Land Use & Zoning
A Massachusetts property owner wants to open a childcare center in a residentially-zoned area. Under the Zoning Act (Chapter 40A), family childcare homes:
AAre prohibited in all residential zones
BAre allowed by right in residential zones by state law, regardless of local zoning✓ Correct
CRequire a special permit from the ZBA
DCan only be allowed in commercial zones
Explanation
Massachusetts Chapter 40A provides that family daycare homes (childcare for up to 6 children in a home setting) must be permitted by right in all residential districts, overriding local zoning that might otherwise prohibit them.
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