Hall County, GA Home Business: Home Daycare (2026)
Key Facts
- Governing section
- Sec. 7.5.2.D
- Child capacity
- 3 to 6 unrelated children under 18
- Zoning status
- Permitted by right in most residential/ag zones
- State requirement
- Must be licensed or registered with Georgia
- Not permitted in
- S-S, H-B, I-1, I-2 districts
Summary
Hall County treats an in-home day care as a "family day care facility" under Sec. 7.5.2.D: a private residence, licensed or registered with the State of Georgia, where the resident is paid to supervise three to six unrelated children under 18 for less than 24 hours a day. The Allowed Use Table permits this use by right in nearly every residential and agricultural zoning district.
A private residence licensed or registered with the State of Georgia operated by the person residing there who receives pay for supervision and care, for fewer than 24 hours per day and without transfer of legal custody, for three but not more than six children under 18 years of age who are not related to such person and whose parents or guardians are not residents in the same private residence.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 80).
Full Breakdown
Sec. " Unlike the day care center classification in Sec. C, the code attaches no separate numeric use standards, such as outdoor play area, fencing or setbacks, to a family day care facility; the definition itself is the operative rule. On the Allowed Use Table, a family day care facility is a Permitted (P) use in the AG-1, AR-1, V-C, R-1-L, R-1, R-TF, R-X, R-MF and MHP districts, and also in the Mixed-Use (M-U) district, meaning it does not need Board of Commissioners or Planning Commission approval in a home located in any of those zones.
It requires a Special Use Permit in the Office and Institutional (O-I) district, and is not permitted at all in Suburban Shopping, Highway Business, Light Industrial or Heavy Industrial zoning. Because the facility must already be "licensed or registered with the State of Georgia," an operator caring for four unrelated children in a Hall County home still needs the applicable state license before the by-right zoning use applies, and hosting seven or more children moves the operation into the separate "group day care facility" classification at Sec. E, which carries different, more restrictive district permissions.
Violations & Fines
Running an in-home day care that exceeds the six-child cap, or operating in a district where the use isn't listed as Permitted or Special Use, is a UDC violation. Sec. 11.4.3 lets the county seek an injunction to stop the unpermitted use, and Sec. 11.4.4 makes the violation a misdemeanor punishable, per Sec. 1.50.020, by up to a $1,000.00 fine or six months in jail, with each day of continued operation a separate offense.
Frequently Asked Questions
How many children can I care for in a home day care in Hall County?
Do I need a zoning permit to run a home day care in a Hall County subdivision?
Does the county impose fencing or outdoor-space rules on home day cares?
Where is home day care not allowed in Hall County?
Sources & Official References
Other rules in Hall County
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