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Bonney Lake council approves new options for unpermitted ADUs, including title-recorded 'no intent' option
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Summary
The Bonney Lake City Council on April 14 adopted AB 26-23, which adds standards for unpermitted accessory dwelling units (ADUs). The ordinance offers property owners options: pursue permitting, record a title covenant declaring no intent to use as an ADU, or alter the space to remove ADU features.
The Bonney Lake City Council on April 14 voted to adopt AB 26-23, an amendment to the city’s municipal code that establishes standards and processes for unpermitted accessory dwelling units (ADUs).
The ordinance, described to the council by staff, gives property owners several pathways when an ADU is discovered without permits: complete the full permitting process and bring the unit up to code; record a city-prepared title statement declaring the space is not intended to be used as an ADU; or remove features (kitchen, bath, sleeping area) that make the space a separate dwelling. Jason Sullivan, Public Services Director, said the city prepared a standard form with the city attorney so property owners “aren't having to hire a real estate attorney to write the form.”
Why it matters: the change is intended to provide a middle-ground option for owners of older or retrofitted spaces that were never permitted as ADUs. Staff explained that units that can be shown to have existed prior to 1997 or prior to annexation, or that have valid historical permits, would be treated differently under the code.
Council discussion focused on homeowner burden and intent. Councilmember Fullerton asked for clarity about where ADUs could be located and the practical risks; staff said options depend on whether an owner wants to use the space as an ADU or merely document that they did not intend it as such. As staff summarized: “If you can demonstrate that it existed prior to 1997, then you're totally fine because prior to 1997, we did require separate permits for ADUs.”
Councilmembers also discussed enforcement. Staff said code enforcement remains complaint-driven and the city would not proactively inspect every property; when a valid complaint and review of permit records shows no permit, the owner would be offered the available options. The ordinance retains flexibility so property owners are not forced into only two extremes (permit as ADU or full removal), and adds a recording option to give future purchasers and the assessor notice of intent.
The council voted to adopt AB 26-23. The meeting record indicates the motion was moved and seconded and the mayor announced the motion passed; the transcript does not include a detailed, named vote tally in the record.
Next steps: staff said they will provide the standard title-recording form and the municipal-code language as adopted; owners and interested residents can review finalized documents when published by the city.