By Tabitha Evans Moore
Editor & Publisher
LYNCHBURG, Tenn. — It’s been nearly five years since local officials approved a special zoning category, R3—High Density Zoning, for the Retreat at Whiskey Creek tiny home community currently being developed by Oakstone Land and Capital along Main Street in Lynchburg. Now that home construction is ramping up, the Metro Planning and Zoning Commission says they may need to “clean up” the language of the ordinance to ensure setback requirements are met going forward.
According to planning officials, a recently constructed home in the development measured roughly 1,100 to 1,200 square feet in total footprint, exceeding the 799-square-foot maximum outlined in the county’s R-3 zoning ordinance for tiny homes. However, this measurement included both living space and external decking and porches.
Traditionally, heated and cooled living space, not total footprint — are the measurement commonly used by real estate professionals and tax assessors. On this point, Planning Commission officials agree. However, their concern revolves mainly around tiny homes meeting established setback requirements.
Setback requirements are particularly important in the tiny homes development because the houses are intentionally small and located relatively close together. Planning officials said measuring the full structure footprint — including porches and decks — helps ensure that homes remain within required distances from neighboring lots, roads and utilities. Without clear language, a home could technically meet the square-footage limit for heated living space while extending porches or other structures into setback areas, potentially placing buildings closer together than intended and creating safety, drainage or access issues in the tightly planned community.
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Unintended gray area
The current ordinance language refers to the size of the “structure,” rather than specifically defining heated and cooled living space. Planning officials said that wording creates a gray area that could make enforcement difficult if other homes in the development exceed the intended size limits. Officials said clearer language could help prevent future disputes as the development continues to build out additional homes.
Planning officials emphasized that the issue is not limited to a single home, noting that dozens of additional houses could eventually be built in the community and consistent rules will be important moving forward.
“It’s just something we probably need to be clarified because there is seventy or eighty more homes coming in up there,” Planning Chair Dexter Golden stated.
Commission members also addressed construction activity that began before permits were issued for two homes in the development. Officials said the developer believed a foundation was required before obtaining a 911 address and that addresses were required to obtain a building permit, but clarified that building permits must be secured before construction begins including foundations. The developer later obtained the appropriate permit and stopped work on the second structure after being notified of the violation.
The developer is expected to bring the issue before the Board of Zoning Appeals (BZA), which can consider requests for relief or interpretation of the ordinance as written. In the meantime, planning officials said they plan to review the wording of the county’s R3 ordinance to clarify how square footage should be measured and ensure setback requirements are consistently enforced as additional homes are built in the development.•
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