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Chattanooga, TN Home Business: Home Daycare (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 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.

View official code

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?
Yes, if you care for 8 or fewer children or adults. Table 38-41.1 gives that tier a P, permitted by right, and a blank cell means the use is not allowed in that zone. You still have to meet § 38-42(l): comply with state regulations, including required indoor and outdoor space, and display your operator license publicly.
Does watching only my own children make my house a day care home?
No. Section 38-45 says a day care home does not include facilities that only receive children from a single household. The definition covers a permanent occupant who cares for minors, the elderly, or functionally-impaired adults from outside households for less than 24 hours per day.
What happens if I want to care for 9 or more people at home?
The 9-or-more tier is an SE in the Use Matrix, so the Board of Appeals holds a public hearing under § 38-75 and must approve, approve with conditions, or deny. It needs findings on public safety, compatibility with adjacent property, and consistency with the Code. Mailed notice goes to owners within 300 feet at least seven days ahead.
Do the home occupation sign and employee limits apply to a day care home?
No. Section 38-43(e)(11) states that day care homes of any type are not considered a home occupation and are regulated separately as a principal use. The two-worker cap and the 1.5 square foot sign limit belong to home occupations, so a day care home follows § 38-42(l) and the Use Matrix instead.
How long does a special exception for a large day care home last?
Under § 38-75(h)(3), an approval tied to an existing structure expires within two years of the approval date if the licenses or permits required to operate have not been obtained, unless an extension was requested in writing beforehand. A denied application cannot be reheard on the same parcel for one year, and the Board's decision is appealable to Hamilton County Chancery Court.

Sources & Official References

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