CHAPTER 9
INDUSTRY
ARTICLE 1. RIGHT TO INDUSTRY
SECTION:
§2800 PURPOSE AND INTENT
It is the purpose and intent of the City to reduce the loss of the employment base and to support economic stability by limiting the circumstances under which lawfully established industrial operations may be considered a nuisance under the City Code. This Article is intended to promote compatibility between manufacturing operations and surrounding land uses and to provide regulatory consistency with Mendocino County policies related to industrial land and uses.
This Article shall not be construed to modify, abridge, or supersede California law governing nuisances, including, but not limited to, the California Civil Code, the California Health and Safety Code, the California Fish and Game Code, the California Food and Agricultural Code, Division 7 of the California Water Code, and the California Government Code. Rather, this Article shall be applied solely in the interpretation and enforcement of the City Code, zoning regulations, and related local enforcement procedures.
No existing or future industrial business, nor any of its appurtenances, that is lawfully established and operated for commercial or industrial purposes in a manner consistent with the City’s zoning regulations, approved permits, and applicable land use and environmental laws and regulations, shall be deemed to be or become a public or private nuisance under the City Code due to impacts on adjacent or nearby land uses after such operation has been in operation for a period of more than three (3) years, provided that the operation was not a nuisance at the time it commenced.
The protections afforded by this Article shall not apply in any case where a nuisance condition results from negligent, improper, or unlawful operation of the industrial business or its appurtenances, nor shall this section limit the City’s authority to enforce applicable health, safety, environmental, or building regulations. (Ord. 1264, §§ 2, 3, adopted 2026)
§2801 DEFINITIONS
Unless the context otherwise requires, the following definitions and the provisions of the City’s Zoning Code, as set forth in Division 9, Chapter 2 of this Code, and any amendments thereto, shall govern the construction, interpretation, and enforcement of this Article.
A. MANUFACTURING LAND: Shall mean those land areas within the City that are specifically classified and zoned for manufacturing or industrial use under the City’s Zoning Code, including, but not limited to, the Manufacturing (M) zoning district or the Airport Industrial Park – Industrial (AIP-PD(I)) zoning district, or parcels designated with an Industrial (I) land use designation under the City’s General Plan. Manufacturing Land shall also include any successor zoning districts or classifications adopted by the City through future amendments to the General Plan or Zoning Code that are intended to accommodate manufacturing or industrial uses.
B. MANUFACTURING OPERATION: Shall mean and include those manufacturing, industrial, and related use types permitted, conditionally permitted, or lawfully existing within the City’s Manufacturing (M) or Airport Industrial Park – Industrial (AIP-PD(I)) zoning districts pursuant to the City’s Zoning Code. (Ord. 1264, §§ 2, 3, adopted 2026)
§2802 DISCLOSURE
A. Consumer Disclosure by Seller: Any person acting as an agent for the seller of real property that is zoned Manufacturing Land, or that is located within three hundred (300) feet of property zoned Manufacturing Land, and any seller of real property acting without an agent where such property is zoned Manufacturing Land or is located within three hundred (300) feet of Manufacturing Land, shall disclose to the prospective purchaser the following:
The property described herein may be zoned for manufacturing or industrial use, or may be located within three hundred (300) feet of such land. Residents or occupants of the property may be subject to inconvenience or discomfort arising from the use of machinery and from the conduct of manufacturing and industrial operations, including, but not limited to, assembly, manufacturing, cutting, drilling, machining, metalworking, milling, punching, tapping, soldering, welding, and the transportation of materials and goods. These activities, and others not listed, may generate light, glare, dust, smoke, noise, vibration, and odors, and may occur twenty-four (24) hours per day, seven (7) days per week. The City of Ukiah has established zoning districts that prioritize manufacturing and industrial uses, and occupants of property located within or near such districts should be prepared to accept such conditions as normal and necessary to lawful manufacturing and industrial operations.
B. Disclosure in Documents: The disclosure statement set forth in subsection A of this Section shall be included in a document signed by a purchaser, lessee, or transferee evidencing the sale, purchase, transfer, or lease of real property that is zoned Manufacturing Land or that is located within three hundred (300) feet of Manufacturing Land. Such disclosure may be provided as part of a real estate disclosure advisory form customarily used by real estate brokers, or through delivery of a local option disclosure statement pursuant to Article 1.5 (commencing with Section 1102.6a) of Chapter 2 of Title 4 of Part 4 of Division 2 of the California Civil Code, or through another written disclosure mechanism approved by the City.
C. Disclosure in Discretionary Actions: Where a building designed for residential occupancy is proposed on property that is zoned Manufacturing Land, or on property located within three hundred (300) feet of Manufacturing Land, the property owner shall, prior to approval of any discretionary land use entitlement, sign a statement of acknowledgment on a form approved by the City of Ukiah Community Development Department containing the disclosure statement set forth in subsection A of this Section. In lieu of signing the acknowledgment required by this subsection, the property owner may submit evidence satisfactory to the City that the disclosure statement required by subsection A has been incorporated into a document evidencing the sale, purchase, transfer, or lease of the property on which the residential building is to be constructed. (Ord. 1264, §§ 2, 3, adopted 2026)
§2803 INSTALLATION OF SIGNS
The City of Ukiah may install, or permit the installation of, signs at the entry to or within areas zoned Manufacturing (M) or Airport Industrial Park – Industrial (AIP-PD(I)) to notify prospective purchasers, tenants, and occupants that property within the area is used for manufacturing or industrial uses.
Such signage may advise prospective purchasers or occupants to consult with the City regarding applicable regulations or requirements affecting manufacturing or industrial uses, and to consider the potential impacts commonly associated with manufacturing and industrial operations when purchasing, leasing, or occupying property within or near such zoning districts.
Installation of signs pursuant to this section shall be discretionary and shall not be construed as a condition of approval for any development, nor as a representation regarding the legality, intensity, or duration of any specific manufacturing or industrial operation. (Ord. 1264, §§ 2, 3, adopted 2026)
§2804 PRECEDENCE
It is the intent of the City Council that this Article shall take precedence over any provision of the City Code, ordinance, or resolution relating to nuisance abatement or enforcement that conflicts with the provisions of this Article, but only to the extent of such conflict. All other provisions of the City Code shall remain in full force and effect. (Ord. 1264, §§ 2, 3, adopted 2026)