Lakeway updates home business ordinance, daycare owner still suing

The Lakeway City Council voted Monday night to clarify and streamline the city’s home-based business ordinance. Bianca King, who runs a home daycare in the city, said the changes aren’t enough to drop her case that the ordinance is unfairly restrictive.

King sued the city in March after she was denied a permit to continue operating a small daycare business out of her home. The Zoning and Planning Commission denied King’s permit application in November, arguing that the daycare did not meet all 19 of the city’s criteria for a legal home-based business. At the time, King’s attorneys argued that Lakeway’s home business ordinance was unreasonably strict to the point of violating the state constitution.

King is a single mother with a background in education who provides childcare for several local families. She opened her day care after being laid off earlier during the pandemic, and it is now her main source of income. King registered her business as a babysitting service with the Texas Health and Human Services Commission in January 2021 and is allowed to babysit up to four children in addition to her own.

More ▼:A Lakeway resident is suing the city to keep her home daycare business

With the new ordinance, the city streamlined the requirements down to 10 and added a section that specifically addresses home day care.

A number of requirements remain the same, including that the business in the home cannot change the residential character of the lot and that the business use of the building will be secondary to its home use.

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