§ 51-10. Special Permits for New Motor Sports Facilities.
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.
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.
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.
Any violation of the conditions of an issued permit will be considered a violation of this