Notwithstanding any other provision of this code to the contrary, the director shall consider a request for a development design review (DDR) permit to develop a new primary dwelling unit and designate an existing housing unit as the accessory dwelling unit if all of the following apply:
(A) The qualifying legal lot is at least 9,000 square feet;
(B) Contiguous lots must be under the same ownership and shall be required to complete a lot merger;
(C) The existing legal single-family housing unit is not greater than 1,200 square feet in size, not counting an attached or detached garage, or as determined by the director;
(D) The lot complies with zoning designations listed in section 16-467(B);
(E) The proposed new housing unit is situated on the lot in compliance with applicable zoning setbacks and uniformly applied development and parking standards;
(F) The proposed new housing unit shall be at minimum of 150% the size of the existing dwelling unit now designated as the accessory dwelling unit, not counting an attached or detached garage; and
(G) That approved plans, certificate of occupancy, and related documents shall reflect that the existing housing unit is classified as the accessory dwelling unit and subject to sections 16-467(F), (I), (J), (L), (M), (O), and (P), and the newly constructed housing unit is classified as the primary unit and subject to sections 16-467(K), (M), and (P).
(Ord. No. 2959, 2984)