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Brockton, MA Building Safety: Childcare Center Rules (2026)

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

Key Facts

Trigger
Child care facility serving more than 10 children
Front yard
50 feet, regardless of underlying zone
Side yard
50 feet, regardless of underlying zone
Rear yard
100 feet, regardless of underlying zone
State law tie-in
M.G.L. c. 40A §3 and c. 28A §9 definitions

Summary

A child care facility in Brockton serving more than ten children, as defined under state law, must clear far larger yards than an ordinary residence: 50-foot front and side yards and a 100-foot rear yard, regardless of what Table 1 otherwise allows in that zone, under § 27-17(5) of the zoning ordinance.

Notwithstanding the provisions in Tables 1, 2, and 3, the yard requirements for a "child care facility" as defined in M.G.L. chapter 40A, section 3, and M.G.L. chapter 28A, section 9 and with more than ten (10) children shall be as follows: Front yard: Fifty (50) feet. Side yard: Fifty (50) feet. Rear yard: One hundred (100) feet.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 28).

Full Breakdown

Section 27-17(5) carves child care facilities out of the normal Table 1, 2 and 3 yard schedule that governs every other residential, commercial and industrial use. c. c. 28A, § 9, serving more than ten children. Once a facility crosses that ten-child threshold, Brockton requires a 50-foot front yard, a 50-foot side yard and a 100-foot rear yard, no matter how small those setbacks would otherwise be in the underlying zone; in R-2 or R-3, for example, where an ordinary house needs only a 20-foot front yard and a 10-foot side yard, a larger child care center needs two and a half to five times that buffer.

The rule applies on top of, not instead of, the chapter's other zoning controls: the facility still has to fit the district's use, lot coverage and parking standards, and any change in a building's use to a covered child care facility is subject to the certificate-of-occupancy review in § 27-52, which the inspector of buildings will not issue unless the enlarged yards described above are actually provided on site.

Violations & Fines

Operating or expanding a covered child care facility without meeting the 50-foot front, 50-foot side and 100-foot rear yards is a zoning violation under § 27-17(5). The inspector of buildings can refuse the certificate of occupancy under § 27-52 or order an existing noncomplying use vacated until the site is brought into conformity.

Frequently Asked Questions

Do all Brockton day cares need 50-foot yards?
No. Section 27-17(5) applies only once a 'child care facility' as defined by state law serves more than ten children; smaller in-home care isn't covered by this enlarged-yard rule and follows the district's ordinary Table 1 setbacks instead.
How much bigger are these setbacks than a regular house's?
Substantially. In R-2 or R-3, an ordinary home needs only a 20-foot front yard and a 10-foot side yard, while a covered child care facility in the same zone needs 50 feet on the front and side and 100 feet on the rear under § 27-17(5).
Does meeting the yard requirement guarantee approval?
No. The 50/50/100-foot yards are a floor, not a full permit. The facility still has to satisfy the underlying zone's use, parking and lot coverage rules, and the inspector of buildings will not issue a certificate of occupancy under § 27-52 until every requirement is met.

Sources & Official References

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