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Bartow County, GA Building Safety: Childcare Center Rules (2026)

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

Key Facts

Max children (in-home, by right)
6
Indoor space
35 sq ft per child minimum
Outdoor play area
100 sq ft per child, fenced
Fence height
6 feet minimum
Licensing
Georgia Dept. of Human Resources proof required
Permitted in
A-1, RE-1, RE-2, R-1, R-2, R-3, R-4

Summary

In unincorporated Bartow County, an in-home child day care for six or fewer children is a permitted use in the A-1, RE-1, RE-2, R-1, R-2, R-3 and R-4 residential districts, but Zoning Ordinance Sec. 9.1.3(D) requires at least 35 square feet of indoor space per child, 100 square feet of fenced outdoor play area per child, and proof of state licensing before the county will approve the use.

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

Child day care: ... A use that provides care, assistance with personal services and/or supervision for children for more than four (4) hours and less than twenty-four (24) hours per day. Uses providing medical services or assistance with medical or rehabilitative treatment are not included. ... (D)In home child day cares and kindergartens, for six or fewer children, are permitted in A-1, RE-1, RE-2, R-1, R-2, R-3, and R-4 districts. Please refer to the individual district regulations for more specific requirements, including generally the requirements that they shall have at least thirty-five (35) square feet of indoor space provided for each child and at least 100 square feet of play area per child in the outdoor play area which shall be enclosed by a fence having a minimum height of six (6) feet and provided further that, prior to the application, the applicant shall show proof of registration and licensing as required by the Georgia Department of Human Resources

Full Breakdown

Sec. 1 of the Bartow County Zoning Ordinance defines child day care as a use providing care, personal-services assistance or supervision to children for more than four and less than 24 hours per day, expressly excluding any facility that provides medical or rehabilitative treatment. Sec. 3(D) then lists in-home child day cares and kindergartens for six or fewer children among the permitted uses in the A-1 agricultural district and every conventional residential district, RE-1, RE-2, R-1, R-2, R-3 and R-4, without requiring a conditional use hearing.

That permitted-use status comes with three conditions repeated across the individual district sections (for example Sec. 7(C) for R-1): at least 35 square feet of indoor space per child, at least 100 square feet of outdoor play area per child enclosed by a fence at least six feet high, and proof of registration and licensing with the Georgia Department of Human Resources filed with the zoning application before the county will approve the use. Larger, non-residential day care and kindergarten operations are handled separately: Sec.

7(F) permits nursery schools, adult and child day care centers and kindergartens in the C-N neighborhood commercial district under the same 35-square-foot indoor and 100-square-foot fenced outdoor standards, and Sec. 8(I) extends similar standards to child day cares operating in the C-1 general business district alongside hospitals, clinics and other institutional-residential uses referenced by Sec. 1. Community Development reviews the site plan for the indoor-space, outdoor-play and fencing figures, and the state separately licenses the operation before children can be enrolled.

Violations & Fines

Operating an in-home child day care for more than six children, without the required 35-square-foot indoor space per child, without the fenced 100-square-foot outdoor play area, or without proof of state licensing on file, exceeds what Sec. 9.1.3(D) permits and is a zoning violation Code Enforcement can act on, including denial or revocation of the permitted-use approval until the space, fencing and licensing requirements are met.

Frequently Asked Questions

How many children can an in-home day care serve in unincorporated Bartow County?
Zoning Ordinance Sec. 9.1.3(D) lists in-home child day cares and kindergartens as a permitted use in Bartow's A-1 and conventional residential districts only for six or fewer children at any one time. Serving more children takes the use outside what the district permits by right.
What space and fencing does Bartow County require for a home day care?
The county requires at least 35 square feet of indoor space per child and at least 100 square feet of outdoor play area per child, with the outdoor play area enclosed by a fence at least six feet high, per Sec. 9.1.3(D) and matching district sections such as Sec. 7.4.7(C) in R-1.
Do I need a state license to run a home day care in Bartow County?
Yes. Sec. 9.1.3(D) requires the applicant to show proof of registration and licensing as required by the Georgia Department of Human Resources before the county will approve the day care as a permitted use, in addition to meeting the indoor-space, outdoor-play and fencing requirements.

Sources & Official References

Other rules in Bartow County

All Bartow County rules

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