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

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

Key Facts

Use listing
Child care center, permitted in the Downtown District, § 174-8.12(A)(6)
Unlisted uses
Prohibited in the Downtown District under subsection E
Lot standards
5,000 square feet minimum area, 60 feet minimum frontage
Height
35 feet and three stories maximum
Historic buildings
Special permit from the Planning Board under § 174-13.8
Adult use buffer
1,000 feet from a child care facility
Fine
Up to $300 per offense, each day separate

Summary

In Southborough, a child care center is a permitted use in the Downtown District under § 174-8.12(A)(6), and subsection E prohibits every use that section does not list. The Zoning Enforcement Officer enforces the bylaw, and 1,000-foot buffers keep adult uses and marijuana dispensaries away from child care and day-care facilities.

A. Permitted uses are as follows: ... (1) All uses permitted in the residential districts (RA and RB). ... (5) Bed and breakfast. (6) Child care center. (7) Co-work center. ... E. Prohibited uses. All uses which are not listed above, legally nonconforming or otherwise allowable by the provisions of the zoning regulations are prohibited.

Full Breakdown

Chapter 174 names a child care center in one district use list. Section 174-8.12(A) lists it among the permitted uses in the Downtown District, alongside bed and breakfast, co-work center, professional or business office and all uses permitted in the RA and RB residence districts. Subsection E closes the list: all uses not listed, legally nonconforming or otherwise allowable under the zoning regulations are prohibited.

A center in the Downtown District must also meet the district's development standards in subsection F: minimum lot area of 5,000 square feet, minimum frontage of 60 feet, a front setback of 10 feet, a rear setback of 35 feet, a side setback of 10 feet (25 feet if adjacent to a residential district), maximum building height of 35 feet and three stories, minimum landscaped green space of 20%, and a floor area ratio of 0.40 as of right. Subsection G adds that the principal entrance must be on the front facade, which faces the street.

Historic buildings offer a second path. Under § 174-13.8(B)(2), a child care facility and/or elder care facility in a commercial or municipal historic building is allowed only by special permit, with the Planning Board as the special permit granting authority, and is subject to site plan approval under § 174-10.

Child care facilities also act as buffers. Under § 174-9(I)(3)(a), an adult bookstore, adult video store, adult paraphernalia store or adult motion-picture theater cannot be located less than 1,000 feet from a child care facility. Under § 174-9(J)(2)(a)[3], a registered marijuana dispensary must sit not less than 1,000 linear feet from a property line of a day-care center, which § 174-9(J)(2)(c) defines as any establishment, whether public or private, that provides care for children and is licensed by the Massachusetts Department of Early Education and Care.

Violations & Fines

The Building Inspector, acting as Zoning Enforcement Officer, enforces the bylaw under § 174-24. Anyone who violates the bylaw, a permit condition or a Board of Appeals or Planning Board decision is punished by a fine not exceeding $300 for each offense, and each day the violation continues is a separate offense. No structure can be erected, altered or changed in use until a permit has been issued.

Frequently Asked Questions

Where is a child care center a permitted use in Southborough?
Section 174-8.12(A)(6) lists a child care center as a permitted use in the Downtown District. It is the only district use list in Chapter 174 that names a child care center. Subsection E prohibits all uses not listed, legally nonconforming or otherwise allowable under the zoning regulations.
Can a child care facility open in a historic building?
Section 174-13.8(B) allows a child care facility and/or elder care facility in a commercial or municipal historic building only by special permit under § 174-9, with the Planning Board as the special permit granting authority and site plan approval under § 174-10, unless that section provides otherwise.
How close can an adult business be to a child care facility?
Not closer than 1,000 feet. Section 174-9(I)(3)(a) bars a special permit for an adult bookstore, video store, paraphernalia store or motion-picture theater located less than 1,000 feet from a child care facility, measured from all property lines of the proposed adult use.
What building standards apply to a Downtown District child care center?
Subsection F sets a 5,000 square foot minimum lot, 60 feet of frontage, setbacks of 10 feet front, 35 feet rear and 10 feet side, and a 35 foot, three story height limit. Subsection G requires the principal entrance on the front facade facing the street.

Sources & Official References

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