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Bonney Lake staff propose clearer pathway for legalizing unpermitted ADUs, including covenant option and meter rules
Summary
City staff presented an ordinance to clarify how owners can legalize accessory dwelling units (ADUs), including permitting, recording a restrictive covenant, and limited removal of fixtures; the proposal clarifies grandfathering for pre-1997 units and the circumstances when separate water meters and SDCs apply.
City staff on Feb. 17 presented an ordinance that would amend the Bonney Lake municipal code to clarify how owners may legalize unpermitted accessory dwelling units, city officials said.
The update, introduced to the Community Development Committee, would amend section 18.22.090.c to set out three formal paths: the permitting route; recording a restrictive covenant on title to recognize the space as an ADU without requiring immediate physical changes; and a targeted removal option that specifies what constitutes sufficient removal of kitchen or bathroom fixtures. "If we have some additional documentation that gets us to this was legally permitted, we're fine," said Lauren, the home service manager, urging documentation-based resolution for older units.
Why it matters: The change is intended to give property owners and staff clearer, consistent rules for handling ADUs, reduce unnecessary demolition or costly interior work, and resolve cases where records are incomplete. Under the proposal, units with clear, valid permits issued before Nov. 5, 1997, would be treated as lawful ADUs; units built before that date would not need additional proof.
Key provisions discussed at the meeting included a recording option that creates a title restriction to identify a space as an ADU and avoid some immediate physical alterations. "That does not necessarily require any physical removal of components in the space," the city attorney said in explaining the covenant path. Staff said recording at the county auditor currently costs roughly $350, and the city provides a notary by appointment to assist owners.
Water meters and SDCs: Council and staff discussed separate water-meter requirements. The proposal keeps the council'adopted rule that a unit converted into an ADU requires a separate meter in most cases. Staff said there is no automatic system development charge (SDC) waiver for new ADUs long-term, but the city can defer the $4,440 (approx.) water SDC for the first ADU until the property is sold in some circumstances; SDCs would apply if an owner converts a non-ADU space into an ADU.
Process and next steps: Staff said the measure will return to the planning commission for a public hearing and the planning commission's report will go back to full council. "From a process standpoint, you would go to CDC tonight for your input, and then it would go back to planning commission for the actual public hearing," Director Sullivan said. The committee provided input and did not move the item forward as final action; staff will prepare ordinance language and bring it back for additional council review before a public hearing.
The committee also discussed practical timelines and costs for bringing unpermitted work into compliance, and staff said they will include clearer guidance on the city website and in outreach materials ahead of any public hearing.
The committee did not vote on the ordinance at this meeting; the item will proceed through the planning commission public-hearing process and return to full council for final action.
