3.6
-0.1
1999 7,140 -8.3
2000 7,330 -5.9
2004 7,480 -4.0 4.8 1.1
2002 7,600 -2.4 6.4 2.7
0.0
2006 7,490 -3.9 4.9 1.2 0.1
2005 7,480 -4.0 4.8 1.1
-3.2 -3.3
2008 6,380 -18.1 -10.6 -13.8 -14.7 -14.8
2007 7,240 -7.1 1.4 -2.2
-11.9
2009 6,510 -16.4 -8.8 -12.0 -13.0 -13.1 -10.1
-15.5 -15.6 -12.7 -2.9
2011 6,300 -19.1 -11.8 -14.9 -15.8 -15.9 -13.0 -3.2
2010 6,320 -18.9 -11.5 -14.6
2012 6,140 -21.2 -14.0 -17.0 -17.9 -18.0 -15.2 -5.7 -2.5
2013 7,270 -6.7 1.8 -1.8 -2.8 -2.9 0.4 11.7 15.4
2014 7,340 -5.8 2.8 -0.8 -1.9 -2.0 1.4 12.7 16.5
2015 6,688 -14.1 -6.3 -9.6 -10.6 -10.7 -7.6 2.7 6.2
299
Generated 11/29/2016 Page 2 of 3
1996 1999 2001 2003 2005 2008 2010 2012 2013 2014
-20.6
-11.8
-18.9 -8.1
-23.2 -13.0
-14.1 -2.6 11.9
-24.1 -14.0 -1.1
-30.0 -20.7 -8.9 -7.8
-30.0 -20.7 -8.9 -7.8
-29.9 -20.6 -8.7 -7.6 0.2
-32.2 -23.2 -11.7 -10.7 -3.1
-34.3 -25.5 -14.4 -13.4 -6.0
-40.2 -32.2 -22.1 -21.2 -14.5 -9.1
-36.7 -28.3 -17.6 -16.6 -9.5 -3.8
-33.5 -24.7 -13.4 -12.4 -5.0 1.1 5.0
-31.8 -22.7 -11.2 -10.1 -2.5 3.8 7.8
-29.3 -19.9 -7.9 -6.9 1.0 7.5 11.7 3.6
-30.2 -20.9 -9.1 -8.0 -0.2 6.2 10.3 2.3 -1.2
-34.1 -25.3 -14.1 -13.1 -5.7 0.3 4.2 -3.3 -6.7 -5.6
Montana Department Of Transportation
AADT by Year Comparison Matrix for 1/1/1996 - 12/31/2015
District County GALLATIN Community BOZEMAN Collection Type
Year AADT 1997 2000 2002 2009 2011
1-WAY Route
Located On: MENDENHALL ST, between Willson and Rouse
Location ID 16-3B-055 Roadbed ML Direction
1996 6,890
1997 5,470
1999 6,080
2004 2006 2007
-5.4
2002 5,920 8.2 5.9
11.2
2000 5,590 2.2
2001 5,290 -3.3
2004 4,820 -11.9 -13.8 -18.6
2003 5,230 -4.4 -6.4 -11.7
0.0
2006 4,830 -11.7 -13.6 -18.4 0.2
2005 4,820 -11.9 -13.8 -18.6
-3.1 -3.3
2008 4,530 -17.2 -19.0 -23.5 -6.0 -6.2
2007 4,670 -14.6 -16.5 -21.1
-3.0
2009 4,120 -24.7 -26.3 -30.4 -14.5 -14.7 -11.8
-9.5 -9.7 -6.6 5.8
2011 4,580 -16.3 -18.1 -22.6 -5.0 -5.2 -1.9 11.2
2010 4,360 -20.3 -22.0 -26.4
2012 4,700 -14.1 -15.9 -20.6 -2.5 -2.7 0.6 14.1 2.6
2013 4,870 -11.0 -12.9 -17.7 1.0 0.8 4.3 18.2 6.3
2014 4,810 -12.1 -14.0 -18.8 -0.2 -0.4 3.0 16.7 5.0
2015 4,543 -16.9 -18.7 -23.3 -5.7 -5.9 -2.7 10.3 -0.8
300
Generated 11/29/2016 Page 3 of 3
1996 1998 2000 2003 2005 2008 2010 2012 2013 2014
-6.0
-16.9
-13.0 4.6
-18.3 -1.8
-20.2 -4.0 -2.3
-11.5 6.4 8.3
-12.0 5.8 7.7 -0.5
-12.0 5.8 7.7 -0.5
-12.0 5.8 7.7 -0.5 0.0
-8.3 10.3 12.2 3.6 4.2
-13.1 4.5 6.4 -1.8 -1.3
-11.5 6.4 8.3 0.0 0.6 1.8
-24.4 -9.1 -7.5 -14.6 -14.1 -13.0
-24.4 -9.1 -7.5 -14.6 -14.1 -13.0 0.0
-14.7 2.6 4.4 -3.6 -3.1 -1.8 12.9
-13.5 4.1 5.9 -2.2 -1.7 -0.4 14.5 1.5
-19.5 -3.2 -1.4 -9.0 -8.5 -7.3 6.5 -5.6 -7.0
-19.8 -3.5 -1.8 -9.3 -8.8 -7.6 6.2 -5.9 -7.3 -0.3
Montana Department Of Transportation
AADT by Year Comparison Matrix for 1/1/1996 - 12/31/2015
District County GALLATIN Community BOZEMAN Collection Type
Year AADT 1997 1999 2002 2009 2011
2-WAY Route
Located On: US 191 (MAIN ST), between Willson and Rouse
Location ID 16-3B-009 Roadbed ML Direction
1996 14,410
1997 13,550
1998 11,980
2004 2006 2007
-6.1
2002 11,500 -15.1 -8.2
-11.6
1999 12,530 -7.5
2000 11,770 -13.1
2004 12,680 -6.4 1.2 10.3
2003 12,750 -5.9 1.8 10.9
0.0
2006 12,680 -6.4 1.2 10.3 0.0
2005 12,680 -6.4 1.2 10.3
4.2 4.2
2008 12,520 -7.6 -0.1 8.9 -1.3 -1.3
2007 13,210 -2.5 5.4 14.9
-5.2
2009 12,750 -5.9 1.8 10.9 0.6 0.6 -3.5
-14.1 -14.1 -17.6 -14.6
2011 10,890 -19.6 -13.1 -5.3 -14.1 -14.1 -17.6 -14.6
2010 10,890 -19.6 -13.1 -5.3
2012 12,290 -9.3 -1.9 6.9 -3.1 -3.1 -7.0 -3.6 12.9
2013 12,470 -8.0 -0.5 8.4 -1.7 -1.7 -5.6 -2.2 14.5
2014 11,600 -14.4 -7.4 0.9 -8.5 -8.5 -12.2 -9.0 6.5
2015 11,564 -14.7 -7.7 0.6 -8.8 -8.8 -12.5 -9.3 6.2
301
APPENDIX D
Technical Memorandum - Task 2: Analysis of Historical Parking Occupancy Data
302
PO Box 12546
Portland, OR 97212
Phone: (503) 459-7638
E-mail: rick@rickwilliamsconsulting.com
MEMORANDUM
TO: Thomas Thorpe, City of Bozeman
FROM: Rick Williams, RWC
Owen Ronchelli, RWC
Pete Collins
DATE: November 23, 2015
RE: Downtown Bozeman - Comprehensive Parking Study
Task 2: Analysis of Historical Parking Occupancy Data
I. BACKGROUND
Task 2 of the Downtown Bozeman Comprehensive Parking Study scope of work entails a look at
historical and recently compiled parking occupancy data for the downtown. Occupancy data was
collected by Montana State University and provided to Rick Williams Consulting (RWC). In order to
better understand the abundance of information collected, RWC has analyzed and interpreted the data
in a more understandable and useful manner. This memorandum describes the individual data sets and
the methodology used to assemble them, and presents a summary of key findings.
There are three usable parking data sets (2012, 2014, and 2015)1. Each set varies in magnitude and
breadth of geography covered. Interestingly, on-street parking utilization data was collected by
combining occupancy numbers from opposing block faces. While the data is not detailed enough to
provide distinctive occupancies block face by block face, it does provide combined occupancies from
both sides of the street. In each study, the number of blocks counted also varied from one year to the
next. It appears that the 2014 data set was the most comprehensive in the number of block faces
surveyed. It should be noted that in each of the three data samples, occupancies for Main Street were
not collected and/or reported.2
1 Data was also provided from 2010; however, the data collection methodology and the completeness of the
sample differed significantly enough to exclude it from this comparison.
2 This is a large data gap given that Main Street is the primary corridor in the downtown, and its occupancy levels
would greatly influence outcomes related to parking constraints or surpluses. In its next data collection effort, the
City should endeavor to compile a complete picture of parking occupancy and utilization on Main Street. This is a
recommendation the consultant team made in Technical Memorandum: Task 1 – Initial Summary Notes and
Considerations, (October, 30, 2015).
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Downtown Bozeman Historical Parking Data Summary
Appendix D – Page 2
II. PARKING SURVEY SAMPLE SIZE
2012: 139 on-street stalls were surveyed across 16 block faces. The study also reported parking
occupancies at 5 off-street facilities, totaling 624 stalls. Combined, the 2012 parking study
sampled 763 parking stalls. Figure A (page 3), details the block faces and off-street lots sampled
during the 2012 survey.
2014: 214 on-street stalls were surveyed across 24 block faces, a 54% increase in sample size
over the 2012 study. The data set also included parking occupancies at 5 off-street facilities,
totaling 624 stalls. Combined, the 2014 parking study sampled 838 parking stalls. Figure B (page
3), details the block faces and off-street lots sampled during the 2014 survey.
2015: Parking counts were taken in 5 off-street facilities, totaling 6223 stalls. No on-street stalls
were sampled in 2015. Figure C (page 4), details the off-street lots sampled during the 2015
survey.
Both of the on-street parking studies (2012 and 2014) included three separate counts, one in July, one in
August, and one in September. For the purposes of this analysis, these counts were averaged into a
single normalized number. The off-street counts (except 2015) were conducted in conjunction with the
on-street counts. The 2015 off-street study also included three counts; however, all were conducted in
the month of September. Again, these counts were averaged for direct comparison.
3 2015 data showed one fewer stall on both the Willison (43 rather than 44) and Carnegie (70 rather than 71) lots.
The discrepancy could be due to restriping the lot or repurposing of a parking stall (e.g., provision of bicycle
parking or relocating a waste dumpster).
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Downtown Bozeman Historical Parking Data Summary
Appendix D – Page 3
Figure A – 2012 Parking Study Sample Area
Figure B – 2014 Parking Study Sample Area
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Downtown Bozeman Historical Parking Data Summary
Appendix D – Page 4
Figure C – 2015 Parking Study Sample Area
The primary difference between the on-street sample sizes is that the 2014 survey replicated the 2012
study area but added four block faces on Mendenhall and six block faces on Babcock. On Mendenhall,
these included the north and south sides between Willson and Tracy, and the north and south sides
between Black and Bozeman. On Babcock, they included the north and south sides between Willson and
Bozeman. In each year’s parking study, the same five off-street facilities were sampled: Willson Lot,
Armory Lot, Bridger Garage, Carnegie Lot, and Rouse Lot.
III. PARKING DATA SYNTHESIS – UTILIZATION FINDINGS
The intent of the parking data assessment is to provide as complete a picture of downtown Bozeman’s
daily parking dynamics as the data will allow. The consultant team, where possible, maximized the
amount of sampled data sets to be displayed in order to provide the clearest understanding of parking in
Downtown Bozeman. Unfortunately, the on-street data presented here is limited in its breadth and
provides an incomplete picture of how the parking supply is truly functioning. In the Considerations
section of this memo (p. 15), it is recommended that the City commission a more thorough study of the
on- and off-street parking supply, which would analyze all parking within a defined downtown study
area including Main Street. This would establish a baseline inventory and data template, which would
allow for accurate comparative analyses in subsequent years.
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Downtown Bozeman Historical Parking Data Summary
Appendix D – Page 5
The following section describes the findings from each of the three survey years. The data is separated
into weekday versus weekend results. Each of those categories is further broken out by on-street versus
off-street results.
A. ON-STREET OCCUPANCIES – Weekday
Figure D provides a visual comparison of average on-street weekday occupancies.
Figure D – On-Street Weekday Parking Occupancies – Full Survey Samples
From Figure D, the following results can be derived:
The 2012 weekday peak hour reaches 75% from 12:00 to 1:00 PM.
The 2014 weekday peak hour reaches 54% from 9:00 to 10:00 AM and from 8:00 to 9:00 PM.
At first glance it appears that 2012 weekday on-street occupancies are significantly higher than
2014 in 11 out of the 12 hours surveyed.
It is not surprising that the 2012 results reflect higher occupancy rates, as the block faces in the
survey sample are immediately adjacent to Main Street, where parking occupancies are suspected
to be highest. The 2014 sample includes an additional 10 block faces consisting of 75 parking stalls
located a full block off of Main Street. For a more direct comparison, Figure E provides a side-by-side
contrast of hourly occupancies.
From Figure E (next page), the following results can be derived:
In contrast to Figure D, Figure E shows a true comparison of the exact same stalls surveyed two
years later, using similar survey days.
The 2012 weekday peak hour reaches 75% from 12:00 to 1:00 PM.
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Downtown Bozeman Historical Parking Data Summary
Appendix D – Page 6
The 2014 weekday peak hour reaches 83% from 8:00 to 9:00 PM.
While there is less variation in the hourly occupancies compared to Figure D, it is evident that
2014 results exceed 2012 findings in each hour of the 12-hour survey.
Both data sets show a dual peak, one during the lunch hour and a second in the evening post-
dinner hours.
Given that the data samples are on block faces that do not include Main Street, peak
occupancies in Figure E may actually be understated.
Figure E – On-Street Weekday Parking Occupancies – Exact Sample Size
Table 1 summarizes on-street peak-hour occupancies for each of the comparative weekday survey data
sets. It also shows stalls empty/available based on the surveyed sample size.
Table 1: On-Street Weekday Parking Utilization
Year Supply Survey Sample
Size
Peak
Occupancy Peak Hour
Stalls
Empty/
Available
2012 On-Street 139 75.1% 12:00 – 1:00 PM 35
2014 On-Street 214 54.4% 9:00 – 10:00 AM 98
Figure F (next page) shows 2012 weekday peak-hour occupancies by block face. These parking utilization
“heat maps” provide a visual snapshot of parking occupancies on each block face during the peak hour.
This tool displays areas of high occupancy at a quick glance using color codes. Red indicates a parking
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Downtown Bozeman Historical Parking Data Summary
Appendix D – Page 7
constraint (>85%) at a specific block face, orange indicates robust activity (70% - 84%), yellow is
moderate activity (55% - 69%) and green is low activity (<55%).
The four block faces on Willson and Tracy Avenues between Main and Babcock exhibit
occupancies in excess of 85%, highlighted in red.
Off-street, only the Willson and Armory lots show moderate off-street occupancy levels, shown
in orange highlight. The three remaining off-street lots show low occupancy levels, shown in
green highlight.
Figure F – 2012 Weekday Parking Occupancies by Block Face – Peak Hour 1:00 – 2:00 PM
Figure G (next page) shows 2014 weekday peak-hour occupancies by block face.
Only two block faces exceed the 85% threshold: the west side of Willson between Mendenhall
and Main and the south side of Babcock between Black and Bozeman are shown highlighted in
red.
Twenty other block faces show a moderate occupancy level, shown in orange highlight.
Only two block faces (on Bozeman Avenue between Main and Mendenhall) showed lower
occupancy levels, shown in yellow highlight.
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Downtown Bozeman Historical Parking Data Summary
Appendix D – Page 8
Two off-street lots, Willson and Rouse, meet or exceed 85%, shown highlighted in red.
Overall, off-street use in 2014 exceeds that demonstrated in 2012 (particularly at Willson and
Rouse.
Figure G – 2014 Weekday Parking Occupancies by Block Face – Peak Hour 1:00 – 2:00 PM
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Downtown Bozeman Historical Parking Data Summary
Appendix D – Page 9
B. ON-STREET OCCUPANCIES – Weekend
Figure H provides a visual comparison of on-street average weekend occupancies.
Figure H – On-Street Weekend Parking Occupancies – Full Survey Samples
From Figure H, the following results can be derived:
The 2012 weekend peak hour reaches 78% from 7:00 to 8:00 PM.
The 2014 weekend peak hour reaches 52% from 12:00 to 1:00 PM.
Both data sets exhibit a “dual peak hour,” during the midday and again during the evening
dinner rush.
Similar to the weekday comparison (Figure D, page 5), the smaller 2012 parking sample has
overwhelmingly higher hourly occupancy rates.
Again, because each sample size is small, it is important to show the broadest data sample possible,
which may more accurately reflect overall parking occupancy in the larger study area (purple boundary
in Figures A, B, and C). Figure I (next page) provides a side-by-side contrast of hourly occupancies for the
two years using a 139-stall survey sample that is apples-to-apples.
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Downtown Bozeman Historical Parking Data Summary
Appendix D – Page 10
Figure I – On-Street Weekend Parking Occupancies – Exact Sample Size
From Figure I, the following results can be derived:
The 2012 weekend peak hour reaches 78% from 7:00 to 8:00 PM.
The 2014 weekend peak hour reaches 80% from 12:00 to 1:00 PM.
Similar to Figure E for weekday data (page 6); 2014 results exceed 2012 occupancies in 10 out of
the 12 hours surveyed.
Though peak hours oscillate between midday and evening, both weekend data sets show a
similar dual peak to those observed during the work week.
The lack of data for Main Street may be understating the overall occupancy situation in the core
area.
Table 2 summarizes on-street peak-hour occupancies for each of the comparative weekend survey data
sets. It also shows stalls empty/available based on the surveyed sample size.
Table 2: On-Street Weekend Parking Utilization
Year Supply Survey Sample
Size
Peak
Occupancy Peak Hour
Stalls
Empty/Available
2012 On-Street 139 78.4% 7:00 – 8:00 PM 30
2014 On-Street 214 52.2% 9:00 – 10:00 AM 102
Figure J (next page) illustrates 2012 weekend peak-hour parking demand by block face using an
occupancy heat map.
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Downtown Bozeman Historical Parking Data Summary
Appendix D – Page 11
Close to the lunch hour, there is a high concentration of parking demand on the west end of the
downtown, specifically on Willson Avenue, both north and south of Main.
Three block faces on Willson Avenue between Mendenhall and Babcock exhibit occupancies in
excess of 85%, highlighted in red.
The Willson and Armory lots show high (or constrained) off-street occupancy levels, shown in
red highlight, adding to the on-street constraint along Wilson.
The Bridger, Carnegie, and Rouse facilities have low occupancy, and therefore abundant stall
availability.
Figure J – 2012 Weekend Parking Occupancies by Block Face – Peak Hour 1:00 – 2:00 PM
Figure K (next page) shows 2014 weekend peak-hour occupancies in heat map format.
During the 2014 weekend peak hour, five block faces exceed the 85% threshold: Willson and
Tracy Avenues between Mendenhall and Main, and Bozeman Avenue between Main and
Babcock, shown highlighted in red.
An additional 10 block faces experience moderate occupancy levels, shown in orange highlight.
Two off-street lots, Willson and Armory, meet or exceed 85%, shown highlighted in red. As with
the 2012 data set, Bridger, Carnegie and Rouse demonstrate low use.
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Downtown Bozeman Historical Parking Data Summary
Appendix D – Page 12
Figure K – 2014 Weekend Parking Occupancies by Block Face – Peak Hour 1:00 – 2:00 PM
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Downtown Bozeman Historical Parking Data Summary
Appendix D – Page 13
C. OFF-STREET OCCUPANCIES – Weekday
Unlike the on-street survey samples, each of the three off-street survey years are consistent, evaluating
the same facilities and sample size, which provides a direct year-to-year comparison for the off-street
system.
Figure L provides a visual comparison of off-street average weekday occupancies.
Figure L – Off-Street Parking Occupancies – Weekday
From Figure L, the following results can be derived:
The 2012 weekday peak hour reaches 46% from 1:00 to 2:00 PM, delayed one hour from the on-
street peak.
The 2014 weekday peak hour reaches 54% from 1:00 to 2:00 PM.
The 2015 weekday peak hour reaches 56% from 12:00 to 1:00 PM.
All survey years show similar hourly demand patterns, yet do not experience the dual evening
peak as prominently as the on-street system.
These results show a modest but steady growth in demand for off-street parking from one
survey year to the next.
Despite growth in off-street demand, there is still an abundance of parking availability during all
weekday hours.
Table 3 (next page) summarizes off-street peak-hour occupancies for each of the comparative weekday
survey data sets. It also shows stalls empty/available in the peak hour based on the surveyed sample
size.
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Downtown Bozeman Historical Parking Data Summary
Appendix D – Page 14
Table 3: Off-Street Weekday Parking Utilization
Year Supply Survey Sample
Size
Peak
Occupancy Peak Hour
Stalls
Empty/Available
2012 Off-Street 624 46.1% 1:00 – 2:00 PM 336
2014 Off-Street 624 54.3% 1:00 – 2:00 PM 285
2015 Off-Street 622 56.1% 12:00 – 1:00 PM 273
D. OFF-STREET OCCUPANCIES – Weekend
Figure M provides a visual comparison of off-street average weekend occupancies.
Figure M – Off-Street Parking Occupancies – Weekend
From Figure M, the following results can be derived:
The 2012 weekend peak hour reaches 29% from 1:00 to 2:00 PM.
The 2014 weekend peak hour reaches 35% from 1:00 to 2:00 PM.
The 2015 weekend peak hour reaches 33% from 1:00 to 2:00 PM.
Interestingly, 2014 results display the highest overall hourly occupancies, rather than 2015
weekday results shown in Figure L (page 13).
Weekend off-street occupancies are, on average, between 10 and 20 percentage points lower
than during the weekdays.
Table 4 (next page) summarizes off-street peak hour occupancies for each of the comparative weekday
survey data sets. It also shows stalls empty/available based on the surveyed sample size.
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Downtown Bozeman Historical Parking Data Summary
Appendix D – Page 15
Table 4: Off-Street Weekend Parking Utilization
Year Supply Survey Sample
Size
Peak
Occupancy Peak Hour
Stalls
Empty/Available
2012 Off-Street 624 29.6% 1:00 – 2:00 PM 439
2014 Off-Street 624 35.2% 1:00 – 2:00 PM 404
2015 Off-Street 622 33.4% 1:00 – 2:00 PM 414
IV. CONSIDERATIONS AND NEXT STEPS
Bozeman has an active downtown that is beginning to experience some of the strain that comes with
success, including customer and visitor anxiety about finding parking. The parking occupancy
information collected over the years shows a trend toward a more constrained supply, but falls short of
providing a true picture of daily parking dynamics that occur throughout the larger downtown. Some of
the shortfalls in the previous data include:
Small datasets. All three datasets focused on only a small portion of Downtown Bozeman.
Aggregated data. Data from opposing block faces was merged. By separating out block faces,
more refined analyses and recommendations can be made.
Lack of data for Main Street. There were no on-street counts for Main Street, likely the most
occupied street in Downtown Bozeman.
The consultant team would recommend the following steps to better understand how and by whom the
parking supply is currently being used.
a. Complete a thorough inventory of the entire downtown parking supply, cataloguing each parking
stall by block, numbering the stall based on its location on the block face, and recording its time
restriction (if applicable). The inventory could also include striping, stall orientation (parallel or
angled), and other attributes such as street signage, parking permits, loading zones, bus zones, etc.
Equally important, the inventory would include a quantification of off-street parking by facility
(public and private), and its supported land use (e.g., retail, office, restaurant, residential).
b. Initiate a complete parking turnover utilization study of the entire downtown. The parking metrics
and efficiency indicators from this type of analysis should include:
On-street
• Hourly license plate survey
• Hourly occupancy summary
• Average duration of stay system-wide
• Average duration of stay by stall type
• Parking turnover rate
• Percent of vehicle trips violating the posted time stay
• Number of vehicles parked 5 hours or more (identifies employee parking locations)
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Downtown Bozeman Historical Parking Data Summary
Appendix D – Page 16
• Number of unique vehicle trips
• Total vehicle hours parked (to assist in developing future revenue models)
• Number of vehicles moving to evade a citation
• Occupancy heat maps for each block face in the downtown
• Identification of areas of parking surpluses and deficits
Off-street
• Hourly occupancy counts in all public lots/garages and meaningful sample of private facilities
• Occupancy heat maps for each surveyed lot/garage in the downtown
• Total vehicle hours parked (to assist in developing future revenue models)
• Identification of areas of parking surpluses and deficits
Downtown Bozeman is a wonderful example of a vibrant “Main Street” city, with an active retail
environment and a friendly pedestrian feel. Uncertainty around parking often follows such success, and
Bozeman is currently experiencing these concerns. Additional parking data will allow the City to better
plan and manage on- and off-street parking to support both the existing demand and the new growth
coming to Bozeman.
318
N CHURCH AVE
E MAIN ST
E MENDENHALL ST
N TRACY AVE
S ROUSE AVE
W BABCOCK ST
N WILLSON AVE
S WILLSON AVE
S BLACK AVE
N ROUSE AVE
N BOZEMAN AVE
N BLACK AVE
E BABCOCK ST
W MAIN ST
W MENDENHALL ST
S TRACY AVE
S BOZEMAN AVE
S CHURCH AVE
JOHN BOZEMAN'S BISTRO
CHALET SPORTS
NAKED NOODLE
NUTSHELL NATURALS
TACO DEL SOL
WILD JOES COFFEE
CO-OP
COPPER
CHOCOLATE MOOSE
CAFE FRANCAIS
WHISTLE PIG
FIVE ON BLACK NOVA
TOWENSHEND'S TEAHOUSE WESTERN CAFE
PLONK ZOCALO ROCKING R
Existing Encroachments
EXCLUSIVE USE PERMIT
0 200 400 800 $ NON-SUBSTANTIAL ENCROACHMENT
Feet
Map created by the City of Bozeman GIS Department on 1/27/2017 - Intended for planning purposes 319 only.
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AGY
B
L
V
D
W OAK ST
W PEACH ST
N FERGUSON AVE
GRAF ST
GOLDENSTEIN LN
D
A
V
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S
L
N
I
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T
E
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S
T
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9
0
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S 3RD AVE
FRONTAGE RD
DAVIS LN
BAXTER LN
Bozeman Citywide Mobile Vending
0 ½ 1 2 Miles
Vending Prohibited b/w 10 A.M. and 9 P.M.
Available for Mobile Vending
Non-Residential Zoning Districts
City Limits
Revised: 2/6/2017
Map and City Data of Bozeman Created by the
GIS Department
Intended for Planning purposes only. ¤
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DURSTON RD
N 15TH AVE
N 15TH AVE
N 14TH AVE
W OAK ST
N 15TH AVE
N 9TH AVE
N 10TH AVE
N 8TH AVE
W VILLARD ST
N 7TH AVE
W MAIN ST
W JUNIPER ST
IVAN AVE
N 5TH AVE
W ASPEN ST
W BEALL ST
W MENDENHALL ST
W MAIN ST
N 4TH AVE
N 5TH AVE
N 6TH AVE
W SHORT ST
N GRAND AVE
N WILLSON AVE
E TAMARACK ST
N MONTANA AVE
E LAMME ST
N TRACY AVE
N BLACK AVE
N BOZEMAN AVE
GOLD AVE
E MAIN ST
E SHORT ST
BRADY AVE
ORANGE ST
FRIDLEY ST
E AVOCADO ST
N BROADWAY AVE
VILLAGE DOWNTOWN BLVD
E LAMME ST
PLUM AVE
IDA AVE
DAVIS ST
N WALLACE AVE
FRIDLEY ST
E ASPEN ST
E ASPEN ST
E COTTONWOOD ST
E JUNIPER ST
W ASPEN ST
W COTTONWOOD ST
N MONTANA AVE
N ROUSE AVE
E OAK ST
PEAR ST
FRONT ST
E BIRCH ST
CEDAR ST
E PEACH ST
N CHURCH AVE
N ROUSE AVE
PERKINS PL
N 3RD AVE
W TAMARACK ST
N 14
N 12TH AVE
MANZANITA DR
CRABAPPLE DR
OAK PARK DR
JUNIPER ST
VILLAGE
CROSSING
WAY
E MENDENHALL ST
E VILLARD ST
W LAMME ST
N 3RD AVE
E BEALL ST
W PEACH ST
BUTTONWOOD AVE
E BABCOCK ST
GOLF W
CYPRESS AVE
E CURTISS ST
MCADOW AVE
E OLIVE ST
S WALLACE AVE
S ROUSE AVE
E CURTISS ST
S CHURCH AVE
LINDLEY PL
S BOZEMAN AVE
E CURTISS ST
E OLIVE ST
E BABCOCK ST
W CURTISS ST
W OLIVE ST
S 6TH AVE
S 7TH AVE
W BABCOCK ST
IVE ST
S 17TH AVE
S 16TH AVE
PIONEER DR
N 11TH AVE
W BABCOCK ST
Bozeman Downtown & Midtown Mobile Vending
0 500 1,000 2,000 Feet
Vending Prohibited b/w 10 A.M. and 9 P.M.
Mobile Vending Roads
Downtown/Midtown Commercial Districts
Zoning Districts
City Limits
Revised: 2/6/2017
Map and City data of Bozeman created by the
IntendedDepartment for GIS Planning purposes only.
¤
296
160 290
HIG
HL
A
N
D BL
V
D
S WIL
L
S
ON
A
V
E
OAK ST
SPRINGHILL RD
E
KAGY
B
L
VD
H
A
R
PER P
U
C
K
E
T
T
R
D
W OAK ST
W PEACH ST
N FERGUSON AVE
GRAF ST
GOLDENSTEIN LN
N 7TH AVE
I
N
T
E
R
S
T
A
T
E
9
0
H
W
Y
DAVIS LN
FRONTAGE RD
BAXTER LN
S 3RD AVE
Legend
Available for Mobile Vending
All Roads
Non-Residential Zoning Districts Revised: 6/29/2016 ¤
This map Citythe was of Bozeman created by
IntendedDepartment GIS for Planning purposes only.
0 ¼ ½ 1 Miles
Bozeman Mobile Vending
Non-Residential Districts
158 288