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The Logan Township supervisors this week rejected a proposal to rezone much of the Grandview area from residential to agricultural, after about 40 residents showed up at a meeting, most in favor of keeping the status quo.
The board had placed the issue on the agenda after Supervisor Patrick Jones brought it up last month to fulfill a promise made during his campaign to residents who asked about the rezoning possibility.
"We are dead set against changing our zone," said Kay Winkler of Grandview Road.
"What is this opening the doors for?" asked Charlie Beiswenger of Bloom Road, referring to uses that a change to agricultural would have permitted, including the raising of livestock. "Pandora's Box," Beiswenger said, answering his own question.
"There could be a pig farm next to our back door and no foot to stand on (to oppose it)," Beiswenger said.
"Correct," said Planning Director Cassandra Schmick. "Agricultural zoning statewide is a very protected (category)."
Farming activities can create a variety of problems in residential areas, according to a woman who lives on Davis Road and spoke of a neighbor who let his chickens repeatedly roam in her front yard, despite her frequent pleadings, until she summoned township authorities, which led to a fine and the loss of the neighbor's chickens.
Rezoning would change the neighborhood's "character," said resident Diane Meling, former township supervisor and former Blair County commissioner.
Not only would the scope of agriculture uses have been broad, but the geographical scope of the change would have been broad, the opponents argued.
There were three subsections under consideration: one bounded by Davis, Grandview and Gwin roads; one bounded by Grandview and Spook Hollow Road and the city line; and one northwest of Grandview Road to just past Nelson Road.
Spot zoning could have been a sensible compromise, but spot zoning is illegal, officials noted.
A few owners of farms that have been out of production since the passage of the current zoning laws two decades ago argued in favor of the proposed change.
As a result of those arguments, they might be able to get some relief, based on their being unaware that ag production could have continued on their farms, based on the principle of non-conforming use, an example of the grandfather principle.
"Nobody told me," said Dave Swanger. "The rug was pulled out from under us."
The board advised Swanger and others who owned farms that have ceased production to meet privately with Schmick to discuss the possibility of reviving their agricultural rights.
They'll be dealt with case-by-case, Schmick said.
Generally, when a non-conforming use is abandoned on a property, after a zoning change it's lost, although the interpretation of abandonment can be complicated, as indicated by an article by Pepper Hamilton LLP in jdsupra.com.
Jones focused his proposal for ag rezoning in Grandview because that's the only area of the township with the room, and because there are as many as 18 farms there, although not all are active, he said.
There should be places where families can have a "pony, a chicken or a horse," he said. "As a means of living a peaceful, happy life."
Some of his best memories are the times he spent as a kid in 4-H activities on the Coleman farm in the township, he said.
He would have gained no personal advantage with the change, he said.
Based on an informal poll to determine a consensus, Jones was the only supervisor committed to the change, although Ron Heller was noncommittal.
"I've been vocal against this from Day 1," said Supervisor Joe Metzgar.
It would be different if a majority of the residents under consideration in the area wanted it, Metzgar said.
He was joined by Ed Frontino and Chairman Jim Patterson.
"The issue is dead," said Patterson, who was instrumental in placing the matter on the meeting agenda.
Jones showed courage in making the proposal, Metzgar said.
"It was a nice exchange of ideas," Frontino said of the meeting. "This is how it's supposed to work."
Mirror Staff Writer William Kibler is at 814-949-7038.