HomeMy WebLinkAbout2024-10-15 Ordinance Item Number: 9.a.
r CITY OF IOWA CITY
COUNCIL ACTION REPORT
October 15, 2024
Ordinance amending Title 14, Zoning Code, to allow redemption centers in commercial and
industrial zones. (REZ24-0007)
Attachments: REZ24-0017 Memo w Attachments
Planning & Zoning Commission Correspondence
PZ 9.18.24 minutes
Ordinance
r
CITY OF I O W A CITY
MEMORANDUM
Date: September 18t", 2024
To: Planning &Zoning Commission
From: Madison Conley, Associate Planner, Neighborhood & Development Services
Re: Zoning Code Amendment (REZ24-0007) to allow redemption centers in commercial
and industrial zones
Introduction
In 1978 the state of Iowa enacted Iowa's Beverage Containers Control Law, also known as the
"Bottle Bill," which allows consumers to receive their return deposit when returning the empty
beverage container to a store or redemption center. Redemption centers are facilities where
consumers may return empty beverage containers and receive payment for the refund value of
the containers. In June 2022, the Bottle Bill was amended to allow stores, like grocery stores, to
opt out of redeeming containers if there is a redemption center nearby or if other criteria are met.
Some grocery stores have redemption centers affiliated with them. For example, the North Dodge
Hy-Vee located at 1125 N Dodge St. and zoned Community Commercial (CC-2) provides a space
for customers to redeem empty cans and bottles. Additionally, Iowa City has an existing
redemption center known as the Can Shed. This property is located at 611 Hollywood Blvd #3
and located in a General Industrial (1-1) zone; however, they would like to operate within a
commercial zone to expand their services, improve their collection process, and provide easier
access to the community. In order to allow for these changes, a code amendment is necessary.
Staff developed the proposed amendment (Attachment 1) which creates redemption centers as
a land use type, allows the use within commercial and research and industrial zones, and applies
appropriate standards for this use within commercial zones.
Current Regulations
Currently, the Zoning Code (Title 14) does not contain any specific language that assists with
defining, classifying, or regulating redemption centers. Historically, redemption centers located
within grocery stores have been allowed within commercial zones. However, any stand-alone
redemption center related use has been classified under the Waste Related Use category. The
Waste Related Use category is characterized by any uses that receive solid or liquid wastes from
others for disposal on the site or for transfer to another location; uses that collect sanitary wastes;
uses that recycle solid waste or recyclable materials; and uses that manufacture or produce goods
or energy from biological decomposition of organic material. Examples of this land use category
include recycling process facilities, sanitary landfills, limited use landfills, waste composting,
waste transfer stations energy recovery plants, sewage treatment plants, portable sanitary
collection equipment storage and pumping, and hazardous waste collection sites (14-4A-4). This
use is provisionally allowed in the General Industrial (1-1) and Heavy Industrial (1-2) zones.
With this interpretation, stand-alone redemption centers are only allowed in industrial zones. In
reviewing the proposal from the Can Shed, it became apparent to staff that classifying redemption
center uses as very intense industrial land uses comparable to landfills and recycling facilities did
not accurately reflect the intended use or how they proposed to operate.
September 18, 2024
Page 2
Proposed Amendments
The proposed amendment includes the following:
1. Creates a new use category— "Redemption Center",
2. Amends the table of allowable uses in commercial and industrial zones,
3. Provides a definition for"Redemption Center",
4. Creates provisional use standards for"Redemption Center", and
5. Outlines minimum parking requirements for"Redemption Center".
Use Regulations
The proposed amendment includes the creation of "Redemption Center" as a use category
characterized as an indoor facility that collects empty bottles and cans from consumers,
distributes payment of the refund value, and may utilize compressing machines. The proposed
accessory uses are offices and off-street parking. This use would include the following exceptions:
recycling processing facilities will continue to be classified as waste related uses, and
establishments that offer beverages for sale are classified as either sales-oriented retail, alcohol
sales oriented retail, eating establishment, or drinking establishment.
The proposed amendment proposes changes to the tables of allowable uses in the commercial
and industrial zones. Staff is proposing that redemption centers be allowed either as a use
permitted by right (P) or a provisional (PR) use subject to additional standards. Table 1 provides
further clarification.
Table 1: Zones Allowing Redemption Centers Either Provisionally or Permitted By-Right.
Zone Provisional v. Permitted Use
Commercial Office CO-1 PR
Neighborhood Commercial CN-1 PR
Highway Commercial (CH-1) P
Intensive Commercial CI-1 P
Community Commercial CC-2 PR
Central Business Service CB-2 PR
Central Business Support CB-5 PR
Central Business CB-10 PR
General Industrial 1-1 P
Heavy Industrial 1-2 P
Research Development Park (RDP) P
Office Research Park (ORP) P
Staff recommends allowing redemption centers by-right in research and industrial zones. Staff
has determined that the size limitations and prohibition on outdoor storage recommended for
provisional uses, which are discussed in the next section, are not needed in these more intensive
zones that allow outdoor storage.
Staff proposes that redemption centers be allowed by-right in the CH-1 and CI-1 zones. Although
these are commercial zones, these zones allow outdoor storage when certain standards like
adequate concealment of materials, setbacks, and screening requirements are met (14-2C-6).
These zones would allow more flexibility with size and outdoor storage of redemption centers
compared to the commercial zones in which this use is provisionally allowed.
Staff recommends allowing redemption centers provisionally in most commercial zones in order
to help protect the surrounding properties by mitigating potential negative externalities associated
with this use. Redemption centers that are allowed provisionally would be required to meet
specific use standards discussed below.
September 18, 2024
Page 3
Use Specific Standards
The proposed amendment recommends that zones where redemption centers are allowed as a
provisional use be subject to the following use specific standards:
1. Size of use limited to no more than 5,000 square feet.
2. Outdoor storage of any materials is not allowed.
The recommended use specific standards include a size limitation of no more than 5,000 square
feet and the prohibition of outdoor storage. Based off the research of other local jurisdictions,
restricting the size and outdoor storage is a common practice. Several jurisdictions in Oregon
have a 5,000 square foot size limitation. Additionally, the City's zoning code already uses 5,000
square feet as a maximum for other uses in commercial zones, such as Indoor Commercial
Recreational Uses in the CO-1 and CN-1 zones and Office Uses in the CN-1 zone. The proposed
size limitation is consistent with other size restrictions in the zoning code.
Regarding the prohibition on outdoor storage, the zones that would allow redemption centers
provisionally already prohibit outdoor storage. However, staff recommends adding this use
standard to provide further clarify to any redemption center business looking to operate in Iowa
City.
Staff is recommending that redemption centers be allowed in all commercial zones, including the
neighborhood commercial zones and zones that apply to the core of the city. Staff determined it
would be appropriate to apply these use specific standards in commercial zones that may abut
residential land uses in order to maintain the character and scale of intensity of the surrounding
properties. To further clarify, staff recommends applying these standards in all commercial zones
except the CH-1 and CI-1 zones where this use would be permitted by right, as well as industrial
zones. Therefore, if a redemption center wanted to increase their footprint or incorporate outdoor
storage, they would have the option to locate in a zone with more permissive standards.
Parking Requirements
The proposed amendment alters the minimum parking standards to include an on-site parking
ratio for redemption center uses. Staff recommends a ratio of 1 space per one thousand (1,000)
square feet of floor area with no required bicycle parking. Staff does not anticipate that this use
will require many parking spaces due to the nature of the business. Patrons will likely visit the
space to quickly receive their redemption and leave. Additionally, this is a minimum requirement.
If a particular redemption center anticipates a greater parking need, providing more parking
spaces would be allowed.
Analysis
Since the City's current regulations do not contemplate redemption centers, staff looked to how
other jurisdictions regulate this land use. Staff developed a list of local jurisdictions (Attachment
2) and analyzed how redemption centers are regulated.
Staff found value in looking to the State of Oregon. In Oregon, redemption centers are most often
considered commercial uses and viewed as some type of service provided to the community.
Many of the Oregon jurisdictions viewed redemption centers as a commercial use, but also felt it
was necessary to implement use specific standards in certain zones. Additionally, staff evaluated
how redemptions centers are regulated in Iowa. In Iowa, redemption centers are typically
industrial land uses, not the commercial land uses that exist in Oregon and envisioned by the Can
Shed. Table 2 summarizes how the cities of Portland, Bend, Gresham, and Des Moines regulate
redemption centers.
September 18, 2024
Page 4
Table 2: Examples of Redemption Center Regulations
City of Portland, OR
Use Classification: Commercial, Retail Sales and Services, Repair Oriented
Definition: Recycling Drop Off. A facility for the drop-off and temporary
holding of materials such as paper, cardboard, glass, metal,
plastic, batteries, and motor oil. Processing of materials is
limited to glass breaking and separation. Recycling materials
are not sold to a recycling drop-off center. A recycling drop-off
center is intended for household or consumer use. Use by
commercial or industrial establishments is not included.
Unattended drop-off stations for single materials, such as
newsprint, are also not included.
Zones Allowed: Allowed in a variety of mixed use and commercial zones,
including general employment and industrial zones.
Use Specific Standards: None
City of Bend, OR
Use Classification: Commercial
Definition: Indoor retail facility approved by the Oregon Liquor Control
Commission facilitating the return of empty beverage
containers and serving dealers of beverages, where any
person may return empty beverage containers and receive
payment of the refund value of such beverage containers.
Zones Allowed: Allowed in both commercial and industrial zones.
Use Specific Standards: - If the use is accessory to a primary industrial use, the
size limit cannot exceed 10 percent or 2,500 square
feet (whichever is greater).
- If the total gross floor area of use does not exceed
2,500 square feet, the use is considered primary. If
there are multiple uses that share one building, the
total building area shall not exceed 5,000 square feet.
A single use may occupy 5,000 square feet if approved
through a Conditional Use Permit and comply with
Commercial Design Review Standards.
City of Gresham, OR
Use Classification: Commercial, Business and Retail Service and Trade
Definition: An indoor retail facility approved by the Oregon Liquor Control
Commission facilitating the return of empty beverage
containers and serving dealers of beverages, where any
person may return empty beverage containers and receive
payment of the refund value of such beverage containers.
Zones Allowed: Allowed in a variety of commercial zones, including
neighborhood commercial, downtown, and industrial zones.
Use Specific Standards: None
City of Des Moines, IA
Use Classification: Industrial, Industrial Service-Intensive
Definition: Industrial Services-Industrial: Light uses involving outdoor
storage areas and uses involved in repair and maintenance
directly to business consumers or involving large equipment.
Examples include redemption centers.
Zones Allowed: Industrial zones
Use Specific Standards: - No part of the use may be a residential use.
- No odors, gases, noise, vibration, pollution of air, water
or soil, or lighting shall be emitted onto any adjoining
property so as to create a nuisance.
September 18, 2024
Page 5
For intensive uses, the owner or occupant must
provide the neighborhood services director with an
acceptable impacts statement describing the use and
the nature of any odors, gases, noise, vibration, and
other environmental impacts that may be generated by
such use; and certifying that the use upon the property
will be operated in a manner that does not permit any
odors, gases, noise, vibration, pollution of air, water or
soil, or lighting to be emitted onto any adjoining
property as to create a nuisance.
- For intensive uses, the use shall be operated in strict
conformance with the written statement provided to the
neighborhood services director.
- For intensive uses, all outdoor storage areas shall be
designed to allow no part of any stored material,
vehicles, or equipment to encroach into the required
setbacks.
- Outdoor storage of inoperable or unsafe vehicles in
quantities constituting a junk or salvage yard is
prohibited.
Table 2 demonstrates the range of different regulatory approaches that jurisdictions have taken.
For example, the City of Portland considers redemption centers as a "Retail Sales and Services"
use under the commercial category. "Retail Sales and Services" includes providing product repair
or services for consumer and business goods. Portland views redemption centers as a "Repair-
oriented" service and has classified them as "recycling drop-off" which accepts materials like
paper, cardboard, glass, metal, plastic, batteries, and motor oil.
The cities of Bend and Gresham categorize redemption centers as a commercial use. Both
jurisdictions recognize redemption centers as a stand-alone use make it clear that redemption
centers are indoor facilities that facilitate the return of empty beverage containers. This differs
from the City of Portland, which treats this use as a "recycling drop-off' and accepts a variety of
materials other than empty beverage containers.
The City of Des Moines moves further away from the approach that the cities of Bend or Gresham
have taken by considering redemption centers as an "Industrial Service". This jurisdiction finds
redemption centers to be similar to uses that deal with repair, maintenance, and large equipment.
Table 2 shows that while some jurisdictions consider redemption centers as a commercial service,
others, like Des Moines, classify these uses as industrial. This is also how the City of Iowa City
has historically classified these uses. Additionally, there is variation in how cities regulate this use
within commercial zones. On one end, the City of Portland allows the recycling of all types of
materials whereas the City of Gresham focuses on the redemption of empty beverage containers.
Anticipated Impact
Staff has prepared two maps that visually represent how the proposed amendment would apply
to land within the city.
Figure 1 shows the location of the zones where the proposed amendment would allow redemption
centers. Most of the areas are concentrated in the southern portion of the city since most of the
city's commercial and industrial land is in this area. Additional areas where the proposed
amendment would allow redemption centers include the center of the city, Old Towne Village,
Towncrest, and the area near the intersection of N. Dodge St and 1-80. See Attachment 3 for a
larger version of this map.
September 18, 2024
Page 6
Figure 1. Proposed Zones to Allow Redemption Centers
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Proposed Zones to Allow Redemption Centers
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Iowa City Zoning =Community Commercial Q General Industrial(II?
(CC2) -Heavy Industrial(I2)
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Figure 2 shows where the proposed amendment would allow redemption centers either as a
permitted use or as a provisional use. The green areas identify the areas where redemption
centers would be permitted by right. The yellow areas reflect land that would require compliance
with the proposed provisional use standards. See Attachment 4 for a larger version of this map.
September 18, 2024
Page 7
Figure 2. Redemption Centers: Proposed Permitted v. Provisional
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Redemption Centers: Proposed Permitted v. Provisional
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Permitted Use:CH-1,CI-1,I-1,I-2,RDP,ORP
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Consistency with Comprehensive Plan
The vision of the Comprehensive Plan supports a resilient economy that increases tax base,
stimulates job growth, and promotes the overall people's prosperity and progress. The plan
includes a goal to "Increase and diversify the property tax base by encouraging the retention and
expansion of existing businesses and attracting business that have growth potential and are
compatible with Iowa City's economy". A strategy that supports this goal is to provide an attractive
economic environment with streamlined, business-friendly culture by making regulatory and
permitting processes clear, predictable, and coordinated. Allowing redemption center uses in
commercial zones would make it easier for redemption center uses to locate in Iowa City.
One of the plan's economic development goals focuses on "Encouraging a healthy mix of
independent, locally-owned businesses and national businesses" with a strategy that aims to
establish strategies to retain and encourage growth of existing locally-owned businesses. The
Can Shed's proposition to expand to other areas of the community represents an opportunity to
help support local businesses and remove barriers to their growth in the community. The
proposed amendment helps existing businesses to want to stay in the community instead of
looking to relocate to neighboring cities.
The vision of the Comprehensive Plan focuses on protecting and enhancing the environment and
encouraging the responsible use of our natural and energy resources with a goal to "Continue to
track, measure and reduce energy consumption and greenhouse gas emissions," and "Raise
awareness and expand opportunities for waste reduction, energy efficiency, stormwater
management and other environmental issues". By allowing redemption centers in more areas of
September 18, 2024
Page 8
the city, community members will have increased access and opportunities to contribute to waste
reduction efforts.
Since the IC2030 Comprehensive Plan was adopted in 2013, the city has increasingly focused
on climate action. The city adopted the Climate Action and Adoption Plan in 2018, declared a
Climate Crisis in 2019 and Adopted the Accelerating Iowa City's Action Plan in 2020. The goal
set by these plans is to reduce carbon emissions by 45%from 2010 levels by 2030. The proposed
amendment would help further these goals by promoting waste reduction and contributing to the
community's recycling efforts.
Staff Recommendation
Staff recommends that Title 14, Zoning Code be amended as illustrated in Attachment 1 to allow
redemption centers either as a provisional use subject to use specific standard or permitted use
in commercial and industrial zones.
Attachments
1. Proposed Zoning Code Text Amendments
2. Local Jurisdiction Research
3. Map of Proposed Zones to Allow Redemption Centers
4. Map of Permitted vs. Provisional Zones
Approved by:
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
ATTACHMENT 1
Proposed Zoning Code Text Amendments
Attachment 1
Page 1
Draft Zoning Code Text
Underlined text is suggested new language. Strike-through notation indicates language to be
deleted
Amend Table 2C-1, Principal uses allowed in commercial zones, as follows:
Use Categories Subgroups CO-1 CN-1 CH-1 CI-1 CC-2 CB-2 CB-5 CB-10 MU
Redemption Center PR PR P P PR PR PR PR PR
Amend Table 2D-1, Principal uses allowed in industrial zones, as follows:
Use Categories Subgroups 1-1 1-2 RDP ORP
Redemption Center P P P P
Amend 14-4A-4, Commercial use categories, as follows:
J. Redemption Center Uses:
1. Characteristics: An indoor facility that collects bottles and cans from consumers,
distributes payment of the refund value, and may utilize compressing machines.
2. Examples: Redemption center facilities.
3. Accessory Uses: Offices; off street parking.
4. Exceptions:
a. Recycling processing facilities are classified as waste related uses.
b. Establishments that offer beverages for sale are classified as either sales
oriented retail, alcohol sales oriented retail, eating establishment, or drinking
establishment.
Surface Passenger Services:
Vehicle Repair Uses:
Amend 14-4B-4, Specific approval criteria for provisional uses and special exceptions, as follows:
B. Commercial Uses:
24. Redemption Center Uses in the CO-1, CN-1, CC-2, CB-2, CB-5, CB-10,And MU Zone:
a. Redemption center uses are limited to five thousand (5,000) square feet gross
floor area.
b. Outdoor storage of any materials is not allowed.
Amend Table 5A-2, Minimum parking requirements for all zones, except the CB-5, CB-10,
Riverfront Crossings zones and Eastside Mixed Use District, as follows:
Use Categories Subgroups Parking Requirement Bicycle Parking
Redemption Center 1 space per 1,000 square feet of floor area None required
ATTACHMENT 2
Local Jurisdiction Research
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Map of Proposed Zones to Allow Redemption Centers
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Planning and Zoning
September 18', 2024
Page 1 of 9
CASE NO. REZ24-0007
Consideration of an amendment to Title 14, Zoning Code, to allow redemption centers in
commercial and industrial zones.
Conley began the staff report with some background information on why this code amendment is
being proposed. Iowa's beverage containers control law, which is commonly known as the bottle
bill, allows consumers to receive the return deposit when returning empty beverage containers to
a store or redemption center. In June 2022, amendments were made to the bottle bill which
allows stores to opt out of redeeming containers if a redemption center is nearby, or if other
criteria are met. Redemption centers are facilities where consumers may return empty beverage
containers and receive payment for the refund value of those containers. Sometimes redemption
centers can be affiliated with some grocery stores as in the North Dodge HyVee, which is located
in a CC-2 (Community Commercial) zone. Iowa City also has the Can Shed which is an existing
redemption center located at 611 Hollywood Boulevard, Unit Three, located in a General
Industrial (1-1) zone. The Can Shed would like to operate within a commercial zone in order to
expand their services, improve their collection processes and provide easier access to the
community. As a result, staff is proposing this code amendment to allow redemption centers to
exist in commercial and industrial zones.
Currently, the zoning code does not contain any specific language that assists with defining,
classifying or regulating redemption centers and redemption centers are allowed in some grocery
stores and therefore have been allowed in commercial zones already. However stand-alone
redemption center related uses have historically been classified as a Waste Related Use. The
Waste Related Use category in the zoning code is characterized by any uses that receive solid
or liquid waste from others for disposal on the site or for transfer to another location; uses that
collect sanitary waste; uses that recycle solid waste or recyclable materials; and uses that
manufacture or produce goods or energy from biological decomposition of organic materials.
Some examples of Waste Related Uses include recycling processing facilities, sanitary landfills,
limited use landfills, waste composting, hazardous waste collection, etc. Waste Related Uses are
currently allowed provisionally in the General Industrial (1-1) and Heavy Industrial (1-2) zones.
For the purposes of the Can Shed the intended use and operation of this facility is not
comparable to the types of intense industrial uses seen in the Waste Related Use category,
therefore staff is proposing a code amendment which creates a new use category called
Redemption Center, amends the table of allowable uses in commercial and industrial zones,
provides a definition for Redemption Center, creates provisional use specific standards and
outlines minimum parking requirements for this use category.
The proposed amendment focuses on creating a new use category, Redemption Center which
would be placed under the Commercial Use category in the zoning code. Redemption Centers
would be characterized as an indoor facility that collects bottles and cans from consumers,
distributes payment of the refund value and may utilize compressing machines. Examples of
Redemption Center facilities accessory uses include offices and off-street parking. This use
would include the following exceptions: recycling processing facilities will continue to be
classified as a Waste Related Use, establishments that offer beverages for sale are classified as
Planning and Zoning Commission
September 18, 2024
Page 2 of 7
either sales-oriented retail, alcohol sales-oriented retail, eating establishment or drinking
establishment. The characterization of this use category helps define and regulate what
Redemption Centers would look like if this proposed amendment were to be adopted in Iowa
City.
Conley next shared the proposed zones that would allow this use. Redemption Centers would be
allowed in commercial and industrial zones, either as a use permitted by right or a provisional
use subject to additional use standards. The additional standards for this use would help protect
surrounding properties and mitigate potential negative externalities associated with this use. In
addition to be being permitted by right in all commercial and industrial zones, staff is
recommending that Redemption Centers be permitted by right in the Highway Commercial (CH-
1) and Intensive Commercial (CI-1) zones, since one of the additional standards proposed
discusses the allowance of outdoor storage and both zones allow outdoor storage when certain
criteria are met, such as concealment of materials, setbacks and screening requirement.
Staff has created use specific standards for Redemption Centers to adhere to when provisionally
allowed in the commercial zones listed in the table. The proposed use specific standards are as
follows, first, size of use limited to no more than 5000 square feet, and two, outdoor storage of
any materials is not allowed. Staff determined it would be appropriate to apply these use specific
standards in commercial zones that may abut residential land uses to help maintain the
character and scale of intensity of the surrounding properties. Conley noted also the location
jurisdiction research that staff conducted demonstrates the size restriction in many of the cities
and also the prohibition of outdoor storage as a common practice. There are several jurisdictions
in Oregon that utilizes the 5000 square foot maximum. Additionally, the Iowa City zoning code
has a size limit for other commercial zone uses such as a size limit for indoor commercial
recreational uses in the CO-1 and CN-1 zones as well as office uses in the CN-1 zone.
Additionally, staff developed a proposed minimum park ratio of one space per 1000 square feet
of floor area with no bicycle parking required. The justification for this parking ratio in is that a lot
of the patrons that visit redemption center facilities will likely leave the space fairly quickly after
they drop off their cans and receive their deposit so due to the nature of the business, staff does
not anticipate that this use will require many parking spaces. Additionally, if the redemption
center does find that they need more parking than the minimum, they are able to add more if
they see fit.
Conley next reviewed the analysis section. Since the City's current regulations do not really
consider redemption centers staff developed a list of local jurisdictions to analyze how other
areas regulate this use. Specifically, staff found value in analyzing jurisdictions in the state of
Oregon and Iowa. In Oregon, redemption centers are most often considered a commercial use,
viewed as a service provided to the community. This use is allowed in a variety of commercial
and industrial zones. Then in Iowa, redemption centers are typically categorized as an industrial
use, not as the commercial land uses that exist in Oregon and envisioned by the Can Shed and
primarily the zones that this use would be allowed in is solely industrial. Some of the Oregon
cities that they looked at were Portland, Bend, Gresham, Tigard and a couple more. In Iowa staff
looked at Des Moines, Cedar Rapids, Cedar Falls and a couple others. The local jurisdiction
research demonstrates the range of different regulatory approaches for redemption centers.
These jurisdictions highlight specific differences in how each city has decided to regulate
redemption centers in their zoning code. For this presentation Conley wanted to focus on the City
Planning and Zoning Commission
September 18, 2024
Page 3 of 7
of Portland, City of Bend and City of Gresham, as well as the City of Des Moines. Staff found
there were two main approaches taken by these local jurisdictions, either categorize redemption
centers as an existing use or to create a new use category. To start, the City of Portland chose to
view redemption centers as an existing commercial use in their zoning code under the Retail
Sales and Services category. Specifically, this use is considered repair-oriented and classified as
a recycling drop-off. The City of Portland defines recycling drop-off as a facility for the drop-off
and temporary holding of materials such as paper, cardboard, glass, metal, plastic, batteries and
motor oil. The Cities of Bend and Gresham take a different approach and they decided to
implement this land use as a standalone use category under the commercial use category in
their zoning code. Both cities chose to define redemption centers as an indoor facility that
facilitates the return of empty beverage containers. This differs from the City of Portland because
they do not accept such a large range of materials and only focus on the collection of empty
beverage containers. In Iowa, the City of Des Moines moves further away from both previous
approaches by considering redemption centers as an example of an Industrial Service. The City
of Des Moines code characterizes Industrial Service uses as uses that deal with repair,
maintenance and operation of large equipment. Overall, the variation of all these different
approaches demonstrates how drastically different each of these cities have chosen to regulate
redemption centers and also serve as a good example for staff to understand how to regulate
redemption centers in the proposed amendment.
Staff then looked at the use specific standards for this land use in each jurisdiction. Some cities,
for example, did not have any use specific standards, while others did. The City of Portland and
the City of Gresham do not have any additional use specific standards, but the City of Bend
decided to implement a size limit for 10%, or 2500 square feet, if the use is accessory and if it is
a single use it may occupy around 5000 square feet if approved through a conditional use permit.
The City of Des Moines includes standards that aim to mitigate any negative externalities of
industrial services. Therefore, analyzing the use specific standards of redemption centers in
other jurisdictions helped staff envision how the additional use standards would be appropriately
implemented into Iowa City zoning code. It's also important to consider the anticipated impact of
this proposed amendment so staff prepared two maps that visually represent how the proposed
amendment would apply to the land within the City. The first map shows the location of the zones
where the proposed amendment would allow redemption centers. Most areas are concentrated
in the southern portion of the City, since most of the City's commercial and industrial land is in
that area, and areas where the proposed amendment would allow redemption centers include
the center of the City, Old Town Village, Towncrest, and the area near the intersection of North
Dodge and 1-80. The second map shows where the proposed amendment would allow
redemption centers, either as a permitted or provisional use.
Next staff looked at the proposed amendment's consistency with the Comprehensive Plan. The
Comprehensive Plan includes a vision statement that supports a resilient economy, increases
tax base, stimulates job growth and promotes the overall people's prosperity and progress.
Additionally, the proposed amendment supports the following goals and strategies that are found
in the economic development section of the Comprehensive Plan. One of those goals is to
increase and diversify the property tax base by encouraging the retention and expansion of
existing businesses and attracting businesses that have growth potential and are compatible with
Iowa City's economy. A strategy that supports this goal is to provide an attractive economic
environment with streamlined business friendly culture by making regulatory and permitting
Planning and Zoning Commission
September 18, 2024
Page 4 of 7
processes clear, predictable and coordinated. The second goal would be encouraging a healthy
mix of independent locally owned businesses and national businesses. The strategy that
supports this is to retain and encourage growth of existing locally owned businesses is allowing
Redemption Centers uses in commercial zones which would make it easier for Redemption
Centers uses to locate in Iowa City. The Can Shed's proposition to expand to other areas in the
community represents an opportunity for the City to help support local businesses and remove
barriers to their growth in the community. The proposed amendment helps existing businesses to
also want to stay in the community instead of looking to relocate to other neighboring cities.
Another part of the vision statement includes protecting and enhancing the environment and
encouraging the responsible use of natural and energy resources. Environmental goals such as
to continue to track, measure and reduce energy consumption and greenhouse gas emissions,
raising awareness and expanding opportunities for waste reduction, energy efficiency,
stormwater management and other environmental issues. The goals that the proposed
amendment would also support if redemption centers are allowed in more areas of the City are
community members will have increased access and opportunities to contribute to waste
reduction efforts. Since the IC2030 Comprehensive Plan was adopted in 2013 the City has
increasingly focused on climate action. The City adopted the Climate Action and Adoption Plan in
2018 and a Climate Crisis was declared by the City in 2019 and adopted the Accelerating Iowa
City's Action Plan in 2020. These plans create a goal to reduce carbon emissions by 45% from
2010 levels by 2030 The proposed amendment would help further these goals by promoting
waste reduction and contributing to the community's recycling efforts.
Staff recommends that Title 14, Zoning Code be amended to allow redemption centers either as
a permitted use or a provisional use subject to use specific standards in commercial and industrial
zones.
Hensch is curious about why it's provisional for some of the commercial areas because before
the legislature did their misdeed and changed the law, all the convenience stores and grocery
stores accepted returns so why not be consistent with that. Conley responded by saying that
based off the local jurisdiction research that staff conducted, in addition to looking at the
provisional uses allowed in the zoning code, it seemed to be consistent and allowed the City the
ability to implement regulations that would help mitigate the negative externalities. Russett added
that the redemption centers that exist now in commercial zones are associated with some other
type of retail-oriented use, and with this amendment they are looking at stand alone, larger
facilities.
Hensch asked if then it's provisional use and additional standards are required, are there any
additional standards other than the two listed (5000 square feet and no outdoor storage). Conley
stated those are the two that staff are proposing. Hensch asked how those additional standards
would be applied or determined. Russett explained those would go before the Board of
Adjustment staff and would need to be determined as part of this text amendment. Hensch
asked what if the Commission or City Council were to propose additional standards in the future.
Russett stated they would have to go through another text amendment process.
Elliott asked if the City knows of any issues with the current situation where they're in commercial
zones within another building. Conley is not aware of any.
Planning and Zoning Commission
September 18, 2024
Page 5 of 7
Quellhorst asked why the areas of Office, Research and Research Development Park are
included in the permitted versus provisional use category, it seems to be an odd use in that zone.
Conley stated there's not a lot of areas that are zoned Office, Research and Research
Development Park and those use categories allow kind of quasi-industrial uses in those zones so
staff felt it appropriate to allow it as a permitted use.
Craig wondered why the current location isn't sufficient, it is a pretty centrally located space.
Conley noted currently the Can Shed is located in the general industrial zone and they are just
wanting to expand to other areas of the City.
Elliott noted she does see people on bicycles that look like they're going to redeem their cans so
why no bicycle parking required.
Quellhorst noted in this case the Redemption Centers definition is like an automated redemption
centers, like at a HyVee with the machines versus a staffed redemption centers. Conley stated it
depends on how the City wants to define it, but they chose that redemption centers would be
defined as a staffed facility. Russett noted the definition doesn't expressly state that it needs to
be staffed, that's something that is hard to regulate through zoning, but the Can Ched will speak
to their proposal. They are proposing that it to be staffed, but also function similarly to ones with
the automated machines. Goers stated the other thing he would note is on the exceptions,
particularly the second bullet point, establishments that offer beverages for sale are classified,
etc. and if something falls into one of those categories it would not be considered a redemption
center under this definition.
Townsend stated regarding the North Dodge HyVee having a redemption center that has not
been operational for some time, if they wanted to restore that, as the machines are still there,
could they. Conley replied yes, that would still be permissible.
Craig noted they talk consistently about cans but there are also glass redemption, does the Can
Shed take glass or are they proposing to take glass. Russett confirmed yes, the Can Shed will
take anything that has a deposit.
Townsend has a comment or a concern that why can't she go to any store that she pays deposit
on bottles and cans and take them back to that place. Hensch stated that was the Iowa
legislature and their wisdom in changing the law.
Hensch opened the public hearing.
Austin Geasland (Realtor, Q4 Real Estate) represents the Can Shed in their real estate
expansion throughout the corridor area. One thing he wanted to bring up is the space that they
are currently negotiating is on Gilbert Street, the old South Maple building and the space is 5500
square feet. Staff's amendment proposal is 5000 square feet maximum and while they
understand the logic and the reasoning there, in an effort to keep this deal alive and not lose it, is
there a way that they could structure the business and the layout to 5000 square feet of
redemption center and leave the other 500 square feet for employee offices, employee break
rooms, etc. That is a concern he has with the current wording of the amendment.
Planning and Zoning Commission
September 18, 2024
Page 6 of 7
Troy Willard (owner, Can Shed) stated what they're trying to do is raise their visibility, expand
their services for which they need more space than the building they're currently in, they're
maxed out. The current location is only about 2800-3,000 square feet. They have added a mobile
app where people can drop off bags of containers outside of staffed hours so they need an area
to drop those off as well. They also want to upgrade the equipment, the current automated
machines only allow cans to be put in one at a time but there's a technology out there for more of
a bulk dump. They take up about 25% of the time to count all the containers through and there's
also a bigger footprint for that type of machinery. Another reason for wanting to move is the
building Geasland was talking about has a lot more parking and there is a parking crunch where
they're currently at, and that is some of the motivation to move. Willard confirmed the North
Dodge HyVee hasn't redeemed containers since about 2020, back then and after the pandemic,
the Can Shed started doing more direct business representing HyVee as the redemption spot in
the City and took on all the responsibility for all the stores. Walmart is at the very end of using
their machines, they've used up their useful life and they have no interest in replacing them and
adding extra cost into their business model. He also wanted to note he understands the logic and
the explanations about the square footage thing and that would be a clarification he would want
to know before he makes any hard and fast decisions about leasing or buying space or building a
building. Also one of the natural progressions of the bottle bill in other states is they have been
taking it from carbonated and alcoholic beverages and moving to all beverage containers, which
would include water bottles, sport drinks, any type of non-carbonated container so he is trying to
look forward to that expansion and the space needs for that as well.
Craig asked if they would be moving their facility and just still have one. Willard confirmed that
was correct, they just need one that is more accessible and bigger and nicer. The new location
is only four blocks but it's in a major intersection and closer to the bank they use to grab money
to pay out to the customers so there's a lot of considerations going into that space there.
Criag asked if they work directly with commercial establishments, like a restaurant that sells cans
of beer, etc. Willard confirmed they do have business routes that they run, a couple times a
week to pick up cans and bottles from the downtown bar scene and any of the restaurants. They
generally cover an area anywhere from about 40 to 45 miles in and around Cedar Rapids.
They're mainly in Johnson County and Linn County, they spill into Iowa County a little bit as well
as Cedar County, Jones County, and Benton County.
Criag asked about the business model how do they make money if someone pays five cents for
a can and then gets the five cents back. Willard stated it is getting into some nuanced areas but
as a consumer buying stuff at HyVee, the distributor, Coke, Pepsi, Budweiser, originates the
deposit. When they sell it to the store, they collect the nickel from the store. The store collects a
nickel from the consumer and then the consumer gets their nickel back from the Can Shed or the
store. Then when the Can Shet takes the cans back to Coke, Pepsi or whatever distributor he
gets his nickel back and they pay him three cents on top of that. One of the misconceptions is
somehow the State's involved with that but it's totally managed financially through private
enterprises.
Craig asked what Coke does when they get their cans back. Willard explained they smash them
up, bail them up and recycle them. He noted they redeem about 106 million containers a year
through their five locations. They also go out and represent distributors and pick up other
Planning and Zoning Commission
September 18, 2024
Page 7 of 7
redemption centers and bring that material back to the facility in Cedar Rapids and combine it all
to make sure it's going back to end users and markets. Aluminum can turn into aluminum cans
again, the plastic has changed over the years, a lot of times it was being made into carpet
products but now it's going back to a bottle-to-bottle processing facility in Wisconsin. The glass
goes to Kansas City, there's a company down there that pulls all the brown glass out to make
beer bottles for Boulevard Brewery and the rest of it goes to a fiberglass insulation plant and gets
made into insulation.
Hensch closed the public hearing.
Craig moves to recommends that Title 14, Zoning Code be amended to allow redemption
centers either as a permitted use or a provisional use subject to use specific standards in
commercial and industrial zones.
Elliott seconded the motion.
Quellhorst noted it sounds like the Can Shed folks might want a space limit for provisional zones
in excess of 5000 square feet, is that something that staff would want to look into further or are
they still comfortable moving ahead with the 5000 square foot recommendation. Russett noted
they could still operate a 5000 square foot redemption center within that 5500 square foot space
they are looking at, the additional 500 square feet would just have to be used for some other
purpose, like their administrative purposes. However, if the Commission wants to increase it to
5500 staff doesn't really have any concerns with that either. She stated the one benefit of
sticking with 5000 is simply for consistency with how other size regulations are included in the
zoning code, 5000 is a very common number when looking at size limitations for uses.
Hensch noted right now it's limited to redeemable beverage containers but if the Iowa legislature
expands that to water bottles and other things they would have to come back and amend the
text. Russett stated yes, they would evaluate that at the time.
Hensch is in favor of approving this because this is truly an example of where they can facilitate
the public good. With the reduction of the redemption centers from what they formerly had; he
would have to guess that the amount going into the landfill has increased dramatically.
Additionally, a better location would make it better for the consumer in Iowa City and would be a
very positive action.
A vote was taken and the motion passed 7-0.
a
Prepared by: Madison Conley,Associate Planner,410 E.Washington Street, Iowa City, IA 52240;319-356-5132
Ordinance No.
Ordinance amending Title 14, Zoning Code, to allow redemption centers in
commercial and industrial zones. (REZ24-0007).
Whereas, the Iowa's Beverage Containers Control Law was amended in June 2022 to allow
stores to opt out of redeeming containers if there is a redemption center nearby or if other criteria
are met; and
Whereas, there is interest from a local business that operates a redemption center to expand
services, improve collection processes, and provide better access to the community; and
Whereas, the Comprehensive Plan includes a goal that aims to increase and diversify the property
tax base by encouraging the retention and expansion of existing businesses that are compatible
with Iowa City's economy and a strategy focused on creating an attractive economic environment
with streamlined, business-friendly culture by making regulatory and permitting processes clear;
and
Whereas, the Comprehensive Plan includes a goal that focuses on encouraging a healthy mix of
independent, locally-owned businesses and national businesses and a strategy focused on
retaining and encouraging the growth of existing locally-owned businesses; and
Whereas, the Comprehensive Plan includes a goal to raise awareness and expand opportunities
for waste reduction, energy efficiency, stormwater management and other environmental issues;
and
Whereas, the City Council adopted the Climate Action and Adaptation Plan in 2018 and declared
a Climate Crisis in 2019; and established a goal to reduce carbon emissions by 45% from 2010
levels by 2030; and
Whereas, the proposed amendments allow redemption centers to locate throughout the
community in commercial and industrial zones; and
Whereas, the Planning and Zoning Commission recommended approval of the Title 14 Zoning
Code amendments at its meeting on September 18, 2024; and
Whereas, it is in the City's best interest to adopt this ordinance.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Iowa City Code Title 14"Zoning Code" is hereby amended by deleting the strikethrough
text, adding the underlined text, and renumbering subsequent paragraphs accordingly:
A. Amend Table 2C-1: Principal Uses Allowed In Commercial Zones in Section 14-2C-2:
Commercial Zones, Land Uses Allowed, by adding the following underlined text:
Table 2C-1: Principal Uses Allowed in Commercial Zones
Use Categories Subgroups CO-1 CN-1 CH-1 CI-1 CC-2 CB-2 CB-5 CB-10 MU
Redemption Center PR PR P P PR PR PR PR PR
B. Amend Table 2D-1: Principal Uses Allowed In Industrial And Research Zones in Section 14-
2D-2: Industrial And Research Zones, Land Uses Allowed, by adding the following underlined
text:
Table 2D-1: Principal Uses Allowed in Industrial And Research Zones
Use Categories Subgroups I-1 1-2 RDP ORP
Redemption P P P P
Center
C. Amend 14-4A-4: Commercial Use Categories, by adding the following underlined text and
deleting the following text with a strikethrough:
J. Redemption Center Uses:
1. Characteristics: An indoor facility that collects bottles and cans from consumers,
distributes payment of the refund value, and may utilize compressing machines.
2. Examples: Redemption center facilities.
3. Accessory Uses: Offices; off street parking.
4. Exceptions:
a. Recycling processing facilities are classified as waste related uses.
b. Establishments that offer beverages for sale are classified as either sales
oriented retail, alcohol sales oriented retail, eating establishment, or drinking
establishment.
JK. Surface Passenger Services:
a4L. Vehicle Repair Uses:
D. Amend 14-4B-4B: Commercial Uses, by adding the following underlined text:
24. Redemption Center Uses in the CO-1, CN-1, CC-2, CB-2, CB-5, CB-10, And MU Zone:
a. Redemption center uses are limited to five thousand (5,000) square feet gross floor
area.
b. Outdoor storage of any materials is prohibited.
E. Amend Table 5A-2: Minimum Parking Requirements For All Zones, Except The CB-5, CB-10,
Riverfront Crossings Zones And Eastside Mixed Use District in Section 14-5A-4: Minimum
Parking Requirements, by adding the following underlined text:
Table 5A-2: Minimum Parking Requirements For All Zones, Except The CB-5, CB-10, Riverfront
Crossings Zones And Eastside Mixed Use District
Use Categories Subgroups Parking Requirement Bicycle Parking
Commercial uses:
Quick vehicle ...
servicing
Redemption Center 1 space per 1,000 square feet of floor area None required
Retail ...
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof no adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval, and
publication, as provided by law.
Passed and approved this day of , 2024.
Mayor
Approved by
Attest:
City Clerk City Attorn 's ffice 10/09/2024
Ordinance No.
Page 4
Moved by , seconded by , that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Alter
Bergus
Dunn
Harmsen
Moe
Salih
Teague
First Consideration: October 15, 2024
Vote for Passage: AYES:Alter, Bergus, Dunn, Harmsen. Moe, Salih, Teague
NAYS: None
ABSENT: None
Second Consideration:
Date Published:
Moved by , seconded by ,that the rule requiring ordinances to be
considered and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended,the second consideration and vote be waived, and the ordinance be voted
upon for final passage at this time.
AYES:
NAYS:
ABSENT:
Item Number: 9.b.
r CITY OF IOWA CITY
COUNCIL ACTION REPORT
October 15, 2024
Ordinance amending Title 14, entitled "Zoning Code", to address tobacco sales oriented retail
uses. (REZ24-0006) (First Consideration)
Attachments: Memo from City Attorney Goers
PZ Memo - 09.04.2024
PZ 9.4.24 Final Minutes
Ordinance
r
���,-4 CITY OF IOWA CITY
MEMORANDUM
Date: October 10, 2024
To: City Council
From: Eric R. Goers, City Attorney
Re: Tobacco permit ordinance grandfather rights
You may recall that at your October 1 st formal meeting Council inquired whether an amendment
changing the grandfather rights expiration time from 90 days to one year for cessation of tobacco sales
would constitute a substantive change. After expressing some hesitation, I opined that it was not. I
have been reconsidering that opinion ever since and have now come to the opinion that it is in fact a
substantive change.
The vote to approve the amendment was 3-2, giving indication that the matter was of enough
substance that it garnered vocal opposition and votes in the negative. Since that time, it has been
reported to me that some members of the public in affected areas consider it important enough to
articulate their opposition to the change. Finally, because this may be the subject of future litigation,
out of an abundance of caution, I think it would be the best course to take the conservative approach
and treat the October 15th meeting as the first reading. Absent future changes, I do not see reason to
send the ordinance back to the Planning and Zoning Commission for additional consideration.
As always, please feel free to contact me directly if you have questions or concerns.
Copy to:
Geoff Fruin, City Manager
Kellie Grace, City Clerk
Kirk Lehman, Assistant City Manager
Sue Dulek, First Assistant City Attorney
Tracy Hightshoe, NDS Director
Danielle Sitzman, Development Services Coordinator
Anne Russett, Senior Planner
r
=0- t. -4 CITY OF IOWA CITY
M E M O R A N D U M
Date: August 29, 2024
To: Planning &Zoning Commission
From: Eric R. Goers, City Attorney
Re: Zoning Code Amendments to create a Tobacco Retailer use, and create limitations
on where they can be located
Introduction
At their April 2nd, 2024 formal meeting, the Iowa City Council denied several tobacco permit
applications and expressed a desire to give thought and study to what could be done at a local
level to address the proliferation of tobacco retailers within City limits. At their May 7th, 2024
formal meeting, Council passed a moratorium on the issuance of new tobacco permits while
they studied more about what could be done. The moratorium runs until January 1st, 2025.
Council then engaged in several work sessions to discuss how to better address the tobacco
retailers, and the harmful health effects they bring to the community. At their July 16th, 2024
work session they direction the City Attorney to bring forth three draft ordinances for
consideration. Those included the following:
1. A zoning code amendment to impose 500' separation distance requirements between
tobacco retailers and other tobacco retailers, k-12 schools, and university property.
2. A cap on tobacco permits at the present 63.
3. A ban on kratom products.
At their August 6th and 20th, 2024 work sessions, Council discussed the ordinances, ultimately
deciding to proceed with the zoning code ordinance amendment and the creation of the kratom
ban, but not the permit cap. They tweaked the draft zoning code amendment on the topic of
grandfather rights, but otherwise accepted the draft ordinance as presented as appropriate to
send to Planning and Zoning for your consideration. I have attached that draft hereto
(Attachment 1.) Because it is a text amendment initiated by the City Council, the submittal
requirements of Iowa City Code 14-8D-5C do not apply.
Current Regulations
At present, there is no "Tobacco Sales Oriented Uses" under the City's zoning code. Nor are
there any restrictions specific to where tobacco retailers can operate, other than general
provisions related to commercial retail uses.
Proposed Amendments
The proposed amendment(Attachment 1) helps to enhance land use regulations related to
tobacco retailers in an effort to improve public health. This is consistent with advancing the
City's strategic value of safety and well-being for our community members.
The CDC has long concluded that there are significant health concerns related to public
consumption of tobacco, tobacco products, alternative nicotine products, and vapor products.
They report that smoking tobacco causes cancer, heart disease, stroke, lung diseases,
diabetes, and chronic obstructive pulmonary disease (COPD), which includes emphysema and
chronic bronchitis.
in Ordinance No. 15-4634 (codified at Section 6-10-2 of the City Code), the City Council found
that the use of e-cigarettes presents a serious and unknown public health threat and that in the
interests of protecting the health of the public and providing a healthy work-place environment
for its employees the City of Iowa City and prohibited the use of electronic cigarettes in all areas
where it is illegal to smoke tobacco products. Research shows that greater access and
availability of tobacco, tobacco products, alternative nicotine products, and vapor products leads
to greater use of those products, and thus greater public harm.
Iowa Code Chapter 453A governs the sale of tobacco, tobacco products, alternative nicotine
products, and vapor products within the state of Iowa, all of which are covered by retail tobacco
permits issued by the City. Chapter 453A grants cities the authority to issue retail tobacco
permits located within their city limits. Chapter 453A further grants cities the discretion to issue,
or not issue, tobacco permits within their city limits, pursuant to the city's own policies. For
these reasons, managing the location of tobacco retailers is an appropriate subject of zoning
law.
The proposed amendment contains seven parts, presented in the order in which they appear in
the ordinance, as follows:
1. Amends the table of allowable uses in commercial zones.
2. Amends the table of allowable uses in industrial and research zones.
3. Amends the table of allowable uses in form-based code areas.
4. Creates a new use category—"Tobacco sales oriented", for use in later sections.
5. Provides a definition tracking that use category.
6. Imposes a 500' separation buffer between tobacco retailers and other tobacco retailers,
k-12 schools, and colleges and universities, including all University property. These
provisions are modeled after our separation distance requirements for drinking
establishments.
7. Addresses grandfather rights for those tobacco retailers already operating. Under these
provisions, tobacco retailers would lose their grandfather rights if they have their permit
revoked, allow their permit to expire for more than 60 days, cease the sale of tobacco
products for at least 90 days, or change their use.
Analysis
Staff and Council believe controlling the density of tobacco retailers, as well as keeping them at
least 500' from youthful populations such as those found on and near school properties,
including college property (legal age for tobacco products is 21), will reduce the use of tobacco
products and their related substitutes. Current retailers are protected via the grandfather
provisions so as to prevent the forceful shuttering of businesses, or elements of those
businesses.
The federal Centers for Disease Control and Prevention (CDC) has an abundance of
information available about the detrimental health effects of both tobacco products and tobacco
alternatives. For more information, see their website here:
https://www.cdc.gov/tobacco/index.html. For more information about the effects of greater
tobacco retailer density, see the following article from the Journal Preventative Medicine, from
their January, 2022 volume: Associations Between Disparities in Tobacco Retailer Density and
Disparities in Tobacco Use, by Allison M. Glasser, MPH, Nathaniel Onnen, PhD, Peter F.
Craigmile, PhD, Elli Schwartz, BS, and Megan E. Roberts, PhD.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8750533/ The journal article also describes an
association between greater exposure to tobacco retailers and their marketing and price
promotions and greater tobacco use.
Anticipated Impact
Staff anticipates that the proposed zoning ordinance will stem the proliferation of tobacco
retailers in areas where there is already high density, such as downtown and along the Highway
1 and 6 corridors. The City has created a map showing the location of current tobacco retailers,
K-12 school property, and property owned by the Regents. Also included are 500' buffers for
both the retailer and school property. The map link can be found here: https://maps.iowa-
city org/portal/apes/instant/basic/index htmI?appid=ef233a2608104fa48ba72e5bf360aca0 Map
layers can be turned on and off via the layer function in the lower right-hand corner. Over time,
density may be reduced by attrition.
Staff Recommendation
Staff recommends that Title 14 Zoning be amended as detailed in Attachment 1 to enhance land
use regulations related to tobacco retailer use and to further implement the City's goals related
to public health.
Attachments
1. Proposed Zoning Code Text Amendments
Approved by:
Eric Goers, City Attorney
ATTACHMENT 1
Draft Zoning Code Text
Attachment 1
Draft Zoning Code Text
Underlined and/or bold text(within tables) is suggested new language. Strike-through notation
indicates language to be deleted.
Section I. Amendments
1. Title 14, entitled "Zoning Code", Chapter 2 entitled "Base Zones", Article C entitled "Commercial
Zones", Table 2C-1, entitled "Principal Uses Allowed in Commercial Zones", is amended by adding the
following bolded text to the "Retail uses" use category:
Table 2C-1: Principal Uses Allowed in Commercial Zones
Use Subgroups CO- CN- CH- Cl- CC- CB- CB- CB- MU
Categories 1 1 1 1 2 2 5 10
Retail uses' Alcohol sales PR PR P P PR PR PR PR
oriented retail
Delayed deposit PR
service uses
Hospitality oriented PR PR P P P P P P PR
retail
Outdoor storage and P PR
display oriented
Personal service P PR P P P P P PR
oriented
Repair oriented P P P P P
Sales oriented PR PR P P P P P PR
Tobacco sales PR PR PR PR PR PR PR PR
oriented
2. Title 14, entitled "Zoning Code", Chapter 2 entitled "Base Zones", Article D entitled "Industrial and
Research Zones", Table 2D-1, entitled "Principal Uses Allowed in Industrial and Research Zones", is
amended by adding the following bolded text to the "Retail' use category:
Table 2D-1: Principal Uses Allowed In Industrial And Research Zones
Use Categories Subgroups 1-1 1-2 RDP ORP
Retail Sales oriented
Personal service oriented
Alcohol sales oriented
Repair oriented
Hospitality oriented retail S S
Outdoor storage and display oriented
Tobacco sales oriented
3. Title 14, entitled "Zoning Code", Chapter 2 entitled "Base Zones", Article H entitled "Form-based
Zones and Standards", Table 14-2H-3B-1, entitled "Uses", is amended by adding the following bolded
text to the "Retail" use category:
Table 14-21-1-313-1: Uses
Use THE T3NG T3NG- T4NS T4NS- T4NM T4NM- T4MS Specific
Categories O O O Standards
Retail Uses
Sales - - P' - P' - P' P
Oriented
Personal P' - P' - P' P
Service
Oriented
Alcohol - - - - S' S' S 14-4B-4B-
Sales 15
Oriented
Hospitality PR PR PR PR PR PR PR PR 14-413-413-
Oriented 18(CN-1)
Tobacco - - PR' - PR' - PR' PR 144B-413-
Sales 24
Oriented
Indoor - - - - - PR/S 14-4B-4B-
Commercial 7
Recreational
Uses
General - - - S' - S' PR 14-4B-4B-
Animal 2(CN- 1)
Related
Commercial
Uses
4. Title 14, entitled "Zoning Code", Chapter 4 entitled "Use Regulations", Article A, entitled "Use
Categories", Section 4, entitled "Commercial Use Categories", Subsection I, entitled "Retail Uses", is
amended by adding the following Paragraph 2.(h.):
h Tobacco Sales Oriented: Any retailer actively engaged in the sale of tobacco products, cigarettes,
alternative nicotine products or vapor products all as defined in Iowa Code Chapter 453A, as
amended pursuant to a tobacco permit.
5. Title 14, entitled "Zoning Code", Chapter 9 entitled "Definitions", Article A, entitled "General
Definitions", Section 1, entitled "Definitions" is amended by adding the following definition:
Tobacco Sales Oriented Use: See "Retail uses" "Tobacco Sales Oriented" as defined in chapter 4,
Article A "Use Categories", of this Title.
6. Title 14, entitled "Zoning Code", Chapter 4 entitled "Use Regulations", Article B, entitled "Minor
Modifications, Variances, Special Exceptions, and Provisional Uses", Section 4, entitled "Specific
Approval Criteria for Provisional Uses and Special Exceptions", Subsection B, entitled "Commercial
Uses", is amended by adding the following Paragraph 24, entitled "Tobacco Sales Oriented Uses":
24 Tobacco Sales Oriented Uses: A tobacco sales oriented use, as defined in this title, must be
separated by a minimum distance of five hundred feet (500')from any other tobacco sales oriented
use any general educational facility, and any college and university, as defined by this title. For
purposes of the distance separation requirements within this Paragraph "college and universities"
shall include all property owned by the Iowa Board of Regents. Distance shall be measured along a
straight line from the nearest property line (or nearest point of the leased building space) of the
proposed use to the nearest property line (or nearest point of the leased building space) of any
other tobacco sales oriented use general educational facility, or any college or university. For
example in the case of a tobacco sales oriented use that is located on a lot with multiple leased
building spaces such as a shopping mall the distance is measured from the nearest point of the
leased building space occupied by a tobacco sales oriented use to the nearest property line or
leased building space of any other tobacco sales oriented use general educational facility, or
college and university.
7. Title 14, entitled "Zoning Code", Chapter 4 entitled "Use Regulations", Article E, entitled
"Nonconforming Situations", Section 5, entitled "Regulation of Nonconforming Uses", is amended to
add the following Subsection H, entitled "Nonconforming Tobacco Sales Oriented Uses":
H. Nonconforminq Tobacco Sales Oriented Uses: In addition to the other provisions in this section,
the following provisions apply to nonconforming tobacco sales oriented uses:
1 Any "tobacco sales oriented uses" as defined in this title that was legally established prior
to the effective date hereof and that is nonconforming with regard to separation distances required
under this title may continue unless any of the following conditions occur. If any of these conditions
occur, then nonconforming rights cease and the use must convert to a conforming use:
a. The tobacco permit is revoked; or
b. The tobacco permit lapses or is discontinued for a period of sixty(60) days or more; or
c. The tobacco sales oriented use ceases for a period of ninety (90) days or more; or
d. There has been a change of use as defined in Section 14-4E-5B.
MINUTES FINAL
PLANNING AND ZONING COMMISSION
SEPTEMBER 4, 2024 -6:OO PM — FORMAL MEETING
E M MA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Susan Craig, Maggie Elliott, Steve Miller, Scott Quellhorst, Billie
Townsend, Chad Wade
MEMBERS ABSENT: Mike Hensch
STAFF PRESENT: Eric Goers, Anne Russett
OTHERS PRESENT: Kristian Nixon, Jonathan Lewallen, Dana Haverkamp, Jenna Dyroft
RECOMMENDATIONS TO COUNCIL:
By a vote of 5-1 (Wade dissenting) the Commission recommends approval of REZ24-0006 an
amendment to Title 14 Zoning as detailed in Attachment 1 to enhance land use regulations
related to tobacco retailer use and to further implement the City's goals related to public health.
CALL TO ORDER:
Craig called the meeting to order at 6:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
CASE NO. REZ24-0006
Consideration of an amendment to Title 14, entitled "Zoning Code", to address tobacco sales-
oriented uses.
Goers began the staff report with a little bit of the history about why tobacco regulation comes
before the Planning & Zoning Commission as it is not something they are normally tasked with
addressing. At the April 2 City Council meeting the Council voted to deny several tobacco
permits, notifying staff that there was something up and that Council wanted to discuss the issue
of tobacco regulation. Staff came back with a moratorium at their May 7 meeting that put the halt
on all new tobacco permit applications at that point so Council would have time to consider how
to regulate, if at all, tobacco permits. Goers explained that moratorium runs through the end of
this calendar year. Council then engaged in several work sessions, the first being on July 16, at
which Council tasked him with drafting three ordinance amendments. One is a zoning ordinance
amendment that is for their consideration this evening having to do with distance separations
between retailers and each other, and also retailers and either K- 12 schools or University
property. The second ordinance amendment was having to do with putting a cap on tobacco
permits issued throughout the City and the third had to do with banning kratom, an herbal
substance that he is still learning about. Ultimately through a couple of additional work sessions
on August 6 and August 20, Council directed to not to move forward with the permit cap, but to
move forward with the other two ordinance amendments of a kratom band and the zoning
ordinance.
Goers noted the draft ordinance amendment was included in the agenda packet and he worked
Planning and Zoning Commission
September 4, 2024
Page 2 of 8
closely with the assistance of the urban planning staff on it. He also just wanted to make it clear
tobacco retailers use is not something that's currently regulated under Iowa City zoning and it is
a use that they've had to create in order to effectuate change that Council would like to consider.
Therefore, there's nothing in the zoning code at present to compare to see how this is going to fit
in with present regulation. The ordinance structure is modeled on alcohol zoning which at
present has a couple of different separation distance measures in the code. One is 500 feet
between drinking establishments, places that have licenses for on-premises consumption (bars),
and the other is 1000-foot separation distance for off-premises consumption (liquor stores or
places that sell alcohol for off-premises consumption). With the alcohol ordinance there are a
couple of other caveats regarding accessory uses and so forth and it gets to be a little tricky but
with tobacco is quite a bit more straightforward, either they have a tobacco permit or they don't.
Staff did include some grandfather provisions, as they are apt to do on zoning measures
because there are a number of retailers that are within 500 feet of each other at present or are
within 500 feet of a school or university property. In the ordinance amendment it is stated that
grandfathered retailers will have 60 days to allow their permit to lapse and if their permit lapses
for more than 60 days they lose their grandfather rights and will have to cease selling tobacco.
Goers noted that could mean a rehabilitation or remodeling project that would close down a shop
and not sell for more than 60 days would also lose grandfather rights and their tobacco permit
revoked.
Goers showed a map that displayed the present location of both school property and current
tobacco retailers, of which there are presently 62. He pointed out the tobacco retailers within a
500-foot buffer around University property or K- 12 school property. He noted in the downtown
area there would likely not be an ability of any new retailers to come in but in other parts of the
City there would be a little bit more opportunity.
In so far as staffing is concerned, because the clerk's office already does tobacco permit
applications and manages all of that, they would likely just continue managing this part of it and
all they would really need to do is type in an address and then see whether it falls under one of
the buffers or if it was in the clear and thus could be approved.
Therefore, staff recommends that Title 14 Zoning be amended as detailed in Attachment 1 to
enhance land use regulations related to tobacco retailer use and to further implement the City's
goals related to public health.
Townsend asked if this is a new issue and are there more tobacco retailers. Goers explained
there has been an increase in tobacco retailers recently, insofar as tobacco retailers include
convenience stores, grocery stores, drug stores, a lot of businesses for which the sale of tobacco
and tobacco products is not their primary concern. Additionally vape shops and everything they
sell would fall under the tobacco licensing. Goers also clarified the tobacco permits cover both
traditional tobacco products like cigarettes and cigars, pipe tobacco, but also vapes, alternative
nicotine delivery systems, but not kratom, that is a separate ordinance amendment.
Wade noted Goers mentioned alternative nicotine products and that the definition of tobacco
sales-oriented business would include any business that sells alternative nicotine products.
Looking at the definition in the Iowa code it seems pretty broad, like it might pull in, for example,
Target which sells nicotine lozenges, is that accurate, and if so, is that the intent of the
ordinance. Goers stated he would need to look to see whether nicotine lozenges fall under the
definition of products that require a tobacco permit. For this ordinance amendment the definition
Planning and Zoning Commission
September 4, 2024
Page 3 of 8
is if they need a tobacco permit, then this applies to them. If they do not need a tobacco permit,
then it does not. Wade stated he is just trying to understand whether these restrictions would
apply to something like ZYN which is an alternative to chewing tobacco and would be sold at a
grocery store or pharmacy, it's more of a recreational nicotine product, as opposed to lozenges
and gums which would typically be used for smoking cessation. Goers will look at Iowa Code
Chapter 453A which defines some of those products and can circle back.
Wade also asked if this were to pass would new tobacco shops need to seek approval for a
provisional use from the Board of Adjustment or would they just go to the City Clerk. Goers
stated it would be handed by the City Clerk's office.
Goers noted in the ordinance that there are a number of charts that talk about whether they
would be allowable under certain zones and there he would depend on the planning staff to help
with the process by which they would secure the approvals that they need and if it's a provisional
use, or something like that in a particular zone, planning staff would assist but in so far as the
Clerk's concerned in issuing the tobacco permit, it would just be are they within 500 feet, yes or
no.
Wade asked if there would be any mechanism for an exception to that rule other than
grandfathering. Goers confirmed there would not.
Townsend asked if a company that has been grandfathered in goes out of business or for some
reason can't continue to operate, no one can come in and replace that shop. Goers confirmed
that would only be correct if there is a lapse of a permit of more than 60 days and/or a cessation
of sales for more than 90 days. If a convenience store went out of business, and a month later
got bought up by Casey's or something, Casey's can open up shop and get a permit, that would
be fine. There are 62 permits at present and while Council originally wanted a cap on permits
they chose not to move forward with that. Permits will be allowed so long as they are not within
the 500 feet of another permit.
Miller noticed when looking at the map he was just kind of surprised that Hy-Vee and grocery
stores were on there, he was thinking that vape shops was what they're trying to limit with this
legislation. It doesn't seem like anyone would want to limit having another grocery store within a
certain radius of vape shop. Goers stated there was some discussion of that and City staff met a
couple times with Susan Valetta, who's a Johnson County Public Health Educator, and based on
her research she indicated that she's more concerned with the convenience stores and the
grocery stores because there's greater exposure to children as children go into those places all
the time. Whereas it would be surprising and unusual for a child to wander into a vape store and
it's about exposure and normalizing of use that leads to greater problems down the line. If there's
a higher density and higher availability of exposure, particularly to young people, then they're
more likely to become users.
Miller asked if all or most grocery stores have tobacco permits. Goers hasn't checked on that but
believes most grocery stores have tobacco permits as well as most convenience stores also.
Craig stated then if the Hy-Ve Drug that's on First Avenue, which certainly is within 500 feet of
Regina, if that went out of business, unless someone else came along and bought the business
or secured a permit within 60 days of a lapsed permit they would lose their grandfather rights.
Goers confirmed that was correct.
Planning and Zoning Commission
September 4, 2024
Page 4 of 8
Craig stated the impetus for this concern from Council is a health one and Goers replied that was
correct.
Goers stated regarding the question about the alternative nicotine products and the list under
State code which is incorporated through this ordinance states alternative nicotine product
means a product not consisting of/or containing tobacco that provides for the ingestion, into the
body of nicotine, whether by chewing (nicotine gum), absorbing, dissolving, inhaling, snorting or
sniffing, or by any other means. Alternative nicotine product does not include cigarettes, tobacco
products or vapor products as each of those also require a tobacco permit, or a product that is
regulated by the Food and Drug Administration. So, it appears that any kind of nicotine gum or
anything like that would require a tobacco permit.
Wade asked if a location had a move because of loss of lease or something like that do they fall
under the new rule as soon as they move locations and have to be greater than 500 feet, and the
grandfathering would no longer apply. Goers confirmed that is correct because zoning regulation
is about the use and not the user. So, if a tobacco retailer wants to move from location B to
location C it has to be outside of 500 feet and eligible.
Wade asked also about an explanation on why locations of education facilities from 18 and
younger and college or universities are the treated the same. Goers stated the law used to be
one only need to be 18 to consume tobacco products but now it is 21 and probably half or more
of the student body at the University of Iowa is under 21.
Craig opened the public hearing.
Kristian Nixon (student, University of Iowa College of Law) was wondering if there's been any
research on the increase in property value that the smoke shop owners might have, since they
already have these locations that are close to the schools. Goers stated they haven't done any
research on that but are cognizant of the changes because of the alcohol one upon which this
tobacco ordinance is largely modeled. The proposed ordinance is kind of locking in some
locations, because if they ever stop that use they will lose those grandfather rights and they are
aware of landlords who require, as part of their lease with their tenants, that they continue to
engage in the sale of alcohol and so forth as to preserve that right. Nixon also asked if there is
currently a limit to how much product they could have, for example could one of these places
expand upwards if they have a tall building. Goers replied that would be an expansion of a non-
conforming use and would not be allowed.
Jonathan Lewallen (student, University of Iowa College of Law) asked if there's been any
consideration to the effect this ordinance could have on currently vacant properties with
infrastructure for gas station use. For example, the closed gas station on Mormon Trek and the
closed gas station downtown. Is there a risk that would be locking out the reopening of those
businesses with this ordinance. Goers is not sure the Council would use the word risk to
characterize that, but yes there is some possibility that if this passes and the use ceases.
Currently there remains a tobacco permit in place for the former Kum & Go at Mormon Trek and
Benton. He doesn't recall if there's one at the intersection of Burlington and Madison.
Dana Haverkamp (student, University of Iowa College of Law) stated as per the Iowa code,
under the alternative tobacco products, or nicotine products, nicotine patches would also fall
under that definition, is there a benefit for restricting the sale of nicotine patches that an
Planning and Zoning Commission
September 4, 2024
Page 5 of 8
exception would not be a better idea to allow the sale for reducing the usage of nicotine in the
first place. Goers noted there is an exception for products that are regulated as a drug or device
by the US Food and Drug Administration and if nicotine patches fall under that category it would
not apply. If they do not, and they otherwise fall under the definition of alternative nicotine
products, this ordinance would apply to their application. Haverkamp stated there's no intent to
make an exception for things that are preventative. Goers replied no, the City is bound by the
State's regulations regarding alternative nicotine products and how they are defined. Haverkamp
asked specifically for this new zoning permission why not make an exception for products that
are aimed at reducing the use of nicotine, rather than having a blanket statement preventing this
sale of nicotine and tobacco products. Goers stated the City is defaulting to the State's definition.
There's a reason why some products are regulated and require a tobacco permit and that some
are not and so they're just following the State code in that way. Haverkamp noted the majority of
individuals that start smoking to begin with are individuals who are interacting with already
people that smoke, such as family and friends, things of that nature, so how would they view
restricting the locations themselves as a way that would actually reduce the influence of nicotine
usage in the first place, like in children. The locations in themselves are not typically what's
actually getting them to start smoking in the first place. Goers acknowledged it's difficult to
regulate tobacco use within the home.
Jenna Dyroft (student, University of Iowa College of Law)wanted to put forth the idea that
perhaps this measure might be a little bit counterintuitive, they were speaking about how many
grocery stores sell tobacco products, but primarily this seems like it's targeted at a typical vape
shop, but because it's modeled off of alcohol prohibited measures it's including grocery stores,
etc. She thinks it's worth considering looking at how the City is set up, a lot of the bars and liquor
stores are concentrated in the downtown area and this measure is making it so that it's basically
prohibiting any new stores from being in the downtown area which might encourage people to
open new stores in the peripheral of the City, which would, in effect spread out tobacco use
across the whole City, instead of maybe concentrating it in more of that downtown nightlife area.
Russett noted residential zones do not permit tobacco or alcohol-oriented retail.
Craig closed the public hearing.
Elliott moved to approve REZ24-0006 an amendment to Title 14 Zoning as detailed in
Attachment 1 to enhance land use regulations related to tobacco retailer use and to
further implement the City's goals related to public health.
Townsend seconded the motion.
Quellhorst states he generally supports the proposal but would oppose the motion because he
thinks that they should exclude alternative nicotine products, or at least tobacco cessation
products like gums and lozenges. His concern is that this definition of alternative nicotine
products sweeps pretty broadly and makes it would make it more difficult for businesses like
pharmacies, for example, or Target to enter downtown and other areas. And then, relatedly, the
impetus behind this measure is to protect public health and he doesn't see the same public
health concerns with lozenges, gums and other tobacco cessation products as he does with
vapes and cigarettes, for example. For those reasons he supports the notion behind the proposal
but doesn't support this particular motion.
Planning and Zoning Commission
September 4, 2024
Page 6 of 8
Wade appreciates Quellhorst catching that because that's something he would not have realized,
the nicotine patches and so on.
Elliott noted they don't know for sure that that's the case, there is an exception perhaps for
nicotine patches and she assumes they're somehow regulated by the FDA.
Wade wouldn't want to get in a situation where a new Walgreens, for example, is interested in
doing business downtown but either couldn't do so or would get caught up in a lot of red tape,
due to this ordinance.
Townsend would be in favor of this, 500 feet is not a long way to walk if someone can't find the
products that they're looking for. Iowa City doesn't need more vape and tobacco shops in the
downtown area there's already an abundance of the vape shops and tobacco shops and places
that offer those things.
Wade's concern is less with another vape shop, which he agrees that they don't need more of
and more that a business that may happen to sell tobacco cessation products, like a Target or
CVS, can't get a tobacco license because of the ordinance. If the City Attorney is of the opinion
that those sorts of businesses wouldn't be prohibited by this ordinance, then he'd be comfortable
supporting it.
Goers noted looking it up, according to the CDC nicotine patches are an FDA approved medicine
and nicotine gum, also, according to the Center for Disease Control, is an FDA approved
medicine. Therefore, both would fall under the exception of alternative nicotine product.
Miller asked just to clarify that would mean that they do not need a tobacco permit to sell it.
Goers confirmed that is his reading of the definition of alternative nicotine products.
Miller stated he will support this as the intent behind this is reducing the number of vape shops,
especially downtown. His only concern is about what Commissioner Wade brought up with
institutionalizing these locations as forever a vape shop. What happens if this becomes a
problem. Goers replied there could be an ordinance amendment and because this is a zoning
ordinance it would need to come before this Commission again before Council took it up if there
was a change. He also noted insofar as the question about institutionalizing, that was something
at the staff level they considered as well but also have to consider the alternative, and that there
will just be more of them.
Craig stated that's why she's in favor of this zoning change, because it's always a tradeoff, they
have to trade something away to get something that they feel is important enough, and she
thinks in this case, it's a fair trade.
Wade thinks the intention is probably good, the devil is in the details and it may have some
unintended consequences. He also thinks that 90 days without the sale of tobacco products is a
little on the short side and would hate to have a business get hit with a tornado or natural
disaster and then as a result lose their permit and ability to sell.
Wade asked if there is a reason why they did not take a different approach, like a per capita
permit approach, and instead really focused on zoning mechanism. Goers stated one point
Council was considering that, and had him draft one, but ultimately looking at the map they
Planning and Zoning Commission
September 4, 2024
Page 7 of 8
thought that the zoning would really address their concerns and it wouldn't prevent a new
grocery store from going into an area that maybe is underserved at present, part of a food desert
or something. And if that grocery store felt like they needed to sell tobacco in order to pencil out
and make a go of it, that that was probably a net benefit, and they didn't want a permit cap to get
in the way of something like that.
A vote was taken and the motion passed 5-1 (Wade dissenting).
CONSIDERATION OF MEETING MINUTES: JUNE 26, 2024:
Elliott moved to approve the meeting minutes from June 26, 2024. Wade seconded the motion,
a vote was taken and the motion passed 6-0.
PLANNING AND ZONING INFORMATION:
Craig introduced the new Commission member, Steve Miller. Miller stated he is an architect who
is really interested in planning and zoning and looking forward to learning more. His first City
board or commission was public art and he did that for just over two terms.
Russett updated that the two rezonings that were considered in June were both approved by
Council, the 1215 Camp Cardinal Road and 2255 North Dubuque Road for the school district
property.
ADJOURNMENT:
Elliott moved to adjourn, Wade seconded and the motion passed 6-0.
r 1
7, srm�� City Council Supplemental Meeting Packet
CITY OF IOWA CITY October 15, 2024
Information submitted between distribution of the Supplemental Meeting Packet 1 on Monday
and 3:00 pm on Tuesday.
Late Handout(s)
6.k. Dodge Street Reconstruction Project - See Staff response to correspondence
from Audrey Bahrick and City Council correspondence from Sharon DeGraw
9.b. Zoning Code Amendment - Tobacco Sales Oriented Retail Uses - See
correspondence from Betsy Potter on behalf of the Iowa City Downtown District
Legislative Committee
10.a. Kratom Ban - See correspondence from Michael Rivera
October 15,2024 City of Iowa City
Kellie Grace
From: Betsy Potter <betsy@downtowniowacity.com>
Sent: Tuesday, October 15, 2024 1:26 PM
To: Bruce Teague;Joshua Moe; Laura Bergus; Megan Alter; Mazahir Salih; Andrew Dunn;
Shawn Harmsen; *City Council; Kellie Grace
Cc: Lea McRoberts; Sophie Donta;Josh Immerfall;Jason Paulios; Betsy Potter; Cady Gerlach;
Karen Kubby;Wendy Zimmermann; Kris Kass; Mackenzie DeRoo
Subject: ICDD Advocacy - Letter to City Council
Attachments: We sent you safe versions of your files; Tobacco Permit Advocacy Letter.pdf
Late Handouts Distributed
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Mayor Teague and the City of Iowa City Council members,
Please accept this letter from the Iowa City Downtown District Legislative Committee with our advocacy on
considerations surrounding tobacco licenses and their impacts on downtown.
We appreciate your continued work on this public health issue.
Thank you for your service,
Betsy Potter, LPM
Executive Director
she, her, hers
www.downtowniowacity.com
betsy@downtowniowacity.com
103 E College St. Suite 200
319-354-0863
Cell: 319-331-9557
1
IONA Cm 91NTON11 NSTI(T
October 15, 2024
Mayor Teague and the City Council
City of Iowa City
410 E. Washington Street
Iowa City, Iowa 52240
Dear Mayor Teague and City Council Members,
On behalf of the Iowa City Downtown District (ICDD), I would like to express our sincere
gratitude for your recent conversations and steps to place restrictions on tobacco licenses within
the city. This decision demonstrates a strong commitment to public health and community
well-being—values that align closely with our goals outlined in the ICDD's advocacy statement
to create a vibrant and welcoming downtown environment with a healthy business mix.
We are particularly pleased with the Council's efforts to establish zoning restrictions between
tobacco retailers and sensitive areas such as schools, which will help protect young people from
the harmful effects of tobacco. Additionally, we appreciate the Council's focus on maintaining a
balanced approach to regulating where tobacco retailers can operate, ensuring that these
businesses do not negatively impact public health or the overall downtown experience.
Downtown has seen a notable increase in the number of tobacco retailers, resulting in an
over-saturation. While we support the City's efforts, the ICDD continues to have concerns with
preserving a diverse retail landscape. We aim to restore spaces for soft goods retail, which are
critical to fostering a balanced business environment.
For these reasons, we support the originally proposed 90-day permit renewal timeline, as it
provides a reasonable balance between business support and effective regulation. Additionally:
1. Timely Oversight: A 90-day renewal cycle ensures regular and effective oversight of
businesses, allowing the city to address non-compliance issues swiftly and adapt to
evolving community needs.
2. Operational Flexibility: The shorter permit timeline encourages businesses to stay
aligned and on top of their business priorities without creating unnecessary
administrative burdens. It also provides more agility for the city to evaluate the impact of
these businesses in the context of public health priorities.
As an organization focused on supporting a diverse business mix, we believe these restrictions
will enhance the overall health, safety, and quality of life in our community. We look forward to
continued collaboration with the City Council and other stakeholders to ensure that Iowa City
remains a place where businesses can thrive while prioritizing the well-being of residents and
visitors.
Thank you again for your thoughtful leadership on this important issue. We remain committed to
working together as partners in the stewardship of downtown Iowa City.
Sincerely,
9a.t0.3/06,--6&1A,
Betsy Potter
Iowa City Downtown District
CC: ICDD Legislative Committee
CBb
Prepared by: Eric Goers, City Attorney, 410 E.Washington Street, Iowa City, IA 52240; 319-356-5030
Ordinance Number
Ordinance amending Title 14, entitled "Zoning Code", to address Tobacco
Sales Oriented Retail Uses. (REZ24-0006).
Whereas, Iowa City has seen within its borders an increased presence of retail outlets primarily
focused on retail sales of tobacco, tobacco products, alternative nicotine products, and vapor
products; and
Whereas, there are significant health concerns related to public consumption of tobacco,
tobacco products, alternative nicotine products, and vapor products; and
Whereas, the Center for Disease Control (CDC) reports that smoking tobacco causes cancer,
heart disease, stroke, lung diseases, diabetes, and chronic obstructive pulmonary disease
(COPD), which includes emphysema and chronic bronchitis; and
Whereas, according to the CDC, nearly 9 out of 10 adults who smoke cigarettes daily first tried
smoking by age 18; and
Whereas, according to the CDC, smokeless tobacco products can cause mouth cancer, gum
disease, and tooth loss; and
Whereas, according to the CDC, 1.5% of high school students in 2023 were current users of
smokeless tobacco products; and
Whereas, in Ordinance No. 15-4634 (codified at Section 6-10-2), the City Council found that the
use of e-cigarettes presents a serious and unknown public health threat and that in the interests
of protecting the health of the public and providing a healthy work-place environment for its
employees the City of Iowa City and prohibited the use of electronic cigarettes in all areas
where it is illegal to smoke tobacco products; and
Whereas, according to the CDC, in 2023, 2.13 million U.S. middle and high school students had
used e-cigarettes in the past 30 days, including 4.6% of middle school students and 10.0% of
high school students; and
Whereas, Chapter 142D of the Iowa Code, the Iowa Smokefree Air Act, prohibits smoking
tobacco products in certain public spaces, places of employment and outdoor areas, including
enclosed City buildings and vehicles operated by the City, the public grounds immediately
adjacent to City buildings and bus shelters; and
Whereas, as a result of these public health risks, the City has declared additional areas to be
smoke free places including the municipal parking ramps, airport, City Plaza except for alleys
and certain areas within Iowa City parks (see Chapter 10 of Title 6, "Public Health and Safety");
and
Whereas, greater access and availability of tobacco, tobacco products, alternative nicotine
products, and vapor products leads to greater use of those products, and thus greater public
harm; and
Whereas, Iowa Code Chapter 453A governs the sale of tobacco, tobacco products, alternative
nicotine products, and vapor products within the state of Iowa, all of which are covered by retail
tobacco permits; and
Whereas, Chapter 453A grants cities the authority to issue retail tobacco permits located within
their city limits; and
Whereas, Chapter 453A further grants cities the discretion to issue, or not issue, tobacco
permits within their city limits, pursuant to the city's own policies; and
Whereas, it is in the best interest of the City to amend the ordinance to create a new "Tobacco
Retailer Uses" category, and to regulate their locations within the City.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments
1. Title 14, entitled "Zoning Code", Chapter 2 entitled "Base Zones", Article C entitled
"Commercial Zones", Table 2C-1, entitled "Principal Uses Allowed in Commercial Zones", is
amended by adding the following bolded text to the "Retail uses" use category:
Table 2C-1: Principal Uses Allowed in Commercial Zones
Use Subgroups CO- CN- CH- Cl- CC- CB- CB- CB- MU
Categories 1 1 1 1 2 2 5 10
Retail uses' Alcohol sales PR PR P P PR PR PR PR
oriented retail
Delayed deposit PR
service uses
Hospitality oriented PR PR P P P P P P PR
retail
Outdoor storage and P PR
display oriented
Personal service P PR P P P P P PR
oriented
Repair oriented P P P P P
Sales oriented PR PR P P P P P PR
Tobacco sales PR PR PR PR PR PR PR PR
oriented
2. Title 14, entitled "Zoning Code", Chapter 2 entitled "Base Zones", Article D entitled
"Industrial and Research Zones", Table 2D-1, entitled "Principal Uses Allowed in Industrial and
Research Zones", is amended by adding the following bolded text to the "Retail" use category:
Table 2D-1: Principal Uses Allowed In Industrial And Research Zones
Use Categories Subgroups I-1 1-2 RDP ORP
Retail Sales oriented
Personal service oriented
Alcohol sales oriented
Repair oriented
Hospitality oriented retail S S
Outdoor storage and display oriented
Tobacco sales oriented
3. Title 14, entitled "Zoning Code", Chapter 2 entitled "Base Zones", Article H entitled "Form-
based Zones and Standards", Table 14-2H-3B-1, entitled "Uses", is amended by adding the
following bolded text to the "Retail" use category:
Table 14-2H-3B-1: Uses
Use T3NE T3NG T3NG- T4NS T4NS- T4NM T4NM- T4MS Specific
Categories 0 0 0 Standards
Retail Uses
Sales - - P' - P' - P' P
Oriented
Personal - - P' - P' - P' P
Service
Oriented
Alcohol - - - - S1 - Si S 14-4B-4B-
Sales 15
Oriented
Hospitality PR PR PR PR PR PR PR PR 14-4B-4B-
Oriented 18(CN-1)
Tobacco - - PR' - PR' - PR' PR 14-4B-4B-
Sales 24
Oriented
Indoor - - - - - - - PR/S 14-4B-4B-
Commercial 7
Recreational
Uses
General - - - - S1 - S1 PR 14-4B-4B-
Animal 2(CN- 1)
Related
Commercial
Uses
4. Title 14, entitled "Zoning Code", Chapter 4 entitled "Use Regulations", Article A, entitled
"Use Categories", Section 4, entitled "Commercial Use Categories", Subsection I, entitled "Retail
Uses", is amended by adding the following Paragraph 2.(h.):
h. Tobacco Sales Oriented: Any retailer actively engaged in the sale of tobacco products,
cigarettes, alternative nicotine products, or vapor products, all as defined in Iowa Code
Chapter 453A, as amended, pursuant to a tobacco permit.
5. Title 14, entitled "Zoning Code", Chapter 9 entitled "Definitions", Article A, entitled "General
Definitions", Section 1, entitled "Definitions" is amended by adding the following definition:
Tobacco Sales Oriented Use: See "Retail uses", "Tobacco Sales Oriented" as defined in
chapter 4, Article A, "Use Categories", of this Title.
6. Title 14, entitled "Zoning Code", Chapter 4 entitled "Use Regulations", Article B, entitled
"Minor Modifications, Variances, Special Exceptions, and Provisional Uses", Section 4, entitled
"Specific Approval Criteria for Provisional Uses and Special Exceptions", Subsection B, entitled
"Commercial Uses", is amended by adding the following Paragraph 24, entitled "Tobacco Sales
Oriented Uses":
24. Tobacco Sales Oriented Uses: A tobacco sales oriented use, as defined in this title,
must be separated by a minimum distance of five hundred feet (500') from any other
tobacco sales oriented use, any general educational facility, and any college and university,
as defined by this title. For purposes of the distance separation requirements within this
Paragraph, "college and universities" shall include all property owned by the Iowa Board of
Regents. Distance shall be measured along a straight line from the nearest property line (or
nearest point of the leased building space) of the proposed use to the nearest property line
(or nearest point of the leased building space) of any other tobacco sales oriented use,
general educational facility, or any college or university. For example, in the case of a
tobacco sales oriented use that is located on a lot with multiple leased building spaces, such
as a shopping mall, the distance is measured from the nearest point of the leased building
space occupied by a tobacco sales oriented use to the nearest property line or leased
building space of any other tobacco sales oriented use, general educational facility, or
college and university.
7. Title 14, entitled "Zoning Code", Chapter 4 entitled "Use Regulations", Article E, entitled
"Nonconforming Situations", Section 5, entitled "Regulation of Nonconforming Uses", is
amended to add the following Subsection H, entitled "Nonconforming Tobacco Sales Oriented
Uses":
H. Nonconforming Tobacco Sales Oriented Uses: In addition to the other provisions in this
section, the following provisions apply to nonconforming tobacco sales oriented uses:
1. Any "tobacco sales oriented uses", as defined in this title, that was legally
established prior to the effective date hereof and that is nonconforming with regard to
separation distances required under this title, may continue unless any of the following
conditions occur. If any of these conditions occur, then nonconforming rights cease and the
use must convert to a conforming use:
a. The tobacco permit is revoked; or
b. The tobacco permit lapses or is discontinued for a period of sixty (60) days or
more; or
c. The tobacco sales oriented use ceases for a period of one year or more; or
d. There has been a change of use as defined in Section 14-4E-5B.
8. Title 14, entitled "Zoning Code", Chapter 4 entitled "Use Regulations", Article E, entitled
"Nonconforming Situations", Section 5, entitled "Regulation of Nonconforming Uses",
Subsection F is amended by adding the underlined text and deleting the strikethrough text, as
follows:
F. Discontinuance Of Nonconforming Use: Except as allowed in subsection El aG, and
H of this section, a nonconforming use that is discontinued for a period of one year must
revert to a conforming use or, in qualifying situations, a special exception may be applied for
according to the provisions of subsection B of this section.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 15th day of October , 2024.
Mayor
Approved by
Attest:
City Clerk City Attorn 's Office— 10/01/2024
No vote taken on ordinance at the October 15, 2024 meeting.
Motion to reconsider the motion to amend from the October 1;: 2024 meeting.
First consideration deferred to the November 4, 2024 meeting.
q1)19
Prepared by: Eric Goers, City Attorney, 410 E.Washington Street, Iowa City, IA 52240; 319-356-5030
Ordinance Number
Ordinance a ending Title 14, entitled "Zoning Code", to addres: obacco
Sales Oriente Retail Uses. (REZ24-0006).
Whereas, Iowa City h seen within its borders an increased presenc- of retail outlets primarily
focused on retail sales 8 tobacco, tobacco products, alternative ni •tine products, and vapor
products; and
Whereas, there are significa i t health concerns related to puo is consumption of tobacco,
tobacco products, alternative icotine products, and vapor •roducts; and
Whereas, the Center for Disease Control (CDC) repo • that smoking tobacco causes cancer,
heart disease, stroke, lung diseas-., diabetes, and - ronic obstructive pulmonary disease
(COPD), which includes emphysema and chronic bronchitis; and
Whereas, according to the CDC, nearly • out %, 10 adults who smoke cigarettes daily first tried
smoking by age 18; and
Whereas, according to the CDC, smokel' ss obacco products can cause mouth cancer, gum
disease, and tooth loss; and
Whereas, according to the CDC, 1.%% of high sc'ool students in 2023 were current users of
smokeless tobacco products; and
Whereas, in Ordinance No. 15 4634(codified at Sect •n 6-10-2), the City Council found that the
use of e-cigarettes presents - serious and unknown p •lic health threat and that in the interests
of protecting the health of t e public and providing a hea thy work-place environment for its
employees the City of low: City and prohibited the use o lectronic cigarettes in all areas
where it is illegal to smo.'e tobacco products; and
Whereas, according to the CDC, in 2023, 2.13 million U.S. mi dle and high school students had
used e-cigarettes in e past 30 days, including 4.6% of middle chool students and 10.0% of
high school stude s; and
Whereas, Chap -r 142D of the Iowa Code, the Iowa Smokefree Air A ct, prohibits smoking
tobacco produ is in certain public spaces, places of employment an•soutdoor areas, including
enclosed Cit buildings and vehicles operated by the City, the public g'\•unds immediately
adjacent to city buildings and bus shelters; and
Whereas as a result of these public health risks, the City has declared ad. Tonal areas to be
smoke f ee places including the municipal parking ramps, airport, City Plaza-xcept for alleys
and ce .in areas within Iowa City parks (see Chapter 10 of Title 6, "Public He-Ith and Safety");
and
Whereas, greater access and availability of tobacco, tobacco products, alternative nicotine
products, and vapor products leads to greater use of those products, and thus greater public
harm; and
Ordinance No.
Page 2
Whereas, Iowa Code Chapter 453A governs the sale of tobacco, tobacco products, alternative
nicotine 'roducts, and vapor products within the state of Iowa, all of which are covered by retail
tobacco permits; and
Whereas, Ch- •ter 453A grants cities the authority to issue retail tobacco permits located within
their city limits; :nd
Whereas, Chapter 53A further grants cities the discretion to issue, or not i ue, tobacco
permits within their c , limits, pursuant to the city's own policies; and
Whereas, it is in the bes interest of the City to amend the ordinance t• create a new "Tobacco
Retailer Uses" category, aId to regulate their locations within the C. .
Now, therefore, be it ordained by the City Council of the City of rwa City, Iowa:
Section I. Amendments
1. Title 14, entitled "Zoning Cock", Chapter 2 entitled "::se Zones", Article C entitled
"Commercial Zones", Table 2C-1, titled "Principal U .-s Allowed in Commercial Zones", is
amended by adding the following bo oed text to the etail uses" use category:
Table 2C-1: Principal Uses Allowed in ommer ;:I Zones
Use Subgroups Co N- CH- Cl- CC- CB- CB- CB- MU
Categories 1 1 1 1 2 2 5 10
Retail uses' Alcohol sales P' PR P P PR PR PR PR
oriented retail
Delayed deposit PR
service uses
Hospitality on- ted PR PR P P P P P P PR
retail
Outdoor storage and PR
display o .ented
Person:I service P PR P P P P PR
oriented
Rep:it oriented P P P P P
S. es oriented PR PR P P P P P PR
obacco sales PR PR PR PR 'R PR PR PR
oriented
2. Title 1 , entitled "Zoning Code", Chapter 2 entitled "Base Zones", Article D :ntitled
"Industri I and Research Zones", Table 2D-1, entitled "Principal Uses Allowed in dustrial and
Research Zones", is amended by adding the following bolded text to the "Retail" u-- category:
Table 2D-1: Principal Uses Allowed In Industrial And Research Zones
Use Categories Subgroups I-1 1-2 RDP ORP
Retail Sales oriented
Personal service oriented
Ordinance No.
Page 3
Alcohol sales oriented
Repair oriented
Hospitality oriented retail S S
\ Outdoor storage and display oriented
Tobacco sales oriented
3. Title 14, entitled "Zoning Code", Chapter 2 entitled "Ba - Zones", Article H entitled "Form-
based Zones andTStandards", Table 14-2H-3B-1, entitle. Uses", is amended by adding the
following bolded to` to the "Retail" use category:
Table 14-2H-3B-1: Us s
Use T3NE T3NG T3NG- T4NS T4NS- T4NM T4NM- T4MS Specific
Categories 0 0 0 Standards
Retail Uses
Sales - - P' - P' - P' P
Oriented
Personal - - P - P' - P' P
Service
Oriented
Alcohol - - - - Si - S' S 14-4B-4B-
Sales 15
Oriented
Hospitality PR "R PR P .. PR PR PR PR 14-4B-4B-
Oriented 18(CN-1)
Tobacco - - PR' - PR' - PR' PR 14-4B-4B-
Sales 24
Oriented
Indoor - - - - - - - PR/S 14-4B-4B-
Commercial 7
Recreational
Uses
General - - - - S' - S' PR 14-4B-4B-
Animal 2(CN- 1)
Related
Commer•ial
Uses
4. Title 14, entitled "Zoning Code", Chapter 4 entitled "Use Regulations", Article A, entitled
"Use Categories", Section 4, entitled "Commercial Use Categories", Subsection I, entitled "Retail
Uses", is amended by adding the following Paragraph 2.(h.):
h. Tobacco Sales Oriented: Any retailer actively engaged in the sale of tobacco products,
cigarettes, alternative nicotine products, or vapor products, all as defined in Iowa Code
Chapter 453A, as amended, pursuant to a tobacco permit.
Ordinance No.
Page 4
5. Title 14, entitled "Zoning Code", Chapter 9 entitled "Definitions", Article A, entitle. "General
Definitions", Section 1, entitled "Definitions" is amended by adding the following . inition:
Tobacco Sales Oriented Use: See "Retail uses", "Tobacco Sales Oriente." as defined in
chapter 4, Article A, "Use Categories", of this Title.
6. Title 14, entitled "Zoning Code", Chapter 4 entitled "Use Regulatio , Article B, entitled
"Minor Modifigations, Variances, Special Exceptions, and Provisiona ses", Section 4, entitled
"Specific Approval Criteria for Provisional Uses and Special Exce• ons", Subsection B, entitled
"Commercial Uses", is amended by adding the following Paragraph 24, entitled "Tobacco Sales
Oriented Uses":
24. Tobacco Sa s Oriented Uses: A tobacco sales or -nted use, as defined in this title,
must be separate Eby a minimum distance of five h dred feet (500')from any other
tobacco sales orien -d use, any general educatio :1 facility, and any college and university,
as defined by this title For purposes of the dist- ce separation requirements within this
Paragraph, "college an universities" shall inc Ade all property owned by the Iowa Board of
Regents. Distance shall .e measured alone straight line from the nearest property line (or
nearest point of the lease.building space •f the proposed use to the nearest property line
(or nearest point of the leas:d building space) of any other tobacco sales oriented use,
general educational facility, o any coil_.e or university. For example, in the case of a
tobacco sales oriented use tha is loc. ed on a lot with multiple leased building spaces, such
as a shopping mall, the distanc- is easured from the nearest point of the leased building
space occupied by a tobacco sal_• oriented use to the nearest property line or leased
building space of any other toba . sales oriented use, general educational facility, or
college and university.
7. Title 14, entitled "Zoning Code ', Chap -r 4 entitled "Use Regulations", Article E, entitled
"Nonconforming Situations", Se 'ion 5, enti -d "Regulation of Nonconforming Uses", is
amended to add the following subsection H,`'-ntitled "Nonconforming Tobacco Sales Oriented
Uses":
H. Nonconforming Tob.cco Sales Oriented ses: In addition to the other provisions in this
section, the following 'rovisions apply to nonconforming tobacco sales oriented uses:
1. Any "tobacco ales oriented uses", as d:fined in this title, that was legally
established prior to e effective date hereof and hat is nonconforming with regard to
separation distanc"s required under this title, may ontinue unless any of the following
conditions occur. f any of these conditions occur, t -n nonconforming rights cease and the
use must conve, to a conforming use:
a. The obacco permit is revoked; or
b. The tobacco permit lapses or is discontinued •r a period of sixty (60) days or
m,,re; or
c. T e tobacco sales oriented use ceases for a per id of one year or more; or
d. here has been a change of use as defined in Se. ion 14-4E-5B.
8. Title 14, entitled "Zoning Code", Chapter 4 entitled "Use Regul. ions", Article E, entitled
"Nonconfo, ing Situations", Section 5, entitled "Regulation of Nonc. forming Uses",
Subsecti• F is amended by adding the underlined text and deleting t e strikethrough text, as
follows:
F. Discontinuance Of Nonconforming Use: Except as allowed in subsection El acd-G, and
H of this section, a nonconforming use that is discontinued for a period of one year must
revert to a conforming use or, in qualifying situations, a special exception may be applied for
according to the provisions of subsection B of this section.
Ordinance No.
Page 5
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or uncon titutional, such adjudication shall not affect the validity of the Ordinanc- :s a"
whole or any sec 'on, provision or part thereof not adjudged invalid or unconstitution .
Section IV. Effectiv- Date. This Ordinance shall be in effect after its final passa!-, approval and
publication, as provi•-d by law.
Passed and approved thi day of , 20 -.
Mayor
Approved by
Attest: •
City Clerk City Attorney Office— 10/01/2024
Ordinance No.
Page 6
Moved\by , seconded by ,that the
Ordinan•e as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Alter
Bergus
Dunn
Harmsen
Moe
Salih
Teaguw
First Consideration: Octobe 1, 2024
Vote for Passage: AYES:Alter, H-rms: , Moe, Salih, Teague
NAYS: None
ABSENT: Berg s, Du n
Second Consideration:
Date Published:
Moved by , seconded by that the rule requiring ordinances to be
considered and voted en for passage at two Council meetings pri to the meeting at which it is to be
finally passed be su•.ended,the second consideration and vote be aived, and the ordinance be voted
upon for final pas .ge at this time.
AYES:
NAYS: `
ABSENT:
Item Number: 10.a.
r CITY OF IOWA CITY
COUNCIL ACTION REPORT
October 15, 2024
Ordinance amending Title 6, entitled "Public Health and Safety", to create a new Chapter 11,
entitled "Kratom", to prohibit its sale and distribution. (Second Consideration)
Prepared By: Eric Goers, City Attorney
Reviewed By: Kirk Lehmann, Asst. City Manager
Fiscal Impact: None
Staff Recommendation: No recommendation
Commission Recommendations: N/A
Attachments: Ordinance
City Council correspondence - Katya Boltanova, Mac Haddow, Kevin Mumm
Executive Summary:
At their July 16, 2024 meeting, the City Council directed the City Attorney to draft an
ordinance banning the sale and distribution of kratom products within City limits, in an effort
to protect the health, safety, and welfare of area residents. After reviewing the draft
ordinance at their August 6th and 20th meetings, Council decided to proceed with the kratom
ban, as part of a larger discussion on regulating tobacco retailers.
Background /Analysis:
Kratom is listed as a "drug of concern" by the federal Drug Enforcement Administration. The
federal Food and Drug Administration has concluded from available information, including
scientific data, that kratom is a new dietary ingredient for which there is inadequate
information to provide reasonable assurance that such ingredient does not present a
significant or unreasonable risk of illness or injury. Based on determinations by the FDA,
kratom is not lawfully marketed as a dietary supplement and cannot be lawfully added to
conventional foods. There are no drug products containing kratom or its two main chemical
components that are legally on the market in the U.S. The FDA has not approved any
prescription or over-the-counter drug products containing kratom or its two main chemical
components.
Prepared by: Eric Goers, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Ordinance Number
Ordinance amending Title 6, entitled "Public Health and Safety", to create a
new Chapter 11 , entitled "Kratom", to prohibit its sale and distribution.
Whereas, kratom is listed as a "drug of concern" by the federal Drug Enforcement
Administration; and
Whereas, the U.S. Food and Drug Administration (FDA) has warned people not to use kratom
because of possible harm it can cause; and
Whereas, according to the Mayo Clinic, kratom hasn't been shown to be safe or to treat any
medical conditions; and
Whereas, according to the Mayo Clinic, poison control centers in the United States received
more than 3,400 reports about use of kratom from 2014 through 2019; and
Whereas, according to the Mayo Clinic, kratom has known side effects, including nausea and
vomiting, liver damage, high blood pressure, dizziness, hallucinations, delusions, depression,
tremors, and seizures; and
Whereas, according to the Mayo Clinic, when a pregnant person uses kratom, the baby may be
born with symptoms of withdrawal and need treatment; and
Whereas, municipalities in Iowa have the authority to preserve and improve the safety, health,
and welfare of its residents; and
Whereas, it is in the best interest of the City to prohibit the sale and distribution of kratom within
City limits.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments
1. Title 6, entitled " Public Health and Safety", is amended by adding the following Chapter 11,
entitled, "Kratom":
Chapter 11
Kratom
6-11-1: Definitions.
As used in this chapter, the following definitions shall apply:
Distribute: To furnish, give away, exchange, transfer, deliver or supply, whether or not for
monetary gain or other consideration.
Kratom product: Any part of the plant Mitragyna speciosa, whether growing or not, or any
food product, food ingredient, dietary ingredient, dietary supplement, or beverage that
contains any part of the plant Mitragyna speciosa or any extract, synthetic alkaloid, or
synthetically derived compound of such plant or its leaf including, but not limited to, any
powder, capsule, pill, beverage, or other edible product.
Sell or sale: To furnish, exchange, transfer, deliver, or supply for monetary gain or other
consideration.
6-11-2: Sale or distribution of kratom prohibited:
Ordinance No.
Page 2
It is unlawful to sell, advertise for sale, offer for sale, or distribute, directly or indirectly,
any kratom product, or item labeled as a kratom product, in the City.
6-11-3: Penalties:
Any violation of this chapter shall be considered a simple misdemeanor or a municipal
infraction punishable by a civil penalty of seven hundred fifty dollars ($750.00)for a first
offense and one thousand dollars ($1,000)for second and subsequent offenses:
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 2024.
Mayor
Approved by
Attest:
City Clerk City Attorn s Office—09/24/2024
Ordinance No.
Page 3
Moved by , seconded by , that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Alter
Bergus
Dunn
Harmsen
Moe
Salih
Teague
First Consideration: October 1, 2024
Vote for Passage: AYES: Harmsen, Moe, Salih, Teague
NAYS: Alter
ABSENT: Bergus, Dunn
Second Consideration: October 15, 2024
Vote for Passage: AYES: Harmsen, Moe, Salih, Teague
NAYS: Altar, Rargns, Dunn
ABSENT: None
Date Published:
Moved by , seconded by ,that the rule requiring ordinances to be
considered and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended,the second consideration and vote be waived, and the ordinance be voted
upon for final passage at this time.
AYES:
NAYS:
ABSENT:
Kellie Grace
From: katya boltanova <altaikak@hotmail.com>
Sent: Monday, October 7, 2024 10:43 AM
To: *City Council
Subject: Thank you for taking the steps to ban Kratom and reduce the density of tobacco and
vape shops
RISK
**This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Dear Iowa City Council members,
Thank you for taking the steps to keep Iowa City youth safe and healthy by voting on banning Kratom sales
and advertising and reducing the density of tobacco and vape shops near places where youth are getting
education.
Kratom is a harmful drug, that I personally heard of stories of women using it as medicine and saying how
addictive it is and how next to impossible it is to get off of. I am proud of Iowa City taking the steps to make
Kratom less accessible in our community. We know well in prevention science that access and availability lead
to youth initiating the use of a substance. This will keep our youth safe in Iowa City.
Tobacco and vape shops have become really too numerous in our community in the past several years, they
use predatory marketing tactics to initiate youth use because their customers die younger, and they need to
groom the new ones. As a mother of 3 kids and I would like to see for at least 1000 ft from an educational
facility and a 90-day lapse period rather than 500 ft and a year as it's being discussed.
Thank you again, for standing up to the big drug industry!
Katya Boltanova
Iowa City resident.
i
Kellie Grace
From: mhaddow@americankratom.org
Sent: Monday, October 7, 2024 12:21 PM
To: *City Council
Subject: Letter on Suspected Email Fraud
Attachments: We sent you safe versions of your files; Iowa City Letter on Email Fraud.pdf
A
**This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
Dear Mayor Teague and Members of the Iowa City Council:
Please see the attached letter and feel free to reach out to me with any questions or comments.
Thank you in advance for taking the time to review this letter.
Kind Regards,
Mac Haddow
Senior Fellow on Pubic Policy
American Kratom Association
571-294-5978
1
AMERICAN KRATOM ASSOCIATION
AM ER SCAN KRATOM 13575 Heathcote Blvd STE 320
ASSOCIATION Gainesville.VA 20155
www.americankratom.org
October 6, 2024
Mayor Bruce Teague
Iowa City City Council
410 E Washington St
Iowa City, IA 52240
Dear Mayor Teague and Members of the Iowa City Council:
I write on behalf of the American Kratom Association (AKA)following the City Council's
vote on October 1,2024,to advance the proposal to ban kratom in Iowa City for future
consideration.We heard the Council members concerns about the safety profile of
kratom, and we would like to assure you that the AKA will provide additional,
scientifically backed information to help address these concerns. Our organization is
fully committed to ensuring that any deliberations about kratom are informed by the
latest research and evidence regarding kratom's safety and responsible consumer use.
However,the immediate purpose of this letter is to address a matter of grave concern
that has surfaced during the public comment process on this issue. In your comments
during the October 1, 2024, Council Meeting you and another Council member
referenced reports from several Iowa City residents whose identities were allegedly
misappropriated in fraudulent emails that were submitted in opposition to the
proposed kratom ban.These emails falsely presented the individuals as opponents of
the ban,when in fact,they did not write or authorize those communications.The AKA
takes such illegal conduct very seriously, as it undermines the integrity of the
democratic process and erodes trust in the public discourse on important policy
decisions.
The AKA regularly engages in advocacy campaigns in response to local government
entities considering regulations or bans on kratom. In this instance,the AKA sent an
advocacy alert that contained the published email address for the Iowa City City
Council and encouraged those Iowa residents to contact the Council and express their
views.The AKA does not have any list of Iowa City residents, only kratom consumers
who have signed up as supporters of our efforts.We initiated an advocacy alert in Iowa
because we believe the actions of the Iowa City City Council would have an impact on
both city residents and residents of the state of Iowa.The AKA has never asked any pro-
kratom advocate to falsely attribute an advocacy message or misappropriate the
identity of any other person.
The AKA will file a formal complaint with the Iowa City Police Chief regarding these
incidents.We will fully cooperate with the investigation and will request a digital copy of
every email submitted to the Council so that the IP addresses associated with these
fraudulent submissions can be trace to their source. It is crucial to identify whether
Mayor Bruce Teague
Iowa City City Council
October 6,2024
Page 2 of 3
these actions were taken by a well-intentioned pro-kratom advocate who resorted to
illegal methods or by an anti-kratom advocate attempting to sabotage the credibility of
our advocacy efforts. Regardless of the motivation, such actions are unacceptable and
must be thoroughly investigated.
Unfortunately,this is not the first time we have encountered such unethical tactics.
During a recent advocacy campaign with the Virginia Board of Pharmacy, my identity, as
the AKA Senior Fellow on Public Policywas misappropriated in fake comments, and
other high-profile kratom advocates experienced similar fraudulent activities clearly
done by anti-kratom activists.
In a separate and particularly egregious case, a prominent anti-kratom trial lawyer
deliberately doctored a photograph that I am in with U.S.Senator Joe Manchin.This
anti-kratom attorney then inserted his image over Senator Manchin,all in an effort to
falsely imply a personal friendship between himself and me for the apparent purpose of
undermining my credibility in the kratom community.
The AKA believes that it is vital to protect the integrity of public policymaking from these
kinds of bad actors.We look forward to workingwith the City Council and the Iowa City
Police Department to ensure that the ongoing deliberations regarding kratom are based
on factual,transparent, and legally sound input from all stakeholders.
Thank you for your attention to this serious matter.We will continue to provide
additional information regarding the safety of kratom, and we hope to engage in
constructive dialogue with the Council in the weeks ahead.
Sincerely,
Mac Haddow
Senior Fellow on Public Policy
American Kratom Association
Email: mh.ad j_Q_w aame aaok atQm.,Qrg
Phone: (571)294-5978
cc: Megan Alter, Councilor,At-Large
Laura Bergus, Councilor, DistrictA
Andrew Dunn, Councilor, District C
Shawn Harmsen, Councilor, District B
Josh Moe, Councilor,At-Large
Mazahir Salih, Mayor Pro Tern,At-Large
Dustin Liston, Police Chief
Mayor Bruce Teague
Iowa City City Council
October 6,2024
Page 3 of 3
Geoff Fruin, City Manager
Eric Goers, City Attorney
Kellie Grace
From: Kevin Mumm <thekonnexion@outlook.com>
Sent: Wednesday, October 9, 2024 11:49 AM
To: *City Council
Subject: Kratom Ban
A
RISK
**This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
In the last city council meet there were concerns raised about Kratom, let's work on clearing your
concerns up. Exports on Kratom call it a harm reduction tool, is it perfect no but thing is. Not even
prescription medications. I have found research articles and Kratom export testimonials with sources
Listed.
Dosing:
The optimum dose of Kratom ranges from one to eight grams taken two to three times daily.
Most adverse effects required higher doses of>8 g and higher frequency of dosing between 4-5 times per
day of daily use.
Tolerance:
"For most respondents, during periods of regular Kratom use, the frequency of changes in dosing routine
was either"not often" or"never," suggesting arrival at a pattern of use helpful for daily functioning. Even
so, some of our respondents did increase their dosages, and a few specified that they were continuing to
use Kratom despite tolerance because they hoped once again to feel acute effects. Other respondents
had decreased their dosages, or quit, citing unwanted effects."
Managing Tolerance:
To manage Kratom's effectiveness and prevent tolerance, users should periodically pause use or switch
between different strains.
Adverse Effects:Are generally described as "mild to moderate."
Comparing Beneficial and Adverse Effects:Visual Analog Scale (VAS) ratings showed that participants
reported higher ratings for the beneficial effects of Kratom than the adverse effects experienced after 1
day of stopping use.This supports a common narrative from self-reports of regular Kratom users:they
often experience positive effects from using Kratom but without the severe adverse outcomes seen with
illicit psychoactive drugs.
Source for the above: Smith Kirsten E., Rogers Jeffrey M., Dunn Kelly E., Grundmann Oliver, McCurdy
Christopher R., Schriefer Destiny, Epstein David H. Searching for a Signal: Self-Reported Kratom Dose-
Effect Relationships Among a Sample of US Adults With Regular Kratom Use Histories. Frontiers in
Pharmacology. VOLUME 13. YEAR 2022. DOI=10.3389/fphar.2022.765917
https://www.frQntiersin.org/journals/pharmacology/articles/10.3389/fphar.2022.7r5917/full
i
Kratom does not cause respiratory depression:
"There is little evidence of respiratory depression associated with Kratom use,which is consistent with
the characterization of its main active alkaloid, mitragynine, as well as the minor alkaloid 7-
hydroxymitragynine as partial agonists and mechanism of action as G protein-biased agonists of the mu-
opioid receptor".
Source: Marion A. Coe, Janine L. Pillitteri, Mark A. Sembower, Karen K. Gerlach, Jack E. Henningfield.
Kratom as a substitute for opioids: Results from an online survey. Drug and Alcohol Dependence.
Volume 202. 2019. Pages 24-32.
https://www.sciencedirect.com/science/article/a.bs/pii/SO376871619301966
Kratom to be used as both antipsychotics and antidepressants:
"13 observational studies indicated that Kratom is also being used to self-treat negative affect, most
frequently anxiety and depression, with users reporting generally positive results".
"While Kratom is most commonly known for its affinity to opioid receptors, it also has affinity to
serotonin and dopamine receptors, signaling its potential for treating depression, anxiety, and
psychosis."
"Mitragynine has inhibitory effects on the same receptors to which atypical antipsychotics bind.
Mitragynine has inhibitory effects on receptors similar to current medications that are used to treat
psychosis which also inhibit D2 dopamine receptors".
"Kratom leaf extract containing 4.4% mitragynine was able to significantly decrease psychotic
symptoms."
"Mitragynine has affinity to dopamine receptors assisting in the alleviation of positive symptoms
(auditory, visual, and tactile hallucinations, delusions)".
"Mitragynine would also have the ability to reduce negative symptoms (alogia, avolition)".
"Mitragynine may be effective as an antidepressant".
"Users from various backgrounds have reported feeling happiness, well-being, mellowness, being able
to relax, a mental calm with no loss of clarity, having more energy, increased desire to work, and a strong
desire to communicate with loved ones".
Source: Johnson LE, Balyan L, Magdalany A, Saeed F, Salinas R,Wallace S, Veltri CA, Swogger MT, Walsh
Z, Grundmann O. The Potential tQLKratom as an Antidepressant and Antin�y0otic.Yale J Biol Med. 2020
Jun 29;93(2):283-289. PMID: 32607089; PMCID: PMC7309668.
https://www.ncbi.nlm.nih.gQWpmc/articles/PMC7309668/
Kratom Deaths:
Death by Kratom is not always the truth:
• In 2018 the FDA announced 44 deaths due to Kratom. However, all but one were actually
due to potent respiratory depressants from prescription drugs or illegal drugs. The one
remaining death was from a motor vehicle fatality.
2
• Centers for Disease Control from 2016-2017 looked at the drug overdose reporting
system and examined 27,000 overdose deaths. Of the 27,000 deaths, there was 152
identified as having Kratom in their system. Of the 152 cases, 91 cases were listed as
Kratom deaths. 80%were in individuals who were suffering substance use disorders and in
almost all the cases they found multiple respiratory depressants including fentanyl,
heroin, benzo diazepines like diazapam and other benzos, prescription opioids and
cocaine.The CDC determined most of the deaths were from these other substances not
Kratom.
• A research article from Gersman looked at Kratom deaths from Colorado between 1999 to
2017.There were 15 deaths listed from Kratom. In 11 of the deaths,they found other drugs
were the cause of death.With the remaining 4 deaths they tested blood samples from 3
with a more comprehensive toxicology evaluation and found multiple drugs.There was no
additional blood from the remaining death.
• Novel psychoactive substances are not being tested for in toxicology evaluation because
medical examiners and coroners do not have the ability for test for them. Only special labs
have the ability and cost a lot of money.
• Florida medical examiners looked at over 7,700 drug cases, 106 had Kratom in their
system. Of the 106 cases, 54% listed Kratom has the cause of death even though fentanyl
was present.
• Kratom does NOT cause respiratory depression. However,there is a strong tendency to list
Kratom has the cause of death when other strong respiratory depressants drugs are
present.These deaths should have been listed as poly pharmacy deaths.
• State and local laboratories do not test for Kratom and they have to send out blood
samples which cost them money.The laboratories are under funded and only pay to have
the samples tested for mitragynine when Kratom is found in the persons home.These
samples are not being tested for other substances due to the cost. Novel psychoactive
substances and fentanyl are being missed!When only one substance is tested for, the true
cause of death is missed!
• Dr. Marilyn Huestis has reviewed cases where ridiculously low concentrations of Kratom
were in people's systems but Kratom was listed as the cause of death.
Source: Congressional Briefing on Kratom Science and Policy: Dr. Marilyn Huestis, Senior Fellow at the
Institute on Emerging Health Professions, Thomas Jefferson University and former NIDA scientist.
https:LLwwwyQutube.cQnVwat-ch?v=Q_W3�tEN_a.D_k at41:50 minutes.
3
"Fatalities involving Kratom are rare and, autopsy findings indicate that in such instances Kratom is
concurrently used with illicit substances or anti-depressants, and not Kratom per se, or the user had an
underlying health condition".
Source: Metastasio Antonio, Prevete Elisabeth, Singh Darshan, Grundmann Oliver, Prozialeck Walter C.,
Veltri Charles, Bersani Giuseppe, Corazza Ornella. Can Kratom (Mitragyna speciosa)Alleviate COVID-19
Pain?A Case Study. Frontiers in Psychiatry. VOLUME 11. YEAR 2020. DOI 10.3389/fpsyt.2020.594816
https://www.frontiersin.org/journal�pssychiatrv/articles/10.338-9jjp-syU020..,$1S10
If you have not watched the two congressional briefing on Kratom science and policy videos that I have
previously sent please do so before voting on banning Kratom.The videos have the top Untied States
exports on Kratom.They can be found byYoutubing: Congressional Briefing on Kratom Science and
Policy.
https://www.youtube.com/watch?v=OW34ztFNaUk
https://www.youtube.com/watch?v=uc Uq-iQfmzl
Kevin Mumm
The Konnexion
106 S Linn St
Iowa City, IA 52240
4
I r 1
regumnir City Council Supplemental Meeting Packet
CITY OF IOWA CITY October 15, 2024
Information submitted between distribution of the Supplemental Meeting Packet 1 on Monday
and 3:00 pm on Tuesday.
Late Handout(s)
6.k. Dodge Street Reconstruction Project - See Staff response to correspondence
from Audrey Bahrick and City Council correspondence from Sharon DeGraw
9.b. Zoning Code Amendment - Tobacco Sales Oriented Retail Uses - See
correspondence from Betsy Potter on behalf of the Iowa City Downtown District
Legislative Committee
10.a. Kratom Ban - See correspondence from Michael Rivera
October 15, 2024 City of Iowa City
1
%D, a-
Kellie Grace
From: Michael Rivera <oldschooliowa1977@gmail.com>
Sent: Tuesday, October 15, 2024 2:11 PM Late Handouts Distributed
To: *City Council
Subject: Consumer of Kratom
I
i (Date)
RISK
**This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Hello,
I hope this letter finds you well. I am writing to share some insights into the potential benefits of Kratom (Mitragyna
speciosa), a tropical plant native to Southeast Asia that has gained significant attention for its diverse properties,
particularly in the fields of wellness, health management, and natural alternatives to certain pharmaceuticals. Kratom
has been traditionally used for centuries in its native regions for its analgesic, stimulating, and mood-enhancing effects.
In recent years, its applications have expanded globally, leading to increased research and public interest. Below are a
few key benefits that have been attributed to Kratom: 1. Natural Pain Relief Kratom contains compounds called
alkaloids, primarily mitragynine and 7-hydroxymitragynine, which interact with opioid receptors in the brain, producing
pain-relieving effects.This makes Kratom a popular natural alternative for individuals managing chronic pain without the
risk of addiction or severe side effects often associated with prescription opioids. 2. Mood Enhancement and Anxiety
Relief Kratom's ability to enhance mood has been noted by many users. At moderate doses, it can create a sense of well-
being and even euphoria, helping individuals combat anxiety, depression, and other mood disorders.The mood-boosting
effects are thought to be linked to the plant's impact on serotonin and dopamine levels in the brain. 3. Increased Energy
and Focus In smaller doses, Kratom is known to act as a stimulant, increasing energy levels and focus.This has made it
particularly popular among individuals looking to boost productivity or combat fatigue naturally. It can provide sustained
energy without the jitteriness that caffeine or other stimulants can cause. 4. Support for Opioid Withdrawal Many
individuals have turned to Kratom as a tool to ease withdrawal symptoms from opioids. Its interaction with the body's
opioid receptors allows it to reduce cravings and alleviate symptoms like muscle pain, insomnia, and anxiety, making it a
valuable aid in the process of overcoming opioid dependence. 5. Immune System Stimulation Preliminary research
suggests that the alkaloids in Kratom may also have immune-boosting properties. While more studies are needed, there
is some evidence to suggest that it can support the body's natural defenses and promote overall wellness. It is important
to note that, as with any herbal supplement, responsible use and sourcing are critical. We advocate for ethically
harvested, lab-tested Kratom products to ensure safety and efficacy. Given its growing popularity, we believe it's crucial
for consumers and professionals alike to understand both the benefits and the need for proper education around its
use. We are happy to provide more information on Kratom, including sourcing, research studies, or personal testimonies
from individuals who have benefitted from its use. Please feel free to reach out if you would like to discuss how Kratom
may be a valuable addition to your wellness offerings or if you have any further questions.Thank you for your time and
consideration. We look forward to staying in touch and exploring the opportunities that Kratom may provide. Sincerely,
Michael Rivera ,
Des Moines Iowa
1