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Lee County, NC Home Business: Home Daycare (2026)

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

Key Facts

Home child care size
3-8 children in a residence
Child care center threshold
3+ preschool or 9+ school-age
Zoning basis
Permitted per use matrix Table 4.6-1
State standard referenced
G.S. § 110-86
Enforcing agency
Lee County Community Development

Summary

Unincorporated Lee County's UDO defines and zones child care by size. A 'home child care' is a child care arrangement inside a residence serving more than two but fewer than nine children at a time, while a 'child care center' serves three or more preschoolers or nine or more school-age children. Section 5.10.2.1 permits day care wherever the use matrix allows it, letting smaller home operations run in residential zoning districts.

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

5.10.1.3.Any child care center, which means an arrangement where, at any one time, there are three or more preschool-age children or nine or more school-age children receiving child care.5.10.1.4.Any home child care, which means a child care arrangement located in a residence where, at any one time, more than two children, but less than nine children, receive child care. (Source: G.S. § 110-86) ... 5.10.2. ... 1.A day care is permitted where indicated in the use matrix.

Full Breakdown

Section 5.10 of the Lee County Unified Development Ordinance regulates any child care arrangement, drawing its size categories straight from the North Carolina General Statutes. Under 5.10.1.4, a 'home child care' is a child care arrangement located in a residence where, at any one time, more than two but fewer than nine children receive care, tracking the state's definition in G.S. § 110-86. A 'child care center' under 5.10.1.3 is a larger arrangement of three or more preschool-age children, or nine or more school-age children, at one time.

Section 5.10.1.1 excludes several everyday arrangements from regulation altogether, including care for two or fewer unrelated children in a home, drop-in care while a parent is on-site, recreational programs under four months a year, and specialized lessons like dance, music or scouting. Section 5.10.2.1 states that a day care is permitted wherever the use matrix, Table 4.6-1, allows it, and a day care operated as an accessory use must also meet the accessory-use conditions in 5.10.2.1(a) through (c), which cover church, school and non-residential accessory day cares specifically.

Whichever category applies, section 5.10.3.1 requires the operator to show compliance with the state licensing standards under Chapter 110, Article 7 of the General Statutes to the Community Development department before the use is recognized. Home-based operators should confirm their zoning district's use matrix entry before opening, since the permitted category and any accessory-use conditions differ by district.

Violations & Fines

Running a home child care that exceeds the nine-child threshold without qualifying as a licensed child care center, or operating in a district where the use matrix does not list day care, is a zoning violation. Lee County Code § 1-7 allows a civil penalty of up to $500.00 per day the violation continues.

Frequently Asked Questions

How many children can I care for in my home before I need a child care center permit?
Section 5.10.1.4 defines 'home child care' as an arrangement in a residence serving more than two but fewer than nine children at a time. Once a facility reaches three or more preschool-age children or nine or more school-age children, section 5.10.1.3 reclassifies it as a 'child care center' instead.
Is home day care allowed in residential zoning districts?
Section 5.10.2.1 permits day care wherever it is listed in the use matrix, Table 4.6-1, which includes home child care in residential zoning districts. Because the matrix varies by district, an operator should confirm their specific district's entry with Community Development before starting the arrangement.
Do small arrangements like babysitting a couple of kids count as regulated child care?
No. Section 5.10.1.1 excludes arrangements in a home where all children in care are related to each other and no more than two additional, unrelated children are present, along with drop-in care, short recreational programs and specialized lessons like dance or scouting.

Sources & Official References

Other rules in Lee County

All Lee County rules

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