§ 151.109 SPECIAL USES.
   (A)   Home occupation(s), as defined in § 151.028 may be permitted in any residential zoning district.
   (B)   Mobile homes established after the enactment of this chapter shall be located only in PD-MH Zoning Districts, in compliance with § 151.138 of these regulations. Pre-existing mobile homes are non-conforming, and shall comply with § 151.152(G) or made to conform to § 151.137.
   (C)   Excavation of topsoil in any residential district for removal and sale is prohibited.
   (D)   Condominium ownership may be used on any style of construction, subject to zoning district regulations, City of Goose Creek fire and acoustical standards and the Southern Standard Building Code. Prior to the approval of any condominium project, the legal declaration establishing the ownership association shall be submitted to the Planning Commission for review and approval by the City Attorney, according to the Horizontal Property Act (S.C. Code §§ 27-31-10 et seq.), and provisions of this chapter. All the declarations shall require the association to provide architectural control and exterior building maintenance services.
   (E)   Adult uses, including but not limited to those defined in § 151.028, may be allowed in General Commercial Zoning Districts, subject to the provisions of § 151.109 above, and the following:
      (1)   Proposed location is not within 1,500 feet from the property line of a church, public or private school, public or private recreation area, properties zoned to allow residential uses, or properties with existing residential structures.
      (2)   Proposed location is not within 1,500 feet of another adult use, or an establishment that sells alcoholic beverages.
      (3)   For the purposes of this section, distances shall be measured in a straight line between the nearest portion of the proposed adult use lot and the nearest property line of a church, school, recreation area, or property zoned to allow residential use, or property with an existing residential use.
   (F)   Conditional uses, by type of land use, per zoning district, are illustrated in Appendix B. (See § 151.171(C).) Determination of uses not specifically identified as permitted or conditional shall be referred to the Planning Commission for approval or identification of additional controls.
      (1)   Parking of implements, trailers and/or equipment used for commercial, industrial, farm or construction purposes, in residential districts, is limited to one implement, trailer or piece of equipment per residence, and the implement, trailer and/or equipment can weigh no more than 5,000 pounds;
      (2)   Vehicles with a gross weight in excess of 10,000 pounds, and used for commercial, industrial, farm or construction purposes are prohibited from parking in residential districts when not actively involved in commerce. It is not, however, the intent of this section to prohibit the parking of the vehicle, by the resident, for use on his or her property on a temporary basis. For the purposes of this section, gross weight shall have the same meaning as set forth in S.C. Code §§ 56-3-20(19) and 56-5-360, as amended, and as set out on vehicle registration information issued by the Division of Motor Vehicles (DMV) of the South Carolina Department of Highways and Public Transportation; and
      (3)   The total number of implements, trailers, equipment and/or vehicles as set out in divisions (F)(1) and (2) above, is limited to one.
   (G)   Communication towers shall be reviewed as conditional uses subject to the provisions of § 151.171(C), and the following as outlined in Appendix B, with the exception that the City of Goose Creek shall be exempt from these regulations.
      (1)   A minimum of 50 feet setback from any residential district and use, plus two feet setback per one foot of tower height, as measured from the base of the tower. In the case of a tower or structure on a building, the additional setback shall be measured from the base of the building.
      (2)   For the purposes of this section, distances shall be measured in a straight line between the nearest portion of the proposed communication tower lot and the nearest property line of a property zoned to allow residential use, or property with an existing residential use.
      (3)   The proposed structure shall not endanger the health and safety of residents, employees or travelers, including, but not limited to, the likelihood of the failure of the structures.
      (4)   The proposed tower is located in an area where it will not substantially detract from aesthetics and neighborhood character or impair the use of neighboring properties.
      (5)   The proposed tower is not located within 1,000 feet of another tower.
      (6)   The proposed user has attempted to co-locate on existing towers and structures especially on any publicly owned and/or operated building, facility or land, and is willing to allow other users to co-locate on the proposed tower in the future, subject to engineering capabilities of the tower. At the time of permit application, satisfactory evidence shall be submitted that alternative towers, buildings or other structures are not available for use within the applicant's tower site search area that are structurally capable of supporting the intended antenna or meeting the applicant's necessary height criteria, or provide a location free of interference from other communication towers.
      (7)   Towers located on existing buildings and structures are preferable to the construction of new towers.
      (8)   Towers located in commercial areas shall not exceed a height of 150 feet and towers located in light industrial areas shall not exceed a height of 300 feet. Towers shall be constructed for future co-location opportunity subject to engineering capabilities of that design.
      (9)   To the extent possible, all new towers proposed for upgrades with new equipment shall employ techniques to hide the towers.
      (10)   All towers which have been abandoned as defined in § 151.152(C) shall be removed within 120 days of the date it is taken out of service.
      (11)   A site plan, elevation drawing(s), photographs and construction documents with an engineer's stamp and other appropriate documentation shall be submitted with the construction permit request for conditional use which provide the following information:
         (a)   Site plan must include the location of tower(s), guy anchors (if any), transmission building and other accessory uses, parking access, fences and adjacent land use. Landscaping and required buffering shall also be shown;
         (b)   Elevation drawings shall clearly show the design of the tower and materials to be used; and
         (c)   Photographs shall show the proposed site and the immediate area. Submittal of other detailed information, such as topography and aerial view, which supports the request are encouraged at the option of the applicant.
      (12)   Landscaping and fencing are to be provided as follows:
         (a)   An eight-foot high fence shall be provided around the tower and any associated building;
         (b)   Around the base of the tower, outside of the fencing, a buffer screen shall be provided subject to the provisions of § 151.085(A)(1) through (3). Landscaping shall be required in accordance with § 151.083;
         (c)   Towers and structures shall be illuminated only to the extent required by applicable federal or state statute or regulation;
         (d)   No signage is permitted except as is required by applicable state or federal law, rule or regulation. Signs for the purpose of identification, warning, emergency function or contact may be placed as required by standard industry practice;
         (e)   Communication towers and structures located in Light Industrial Districts shall be subject to the review and approval by the Architectural Review Board; and
         (f)   Communication towers and structures shall be earth tone colors, except as otherwise required by applicable federal or state statute or regulation.
   (H)   Tattoo facilities as defined in § 151.028, may be allowed in the General Commercial, Light Industrial, and General Industrial Zoning Districts, subject to the provisions of § 151.109 above, and the following:
      (1)   Proposed location is not within 1,000 feet from the property line of a church, public or private recreation area, properties zoned to allow residential uses, or properties with existing residential structures.
      (2)   For the purposes of this section, the distance must be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of a church, public or private school, public or private recreation area, properties zoned to allow residential uses, or properties with existing residential structures.
      (3)   Must meet all the licensure and certification requirements as outlined by the South Carolina Department of Health and Environmental Control (DHEC).
(1985 Code, Art. VI, § 605) (Ord. 90-04, passed 3-13-1990; Ord. 92-03, passed 5-5-1992; Ord. 97-002, passed 1-14-1997; Ord. 96-012, passed 10-8-1996; Ord. 99-013, passed 8-10-1999; Ord. 11-009, passed 7-12-2011; Ord. 17-019, passed 8-8-2017; Ord. 2021-005, passed 2-9-2021)