1. MEMORANDUM
To: Stephanie Schwenger
From: Ken Mullins & Emma Hewitt
Date: September 16, 2015
Re: Bellevue Land Use Codes Revisions
The City of Bellevue has experienced tremendous growth within the past several decades. With
this expansion comes an increased need for effective solid waste screening and storage
requirements. This report provides an overview of codes related to screening, solid waste
collection and outdoor storage area requirements within the City of Bellevue, and codes from
nearby cities, including Seattle, Olympia and Portland. We suggest that Bellevue emulate these
cities in the Downtown Livability Initiative to maintain the city’s beauty, cleanliness and
livability.
Screening Guidelines & Regulations
Screening helps mitigate unsightly processes, noises and odors associated with the storage and
collection of garbage, recycling, and compostable material. Currently, Bellevue only has
screening guidelines for produce stands, mechanical equipment and the Evergreen Highlands
Design District.
Bellevue Land Use Code
20.20.620: Produce stands. Garbage and recycling containers for temporary or permanent
produce stands must be site-screened and made of sound-muffling material such as molded
plastic.
20.25.525: Mechanical equipment. Exposed mechanical equipment should be visually screened
by a solid, non-reflective visual barrier that equals or exceeds the height of the mechanical
equipment.
20.25F.040: Site and design requirements. In the Evergreen Highlands Design District,
garbage and trash receptacle screening shall be of a material and design compatible with the
associated structure and shall be at least as high as the receptacle.
Seattle Municipal Code
23.50.016: Landscaping standards on designated streets. Outdoor storage areas must provide
view-obscuring screening along the street lot line unless the outdoor storage or outdoor activities
are located at least 15 feet above or below the elevation of the street lot line.
23.50.040: Industrial General - Screening and landscaping for specific uses. When a solid
waste transfer station is abutting or across the street from a lot in a commercial or residential
zone, screening is required pursuant to subsection 23.50.034B. This subsection states that view
obscuring screening may be either: a fence or wall six feet in height; or a landscape berm at least
five feet in height; or a hedge which would achieve a height of at least five feet within three
years of planting; or any combination of the features listed above which achieve a height of at
least five feet within three years of planting.

2. Olympia Municipal Code
8.033: Site Enclosure. Enclosures should be made of wood, concrete blocks, or chain link fence.
They require gates when containers are visible from the public right-of-way, and landscaping on
at least three sides of the enclosure. The floor of an enclosure must be kept clean and free of
grease, oil, and other trip or slip hazards.
Please see Appendix A for a comprehensive comparison among Bellevue, Seattle and Olympia’s
screening guidelines and regulations.
Solid Waste Collection & Outdoor Storage Area Requirements
Bellevue’s Land Use Code states that new multifamily and commercial development must
provide accessible, convenient and adequately sized recycling and solid waste collection areas.
However, there are no codes regarding solid waste collection areas for existing structures, with
the exception of rooming houses (boarding houses), or setback requirements.
Bellevue Land Use Code
20.20.700: Rooming houses. Rooming houses should provide appropriate provisions for trash,
recycling, and yard waste collection.
20.20.725: Recycling and solid waste collection areas. All new development for multifamily
housing exceeding four units, commercial, office, and manufacturing uses shall provide on-site
collection areas for recyclable materials and solid wastes, as those terms are used in Chapter 9.26
of Bellevue’s City Code (BCC), as follows:
• The recycling and solid waste collection areas shall be accessible to residents and/or
workers of the proposed development;
• There shall be at least one solid waste collection area provided in each development;
• There shall be one recycling collection area per 30 dwelling units in multifamily
complexes;
• If feasible, the recycling collection area shall be located adjacent to or near the solid
waste collection areas; and
• Each recycling and solid waste collection area shall be visually screened in accordance
with 20.25.525: Mechanical equipment. Please see above for mechanical equipment
screening guidelines.
Recycling collection areas shall be at least:
• One and one-half square feet per dwelling unit in multifamily developments exceeding
four units;
• Two square feet per 1,000 gross square feet in office developments;
• Five square feet per 1,000 gross square feet in retail development;
• Three square feet per 1,000 gross square feet in wholesale, warehouse and manufacturing
development; and
• The Director of the Development Services Department shall establish the square footage
requirement for all unspecified uses.
20.20.820: Solid waste disposal. In order to construct or modify a solid waste disposal facility,
an applicant must submit information demonstrating compliance with existing siting criteria and

3. an explanation for why alternative sites were not selected. The city may approve an application if
the disposal facility is completely contained within a building, a transportation plan is provided,
and measures are taken to control odor, pollution and pests.
Seattle Municipal Code
21.36.080: Placement of containers. Backyard collection containers should be placed by
occupants in a convenient, accessible location as near to the backyard or alleyway as possible.
Containers may not be placed in a sidewalk, planting strip, or alley until a reasonable time before
collection, and must be removed within a reasonable time after collection.
23.47A.014: Setback Requirements. Dumpsters and other trash receptacles, except for trash
compactors, located outside of structures are not permitted within ten feet of any lot line that
abuts a residential zone.
23.49.025: Odor, noise, light/glare, and solid waste recyclable materials storage space
standards. Businesses are required to vent fumes, dust, vapors, smoke, cinders and gas ten feet
above sidewalks and directed away from any other businesses within 50 feet of the vent.
Residents and businesses creating major noise and odor sources (including incinerating, film
burning and fiberglassing) are required to consult with the Puget Sound Clean Air Agency or an
acoustical consultant.
Olympia Municipal Code
8.032: Pad Size and Site Configuration. Sloped concrete pads are required under dumpsters
and drop boxes to provide drainage and easy passage for collection vehicles.
Portland Charter and Code
17.102.290: Storing Solid Waste, Recycling or Compostable Containers in the Right of Way
Prohibited. No person may store solid waste, recycling or compost containers within a right-of-
way for more than two hours before or after collection in the City of Portland. Fees may be
enforced for citizens who do not abide by this code.
Please see Appendix B for a comprehensive comparison among Bellevue, Seattle, Olympia and
Portland’s Solid Waste Collection & Outdoor Storage Area Requirements.

4. Appendix A: Screening Guidelines & Regulations
Jurisdiction Code Requirement
Bellevue 20.20.620: Produce
stands
Garbage and recycling containers for temporary or permanent
produce stands must be site-screened and made of sound-
muffling material such as molded plastic.
Bellevue 20.25.525:
Mechanical
equipment
Exposed mechanical equipment should be visually screened by a
solid, non-reflective visual barrier that equals or exceeds the
height of the mechanical equipment.
Bellevue 20.25F.040: Site
and design
requirements
Outdoor Storage:
A. The outdoor storage of materials, products or vehicles is
not permitted in the Evergreen Highlands Design District.
Outdoor storage of vehicles does not apply to accessory parking
areas or vehicles stored pursuant to the Land Use Code on
residential lots.
B. Garbage and trash receptacle screening shall be of a
material and design compatible with the associated structure and
shall be at least as high as the receptacle.
Seattle 23.50.016:
Landscaping
standards on
designated streets
A. Street Trees. Street trees are required along designated
street frontages. Street trees shall be provided in the planting
strip according to Seattle Department of Transportation Tree
Planting Standards.
B. Exceptions to Street Tree Requirements.
a. Street trees required by subsection A of this section may
be located on the lot at least two feet (2') from the street lot line
instead of in the planting strip when:
i. Existing trees and/or landscaping on the lot provide
improvements substantially equivalent to those required in this
section.
ii. It is not feasible to plant street trees according to City
standards. A five-foot (5') deep landscaped setback area shall be
required along the street property lines and trees shall be planted
there. If an on-site landscaped area is already required, the trees
shall be planted there if they cannot be placed in the planting
strip.
iii. Continuity of landscaping on adjacent properties along
the street front is desirable.
b. Street trees shall not be required for an expansion of less
than two thousand five hundred (2,500) square feet. Two (2)
street trees shall be required for each additional one thousand

5. (1,000) square feet of expansion. The maximum number of street
trees shall be controlled by Seattle Department of Transportation
standard. Rounding, per Section 23.86.002 B, shall not be
permitted.
c. Street trees shall not be required when a change of use is
the only permit requested.
d. Street trees shall not be required for an expansion of a
surface parking area of less than twenty percent (20%) of parking
area or number of parking spaces.
C. Screening. All outdoor storage areas used for storage for
recyclable materials, and outdoor manufacturing, repairing,
refuse compacting or recycling activities, shall provide view-
obscuring screening along street lot lines unless the outdoor
storage or outdoor activities are located at least 15 feet above or
below the elevation of the street lot line. If other provisions
applicable to the lot require more extensive landscaping or
screening provisions, the more extensive provisions apply.
Seattle 23.50.040:
Industrial General -
Screening and
landscaping for
specific uses
Solid waste transfer stations.
• All solid waste transfer stations shall provide landscaping
meeting a minimum Green Factor score of 0.40, pursuant to
Section 23.86.019. If the transfer station is part of a
development located on separate parcels within 200 feet of
each other, Green Factor scoring may be calculated for the
multiple parcels considered as a whole. If the parcels are in
zones having different Green Factor minimum scores, the
development considered as a whole shall meet the highest
applicable, minimum Green Factor score.
• When a solid waste transfer station is abutting or across the
street from a lot in a commercial or residential zone,
screening is required pursuant to subsection 23.50.034.B.
Fences or free-standing walls associated with utility services uses
may obstruct or allow views to the interior of a site. Where site
dimensions and site conditions allow, applicants are encouraged
to provide both a landscaped setback between the fence or wall
and the right-of-way, and a fence or wall that provides visual
interest facing the street lot line, through the height, design or
construction of the fence or wall, including the use of materials,
architectural detailing, artwork, vegetated trellises, decorative
fencing, or similar features. If abutting or across the street from a
lot in a residential, commercial, or downtown zone, fences or
free-standing walls for a utility services use must provide either:
• A 5-foot-deep landscaped area between the wall or fence
and the street lot line; or
• Architectural detailing, artwork, vegetated trellises,
decorative fencing, or similar features to provide visual
interest facing the street lot line, as approved by the
Director.

6. Olympia
8.033: Site
Enclosure
Site enclosure requirements will be determined on a case-by-case
basis, taking into account the planned collection site and
surrounding environment.
If the site enclosure is required, it will meet the following:
A. Refuse site enclosure will be made of wood, concrete
blocks, or chain link fence with horizontal or vertical blinds or
other approved material.
B. Enclosures shall be designed with at least 50 percent of
their volumetric capacity designated to recycling/diversion. As
an alternative, separate enclosures could be constructed for each
waste stream.
C. Gates are only required where the waste receptacle will
be visible from a public right-of-way.
D. Refuse site enclosure will require both landscaping and
wall or fence at least 6 feet in height on three sides of the refuse
site.
E. Minimum available clear width of the gate opening will
be 12 feet.
F. Refuse/recycling site enclosure gates shall have
locks/stops (J hooks) in both the open and closed positions. J-
hook stops must attach to the ground to hold gate in fully opened
position to prevent truck and/or gate damage.
G. Refuse site enclosure gate hinges will be located on the
outside exterior walls. Gates will swing out a minimum of
110×from the closed position, so that the collection vehicle does
not scrape mirrors or cause damage to the enclosure or truck.
H. Gate bollards shall be used where opened gates might hit
parked cars, or cause other property damage.
I. 8-inch wide by 2-inch thick dumpster bumpers will be
anchored on the pad immediately adjacent to all three inside
walls of the enclosure to prevent the dumpster from contacting
the walls.
J. Refuse site enclosures are to remain free of all other
materials that would interfere with the collection or collection
vehicle while providing service. Floor will be kept clean and free
of grease, oil, and other trip or slip hazards. Dumpster will not be
serviced until such situation is remedied.
K. Enclosure shall be located and configured such that the
Waste Resources/recycling collection vehicle can approach,
dump and replace the container with NO MANUAL
MANEUVERING of the container by the driver.
L. City of Olympia Waste Resources will provide a lock to
ensure City access to enclosures.

7. Appendix B: Solid Waste Collection & Outdoor Storage Area Requirements
Jurisdiction Code Requirement
Bellevue 20.20.725: Recycling
and solid waste
collection areas
All new development for multifamily housing exceeding
four units, commercial, office, and manufacturing uses shall
provide on-site collection areas for recyclable materials and
solid wastes, as those terms are used in Chapter 9.26 of
Bellevue’s City Code (BCC), as follows:
• The recycling and solid waste collection areas shall
be accessible to residents and/or workers of the
proposed development;
• There shall be at least one solid waste collection
area provided in each development;
• There shall be one recycling collection area per 30
dwelling units in multifamily complexes;
• If feasible, the recycling collection area shall be
located adjacent to or near the solid waste collection
areas; and
• Each recycling and solid waste collection area shall
be visually screened in accordance with 20.25.525:
Mechanical equipment.
Recycling collection areas shall be at least:
• One and one-half square feet per dwelling unit in
multifamily developments exceeding four units;
• Two square feet per 1,000 gross square feet in office
developments;
• Five square feet per 1,000 gross square feet in retail
development;
• Three square feet per 1,000 gross square feet in
wholesale, warehouse and manufacturing
development; and
• The Director of the Development Services
Department shall establish the square footage
requirement for all unspecified uses.
Seattle 21.36.080: Placement
of containers
A. All containers for backyard collection shall be
placed by the occupant in a convenient, accessible location
as near as practicable to the approximate rear of the building

8. or near the alley, upon the ground level or ground floor, or in
a sturdy rack not over fourteen (14) inches above such level
or floor, except that sunken cans may be below the ground
level. Where no other suitable area is available, containers
may be placed at a location selected by the customer and the
Director of Seattle Public Utilities. Containers for
curbside/alley collection shall be placed as follows:
a. From properties with level planting strips, in the
planting strip or driveway within one (1) yard of the curb;
b. From properties with alleys of sufficient width, in
the alley or within one (1) yard of the alley gate if the gate is
within one (1) yard of the alley;
c. From properties with sidewalks but not planting
strips, on the owner's property, within one (1) yard of the
sidewalk, if level;
d. When the foregoing location slopes at a grade
making placement of a container difficult, the nearest
reasonable level area; and
e. If the premises has no sidewalk or planting strip,
dense shrubbery or extraordinary circumstances preclude
such a location, from a placement suitable to the customer
and convenient to the collection contractor.
B. Containers shall not be placed on the sidewalk or in
the planting strip or the alley for collection until a reasonable
time prior to collection. Containers shall be removed within
a reasonable time thereafter.
C. Detachable containers may be stored within a
building but shall be readily accessible for servicing without
unnecessary delay or special collection equipment.
Seattle 23.47A.014: Setback
Requirements
A. Definition. For the purposes of this Section
23.47A.014, "portions of structures" include those features
listed in subsection 23.47A.012.C, Rooftop features.
B. Setback requirements for lots abutting or across the alley
from residential zones.
1. A setback is required where a lot abuts the
intersection of a side lot line and front lot line of a
lot in a residential zone. The required setback forms
a triangular area. Two sides of the triangle extend
along the street lot line and side lot line 15 feet from

9. the intersection of the residentially zoned lot's front
lot line and the side lot line abutting the residentially
zoned lot. The third side connects these two sides
with a diagonal line across the commercially-zoned
lot (Exhibit A for 23.47A.014).
2. A setback is required along any rear or side lot line
that abuts a lot in a residential zone, as follows:
a. Ten feet for portions of structures above 13 feet in
height to a maximum of 65 feet; and
b. For each portion of a structure above 65 feet in
height, additional setback at the rate of 1 foot of setback for
every 10 feet by which the height of such portion exceeds 65
feet.
3. For a structure containing a residential use, a setback
is required along any side or rear lot line that abuts a
lot in a residential zone or that is across an alley
from a lot in a residential zone, as follows:
. Fifteen feet for portions of structures above 13 feet
in height to a maximum of 40 feet; and
a. For each portion of a structure above 40 feet in
height, additional setback at the rate of 2 feet of setback for
every 10 feet by which the height of such portion exceeds 40
feet
4. One-half of the width of an abutting alley may be
counted as part of the required setback. For the
purpose of this Section, 23.47A.014, the alley width
and the location of the rear lot line shall be
determined prior to any dedication that may be
required for alley improvement purposes.
5. No entrance, window, or other opening is permitted
closer than 5 feet to an abutting residentially-zoned
lot.
C. A minimum five (5) foot landscaped setback may be
required under certain conditions and for certain uses
according to Section 23.47A.016, Screening and landscaping
standards.
D. Mobile Home Parks. A minimum five (5) foot setback is
required along all street lot lines of a mobile home park. The
setback must be landscaped according to the provisions of
Section 23.47A.016 D2.

10. E. Structures in Required Setbacks.
1. Decks and balconies.
a. Decks with open railings may extend into the
required setback, but are not permitted within five (5) feet of
a lot in a residential zone, except as provided in subsection
E1b.
b. Decks that are accessory to residential uses and are
no more than eighteen (18) inches above existing or finished
grade, whichever is lower, are permitted within five (5) feet
of a lot in a residential zone.
2. Eaves, cornices and gutters projecting no more than
eighteen (18) inches from the structure facade are
permitted in required setbacks.
3. Ramps or other devices necessary for access for the
disabled and elderly, which meet Seattle Building
Code, Chapter 11, are permitted in required
setbacks.
4. Uncovered, unenclosed pedestrian bridges,
necessary for access and less than five (5) feet in
width, are permitted in required setbacks.
5. Fences, bulkheads, freestanding walls and other
similar structures.
. Fences, freestanding walls and other similar
structures six (6) feet or less in height above existing or
finished grade, whichever is lower, are permitted in required
setbacks. The six (6) foot height may be averaged along
sloping grade for each six (6) foot long segment of the fence,
but in no case may any portion of the fence exceed eight (8)
feet.
a. Bulkheads and retaining walls used to raise grade
may be placed in any required setback when limited to six
(6) feet in height, measured above existing grade. A
guardrail no higher than forty-two (42) inches may be placed
on top of a bulkhead or retaining wall existing as of the date
of the ordinance codified in this section. If a fence is placed
on top of a new bulkhead or retaining wall, the maximum
combined height is limited to nine and one-half (9 ½) feet.
b. Bulkheads and retaining walls used to protect a cut
into existing grade may not exceed the minimum height
necessary to support the cut or six (6) feet, whichever is

11. greater. When the bulkhead is measured from the low side
and it exceeds six (6) feet, an open guardrail of no more than
forty-two (42) inches meeting Building Code requirements
may be placed on top of the bulkhead or retaining wall. A
fence must be setback a minimum of three (3) feet from such
a bulkhead or retaining wall.
6. Setback requirements do not limit underground
structures.
7. Detached solar collectors are permitted in required
setbacks. Such collectors may be no closer than five
(5) feet to any other principal or accessory structure,
and no closer than three (3) feet to any lot line that
abuts a residentially zoned lot.
8. Dumpsters and other trash receptacles, except for
trash compactors, located outside of structures are
not permitted within ten (10) feet of any lot line that
abuts a residential zone and must be screened per the
provisions of Section 23.47A.016.
F. Setback requirement for loading adjacent to an alley.
Where access to a loading berth is from the alley, and truck
loading is parallel to the alley, a setback of 12 feet is
required for the loading berth, measured from the centerline
of the alley (Exhibit D for 23.47A.014. This setback must be
maintained up to a height of 12 feet.
G. A setback may be required in order to meet the provisions
of Section 23.53.015, Improvement requirements for
existing streets in residential and commercial zones, and
Section 23.53.030, Alley improvements in all zones.
Seattle 23.49.025 - Odor,
noise, light/glare, and
solid waste recyclable
materials storage space
standards
A. The venting of odors, fumes, vapors, smoke,
cinders, dust, and gas shall be at least 10 feet above finished
sidewalk grade, and directed away from residential uses
within 50 feet of the vent.
a. Major odor sources: Uses that employ the following
odor-emitting processes or activities are considered major
odor sources: lithographic, rotogravure or flexographic
printing, film burning; fiberglassing, selling of gasoline
and/or storage of gasoline in tanks larger than 260 gallons,
handling of heated tars and asphalts, incinerating
(commercial), metal plating, use of boilers (greater than 106
British thermal units per hour, 10,000 pounds steam per

12. hour, or 30 boiler horsepower) and other uses creating
similar odor impacts.
b. Uses that employ the following processes are
considered major odor sources, unless the entire activity is
conducted as part of a commercial use other than food
processing or heavy commercial services: cooking of grains;
smoking of food or food products; fish or fishmeal
processing; coffee or nut roasting; deep fat frying; dry
cleaning; and other uses creating similar odor impacts.
c. Review of Major Odor Sources. When an
application is made for a use which is a major odor source,
the Director, in consultation with the Puget Sound Clean Air
Agency (PSCAA), shall determine the appropriate measures
to be taken by the applicant in order to significantly reduce
potential odor emissions and airborne pollutants. The
measures to be taken shall be specified on plans submitted to
the Director, and may be required as conditions for the
issuance of any permit. After a permit has been issued, any
measures that were required by the permit shall be
maintained.
B. Noise standards.
. All food processing for human consumption, custom
and craft work involving the use of mechanical equipment,
and light manufacturing activities shall be conducted wholly
within an enclosed structure.
a. The following uses or devices are considered major
noise generators: light manufacturing uses, auto body, boat
and aircraft repair shops and other similar uses.
b. When a major noise generator is proposed, a report
from an acoustical consultant shall be required to describe
the measures to be taken by the applicant in order to meet
noise standards for the area. Such measures may include, for
example, the provision of buffers, reduction in hours of
operation, relocation of mechanical equipment, increased
setbacks, and use of specified construction techniques or
building materials. Measures to be taken shall be specified
on the plans. After a permit has been issued, any measures
that are required by the permit to limit noise shall be
maintained.
C. Lighting and glare.

13. . Exterior lighting shall be shielded and directed away
from adjacent uses.
a. Interior lighting in parking garages shall be shielded,
to minimize nighttime glare affecting nearby uses.
D. The standards of Section 23.54.040 for solid waste
and recyclable materials storage space shall be met.
Olympia 8.032: Pad Size and
Site Configuration
If dumpsters or drop boxes with compactors are selected,
concrete pads will be constructed with 4-inch-thick, Class
3000 cement. The sizes of the concrete pads for enclosures
can be found in Table 2. The pad sizes for the privately
owned compactors will be evaluated on a case-by-case basis.
Refuse/recycling sites and pads will be sloped to provide
positive drainage. The slope will not exceed 0.005 ft/ft
(1/16-inch per foot) in any direction. The site and pad
drainage slope will provide easy passage by collection
vehicles and crews.
Portland 17.102.290 Storing
Solid Waste, Recycling
or Compostable
Containers in the Right
of Way Prohibited.
A. No person may store, or cause to be stored,
containers of solid waste, recycling or compostables in
public right-of-way without a permit from the City Engineer,
the City Traffic Engineer, or the Bureau of Planning and
Sustainability. For the purposes of this Section, storage
means leaving containers in the right of way for more than 2
hours either before or after collection during normal
business hours. If collection occurs after normal business
hours, containers may be placed in the right of way at the
close of business but must be removed from the right of way
by the start of the following business day or within 24 hours
of set out, whichever occurs first.
B. The Director may provide exemptions from
Subsection A. for extreme economic hardship. Criteria for
eligibility shall be based upon such factors as financial
hardship for the property or business owner, conditions
related to the property and resources necessary to provide
adequate on-site, interior storage space for garbage and
recycling containers. Exempted property shall be subject to
the requirements of this Section following the termination of
the hardship exemption. Exemptions shall be for no more
than two years. Exemptions may be renewed upon
reapplication by the property owner or business owner, after
a re-evaluation of eligibility by the Director. Exemptions
shall be personal to the property or business owner, and shall

14. not be assignable, transferable or otherwise be
conveyable. Exempted property shall be subject to the
requirements of Subsection A. following expiration of any
hardship exemption granted by the Director.
C. The Director shall develop administrative rules and
procedures for determining extreme economic hardships
under Subsection B., using the process under Section
17.102.030. The Director shall also adopt standards for
space requirements for storage of containers of solid waste,
recycling or compostables in new construction and when
major alterations are made to existing buildings.
D. The Bureau of Planning and Sustainability may
charge fees to business and property owners who apply for
an extreme economic hardship exemption to recover costs of
administering the exemption program. All fees are stated in
the Fee Schedule adopted by City Council. Fees will be
updated on an as needed basis. The approved Fee Schedule
is available through the Bureau of Planning and
Sustainability.
E. Denial of a request for exemption for extreme
economic hardship may be appealed to the Code Hearings
Officer in accordance with procedures set for in Chapter
22.10.
a. Any person requesting an appeal to the Code
Hearings Office may be assessed a fee of up to $500 at the
time of their application. Failure to submit full payment of
appeal fee within the time allowed to request an appeal
hearing shall result in the denial of the request for an appeal
hearing.
b. If the Code Hearings Officer decides in favor of the
appellant at the Code Hearing, the submitted appeal fee shall
be refunded in full to the appellant.