1. PURPOSE. To preserve, protect, and enhance the ponds, streams, shorelands, and wetland areas of the City of Waukesha. The preservation, protection, and enhancement of these areas will serve to maintain safe and healthful conditions; maintain and improve water quality, both ground and surface; maintain storm and floodwater storage capacity; control storm water runoff; protect stream banks from erosion; protect groundwater recharge and discharge areas; protect wildlife habitat; protect native plant communities; avoid the location of structures on soils which are generally not suitable for use; and protect the water-based recreation resources of the City. Boundaries of the C-1 District are based on the Wisconsin Wetland Inventory Maps for the City of Waukesha, dated April 10, 1986, and stamped "FINAL," and include, but are not limited to, all shoreland wetlands, five acres or greater in area shown on those maps.
2. PERMITTED PRINCIPAL USES.
   1. Hiking, fishing, trapping, swimming and boating, unless prohibited by other laws and ordinances.
   2. Harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops, and that does not involve filling, flooding, draining, dredging, ditching, tiling, or excavating.
   3. Silviculture, including the planting, thinning, and harvesting of timber, provided that no filling, flooding, draining, dredging, ditching, tiling, or excavating is done except for temporary water level stabilization measures to alleviate abnormally wet or dry conditions which would have an adverse impact on silvicultural activities if not corrected.
   4. Construction and maintenance of fences.
   5. Existing agricultural uses provided that they do not involve extension of cultivated areas, extension of or creation of new drainage systems, and further provided that they do not substantially disturb or impair the natural fauna, flora, topography, or water regimen.
   6. Ditching, tiling, dredging, excavating, or filling done to maintain or repair an existing agricultural drainage system only to the extent necessary to maintain the level of drainage required to continue the existing agricultural use, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is permissible under Chapter 30 of the Wisconsin Statutes, and that dredged spoil is placed on existing spoil banks where possible.
   7. The construction and maintenance of piers, docks, and walkways, including those built on pilings.
   8. The maintenance, repair, replacement, and reconstruction of existing streets, roads, and bridges.
   9. The construction and maintenance of duck blinds.
3. CONDITIONAL USES.
   1. The construction of streets which are necessary for the continuity of the City 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 District, provided that:
      1. The street cannot as a practical matter be located outside the conservancy district;
      2. The street is designed and constructed to minimize adverse impacts upon the natural functions of the wetland as listed in Section 22.67(7)(b);
      3. The street is designed and constructed with the minimum cross-section practical to serve the intended use;
      4. The street construction activities are carried out in the immediate area of the roadbed only; and
      5. 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 non-residential 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:
      1. The building cannot as a practical matter be located outside the conservancy district;
      2. The building is not designed for human habitation and does not exceed five hundred (500) square feet in area; and
      3. Only limited filling or excavating necessary to provide structural support is conducted.
      4. Provided that a boathouse is not used for human habitation and the construction or placement of a boathouse or fixed houseboat is not below the ordinary highwater mark of any navigable water.
   3. The establishment and development of public and private parks and recreation areas, recreation trails, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refugees, game preserves, and private habitat areas, provided that:
      1. Ball diamonds, soccer fields, tennis courts, playfields, playgrounds or other active recreational areas will not be constructed or maintained in a wetland.
      2. Any private recreation or wildlife habitat area must be exclusively for that purpose;
      3. Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches, or the construction of bicycle paths, recreational trails, park shelters or similar structures is allowed;
      4. Wetland alterations 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, and the cons truction and maintenance of railroad lines, provided that:
      1. The transmission and distribution lines and related facilities cannot as a practical matter be located outside the conservancy district; and
      2. 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 conservancy area.
      3. Such construction or maintenance is done in a manner designed to minimize the adverse impact upon the criteria listed in Section 22.67(7)(b) of this Ordinance.
      4. The construction and maintenance of railroads lines, provided that the railroad lines cannot as a practical matter be located outside the conservancy district; and 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 conservancy areas.
   5. Wireless communications facilities as set forth and under conditions authorized in Section 22.21.
4. WETLANDS USED FOR DENSITY CALCULATION. Where a lot is located partially within a C-1 District and partially within an adjoining use district, that area of the parcel in the C-1 District may be used to meet the minimum lot area requirements of the adjoining use district provided that not more than twenty percent (20%) of the lot area requirement may be met by the use of the C-1 District lands.
5. PROHIBITED USES.
   1. Any use not listed as a permitted use or a conditional use is prohibited unless the C-1 District lands concerned are first rezoned into another district.
   2. The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary highwater mark of any navigable water are prohibited.

(Rep. & recr. #66-01)