51-12. Permits for Isolated Racing Events.

  1. General provisions. Except for racing events properly permitted pursuant to §51-9, §51-10 and §51-11, no other racing event may be conducted without first receiving a racing event permit issued pursuant to this § 51-12.
  2. Application.
    1. All applications must be directed to the Henderson County Board of Commissioners through the Clerk to the Board. The application shall include the following information:
      1. Name and address of applicant;
      2. Permit fee as set forth by the Henderson County Board of Commissioners on a fee schedule;
      3. The type and size of the proposed racing event;
      4. The size of the parcel on which the racing event will be conducted;
      5. The time and duration of the proposed racing event;
      6. Other activities in the specified geographical area at the same time as the proposed activity which would be disturbed by the proposed activity;
      7. The economic benefit to the community, any economic hardship on the applicant if the permit is denied or on others if it is allowed;
      8. The residential density in the proposed location;
      9. The effect of the activity on residential areas;
      10. The anticipated peak noise level of the racing event;
      11. Any previous violations of this Chapter by the applicant; and
      12. Any objections raised by neighbors affected by the noise of the activity.
    2. Once the Clerk to the Board has received a completed application, the Clerk will place such matter on the Board of Commissioners next available regularly scheduled meeting agenda. At the request of the applicant the Board of Commissioners shall hold a quasi-judicial hearing concerning any application submitted under this section.
  3. Approval.
    1. The Henderson County Board of Commissioners shall not issue a permit under this section if the separation requirements of §51-6A have not been met. In addition, the Board of Commissioners shall not issue a permit for more than 2 racing events per calendar year for any 1 location. In evaluation whether or not to issue a permit under this section, the Board of Commissioners may consider the following factors:
      1. The type and size of the proposed racing event;
      2. The size of the parcel on which the racing event will be conducted;
      3. The time and duration of the proposed racing event;
      4. Other activities in the specified geographical area at the same time as the proposed activity which would be disturbed by the proposed activity;
      5. The economic benefit to the community, any economic hardship on the applicant if the permit is denied or on others if it is allowed;
      6. The residential density in the proposed location;
      7. The effect of the activity on residential areas;
      8. The anticipated peak noise level of the racing event;
      9. Any previous violations of this chapter by the applicant;
      10. Any objections raised by neighbors affected by the noise of the activity; and
      11. Any other relevant factor.
    2. The Board of Commissioners, after considering the application and all relevant factors, may grant, grant with any conditions that may be imposed on a new motor sports facility or deny such permit. The permit, if issued, shall entitle the applicant to hold racing events only as prescribed in said permit. All permits issued pursuant to this section shall be limited in duration to a 24 hour period.
  4. Any violation of the conditions of an issued permit will be considered a violation of this Chapter.