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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Approval type
Special Exception, Board of Zoning Appeals
Play area
100 sq ft outdoor play area per child
Fence height
At least 4 feet, enclosing play area
Districts affected
R-1, R-2, R-AG residential districts
Definition threshold
3 to 6 children, under 17, for pay
Procedure section
LDR Section 114 special exceptions

Summary

Houston County treats a home daycare as a Special Exception use, not a by-right home business. In the R-1, R-2, R-AG and related residential districts, a day-care home needs Board of Zoning Appeals approval plus a fenced outdoor play area before it can operate.

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

(4) Kindergartens, playschools, and day care centers and day care homes, provided that at least 100 square feet of outdoor play area is provided for each child and that such play area is enclosed by a fence at least 4 feet in height.

Full Breakdown

Houston County's Comprehensive Land Development Regulations define a "Day-Care Home" as any place operated by a person who receives, for pay, three to six children under seventeen for group care without transfer of custody, for more than four and less than twenty-four hours a day (Definitions, Section on District/Day-Care terms, item 22). That use is not listed among by-right permitted uses in any residential district. 3, governing the R-1 Single-Family Residential District, lists "Kindergartens, playschools, and day care centers and day care homes" under "Uses permitted by Special Exception," the same category used for churches, home occupations, and additional dwellings.

The ordinance attaches a physical standard directly to the approval: at least 100 square feet of outdoor play area per child, and that play area must be enclosed by a fence at least 4 feet in height. 3 allows "Any uses permitted by special exception in an R-1 district"), so the same fenced-play-area condition travels with the use into R-2. Approval runs through the Board of Zoning Appeals procedure set out in Section 114 rather than through staff sign-off, meaning a public hearing and a discretionary vote are part of opening a home daycare anywhere in unincorporated Houston County.

3(3), likewise lists day care centers and day care homes only under its Special Exception list, not its by-right permitted uses, confirming the pattern applies county-wide rather than to one zone.

Violations & Fines

Operating a day-care home in a residential district without first obtaining a Board of Zoning Appeals special exception is a zoning violation enforceable by the county's zoning administrator under the LDR's general enforcement provisions. Missing the required fenced, 100-square-foot-per-child outdoor play area is a condition violation that can void an otherwise-granted special exception. Fines and correction orders run through the county code enforcement process referenced in Section 114's special exception procedures.

Frequently Asked Questions

Can I run a home daycare by right in a Houston County residential zone?
No. Section 71.2.3(4) of the Comprehensive Land Development Regulations places day care homes in the R-1 district's Special Exception list, not the by-right permitted use list, so you need Board of Zoning Appeals approval before operating.
What counts as a day-care home under county rules?
The LDR defines a Day-Care Home as a place where a person receives, for pay, three to six children under seventeen for group care without transfer of custody, for more than four but less than twenty-four hours per day.
What site requirements come with the special exception?
The county requires at least 100 square feet of outdoor play area for each child in care, and that play area must be enclosed by a fence at least 4 feet high, per Section 71.2.3(4).
Does this rule apply outside the R-1 district?
Yes. Section 71.3.3 carries R-1's special exception list, including day care homes, into the R-2 district, and Section 71.1.3(3) applies the same Special Exception treatment in the R-AG Agricultural Residential District.

Sources & Official References

Other rules in Houston County

All Houston County rules

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