Hall County, GA Building Safety: Childcare Center Rules (2026)
Key Facts
- Governing section
- Sec. 7.5.2.C
- Minimum enrollment
- 19 or more children under 18
- Outdoor play area
- 100 sq ft per child minimum
- Play area fence
- At least 42 inches high
- Property-line setback
- 25 feet minimum from play area
- Zoning status
- Special Use in most residential/ag districts
Summary
Hall County licenses a "day care center" under Sec. 7.5.2.C as any state-licensed facility caring for 19 or more children under 18 for less than 24 hours a day. The Unified Development Code requires a Special Use Permit in every agricultural and residential zoning district, and sets numeric outdoor-play, fencing and setback standards that apply countywide.
Any facility licensed or registered with the State of Georgia and licensed by the county to provide, for fewer than 24-hours per day and without transfer of legal custody, care for 19 or more children under 18 years of age. Use Standards: A minimum of 100 square feet of outdoor play area must be provided for each child. Play areas must be enclosed by a fence at least 42 inches in height. No play area may be located within 25 feet of any adjacent property.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 80).
Full Breakdown
Sec. " The same section imposes three site standards on every center: a minimum of 100 square feet of outdoor play area for each child enrolled, a play-area fence at least 42 inches high, and a rule that no play area may sit within 25 feet of an adjacent property line. On the Allowed Use Table, day care centers carry a Special Use designation, meaning Board of Commissioners approval under Sec. 2, in the AG-1, AR-1, V-C, R-1-L, R-1, R-TF, R-X, R-MF and MHP districts.
They become a by-right permitted use only in the Office and Institutional, Suburban Shopping, Highway Business, and Mixed-Use districts, and in Light Industrial (I-1); they are not permitted at all in Heavy Industrial (I-2). A facility caring for adults during the day instead of children is regulated separately as an "adult care center" under Sec. B, which carries the same district-by-district permission pattern. Because Sec. 2 requires state licensure or registration as a threshold, a Hall County day care operator must already hold the required State of Georgia license or registration before the county's own zoning approval can be finalized, on top of meeting the outdoor-play, fencing and setback standards written directly into the UDC.
Violations & Fines
An unlicensed or unpermitted day care center is enforceable the same as any other zoning violation. Sec. 11.4.3 authorizes the Building Official or county attorney to seek an injunction or mandamus to stop the use, and to ask utilities to withhold service. Sec. 11.4.4 makes violating any UDC provision a misdemeanor, punishable per Sec. 1.50.020 by up to a $1,000.00 fine or six months in jail, with each day of an uncorrected violation treated as a separate offense.
Frequently Asked Questions
What counts as a "day care center" under Hall County zoning?
What outdoor play space must a Hall County day care center provide?
Can I open a day care center in a residential zoning district?
What penalty applies if a day care center violates the zoning code?
Sources & Official References
Other rules in Hall County
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