Moore County Planning Commission Moves to Clarify R3 Rules Amid Tiny-Home Development

Moore County Metro Planning and Zoning Commission raised questions about how the county measures square footage under its R3, High Density zoning as construction advances at the Retreat at Whiskey Creek, a tiny-home community being developed by Oakstone Land and Capital along Main Street in Lynchburg. The dispute reached a head after builders twice began construction without securing building permits, prompting county staff to issue stop-work directives and to deny a permit application on the grounds of how the ordinance defines maximum allowable square footage.

At the Commission’s March 3, 2026 meeting at the County Building, staff recounted the procedural missteps that led to the enforcement action: builders started work twice before a valid permit was in hand, county staff ordered work to stop, and a subsequent permit was denied because of differing interpretations of the R3 language. By the end of the meeting the developer had again stopped work and, as Commission Chair Dexter Golden reported, acknowledged a misunderstanding. The county did not assess late fees for the earlier permit attempt.

The numeric gap at the center of the dispute is stark. Commission reporting shows the R3 category sets a maximum allowed square footage of 799 square feet, while the unit under review measures roughly 1,100 to 1,200 square feet when porches and decks are included. The Commission’s disagreement focuses on whether porches and decks count toward the 799-square-foot limit and how the word "structure" in the ordinance should be read for tiny homes that include exterior living areas.

Planning Chair Dexter Golden emphasized the stakes beyond a single lot: “It’s just something we probably need to be clarified because there is seventy or eighty more homes coming in up there.” The R3 zoning was approved for the Retreat at Whiskey Creek nearly five years ago, and planning officials said they may need to "clean up" the ordinance language to ensure setback requirements are clear and consistently enforced as additional homes are built.

Community friction surfaced at the meeting as well. Neighbor Aurelia Swann told the Commission she believes Oakstone workers placed building materials on her property, that equipment encroached on what she described as a privately owned road, and that she called the sheriff to remove equipment. Swann asked the county to intervene to prevent future encroachment as the development progresses.

Commission members flagged a broader risk if the ordinance remains ambiguous: future builders could cite this case to justify larger homes under the current "structure" wording, creating inconsistent enforcement or legal exposure for the county. The developer is expected to seek interpretation or relief from the Board of Zoning Appeals, and planning officials say they will review the R3 wording and setback language, though no timeline for ordinance revision or BZA filings has been announced.