BZA backs Retreat at Whiskey Creek appeal

9:47 p.m. March 17, 2026

DUANE CROSS
MCO Publisher•Editor

The Moore County Board of Zoning Appeals on Tuesday approved an appeal for The Retreat at Whiskey Creek, clearing the way for a building permit on Lot 56 after the developer, Chip Hayes, contended the disputed porch area should not count the same as heated square footage under the county’s R3 zoning rules.

How To Count Square Footage?

The appeal centered on conflicting readings of the zoning ordinance and a basic question in residential construction: what counts as livable square footage.

In Tennessee, appraisers and professional measurers generally use the ANSI Z765-2021 standard to calculate square footage for single-family homes, especially since Fannie Mae required the standard for appraisals beginning in 2022. Under that standard, a finished living area generally means a space built for year-round use, with permanent heating and cooling, and with walls, floors, and ceilings comparable to the rest of the home. Open areas such as garages, unfinished attics, and other non-living spaces do not count.

That framework echoed the debate before the board. Chairman Keith Moses said one section of the county code counts porches and similar attachments as part of the principal structure for yard requirements, while a later R3 provision caps the size of a structure in that district at 799 square feet.

Board members said they believed the 2022 R3 language applied to heated square footage, not open porch area.

Lot Stayed Within Other Limits

Board members also said the Lot 56 plan met setback requirements and stayed below the ordinance’s 20% maximum lot coverage limit. During the discussion, they noted the lots measure about 7,000 square feet and said the proposed footprint remained under the maximum allowed coverage.

That distinction drove the appeal. Members focused on whether open porch space should count the same as an enclosed, conditioned living area when applying the district’s size cap.

Appeal Passes 4-1

The board approved the appeal on a 4-1 vote. Peggy Sue Blackburn, Josh Cook, Houston Lindsey, and Keith Moses voted in favor, while Patrick Maynard voted against.

Even with the approval, the board declined to extend its decision beyond Lot 56. Moses said the board’s action applied only to the denied permit for that lot. He said any similar permit denials could come back to the board one at a time while Planning and Zoning and the Metro Council work to clarify the ordinance language.

Board members noted that any zoning text amendment must still go through two readings before the council.

Developer Seeks Clarity

The discussion made clear that more appeals could follow. Madison Haynes, an attorney with the Bradley law firm in Nashville representing the developer, asked the board for more certainty. She said several other lots could face the same issue and said the project needs to know how the county will interpret the ordinance while any amendments move through the process.

Board members declined to issue a blanket interpretation and said they would hear future denied permits on a case-by-case basis.

Moses also disclosed that he visited the lot on Feb. 23 and that a nearby resident contacted him over the weekend to object to the board granting a variance. He said he wanted both contacts noted for the record.

Board Also Approves Medical-Hardship Exemption

The board unanimously approved a medical hardship exemption allowing Jessie and Tammy Baker to place a camper on their residential property as a temporary dwelling unit. Members discussed electricity, sewer service, and securing a 911 address for emergencies.

Moses said the permit will remain in effect for 18 months and can then be renewed every six months.