[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.]
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:
An apparatus capable of receiving communications from a transmitter
or transmitter relay located in planetary orbit.
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:
[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.
