Brookhaven, GA Building Safety: Childcare Center Rules (2026)

Section 27-625 defines day care as uses providing care and supervision for children or adults away from their primary residence for less than 24 hours per day. It splits the use by size: a small day care serves six or fewer individuals, and a large day care serves seven or more. Unless a rule expressly says otherwise, the supplemental regulations apply to both sizes.

Four rules in the quoted text apply to every day care use. All required outdoor activity areas shall be enclosed by a fence or wall at least four feet in height. All day care uses shall comply with applicable off-street parking regulations and provide safe vehicle turnaround areas on the subject lot, so drop-off traffic has to be able to turn around without backing into the street. No permit allowing the operation of a day care use may be issued until the applicant has provided proof that all required state permits have been obtained. And new day care uses may not be established in RS, RSA or RM districts if located within 1,000 feet of another day care use.

Other subsections in the same section govern day cares located in a dwelling. Small day cares must provide at least 30 square feet of indoor activity area and at least 100 square feet of outdoor activity area per enrollee, based on maximum capacity. No more than 50 percent of the floor area of a dwelling unit may be used for the day care, and the dwelling cannot be modified to alter its appearance as a residential building, which the section says expressly bars exterior signs or graphics on the property.

Day care is not a home occupation in the City of Brookhaven. Section 27-700(c)(2) says residence-based day care uses are not permitted as home occupations and are allowed only as indicated in table 7-1. The section was adopted through Ord. No. RZ-2018-11-06 on November 27, 2018.