§ 51-9. General Permits for New Motor Sports Facilities.  
A.
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.  
B.
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:  
a.
Name and address of applicant;  
b.
Permit fee as set forth by the Henderson County Board of 
Commissioners on a fee schedule;  
c.
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.    
d.
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;  
e.
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;  
f.
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;  
g.
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;  
h.
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;  
i.
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;  
j.
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;  
  
k.
Estimated noise emissions during hours of operation; and  
l.
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.    
C.
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.  
D.
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.