Chapter 51 - Motor Sports Facilities

This Chapter shall be known and may be cited as the "Henderson County Motor Sports Facilities Ordinance."

This Chapter is hereby adopted under the power and authority granted to counties under N.C.G.S. 153A- 121 and N.C.G.S., Chapter 153A, Article 18.

This Chapter shall apply to:

1. All unincorporated areas of Henderson County, except within the extraterritorial jurisdiction of a municipality that is exercising those powers contained in N.C.G.S. Chapter 160A, Article 19 if such extraterritorial jurisdiction has been validly established; and
2. Any incorporated area over which the County by general or local law exercises those powers contained in N.C.G.S. Chapter 153A, Article 18.

The purpose of this Chapter is to establish a minimum separation of new motor sports facilities from health care facilities, schools, public libraries, religious institutions and residential dwelling units. Additionally, this Chapter seeks to impose minimal specific site standards on new motor sports facilities within 2 miles of an existing school, public library, religious institution or residential dwelling unit and to give the Board of Commissioners authority to impose additional restrictions where necessary to protect the health, safety and welfare of such facilities and dwellings. This Chapter also seeks to minimize the impact of new motor sports facilities on densely populated residential communities. The Henderson County Board of Commissioners makes the following findings in support of the above-stated purpose:

1. That motor sports facilities provide a recreational outlet for many persons, including citizens of Henderson County.
2. That motor sports facilities have adverse secondary impacts which could be detrimental to the health, safety and welfare of the citizens of Henderson County.
3. That adverse secondary impacts of motor sports facilities may affect the operations of health care facilities located within a 2 mile radius of each such motor sports facility.
4. That adverse secondary impacts of motor sports facilities may affect the operations and use of schools, public libraries, religious institutions, residential dwelling units and other properties located adjacent to such motor sports facility.
5. That the adverse secondary impacts of motor sports facilities which may affect the operations of schools, public libraries, religious institutions and residential dwelling units located within a 2 mile radius of a motor sports facility may be minimized by the imposition of site standards.
6. That it is in the best interest of the citizens of Henderson County that motor sports facilities be regulated so as to minimize the adverse secondary impacts of such facilities on the citizens of Henderson County.

The following terms are defined for purposes of this Chapter:

1. Buffer - A portion of property generally situated along the property line in which no or limited development may occur, but which shall contain fences, walls, berms or vegetative barriers necessary to insulate adjoining land from activities occurring on the property.
2. Existing Motor Sports Facility - Any permanent motor sports facility for which construction or installation was completed prior to the effective date of this Chapter.
3. Health Care Facility - Any residential or inpatient medical facility, whether public or private, including but not limited to the following: general hospitals; chronic disease, maternity, mental, tuberculosis and other specialized hospitals; facilities for intensive care and self-care; nursing homes, including skilled nursing facilities and intermediate care facilities; and facilities for continuing care of the elderly and infirm.
4. Major Motor Sports Facility - A motor sports facility having a seating or standing capacity of 1,000 or more persons. For purposes of this definition, standing capacity shall be computed based on 3 persons for each 200 square feet of space directed to patron use.
5. Minor Motor Sports Facility - A motor sports facility having a seating or standing capacity of less than 1,000 persons. For purposes of this definition, standing capacity shall be computed based on 3 persons for each 200 square feet of space directed to patron use.
6. Motor Sports Facility - Any facility, track or course upon which racing events are conducted.
7. Motor Vehicle - Any vehicle which is, or is designed to be, self-propelled or is designed or used for transporting persons or property. This definition includes watercraft, but excludes airplanes or aircraft.
8. New Motor Sports Facility - Any permanent motor sports facility for which construction or installation was commenced after the effective date of this Chapter. In addition, any recreational park or similar facility which initiates racing events after the effective date of this Chapter shall be considered a new motor sports facility.
9. Person - Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof or any legal successor, representative, agent or agency of the foregoing.
10. Public Library - Any library established by the state; a county, city, township, village, school district or other local unit of government or authority or combination of local units of governments and authorities; community college or university; or any private library open to the public.
11. Racing Event - Any time, speed or distance competition using motor vehicles, whether or not conducted under the auspices of a recognized sanctioning body, including but not limited to events on the surface of land and water. Racing events shall be deemed to include any practice sessions, time trials, qualification rounds or any other similar activity.
12. Religious Institution - Any church, ecclesiastical or denominational organization or any established physical place for worship at which nonprofit religious services and activities are regularly conducted.
13. 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.
14. Residential Dwelling Unit - Any separately owned residence, including mobile homes or mobile home spaces, for use of 1 or more persons as a housekeeping unit with space for eating, living and permanent provisions for cooking and sanitation, whether or not attached to other such residences, and the structure and facilities and appurtenances therein and grounds, areas and facilities normally held out for the use of residents who are using the dwelling unit as their primary residence.
15. School - Any elementary or secondary school, whether public or private, established under N.C.G.S. Chapter 115C and any community college established under the provisions of N.C.G.S. Chapter 115D

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.

The specific site standards as provided in this § 51-6A (4) shall apply to only those new motor sports facilities falling under § 51-7 of this Chapter and which must obtain a special permit as prescribed in §51- 10. In evaluating whether the specific site standards have been met, the Board may consider the type and size of racing events, size of parcel, residential density, frequency of racing events and other relevant factors. The applicant shall bear the burden of proving that all of the following specific site standards have been met:

1. Hours of operation. No racing event may be conducted during the hours of 11:00 p.m. and 7:00 a.m. Racing events may be conducted for a maximum of 3 consecutive days, a maximum of 5 days in any calendar week and a maximum of 6 hours per day.
2. Lighting. Adequate outdoor lighting shall be provided for all spaces directed to patron use if a motor sports facility is to be operated at night. All outdoor lighting fixtures shall be installed and operated in such a manner as to protect the streets and neighboring properties from direct glare or hazardous interference of any kind.
3. Buffer. A buffer having a minimum width of 100 feet shall be required along all property lines of the property on which a motor sports facility is to be located. No development, including but not limited to accessory buildings, parking area or drives, may be located in the buffer, except for permissible entryways and exits.
4. Parking. Each motor sport facility shall have a designated on-site parking area consisting of at least 1 parking space, of a size not less than 9 feet by 18 feet, for each 3 seats based upon maximum capacity of the motor sports facility or per each 200 square feet of space directed to patron use, whichever is greater.
5. Access. Each entryway or exit shall have a travel width of at least 22 feet and shall extend through the property to the designated parking areas.
6. Fire suppression. Adequate fire suppression resources shall be required for each motor sports facility.
7. Noise mitigation. An adequate noise mitigation plan shall be provided which shall demonstrate that good faith efforts to reduce noise effects in the vicinity have been made.
8. Other. The Board of Commissioners may impose other reasonable requirements as conditions to a special permit being issued where necessary to meet the general standards contained in § 51-8, including but not limited to conditions related to the specific site standards listed above, setbacks, off-street parking, stormwater management, sedimentation and erosion control, traffic flow, road construction and maintenance, off- site access, road frontage, impervious surface areas, sound barriers.

1. The general site standards as provided in this § 51-8 shall apply to only those new motor sports facilities falling under § 51-6A (4) of this Chapter and which must obtain a special permit as prescribed in § 51-10. In evaluating whether the general site standards have been met, the Board may consider the type and size of racing events, size of parcel, residential density, frequency of racing events and other relevant factors. The following general site standards shall apply:
   
   1. A new motor sports facility shall not be located or developed in such a manner as to adversely affect the health, safety or welfare of the patrons of schools, public libraries or religious institutions.
   2. A new motor sports facility shall be located and developed in such a manner as to minimize the economic, noise, glare, dust and odor effects on schools, public libraries and religious institutions.
   3. A new motor sports facility shall not be located or developed in such a manner as to seriously worsen the traffic congestion so as to endanger the public safety.
   4. A new motor sports facility shall be located and developed in such a manner as to comply with all applicable federal, state and local laws, rules and regulations.
   5. A new motor sports facility shall be located and developed in such a manner as to be consistent with the goals and objectives as outlined in the Henderson County Comprehensive Land Use Plan.
2. In the event that the Board of Commissioners determines that a proposed new motor sports facility is contrary to one or more of the general site standards, then the Board of Commissioners may impose a condition on the issuance of the special permit when such condition will avoid a violation of the general site standards. The imposition of such a condition may only be based on evidence presented at the hearing that the general site standards would not be met without the imposition of such condition. The Board must make specific findings of fact based on the evidence presented prior to the imposition of such condition.
3. The applicant will not bear the burden of proving that all of the general site standards as listed above have been met. The applicant will, however, be required to produce evidence sufficient to rebut any evidence presented that the general site standards would not be met or that a condition is necessary.

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.

1. General provisions. If an application submitted in accordance with § 51-9, or the review of that application, indicates that 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 must obtain a special permit. In that event, to the extent that the same are not in conflict, the application process as outlined in § 51-9 and the restrictions and standards outlined in the following sections shall apply: §51-6, 51-7 and 51-8 shall govern.
2. Approval. The Henderson County Board of Commissioners, upon receipt of an application for a special permit and after holding a public hearing on said application, shall determine whether the restrictions set out in § 51-6 and the standards set out in §51-7 and §51-8 have been met by the applicant. If the restrictions and standards have been met by an applicant, then the Board of Commissioners shall issue the special permit. If the Board could impose a reasonable condition that would prevent the denial of a special permit, then the Board must issue the special permit subject to such reasonable condition. A special permit may only be denied when a violation could not be cured by the imposition of a condition. The issuance of a special 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.
3. Any existing school, public library, religious institution or residential dwelling unit located within 2 miles of a proposed new motor sports facility shall have standing to participate in the quasi-judicial hearing required to be held pursuant to this section.
4. Any violation of the conditions of an issued permit will be considered a violation of this Chapter.

1. Existing motor sports facilities shall be exempt from the restrictions as contained in § 51-6 and from the standards as contained in §51-7 and §51-8 of this Chapter and may be granted a permit pursuant to the provisions of this § 51-11. An application for a permit under this section shall be submitted to the Henderson County Planning Department. A permit shall be issued by the Planning Director if the applicant can demonstrate the existence of the motor sports facility on or before the effective date of this Chapter. A permit issued pursuant to this section shall entitle the permit holder to continue operation of the existing motor sports facility. It shall not entitle the permit holder to expand the existing motor sports facility, construct additional or new motor sport facilities or to relocate the existing motor sport facility to a different geographical area.
2. This section shall expire 1 year from the effective date of this Chapter. Thereafter, any person requesting a permit for a motor sports facility shall be required to fully comply with all requirements applicable to new motor sports facilities as contained in this Chapter.

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.

Appeals from permitting decisions made by the Planning Director pursuant to this Chapter shall be made to the Board of Commissioners. Appeals from permitting decisions made by the Board of Commissioners shall be made to Henderson County Superior Court. All appeals must be made in writing within 30 days of the permitting decision appealed from.

1. Relocation. No motor sports facility shall relocate without first submitting a new application and securing a new permit. Such applicant shall be required to fully comply with all requirements applicable to new motor sports facilities as contained in this Chapter. Failure to secure a permit for relocation will be deemed a violation of this Chapter.
2. Alteration. Any alteration of the operations of a motor sports facility shall be allowed as long as such alterations do not have the result of an expansion or violate a condition of a permit. If an alteration would result in the violation of a condition of a permit, then an application for an amendment to the special permit must be submitted and processed in accordance with this section and § 51-15; otherwise such alteration will be deemed a violation of this Chapter.
3. Expansion of a minor motor sports facility.
   
   1. A minor motor sports facility may expand or alter its facilities or operations without any additional restrictions and without securing an amendment to the permit if the conditions of the permit, if any, will not be violated and if the size of the facility after the proposed expansion or alteration would not be increased to the point that the facility would be considered a major facility.
   2. If any condition of a permit of a minor motor sports facility will be violated by a proposed expansion or alteration to operations, then an application for an amendment to the permit must be submitted and processed in accordance with this section and § 51-15; otherwise such expansion or alteration will be deemed a violation of this Chapter.
   3. In the event that the size of the facility after the proposed expansion or alteration is such that the facility would be considered a major facility, then an application for a new permit must be submitted and processed and the applicant shall be required to fully comply with all requirements applicable to new major motor sports facilities as contained in this Chapter. Failure to secure such amendment will be deemed a violation of this Chapter.
4. Expansion of a major motor sports facility. A major motor sports facility may expand or alter its facilities or operations without any additional restrictions and without securing an amendment to the permit if the conditions of the permit, if any, will not be violated and if the seating capacity of the facility is increased by not more than 20% over any 3 year period.
   
   1. Special permits.
      
      1. If any condition of a special permit of a major motor sports facility will be violated by the proposed expansion or alteration then an application for an amendment to the permit must be submitted and processed in accordance with this section and § 51-15; otherwise such expansion or alteration will be deemed a violation of this Chapter.
      2. In the event that the seating capacity of the facility permitted by special permit is increased by 20% or more over any 3 year period, then an application for an amendment to the special permit must be submitted and processed in accordance with this section and § 51-15. The location of a residential dwelling unit, health care facility, school, public library or religious institution within a 2 mile radius of the facility or an increase in the residential density, subsequent to the original permit application, shall not preclude such amendment but may be considered when evaluating whether specific or general site standards will be met and whether any additional conditions to the special permit are necessary. Failure to secure such amendment will be deemed a violation of this Chapter.
   2. General permits. In the event that the seating capacity of the facility permitted by general permit is increased by 20% or more over any 3 year period, then an application for an amendment to the permit must be submitted and processed in accordance with this section and § 51-15. The location of a residential dwelling unit, health care facility, school, public library or religious institution within a 2 mile radius of the facility or an increase in the residential density, subsequent to the original permit application, shall not preclude such amendment but may be considered when evaluating whether specific or general site standards will be met and whether any conditions to the permit are necessary. Any general permit that has been amended to impose conditions shall thereafter be considered a special permit. Failure to secure such amendment will be deemed a violation of this Chapter.

1. Except as specifically provided in this section, all applications for amendments to permits must be submitted and processed in accordance with §51-9 and §51-10, as appropriate. The amendment application shall include the following information:
   
   1. Name and address of applicant;
   2. Application fee as set forth by the Henderson County Board of Commissioners on a fee schedule;
   3. Copy of the original permit;
   4. Such information as will adequately describe the proposed expansion or alteration to the facility or operations;
   5. Vicinity map showing a 2 mile radius from the property line of the permitted motor sports facility and locating any existing schools, public libraries, residential dwelling units and religious institutions within such area;
   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 permitted motor sports facility; and
   7. Property addresses and the respective owners of all existing schools, public libraries, religious institutions and residential dwelling units located within a two-mile radius of the permitted motor sports facility as shown on the records maintained by the Henderson County Land Records Office.
2. Upon receipt of an amendment application and after holding a public hearing on said application as provided in §51-9 and §51-10, the Henderson County Board of Commissioners shall be authorized to amend any permit to allow for the expansion or alteration of a motor sports facility or its operation, subject to the provisions of this Chapter.

Events occurring subsequent to the date of an application of any permit, including but not limited to the location of a residential dwelling unit, health care facility, school, public library or religious institution within a 2 mile radius of a motor sports facility or changes in the residential density, shall not operate to invalidate the permit.

Any person, firm or corporation violating any provision of this chapter shall be subject to civil penalties of $50.00 for each violation, with each day of violation being treated as a separate violation.

The Board of Commissioners may revoke any permit issued pursuant to this Chapter for any violation of this Chapter; provided, however, that prior to the Board of Commissioners' consideration of the revocation of the permit, the Planning Director shall notify the owner/operator of the facility of the violation that may cause the permit to be revoked and give the owner/operator at least 10 business days to cure the violation. If the owner/operator fails to cure the violation within the time prescribed, the Planning Director may prepare an item requesting that the Board of Commissioners set a quasi-judicial public hearing on the revocation of the permit and shall forward the item to the County Manager by the agenda deadline for the first regularly scheduled meeting of the Board of Commissioners after the revocation request has been submitted. The Board of Commissioners shall schedule a public hearing for a date which allows sufficient time for notice of the hearing to be published in the newspaper authorized to publish legal notices in accordance with the North Carolina General Statutes. Such notice must be published once at least 7 days but not more than 14 days in advance of the public hearing. The revocation of the permit must be made in writing and must be accompanied by the reasons for which the permit was revoked. The Board of Commissioners may consider any appropriate amendments to the permit at the time that the violation and the revocation request is considered. Once a permit is revoked in accordance with this section, any further application shall be considered a new application, and all applicable provisions of this Chapter shall apply.

The Board of Commissioners may set fees for any and all permits granted under the terms of this Chapter and for processing applications for amendments. All reasonable and necessary expenses associated with processing, issuance or denial of any permit or amendment application, including but not limited to advertising fees, may be recovered from the applicant.