Brookhaven, GA Home Business: Home Daycare (2026)

Section 27-625 of the Brookhaven Code defines a small day care as a day care use for six or fewer individuals, the size that fits inside a house. Three rules in the section speak directly to a day care run from a dwelling.

First, space per child. All small day care uses shall 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. The printed rule is per enrollee, so the licensed maximum sets the yard the property must offer.

Second, how much of the house can be used. No more than 50 percent of the floor area of a dwelling unit may be used for an allowed day care use.

Third, appearance. No dwelling unit in which a day care use is conducted may be modified to alter its appearance as a residential building, and the section states that this is expressly intended to prohibit the posting of exterior signs or graphics on the property. A home day care in the City of Brookhaven therefore cannot hang a sign or repaint the house to look like a center.

Other subsections of § 27-625 also reach a home day care. All required outdoor activity areas must be enclosed by a fence or wall at least four feet in height, new day care uses may not be established in RS, RSA or RM districts within 1,000 feet of another day care use, and no permit to operate can issue until the applicant shows proof of all required state permits.

Day care does not qualify as a home occupation. Section 27-700(c)(2) says residence-based day care uses are not permitted as home occupations and are not subject to the home occupation regulations. They are allowed only as indicated in table 7-1.