Certificate of Occupancy and Compliance

Creation of Building Site


  • No permit for the construction of a building or buildings upon any tract or plat will be issued until a building site, building tract, or building lot as been created by compliance with one of the following conditions:
    • The lot or tract is part of a plat of record, property approved by the Planning and Zoning Commission, and filed in the Plat Records of Ellis County, Texas
    • The plat or tract is all or part of the site plan officially approved by the City Council, and compliance has been made with provisions and improvements approved on such site plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land
    • The plat or tract is all or part of a site plan officially approved by the City Council, and compliance has been made with provisions and improvements approved on such site plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land

Certificate of Occupancy


A Certificate of Occupancy is required for any of the following:
  • Occupancy and use of a new residential building
  • Change in use of an existing nonresidential building
  • Occupancy and/or use of a nonresidential building hereafter erected or structurally altered
  • Any change in the occupancy of a nonconforming use
  • Change in ownership and/or name of an existing business
  • Occupancy and/or use of a lot, tract, or parcel of land without a building

No such use, or change of use, may take place until a Certificate of Occupancy has been issued by the Building Official. All required construction inspections must be completed before anything is allowed to be moved into the building.

Procedure for Occupancy of New Residential Buildings


A Certificate of Occupancy for a new residential building is issued when such building has been completed in conformity with the provisions of the Red Oak Zoning Ordinance and all required construction inspections have been passed. A certificate is issued within 10 days after final inspection is complete and all fees owed to City have been paid.

Procedure for Occupancy of an Existing Non-residential Building
Written application for a Certificate of Occupancy for a change in the use of an existing building is made to the Building Official. All required inspections for a Certificate of Occupancy are separate from any construction inspections, and are required to be successfully completed before certificate will be issued. Parking and landscaping requirements must be met. If the proposed use is in conformity with the provisions of the Red Oak Zoning Ordinance, the Certificate of Occupancy therefore is issued within 10 days after the application for same has been made provided that all requirements are met.

Procedure for Occupancy of an Existing Non-residential Building Erected or Structurally Altered
Written application for a Certificate of Occupancy and/or use of a nonresidential building hereafter erected or structurally altered is made to the Building Official. All required inspections for a Certificate of Occupancy are separate from any construction inspections, and are required to pass before certificate will be issued. Parking and landscaping requirements must be met. If the proposed use is in conformity with the provisions of the Red Oak Zoning Ordinance, the Certificate of Occupancy therefore will be issued within 10 days after the application for same has been made provided that all requirements are met.

Procedure for Any Change in the Occupancy of a Non-conforming Use


  • Written application for a Certificate of Occupancy for any change in the occupancy of a nonconforming use is made to the Building Official. All required inspections for a Certificate of Occupancy are separate from any construction inspections, and are required to pass before certificate will be issued. Any change in the use of a nonconforming use must be a proposed use and conform to the provisions of the Red Oak Zoning Ordinance, provided that a use identical to the previous use is permitted within ninety (90) days of the closing of the previous business. Parking and landscaping requirements must be met, provided that any use nonconforming use is not required to concrete any parking area.
  • If the proposed use is in conformity with the provisions of the Red Oak Zoning Ordinance, the Certificate of Occupancy therefore will be issued within 10 days after the application for same has been made provided that all requirements are met.

Procedure for Change in Ownership and/or name of an Existing Building


Written application for a Certificate of Occupancy for any change in ownership and/or name of an existing building is made to the Building Official. All required inspections for a Certificate of Occupancy are separate from any construction inspections, and a passing score is required before a certificate will be issued. Parking and landscaping requirements must be met. If the proposed use is in conformity with the provisions of the Red Oak Zoning Ordinance, the Certificate of Occupancy will be issued within 10 days after the application for same has been made.

Temporary Certificate


Pending the issuance of a regular Certificate of Occupancy, the Building Official may issue a Temporary Certificate of Occupancy for a period of time not exceeding 120 days, during the completion or alterations or during partial occupancy of a building pending its completion. A temporary certificate will be issued only for incomplete landscaping and concrete parking as otherwise provided by the building code. It is required that the cost of the total project completion be submitted to the City in the form of a written contract or quote good for 120 days, from the contractor prepared to complete work. This total amount will be escrowed to the City for completion of the project. All required inspections for a Certificate of Occupancy are separate from any construction inspections and are required to pass before a temporary certificate will be issued. Such temporary certificates are not construed as in any way altering the respective rights, duties or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by the Red Oak Zoning Ordinance.

Certificates for Non-conforming Uses


A Certificate of Occupancy is required for all lawful nonconforming uses of land or buildings created by adoption of the Red Oak Zoning Ordinance. Application for such Certificate of Occupancy for a nonconforming use must be filed with the Building Official by the owner or lessee of the building or land occupied by such nonconforming use within 1 year of the effective date of the Red Oak Zoning Ordinance or any amendment thereto which results in a nonconforming use.