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Clayton County, GA Home Business: Home Daycare (2026)

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

Key Facts

Indoor play area
35 sq ft per child
Outdoor play area
200 sq ft per child
Outdoor fence
At least 4 feet high
Spacing
1,500 feet from another daycare
Licenses
State plus county business license

Summary

Clayton County zoning permits family day care homes in residential districts subject to state licensing plus local standards: at least 35 square feet of indoor and 200 square feet of outdoor play area per child, a 4-foot fence around outdoor play areas, and a county business license.

These county ordinances apply to unincorporated areas of Clayton County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Each family day care home shall provide not less than thirty-five (35) square feet of indoor play area for each child ... not less than two hundred (200) square feet of outdoor play area for each child ... All required outdoor play/recreation areas shall be enclosed by a fence or wall not less than four (4) feet in height.

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 104).

Full Breakdown

Clayton County's Zoning Ordinance (Sec. 6.10 area, Family Day Care Home Standards) sets requirements for home daycares in residential zones. Each family day care home must comply with state regulation and hold applicable state licenses, meet the Georgia building code, and provide not less than 35 square feet of indoor play area and not less than 200 square feet of outdoor play area per child. Outdoor play areas must be enclosed by a fence or wall at least 4 feet high. Signage is limited to a 2-square-foot sign on the structure, no facility may sit within 1,500 feet of another day care, and operators must register with Community Development and obtain a Clayton County business license.

Violations & Fines

Operating without state licensing or county registration, or failing the play-area, fencing, or spacing standards, is a violation subject to citations, denial or revocation of approval, and orders to cease operating.

Frequently Asked Questions

Can I run a daycare from my home?
Yes, as a family day care home in a residential district, if you hold the required state license, register with the county, and meet the play-area, fencing, and spacing standards.
Is a fenced yard required?
Yes. Required outdoor play/recreation areas must be enclosed by a fence or wall not less than 4 feet in height.

Sources & Official References

Other rules in Clayton County

All Clayton County rules

Compare Clayton County to another location·View the Georgia home business overview

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