
    Rubino and Company, Inc. v. Zoning Board of Appeals of the City of Norwalk
    King, C. J., Murphy, Shea, Alcorn and Comley, Js.
    Argued January 8
    decided April 22, 1964
    
      Robert A. Slavitt, with whom, on the brief, was Abraham, D. Slavitt, for the appellant (plaintiff).
    
      Edward J. Zamm, corporation counsel, for the appellee (defendant).
   Per Curiam.

The plaintiff seeks a certificate of approval for use as a motor vehicle junk yard of premises on which it now operates a general junk yard business as a nonconforming use in a No. 1 light industrial zone in Norwalk. In this zone, no junk yards or motor vehicle junk yards are permitted. Norwalk Zoning Ordinance, §§ 5 (37), 6 (17) (1929, as amended). A zoning board of appeals, in acting on an application for a certificate of approval of a location for a motor vehicle junk yard, must first certify that the proposed location is not within a district restricted against motor vehicle junk yards before it can consider the suitability of the location for the proposed use. General Statutes § 21-16. As the premises in the instant case are within a district restricted against motor vehicle junk yards, the zoning board of appeals could not have granted the plaintiff’s application for a certificate of approval. Petrillo v. Board of Zoning Appeals, 147 Conn. 469, 472, 162 A.2d 508.

There is no error.  