51-9. General Permits for New Motor Sports Facilities

  1. General provisions. No new motor sports facility can be constructed or operated without first receiving a motor sports facility permit upon proper application. Such permits shall only be issued if the new motor sports facility can meet the restrictions as specified in § 51-6. Notwithstanding the foregoing, if the applicant must apply for a special permit as outlined in § 51-6A (4), then see also the provisions of § 51-10.
  2. Application and preliminary review.
    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. Site plan prepared by an active North Carolina registered land surveyor, registered professional engineer or registered landscape architect and containing the following information:
        1. Names, addresses and telephone numbers of the applicant and the property owner.
        2. Plan scale, a North arrow and a vicinity map.
        3. Tax parcel identification number for any parcel of land containing the proposed new motor sports facility.
        4. Name, address, signature and seal of the person who prepared the site plan.
        5. Surveyed boundary lines of any parcel, or portion thereof that will contain the proposed new motorsports facility. (Such boundary lines shall be surveyed by an active North Carolina registered land surveyor.)
        6. Proposed location of all structures and accessory structures on the site.
      4. Vicinity map showing a 2 mile radius from the property line of the proposed new motor sports facility and locating any existing schools, public libraries, residential dwelling units and religious institutions within such area;
      5. Certification of the applicant stating that there are no existing health care facilities located within a 2 mile radius of the proposed new motor sports facility;
      6. Certification of the applicant stating whether or not there are any existing schools, public libraries, religious institutions or residential dwelling units located within a 2 mile radius of the proposed new motor sports facility;
      7. Property addresses and the respective owners of all existing schools, public libraries, religious institutions and residential dwelling units located within a 2 mile radius of the proposed new motor sports facility as shown on the records maintained by the Henderson County Land Records Office;
      8. Certification of the applicant stating that there are not more than 250 residential dwelling units located within a 1 mile radius of the proposed new motor sports facility;
      9. Documentation which shows proof of notice of such application to all landowners and tenants within the area of the proposed location of the new motor sports facility as evidenced by an affidavit of publication issued by a Henderson County newspaper authorized to publish legal notices in accordance with the North Carolina General Statutes;
      10. Schedule of proposed hours of operation for the new motorsports facility, including hours for racing events and practice sessions, which shall be subject to approval by the Board of Commissioners;
      11. Estimated noise emissions during hours of operation; and
      12. Noise mitigation plan, which shall be subject to approval by the Board of Commissioners.
    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. The Board will officially receive such application in the first regularly scheduled meeting at which the application is presented and shall set a hearing date at least 60 days in the future. The Board may forward such application to the Planning Department and any other appropriate party. The Planning Department will have at least 60 days in which to review the application. The Planning Department shall have the authority to forward the application to any other federal, state or local agency for comment.
  3. Quasi-judicial public hearing. The Board, sitting as a quasi-judicial body, shall hold a public hearing on any and all applications received under this chapter, unless the application is withdrawn. The public hearing shall be advertised at least 7 days, but not more than 14 days, prior to the public hearing in a Henderson County newspaper authorized to publish legal notices in accordance with the North Carolina General Statutes.
  4. Approval. The Henderson County Board of Commissioners shall be authorized to issue, upon receipt of an application and after holding a public hearing on said application, a permit to allow the construction and operation of any new motor sports facility, subject to the provisions of this Chapter. If all applicable provisions of this Chapter have not been met, then the Board of Commissioners must deny the permit. The issuance of a general permit shall entitle the applicant to operate the new motor sports facility as contemplated in the application. Such permit will not entitle the applicant to expand, alter or relocate the motor sports facility or its operations except as provided in § 51-14.