§ 51-8. General Site Standards.  
A.
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.    
B.
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.  
C.
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.