Lakeway updates home business ordinance, daycare owner is still suing

The Lakeway City Council voted Monday night to clarify and simplify the city’s home-based business ordinance. Bianca King, who operates a family daycare center in the city, said the changes aren’t enough for her to drop her lawsuit because the ordinance is unfairly restrictive.

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

King is a single mother with a background in education who provides childcare to several local families. She opened her daycare after she was laid off early in the pandemic and is now her main source of income. King registered her business as a child care service with the Texas Health and Human Services Commission in January 2021 and is allowed to care for up to four children in addition to her own.

Plus:Lakeway resident sues city to keep his home daycare business open

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

Several of the requirements remain the same, including that a home-based business cannot change the residential character of the lot and that the use of the building as a business will be secondary to its use as a home.

Leave a Comment