Rutherford County, TN Home Business: Home Daycare (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.
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?
What if I want to care for more than four children?
Does a parents' day out program count the same way?
Sources & Official References
Other rules in Rutherford County
Compare Rutherford County to another location·View the Tennessee home business overview
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