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

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

Key Facts

Paid-child cap
6 children (provider's own kids don't count)
Employees
None permitted, section 134-1
Parking
Off-street pickup/dropoff required
Zoning status
Permitted by right, R-80 through RA-5
First violation fine
$100.00 to $1,000.00, section 134-2
Coverage
Unincorporated Cobb County only

Summary

Unincorporated Cobb County allows in-home day care as a permitted use in every single-family residential zoning district, from R-80 through RA-5. The zoning code caps paid enrollment at six children, excludes the provider's own relatives from that count, bars employees, and requires off-street parking for drop-off and pickup under Cobb County Code section 134-1.

City-specific rules exist: Acworth has its own home daycare rules that differ from Cobb County's county-level regulations. If you live in Acworth, check the city-specific page instead.

In-home day care means child care provided within single-family districts subject to the following limitations: (1)There shall be a maximum of six children for whom compensation is received;(2)For purpose of this definition only, children who are related by direct blood kin or adoption to the child care provider shall not be included in the calculation of the six-child limitation;(3)The child care shall not create a nuisance to immediately adjacent property owners;(4)Off-street parking must provided for child pickup and dropoff; and(5)There shall be no employees.

Source: Georgia DECAL (Bright from the Start) — Family Child CareView 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 53).

Full Breakdown

Cobb County's zoning code defines "in-home day care" at Code of Ordinances section 134-1 as child care provided within single-family zoning districts, subject to five conditions written directly into the definition. A provider may accept no more than six children for whom compensation is received; children related to the provider by direct blood kin or adoption do not count toward that six-child cap. The operation cannot create a nuisance to adjacent property owners, must provide off-street parking for child pickup and drop-off, and cannot have any employees, meaning the caregiver runs the home alone.

Because in-home day care is listed as a permitted ("P") use in section 134-192's summary-of-uses chart for the R-80, RR, R-40, R-30, R-20, R-15, R-12, RD, RA-4 and RA-5 residential districts, a homeowner in unincorporated Cobb County does not need a rezoning, special land use permit or special exception to start one, so long as all five limitations in the definition are met. That table treats in-home day care differently from "nursery schools and child day care centers," a separate, larger-scale use category that is not listed as permitted by right in those same residential districts and instead needs its own zoning review.

This rule reaches only unincorporated Cobb County. Marietta, Smyrna, Kennesaw, Acworth, Powder Springs and Austell each enforce their own zoning codes, so a home-based daycare inside any of those city limits is governed by that city's ordinance, not chapter 134 of the county code.

Violations & Fines

Operating an in-home day care that exceeds six paid children, hires an employee, skips the required drop-off parking, or draws nuisance complaints puts the property in violation of chapter 134. Cobb County Code section 134-2 lets the county cite violators to magistrate court under O.C.G.A. § 36-1-20; a first offense within any 12-month period carries a fine of $100.00 to $1,000.00, later violations in that same 12-month period escalate toward a flat $1,000.00, and any conviction can also carry up to 60 days in jail.

Frequently Asked Questions

How many children can an in-home day care in unincorporated Cobb County care for?
Cobb County Code section 134-1 caps in-home day care at six children for whom the provider receives compensation. Children related to the provider by direct blood kin or adoption are not counted toward that six-child limit, so a caregiver's own kids do not reduce how many paying families she can serve, but total enrollment beyond six paid slots is not a permitted use.
Do I need a permit to run an in-home day care from my Cobb County house?
No separate rezoning or special land use permit is required. Section 134-192's summary-of-uses table lists in-home day care as a permitted use in every single-family district, R-80 through RA-5, so it is allowed by right as long as the operation meets the six-child cap, bars employees, avoids nuisance to neighbors, and provides off-street pickup and drop-off parking under section 134-1.
Can I hire a helper for my Cobb County in-home day care?
No. Section 134-1's fifth limitation states there shall be no employees, so the definition only covers a provider caring for children personally in the home. Bringing on paid staff moves the operation outside the in-home day care definition and into the separate "nursery schools and child day care centers" use category, which is not a permitted use in these same residential districts.
Does this Cobb County rule apply inside Marietta or Smyrna?
No. Chapter 134 governs unincorporated Cobb County only. Marietta, Smyrna, Kennesaw, Acworth, Powder Springs and Austell each maintain their own municipal zoning code, so a home daycare operating inside any of those city limits must check that city's ordinance rather than section 134-1, even though the address may carry a Cobb County mailing address.
What happens if a Cobb County in-home day care breaks the six-child limit?
The property owner can be cited to magistrate court under Cobb County Code section 134-2 and O.C.G.A. § 36-1-20. A first violation within 12 months draws a fine between $100.00 and $1,000.00, later violations in that same period rise toward a flat $1,000.00, and a conviction can also include up to 60 days of incarceration.

Sources & Official References

Other rules in Cobb County

Zoning & Home Occupation PermitsSome RestrictionsSignage RulesHeavy RestrictionsCustomer Traffic RestrictionsSignificant RestrictionsNoise Ordinances: Aircraft NoiseLight RestrictionsNoise Ordinances: Leaf Blower RulesSome RestrictionsParking Rules: Curb Color RulesSome RestrictionsParking Rules: Abandoned VehiclesHeavy RestrictionsAnimal Ordinances: Coyote ManagementHeavy RestrictionsAnimal Ordinances: Mandatory Spay/NeuterHeavy Restrictions

All Cobb County rules

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