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Rutherford County, TN Building Safety: Childcare Center Rules (2026)

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

Key Facts

Governing section
Zoning Ordinance § 1103 C.4
Required feature
On-site vehicle loading/unloading area
Traffic rule
No backing onto street or sidewalk
Utility check
Must show adequate wastewater capacity
State agencies referenced
TN Dept. of Human Services, State Fire Marshal

Summary

A child care center in unincorporated Rutherford County must provide an on-site loading and unloading area so parents' vehicles never back onto a street or sidewalk, and must show adequate wastewater capacity, under Zoning Ordinance Section 1103 C.4. State licensing through the Department of Human Services and the State Fire Marshal is still required on top of the county's siting rules.

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

a. An on-site, off-street area shall be provided for vehicles to load and unload passengers. b. Facilities for vehicular parking access to and from the site of the child care center shall be arranged to permit vehicles to exit from the site without backing onto any street or sidewalk and shall meet the standards included in Section 1102 of this Ordinance. c. Day care centers must demonstrate that adequate wastewater capacity exists to serve the proposed use. d. All regulations for child care facilities enforced through other agencies, including but not limited to the Tennessee Department of Human Services and the Tennessee State Fire Marshal's Office, must be met.

Full Breakdown

4 of the Rutherford County Zoning Ordinance lists four use-specific standards for child care centers as a commercial activity. First, the site must include an on-site, off-street area for vehicles to load and unload passengers, so drop-off and pick-up traffic does not spill onto the public street. Second, vehicular parking and access must be arranged so vehicles can exit the site without backing onto any street or sidewalk, and the parking layout must meet the general off-street parking standards in Section 1102. Third, day care centers must demonstrate that adequate wastewater capacity exists to serve the proposed use, which the Planning and Engineering Department checks during site plan review since much of the unincorporated county runs on septic rather than sewer.

Fourth, the section makes clear that county zoning approval does not substitute for state regulation: all requirements enforced by other agencies, including the Tennessee Department of Human Services (which licenses child care agencies) and the Tennessee State Fire Marshal's Office (which inspects for fire and life-safety code compliance), must still be met. Because these standards sit in Chapter 11's use-specific standards for commercial activities, a child care center also has to satisfy the underlying zoning district's use table and any site plan or special exception process that applies to it before Planning and Engineering will sign off.

Violations & Fines

A child care center that opens without the required on-site loading area, that forces vehicles to back onto a public street, or that cannot document adequate wastewater capacity can be denied site plan approval or a certificate of occupancy under Section 1103 C.4. Operating without the required Tennessee Department of Human Services license or without State Fire Marshal sign-off remains a separate state-level violation the county ordinance expressly preserves.

Frequently Asked Questions

Can a child care center's drop-off line use the public street?
No. Section 1103 C.4 of the Zoning Ordinance requires an on-site, off-street loading and unloading area, and vehicles must be able to exit without backing onto any street or sidewalk.
Does the county still require a state child care license?
Yes. Section 1103 C.4 states that all regulations enforced by other agencies, including the Tennessee Department of Human Services and the State Fire Marshal's Office, must be met in addition to the county's siting standards.
What utility issue does the county check for a proposed day care?
Wastewater capacity. Section 1103 C.4 requires day care centers to demonstrate that adequate wastewater capacity exists to serve the proposed use before site plan approval.

Sources & Official References

Other rules in Rutherford County

All Rutherford County rules

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