Memphis, TN Home Business: Home Daycare (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.
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?
Does the zoning code cap how many children I can enroll?
Do I still need a state license if my zoning is approved?
Sources & Official References
Other rules in Memphis
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