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

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

Key Facts

Use classification
Accessory to residential use only
State licensing
Must meet SC DSS requirements
Child capacity
No more than 6 children
Staffing
Resident only, no employees
Default penalty
Up to $500 fine / 30 days jail

Summary

Berkeley County zoning allows a family day care home as an accessory use to a residential dwelling only, capped at six children and staffed solely by the resident, under County Code of Ordinances § 11.6.1.

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

A.Permitted as an accessory to a permitted residential use only.B.Shall comply with all South Carolina Department of Social Services (DSS) requirements.C.Care is provided for no more than six children.D.Employees, other than the resident, are prohibited.

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 37).

Full Breakdown

6, "Institutional uses," and sets four conditions for operating a family day care home inside a residential dwelling in unincorporated Berkeley County. Subsection A limits the use to an accessory to a permitted residential use, meaning the property must already carry a lawful residential use before day care can be layered on top; it cannot be the principal use of a lot. Subsection B requires compliance with all South Carolina Department of Social Services (DSS) requirements, tying the local zoning permission to the state's separate childcare licensing and health/safety standards administered by DSS.

" Subsection D bars hired help beyond the resident operator: "Employees, other than the resident, are prohibited," meaning the operator running the home day care must be the person living there, with no outside staff brought in to assist. Because the provision is an accessory-use standard rather than a stand-alone commercial use, a family day care home does not require the site-plan or special exception review that larger institutional or commercial uses go through elsewhere in Article 11; it functions by right as long as the dwelling remains residential, the operator stays under the state DSS umbrella, and the six-child and no-employee limits are respected. The section was adopted by Ordinance No. 06-09-63 in 2006 and amended by Ordinance No. 14-03-03 in 2014.

Violations & Fines

No dedicated penalty is written into § 11.6.1, so exceeding the six-child cap, hiring outside staff, or running day care without an underlying residential use is enforced under the county's general penalty at § 1-8: a fine up to $500.00, imprisonment up to 30 days, or both, with each day of continued violation a separate offense. Loss of the required DSS approval would independently end the zoning-permitted accessory use.

Frequently Asked Questions

How many children can a family day care home in Berkeley County serve?
No more than six, under § 11.6.1(C). The use must also remain accessory to a permitted residential use on the property, so it cannot stand alone as the lot's principal use.
Can I hire an assistant to help run a home day care in unincorporated Berkeley County?
No. Section 11.6.1(D) states plainly that employees, other than the resident, are prohibited, meaning only the person who lives in the home may operate the day care; outside staff are not permitted under this zoning provision.
Does a family day care home need state approval too?
Yes. Section 11.6.1(B) requires the operation to comply with all South Carolina Department of Social Services (DSS) requirements, so the county's zoning permission runs alongside, not instead of, state childcare licensing standards.

Sources & Official References

Other rules in Berkeley County

All Berkeley County rules

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