Final answer:
Curtilage is determined by considering various factors such as accessory building restrictions, building setbacks, and zoning regulations, ensuring that land-use is reasonable, non-arbitrary, and in line with public welfare.
Step-by-step explanation:
When determining if portions of a property are curtilage, several factors are considered. These include restrictions on accessory buildings, building setbacks from streets and other boundaries, the size and height of buildings, and the number of rooms.
Additionally, curtilage determination may look at the frontage of lots, minimum lot area, and requirements for front, rear, and side yards. Off-street parking regulations, the number of buildings on a lot, and the number of dwelling units in an area are also relevant factors.
Zoning regulations may further restrict areas to single-family homes, multi-family dwellings, or townhouses, and in areas of historical or cultural significance, certain features may need to be preserved. The limits on zoning regulation are also a key aspect when considering curtilage, ensuring that regulations are reasonable, non-arbitrary, and substantially related to public welfare. The legality of spot zoning, where individual parcels are zoned differently from surrounding properties, is evaluated to ensure there is a reasonable basis for any distinction made.
The concept of curtilage has been shaped by land-use regulations, zoning ordinances, and court decisions, all of which reflect the evolving balance between private property rights and public interest.