Fenced Play Areas for Child Care: Jackson and Madison County Zoning Rules

Opening a child care center is a big enough project without a fence surprise in the middle of it. The good news is that two sets of rules are written down: Jackson's zoning ordinance for where the play area can sit, and a state licensing rule for the fence itself. The catch is that they come from different offices, so you have to line them up before you price anything.

This guide covers what each one says, what is still a question for the agency, and the order to do things in so you do not build a fence twice. I build fences. I am not a licensing consultant, so confirm anything that affects your license with the state before you rely on this page.

The Size Line: Seven or Fewer, Eight or More

Jackson's Zoning Ordinance sorts child care by headcount. A family day care home takes up to seven children. A group day care home takes eight to fifteen. A child care center takes sixteen or more.

Child care for seven or fewer children, including family day care homes, is not regulated by the zoning ordinance. It is permitted by right, subject to getting the license from the State of Tennessee.

At eight or more children, you are in group day care home or child care center territory. Section 10 of Article VI lists the minimum conditions, and one of them reads: "An adequate fenced play area shall be provided in accordance with Tennessee Department of Human Services requirements." So the zoning ordinance requires the fence, and it points to the state for the standard.

What Jackson Section 10 Requires

For group day care homes and child care centers, the Jackson ordinance lists these minimum conditions. The ones that touch the fence and the site:

• The fenced play area must sit no closer than ten feet to any residential lot line, and no closer than fifty feet to any public street.
• A screening, either vegetative or a masonry wall, goes between the fenced play area and residential lot lines in the locations the Board directs.
• All outdoor play has to happen inside the fenced play area.
• Total lot area cannot be less than 15,000 square feet.
• Off-street parking follows Article VI, Section 14 of the ordinance, and access from nearby streets has to be adequate, as the City Engineer determines, for the number of children expected.
• The operation has to meet the licensing requirements of the Tennessee Department of Human Services.

The play-inside-the-fence item matters for the design. If children are meant to play only inside the fence, the fence has to enclose all of the play space, with gates and openings planned so nothing leaks out.

The ordinance says these uses are permitted either by right or on appeal, depending on the district. Which districts allow child care, and under what approval, is not something I will try to summarize. Ask Planning which district your parcel is in and what approval your use needs.

The State Fence Rule

The state rule behind the zoning cross-reference is in the Department of Human Services' Licensure Rules for Child Care Agencies, rule 1240-04-01-.16 on physical facilities. The rule says the outdoor play area "shall be enclosed by a fence or barrier at least four (4) feet in height." It also lets the Department, in its discretion, waive that requirement if the agency makes a clear showing that the lack of a fence or barrier poses no apparent or potential risk to children. The Department's own summary of licensing requirements for child care agencies lists the same four-foot requirement.

The same rule says the outdoor play area needs at least fifty square feet of usable play space for each child using it at one time. It also says the agency must inspect the play area before each use, keep it free of hazardous conditions and animal waste, and cover sandboxes when they are not in use.

I read the rule text on a secondary copy, because the Secretary of State's site would not open for me, and the Department's summary is an older revision. The rule applies to licensed child care agencies as a group, and your license type may add conditions. Get the current text and any gate, latch or material requirements in writing from your Department of Human Services licensing contact before you design anything. Four feet is a minimum in that rule, not a design recommendation.

Madison County and Lexington

Madison County's zoning resolution handles this differently from Jackson's. In one commercial district, the C-4 planned commercial district, group day care homes and child care centers that meet or exceed the Department of Human Services standards are listed with several conditions. The fenced play area can be no closer than ten feet to any residential lot line or fifty feet to any public street. A screening, vegetative or masonry wall, goes between the fenced play area and residential lot lines. All outdoor play has to be inside the fenced area.

In the county's forestry-agricultural-recreational, fringe residential and multifamily districts, day care centers meeting the state standards are listed as uses permitted on appeal, and the Board of Zoning Appeals may attach conditions. The resolution says those can include screening, access and parking, and distance requirements as they relate to adjoining property. I did not find a fixed play-area setback written for those districts, so ask county planning what applies to your parcel.

Lexington is different again. Its zoning ordinance sets a minimum fenced play area size for family day care homes in several districts, which Jackson's text does not. That is a good reminder not to carry one town's numbers into another.

The Fence Still Needs a Permit

The play area requirement does not replace the ordinary fence rules. In Jackson, every fence needs a permit with prior Planning Department approval, and the application asks for a certified boundary survey or a signed agreement from each neighbor who shares a boundary line. Barbed wire and any electric charge are prohibited on a Jackson fence, which is an easy rule to meet on a play-area perimeter. The permits and rules guide covers the application.

In unincorporated Madison County, the county's residential permit-exemptions page lists fences not exceeding 7 feet in height. I could not find a county fence rule written out, and a child care use is a zoning matter anyway. Confirm with county planning how yours is classified.

A Sensible Order of Operations

Choosing a Fence for a Play Yard

The state rule sets a floor and your licensing contact may add more, so treat this as general practice, not a code list.

• Aluminum or ornamental iron lets staff see through the fence and keeps the play area open. Picket spacing matters, so ask what spacing the state wants.
• Vinyl is smooth and does not splinter, and a privacy version blocks the view from the street.
• Chain link is a common choice for large play areas. A vinyl coating on the wire is gentler on hands, and slats or screening can be added on the residential side.
• Privacy fencing in wood can double as the required screening, though it hides sight lines, so staff visibility should be part of the plan.

Gates deserve a close look. Self-closing hinges and a latch small hands cannot reach are worth discussing early, and they are worth checking against the state rule. Our gate installation page and the gate hardware guide cover the options.

If There Is a Pool on Site

A swimming pool on the same property brings its own barrier rules under the adopted building code, and those apply separately from the play-area fence. The adopted text calls for a barrier at least 48 inches high with a limited gap at the bottom. Do not count a play-yard fence as a pool barrier unless the barrier requirements are met. The pool fence requirements guide covers what applies.

What to Bring to the Planning Counter

Bring a simple site sketch showing the building, the property lines, the nearest street, and where you want the play area. Add the distances to the residential lot lines and the street. Planning can then tell you quickly whether the ten-foot and fifty-foot setbacks work, and where screening will be directed.

If the lot is tight, say so early. A play area that cannot meet the setbacks has to be moved before the fence is priced, not after.

Staff Sight Lines and Gates

Whatever the state requires, plan the fence so the people watching the children can see the whole play area from where they stand. That favors open fence styles on the sides staff face and solid screening only where neighbors need it. Keep the number of gates small and put them where staff can see them. Decide early which gate is for deliveries and which one doubles as an exit, and check that choice against your license conditions, since those belong to the state and not to a fence contractor.

Common Questions About Daycare Fences

The Honest Bottom Line

Get the zoning answer, then the state answer, then design the play area, and only then price the fence. That order saves you from building to one rule and tearing it out for another. When you are ready for the fence part, see commercial fencing services or fence installation in Jackson, and ask Greg for a site visit.

More plain-English answers on cost, permits, materials, and repairs are in all of our fence guides.