§ 155.126 ELIGIBILITY.
   (A)   Any and all eligibility requirements contained in M.S. Chapter 40A, as it may be amended from time to time, are incorporated herein by reference and shall apply as set forth herein.
   (B)   Only legally created parcels, lots or lots of record which are designated as Agricultural (AG) in the City of St. Michael Comprehensive Land Use Plan shall be eligible. In those cases where a lot or parcel may lie within two different designations in the Land Use Plan, only the portion of land within the Agricultural (AG) designation will be eligible.
   (C)   Only lands which lie entirely within the A-1, General Agriculture zoning district shall be eligible. A residential density no greater than one residence per 40 acres shall be maintained, however, residences existing prior to the adoption of this section shall not preclude eligibility.
   (D)   Lands enrolled in the Agricultural Land Preservation Program must be legally created parcels, lots or lots of record which are at least 35 acres in size. Smaller parcels may be enrolled subject to approval by resolution of the City Council, provided that:
      (1)   The smaller parcels adjoin other parcels being enrolled in the Agricultural Land Preservation Program to provide a total greater than 35 acres in size.
      (2)   The combined parcels do not exceed the residential density permitted of one residence per 40 acres.
      (3)   No such parcel may be withdrawn from the Agricultural Land Preservation Program except in conjunction with similar parcels which total at least 35 acres in size; all remaining enrolled parcels must meet the 35 acre size requirement.
      (4)   No such parcel may be used as a new residential building site despite any eligibility granted by Chapter 155 of the city code, unless an overall density of one residence per 40 acres is maintained.
   (E)   Parcels, lots or lots of record may not be subdivided for the purpose of enrolling only part of the property in the Agricultural Land Preservation Program while retaining other parts for development or other non-agricultural uses. Divisions which strictly comply with the provisions of §§ 155.115 through 155.120, A-1, General Agriculture Zoning District may take place before or after enrollment in the Agricultural Land Preservation Program.
(Ord. 0204, passed 8-13-02; Am. Ord. 1401, passed 1-28-14)