Ohio's agricultural building exemption, explained

Where does the exemption come from?

Two parts of Ohio law work together:

• The building code exemption. Ohio Revised Code section 3781.06 leaves out buildings incident to the agricultural use of the land they are on, and section 3781.061 says that when a county or township zoning inspector issues a zoning certificate declaring a building is to be used in agriculture, the building is not subject to the building code sections. The Ohio Building Code repeats the exception in its scope (section 101.2).
• The zoning limit. ORC 519.21 says township zoning may not prohibit the use of land for agriculture or the construction of buildings incident to it on lots greater than five acres. Counties have a matching rule for county zoning, and cities and villages follow different laws.

What counts as agriculture?

Ohio law defines it broadly: farming, ranching, aquaculture, apiculture, horticulture, viticulture, animal husbandry including horses, cattle, sheep, goats, swine and poultry, dairy production, timber, and the processing, drying, storage and marketing of products when they are secondary to that work. The Board of Building Standards' flow chart and notes list the cases.

What are the tests for a building?

1. Is the land used for agriculture? The farming has to be real, not planned.
2. Is the building incident to that use? A hay barn, an equipment shed or a livestock barn usually is. A house is not: the Ohio Attorney General concluded long ago that a dwelling is not a structure incident to agriculture.
3. Is it used for retail trade? A building that mostly sells products grown or raised on the seller's own farms is still agricultural; one that mostly sells other goods is not.
4. Is it mixed use? A barn that is part agricultural and part shop, office or living space is within the building code for the non-farm part.

What does an exempt building still need?

• A zoning certificate or exemption form, where the township or county asks for one. It records the agricultural use and is what section 3781.061 relies on.
• Floodplain approval in a flood hazard area, and sediment and erosion control where the county requires it. These are not exempt.
• Health department approval if the building has plumbing or a septic connection.
• Electrical work may still need an inspection, depending on your utility and county.

Can zoning limit an agricultural building on a small lot?

Yes, in one case. In a platted subdivision, or an area of fifteen or more lots approved under the subdivision rules, township zoning may regulate the setback lines, height and size of agricultural buildings on lots greater than one acre and up to five acres, and may regulate agriculture itself on lots of one acre or less (ORC 519.21(B)).

What happens if the use changes?

If an exempt barn later becomes a shop, an event space, a home business or a dwelling, it is no longer agricultural. The new use brings in the building code, and often a change of use permit and upgrades. It is cheaper to plan for the future use from the start.

Should an exempt barn still be drawn?

Usually. The zoning office wants a site plan, the supplier and builder need a clear building, and a lender or insurer may ask for drawings. James Kehl Architects draws exempt farm barns to a sound structural standard so they are safe and easy to adapt. See pole barn and post-frame drawings.