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Aiken County, SC Home Business: Home Daycare (2026)

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

Key Facts

Max children per home
7, including provider's own children
RH5 district treatment
Conditional use as home occupation
Max home-occupation floor area
25% of home, up to 400 sq ft
Outside employees allowed
1 non-resident employee maximum
Governing provisions
Table 1 note (f); Section 24-3.16

Summary

Aiken County treats family day-care homes as a residential accessory use under its zoning table, permitted by right in most districts but conditional in the Residential-Horse 5 (RH5) district, where they must meet the county's home-occupation standards in Section 24-3.16. A family day-care home is capped at seven children, including the provider's own kids.

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

Home occupations, as defined by this chapter and where conditionally permitted by Table 1, shall meet the following requirements: (1)The home occupation shall be carried on wholly within the principal building; (2)The floor area dedicated to such use shall not exceed twenty-five (25) percent of the gross floor area of the principal building, up to four hundred (400) square feet; ... (6)No more than one (1) person not residing in the residence shall be employed by the home occupation; ... (10)The home occupation shall generate no noise, glare, heat, vibration, smoke, dust, or odor perceptible to adjacent uses.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 119).

Full Breakdown

Table 1 of the Aiken County zoning ordinance lists "Family day-care homes" as an accessory residential use, marked "P" (permitted by right) in the RC, RD, RM, NC, UD, OR, LD, IND, RUD, RUC, RH5B, and RRC Districts, and "C" (conditional) in the AP District. In the RH5 District the use carries a footnote (f) restriction: family day-care homes there are treated as home occupations subject to Section 24-3.16.

Article XI's definitions section defines a "Family day-care home" as "a home in which care is given by a family member and no others, during the day only, for one (1) and not more than seven (7) children, including the day care parents' own children, and/or for handicapped, aged adults." Any RH5 provider must instead comply with Section 24-3.16's home occupation rules, which require the activity be carried on wholly within the principal building, cap the dedicated floor area at 25 percent of the home's gross floor area (up to 400 square feet), forbid outdoor activity or storage, bar signs in RH5 and other residential districts, limit the operation to one employee who does not live in the home, and prohibit any noise, glare, or odor perceptible to neighbors.

Providers operating outside RH5 do not need a home-occupation permit for a day-care home that stays within the seven-child cap, but any provider exceeding that threshold moves into licensed child-care-center territory governed by state, not county, rules.

Violations & Fines

Operating a family day-care home beyond the seven-child cap, or violating the RH5 home-occupation conditions such as employing more than one outside worker or generating traffic beyond what a residential street can absorb, is a zoning code violation. Aiken County Code Section 1-8 sets the general penalty at a fine up to $200.00 or thirty days' imprisonment, with continuing violations charged as separate offenses for each day.

Frequently Asked Questions

Can I run a home day care in Aiken County?
Yes. Family day-care homes are a permitted accessory use by right in most Aiken County residential zoning districts, including RC, RD, RM, and RUC. The county's zoning definition caps the operation at seven children, including the provider's own kids, and allows care for handicapped or aged adults as well.
Are home day cares treated differently in the RH5 district?
Yes. Table 1 note (f) makes family day-care homes a conditional use in the Residential-Horse 5 District, requiring them to meet the home-occupation standards of Section 24-3.16 rather than operating by right as they do in most other residential zones.
What are the home-occupation limits that apply?
Section 24-3.16 requires the activity be conducted entirely inside the home, caps dedicated floor space at 25 percent of the home's gross floor area or 400 square feet, bars outdoor storage or display, limits staffing to one non-resident employee, and prohibits noise, odor, or traffic beyond what is normal for a residential street.
How many children can a family day-care home serve?
Aiken County's zoning definitions cap a family day-care home at seven children total, counting the care provider's own children, plus optional care for handicapped or aged adults. Operations serving more children fall outside this residential accessory-use category and require state child-care licensing instead.

Sources & Official References

Other rules in Aiken County

All Aiken County rules

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