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e) The Planning Department shall propose a recommendation on <br /> the proposed expansion for the Board/or Hearing Examiner <br /> ten days prior to its hearing. <br /> 3) Basis for Board of Adjustment or Hearing Examiner granting the <br /> permit for expansion of a nonconforming use. <br /> a) That the expansion will not result in a lack of compatibility <br /> with existing and potential uses in the immediate area. <br /> b) The existing problems or impacts of the existing activity can <br /> be mitigated by a new site design, including landscaping, <br /> provision for parking, elimination of outside storage, and <br /> general visual improvement of the use. <br /> c) That adequate provisions are made for public improvements; <br /> sewer, water, drainage, pedestrian circulation, and vehicle <br /> circulation. <br /> d) That concerns of adjacent property owners are properly <br /> considered. <br /> e) That the use is reasonable in light of existing and planned <br /> traffic flows and land use for the area. <br /> 4) Action by Board of Adjustment <br /> a) The Board shall take testimony at the first public hearing. <br /> b) A decision shall be rendered at this hearing unless there <br /> is a need for additional information. <br /> c) The decision by the Board shall be based on the criteria <br /> in this section. <br /> 5) Appeal <br /> a) Any action by the Board of Adjustment on nonconforming use <br /> expansion may be appealed to the City Council (or Hearing <br /> Examiner with jurisdiction) within ten days of the Board's <br /> action. <br /> - 5 - <br />