§ 46-698. Conditional uses. (See article IV of this chapter.)

Conditional uses in the C-1 district are as follows:

(1)

The construction of streets which are necessary for the continuity of the village street system, necessary for the provision of essential utility and public safety services, or necessary to provide access to permitted open space uses in the C-1 lowland conservancy districts, provided that:

a.

The street cannot, as a practical matter, be located outside the lowland conservancy district;

b.

The street is designed and constructed to minimize adverse impact upon the natural functions of the wetland as listed in section 46-43(b);

c.

The street is designed and constructed with the minimum cross section practical to serve the intended use;

d.

The street construction activities are carried out in the immediate area of the roadbed only; and

e.

Any filling, flooding, draining, dredging, ditching, tiling or excavating that is done must be necessary for the construction or maintenance of the street.

(2)

The construction and maintenance of nonresidential buildings used solely in conjunction with raising of waterfowl, minnows, or other wetland or aquatic animals, or used solely for some other purpose which is compatible with natural resource preservation, provided that:

a.

The building cannot, as a practical matter, be located outside the lowland conservancy district;

b.

The building is not designed for human habitation and does not exceed 500 square feet in area; and

c.

Only limited filling or excavating necessary to provide structural support is conducted.

(3)

The establishment and development of public and private parks, recreation areas, recreation trails, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves, and private habitat areas, provided that:

a.

Any private recreation or wildlife habitat area must be exclusively for that purpose;

b.

No filling is to be done; and

c.

Ditching, excavating, dredging, dike and dam construction may be done in wildlife refuges, game preserves and private wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance the value of a wetland or other natural resource.

(4)

The construction and maintenance of electric, gas, telephone, water and sewer transmission and distribution lines, and related facilities by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to members located outside the C-1 district, provided that:

a.

The transmission and distribution lines and related facilities cannot, as a practical matter, be located outside the lowland conservancy district; and

b.

Any filling, draining, dredging, ditching or excavating that is done must be necessary for the construction or maintenance of the utility, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetland area.

(5)

The construction and maintenance of railroad lines, provided that:

a.

The railroad lines cannot, as a practical matter, be located outside the lowland conservancy district; and

b.

Any filling, draining, dredging, ditching or excavating that is done must be necessary for the construction or maintenance of the railroad, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetland area.