Sec. 9-50.9. Findings for development approval.

Within an attendance area, where the council has concurred in a school district's finding that conditions of overcrowding exist, no decision-making body shall approve an application for a residential development within such area, unless such decisionmaking body makes one of the following findings:
(a) That pursuant to this article, provision has been made for payment of fees, dedication of land, or both, or some other provision has been agreed upon by the applicant for a residential development in the school district to mitigate the conditions of overcrowding within that attendance area; or
(b) That there are specific, overriding physical, economic, social or environmental factors, which, in the judgment of the decisionmaking body, would benefit the city, thereby justifying the approval of a residential development otherwise subject to the provisions of this article without requiring the payment of part or all of the fees or the dedication of land or other alternate provision required by this article; or
(c) That agreement has been reached between the developer and the school district to alleviate existing conditions of overcrowding. (Ord. No. 1954 (NCS), § 1.)