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Benton County, OR Zoning Overlays & Bonuses: Density Bonus Law (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Base rule
PUD lots may be smaller than the zone minimum
Density cap without bonus
Overall density limited to the zone's minimum lot size
Bonus amount
Up to 25% above the zone's minimum lot size
Bonus trigger
Functional common area (e.g., a park) or design/amenities
Approval body
Planning Commission, via public hearing (BCC 98.305)
Governing section
Benton County Code § 98.105

Summary

Benton County's Planned Unit Development chapter lets a project cluster smaller parcels or lots than the base zone's minimum size as long as the PUD's overall density stays at or under what that minimum would allow, and BCC § 98.105 then lets the overall density go up to 25% higher where the PUD sets aside a functional common area, like a park, or its design and amenities justify the increase.

These county ordinances apply to unincorporated areas of Benton County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(1)Parcels or lots smaller than the minimum parcel or lot size may be allowed in a PUD where open space and clustering of parcels or lots are proposed such that the overall density of the PUD is maintained at or less than the level allowed by the minimum parcel or lot size.(2)The overall density of the PUD may be increased up to 25% beyond that allowed by the minimum parcel or lot size where the proposed PUD contains areas allocated for a functional common area, such as a park, or the increase in density is warranted by the design and amenities incorporated in the proposed PUD.

Full Breakdown

BCC Chapter 98 governs Planned Unit Developments outside the Corvallis urban growth boundary; PUDs inside that boundary go through Chapter 100 instead, and PUDs in the Rural Residential zone must also comply with BCC 63.305(3). Section 98.105(1) lets a PUD cluster individual parcels or lots smaller than the zone's minimum size, provided the project's overall density, averaged across the site, does not exceed what the minimum lot size would otherwise allow; the tradeoff is typically open space set aside elsewhere on the property.

Section 98.105(2) is the bonus itself: overall PUD density can be increased up to 25% above what the zone's minimum parcel or lot size would allow, but only where the project includes a functional common area, such as a park, or where the proposed design and amenities otherwise warrant the increase. This is a discretionary allowance decided during the Planning Commission's public hearing on the PUD application under BCC 98.305, not an automatic right; the applicant has to show the common-area or design justification as part of that review. A PUD application seeking the bonus still must satisfy the rest of Chapter 98, including submitting a PUD map showing proposed building types and density and proposed open-space areas under BCC 98.215(1)(d)-(e), and remains subject to the underlying zone's other Development Code standards except where a specific PUD provision allows a variation.

Violations & Fines

Development that exceeds the approved PUD density, including one relying on the 25% bonus without Planning Commission approval, is treated as nonconforming development and a Development Code violation under BCC 98.315. Benton County can then pursue the Chapter 31 enforcement track, from a written notice of violation through a stop-work order, with a civil fine of $500 per violation or $1,000 for a continuing violation under BCC 31.125(3).

Frequently Asked Questions

Does Benton County offer a density bonus for Planned Unit Developments?
Yes. BCC § 98.105(2) allows an overall PUD density up to 25% higher than the zone's minimum parcel or lot size would otherwise allow, where the project includes a functional common area such as a park or its design and amenities justify the increase.
Is the 25% PUD density bonus automatic?
No. It is granted through the Planning Commission's public hearing review of the PUD application under BCC 98.305, and the applicant has to demonstrate the functional common area or design justification required by BCC § 98.105(2) before the extra density is approved.
Can PUD lots in Benton County be smaller than the normal minimum lot size?
Yes. BCC § 98.105(1) allows parcels or lots smaller than the zone's minimum size within a PUD, as long as the project's overall density, once open space and clustering are factored in, stays at or below the level the minimum lot size would otherwise produce.
Does the PUD density bonus apply inside the Corvallis urban growth boundary?
No. BCC Chapter 98 states that PUDs within the City of Corvallis urban growth boundary are reviewed under the separate Planned Unit Development standards in BCC Chapter 100, and PUDs in the Rural Residential zone must also comply with BCC 63.305(3).

Sources & Official References

Other rules in Benton County

All Benton County rules

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