§ 3-33 APPEALS AND VARIANCES.
   (A)   Any applicant who is denied approval for a new or expanded motor sports facility permit may appeal that decision to the Greenville County Board of Zoning Appeals (“Board of Zoning Appeals”). Applicants may also apply to the Board of Zoning Appeals for a variance from the strict application of the requirements of this Article. Any appeal from a decision of the Building Official shall be to the Board of Zoning Appeals. All appeals must be in writing and filed within thirty (30) days upon receipt of written notice from the Building Official of the decision that is being appealed.
   (B)   Upon receipt of a completed appeal or variance request, the Secretary to the Board of Zoning Appeals shall place the matter on the Board’s next available regularly scheduled meeting agenda. The Board of Zoning Appeals shall consider requests and appeals received under this Article in accordance with the Board’s By-Laws covering the procedure for consideration of matters before the Board.
   (C)   In evaluating an appeal or variance request, the Board of Zoning Appeals may consider the type and size of racing events, size of parcel, residential density, frequency of racing events and other relevant factors. In its review, the Board of Zoning Appeals shall apply the following general site standards:
      1.   A 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 motor sports facility shall be located and developed in such a manner as to minimize the noise, glare, dust and odor effects on schools, public libraries or religious institutions.
      3.   A motor sports facility shall not be located or developed in such a manner as to adversely impact traffic congestion on area roads.
   (D)   In the event that the Board of Zoning Appeals determines that a proposed motor sports facility is contrary to one or more of the general site standards, then the Board of Zoning Appeals may impose conditions on the issuance of the special permit when such conditions will avoid a violation of the general site standards. The Board of Zoning Appeals must make specific findings of fact and conclusions based on the evidence presented.
(Ord. 3851, § 13, passed 11-16-2004)