[HISTORY: Adopted by the Board of Trustees of the Village of Canajoharie 3-15-1988 by L.L. No. 5-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 47.
Housing standards — See Ch. 79.
Property maintenance — See Ch. 105.
Subdivision of land — See Ch. 133.
Zoning — See Ch. 157.
The Village Board of the Village of Canajoharie has become concerned about appearance and impact of satellite television antennas, commonly referred to as "dish antennas." The Board finds that, unless regulated, such antennas can be installed in an aesthetically unpleasant manner with an adverse impact on surrounding properties. The intent and purpose of this chapter is to establish a procedure and criteria to avoid the adverse impacts of the installation of such antennas and to preserve the character, beauty and general welfare of the municipality.
As used in this chapter, the following terms shall have the meanings indicated:
SATELLITE TELEVISION ANTENNA
An apparatus capable of receiving communications from a transmitter or transmitter relay located in planetary orbit.
USABLE SATELLITE SIGNAL
A satellite signal which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations or by way of cable television.
No person or organization shall cause, suffer or permit the erection and/or maintenance on the premises of such person or organization within the Village of Canajoharie of any parabolic dish or other satellite television antenna, the purpose of which is to receive television, radio and/or microwave or other electrical signals from space satellites, except as set forth herein:
A. 
Any such antenna shall be considered a structure requiring a building permit and, as such, shall not be located forward of the rear wall of the main structure on the lot. No satellite antenna shall be built, constructed, erected or maintained nearer than five feet to the side lines on a thirty-foot-wide lot and seven feet on a forty-foot-wide lot and, for all other lots greater than 40 feet in width, no nearer than 10 feet to the side lines or rear line of the lot upon which it is located nor closer to the front line than the existing allowable setback of the main building. On any corner lot, no satellite antenna shall be built, constructed, erected or maintained nearer the street line than the present allowable existing distance for other structures thereof or allowable thereon.
B. 
If these setbacks cause unnecessary hardship, an application for a variance may be filed with the Village Board of the Village of Canajoharie.
Applications for building permits for the erection and/or maintenance of a satellite television antenna shall be made to the Building Inspector of the Village of Canajoharie. Plans and sketches therefor shall be submitted by the owner of the premises only. Said plan shall show the location of all physical improvements on the subject premises and the proposed location of the antenna. Proposed new landscaping shall be depicted. The applicant shall present documentation of the possession of any required license by any federal, state or local agency as provided herein.
A. 
No installation shall be allowed over or upon an easement or upon a roof.
B. 
The diameter of such dish shall not exceed 12 feet, and the height of such device and its installation shall not exceed 15 feet as its maximum height.
C. 
The color of such installation shall be in solid earth tones, and said color tones beige, brown, green shall be maintained in such character during the usage of said satellite antenna under this permit.
D. 
All satellite television antennas shall be effectively screened on all sides that do not create an adverse picture reception by a solid fence, compact evergreen hedge, planting screen or principal structure. Satellite television antennas shall be located and designed so as to reduce or eliminate visibility thereof from surrounding properties at street level and from public streets.
E. 
All installations shall be accomplished under the permit in a good, workmanlike manner and shall be installed so as to assure no safety problems resulting from the wind, electrical or other factors give rise to an unsatisfactory safety condition.
F. 
All antennas and the construction and installation thereof shall conform to applicable electrical and building codes.
G. 
Antennas shall meet manufacturer's installation specifications and shall be of noncombustible and corrosive-resistant material and be erected in a secure, wind-resistant manner.
H. 
Every antenna must be adequately grounded for protection against a direct strike of lightning.
I. 
The Building Inspector of the Village of Canajoharie shall, before approving and issuing a permit hereunder, determine whether or not the proposed antenna and/or its installation will:
(1) 
In any way adversely affect the public health, safety or welfare;
(2) 
Interfere with the reasonable use and enjoyment or aesthetics of abutting properties; or
(3) 
Be in keeping and character with the use of abutting properties.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A fee of $50 shall be charged and collected by the Building Inspector at the time of application for a building permit for a satellite television antenna. A fee schedule is available in the Village offices.
Any person or organization who is denied a building permit under this chapter by the Building Inspector may appeal such denial to the Village Board of the Village of Canajoharie in writing within 10 days of such denial and shall be entitled to a hearing before the Village Board, whose decision shall be final.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person or organization causing, suffering or permitting the erection and/or maintenance on the premises of such person or organization within the Village of Canajoharie of any parabolic dish or other satellite television antenna in violation of this chapter or who shall violate or fail to comply with any order, rule or regulation under this chapter shall, on conviction, be subject to a fine of not to exceed $250 or imprisonment for not to exceed 15 days, or both, for each day any such violation shall continue.