urbanSTL

Rice said each of the volunteers at the center undergo background checks and Robinson's background was clear. In his probable cause statement, however, Springfield Police Cpl. David Meyer cited several arrests of Robinson, including unlawful restraint, domestic battery and home invasion in 1998; unlawful restraint and sexual assault in 2000; and aggravated sexual abuse, aggravated unlawful restraint and murder in 2003.

Rice said Robinson was a volunteer supervisor of the store at night for the past three months

"...currently houses more than a dozen people"

Rice said the problem lies in the zoning. Although it's a large house that was previously zoned for multiple families, it's currently zoned as a single-family dwelling.



It's been that way for at least two years -- well before Rice purchased the property, said Nick Heatherly, director of Building Development Services.

26.08.160 Family.

Family: A person, or group of persons immediately related by blood, marriage or adoption, living as a single housekeeping unit; also a group of not more than three (3) persons not necessarily related by blood, marriage or adoption, living as a single housekeeping unit. (Ord. 62588 § 2 (part), 1992.)

26.100.010 Penalty for violations.

The owner or general agent of a building or premises where a violation of any provision of the zoning code has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part in or assists in any such violation or who maintains any building or premises, in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues, but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue or by both such fine and imprisonment in the discretion of the court. Any such person who having been served with an order to remove any such violation shall fail to comply with said order within ten (10) days after such service or shall continue to violate any provisions of the regulations made under authority of the zoning code in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00). (Ord. 59979 § 26 (part), 1986.)

Certain offenders not to reside within one thousand feet of a school or child-care facility.

566.147. 1. Any person who, since July 1, 1979, has been or hereafter has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of violating any of the provisions of this chapter or the provisions of subsection 2 of section 568.020, RSMo, incest; section 568.045, RSMo, endangering the welfare of a child in the first degree; subsection 2 of section 568.080, RSMo, use of a child in a sexual performance; section 568.090, RSMo, promoting a sexual performance by a child; section 573.023, RSMo, sexual exploitation of a minor; section 573.025, RSMo, promoting child pornography in the first degree; section 573.035, RSMo, promoting child pornography in the second degree; section 573.037, RSMo, possession of child pornography, or section 573.040, RSMo, furnishing pornographic material to minors; or for an offense in any other state or foreign country, or under federal, tribal, or military jurisdiction which, if committed in this state, would be a violation listed in this section shall not reside within one thousand feet of any public school as defined in section 160.011, RSMo, or any private school giving instruction in a grade or grades not higher than the twelfth grade, or child-care facility as defined in section 210.201, RSMo, which is in existence at the time the individual begins to reside at the location.



2. If such person has already established a residence and a public school, a private school, or child-care facility is subsequently built or placed within one thousand feet of such person's residence, then such person shall, within one week of the opening of such public school, private school, or child-care facility, notify the county sheriff where such public school, private school, or child-care facility is located that he or she is now residing within one thousand feet of such public school, private school, or child-care facility and shall provide verifiable proof to the sheriff that he or she resided there prior to the opening of such public school, private school, or child-care facility.



3. For purposes of this section, "resides" means sleeps in a residence, which may include more than one location and may be mobile or transitory.



4. Violation of the provisions of subsection 1 of this section is a class D felony except that the second or any subsequent violation is a class B felony. Violation of the provisions of subsection 2 of this section is a class A misdemeanor except that the second or subsequent violation is a class D felony.