Massachusetts General Laws
Chapter 40a - Zoning
Section 9c - Child Care Facilities; Allowable Floor Area; Charges of Owner; Family Incomes

Section 9C. As used in this section, the term ''child care facility'' shall mean a child care center or a school-aged child care program, as defined in section 1A of chapter 15D.
When any zoning ordinance or bylaw in any city or town limits the floor area of any structure, such floor area shall be measured exclusive of any portion of such structure in which a child care facility is to be operated as an accessory or incidental use, and the otherwise allowable floor area of such structure shall be increased by an amount equal to the floor area of such child care facility up to a maximum increase of ten per cent. In any case where the otherwise allowable floor area of a structure has been increased pursuant to the provisions of this section, the portion of such structure in which a child care facility is to be operated as an accessory or incidental use shall not be used for any other purpose unless, following the completion of such structure, the board authorized to grant variances under such zoning ordinance or bylaw shall have determined, with the written concurrence of the office for children, that the public interest and convenience do not require the operation of such facility. The procedures governing the granting of variances, including all rights of appeal, shall apply to any such determination.
The owner of a building as to which the allowable floor area has been increased pursuant to this section shall be allowed to charge the operator of the child care facility for the following: the cost of utilities used by the child care facility, a reasonable building operating fee for the costs of maintenance, cleaning and security, and real estate taxes for the portion of the building which is the child care facility, if such facility is operated by a for-profit provider. The owner shall not impose a charge for the cost of alterations necessary to meet the requirements of the office for children regarding the physical facility of a day care center. Any person operating a child care facility in a portion of a structure which is to be used only for such purpose pursuant to the provisions of this section shall use best efforts to assure that at least fifty per cent of the children utilizing such facility are from families whose income is not more than one hundred and ten per cent of the median family income of the commonwealth.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title VII - Cities, Towns and Districts

Chapter 40a - Zoning

Section 1 - Title of Chapter

Section 1a - Definitions

Section 3 - Subjects Which Zoning May Not Regulate; Exemptions; Public Hearings; Temporary Manufactured Home Residences

Section 3a - Multi-Family Zoning As-of-Right in Mbta Communities

Section 4 - Uniform Districts

Section 5 - Adoption or Change of Zoning Ordinances or By-Laws; Procedure

Section 6 - Existing Structures, Uses, or Permits; Certain Subdivision Plans; Application of Chapter

Section 7 - Enforcement of Zoning Regulations; Violations; Penalties; Legally Nonconforming Structures; Notice of Action; Jurisdiction of Superior Court

Section 8 - Appeals to Permit Granting Authority

Section 9 - Special Permits

Section 9a - Special Permits for Adult Bookstores, Adult Motion Pictures Theaters, Adult Paraphernalia Stores, Adult Video Stores or Establishments Which Display Live Nudity

Section 9b - Solar Access

Section 9c - Child Care Facilities; Allowable Floor Area; Charges of Owner; Family Incomes

Section 10 - Variances

Section 11 - Notice Requirements for Public Hearings; Parties in Interest Defined; Review of Special Permit Petitions; Recording Copies of Special Permit and Variance Decisions

Section 12 - Boards of Appeal; Membership; Rules

Section 13 - Zoning Administrators; Appointment; Powers and Duties

Section 14 - Boards of Appeal; Powers

Section 15 - Appeals to Permit Granting Authority; Notice; Time; Boards of Appeal Hearings; Procedure

Section 16 - Final Unfavorable Decisions by Permit Granting Authorities; Reconsideration; Withdrawal of Petitions for Variance or Applications for Special Permit

Section 17 - Judicial Review