1. Landscaping, Buffering, and Screening Maintenance: All landscaping, buffering, and screening required by this Code shall be maintained by the property owner in compliance with the following standards.
A. No required street tree shall be topped without the written permission of the City. For street trees not located within a public right-of-way, alternative pruning techniques to achieve specific horticultural or aesthetic effects may be used if approved by the Parks and Recreation Department. Examples include pleached allee, pleached bosque, espalier, and pollarded canopy.
B. Tree grates shall be widened to accommodate the growing tree trunk and prevent girdling of any trees planted in tree wells within sidewalks or other public right-of-way.
C. Plant materials that exhibit evidence of insect pests, disease, and/or damage shall be appropriately treated to correct the problem. Dead plant materials shall be replaced.
D. All required landscaping shall be subject to periodic inspections by City Officials to determine compliance.
E. Required landscaped areas in residential subdivisions that are not located in individual lots shall be placed under the control and maintenance of a Homeowners' Association, unless the applicant can demonstrate that the landscaping will be maintained in an attractive condition by another entity including but not limited to individual property owners or the ACHD.
F. All fences and walls shall be maintained and kept structurally sound.
2. Exterior Lighting: All exterior lighting required to comply with Section 11-04-011, Exterior Lighting shall be maintained by the property owner in compliance with the following standards.
A. All lighting fixtures that are required to be shielded shall be installed and maintained so that they maintain compliance with all standards for shielded fixtures as specified in Section 11-04-011, Exterior Lighting and other applicable regulations as adopted by the City.
B. Exterior lighting fixtures shall comply with the Building Code, the energy efficiency standards, and other applicable regulations adopted by the City.
C. Exterior lighting shall be maintained in good structural condition at all times.
3. Signs:
A. Signs shall be maintained by the property owner in a state of good appearance, safety, and repair.
B. Any on-premise sign associated with a building or establishment that has been vacant and unoccupied for more than six months, or any sign no longer associated with the use on the property shall be deemed abandoned and shall be removed by the property owner.
4. Noise: All activities shall comply with Title 5, Chapter 7 of the Boise City Code regarding permissible levels of noise and shall be conducted so as to avoid the creation of any noise that would create a public nuisance interfering with the use and enjoyment of adjacent properties.
5. Glare, Heat, Smoke, Fumes, Radiation, and Odors: Every use shall be operated so that it does not exceed an objectionable or dangerous degree of glare, heat, fumes, electromagnetic radiation, nuclear radiation, or odors beyond any property line of the site on which the use is located.
6. Vibration: Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any property line of the site on which the use is located.
7. Hazardous Materials: All uses and activities shall comply with all state and federal laws and regulations regarding the use, storage, handling, and transportation of flammable liquids, liquefied petroleum, gases, explosives, hazardous materials, hazardous wastes, toxic materials, and solid wastes, as those terms are defined by applicable statutes, rules, regulations, or ordinances.
8. Waste Materials:
A. No materials or wastes shall be deposited upon a property in any form or manner that would permit natural causes or forces to transfer them off the site.
B. All materials or wastes that may cause fumes or dust, or that constitute a fire hazard, or that may be edible by or otherwise attractive to rodents or insects shall only be stored outdoors in closed solid waste containers that are screened from adjacent property.
C. All biomedical wastes that are processed through ozonation treatment shall either be beneficially reused, recycled, or rendered safe for disposal in a municipal solid waste landfill or other approved disposal facility, or as otherwise permitted by state and federal law. (Ord. 27-23, 7-18-2023, eff. 12-1-2023)