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Memphis, TN Home Business: Home Daycare (2026)

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

Key Facts

Governing chapter
UDC § 2.6.2.B, Civic Use Standards
Group day care home size
5 to 12 children
Street requirement
Connector, arterial, or near-arterial minor street
Buffer required
Class III buffer along residential side (§4.6.5)
Playground setback
No equipment in the front building setback
Applies to
City of Memphis and unincorporated Shelby County

Summary

Memphis and Shelby County zoning treats in-home day care as a Civic Use with strict siting rules. A Group Day Care Home serving 5 to 12 children must sit on a connector street, an arterial, or a minor street within 150 feet of an arterial intersection, and this standard governs both the City of Memphis and unincorporated Shelby County.

a. Day care facilities shall be required to meet the rules adopted and published pursuant the Tennessee Department of Human Services. ... c. A facility that is located in a residential district shall maintain the residential character and scale of the area in which it is located. ... e. The maximum number of children to be accommodated on site shall be specified. ... h. No playground equipment shall be permitted within the front building setback. 2. Group Day Care Home of 5-12 persons: The property shall be located on a connector street, on an arterial, or on a minor street that serves only nonresidential uses or zoning districts, or on a minor street within 150 feet (measured from the property line) of an intersecting arterial.

Source: TN DHS Child Care LicensingView official code

Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.

Full Breakdown

B, and the same section applies whether the site sits inside the City of Memphis or in unincorporated Shelby County, since both governments share this single zoning code. Every day care facility, regardless of size, must first meet the licensing rules published by the Tennessee Department of Human Services, and the zoning code layers its own site standards on top of that state license. 5 is required along any side of the property that touches a residential use, though the Site Plan Review process can approve an alternative buffer.

A facility sited in a residential district has to keep the residential scale and character of the surrounding area, and the code requires sufficient off-street passenger drop-off space unless the City or County Engineer waives it. No playground equipment may sit within the front building setback. The enrollment cap the operator sets is binding: children related to the provider by blood or marriage still count toward it, and state or local health, fire, or education rules can only push the number down, never up. The 5-12 child Group Day Care Home tier, the size class between a small family home and a full Child Care Center, carries its own street-frontage rule: the lot must be on a connector street, an arterial, or a minor street that serves only nonresidential uses, or a minor street within 150 feet of an intersecting arterial.

A larger Child Care Center must sit on at least 20,000 square feet in a residential district and stay 1,320 feet from the next Child Care Center.

Violations & Fines

Memphis and Shelby County zoning administrators enforce these standards through the site plan and certificate of occupancy process: a group day care home built on a disqualifying street, or one that skips the required buffer or drop-off area, can be denied a certificate of occupancy or ordered to correct the site plan before opening. The Tennessee Department of Human Services separately can suspend or revoke the facility's state license for violating its own day care rules.

Frequently Asked Questions

Can I run a group day care home for 8 children in any Memphis neighborhood?
Not on every lot. Section 2.6.2.B.2 of the Unified Development Code requires a Group Day Care Home of 5 to 12 children to sit on a connector street, an arterial street, or a minor street that only serves nonresidential uses, or on a minor street within 150 feet of an intersecting arterial. A home on an ordinary residential side street off that network does not qualify no matter how many children are enrolled.
Does the zoning code cap how many children I can enroll?
The code does not set one enrollment number for every site. Instead, Section 2.6.2.B.1(e) requires the operator to specify the maximum number of children on site, and that number becomes binding once set. Children related to the provider by blood or marriage still count toward it, and state health, fire, or education rules can only lower it, never raise it.
Do I still need a state license if my zoning is approved?
Yes. Section 2.6.2.B.1(a) requires every day care facility to meet the rules adopted and published by the Tennessee Department of Human Services, a separate state licensing track from local zoning approval. Both approvals run in parallel, and losing the state license does not automatically void the zoning approval, but neither one substitutes for the other.

Sources & Official References

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