§ 51-9. General Permits for New Motor Sports Facilities.
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.
Application and preliminary review.
All applications must be directed to the Henderson County Board of
Commissioners through the Clerk to the Board. The application shall include the
Name and address of applicant;
Permit fee as set forth by the Henderson County Board of
Commissioners on a fee schedule;
Site plan prepared by an active North Carolina registered land surveyor,
registered professional engineer or registered landscape architect and
containing the following information:
Names, addresses and telephone numbers of the applicant and
the property owner.
Plan scale, a North arrow and a vicinity map.
Tax parcel identification number for any parcel of land
containing the proposed new motor sports facility.
Name, address, signature and seal of the person who prepared
the site plan.
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.)
Proposed location of all structures and accessory
structures on the site.
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;
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;
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;
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;
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;
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;
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;
Estimated noise emissions during hours of operation; and
Noise mitigation plan, which shall be subject to approval
by the Board of Commissioners.
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.
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
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.