Provided such uses shall not in the opinion of the Planning Commission be adverse to the purpose of this section or damaging to the public health, safety or welfare, or impose a financial burden upon the community, the following uses may be permitted by issuance of a special use permit in accordance with §§ 82-56 et seq., and any other requirements stipulated in this chapter. In no case, however, shall encroachments in the floodway be allowed which would cause any increase in base flood elevations.
(1) Dumping or backfilling with any material in any manner. In the case where a floodplain area has no groundwater recharge or impoundment, potential filling may occur through compensating excavation and shaping of the floodplain in such a way so as to maintain or improve the flow or natural impoundment capacity of the floodplain. In no case shall the flow or impoundment capacity of the floodplain be reduced.
(2) Uses permitted in the zoning district in which the property is located, except cemeteries, provided that any building constructed in the floodplain shall have a minimum ground floor elevation including basement of not less than 1 foot above the elevation of the floodplain and provided that construction shall not impede the flow in the watercourse.
(1993 Code, § 82-310) (Ord. passed 10-12-1992)