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Oconee County, SC Building Safety: Childcare Center Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Definition
Sec. 38-12.2, 'day care facility'
Zoning control
Use matrix, Sec. 38-10.16
Permitted by right in
TRD, AD, CCD, HCD
Special exception in
ARD, RRD, RD, LRD, MUD
Not permitted in
CD, PRLD, ID
Also required
State registration and inspection

Summary

Oconee County treats a day care center as a commercial use governed by zoning: Section 38-12.2 defines it, Section 38-10.16's use matrix decides which of the twelve zoning districts allow it, and state registration and inspection requirements still have to be met on top of local approval.

These county ordinances apply to unincorporated areas of Oconee County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Uses TRD AD ARD CD RRD PRLD RD LRD CCD HCD ID MUD ... Day Care Facilities (all ages) P P S X S X S S P P X S ... Day care facility (adults and children): A commercial facility, which provides for the care of children or adults. Those receiving care are not all related to each other by blood or marriage and are not legal wards or foster children of the attendant adults, and for which care a payment, fee, or grant is made. All state registration requirements and inspections shall be met.

Full Breakdown

Chapter 38 does not carry a dedicated building-safety article for childcare centers; instead it regulates day care through its zoning definitions and use table. 2 defines a 'day care facility (adults and children)' as a commercial facility that provides care to people not all related to each other by blood or marriage and who are not legal wards or foster children of the caregivers, provided in exchange for a payment, fee or grant, and it requires that all state registration requirements and inspections be met on top of the county's own rules.

16's zoning use matrix then controls where such a facility can open: 'Day Care Facilities (all ages)' is permitted by right ('P') in the Traditional Rural, Agriculture, Community Commercial and Highway Commercial Districts, allowed only as a Board of Zoning Appeals special exception ('S') in the Agricultural Residential, Rural Residential, Residential, Lake Residential and Mixed Use Districts, and not permitted at all ('X') in the Conservation, Public and Recreation Lands, and Industrial Districts. 1 requires a Board of Zoning Appeals hearing and findings on the applicable district provisions and any conditions the board attaches, on top of whatever fire, life-safety and occupancy standards the state's day care licensing inspection applies to the building itself.

Violations & Fines

There is no childcare-specific penalty in chapter 38. Operating a day care facility in a district where the use matrix marks it 'X,' or without the special exception the matrix requires in districts marked 'S,' is enforced as a general zoning violation under Section 1-7: a fine and/or imprisonment up to an Oconee County magistrate's jurisdictional limit, with continuing days counted separately.

Frequently Asked Questions

Does Oconee County zoning allow a day care center on my property?
It depends on the zoning district. Section 38-10.16's use matrix permits day care facilities by right in the Traditional Rural, Agriculture, Community Commercial and Highway Commercial Districts, but requires a Board of Zoning Appeals special exception in five other districts and bars them entirely in three.
How does the county define a day care facility?
Section 38-12.2 defines it as a commercial facility caring for children or adults who are not all related to each other by blood or marriage and are not the caregivers' own legal wards or foster children, in exchange for payment, and it requires all state registration and inspections to be met.
Do I need a Board of Zoning Appeals hearing to open a day care?
Only in the districts where the use matrix marks day care 'S' for special exception, which covers the Agricultural Residential, Rural Residential, Residential, Lake Residential and Mixed Use Districts. In the districts marked 'P,' administrative review under Section 38-9.1 is enough.
Are there building-safety rules specific to day care centers in the county code?
Chapter 38 itself does not set separate fire or building-safety standards for day care centers; it regulates them through zoning permission and the state registration and inspection requirement referenced in Section 38-12.2, leaving building and fire code compliance to the county's building and fire prevention chapters.

Sources & Official References

Other rules in Oconee County

All Oconee County rules

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