Brockton, MA Building Safety: Childcare Center Rules (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.
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?
How much bigger are these setbacks than a regular house's?
Does meeting the yard requirement guarantee approval?
Sources & Official References
Other rules in Brockton
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