HomeMy WebLinkAbout03-02-20 City Commission Packet Materials - A1. Ord 2033 Est DT Parking Mngmt Dist and PBZsCommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dennis Taylor, Interim City Manager
Brit Fontenot, Director of Economic Development
Ed Meece, Parking Program Manager
David Fine, Urban Renewal Program Manager
SUBJECT: Provisional Adoption of Ordinance 2033 Establishing a Downtown Parking
Management District and Parking Benefit Zones and Authorizing the
Bozeman Parking Commission to Create, Dissolve, and Operate Parking
Benefits Zones Within the Downtown Parking Management District:
Parking Benefit District: Staff Responses to City Commission from the
February 3, 2020 City Commission Meeting
MEETING DATE: March 2, 2020
AGENDA ITEM TYPE: Action
RECOMMENDATION:
Provisionally adopt Ordinance 2033 establishing a Downtown Parking Management District and
Parking Benefit Zones, and authorize the Bozeman Parking Commission to create, modify, dissolve, and
operate Parking Benefit Zones within the Downtown Parking Management District.
CITY MANAGER’S RECOMMENDED MOTION:
I move to provisionally adopt Ordinance 2033 establishing a Downtown Parking Management
District and Parking Benefit Zones, and authorize the Bozeman Parking Commission to create, modify,
dissolve, and operate Parking Benefit Zones within the Downtown Parking Management District.
BACKGROUND:
On February 3, 2020, the Bozeman City Commission considered provisional adoption of
Ordinance 2033, which establishes a Downtown Parking Management District and Parking Benefit Zones
and authorizes the Bozeman Parking Commission to create, modify, dissolve, and operate Parking
Benefit Zones within the Downtown Parking Management District. The video for the meeting can be
found here: February 3, 2020 Bozeman City Commission Meeting (the item begins at 2:39:15). The staff
memorandum from February 3rd
is available here. On February 3, the City Commission opened the
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hearing on Ordinance 2033, considered the staff presentation and materials, asked questions of staff,
took public comment, and entered into discussion.
Additional questions were asked by the City Commission at which point, and due to the lateness
of the hour, the Commission determined that the balance of the discussion would be continued until
March 3, 2020. Because the agenda item was continued, the Commission should pick up where they left
off: having concluded public comment and in discussion. We recommend, however, the Commission
accept public comment on the adjustments to the ordinance and the impact of the adjustments on the
overall purposes of the ordinance.
The attached ordinance contains two adjustments: (i) we removed the time restriction from the
ordinance allowing the Parking Commission to establish time restrictions in a parking benefit zone; and
(ii) adjusted the methodology for issuing resident parking permits (see pg. 5 of the attached ordinance).
Both of these adjusted sections are highlighted in yellow.
Below you will find a summary of our responses to questions raised by commissioners at the
February 3, 2020 City Commission hearing:
Commissioners inquired about the petition process for creating a parking benefit zone
within the Parking Management District. As noted for the February 3rd
meeting, the
petition process is simply a way for residents to request the Parking Commission create,
modify, or dissolve a parking benefit zone. Under the proposed ordinance, the Parking
Commission may establish its own procedures for creating a parking benefit zone
including doing so on its own or upon request or petition by residents. Our initial
recommendation stands: the Parking Commission should be the entity to establish
procedures for creation of a parking benefit zone; as such, procedures for doing so should
not be included in the ordinance. As noted, we will recommend to the Parking
Commission to allow residents to be included in a petition – not just property owners.
1) Commissioners raised questions regarding the hours a parking benefit zone could regulate
parking. We recommend changes to the ordinance (see attached) that would remove specific
hours allowing the Parking Commission to establish the hours where parking would be
regulated within a parking benefit zone.
2) Apartments (more than 5 units):
Commissioners also raised questions regarding how the City would address multi-household
buildings within a parking benefit zone. Our recommendation is to indicate in the ordinance
that apartment and apartment buildings (defined as five (5) or more dwellings in a building,
per the City’s Unified Development Code) are not eligible to purchase annual resident parking
permits; residents of such apartments are eligible to purchase non-resident permits.
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This prohibition limits the number of resident on-street parking permits, which is
important because the Parking Benefit Zone would only be proposed where there is already
more than 85% parking occupancy.
a) Linkage to on-street public parking spaces for required street frontage.
i) Under current zoning, the minimum lot width for single household dwellings in R1-R4
is 50 ft. For buildings with two or more units the current minimum lot width increases
to 60 ft. It’s important to note these standards are for newly created parcels. In either
scenario, this minimum lot width creates frontage that could accommodate a
maximum of two 24 foot parking spaces. If building heights and densities increase
without a commensurate increase in frontage, a building containing apartments could
overwhelm the available adjacent frontage for parking. Allowing resident permits for
high density apartment buildings would either require the cost of all permits –
residential and non-resident – to increase or undermine the essential ability of the
parking benefit zone program to use pricing to regulate demand.
ii) Apartments are a permissible use in the B-3 zoning district, but are not allowed in
most of the residential zoning districts surrounding downtown. The policy goal here
is to encourage apartment developers to provide adequate onsite parking and not
rely on public on-street parking in surrounding neighborhoods for meeting the parking
needs of their buildings. Apartment dwellers may purchase non-resident permits, as
available and at market rates.
b) Commissioners inquired about grandfathering existing apartment buildings.
Grandfathering currently constructed apartment buildings or apartments creates more
annual residential on-street parking permits for the adjacent blocks that already cannot
support the number of vehicles likely associated with apartments or apartment buildings.
A possible outcome includes higher cost for all residential permits throughout the zone
and is not the preferred option. We can discuss this more during the meeting if necessary.
3) In the staff memorandum for the February 3rd
Commission meeting we included in the
proposed ordinance the ability for each driver residing within a parking benefit zone to be
eligible to purchase one resident on-street permit. We discussed the efficacy of this standard.
We now recommend amending the eligibility requirement to allow two resident on-street
permit per dwelling rather than one permit per driver.
a) “Dwelling” limits the number of residential on-street parking permits which is important
because a Parking Benefit Zone is only being applied where there is already greater than
85% parking occupancy.
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b) We also discussed that administering the driver method is difficult.
Currently, the proposed ordinance authorizes only structures used for residential uses to
qualify for resident on-street permits in a parking benefit zone. Limiting permits to
“dwellings” is important to the functionality and management of a Parking Benefit Zone.
A Parking Benefit Zone is applied only where there exists less greater than 85% occupancy.
Non-resident permits will be available to residents, businesses and non-residents, as
available. A business within a residence where the owner lives in the structure, a private
practice counselor for example, would have access to both annual residential on-street
parking permits and annual resident visitor on-street parking permits and could also
purchase non-resident permits, as necessary and available. Non-residence business in a
Parking Benefit Zone may purchase non-resident permits.
4) The Commission also inquired whether a resident could resell (or transfer) parking permits.
a) We recommend against establishing a secondary market for selling Parking Benefit Zone
Residential Dwelling permits. Administering any flexible permit program, under these
circumstances, would be difficult and inefficient.
b) The Parking Benefit Zone, although not specifically proposed, would be considered where
there is currently a parking occupancy problem in the area surrounding the B-3 zoning
district. Allowing subsidized residential dwelling permits to be purchased and then resold,
like a commodity, ultimately defeats the purpose of the Parking Benefit Zone by reducing
the City’s ability to manage the parking through the sale of permits.
5) Commissioners also asked a few other questions we want to address.
a) May a resident within a Parking Benefit Zone purchase a commuter permit?
i) Yes.
b) Commissioners requested an additional map that would show not only the boundaries of
the parking management district but also the existing zoning. This updated map is
included in your packet as a new Exhibit A to the ordinance.
c) How would we handle one side of street in the B-3 zoning district and the other is in a
different zoning district?
i) The Parking Commission will consider the boundaries and zoning designations of a
proposed parking benefit zone prior to creation. We will recommend to the Parking
Commission to not to create a parking benefit zone only on one side of a street or
bisected by a zoning district. There are logistical issues that arise when creating a
parking district only on one side of a street, which we have learned from our
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experiences within the Montana State University and Bozeman High School parking
districts.
d) Finally, a commissioner asked whether creating a Parking Management District, and
eventually a Parking Benefit Zone, is an incentive for increasing density downtown. We
believe the answer to this question is no.
i) While new multi-household and mixed use development adjacent to downtown can
use on-street spaces to satisfy a portion of their parking requirements as authorized
by existing zoning in the B3 zoning district, under the proposed ordinance if the
development qualifies as an apartment building or contains apartments under the
proposed ordinance those apartments will not be eligible for resident parking permits.
Residents of apartments within these developments may, however, purchase non-
resident permits if such are available.
Report compiled on Friday, February 21, 2020.
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March 2, 2020
ORDINANCE NO. 2033
Page 1 of 9
ORDINANCE NO. 2033
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA ESTABLISHING THE DOWNTOWN PARKING MANAGEMENT
DISTRICT, AUTHORIZING THE BOZEMAN PARKING COMMISSION TO
ESTABLISH PARKING BENEFIT ZONES WITHIN SAID DISTRIC AND PROVIDING
FOR PENALTIES FOR VIOLATIONS OF THE DISTRICT OR ZONE REGULATIONS.
WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to establish programs and laws to protect public the health, safety and welfare of the
citizens of Bozeman; and,
WHEREAS, Montana Code Annotated Sect. 7-14-4621 sets out general powers of a
parking commission; and,
WHEREAS, the Bozeman City Commission created and granted authority to the Bozeman
Parking Commission to regulate parking within the Parking Commission’s jurisdiction pursuant
to Resolutions 1676, 1839, 3803, and 4577; and,
WHEREAS, the Bozeman City Commission recognizes the need to expand the authority of
the Bozeman Parking Commission beyond its current jurisdiction (currently established to be
commensurate with the B-3 zoning district) into an area greater than its current jurisdiction into an
area to be known as the Downtown Parking Management District to provide and implement a
system based approach to the active management of public parking resources; and,
WHEREAS, the Bozeman City Commission recognizes on-street parking in areas adjacent
to Downtown Bozeman may be impacted by large, nearby, attractions such as retail, education,
health care, or other facilities, and the creation of a Downtown Bozeman Parking Management
District and subsequent Parking Benefit Zones will be an effective tool for actively managing
shared on-street parking resources between multiple stakeholders; and,
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March 2, 2020
ORDINANCE NO. 2033
Page 2 of 9
WHEREAS, the implementation of Parking Benefit Zones aligns with the 2016 Downtown
Strategic Parking Management Plan which recommends that the City of Bozeman ‘explore
changes to existing residential on-street parking permit programs and evaluate and potentially
implement new residential parking permit districts in the neighborhood north and south of the
downtown commercial district’; and,
WHEREAS, the Bozeman City Commission, on April 15, 2019, adopted the 2019 Downtown
Bozeman Improvement Plan as a neighborhood plan under the City’s Community Plan (the growth
policy) pursuant to Resolution 5005, which states, “It is also important to manage on street parking
stalls to retain them for retail customers and locate long term employee parking off Main Street. If
utilization data shows ample availability in adjacent residential areas, there is the potential to
develop an employee paid parking permit system. This strategy is frequently implemented in other
communities as a parking benefit district.” And,
WHEREAS, a Parking Benefit Zone can maximize on-street parking opportunities for
resident and commuter parkers, facilitate visitor parking turnover, reduce the need for off-street
parking lots, encourage use of private shared parking agreements; and,
WHEREAS, the City Commission determines that should a Parking Benefit Zone be created
by the Parking Commission a portion of any funds remaining from the operation of the Parking
Benefit Zone, after all administrative and enforcement costs are covered, must be applied to lower
resident annual fees or make other direct investments in zone specific infrastructure related to,
among others, public transit, pedestrian and bicycle facilities, sidewalk, and curb maintenance, etc.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That a new Division 3 be added to Chapter 36, Article 4, Bozeman Municipal Code to be titled
“Parking Management Districts/Benefit Zones” and include the following new sections:
Sec. 36.04.601. - Parking Management Districts/Purpose/Boundaries.
A. The city commission may create and establish by ordinance a parking management district
for the benefit of the community. A parking management district must comply with the
requirements of this division.
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March 2, 2020
ORDINANCE NO. 2033
Page 3 of 9
B. The purpose of a parking management district is to identify areas within the city wherein
active management of off-street and on-street parking resources is necessary to ensure
equitable distribution and availability of parking for residents, businesses, and visitors. In
addition, the purpose of a parking management district is to provide authority for the
parking commission, in managing such resources, to regulate parking and establish fees for
parking permits.
C. Downtown Parking Management District. The commission hereby creates and establishes
the downtown parking management district. The boundaries of the downtown parking
management district are shown on Exhibit A to this ordinance and established as the
boundaries of the B-3 zoning district and extending beyond the boundaries of said B-3
zoning district 1,000 linear feet as measured perpendicularly from the B-3 zoning district
boundary or to the next intersection of public streets beyond 1000 feet from the B-3 zoning
district boundary, whichever is further. Where Exhibit A shows the boundary of the
downtown parking management district as including a street or a street section all block
faces of said street are included within the downtown parking management district.
Sec. 36.04.602. –Authority of Parking Commission.
The city commission hereby confers upon and delegates to the parking commission the authority
to manage parking within a parking management district and within such districts the parking
commission may exercise all powers granted by Title 7, Chapter 14, Part 46 of the Montana Code
Annotated except as modified by the city commission through ordinance or resolution.
Sec. 36.04.603. – Parking Benefit Zones/Creation/Dissolution/Parking Commission Authority.
A. A parking benefit zone is an area of land within an established parking management district
wherein the parking commission may establish parking regulations on publicly owned land
and on public rights-of-way and streets for the benefit of the community. A parking benefit
zone must comply with the requirements of this division.
B. To establish a parking benefit zone, amend an existing parking benefit zone (including
amending boundaries), or dissolve a parking benefit zone, the parking commission must
comply with the following:
1. Adopt a resolution of intent to establish, amend, or dissolve a parking benefit zone;
2. Upon adoption of the resolution of intent, mail notice to the owners of all real
property within the proposed zone of a public hearing on the proposal; the notice
must be mailed at least 15 days prior to the date of the public hearing;
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March 2, 2020
ORDINANCE NO. 2033
Page 4 of 9
3. Post notice of the public hearing in no less than five locations at the exterior
boundaries of proposed parking benefit zone; and
4. At the conclusion of the public hearing the parking commission may establish,
amend, or dissolve a parking benefit zone by adopting a resolution. The resolution
is not effective for 30 (thirty) days after adoption; as such, the parking commission
may not regulate parking within a newly established or amended parking benefit
zone until 30 (thirty) days after adoption of the resolution establishing or altering
the parking benefit zone. A resolution to dissolve a parking benefit zone is effective
immediately upon adoption.
C. Notwithstanding the above, the parking commission may establish by resolution
administrative rules for the management of the parking benefit zone including rules
governing the issuance of parking benefit zone permits. The parking commission must
adopt procedures for public involvement in such rule making.
Sec. 36.04.604. - Parking benefit zone regulations.
Within a parking benefit zone:
A. It is unlawful for any person to stop, stand, or park a vehicle on any street within a
designated parking benefit zone between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, except for legal holidays, except for the following circumstances:
1. Those vehicles with a valid parking benefit zone permit;
2. Vehicles that have made payments for posted paid time-limited parking;
3. An emergency vehicle; or
4. A clearly marked business or service vehicle that is under the control of a person
providing a service to persons within the parking benefit zone, including but not
limited to delivery vehicles.
B. A violation of this subsection is enforced pursuant to 36.04.380. The fine for a violation
of this subsection is established pursuant to 36.04.080.A.2.
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March 2, 2020
ORDINANCE NO. 2033
Page 5 of 9
C. The parking services division and police department are authorized to enforce parking
benefit zone regulations.
D. The department of public works must post signs in accordance with the Manual on Uniform
Traffic-Control Devices that indicate parking restrictions and permit requirements and the
hours and days when the restrictions or requirements are in effect.
E. The parking commission may establish fees for parking benefit zone permits. The amount
of the parking benefit zone permit fees shall be established by resolution of the parking
commission upon notice of and a public hearing as provided for in 7-1-4131, Montana
Code Annotated.
F. Each dwelling driver residing within a parking benefit zone is eligible to purchase up to
two (2) one (1) resident on-street parking permits. Persons Drivers residing in dwellings
designated as apartments as defined in 38.700.020 or located within apartment buildings
as defined in 38.700.020 are not eligible for resident permits.
G. No more than two (2) visitor permits shall be issued annually to each dwelling within a
parking benefit zone for use by visitor to a permitted dwelling. Dwellings designated as
apartments as defined in 38.700.020 or located within apartment buildings as defined in
38.700.020 are not eligible for visitor permits.
H. The parking commission may designate locations where posted paid time-limited permitted
parking is allowed and in doing so may authorize the issuance of permits for such locations.
I. The parking commission may authorize the sale of monthly parking permits to persons that
do not reside within a parking benefit zone, depending on the level of parking occupancy
within the parking benefit zone. The parking commission may determine the number of
non-resident parking permits based on established administrative rules for parking
occupancy within the parking benefit zone.
J. The city commission may authorize a portion, or all, of any fiscal surplus resulting from
the operation of a parking benefit zone to lower fees for residents within the parking benefit
zone, or for direct investment in the parking benefit zone for public infrastructure such as.
street lights, curb and sidewalk repair, public transit, among others.
Sec. 36.04.605. – Parking benefit zone permits; Unlawful Activity.
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March 2, 2020
ORDINANCE NO. 2033
Page 6 of 9
A. The parking commission must establish rules for the issuance of parking benefit zone
permits. These rules must include an application process, forms, proof of vehicle
registration, and, for persons seeking resident permits, requirements for a resident to
establish residency. Each application must be accompanied by the established permit fee.
The amount of the parking benefit zone fees must be established by resolution of the
parking commission at a level that at a minimum covers the cost of administration and
enforcement of the parking benefit zone regulations in the specific parking benefit zone.
Fees may be established at a level that provides benefit as provided for in 36.04.604.J. No
part of the parking benefit zone permit fees shall be refundable. Parking benefit zone
permits will not be issued for vehicles with outstanding parking citations, or other fines,
fees, or penalties owed to the city.
B. It is unlawful for any person to represent a vehicle is entitled to a parking benefit district
zone permit, of any type, authorized by subsection A of this section, or other applicable
provisions, when it is not so entitled. A violation of this section is a misdemeanor.
C. It is unlawful for any person, or entity, to acquire visitors permits for the purpose of
reselling said permit to a third party. A violation of this section is a misdemeanor.
Section 2
That 36.04.380.A.2 be amended to read as follows:
“A. Fines. A violation of this article shall be punishable by a penalty and the penalties shall be
imposed as follows:
1. The minimum penalty for parking in violation of section 36.04.180 shall be a fine of not
less than $50.00 or more than $300.00.
2. The minimum penalty for parking in violation of section 36.04.260.E and for violation
of 36.04.604.A shall be a fine of not less than $30.00 or more than $300.00.
3. The minimum penalty for parking in violation of section 36.04.030.A.1—15 shall be a
fine of not less than $50.00 or more than $300.00.
4. The minimum penalty for parking in violation of section 36.04.050 shall be a fine of not
less than $50.00 or more than $300.00.
5. The minimum penalty for parking in violation of section 36.04.250 shall be a fine of not
less than $50.00 or more than $300.00.
6. The minimum penalty for parking in violation of section 36.04.360 shall be a fine of not
less than $60.00 or more than $300.00.
7. The minimum penalty for parking in violation of other sections of this article shall be a
fine of not less than $20.00 or more than $300.00.”
All other provisions of 36.04.380 shall remain unchanged.
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March 2, 2020
ORDINANCE NO. 2033
Page 7 of 9
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall be codified as indicated in Section 1 – 2. Exhibit A to this Ordinance
shall not be codified but shall be kept by the city clerk along with the original of this ordinance.
Section 7
Effective Date.
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March 2, 2020
ORDINANCE NO. 2033
Page 8 of 9
This ordinance shall be in full force and effect 30 days after final passage and approval.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____ day of ________________, 2020.
____________________________________
Chris Mehl
Mayor
ATTEST:
____________________________________
Mike Maas, Interim City Clerk
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2019. The effective date of this ordinance is __________, __, 2020.
_________________________________
CHRIS MEHL
Mayor
ATTEST:
_______________________________
MIKE MAAS
Interim City Clerk
APPROVED AS TO FORM:
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ORDINANCE NO. 2033
Page 9 of 9
_________________________________
GREG SULLIVAN
City Attorney
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EXHIBIT 3: Resolution # 2020-01, Bozeman Parking Commission, x/x/2020 Page 1 of 3
BOZEMAN PARKING COMMISSION
RESOLUTION 2020-01 DRAFT
A RESOLUTION OF THE BOZEMAN PARKING COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
ESTABLISHING RULES FOR THE CREATION, MODIFICATION, AND DISSOLUTION OF PARKING BENEFIT ZONES
IN THE DOWNTOWN PARKING MANAGEMENT DISTRICT.
WHEREAS, Montana Code Annotated 7-14-4621 sets out general powers of a parking commission; and,
WHEREAS, the Bozeman City Commission created and empowered the Bozeman Parking Commission
pursuant to Resolution Numbers 1676, 1839, 3803, and 4577; and,
WHEREAS, In order to actively manage public parking resources in areas where on-street parking may
be impacted by large, nearby, attractions such as downtown, commercial, education, health care, or
other facilities, the Bozeman Parking Commission recognizes the creation of Parking Benefit Zones, in
the Downtown Parking Management District, as an important management tool; and,
WHEREAS, the implementation of Parking Benefit Zones aligns with the 2016 Downtown Strategic
Parking Management Plan which recommends that the City of Bozeman ‘explore changes to existing
residential on-street parking permit programs and evaluate and potentially implement new residential
parking permit districts in the neighborhood north and south of the downtown commercial district’; and,
WHEREAS, the desired outcomes of a Parking Benefit Zone are the facilitation of visitor parking turnover,
reduced need for off-street parking lots, the encouraged use of private shared parking agreements, and
maximized on-street parking opportunities;
NOW THEREFORE, BE IT RESOLVED that the Bozeman Parking Commission establishes rules for the
creation, modification, and dissolution of Parking Benefit Zones in the Downtown Parking Management
District.
PASSED AND ADOPTED by the Parking Commission of the City of Bozeman, Montana, at a session held
on the __th
day of ________ 2020. This resolution shall become effective immediately.
__________________________________
Jim Ness, Chairman
Bozeman Parking Commission
ATTEST:
___________________________
Ed Meece, Parking Program Manager
City of Bozeman
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EXHIBIT 3: Resolution # 2020-01, Bozeman Parking Commission, x/x/2020 Page 2 of 3
I. Creation, Modification, Dissolution of Parking Benefit Zones in the
Downtown Parking District
a. As specified in the Sec. 36.04.602 of the Bozeman Municipal Code, the Bozeman Parking Commission
may initiate the process for creation, modification, or dissolution, of all, or a portion, of a parking benefit
zone in the Downtown Parking Management District with, or without, citizen request.
b. A petition signed by 60% of property owners residents within a proposed parking benefit zone in the
Downtown Parking Management District can initiate a process to create, modify, or dissolve, all, or a
portion, of a parking benefit zone
c. The Bozeman Parking Commission will adopt a resolution of intent for the purpose of initiating a process
to create, modify, or dissolve, all, or a portion, of a parking benefit zone in the Downtown Parking
Management District. Upon approval of the resolution of intent, the Parking Services Division will collect,
and forward to the Bozeman Parking Commission zone-specific parking occupancy data, to include:
1 Does on-street parking occupancy within the proposed, or existing, parking benefit zone
demonstrate 85% occupancy for a contiguous three hour period, on at least three different
weekdays?
2 Are 25% of the vehicles occupying on-street parking during the contiguous three hour period,
for which the 85% standard is met, registered to owners outside of the proposed, or existing,
parking benefit zone?1
Note: Neither the 85% occupancy, or 25% external ownership, is intended as a strict criteria for
creation of a Parking Benefit Zone.
d. Upon adoption of the resolution of intent, and at least fifteen (15) fifteen days prior to a public hearing, by
the Bozeman Parking Commission, regarding the creation, modification, or dissolution of a of a parking
benefit zone, the Parking Services Division will notify all real property owners, within the proposed zone, by
postal mail. In addition, the Bozeman Parking Commission will post notice of the public hearing in no less
than five locations at the exterior boundaries of the proposed parking benefit zone.
e. With consideration of data collected by the Parking Services Division, as required by this section, the
Bozeman Parking Commission, will hold a public hearing on the creation, modification, or dissolution of all,
or a portion, of a parking benefit zone in the Downtown Parking Management District.
f. At the conclusion of the public hearing, the parking commission may establish, amend, or dissolve a parking
benefit zone by adopting a resolution. The resolution is not effective for 30 (thirty) days after adoption; as
such, the parking commission may not regulate parking within a newly established or amended parking
benefit zone until 30 (thirty) days after adoption of the resolution establishing or altering the parking benefit
zone. A resolution to dissolve a parking benefit zone is effective immediately upon adoption.
g. A resolution of the Bozeman Parking Commission designating an area of the Downtown Parking District as
a parking benefit zone shall describe:
1. The designated public street area along which parking will be limited to vehicles registered
to or controlled and exclusively used by persons residing in the area;
1 The 25% “out-of-district” data point will be measured utilizing a list of license plates read during the data collection process that is
compared to registration records from the Montana Department of Motor Vehicles. This same method is utilized in other
communities, such as Portland OR.
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EXHIBIT 3: Resolution # 2020-01, Bozeman Parking Commission, x/x/2020 Page 3 of 3
2. Hours of each day and days of each week that the parking benefit zone regulations shall
be in effect;
3. The individuals eligible to purchase a permit;
4. Effective dates of annual permits;
5. Visitor permit, transient permit, and posted paid time-limited parking provisions for the
parking benefit zone.
h. Upon adoption of a resolution by the Bozeman Parking Commission designating an area for parking benefit
zone parking only, signs shall be erected along the streets identified in the ordinance prior to any
enforcement of the parking benefit zone regulations pursuant to section 36.04.090. The parking signs
erected shall give notice of the general nature of the parking limitation and shall indicate the hours and days
when such parking limitations shall be in effect.
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pg. 1
PARKING BENEFIT ZONES
Frequently Asked Questions
Parking Benefit Zones (PBZ) regulate on-street parking through use of an on-street resident
parking permit system. Non-residents may purchase a limited number of non-resident on-street
parking permits in addition to those available to residents -- depending on the actual
occupancy/inventory of vehicles parking in the zone. The number of non-resident parking permits
will contract, or expand, as the PBZ is managed to achieve at, or below, on-street parking
occupancy of 85% during peak periods.
The City Commission may reinvest a portion of any fiscal surplus from fees for permits into a
zone-specific benefit such as lowering parking permit fees for residents, infrastructure (sidewalk
repair, curb maintenance, etc.), or public transit enhancement. (NOTE: zone permit revenues –
zone expenditures = fiscal surplus).
Where are Parking Benefit Zones located? Parking Benefit Zones would exist at
locations within the Downtown Parking Management District where peak period on-street
parking occupancy is at 85% or higher. At the time of adoption of Ordinance 2033 the
City has not created a parking benefit zone. If such a zone is created, residents within the
proposed zone will be notified prior to its creation.
Who can purchase a permit to park in a Parking Benefit Zone? Residents of a
Parking Benefit Zone can purchase annual resident on-street parking permits. Non-
residents, or those that live in an apartment building (5 or more) within a parking benefit
zone, are eligible to purchase monthly non-resident on-street parking permits depending
on availability.
Can Visitor permits be purchased? How many? Each dwelling within a Parking
Benefit Zone may purchase up to two (2) annual resident visitor on-street parking
permits. Dwellings located in an apartment building (5 or more) or non-residents are not
eligible to purchase annual visitor on-street parking permits.
Are resident/non-resident/visitor permits limited to one license plate? Utilizing the
on-line parking portal, permit holders can easily manage the license plates assigned to
resident, non-resident, and visitor permits.
What about service providers that need to park in the Parking Benefit Zone? Rules
for the management of Parking Benefit Zones to be adopted by the Bozeman Parking
Commission as required by Ordinance 2033, will likely include language similar to
existing municipal code for residential parking permit districts which states that service
providers with clearly marked vehicles, on a service call, may park without a permit in a
Parking Benefit Zone. Likewise, unmarked service vehicles can be assigned to a resident
on-street visitor permit, or purchase an annual service provider permit.
Can an on-street parking permit be assigned to a camper or trailer within a Parking
Benefit Zone? Yes. However, as with all vehicles, a camper or trailer parked on-street
must move every seventy-two (72) hours and obey all other parking rules.
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S 6TH AVE
S 4TH AVE
W ALDERSON ST
PLUM AVE
S TRACY AVE
N 9TH AVE
S BLACK AVE
N BOZEMAN AVE
N WALLACE AVE
S GRAND AVE
N 3RD AVE
W MENDENHALL ST
N 10TH AVE
N 11TH AVE
FRONT ST
N CHURCH AVE
S CHURCH AVE
S 5TH AVE
S 3RD AVE
S WILLSON AVE
W PEACH ST
N WILLSON AVE
E MENDENHALL ST
S BOZEMAN AVE
E STORY ST
N BROADWAY AVE
N MONTANA AVE
E PEACH ST
DURSTON RD
PERKINS PL
E BEALL ST
N 4TH AVE
BUTTONWOOD AVE
S 7TH AVE
S WALLACE AVE
CYPRESS AVE
LINDLEY PL
W ASPEN ST
GOLF WAY
E ASPEN ST
E BABCOCK ST
BOGERT PL
BRADY AVE
E SHORT ST
E DICKERSON ST
E PEACH ST
N 7TH AVE
W ASPEN ST
S 7TH AVE
S 8TH AVE
N 3RD AVE
Downtown Parking Management District
B-3 Zoning District 0 500 1,000 Feet
Downtown Parking Management District
Map intended for planning purposes only. 2/12/2020
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Ordinance 2033 - Exhibit A
64