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` . . <br /> Subd . C. Processing machinery must be set back from ordinary high <br /> water levels consistent with the requirements for structures. <br /> Subd . D. Mining of metallic minerals and peat shall be in <br /> compliance with Minnesota Statutes, sections 93.44 to 93. 51 . <br /> 320-58 CONDITIONAL USES <br /> Subd . A. Conditional use permits issued for activities or <br /> development in a shoreland area shall meet the same requirements <br /> as other conditional uses under the city ' s zoning ordinance, <br /> except that an additional evaluation is required to determine the <br /> impact of the development or activity on public waters and <br /> shorelands, to include topography , vegetation and soil condition . <br /> Subd . B. Approval of a conditional use permit in a shoreland area <br /> is contingent upon : <br /> 1 . The prevention of soil erosion or other possible <br /> pollution of public waters during and after construction . <br /> 2. Limiting , to the greatest extent feasible, the visibility <br /> of structures and other facilities as viewed from public <br /> waters, <br /> 3 . Adequate source of potable water supply for the proposed <br /> land use, and suitability of the property for an on-site <br /> sewage treatment system if municipal sanitary sewer is not <br /> available . <br /> 4 . The capability of the water body to safely accommodate <br /> the number , type, and uses of the watercraft the project will <br /> generate. <br /> 320-59 NONCONFORMITY <br /> Subd . A. Lots of record in the office of the county recorder on <br /> the date of enactment of this ordinance that do not meet the <br /> requirements of Section 320-49 of this ordinance may be allowed as <br /> building sites without variances from lot size requirements <br /> provided the use is permitted in the zoning district, the lot has <br /> been in separate ownership from abutting lands at all times since <br /> it became substandard , was created compliant with official <br /> controls in effect at its time of creation , and sewage treatment <br /> and setback requirements are met . <br /> Subd . B. Prior to the issuance of any building permit or <br /> individual sewage treatment system permit to a nonconforming lot <br /> under Section 320-59, Subd . A. , and except as permitted under <br /> Section 320-49, Subd . F, a variance from setback requirements must <br /> first be obtained . In evaluating the variance, the board of <br /> adjustments shall consider the sewage treatment and water supply <br /> capabilities or constraints of the lot and shall deny the variance <br /> if adequate facilities cannot be provided . <br /> 21 <br />