The Board of Standards and Appeals may permit any non-conforming adult establishment or any non-conforming sign, other than advertising signs, for an adult establishment to continue for a limited period of time beyond that provided for in Sections 52-734 (Non-conforming signs for adult establishments) or 52-77 (Termination of Adult Establishments), provided that:

(a)        an application is made by the owner of such establishment to the Board of Standards and Appeals at least 120 days prior to the date on which such establishment or sign must terminate;

(b)        the Board shall find, in connection with such establishment or sign, that:

(1)        the applicant had made, prior to the non-conformity, substantial financial expenditures related to the non-conformity; and

(2)        the applicant has not recovered substantially all of the financial expenditures related to the non-conformity; and

(3)        the period for which such establishment or sign may be permitted to continue is the minimum period sufficient for the applicant to recover substantially all of the financial expenditures incurred related to the non-conformity.

For the purpose of this Section, "financial expenditures" shall mean the capital outlay made by the applicant to establish the adult establishment or sign, exclusive of the fair market value of the building in which such use or sign is located and exclusive of any improvements unrelated to the non-conforming adult establishment or non-conforming accessory business sign for adult establishments.

This Section shall not apply to commercial establishments described in Section 72-41 (Continuation of Certain Adult Establishments).