Lakeway updates home business ordinance, daycare owner still suing

The Lakeway City Council voted Monday night to clarify and streamline the city’s home business ordinance. Bianca King, who operates a home day care in the city, said the changes aren’t enough to drop her lawsuit because the ordinance is unfairly restrictive.

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

King is a single mother with experience in education and provides childcare for many local families. She opened her daycare after being laid off earlier due to 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 watch up to four children in addition to her own.

More:Lakeway resident is suing city to keep her home business open

With the new ordinance, the city refined the requirements to 10 and added a section specifically aimed at home daycares.

Some of the requirements remain the same, including that a home business cannot change the residential character of the lot and that the building’s business use will be secondary to its residential use.

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