Clayton County, GA Home Business: Home Daycare (2026)
Key Facts
- Indoor play space
- 35 square feet per child at maximum permissible enrollment
- Outdoor play space
- 200 square feet per child at maximum permissible enrollment
- Fence or wall
- At least 4 feet high around all required outdoor play areas
- Spacing
- 1,500 feet minimum from another day care facility
- Sign limit
- One sign on the primary structure, 2 square feet maximum
- Registration
- Department of Community Development, with copies of State licenses
- Maximum fine
- $1,000 per offense, each day a separate violation
Summary
A family day care home in Clayton County must hold its State of Georgia license, register with the Department of Community Development, and buy a county business license. It needs 35 square feet of indoor and 200 square feet of fenced outdoor play area per child, and sits at least 1,500 feet from any other day care facility.
DCF-01: This Family Day Care Home Standards section applies to all districts. Each family day care home shall be subject to the following requirements, when located within a residential zoning district or residential dwelling: A. All regulated facilities shall comply with the State regulation and acquire applicable State licenses for operation. [...] C. Each family day care home shall provide not less than thirty-five (35) square feet of indoor play area for each child, based on maximum permissible enrollment. D. Each family day care home shall provide not less than two hundred (200) square feet of outdoor play area for each child, based on maximum permissible enrollment. E. All required outdoor play/recreation areas shall be enclosed by a fence or wall not less than four (4) feet in height. [...] G. No family day care home shall be located within one thousand five hundred (1,500) feet of another day care facility. H. All facilities must register with the Department of Community Development and provide a copy of all State licenses and documentation. I. All facilities must apply for and receive a Clayton County Business License.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 104).
Full Breakdown
Section 6.11 of the Clayton County Zoning Ordinance (Appendix A of the Code of Ordinances) sets the standards for family day care homes in unincorporated Clayton County. Standard DCF-01 applies to all districts and covers every family day care home located in a residential zoning district or inside a residential dwelling. The ordinance defines a family day care home as a type I home occupation: care and supervision for fewer than 24 hours per day, no transfer of legal custody, and no more than six children under 18 who are not related to the provider and whose parents do not live in the same residence. Seven to eighteen children moves the operator into the separate group day care home category, which DCF-02 regulates.
The space rules scale with enrollment. Each home must provide at least 35 square feet of indoor play area and at least 200 square feet of outdoor play area for each child, and both figures are measured against the maximum permissible enrollment, not the number of children present on a given day. Every required outdoor play or recreation area must be enclosed by a fence or wall at least four feet high.
State and building rules run alongside the zoning standards. The home must comply with State regulation and hold the applicable State license, and it must meet the adopted Building Code for the State of Georgia. The definition adds that family day care homes meet the adopted International Residential Building Code.
The house must keep its residential look. The only sign allowed is one attached to the primary structure, no larger than 2 square feet, under Article 8 (Sign Standards). No cut-outs, animal characters or other graphics may be fixed to the exterior or displayed on the premises.
Two siting and paperwork rules finish the list. No family day care home can be located within 1,500 feet of another day care facility. Every facility must register with the Department of Community Development and hand over a copy of all State licenses and documentation, and it must apply for and receive a Clayton County Business License.
Violations & Fines
The Zoning Administrator and designated code enforcement personnel enforce the ordinance under Article 14. They can issue a criminal citation with no prior warning, returnable to magistrate court. The maximum fine is $1,000 per offense, and a conviction can also bring up to 60 days of incarceration, community service and probation. Each day a violation continues counts as a separate violation, and repeat offenders pay more. The County can also seek an injunction and civil fines in superior court, plus its attorney's fees.
Frequently Asked Questions
How many children can a family day care home in Clayton County have?
How much play space does a family day care home need?
Can I put up a sign for my family day care home?
How close can a family day care home be to another day care?
What approvals does a family day care home need besides zoning?
Sources & Official References
Other rules in Clayton County
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