Planning commission tables Freedom Fireworks LLC tent-based sales plan after safety and code concerns

The Village of Big Bend Planning Commission on an agenda meeting tabled consideration of Freedom Fireworks LLC’s request to operate seasonal retail fireworks sales from a temporary tent at South 63 West 24015 Townline Road (Tax Key BBV.2025990), citing unresolved fire-safety, accessibility and code-compliance issues.

Staff told commissioners the proposal is for a roughly 1.26-acre site in a B4 Highway Business District and that phase 1 would place a temporary tent of about 5,000 square feet on site, served by one storage container, gravel drive, porta-potties and roughly 41 parking spaces. The application proposes retail operations from Memorial Day through July 4 with some setup and cleanup time; the applicant described the move as a three-year, seasonal operation with a later permanent building planned.

Why this matters: Commissioners and public commenters said the case raises questions about public safety, inconsistent code language on temporary structures and how the village licenses fireworks retailers. If approved without clear conditions, the project could set a precedent for tent-based seasonal operations in commercial zones.

During public comment, Heather Siegel, founder and owner of American Fireworks, cited the village code and urged the commission to deny tent sales. She read the ordinance language aloud, saying: "Sales of fireworks may only occur from a permanent building that has been inspected and given approval by the village building inspector and the village fire chief. All permanent buildings which hold for the intent and later selling or utilized in the sale of fireworks shall be equipped with a fire sprinkler system, fire alarm, and any other fire safety equipment required by the village fire chief and the board." (Heather Siegel)

The village fire inspector, Bill, told commissioners that tents do not automatically require sprinkler systems but warned the panel to evaluate the "fire load" and emergency-vehicle access. Commissioners noted the site plan showed a single driveway with limited turnaround, questioned whether portable toilets would meet ADA requirements, and flagged that the village ordinance is ambiguous about whether a temporary structure used as a principal use should meet permanent-structure standards.

Applicant Dustin Hine said he is under contract to purchase the property and described a two-phase approach: operate seasonally in a tent for a limited period, then build a permanent, sprinklered building if the operation proceeds. "We are under contract to purchase that piece of property," Hine said. "We are looking tonight for approval and just our first phase of basically from the planning commission with hopes of having a discussion with the village board about allowing a second fireworks company to operate within their village." (Dustin Hine)

Commissioners pressed several technical points: whether the tent would be subject to building setbacks, how long the temporary use could be permitted (several commissioners cited typical temporary-use limits of 90–180 days), whether a single storage container could be treated as an accessory structure where no primary building exists, and whether permitting the tent would require the village board to change licensing policy. Staff reiterated that planning-commission approval of a site plan would not replace licensing or building-code approvals, which remain Board and building-inspector responsibilities.

Outcome and next steps: The commission voted to table the item so the applicant can provide clearer site plans (including circulation for emergency vehicles and ADA compliance), a landscaping plan and a more detailed parking layout. Commissioners also asked staff to coordinate with the building inspector and fire chief and to flag any licensing or ordinance language that would need board action. No formal approval was granted at the meeting; the item will return to the commission after the requested information is submitted.

The commission’s tabling preserves the village’s discretion to seek ordinance clarifications and to require technical revisions before a decision.