Within any attendance area where the school district has determined pursuant to this division that conditions of overcrowding exist, no decision-making body shall approve a residential development unless such decision-making body first determines one of the following:
   (A)   That the school district has entered into an agreement with the applicant or some other person which provides a feasible means for mitigating any aggravation of such conditions of overcrowding which would be caused by the residential development;
   (B)   Where the application is for a building permit, that the applicant has paid the school fees as required by this division;
   (C)   Where the application is for an approval which does not include the grant of a building permit, that such approval is conditioned upon the payment of school fees pursuant to this division; or
   (D)   That there are specific, overriding fiscal, economic, social or environmental factors which would benefit the city, thereby justifying approval of the residential development without requiring the payment of fees which would otherwise be required pursuant to this division.
(`64 Code, Sec. 27-77.12)  (Ord. No. 1781)