Except as provided in subsection (b) of this section, smoke shops located within 750 feet of any school, recreation center, or park shall be terminated no later than 2 years after the date on which the use became nonconforming. The Board of Municipal and Zoning Appeals may extend by an additional 1 year the time by which a smoke shop must terminate the nonconforming use. To obtain an extension, the property owner or lessee shall apply to the Board, in writing, within 1 year after the property becomes nonconforming. The property owner or lessee seeking an extension under paragraph (2) of this subsection shall establish the existence of 1 of the following factors that would render termination within the time required by subsection (a) of this section a hardship:purchase of the property within the 3 years immediately preceding the nonconformity; investment in capital improvements to the property in excess of $100,000 before June 30, 2025, and after April 1, 2021; or a lease that was entered into before April 1, 2021, has a term remaining in excess of 10 years, and is not terminable by the lessee because of zoning changes prohibiting the use. Ord. 16-581