Brockton, MA Home Business: Home Daycare (2026)
Key Facts
- R-1 zone
- By-right, maximum 6 children
- R-2/R-3 zones
- Special permit required, any size
- State definition used
- M.G.L. c. 28A, § 9
- Special permit authority
- Zoning Board of Appeals
- Accessory-structure cap
- 30% of one floor if run from accessory building
Summary
Brockton allows a family day care home for up to six children as a principal permitted, by-right use in R-1 single-family zones. Larger 'large family day care' operations, and any family day care in R-2 or R-3 multi-family zones, need a special permit under the state-law definitions in M.G.L. c. 28A, § 9.
Sec. 27-25. - R-1 Zones, single-family residential zones. 1.Principal permitted uses...e.Family day care homes, provided there is a maximum of six (6) children. Sec. 27-26. - R-2 Zones. 3.Permitted special uses.a.Any special use permitted in the R-1 Zones...c.Family day care home, as defined in M.G.L. chapter 28A, section 9.d.Large family day care home, as defined in M.G.L. chapter 28A, section 9.
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
City Code § 27-25(1)(e) lists family day care homes as a principal permitted use in R-1 single-family zones, capped at a maximum of six children, meaning no zoning permit or Zoning Board of Appeals hearing is required below that threshold. c. 28A, § 9, as special permitted uses in R-2 zones, and § 27-27(3)(g)-(h) applies the identical special-permit treatment in R-3 zones. A special use requires review under Article V and Article VII of the zoning ordinance, which routes the application to the Zoning Board of Appeals for a public hearing and discretionary conditions.
Because a home daycare is also treated as an accessory use if it operates from an accessory structure, it is bound by the general accessory-use cap limiting such uses to no more than 30 percent of one floor of the principal building or an equivalent area in an accessory building.
Violations & Fines
A family day care home that exceeds the R-1 zone's six-child, by-right limit, or that operates in an R-2 or R-3 zone without the special permit required by §§ 27-26(3) and 27-27(3), is a zoning violation enforced by the inspector of buildings under §§ 27-51 and 27-52: no certificate of occupancy will issue, and if a violation is found on inspection the inspector can order the use vacated until the property is brought into conformity.
Frequently Asked Questions
Can I run a home daycare in Brockton without a special permit?
What if I want to care for more than six children at home?
Does a family day care home need a special permit in an R-2 zone?
Sources & Official References
Other rules in Brockton
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