Massachusetts state law preempts Lowell's home-occupation zoning for licensed child care. A family child care home or large family child care home is an allowable use by right and cannot be prohibited or made to obtain a special permit.
Massachusetts General Laws Chapter 40A, Section 3 controls this topic and overrides any conflicting Lowell rule. It provides that no zoning ordinance shall prohibit, or require a special permit for, the use of land or structures for the primary, accessory or incidental purpose of operating a child care facility, and that a 'Family child care home and large family child care home as defined in section 1A of chapter 15D shall be an allowable use and no city or town shall prohibit or regulate such use in its zoning ordinances or by-laws.' As a result, Lowell's Home Occupation registration and Special-Permit standards in Zoning Ordinance Sec. 4.3.3-4.3.4 cannot be applied to bar or burden a state-licensed family child care home. Licensing is handled by the Massachusetts Department of Early Education and Care (EEC); the City may still apply reasonable, generally applicable health, safety, and building/fire-code standards.
Local zoning enforcement against a licensed family child care home is preempted by G.L. c. 40A, Sec. 3. Operating child care without an EEC license is enforced by the state Department of Early Education and Care; building- and fire-code deficiencies are enforced by the Lowell Building Department and Fire Department under the state codes.
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Lowell, MA
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Lowell, MA
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