SANDPOINT — The Board of Bonner County Commissioners are slated to review an appeal next Tuesday for a conditional use permit to construct a communication tower in Priest River after it was denied by the county’s Zoning Commission on Feb. 12.   

The project was originally denied by the commission due to concerns over community design and land use. The decision was unanimous after the file was deemed to conflict with the Bonner County Revised Code and not adhere to setback requirements.   

Applicants, who are also appellants of the file, believe the decision violates the Telecommunication Act of 1996, BCRC and the Local Land Use Planning Act.   

They further indicate the Zoning Commission violated the applicant’s due process to a neutral hearing, in addition to stating claims that the commission ignored substantial evidence and that the denial exceeded the commissioner’s statutory authority and was an abuse of discretion, according to the notice of appeal that was filed April 3.   

“The Commission did not explain, and there is no substantial evidence in the record to demonstrate that the project would impact the surrounding area, nor was there any deliberation or substantial evidence in the record as to why the engineered zero-fall tower design was not an appropriate condition to prevent the use from impacting the surrounding area,” appellants said in the notice of appeal letter.   

The proposed cell tower would be located near Northgate Road in Priest River and would sit on a 5-acre parcel zoned Agriculture/Forest-10.   

Applicants and property owner North Flex LLC indicate the tower will be 190 feet tall and will include an equipment building and a 50-by-50-foot chain-link fence, according to the CUP application.