§ 18-701. Retail goods establishment – with alcoholic beverage sales.

(a) In general.

Except as provided in subsection (b) of this section, retail goods establishments with alcoholic beverage sales in a residential district must be terminated as follows:

(1) for an establishment with alcoholic beverage sales that existed as a lawful nonconforming use before June 5, 2017, no later than June 4, 2019, notwithstanding the issuance of any prior use permit as a nonconforming package goods liquor store; and

(2) for an establishment that becomes nonconforming on or after June 5, 2017, whether by the enactment of this Code, by the enactment of an amendment to this Code, or by the reclassification of the property, no later than 3 years after the date on which the use became nonconforming.

(b) Waiver for hardship.

(1) Board Authority.

The Board of Municipal and Zoning Appeals may extend by an additional 2 years the time by which a retail goods establishment with alcoholic beverage sales must terminate the nonconforming use.

(2) Timely application.

To obtain an extension, the property owner or lessee must apply to the Board, in writing, within 1 year after the effective date of this Code (June 5, 2017), of the amendment to this Code, or of the property reclassification, as the case may be.

(3) General considerations.

(i) For nonconforming uses existing before June 5, 2017, the property owner or lessee seeking an extension must establish the existence of one of the following factors that would render termination within the time required by subsection (a) of this section a hardship:

(A) purchase of the property after January 1, 2008, and before April 1, 2012;

(B) investment in capital improvements to the property in excess of $100,000 after June 30, 2007, and before April 1, 2012; or

(C) a lease that was entered into before April 1, 2012, has a term remaining in excess of 10 years, and is not terminable by the lessee because of zoning changes prohibiting the use.

(ii) For all other uses that become nonconforming, whether by enactment of this Code, by the enactment of an amendment to this Code, or by reclassification of the property, the property owner or lessee seeking an extension must establish the existence of one of the following factors that would render termination within the time required by subsection (a) of this section a hardship:

(A) purchase of the property within the 5 years immediately preceding the enactment of this Code, the enactment of the amendment to this Code, or the enactment of the property reclassification, as the case may be;

(B) investment in capital improvements to the property in excess of $100,000 after June 30, 2007, and before April 1, 2012; or

(C) a lease that was entered into before April 1, 2012, has a term remaining in excess of 10 years, and is not terminable by the lessee because of zoning changes prohibiting the use.