4309 American Way Memphis, TN 38118-2901

h. CMU-2 and CBD districts. Any convenience store with gas pumps or gas stations constructed in the CMU-2 and CBD districts after the effective date of this ordinance (ZTA 21 -2) or reactivated after one year of discontinuance or whose convenience store is reconstructed or relocated shall require the issuance of a Special Use Permit, except in situations where the requirements of Sub -Item 2.6.3J(2)(d)(ii) are met, in which case a Special Use Permit may be waived. Convenience stores with gas pumps and gas stations constructed in the CMU -2 and CBD districts prior to the effective date of this ordinance (ZTA 21 -2), may be otherwise expanded and modified under the provisions of this Code , but any reconstruction or relocation of a canopy shall be in compliance with Sub -Item 2.6.3J(2)(d)(i). In addition to the approval criteria articulated in Section 9.6.9, the Land Use Control Board and governing body shall also consider the proximity of the convenience store with gas pumps or gas station to both 1) other convenience stores with gas pumps and gas stations and 2) single-family residential zoning districts when reviewing an application for a Special Use Permit pursuant to this Item. i. Rope lighting subject to Paragraph 4.9.4A(10) is prohibited. 2. Fuel Canopies a. Fuel canopies may be located within the required front yard of a lot. With the exception of those canopies built pursuant to Sub -Item 2.6.3J(2)(d)(ii), t he canopy shall be located no closer than 10 feet to any side or rear property line or right -of-way. This Item shall not be construed to supers ede the landscaping and streetscape provisions of Article 4. b. The canopy shall not exceed a height of 20 feet. c. Canopy lighting shall not extend beyond the area beneath the canopy and all fixtures shall be recessed, including any fixture or lens. d. Architectural compatibility of fuel canopies i. Establishments permitted by right The canopy shall be either 1) architecturally and structurally integrated and architecturally compatible or 2) architecturally compatible with the design of the principal building by exhibiting one or more of the 2.6 Use Standards Article 2 Districts and Uses 2.6.3 Commercial Use Standards Memphis/Shelby County Unified Development Code 43 ZTA 24-2 following features, which shall be complementary to the principal building: roof pitch, architectural detailing, materials, and color scheme. Support columns for a fuel canopy shall be sheathed in the same masonry used on the principal building . Canopies built under this Sub -Item shall contain no signage .