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Klamath Falls City Zoning Code

ARTICLE 21

DENSITY BONUS

§ 12.960 General.

At the request of a developer, a Density Bonus reducing the minimum lot size or increasing the total buildable area, or an off-street parking bonus reducing the off-street parking requirements, shall be granted subject to the requirements of Section 12.965. For purposes of this article, the total buildable area and the minimum lot size shall be determined by the provisions of Chapters 10 to 14.
(Ord. 17-10, 2017; Ord. 22-13, 2022)

§ 12.965 Criteria.

One or a combination of the following criteria must be met in order to receive a density bonus.
A. 
Residential/Commercial Mix. Where the developer provides a residential use in conjunction with a commercial use within a Neighborhood Commercial Zone, and such residential use represents not less than 30% of the total buildable area of the lot or parcel, the maximum floor area allowed within a single commercial use area may be no more than 7,500 square feet.
B. 
Low or Moderate Income Housing and Elderly Housing. When the developer provides housing subsidized under programs provided by the U.S. Department of Housing and Urban Development or the Oregon Department of Commerce for "low or moderate income families" or "elderly persons," as defined by such programs, and the subsidized housing represents not less than 30% of the total buildable area of the lot or parcel, the total buildable area of such lot or parcel may be increased by up to 25%. The developer shall provide written legal assurance, approved by the City Attorney, that the use of the structure shall remain available for low or moderate income families and elderly persons.
C. 
Elderly and Disabled Housing. When the developer provides housing to be used exclusively for "elderly persons" and persons with "disabilities," as defined by Federal or State housing programs, an increase of up to 30% of the total buildable area of the site may be granted provided that each dwelling unit does not exceed 750 square feet and provided the development is located within 1,500 feet of a grocery facility or other community facilities. The developer shall provide written legal assurance, approved by the City Attorney, that the use of the structure shall remain for elderly persons and persons with disabilities. The site shall be at least 20,000 square feet.
D. 
Special Features. A density bonus as described below may be granted for special features. The density bonus can be used to decease the minimum lot size or to increase the lot coverage. As much as six percentage points for each of the five features below may be awarded according to the following rating system:
1. 
For common open space, a one-percentage point decrease in lot size may be given for the creation of open space within the development. To qualify for the density bonus, the open space shall be least five percent of the total development and in one continuous block. One percentage point decreased up to six percent can be awarded for each open space created.
2. 
For preservation of natural features, percentage points may be given for lack of major alterations to sites with over 12% slopes according to the following standards: six points are awarded for minimal disturbance with no excavation other than for foundations, roads follow contours of land and no or very minor vegetation removal and grading. Three points are awarded for moderate disturbance. To qualify for moderate disturbance: road cuts shall be no deeper than four feet; retaining walls shall be no higher than four feet; and excavation for foundations and grading for placement of structures are allowed. No points are awarded for severe disturbance with extensive grading for roads and structures, extensive tree and ground cover removal over most of the site and placement of retaining walls for structures and roads.
3. 
Percentage points may be given for provisions of major recreational facilities not required by Chapters 10 to 14 according to the following standards: six points shall be given for a major facility such as tennis courts or swimming pools; three points shall be given for a small playground, tot lot or similar facility.
4. 
As many as six percentage points may be given for energy conservation features such as solar space or water heating devices, heat pumps and similar devices. In order to qualify for the density bonus, all dwelling units within the development shall have energy conservation.
5. 
As many as six percentage points may be given for multifamily developments where structural and design amenities are provided such as individual decks, courtyards or balconies, exterior design (such as peak roofs and natural wood siding), blending of structures with existing trees and topography, planned landscaping, covered parking, landscaped walkways and arrangement of dwellings and windows for privacy.
Criteria
Requirements
Receive
Residential/Commercial Mix
1. Residential & commercial uses in Neighborhood Commercial (NC) zone; and
2. The residential use shall not be less than 30% of total buildable area of lot or parcel.
The maximum floor area allowed in Neighborhood Commercial shall increase to 7,500 square feet.
Low or Moderate Income and Elderly Housing
1. Low or moderate income families or elderly people; and
2. The residential use shall not be less than 30% of total buildable area or lot or parcel.
The property is allowed 25% more buildable area.
Elderly and Disabled Housing
1. Elderly or disabled people;
2. Property is at least 20,000 square feet;
3. Each dwelling unit does not exceed 750 square feet; and
4. Property is located within 1,000 feet of commercial shopping.
The property is allowed 30% more buildable area.
Special Features
Density bonus of up to 30% may be granted.
The property is only allowed a maximum of 30% more buildable area.
a. Common Open Space
Provide 5% to 30% of property for common open space.
The property is allowed 1% more buildable area, with a maximum of 6% more buildable area.
b. Preservation of Natural Features
Only minimal disturbances; or
Only moderate disturbances
6% more buildable area
3% more buildable area
c. Provision of Recreation
Provide major recreation facility; or
Provide small recreation facility
6% more buildable area
3% more buildable area
d. Conservation of Energy
Use energy conservation features
6% more buildable area
e. Design Merit
Provide multifamily dwelling with unique design features
6% more buildable area
E. 
Off-Street Parking.
1. 
Within the area defined in subsection B, if a developer provides housing subsidized under programs provided by the U.S. Department of Housing and Urban Development or the Oregon Department of Commerce for "low or moderate income families" or "elderly persons" or "persons with disabilities," as defined by such programs, and the subsidized housing represents not less than 50% of the total buildable area of the lot or parcel, the developer need only provide 25% of the off-street parking requirement. Such bonus shall remain effective only upon continued compliance with the provisions of the applicable Federal or State program.
2. 
The off-street parking bonus may be granted within the boundaries depicted on the following map: Beginning at a point on the southwesterly line of Eleventh Street, said point being the northwesterly corner of Lot 8, Block 50, of Nichols Addition; thence southwesterly along first, the southeasterly line of Jefferson Street to this intersection with the northeasterly line of Ewauna Street also being the southwesterly corner of Lot 4, Block 11, of Ewauna Heights; thence southeasterly along the northeasterly line of Ewauna Street to this intersection with the southeasterly line of Main Street; thence easterly along the radii of the southerly line of Center Street to this intersection with the southeasterly line of Klamath Avenue; thence northeasterly along the southeasterly line of Klamath Avenue to its intersection with the northeasterly line of Fifth Street, also being the southwesterly corner of Lot 5, Block 75, Klamath Addition; thence southeasterly along the northeasterly line of Fifth Street, to its intersection with the northwesterly line of Willow Street, also being the southeasterly corner of Lot 6, Block 97, Klamath Addition; thence northeasterly along the northwesterly line of Willow Street, to its intersection with the southwesterly line of Seventh Street also being the northeasterly corner of Lot 10, Block 96, Klamath Addition; thence southeasterly along the northwesterly line of Seventh Street to its intersection with the westerly line of Commercial Street, also being Lot 10, Block 105, Klamath Addition; thence north along the westerly line of Commercial Street to intersection with the southwesterly line of Eleventh Street; thence northwesterly along the southwesterly line of Eleventh Street to the point of beginning.
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(Ord. 17-10, 2017; Ord. 22-13, 2022)