Benton County, OR Zoning Overlays & Bonuses: Density Bonus Law (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.
(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?
Is the 25% PUD density bonus automatic?
Can PUD lots in Benton County be smaller than the normal minimum lot size?
Does the PUD density bonus apply inside the Corvallis urban growth boundary?
Sources & Official References
Other rules in Benton County
Compare Benton County to another location·View the Oregon zoning overlays & bonuses overview
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