Chattanooga, TN Home Business: Home Daycare (2026)
Key Facts
- Home with 8 or fewer
- Permitted (P) in Table 38-41.1, subject to § 38-42(l)
- Home with 9 or more
- Special exception (SE) decided by the Board of Appeals
- State compliance
- All applicable state regulations, including indoor and outdoor space
- License display
- Operator license must be displayed publicly
- Home occupation status
- Not a home occupation; regulated as a principal use
- Special exception expiry
- Two years if required licenses or permits are not obtained
- Enforcement
- Director of the Land Development Office
Summary
Chattanooga treats a day care home as a principal use, never as a home occupation. A home caring for 8 or fewer children or adults is rated P (permitted) in the Use Matrix, while a home caring for 9 or more is rated SE and needs Board of Appeals approval. Every home must meet state regulations and display its operator license publicly.
(l) Day Care Center and Day Care Home ..... (1) Each day care center or day care home must comply with all applicable state regulations, including required indoor and outdoor space. ..... (2) The day care center or day care home operator license must be displayed publicly. ... (11) Day care homes of any type are not considered a home occupation and are regulated separately by this Ordinance as a principal use. ... Day Care Home. A residential dwelling where a permanent occupant of the dwelling provides care for minors, the elderly, and/or functionally-impaired adults from outside households in a protective setting for less than 24 hours per day. A day care home does not include facilities that only receive children from a single household.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 40 Update 1).
Full Breakdown
Section 38-45 defines a day care home as a residential dwelling where a permanent occupant provides care for minors, the elderly, and/or functionally-impaired adults from outside households in a protective setting for less than 24 hours per day. The final sentence of the definition matters to parents: a facility that only receives children from a single household is not a day care home. Care is not limited to children, so a resident who looks after elderly neighbors or functionally-impaired adults during the day falls in the same category.
Section 38-43(e)(11) takes day care homes out of the home occupation rules. Day care homes of any type are not considered a home occupation and are regulated separately as a principal use. That sorting decides which rulebook applies: the home occupation limits in § 38-43(e), such as the cap of two non-resident workers and the single 1.5 square foot wall sign, are written for home occupations, and the day care home standards sit in § 38-42(l) and Table 38-41.1.
Table 38-41.1 (Use Matrix) splits the use by headcount. The row for Day Care Home, 8 or Less Children/Adults carries only P, which § 38-41(b)(1) defines as permitted by right. The row for Day Care Home, 9 or More Children/Adults carries only SE, a special exception under § 38-41(b)(2). Under § 38-41(b)(3), a blank cell means the use is not allowed in that zone, so the zone column still has to list the use. The matrix prints its use-standards reference as 38-42 (j), while the standards themselves now print under subsection (l).
The standards in § 38-42(l) have two parts. Subsection (1) requires each day care home to comply with all applicable state regulations, including required indoor and outdoor space. Subsection (2) requires the operator license to be displayed publicly. Both parts apply to the 8-or-fewer home and the 9-or-more home alike.
Violations & Fines
The Director of the Land Development Office enforces Chapter 38 under § 38-112 and can ask the City Attorney to seek an injunction or abatement, with the Police Department's help when needed. Under §§ 38-113 and 38-114, each violation is subject to a fine on conviction, and every additional day is a separate offense with its own daily fine. Chapter 38 prints no dollar amount. Penalties stop accumulating once the violation is corrected, and the property owner can be charged the City's legal expenses.
Frequently Asked Questions
Can I run a day care from my Chattanooga home without a special exception?
Does watching only my own children make my house a day care home?
What happens if I want to care for 9 or more people at home?
Do the home occupation sign and employee limits apply to a day care home?
How long does a special exception for a large day care home last?
Sources & Official References
Other rules in Chattanooga
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