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Change of Use / Certificate of Occupancy in Tombstone, Arizona

Tombstone regulates a change of use through its Certificate of Occupancy requirement rather than through a separately named 'change of use permit.' Tombstone City Code Section 10-17-3(A) provides that 'no land or building shall be occupied or used, and no building shall be constructed, reconstructed, altered, repaired, used, located or changed in use until a temporary certificate of occupancy shall have been issued by the building inspector,' and that the certificate must state that the building or premises and the proposed use conform to the zoning title. The building inspector then issues a final certificate of occupancy after the construction, alteration, repair, use or change in use has been completed. Section 10-17-3(C) also lets an owner or tenant request, in writing, a certificate for an existing building certifying after inspection the extent and kind of use and whether that use conforms. Where the new use is not permitted outright in the zone, the change also runs through the City's Conditional Use Permit or Variance process.

Reviewed 2026-08-15 · Source

When you need this permit

  • No land or building may be occupied or used, and no building may be changed in use, until a temporary certificate of occupancy has been issued by the City building inspector (Tombstone City Code Section 10-17-3(A))
  • The certificate must state that the building or premises, or the part of it in question, and the proposed use are in conformity with the provisions of Title 10 (Zoning Regulations) (Section 10-17-3(A))
  • The building inspector issues a final certificate of occupancy after the change in use has been completed, provided the building or premises and the proposed use conform with all requirements of the chapter (Section 10-17-3(A))
  • The building inspector may issue a temporary certificate of occupancy for a part of a building under rules and regulations established by the inspector (Section 10-17-3(B))
  • For an existing building, the owner or tenant may request a certificate of occupancy in writing; the inspector issues it after inspection, certifying the extent and kind of use and whether that use conforms to the chapter (Section 10-17-3(C))
  • The building inspector may not issue a permit for excavations for foundation or construction of any sort before the applicable certificate of occupancy has been issued (Section 10-17-3(A))
  • Where the proposed new use is not permitted by right in the zoning district, a Conditional Use Permit application must be filed (City of Tombstone Application for Conditional Use Permit); where the use cannot meet a zoning standard, a Variance application applies
  • Construction work associated with the change of use is permitted separately under Tombstone City Code Title 3, Chapter 1, which adopts the 2006 International Residential Code and 2006 International Building Code (Section 3-1-1)
  • If the property is inside the Schieffelin Historic Preservation District, exterior work associated with the change of use additionally requires a Historic Preservation Commission Certificate of Appropriateness before the building permit is approved

Required documents

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This checker covers one permit. A full project usually triggers several — our checklist will assemble all of them, free →

Fee schedule

Certificate of OccupancyThe City of Tombstone Fee Schedule effective November 14, 2025 was rendered and read in full (all three pages: Building Official, Inspections Not Included in Building Permit, Engineering Report and Plan Reviews, Planning and Zoning Application and Plan Review, and Other Fees). It contains no certificate of occupancy or change-of-use line item. Recorded as unpublished rather than guessed; confirm with the Building Department at 520-457-3415.
Not published
Conditional Use PermitCity of Tombstone Fee Schedule effective November 14, 2025, Planning and Zoning Application and Plan Review table, page 3 of 3 (read from a 200 dpi render). Applies where the proposed new use requires a conditional use approval.
$500.00
Temporary Use PermitCity of Tombstone Fee Schedule effective November 14, 2025, Planning and Zoning table, page 3 of 3 (read from render)
$250.00
VarianceCity of Tombstone Fee Schedule effective November 14, 2025, Planning and Zoning table, page 3 of 3 (read from render)
$400.00
Miscellaneous — Administrative ReviewCity of Tombstone Fee Schedule effective November 14, 2025, Planning and Zoning table, page 3 of 3 (read from render). The schedule annotates this line '(+/- depending on City Manager Discretion).'
$500.00
Building Permit Fee — by valuation (if construction accompanies the use change)City of Tombstone Fee Schedule effective November 14, 2025, 'Building Permit — Permits by Valuation' table, page 1 of 3 (read from a 200 dpi render). The schedule states valuations are calculated on price per square foot construction costs as published by the International Code Council on a bi-annual basis. Higher valuation bands continue in the same table.
$0.00 to $500.99: no fee; $501.00 to $2,000.99: $52.00 for the first $500.00 plus $4.40 for each additional $100.00 or fraction thereof; $2,001.00 to $25,000.99: $92.00 for the first $2,000.00 plus $17.6 for each additional $1,000.00 or fraction thereof
Building Plan Review — General PlanCity of Tombstone Fee Schedule effective November 14, 2025, 'Building Plan Review' table, page 1 of 3 (read from render). Includes 1st and 2nd review. Hourly plan review is $100.00 per hour.
65% of Permit Fee
Housing code compliance inspectionsCity of Tombstone Fee Schedule effective November 14, 2025, 'Inspections Not Included in Building Permit' table, page 2 of 3 (read from render)
$100.00 per dwelling unit

Review timeline

Plan review
Not published — contact the department

How long did your Change of Use / Certificate of Occupancy permit actually take in Tombstone?

Anonymous — one question, no email. Answers are combined and only shown once at least 5 people have reported.

Inspection process

  1. 1

    Certificate of Occupancy Inspection

    The building inspector inspects the building or premises before issuing the certificate; for an existing building requested under Section 10-17-3(C) the inspector certifies, after inspection, the extent and kind of use and whether that use conforms to the chapter

  2. 2

    Construction Inspections (if work is performed)

    Any construction, reconstruction, alteration or repair accompanying the change of use is inspected under the City's building permit. Re-inspections are $100.00 per hour and inspections outside normal business hours (7:00 AM–3:30 PM) are $100.00 per hour with a two-hour minimum (Fee Schedule effective 11/14/2025).

  3. 3

    Final Certificate of Occupancy

    The building inspector issues a final certificate of occupancy after the change in use has been completed, provided the building or premises and the proposed use conform with all requirements of the chapter (Section 10-17-3(A))

See the full Tombstone inspection guide — scheduling & re-inspection fees →

Tips

  • Tombstone's rule is broader than most: Section 10-17-3(A) bars occupying or using land or a building at all until a temporary certificate of occupancy has been issued — not merely when construction is involved. A tenant taking over a space for a different use needs the certificate even with no build-out.
  • The same section blocks the inspector from issuing a permit for excavations for foundation or construction of any sort before the certificate of occupancy has been issued, so the certificate is a gate at the front of the project, not just the end.
  • If you are taking over an existing building and only need to establish what the recorded use is, Section 10-17-3(C) gives you a cheaper route: a written request to the building inspector for a certificate on the existing building, which certifies after inspection the extent and kind of use and whether it conforms.
  • The City publishes no certificate of occupancy fee. Its Planning and Zoning table does publish $500.00 for a Conditional Use Permit and $400.00 for a Variance, which are the fees you will actually meet if the new use is not permitted by right in the zone.
  • Tombstone still administers the 2006 International Building Code and 2006 International Residential Code (City Code Section 3-1-1, Ord. 2007-12). Occupancy-classification arguments that assume a current IBC edition will not map cleanly onto what the Building Official is enforcing — confirm the applicable chapter before you design to it.
  • Almost the entire commercial core is inside the Schieffelin Historic Preservation District. Any exterior change tied to the new use triggers a separate Historic Preservation Commission Certificate of Appropriateness, and the HPC only meets once a month.

Frequently asked questions

Tombstone requires a change of use / certificate of occupancy permit for: No land or building may be occupied or used, and no building may be changed in use, until a temporary certificate of occupancy has been issued by the City building inspector (Tombstone City Code Section 10-17-3(A)); The certificate must state that the building or premises, or the part of it in question, and the proposed use are in conformity with the provisions of Title 10 (Zoning Regulations) (Section 10-17-3(A)); The building inspector issues a final certificate of occupancy after the change in use has been completed, provided the building or premises and the proposed use conform with all requirements of the chapter (Section 10-17-3(A)); The building inspector may issue a temporary certificate of occupancy for a part of a building under rules and regulations established by the inspector (Section 10-17-3(B)); For an existing building, the owner or tenant may request a certificate of occupancy in writing; the inspector issues it after inspection, certifying the extent and kind of use and whether that use conforms to the chapter (Section 10-17-3(C)); The building inspector may not issue a permit for excavations for foundation or construction of any sort before the applicable certificate of occupancy has been issued (Section 10-17-3(A)); Where the proposed new use is not permitted by right in the zoning district, a Conditional Use Permit application must be filed (City of Tombstone Application for Conditional Use Permit); where the use cannot meet a zoning standard, a Variance application applies; Construction work associated with the change of use is permitted separately under Tombstone City Code Title 3, Chapter 1, which adopts the 2006 International Residential Code and 2006 International Building Code (Section 3-1-1); If the property is inside the Schieffelin Historic Preservation District, exterior work associated with the change of use additionally requires a Historic Preservation Commission Certificate of Appropriateness before the building permit is approved. If your project isn't listed, confirm with City of Tombstone Building Department at 520-457-3415 before starting work.

The City of Tombstone Fee Schedule effective November 14, 2025 publishes no certificate of occupancy or change-of-use fee — all three pages were read and no such line exists. What it does publish for the zoning side of a use change is $500.00 for a Conditional Use Permit, $400.00 for a Variance, $250.00 for a Temporary Use Permit and $500.00 for a Miscellaneous Administrative Review. If construction accompanies the change, the building permit is charged from the valuation table (for example $52.00 for the first $500.00 plus $4.40 per additional $100.00 in the $501.00 to $2,000.99 band) plus a General Plan review at 65% of the permit fee. Source: City of Tombstone Fee Schedule, effective 11/14/2025.

Tombstone does not publish a plan-review timeline for this permit. Contact City of Tombstone Building Department at 520-457-3415 for current turnaround.

You'll need: Building Permit Application. Depending on your project, Tombstone may also ask for: Written Request for Certificate of Occupancy (existing building); Application for Conditional Use Permit; Variance Application; Historic Preservation Commission Certificate of Appropriateness Application. See the required-documents checklist on this page for details on each.

Tombstone requires 3 inspection(s) for a change of use / certificate of occupancy permit, in order: Certificate of Occupancy Inspection, Construction Inspections (if work is performed), Final Certificate of Occupancy. Schedule each through City of Tombstone Building Department (520-457-3415).

Apply through City of Tombstone Building Department at 611 E. Allen Street, Tombstone, AZ 85638 (City Hall: 613 E. Allen Street, Tombstone, AZ 85638). Phone: 520-457-3415, email: buildingofficial@cityoftombstoneaz.gov. Office hours: Monday - Friday, 8:00 AM - 5:00 PM (City of Tombstone Building Inspector page and Building Permit Application, Rev. 1/2024). Building Official/Inspector: Robert Hendrickson. Applications are submitted in person or by mail to the Building Department (P.O. Box 339, Tombstone, AZ 85638); the City does not appear to offer an online e-permitting portal as of this review — all forms found are static PDFs requiring paper/email submittal. Inspections are scheduled by calling 520-457-3415. Projects within the Schieffelin Historic District require Historic Preservation Commission (HPC) approval BEFORE building permit submission/approval, per the Building Permit Application's own header notice.. Official information: https://cityoftombstoneaz.gov/building-inspector/.

Yes, through its certificate of occupancy. Tombstone City Code Section 10-17-3(A) provides that no land or building may be occupied or used, and no building may be constructed, reconstructed, altered, repaired, used, located or changed in use, until a temporary certificate of occupancy has been issued by the building inspector, and that the certificate must state that the premises and the proposed use conform to the zoning title. The building inspector issues a final certificate after the change in use is complete. Source: Tombstone City Code Section 10-17-3.

Not on the City's published rule. Section 10-17-3(A) attaches the certificate requirement to occupying or using land or a building and to any change in use, not only to construction. Section 10-17-3(C) gives an owner or tenant a route for an existing building: a written request to the building inspector, who after inspection certifies the extent and kind of use of the building or premises and whether that use conforms to the chapter. Source: Tombstone City Code Section 10-17-3.

Sources & verification

Key facts verified against official sources. Last reviewed 2026-08-15.

Fees, timelines, and adopted codes are researched from each jurisdiction's published records — see how we verify. Requirements change and vary by project, so always confirm the current details with the Tombstone building department before you submit. PermitBase is an independent reference and is not affiliated with any government agency.