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Hampton City Zoning Code

CHAPTER 36

STREETS, SIDEWALKS AND OTHER PUBLIC PLACES

2025-04

36.04.010 Definitions

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alley includes the entire width of the dedicated or otherwise acquired alley and is not limited to that portion of the right-of-way actually utilized for the alley surface but includes the entire width of the alley as so dedicated or otherwise acquired.

Boulevard. See Parkway.

Encroachment means any building, fence, sign, or any other structure or object of any kind (with the exception of utilities and public road signs), which is placed, located or maintained in, on, under or over any portion of the roadway right-of-way.

Intersection of street lines means the total area between the right-of-way of both intersecting streets and is not limited to the portion of the intersecting streets used for street purposes.

Parkway means that portion of the street right-of-way that is not utilized for street, curb, shoulder or ditch purposes.

Roadway right-of-way means those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect.

Sight triangle means a triangular shaped portion of land at each street intersection corner, established by measuring 40 feet along the right-of-way boundaries at each intersection corner to create two sides and the third side by drawing a line from the two end points.

Street or public highway means the entire width of any dedicated or otherwise acquired public street or highway right-of-way, including, but not limited to, the portion actually used for street purposes, and including any portion thereof used or occupied by the abutting property owners.

Street right-of-way or public highway right-of-way means the entire width of any dedicated or otherwise acquired public street or highway, including, but not limited to, the portion actually used for street purposes, and including any portion thereof used or occupied by the abutting property owners.

(Code 2024, §§ 4.7.3(A), 4.7.8)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

36.04.020 Numbering Of Houses And Lots

  1. General provisions. Every new residence or commercial establishment on any property in the village shall receive a number assigned by the zoning officer or other official designated by the village board in accordance with the current numbering system. Building numbers shall be of such size, character and color as to be legible from the street in front of the structure, and the same shall be affixed on, about, below, at either side, or other conspicuous place, in close proximity to the main entrance of the building to which the number applies.
  2. Notice to number building. Any owner of any building on any street, avenue, drive or place within the corporate limits of the village, who, after being notified by the assigned village department, fire department or any other official that the building has no number or has an incorrect number and that the correct number of such building is on file at the office of the clerk of the village, shall, within 30 days, affix the appropriate number on the building in accordance with this section.
  3. Streets running north and south. Numbering shall commence at First Avenue and the numbers of one to 100 inclusive so far as necessary shall be used consecutively for the distance of the first block or a fractional block, 50 numbers for each side of the street and even numbers for the right hand or east side of the avenues and odd numbers for the left hand or west side of the avenues. One number shall be left for and applied to each 30 feet of distance and, in any case where a building or place of business occupies less than 30 feet, a fractional number shall be used. The numbers from 100 and 200 inclusive shall be used in the same manner for the second block and for succeeding blocks consecutively.
  4. Streets running east and west. Numbering shall commence at First Street, even numbers being used for the right hand or south side of the street and odd numbers for the left hand or north side of the street.
  5. Maps and records. The committee on streets and alleys shall prepare the necessary maps and records to show the proper numbers to be assigned to all lots and parts of lots within the village and shall file the maps with the village clerk.
  6. Size of numbers; attachment. Each of the figures of every number shall be not less than three inches in length, and plainly marked so as to be easily read, and shall be firmly and conspicuous affixed on the side or above the front door of the buildings to which they are attached.

(Code 2024, §§ 4.8.8, 9.14.5)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

36.04.030 Digging In Streets

No person shall dig any hole, drain or ditch in any street, alley, avenue or other public place in the village without first having obtained the written consent of the public works director.

(Code 2024, § 4.7.1)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

36.04.040 Sidewalk Use; Obstructions

  1. Obstruction.
    1. No person shall obstruct a sidewalk with goods, wares or merchandise or pile or leave any boxes, barrels or other obstructions, or drive any vehicles in such manner as to interfere with the free use of the sidewalks in the village.
    2. Bicycles under this section shall be termed vehicles.
  2. Loading/unloading of goods. Any person may use any sidewalks in the village for 30 minutes to load or unload goods to or from their place of business.
  3. Heavy traffic across sidewalks.
    1. All sidewalks within the village limits which are subject to heavy vehicular traffic across or over them are to be properly reinforced in such manner as to maintain the sidewalk in a good and travelable condition for foot traffic.
    2. It shall be the property owner's or corporation's responsibility to see that the sidewalks which are driven across for purposes of driveway or entrance of heavy vehicles into their property are reinforced.
    3. Upon written 15-day notice by the clerk of the village to repair such sidewalks, the persons or corporations shall be contracted for such work.

(Code 2024, § 4.7.2)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

36.04.050 No Encroachment On Public Right-Of-Way

It is unlawful for any person, firm or corporation to erect or cause to be erected, to retain or cause to be retained, an encroachment, within the limits of the roadway right-of-way.

(Code 2024, § 4.7.3(B))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

36.04.060 Snow Removal

  1. Policy. It is the policy of the village that snow removal from the public ways of the village shall not be required where there is less than two inches of snowfall.
  2. Parking restrictions. There shall be no parking upon any public way on any day when there has been snow accumulated to a depth of two inches or more. This prohibition shall be in effect until the village maintenance crews have cleared the public way and the snowfall has ceased for that day. The presence of operating village snow removal equipment on the public ways of the village shall be conclusive evidence of two inches of snowfall. Vehicles in violation of this section will be ticketed by the assigned village department and towed away.
  3. Depositing snow on public ways prohibited. No person shall clean private drives or sidewalks in such a manner that shall result in the deposit of snow into the public ways due to the snow removal from such private drives or sidewalks. Further, with the exception of village employees, in the course of their employment duties, no person shall shovel, push, plow or place, in any way, gravel or debris onto another property or right-of-way.

(Code 2024, § 4.8.2)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

36.04.070 Violations And Penalties

  1. It is unlawful for any owner of any property or any occupant of any property to violate the terms of this chapter and the liability of each owner and each occupant shall be joint and several.
  2. Unless a different penalty is specifically provided for a particular violation, persons violating this chapter shall be punished by a fine of not less than $50.00 nor more than $500.00. Each day that the violation continues shall be deemed a separate violation and a separate fine may be imposed for each day of such violation.

(Code 2024, §§ 4.7.19, 4.7.20)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
36.08.010 Purpose And Intent

Vegetation in the form of grass, flowers, shrubs, and trees provide the village with many environmental, social, and economic benefits. They filter pollutants, provide shade and homes for small animals, create desirable living and working places and increase property value, attract shoppers and businesses, help control stormwater runoff and soil erosion, and decrease cooling costs. This article establishes the rights, responsibilities and duties of private property owners as well as the rights, responsibilities and duties of the village with respect to vegetation on village right-of-way and other village-owned property.

(Code 2024, § 4.7.7)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
36.08.020 Authority Of Enforcement Officials
  1. The public works department shall have supervision over all trees, shrubs and other plant life growing upon or overhanging any street, highway, alley, park, parkway, public playground, sidewalk or any public place within the village, including the planting and removal of any trees, shrubs and plants, as herein provided.
  2. The public works department shall superintend, regulate and encourage preservation, culture and planting of shade and ornamental trees, plants and shrubbery in the parkways and in the parks and playgrounds and other public places, consistent with the provisions of this chapter.
  3. The public works department shall determine and advise property owners and occupants regarding the kind of trees, plants and shrubbery and the method of planting best adapted to, or most desirable on, particular streets and places.

(Code 2024, § 4.7.9)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
36.08.030 Conforming And Nonconforming Trees

The following list of trees approved for planting on public or private property in the village is not all inclusive and other species may be approved by the public works supervisor:

  1. Conforming tree.
    1. Blackhaw viburnum crabapple.
    2. Coralburst crabapple.
    3. Cornelian cherry dogwood.
    4. Firebird crabapple.
    5. Golden Raindrop.
    6. Jane magnolia.
    7. Japanese lilac.
    8. Japanese lilac - silk.
    9. Japanese maple.
    10. Nannyberry (Viburnum lentago).
    11. Red Bud.
    12. Rugged Charm maple.
    13. Tartan maple.
  2. Nonconforming trees.
    1. Ash, all varieties.
    2. Black locust.
    3. Box elder.
    4. Buckthorn.
    5. Cottonwood.
    6. Crabapple.
    7. Crimson King maple.
    8. Evergreens.
    9. Gingko (female).
    10. Magnolia grandiflora.
    11. Norway maple.
    12. Oak.
    13. Poplar.
    14. Russian olive.
    15. Siberian elm.
    16. Silver maple.
    17. Sugar maple.
    18. Tree of Heaven.
    19. Willow, all varieties.

(Code 2024, § 4.7.22)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
36.08.110 Planting Restricted
  1. It is unlawful to plant any tree or shrub or other plant in any street, alley, park, parkway, public playground, sidewalk or other public place without the written approval of the department of public works, which shall specify the type and site of the approved planting. This section does not prohibit the planting of flowers or other similar vegetation within these areas.
  2. Such tree planting shall be at least 40 feet from any other tree standing in the street or parkway on the same side of the street.
  3. Any planting of any trees, plants or other shrubs shall be at least four feet from any existing public sidewalk or, if no sidewalk is in place, at least four feet from the boundaries of the projected sidewalk line.
  4. Trees planted in accordance with subsection (a) of this section shall not exceed 25 feet in height at maturity. Suggested trees are listed in HVC 36.08.030.

(Code 2024, § 4.7.10)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
36.08.120 Trimming Standards
  1. All trees, shrubs and plants growing upon any street, alley, park, parkway, playground or public place shall be trimmed or pruned in such manner as to promote the life and growth thereof.
  2. All trees, shrubs and plants shall be trimmed so that the branches thereof shall not obstruct the passage of light from any street light in any street, alley, or highway in the village to the adjacent street or sidewalk.
  3. Branches of such trees which overhang any street, alley, or public highway shall be trimmed so that there shall be a clear height, unobstructed by branches, of at least 14 feet above the surface of the street, alley or highway.
  4. Branches of such trees which overhang any public sidewalk shall be trimmed so there is a clear height, unobstructed by branches, of at least eight feet above the surface of the sidewalk.
  5. Exception may be made by the public works department in the trimming of young trees.
  6. All dead, broken or decayed limbs or branches that overhang such street, alley highway or sidewalk shall be removed.
  7. All shrubs and plant life growing along any public sidewalk shall be trimmed or cut back so that no part thereof shall overhang such sidewalk.
  8. Grass in the public right-of-way that abuts private property shall be maintained in the same manner as grass on the private property that abuts the right-of-way property by the owner of the private property that abuts the public right-of-way. Grass and weeds that become a nuisance in accordance with HVC article 26.16 will be abated as per that article.

(Code 2024, § 4.7.11)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
36.08.130 Trimming Procedure
  1. If the public works department determines that it is necessary or advisable to trim trees, shrubs or plants on public property to comply with the standards set forth in HVC 36.08.120 or for any other public health, safety and welfare reason, the public works department shall, unless the public works supervisor, in his absolute discretion, determines that immediate trimming or other corrective action is necessary, furnish a written notice to the affected adjacent property owner. Such notice shall inform the owner of the trimming standards and requirements and shall further explain that if the owner satisfactorily effects such trimming within seven days of the notice, the village will not effect any such trimming.
  2. If the property owner does not satisfactorily effect such trimming within the seven-day period, then the public works department shall proceed to do so in accordance with the standards of HVC 36.08.120.

(Code 2024, § 4.7.12)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
36.08.140 Depositing Landscaping Materials On Public Property

It is unlawful for any person, without written permission from the public works department, to place or maintain upon the ground in any street, park or parkway in the village any stone, cement or other material which shall impede free passage of water and air to the roots of any tree, without leaving an open space of ground not less than four feet in width all around the trunk of such tree. Where there is no such open space about any existing tree in any street or public highway in the village, the public works department may make open space or cause the same to be made and charge the expense thereof to the person so depositing such materials.

(Code 2024, § 4.7.16)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
36.08.150 Injury Or Removal Of Trees, Shrubs Or Plants On Public Property

It is unlawful for any person to remove or destroy any tree, plant or shrub that is now or may hereafter be growing in any street, alley, parkway, park, playground or public place in the village without written permission from the public works department; provided, however, that this section shall not prohibit removals, trimming, or other action authorized or required by other provisions of this chapter.

(Code 2024, § 4.7.17)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
36.08.160 Setback Requirements
  1. Future planting prohibited.
    1. No tree shall be planted on parkways within the intersection of street lines.
    2. No shrubbery or plants shall hereafter be planted in any parkway at a distance of less than 40 feet from the intersection of the nearest street line.
    3. Any planting permitted under subsection (a)(1) or (2) of this section must have prior written approval of the public works department, as provided in HVC 36.08.110.
    4. If any person so plants any tree, shrubs or plants in violation of this section and fails to remove same after seven days' written notice to do so, then the public works department may do so.
  2. Removal of existing trees, shrubbery or plant life. Any tree, shrubbery or plant life located within the intersection of any street lines within the village, and all shrubbery or plant life now and hereafter growing in any parkway at a distance of less than 40 feet from the intersection of the nearest street line, will be removed by the public works department, if the owner of the abutting property fails to do so after seven days' written notice to do so.

(Code 2024, § 4.7.15)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
36.08.170 Sight Triangle Regulation
  1. No tree, or any portion thereof, shall be planted or maintained in the sight triangle, as defined in HVC 36.04.010.
  2. If any portion of any tree is in the sight triangle at the passage of the ordinance from which this chapter is derived, it shall be removed by the responsible property owner.
  3. No vegetation or shrubs shall be permitted to grow in the sight triangle at a height in excess of 24 inches as measured from the street elevation.
  4. Any vegetation or shrubs in the sight triangle in excess of 24 inches in height shall be cut or trimmed to a height of not more than 24 inches by the responsible property owner.
  5. The owner of real estate is responsible for such tree trimming and height control within the sight triangle.
  6. If any owner fails to remove any tree or to maintain his vegetation or shrubs in the sight triangle, the public works department may provide seven days' written notice to the owner of such violation and of the required actions, and, if the owner fails to properly remove or trim and maintain trees, shrubs and plants in the sight triangle, the village will do so at the owner's expense.
  7. If the owner does not remove any tree or maintain his vegetation or shrubs in the sight triangle, then the public works department may enter upon the property and so remove any trees or trim the vegetation and shrubs in compliance with this chapter and the cost thereof, including the cost of labor, materials and contractor costs as defined in HVC 36.08.210(c), shall be a lien upon the property and be enforceable by the village as in the case of municipal liens.

(Code 2024, § 4.7.18)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
36.08.210 Trimming Of Trees Or Shrubs On Private Property
  1. It is the duty of each property owner to trim and maintain trees, shrubs and plants located on that owner's private property in a manner consistent with provisions of HVC 36.08.120 insofar as the trees, shrubs or plants overhang or impact the streets, sidewalks or other public property.
  2. If an owner does not so maintain his property, the public works supervisor shall cause a written notice to be furnished to the owner regarding that owner's maintenance obligation and advising the owner if that maintenance obligation is not satisfied within seven days, that the village will trim the trees, shrubs and plants as necessary to comply with the provisions of this chapter and that the cost thereof will be charged to that owner, and will be a lien against that owner's property.
  3. If the owner does not adequately trim the trees and plants on his property as required by HVC 36.08.120, pursuant to the notice, the public works supervisor shall effect the trimming and the cost thereof, including the labor for village employees utilized, a reasonable cost for any village equipment utilized, and the cost of any equipment or labor contracted for by the village for the work, shall be the liability of the property owner, and, if unpaid, shall constitute a lien against the property.

(Code 2024, § 4.7.13)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
36.08.220 Village Lien For Trimming On Private Property

If the cost of such trimming, provided in HVC 36.08.210, is not paid by the owner thereof within 30 days after written notice to the owner, the amount thereof shall be a lien against the property of the owner, which lien shall be enforceable by the village as and in the case of foreclosure of other municipal liens against real property as authorized by 65 ILCS 5/11-20-7.

(Code 2024, § 4.7.14)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025