Whitfield County, GA Home Business: Home Daycare (2026)
Key Facts
- Family day care home
- 3 to 6 children
- Group day care home threshold
- 7 to 18 children
- Max hours per day
- 16 hours
- Group homes regulated by
- Georgia DFCS
- Local permit for 3-6 children
- none required
Summary
Whitfield County's Unified Zoning Ordinance defines a family day care home as a private residence where a resident cares for three to six unrelated children, for a fee, for no more than 16 hours a day. Cross seven children and the operation becomes a state-regulated group day care home instead.
Family day care home. A private residence operated by a resident thereof who, for a fee, supervises and/or cares for not less than three (3) and not more than six (6) children under eighteen (18) years of age who are (a) not related to such person; (b) whose parents or guardians are not residents thereof; and (c) and who remain at such establishment for not more than sixteen (16) hours per day. ... Group day care home. An establishment regulated by the Georgia Department of Family and Children's Services (DFCS) and operated by any person, firm, partnership, association, proprietorship, company, or corporation which, for a fee, supervises and/or cares for not less than seven (7) and not more than eighteen (18) children under eighteen (18) years of age who remain at such establishment for not more than sixteen (16) hours per day.
Full Breakdown
Article II of the Unified Zoning Ordinance draws a sharp numeric line between running a home as a family day care and running it as a licensed child care business. A family day care home is a private residence operated by a resident who, for a fee, supervises not less than three and not more than six children under age 18, none of them related to that person and none whose parent or guardian lives there, for no more than 16 hours in a day.
That definition sits alongside three other day care sub-categories the ordinance recognizes: group day care homes (7 to 18 children, regulated by the Georgia Department of Family and Children's Services), child care learning centers (19 or more children, also DFCS-regulated), and adult day centers. Crossing from six children to seven is what triggers DFCS licensing as a group day care home under county code, along with the additional-use conditions the ordinance places on non-residential day care operations elsewhere in Article IV. Because the definition itself does not carry a separate permit requirement, a family day care home operating within the 3-to-6 child range is treated as an ordinary residential use rather than a commercial accessory use requiring site plan review. Operators should still confirm compliance with state child care licensing and county building and fire codes, which apply independently of the zoning classification.
Violations & Fines
The Unified Zoning Ordinance's general enforcement provisions apply if a residence exceeds the six-child family day care home threshold without the state licensing and zoning treatment a group day care home requires. Under Sec. 11-7, a violation of the ordinance carries a maximum fine of $1,000.00 or 60 days imprisonment, or both, with continuing violations penalized separately each day, and the Zoning Administrator can first issue a 30-day cure notice under Sec. 11-9 before the case goes to the Governing Authority or Magistrate Court.
Frequently Asked Questions
How many children can I watch in my home in unincorporated Whitfield County before I need a state license?
Does Whitfield County require a zoning permit for a family day care home?
Can I count my own children toward the six-child limit?
Sources & Official References
Other rules in Whitfield County
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