§ 3-9. Council action – Limitations.

(a) Scope of section.

This section applies to any of the following actions by the City Council:

(1) any modification to the boundary lines set forth in an ordinance proposed by the Commission under § 3-3 {"CHAP to prepare proposed ordinance and findings"} of this subtitle; or

(2) unless by and in accordance with an ordinance initiated at the request of the Commission under this subtitle:

(i) any initial designation of an area as an Historical and Architectural Preservation District; or

(ii) any modification to the boundary lines of an existing District.

(b) Referral to CHAP.

The City Council may not take any action described in subsection (a) of this section without first referring that action to the Commission for Historical and Architectural Preservation for:

(1) the Commission's written report and recommendations; and

(2) the Commission's findings of fact affirming, at a minimum, that the proposed action will not adversely affect the District's compliance with the requirements, standards, procedures, and guidelines specified in § 3-1(b) {"Ordinance ... required: Findings of fact"} of this subtitle.

(c) Action by Council.

If, within 100 days of the referral, the Commission fails to submit its written report or recommendations, or fails or is unwilling to make the findings of fact required by § 3-1(b) {"Ordinance ... required: Findings of fact"} of this subtitle, the City Council:

(1) may proceed to hear and consider the action, subject to the requirements of § 3-6 {"Council action – Public notice and hearing"} and § 3-8 {"Council action – Amendments"} of this subtitle; but

(2) may not adopt the action without preparing and adopting its own written findings of fact affirming that the action will not adversely affect the District's compliance with the requirements, standards, procedures, and guidelines specified in § 3-1(b) {"Ordinance ... required: Findings of fact"} of this subtitle.