Change of Use / Certificate of Occupancy — Tombstone, Arizona · Requirements sheet
Reviewed 2026-08-15 · Source: https://cityoftombstoneaz.gov/building-inspector/
PermitBase is an independent reference and is not affiliated with any government agency. Requirements change and vary by project — confirm current details with the building department before you submit.
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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Fee schedule
Review timeline
Inspection process
- 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
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
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
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.
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