Allowed and Prohibited Land Uses in Dallas Conservation Districts

In the City of Dallas, land uses within a Conservation District are established primarily by the specific ordinance created for each individual district to protect its unique physical and architectural attributes. If a Conservation District ordinance does not expressly list its permitted uses, the City of Dallas defaults to the regulations of specific "base" districts determined by the density and height restrictions of that particular area.

Permitted Uses and Default Zoning

The City of Dallas defines a Conservation District (CD) as a special purpose district intended to protect physical attributes, promote compatible development, and enhance livability [Section 51A-4.505(b)]. Because every Conservation District is unique, each must be established by a separate, individual City of Dallas ordinance [Section 51A-4.505(c)].

When determining which land uses are allowed, the City of Dallas follows a hierarchy of applicability. If the specific Conservation District ordinance is silent regarding land use, the following default zoning classifications apply:

Default Use Classifications for Dallas Conservation Districts

If the Conservation District is...	The City of Dallas treats it as this "Base" District:
Restricted to single-family and/or duplex uses	Townhouse [TH-3(A)]
Restricted to residential (max height 36') and allows multifamily	Multifamily [MF-2(A)]
Restricted to residential and allows multifamily (height exceeds 36')	Multifamily [MF-3(A)]
Intended for nonresidential purposes	A standard Nonresidential zoning district

[Section 51A-4.505(c)(3)]

Establishing the Use List

During the preparation of a new Conservation District ordinance in the City of Dallas, the director and the neighborhood committee collaborate to draft specific regulations. These regulations can include a custom list of "permitted uses" tailored to that specific neighborhood [Section 51A-4.505(d)(4)(C)]. Once these uses are codified in the district's specific ordinance, they become the governing law for that area of the City of Dallas.

Prohibited Uses and Structures

While specific prohibitions are often unique to each district's ordinance, the City of Dallas Development Code establishes several baseline restrictions for all Conservation Districts:

Non-Conforming Use Discontinuation: The City of Dallas may require the board of adjustment to provide a plan for the mandatory local discontinuance of nonconforming uses within a Conservation District [Section 51A-3.102(d)(4)].
Demolition: The "intentional destruction of an entire building" (Demolition) is strictly regulated. In many cases, property owners in a City of Dallas Conservation District must obtain a certificate of appropriateness or a predesignation certificate before any demolition can occur [Section 51A-4.505(a)(5)].
Industrialized Housing: The construction of industrialized housing is prohibited in a City of Dallas Conservation District unless it conforms to the specific preservation criteria set forth in that district's unique ordinance [Section 51A-4.113(E)(iii)(gg)].
Signage Prohibitions: In the McKinney Avenue Sign District (a type of special sign district often overlapping with historic or conservation areas), detached non-premise signs are specifically prohibited [Section 51A-7.1508(e)].

Regulatory Authority

The City of Dallas Landmark Commission and the City Plan and Zoning Commission have the authority to recommend changes in use where existing conditions would cause "undue hardship" to a property owner if they were forced to comply with the standard Conservation District restrictions [Section 51A-3.103(c)(5)].

Sections Cited