The regulations do not apply to agriculturally exempt purposes. (Per K.S.A. 12- 758 and Douglas County Zoning Regulation Section 12-304-6.01, is land and buildings used exclusively for agricultural purposes are exempt from County Zoning Regulations.)
For instance: a U-Pick berry patch on a 40 acre farm, with the sale of no ancillary products (products that are not agriculturally produced on site) would be considered an agricultural use. If the U-Pick berry patch decided to also sell planting pots and t-shirts, the use would be considered “retail” rather than Ag. The Kansas courts have decided a wide variety of cases involving whether a particular use was or was not an agricultural purpose. The Zoning and Codes office (785-331-1343) can assist in making the determination as to whether the proposed use is considered Agriculture.