51-6. Restrictions.

  1. Separation and setbacks. The separation and setback restrictions as provided in this § 51-6 shall apply to all new motor sports facilities but shall not apply to those existing motor sports facilities that hold a valid permit issued pursuant to § 51-11 of this Chapter:
    1. No portion of the property on which a new motor sports facility is located shall be situated within 2 miles of any portion of the property on which any health care facility is existing as of the date of application.
    2. All outside edges of any racing surface of a new major motor sports facility shall be at least 1,500 feet from any part of the property line of the proposed new major motor sports facility.
    3. All outside edges of any racing surface of a new minor motor sports facility shall be at least 500 feet from any part of the property line of the proposed new minor motor sports facility.
    4. If any portion of the property on which a new motor sports facility is to be located is within 2 miles of any portion of the property on which an existing school, public library, religious institution or residential dwelling unit is located, then the applicant shall be required to apply to the Board of Commissioners for a special permit as prescribed in § 51-10 herein and must comply with the standards as outlined in § 51-7.
  2. Residential density. No new motor sports facilities may locate where the residential density, the number of residential dwelling units located within 1 mile of any portion of the property on which a new motor sports facility is to be located, exceeds 250 residential dwelling units. The residential density restrictions as specified herein shall not apply to those existing motor sports facilities that hold a valid permit issued pursuant to § 51-11 of this Chapter.
  3. For the purposes of this Chapter all health care facilities, schools, public libraries, religious institutions and residential dwelling units shall be considered whether the same are located within or outside Henderson County or within the boundaries of any municipality within or outside Henderson County.