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Rutherford County, TN Home Business: Home Daycare (2026)

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

Key Facts

By-right limit
4 or fewer children, unlicensed
Special exception limit
Up to 12 children total
By-right citation
Zoning Ordinance § 403 A.2.i
Special exception citation
Zoning Ordinance § 1408 D.7.a
Reviewing body
Board of Zoning Appeals

Summary

In unincorporated Rutherford County, a private home may care for up to four children without a state license as a by-right accessory use under Zoning Ordinance Section 403 A.2.i. Anything larger, up to twelve children, is a Family/Group Child Care Home and needs a Board of Zoning Appeals special exception.

City-specific rules exist: Murfreesboro has its own home daycare rules that differ from Rutherford County's county-level regulations. If you live in Murfreesboro, check the city-specific page instead.

h. A parents' day out or child care for pre-teenage children for not more than twelve (12) hours in any one week and which does not require licensure by the State of Tennessee shall be permitted on any property approved as a Community Assembly use. i. Private residential homes that provide childcare for four (4) or less children and requires no licensure from the State of Tennessee. j. Child Care Centers accessory to legally established Community Assembly Uses by special exception, subject to provisions of Sections 1103 C.4 and 1408.

Full Breakdown

Rutherford County's residential districts (AR, RL, RM and RMF) treat small-scale home child care as an accessory use, not a business requiring a permit. i allows a private residential home to provide childcare for four or fewer children with no State of Tennessee licensure required. 4 and 1408. Above the four-child by-right threshold, the ordinance's definitions classify a 'Family/Group Child Care Home' as child care in an occupied residence of not more than twelve children, including children under age ten living in the home. a, which sets three conditions: the lot size, yard and bulk regulations of the district still apply; all Tennessee licensing requirements for the home must be met; and vehicular access must let cars exit the site without backing into the street.

Because the standard folds state licensing directly into the zoning test, an operator who is licensed by the Tennessee Department of Human Services for more than four children but has not obtained the county special exception is out of compliance with both regimes at once. Planning & Engineering reviews the special exception application and the Board of Zoning Appeals hears it at a public meeting.

Violations & Fines

Operating child care for more than four children in a residential district without the Board of Zoning Appeals special exception required by Section 1408 D.7.a is a zoning violation, enforced the same as any other violation: a written complaint goes to the Director of Building Codes under Section 1410 A, and each day of unpermitted operation is a separate offense under Section 1410 B. The county can also seek an injunction to stop the use under Section 1410 C.

Frequently Asked Questions

Can I run a home daycare in unincorporated Rutherford County without a permit?
Yes, for up to four children. Section 403 A.2.i permits a private residential home to provide childcare for four or fewer children as an accessory use with no state licensure and no zoning permit required.
What if I want to care for more than four children?
You need a Board of Zoning Appeals special exception as a Family/Group Child Care Home under Section 1408 D.7.a, which caps the home at twelve children total, requires meeting all State of Tennessee licensing rules, and requires vehicles to exit without backing into the street.
Does a parents' day out program count the same way?
No. Section 403 A.2.h allows a parents' day out or child care limited to twelve hours per week without state licensure, but only on property already approved as a Community Assembly use, a different accessory-use path than the residential home daycare rule.

Sources & Official References

Other rules in Rutherford County

All Rutherford County rules

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