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South Fulton, GA Building Safety: Childcare Center Rules (2026)

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

Key Facts

Trigger
Applies once a facility serves 7+ children
Play yard fence
6-ft opaque fence required around perimeter
By-right hours
Mon-Fri, 6:00 a.m. to 7:00 p.m.
Extended hours
Needs a City Council special use permit
Utilities
Must connect to public sewer
Separation from other day cares
1,000 ft (minor arterial) to 1/2 mile (local street)
Adopted
Ord. No. 2021-024, § 1, 10-26-2021

Summary

South Fulton's Zoning Ordinance Sec. 302.12 governs any day care facility serving seven or more children: a six-foot opaque fence must ring the play yard, play areas stay in the rear or side yard, the site must connect to public sewer, and hours run Monday through Friday, 6:00 a.m. to 7:00 p.m., unless City Council grants a special-use permit for extended hours.

(a)Facility shall be for seven or more children, excluding staff.(b)Minimum landscape strips, buffers and improvement setbacks shall be provided as specified for the O-I zoning district in Article 4 of this Ordinance.(c)A minimum six-foot high opaque fence interior to any required landscape strips and/or buffers around the periphery of the yard used for the play area shall be installed.(d)Play areas shall be located within the rear or side yards.(e)The hours of operation shall be limited to Monday through Friday from 6:00 a.m. to 7:00 p.m., except where extended hours are approved by a special use permit voted on by city council.(f)No parking shall be allowed in the minimum front yard setback.(g)Driveway design shall permit vehicles to exit the property in a forward direction.(h)In accordance with Article 8, submit a Noise Study Report as required.(i)Facilities must be served by public sewer.

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 13 Update 1).

Full Breakdown

Sec. 12 applies once a facility serves seven or more children, excluding staff. The site must meet the landscape strip, buffer and improvement setback standards written for the O-I (Office-Institutional) zoning district in Article 4, and a minimum six-foot-high opaque fence has to be installed interior to those buffers around the entire perimeter of the play yard, which itself must sit in the rear or side yard, never facing the street. No parking is allowed in the minimum front yard, and driveways must be designed so vehicles exit in a forward direction rather than backing into traffic.

Operators must submit a Noise Study Report under Article 8. Facilities in the MHP (Manufactured Home Park) district may only operate as an accessory use tied to an approved development plan, and every facility must be served by public sewer rather than septic. Sec. 12(k) also sets a minimum distance separation between two day cares fronting the same road, scaled to the road's functional class: none on an Urban Principal Arterial, 1,000 feet on an Urban Minor Arterial, and a half mile on an Urban Collector or Local Street. The section was added by Ord. No. 2021-024, § 1, adopted 10-26-2021.

Violations & Fines

Zoning enforcement runs through Title 5, Chapter 1: under Sec. 5-1005, a facility found violating Sec. 302.12 gets written notice and a deadline to correct the problem; anyone who intentionally continues the violation past that deadline is guilty of a misdemeanor, with each day of continued violation a separate offense, and must reimburse the city for related costs. Sec. 5-1010 lets the Department of Community Development and Regulatory Affairs withhold or refuse to issue building and occupancy permits until the site complies.

Frequently Asked Questions

Does South Fulton require a fence around a day care play area?
Yes. Sec. 302.12(c) requires a minimum six-foot-high opaque fence installed interior to the required landscape strips or buffers around the entire play-yard perimeter, and the play area itself must sit in the rear or side yard, never the front.
What hours can a South Fulton day care operate?
By right, Monday through Friday from 6:00 a.m. to 7:00 p.m. Operating outside those hours requires a special use permit approved by a City Council vote under Sec. 302.12(e).
How close can two day cares be to each other in South Fulton?
It depends on the road: none required on an Urban Principal Arterial, 1,000 feet on an Urban Minor Arterial, and a half mile on an Urban Collector or Local Street, measured between the nearest property lines of day cares fronting the same road.
What happens if a day care ignores these zoning standards?
The city serves written notice with a correction deadline; continuing the violation past that deadline is a misdemeanor under Sec. 5-1005, with each day a separate offense, and the city can withhold building or occupancy permits under Sec. 5-1010 until the site complies.

Sources & Official References

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