What you currently appear to have is a building with an accessory structure.
Does or will the the converted structure have its own electric meter and service panel? water meter?
Will the apartments be up and down or side by side on the second floor?
2015 MRC
[RB] BUILDING. Building shall mean any one- and two-family dwelling or portion thereof,
including townhouses,
that is used, or designed or intended to be used for human habitation, for living, sleeping, cooking or eating purposes,
or any combination thereof, and shall include
accessory structures thereto.
ACCESSORY STRUCTURE. A structure not over two stories
in height, the use of which is customarily accessory to and
incidental to that of the dwelling(s) and which is located on the
same lot.
(This definition was added in the 2006 IRC and modified in the 2015 IRC.
It appears that this was lost in publication due to an editing error on the part of ICC.)
I don't see how the AHJ can construe this to be one building. Maybe you need to split the lot (with appropriate easements)
.
Start with an appeal to the Constructio
n Board of Appeals.
Michigan law
Act 230 of 1972
125.1511 Building permit; examination and approval of application; issuance; changes in plans; commencement of construction; compliance with application; suspension, revocation, or cancellation.
Sec. 11.
(1) The enforcing agency shall examine an application for a building permit. If the application conforms to this act, the code and the requirements of other applicable laws and ordinances, the enforcing agency shall approve the application and issue a building permit to the applicant. An application shall be granted, in whole or in part, or denied within 10 business days, except that in case of an unusually complicated building or structure, action shall be taken within 15 business days. Failure by an enforcing agency to grant, in whole or in part, or deny an application within these periods of time shall be deemed a denial of the application for purposes of authorizing the institution of an appeal to the appropriate board of appeals. The enforcing agency shall approve changes in plans and specifications previously approved by it, if the changes require approval and if the plans and specifications when so changed remain in conformity with law. Except as otherwise provided in this act or the code, the construction or alteration of a building or structure shall not be commenced until a building permit has been issued. The construction of a building or structure shall comply with the approved application for a building permit, and the enforcing agency shall insure such compliance in the manner provided in section 12 and in any other way it deems appropriate.
(2) The enforcing agency may suspend, revoke or cancel a building permit in case of failure or neglect to comply with the provisions of this act or the code, or upon a finding by it that a false statement or representation has been made in the application for the building permit.
125.1514 Construction board of appeals; creation; appointment, qualifications, and terms of members; appeal to board; hearing; decision; statement of reasons for decision; appeal to commission; copy of decision; additional powers or duties; procedures; conducting business at public meeting; notice; availability of certain writings to public.
Sec. 14.
(1) A construction board of appeals for each governmental subdivision enforcing the code shall be created consisting of not less than 3 nor more than 7 members, as determined by the governing body of the governmental subdivision. Unless otherwise provided by local law or ordinance, the members of the board of appeals shall be appointed for 2-year terms by the chief executive officer of a city, village, or township and the chairperson of the county board of commissioners of a county. A member of the board of appeals shall be qualified by experience or training to perform the duties of members of the board of appeals. A person may serve on the board of appeals of more than 1 governmental subdivision. If an enforcing agency refuses to grant an application for a building permit, or if the enforcing agency makes any other decision pursuant or related to this act, or the code, an interested person, or the person's authorized agent, may appeal in writing to the board of appeals. The board of appeals shall hear the appeal and render and file its decision with a statement of reasons for the decision with the enforcing agency from whom the appeal was taken not more than 30 days after submission of the appeal. Failure by the board of appeals to hear an appeal and file a decision within the time limit is a denial of the appeal for purposes of authorizing the institution of an appeal to the commission. A copy of the decision and statement of the reasons for the decision shall be delivered or mailed, before filing, to the party taking the appeal.
125.1518 Filing claim of appeal or petition to review.
Sec. 18.
An appeal pursuant to Act No. 306 of the Public Acts of 1969, as amended, from a decision of the commission or a board, following an appeal from a decision of a board of appeals or enforcing agency shall be made by a claim of appeal filed with the court of appeals. An appeal pursuant to that act from any other decision of the commission or of a board shall be by petition to review filed with the Ingham county circuit court.
LARA Administrative Rules
Construction-Part 5
R 408.30514 Means of appeal.
Rule 514. Sections R112.1 and R112.3 of the code are amended to read as follows:
R112.1 Means of appeal. An interested person has the right to appeal a decision of the enforcing agency to the board of appeals in accordance with the act. An application for appeal shall be based on a claim that the true intent of the code or the rules governing construction have been incorrectly interpreted, the provisions of the code do not apply, or an equal or better form of construction is proposed. The decision of a local board of appeals may be appealed to the construction code commission in accordance with the act and time frames.
Exception: Requests for barrier free design exception shall be in accordance with
1966 PA 1, MCL 125.1351 to 125.1356.