Lee County, NC Building Safety: Childcare Center Rules (2026)

Section 5.10.3 of the Lee County Unified Development Ordinance layers building and site standards on top of the zoning permission granted for a home child care or child care center. Under 5.10.3.1, the operator must furnish evidence to the community development department that the facility complies with the standards set by the North Carolina Department of Health and Human Services and Article 7, Chapter 110, of the General Statutes, as those state standards are amended. Section 5.10.3.2 requires the structure itself to conform to the ordinary area, yard, height, setback and other dimensional requirements of the zoning district where it sits, rather than any special reduced standard.

Section 5.10.3.3 sets specific rules for outdoor play space: it must be fenced or otherwise enclosed on all sides, and cannot include driveways, parking areas, or land otherwise unsuited for children's play. Any wall or fence around the play space cannot exceed six feet in height within a required yard, but must be at least three feet tall, and the ordinance specifies that these walls and fences do not have to meet the yard or setback requirements that would otherwise apply. Together these rules mean a proposed center's building permit review checks both the state health and safety file and the local structural and play-yard fencing standards before a certificate of occupancy issues.