Jackson County, MS Home Business: Home Daycare (2026)
Key Facts
- Family Child Care Home size
- 5 or fewer children
- Group Child Care Home size
- 6 to 15 children
- Permit type
- Special Exception, Board of Supervisors
- Districts requiring review
- A-1 to A-3, R-1 to R-3, PUD
- Excluded districts
- No entry in R-4 or R-5
- State registration
- Voluntary, MS Dept. of Health
Summary
Jackson County's Zoning Ordinance treats in-home child care as a regulated land use, not an automatic home business. A Family Child Care Home caring for five or fewer children and a Group Child Care Home caring for six to fifteen need Board of Supervisors approval as a Special Exception in the county's agricultural and single- and two-family residential districts, and are not listed at all in the high-density R-4 or R-5 estate districts.
CHILD CARE FACILITY: A place which provides shelter or personal care for four (4) or more hours of any part of the twenty-four hour day for six (6) or more children who are not related within the third degree computed according to civil law to the operator and who are under thirteen (13) years of age. There shall be four (4) classifications of child care facilities being defined as follows: ... c. Family Child Care Home: An occupied residence in which shelter and personal care is regularly provided for five (5) or less children who are not related within the third degree computed according to the civil law to the provider and who are under the age of thirteen (13) years of age and are provided care for any part of the twenty-four (24) hour day. These homes may be voluntarily registered with the Mississippi State Department of Health.
Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Article 2 of the Zoning Ordinance defines a Family Child Care Home as an occupied residence that regularly provides shelter and personal care to five or fewer children under thirteen who are not related to the provider within the third degree of civil law, for any part of a 24-hour day; these homes may voluntarily register with the Mississippi State Department of Health. A Group Child Care Home is the same setup scaled to six to fifteen children, with related children counted toward space and staffing but excluded from the licensed total.
Table 5-2, Allowed Uses and Permitted Requirements for Low and Medium Density Residential Zones, lists 'Child care facility' (which covers both home types) as 'R', Permitted on Review, in the A-1, A-2, A-3, R-1, R-1A, R-1B, R-2 and R-3 districts and in Planned Unit Developments. 12, not a by-right home occupation. The table carries no entry for the use in R-4 High-Density Residential or R-5 Residential Estates, so a child care facility is not an available use in those two districts at all. A facility limited to a kindergarten, nursery school or Head Start operated by a school system is exempted from the child-care definition and instead follows Mississippi State Board of Health space standards and the current building code, not the Special Exception process.
In the county's commercial and industrial district table, 'Child Care Facility' carries no permitted-use mark in any of the C-1 through I-3 districts, so a stand-alone commercial child care center outside a residential district needs its own zoning review.
Violations & Fines
Operating a Family or Group Child Care Home without the Special Exception the Board of Supervisors must grant under Section 9.12 is a zoning violation, enforceable the same as any unpermitted use under Section 9.5, Penalties and Remedies for Violations. The Planning Director or Zoning Administrator can issue a notice of violation, and an operator who disagrees with a decision may appeal under Section 9.19.01 to the Planning Commission and then to the Board of Supervisors.
Frequently Asked Questions
How many children can I watch in my Jackson County home without extra approval?
Can I run a licensed group daycare in a Jackson County subdivision?
Is home daycare allowed in Jackson County's high-density residential zones?
Sources & Official References
Other rules in Jackson County
Compare Jackson County to another location·View the Mississippi home business overview
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