Initiating improvement of alley for public use; criteria.
Houston Code of Ordinances § 40-342
in effectSec. 40-342. - Initiating improvement of alley for public use; criteria.
(a) Procedure. The improvement of an alley for public use may be initiated by:
(1) Any person(s) owning real property abutting an alley who agree(s) to obtain the permit required by section 40-344 of this Code and comply with all requirements applicable to such alley, as provided in this article, including payment of all costs of improving such alley for public use; or
(2) The filing of a petition with the city engineer, signed by at least 75 percent of the property owners abutting such alley, wherein such abutting owners agree to pay their share of the costs to improve such alley through the city's usual paving assessment procedures.
(b) Determination by city engineer. No alley shall be improved or maintained for public use unless the city engineer authorizes the issuance of an appropriate permit after determining that:
(1) The improvement of such alley for public use will serve a bona fide public purpose and need;
(2) The traffic entering upon or exiting from such alley to an adjacent public street will not result in a significant impediment to existing traffic flow or constitute a traffic hazard;
(3) The condition or location of underground or above-ground utilities:
(i) will not be damaged or otherwise adversely affected by the opening of such alley; or;
(ii) if existing utilities would be adversely affected, the applicant agrees to relocate such utilities, at applicant's sole cost and expense;
(4) The condition and location of underground or above-ground utilities are such that it is unlikely that any paving or other surface improvements to be constructed or installed in such alley will be disturbed to replace, repair or upgrade such utilities within the succeeding five years; and
(5) Any applicant seeking a permit to improve such alley for public use has demonstrated the financial ability to fully comply with the requirements of this article, including, without limitation, the improvement of the alley to the standards prescribed in section 40-343 of this Code, if applicable.
(c) Minimum requirements. The following requirements shall apply in connection with the improvement for public use of any alley:
(1) A minimum right-of-way width of ten feet shall be available within such alley;
(2) Alleys with a right-of-way width of 20 feet or less shall be restricted to one-way traffic and shall connect two public streets;
(3) The junction of the alley and any connecting public street shall be at right angles, except as otherwise approved by the city engineer;
(4) The alley shall be constructed and improved in accordance with the standards, specifications and requirements set forth in section 40-343 of this Code;
(5) Minimum paving widths shall be 12 feet for alleys with a right-of-way width of 15 feet or more and eight feet for alleys with a right-of-way width of less than 15 feet; and
(6) An applicant must obtain the permit and post the bond (or cash deposit) required by this article.
(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_DIV2PUUSAL_S40-342INIMALPUUSCRFetched: 10/26/2026