(A) Permitted minor modifications from buffer area requirements. A 25% reduction in the buffer width is permitted on a portion of the property if it is offset by an increase of the buffer width on an equal or greater portion of the same property with the result that the average buffer area width for the property is equal to or greater than that specified in the table in § 115.067.
(B) Variances - additional criteria. Buffer area requirements are dimensional requirements with respect to which variances may be requested as specified in KRS 100.243. In addition to the applicable criteria for variances provided by statute, the following factors may be considered in such a variance request.
(1) The variance is necessary because the requirements of this section represent an extreme hardship such that minimal or no reasonable economic use of the land is available without reducing the width of the required buffer area.
(2) The size, shape, or topography of the property, as of March 1, 2003, is such that it is not possible to construct a single-family detached dwelling without encroaching into the required buffer area.
(3) Encroachment into the required buffer area shall be limited to the minimum necessary to accommodate the proposed use.
(4) The applicant shall commit, to the satisfaction of the county, to mitigation measures that substantially offset any potential adverse impacts of the proposed encroachment during site preparation, construction, and post-construction.
(5) Approval of the variance will not result in a reduction in water quality.
(LDC § 4.8.4)