Scope of article; application; definitions.
Houston Code of Ordinances § 40-340
in effectSec. 40-340. - Scope of article; application; definitions.
(a) This article shall govern the improvement and use of the types of alleys, as defined herein, whether such improvement or use shall be for public use or pursuant to private rights of access.
(b) The provisions of this article shall apply only to alleys, as herein defined, but shall not apply to alleys platted, dedicated, and/or constructed subsequent to September 19, 1982, or dedicated and/or improved in conformity with Chapter 42 of this Code.
(c) The following words, terms and phrases used in this article shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise:
Alley shall mean the entire width between property lines forming any public right-of-way and which is designed primarily for secondary access to abutting properties having their primary access from an adjacent street or an approved or compensating open space or courtyard which has direct access to a public street.
Applicant shall mean a person who owns real property abutting an alley and seeks to improve such alley for motorized vehicular traffic use either by the public or pursuant to private rights of access.
Improve or improvement shall mean the filling, grading, raising, paving, re-paving, surfacing or other work done to change or alter the surface of, or drainage for, any alley, including any work, or the application of any material of whatever type, in, upon or to the surface or subsurface of an alley for the purpose of rendering such alley accessible by or usable for motorized vehicular purposes.
Paving shall mean the construction of any improvements to, or upon, any alley, including drainage or other similar work and the preparation and construction of both the subsurface and ultimate wearing or top surface of any alley, pursuant to the minimum standards set forth in section 40-343 of this Code.
Private rights of access shall mean those private rights of ingress and egress recognized by Texas law as being appurtenant to the purchase of real property by reference to a map or plat showing streets or alleys abutting such real property.
Public use shall mean a use or right of use available to the public in general, as distinguished from a particular individual or group of individuals. Public use alleys shall refer to alleys available for vehicular use and travel by the general public.
(Ord. No. 99-379, § 3, 4-21-99)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH40STSI_ARTXVAL_DIV1GE_S40-340SCARAPDEFetched: 10/26/2026