A.Â
Construction of words.
(1)Â
Words in this chapter shall be construed in accordance with their
common meaning unless their context requires a different interpretation
or unless they are otherwise defined in this chapter.
(2)Â
For the purpose of this chapter, certain terms or words herein shall
be interpreted or defined as follows:
(a)Â
Words in the present tense shall include the future tense and
the future tense shall include the present tense.
(b)Â
The singular includes the plural and the plural includes the
singular.
(c)Â
The word "person" includes a corporation, company, partnership
or association as well as an individual.
(d)Â
The word "lot" includes the word "plot" or "parcel."
(e)Â
The words "shall" and "must" are always mandatory.
(f)Â
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
(g)Â
The word "building" includes the word "structure."
B.Â
ACCESSORY BUILDING/STRUCTURE
ACCESSORY USE
ADULT ENTERTAINMENT BUSINESS
AGRICULTURAL OPERATION
ALTER
ANTENNA
AUTOMOBILE SERVICE STATION
BED-AND-BREAKFAST
BICYCLE/PEDESTRIAN TRAIL FACILITIES
BOATHOUSE, PRIVATE
BUFFER
BUILDING
BUILDING LINE
BUILDING PERMIT
BUILDING, PRINCIPAL
CARPORT
CHILD DAY CARE
CIVIC EVENT
COMMERCIAL STORAGE FACILITY
COMMUNITY FACILITY
CONTIGUOUS
CONVENIENCE STORE
CONVERSION
COTTAGE
COTTAGE COLONY
DAY-CARE CENTER
DECK
DRIVEWAY
DWELLING
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TOWNHOUSE
DWELLING, TWO-FAMILY
DWELLING UNIT
DWELLING UNIT ABOVE COMMERCIAL
EDUCATIONAL INSTITUTION
ERECT
FAMILY
FENCE, WALL, HEDGE
FOUNDATION
GARAGE, PRIVATE
HEDGE
HEIGHT
HIGH WATER MARK
HISTORIC RESOURCE
HOME OCCUPATION
HOTEL/MOTEL
JUNKYARD/SALVAGE YARD
KENNEL
LEAD AGENCY
LIBRARY
LOT
LOT AREA
LOT, CORNER
LOT, ILLEGAL
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT LINE, WATERFRONT
LOT OF RECORD
LOT OF RECORD, NONCONFORMING
LOT WIDTH
MANUFACTURED HOME
MANUFACTURED HOME PARK
MANUFACTURING OPERATION, SMALL
MARINA
MEDICAL/THERAPY FACILITY
MINING OPERATION
MOBILE HOME
MODULAR HOME
MOTOR VEHICLE, INOPERATIVE
MUNICIPAL PARK
MUSEUM
NONCONFORMING BUILDING OR STRUCTURE
NONCONFORMING USE
NOT-FOR-PROFIT ORGANIZATION
NURSING OR CONVALESCENT HOME
PARCEL
PARKING SPACE
PATIO
PROFESSIONAL OR BUSINESS OFFICE
PUBLIC UTILITY
PUBLIC UTILITY FACILITY
RECREATIONAL FACILITY
RECREATIONAL VEHICLE
REDEMPTION CENTER
RELIGIOUS USE
RESTAURANT/BAR
RETAIL/SERVICE, LARGE
RETAIL/SERVICE, SMALL
RIDGELINE
RIGHT-OF-WAY/EASEMENT
SCENIC RESOURCE
SETBACK
SETBACK, FRONT
SETBACK, SIDE
SETBACK, REAR
SHOPPING CENTER
SIGN
SIGN, DIGITAL
SIGN, OFF-PREMISES
SMALL-TOWN ATMOSPHERE
SOLAR ENERGY SYSTEM
STORAGE BUILDING, LARGE
STORAGE BUILDING, SMALL
STREET LINE
STRUCTURE
SWIMMING POOL
TELECOMMUNICATION FACILITY
TELECOMMUNICATION TOWER
THEATER (INDOOR)
TOUR BOAT LINE
TRUCKING TERMINAL
USE
USE, ACCESSORY
USE, PERMITTED
USE, PRINCIPAL
VARIANCE
VARIANCE, AREA
VARIANCE, USE
WALL/FENCE
WATER-DEPENDENT USE
WATER-ENHANCED USE
YACHT CLUB
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING PERMIT
Terms defined. When used in this chapter, unless otherwise expressly
stated, the following words and terms shall have the meanings indicated.
A building, the use of which is customarily incidental to
that of the principal building or use, which is located on the same
lot as that occupied by the principal building or use. Examples include
but are not limited to: private boathouse; carport; unattached deck;
unattached garage; patio; pump house; small storage building; large
storage building; or swimming pool.
A use customarily incidental and subordinate to the principal
use and conducted on the same lot therewith.
The raising for compensation of crops, livestock and agricultural
or dairy products, fish or game, and the structures and storage incidental
thereto. The term includes plant, crop and tree growing and harvesting,
animal husbandry, horticulture, forestry, fish for bait or harvest.
To change or rearrange any structural part of the existing
facilities of a building or structure, or to enlarge the building
or structure whether by extending any side or increasing the height
thereof, or to move the same from one location or position to another.
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include but not be limited
to radio navigation, radio, television, personal communication systems,
and microwave communications. The frequencies of these waves generally
range from 10 hertz to 300,000 megahertz.
A building where gasoline, diesel fuel, oil, lubricants,
batteries, tires and/or automotive accessories are supplied and dispensed
directly to the consumer or where repair, service, or washing is rendered.
An owner-occupied one-family dwelling used for providing
overnight accommodations and a morning meal to not more than 10 transient
lodgers containing not more than five rental bedrooms for such lodgers.
An improved path or trail that is physically separated from
motor vehicle traffic by an open space or barrier and either within
the street right-of-way or within an independent right-of-way which
is intended for pedestrian use or use by bicycle or other nonmotorized
means of transportation.
[Added 6-10-2019 by L.L.
No. 2-2019]
A building, accessory to a dwelling, containing not more
than three slips used exclusively for the noncommercial docking or
storage of motorboats, sailboats or other similar vessels.
A designated area used to screen adjoining properties.
Any structure having a roof supported by columns or by walls
which is used or intended for use for the shelter, housing, protection
or enclosure of persons, animals or tangible property. The term, unless
differentiated, includes both principal and accessory buildings.
The line parallel to a lot line; touching that part of the
building closest to the lot line.
A permit issued by the designated Town/Village of Clayton
Code Officer pursuant to the New York State Uniform Fire Prevention
and Building Code.[1]
A structure in which is conducted the main, dominant or principal
use of the lot on which such structure is located.
A roofed structure without enclosing walls used for the storage
of one or more automobiles. Considered an accessory building.
A facility duly licensed or approved by the applicable New
York State regulations for the daytime accommodation of small children
where the care is provided in a family home.
Includes any type of race, parade, art show, competition,
entertainment or community activity to which the general public is
invited, either expressly or by implication that is conducted by a
not-for-profit agency or as a fund-raiser.
A building or group of buildings that provides storage space
available for lease or rent for varying periods of time. It may contain
separate, individual, and private spaces or consist of an open area
where larger items are stored. Includes the term self-storage facility.
A building or use that is operated by a not-for-profit, service
organization or governmental unit for the general well-being, health,
safety, welfare and enjoyment of the public. Examples of such facilities
include: emergency services, libraries, hospitals, educational institutions,
religious use, and municipally owned buildings.
Two lots that share a lot line are considered to be contiguous.
A retail store that sells gasoline products and carries a
limited selection of basic items, packaged foods, drugstore items
and may provide food services.
The changing of use or occupancy of a building, structure
or land.
A small residence, with or without heating, used seasonally.
Two or more cottages used for commercial rentals.
A facility licensed or registered under Section 390 of the
NYS Social Services Law for the caring of children for more than three
hours per day per child in which child day care is provided outside
of a family home.
Any outside, uncovered, aboveground, platform six inches
or higher used as a floor. Considered an accessory building.
A means of ingress or egress to a lot or property.
A building designed or used primarily as living quarters
for one or more families. The term shall not be deemed to include
tents, travel trailers, recreational vehicles or other places of temporary
abode.
A building containing three or more dwelling units that may
include common entrances or where dwelling units are located one over
another. Other common terms used are garden apartments, apartment
building, mid-rise or high-rise dwelling.
A detached building, designed for or occupied exclusively
by one family and containing not more than one dwelling unit having
a minimum of 720 square feet of floor area at ground level exclusive
of garages, porches and other similar accessory attachments. A modular
home is considered a single-family dwelling.
Dwelling units in a row of at least three such units in which
each unit has its own front and rear access to the outside, no unit
is located over another unit, and each unit is separate from any other
unit by one or more vertical common fire-resistant walls.
A building designed for two individual families living independently
of each other.
Any building or portion thereof providing complete living
facilities for one family.
A dwelling unit located on the second or higher floor in
a structure where the street level contains a permitted commercial
use.
Any school licensed by the State of New York that provides
organized courses of study by or under the guidance of a teacher.
Considered a community facility under this chapter.
To construct, build, re-erect, reconstruct, rebuild or excavate
for a building or structure.
One or more persons living together as a single housekeeping
unit.
A freestanding, vertical barrier, typically consisting of
wood, metal, or plastic used for confinement, enclosure, partition,
privacy, protection, or screening. The components of the fence shall
be contained within the lot where the fence is located. A contiguous
row of shrubs or evergreen trees serving the purpose of a fence shall
be considered a fence.
A wall or pier having a fixed location on the ground and
capable of serving as a support for a structure or structural part
of a building, such as a wall, pier or column.
A detached accessory building or portion of a principal building
used exclusively for the noncommercial parking or storage of motor
vehicles, boats, trailers, or household goods.
A row of closely planted shrubs or low-growing trees forming
a fence or boundary.
In all zoning districts except RW-A and RW-B, the vertical
distance to the highest point of the ridgeline measured from the average
level of the finished ground surface at the exterior walls of the
building. Chimneys, elevator penthouses, ventilators and similar projection
shall not be included in the measurement providing that such projection
does not occupy more than 10% of the roof area nor exceed 10 feet
in height above the highest point of the ridgeline. In RW-A and RW-B
the vertical distance is measured from the street level.
That point on the shoreline of the St. Lawrence River or
its tributary waterways reached by the highest historically recorded
water level of said river, established by chart, datum of the U.S.
Army Corps of Engineers and determined by the sloping surface of said
River with Lake Ontario at a level of 248.58 (24C.28 + E.30) feet
above mean sea level at Father Point, Quebec (International Great
Lakes Datum, 1985).
Any historic building, structure, facility, site or district,
or prehistoric site that is listed on the State and/or National Registers
of Historic Places. Any historic building, structure, facility, site
or district, or prehistoric site that has been proposed by the New
York Board on Historic Preservation for a recommendation to the State
Historic Preservation Officer for nomination for inclusion in the
National Register of Historic Places. Any locally significant historic
resource designated pursuant to Article 5-K of the New York State
General Municipal Law.
An accessory use that is conducted entirely within a single
or two-family dwelling or an accessory building by the residents of
the dwelling.
A building or group of buildings, whether in detached or
connected units, with or without direct outside access, used primarily
to provide sleeping accommodations, with or without restaurant facilities,
for the transient public and including accessory off-street parking
facilities and/or docking.
A lot, land or structure, or portion thereof used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or other scrap or discarded material; or for the collecting, dismantling,
storage and salvaging of machinery, implements or vehicles not in
running condition; and for the sale of parts thereof. Not to include
an establishment devoted solely to receiving redeemable cans and bottles
or one for recycling electronic equipment.
Any commercial establishment, including cages, animal runs
and structures, where animals are bred and/or boarded.
The governmental agency that oversees the environmental impact
process and makes final decisions.
A room or building where a collection of books, periodicals,
tapes, audio or visual discs, or other similar devices containing
reading materials are kept for reading or reference. Considered a
community facility under this chapter.
A parcel of land used or occupied or capable of being used
or occupied by one or more building or structures and the accessory
buildings, structures or uses customarily incidental to it, including
such yards and open spaces as required by this chapter.
The total area contained within the property lines of an
individual parcel of land.
A parcel of land that adjoins multiple streets.
A lot that did not meet the minimum dimensional requirements
of the Village of Clayton Zoning Law in effect at the time of recording.
Any boundary of a lot, dividing one lot from another, or
from the street or roadway, or from the St. Lawrence River or other
waterway.
The lot line adjoining any street line or road right-of-way
line or waterfront lot line at the high water mark. Where a lot adjoins
two or more streets or roadways, it shall be deemed to have a front
lot line respectively on each. Where a lot has both water frontage
and road frontage, the waterfront lot line shall always be considered
the front lot line and the street line shall be considered the rear
lot line.
The lot line opposite to and most distant from the front
lot line.
Any lot line other than the front or rear lot lines shall
be deemed a sideline.
That line along the shoreline of waterfront property determined
by the official high water mark as established by International Great
Lakes Datum.
Any lot which has been recorded in the County Clerk's
Office.
A lot of record that was recorded in the County Clerk's
Office prior to the adoption of the Village of Clayton Zoning Law
or prior to any adopted amendments and met the minimum dimensional
requirements of the Zoning Law in effect at the time of recording.
The distance between the boundaries of a lot measured at
their points of intersection with the street or road right-of-way
line and/or at their points of intersection with the property line
along the waterfront.
A dwelling manufactured off site, consisting of one or more
sectional units and constructed to the Federal Manufactured Home Construction
and Safety Standards Act 1974, as amended, 42 U.S.C. § 5401
et seq., which went into effect on July 15, 1976.
Any lot on which two or more manufactured homes are located
regardless of whether or not a charge is made for such lot accommodations.
A use engaged in the processing, fabricating, manufacturing,
compounding, packaging, treatment, assembly or disassembly of materials
and products from processed or previously manufactured materials.
This use does not include the processing of raw materials. Some examples
include apparel, food, decorations, artificial plants, jewelry, instruments,
computers, and electronic devices. Such uses may include but not be
limited to: machine shop; welding shop; tent manufacturing; cabinet
makers; furniture making.
Any lot, building, structure, pier, dock or portion thereof
located on the waterfront providing commercial facilities for the
sale, rental, docking, secure mooring and/or storage of yachts, cruisers,
motorboats, sailboats and other vessels, as well as supplies, service,
fueling, repair and other related facilities and/or operations necessary
to maintain such craft.
Any building or group of buildings used, or intended to be
used, for the health care or therapy of individuals.
A plot of land or any portion thereof used for the purpose
of extracting quantities of stone, sand, gravel, clay or topsoil,
as defined under New York State Environmental Conservation Law, exclusive
of the process of preparing a lot prior to the construction of a building
or structure thereon or of grading the site following completion of
construction.
A dwelling manufactured off site in one section, designed
for permanent occupancy, and built prior to the Federal Manufactured
Home Construction and Safety Standards Act 1974, as amended, 42 U.S.C.
§ 5401 et seq., which went into effect on July 15, 1976.
A dwelling unit manufactured off site in accordance with
the NYS Uniform Fire Prevention and Building Code.[2]
Any motor vehicle or used parts or waste materials from motor
vehicles which, taken together, equal in bulk one or more such vehicles,
which is:
A plot of land set aside for public use owned and maintained
by a municipality.
A building, place, or institution devoted to the acquisition,
conservation, study, exhibition, and educational interpretation of
objects having scientific, historical, or artistic value.
A building or structure, the size, dimension or location
of which was lawful prior to the adoption or amendment of this chapter
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption or amendment.
A use of land or building which was lawful prior to the adoption
or amendment of this chapter which does not conform to the regulations
of the district or districts in which it is located by reasons of
such adoption or amendment.
A group of people formally chartered and organized for a
common interest. May also be termed a nonprofit organization.
A building other than a hospital where persons, except for
the mentally ill, mentally handicapped and/or drug or alcohol abuse
patients, are lodged, furnished with meals and nursing or custodial
care for payment or compensation.
That portion of land falling under a single deed of ownership.
If a parcel is dissected by a roadway, stream or other man-made or
natural feature(s), it is still deemed to be one parcel.
An off-street space available for parking of one motor vehicle.
It shall be a minimum of 10 feet wide by 20 feet long exclusive of
passageways and having direct access to a street or highway.
An uncovered area adjacent to a house for outdoor lounging,
dining or entertainment. An accessory structure.
The business place of an accountant, architect, attorney,
engineer, social worker, or surveyor or any other similar profession
or business.
Any person, firm, corporation or governmental agency, duly
authorized to furnish to the public, under governmental regulation,
electricity, gas, water, sewage treatment, steam or communication
service. This definition shall not bestow any special status or standing
not already provided by state or federal law.
Any building or structure designed and/or used to service
a public utility.
A publicly, quasi-publicly or privately owned and operated
swimming pool, defined space, tennis court, athletic field, playground
or other similar facility, operated for the general public or members
of a private organization such as a country club.
A vehicular camping unit primarily designed as temporary
living quarters for recreational, camping, travel or seasonal use
that either has its own mode of power or is mounted on or towed by
another vehicle. Recreational vehicles include, but are not limited
to, camping trailers, fifth wheel trailers, motor homes, park trailers,
travel trailers, and truck campers.
A facility used for the collection of bottles and cans returned
for redeemable deposits.
A structure primarily used for worship by a recognized religion.
Considered a community facility under this chapter.
A building or portion thereof where food and/or beverages,
whether or not alcoholic, are sold to the public.
A use where the intent is to sell goods or services to clientele
from a wide area. Such uses may include, but are not limited to: department
stores; appliance stores; furniture stores; hardware stores; new and
used motor vehicles, recreational vehicles, boats, or manufactured
homes; large farm implements, lumber and building supplies; landscape
nurseries; wholesale business; auctioneers, where auctions take place
on site; and similar-type uses.
A use engaged in selling goods or services to residents of
the immediate area in a building not exceeding 5,000 square feet.
A small retail/service use in a building exceeding 5,000 square feet
shall be classified as a large retail/service. Such uses may include,
but are not limited to: grocery stores, small implement dealers, barber
shops, beauty parlors, shoe repair, photography studio, laundromat,
drugstores, dry cleaning, mortuaries, and similar-type uses.
The intersection of two roof surfaces forming the highest
horizontal line of the roof.
An area of land dedicated to infrastructure, including but
not limited to streets, sewer lines, waterlines, electric lines and
gas lines.
Any road, highway, lane, district, or corridor designated
pursuant to Article 49 of the New York State Environmental Conservation
Law. Any area designated a scenic area of statewide significance pursuant
to New York State's Coastal Management Program (19 NYCRR 60B.5).
The Seaway Trail, Zenda Farms, and French Creek Wetlands are some
examples of scenic resources.
The horizontal distance from the curb, if no curb is present
the edge of the pavement, or the waterfront lot line to that portion
of a building, structure, or use or any appurtenance thereto, exclusive
of steps, handicap-accessible ramps, and a maximum of four-foot-by-six-foot
landing areas, that is nearest to such lot line.
The horizontal distance from the curb, or if no curb is present
the edge of the pavement or waterfront lot line, to that portion of
a building, structure, or use or any appurtenance thereto, exclusive
of steps, handicap-accessible ramps, and a maximum of four-foot-by-six-foot
landing areas, that is nearest to the curb, edge of pavement, or waterfront
lot line.
The horizontal distance from the side lot line to that portion
of a building, structure, or use or any appurtenance thereto, exclusive
of steps, handicap-accessible ramps, and a maximum of four-foot-by-six-foot
landing areas, that is nearest to such lot line.
The horizontal distance from the rear lot line to that portion
of a building, structure, or use or any appurtenance thereto, exclusive
of steps, handicap-accessible ramps, and a maximum of four-foot-by-six-foot
landing areas, that is nearest to such lot line.
A group of stores, shops and similar commercial establishments
occupying adjoining structures or adjoining portions of a single architectural
unit that is planned, developed, owned and managed as an operating
unit, together with its related loading areas, parking spaces, walkways
and access roadways.
Any display of letters, words, numerals, figures, devices,
emblems, pictures, or any parts or combinations thereof, by any means
whereby the same are made visible for the purpose of making anything
known.
A sign capable of displaying words, symbols, figures, or
images that can be electronically or mechanically changed by remote
or automatic means, including animated graphics and video.
A sign which directs attention to a business, product, commodity,
service, entertainment, or attraction sold, produced, offered or existing
elsewhere than upon the lot where the sign is located.
The ability of a group of people, in a defined area, with
varied backgrounds and social status, to coexist in harmony and with
respect for their neighbor's beliefs and desires. This would
include the respect for neighboring property and the owner's
stewardship of it.
Any solar collector or other solar energy device whose primary
purpose is to provide for the collection, storage, and distribution
of solar energy directly into electricity for on-site use. An accessory
structure.
An accessory structure of more than 140 square feet in area
that is used to house residential tools, implements and other material
for yard and garden use.
An accessory structure of 140 square feet or less in area
that is used to house residential tools, implements and other material
for yard and garden use.
The dividing line between the street or road right-of-way
and the lot. The street line shall be the same as the legal right-of-way.
Anything constructed, erected or moved onto a site, the use
of which requires location on the ground, or attachment to something
having location on the ground. The term includes buildings, dwelling
units, swimming pools, stadiums, towers, billboards, signs, fences,
freestanding antennas and flagpoles, but is not intended to include
sidewalks, driveways, curbs.
Any fabricated receptacle for water, or excavation designed
to contain water, having a depth at any point greater than two feet,
used or intended to be used for swimming or bathing, and constructed,
installed or maintained in or above ground outside any building. An
accessory structure.
Any commercial equipment used in connection with the provision
of wireless communication services, including cellular telephone service,
personal communications services, radio and television broadcast communications
and private radio communications services that are regulated by federal
laws. A telecommunication facility shall include towers and other
structures, including supporting masts and wires, on which transmitting
and/or receiving antenna(s) are located as well as antenna and accessory
facilities such as transmission equipment and storage buildings.
A structure on which transmitting and/or receiving antenna(s)
are located.
A place where plays, operas, motion pictures or the like
are presented.
A business operating a properly licensed vessel to carry
paying passengers for pleasure trips.
Any lot, building, structure or portion thereof where two
or more tractor trailers or similar large trucks are parked or located
for any period of time as a base of operation, regardless of whether
said vehicles are serviced or maintained at the site, and regardless
of whether loading, transferring or other shipping activities are
carried on at the site.
The specific purpose for which any land, building or structure
is utilized, designed, arranged, intended or occupied.
A use customarily incidental and subordinate to the principal
use and conducted on the same lot therewith.
Any use permitted under the provisions of this chapter for
the district in which the land, building or structure is located.
The main, dominant or principal purpose, for which any land,
building or structure is used, utilized, employed or occupied.
Permission granted by the Zoning Board of Appeals to depart
from the literal requirements of the zoning law.
Relief from the dimensional standards contained in this chapter.
Permission to utilize property for a use or activity not
allowed by this chapter.
A construction of wood, stone, shrubbery, or other materials
or combination thereof intended for security, screening, partitioning
or enclosure, or for the retention of earth, stone, fill or other
materials as in the case of retaining walls or bulkheads.
A business or other activity which can only be conducted
in, on, over, or adjacent to a water body because such activity requires
direct access to that water body, and which involves, as an integral
part of such activity, the use of the water.
A use or activity which does not require a location adjacent
to coastal waters, but whose location on the waterfront adds to the
public use and enjoyment of the water's edge, water-enhanced
uses are primarily recreational, cultural, retail, or entertainment
uses.
An organization for the purpose of encouraging and directing
the sport of sailing.
An unoccupied space, open to the sky, on the same lot with
a building or structure.
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the principal
building at the closest point to the front lot line. For the purpose
of this chapter the front yard of a waterfront lot shall be the yard
between the building line and waterfront lot line.
A space extending the full width of the lot between any building
and the rear lot line and measured perpendicular to the building at
the closest point to the rear lot line. For the purpose of this chapter
the rear yard of a waterfront lot shall be the yard between the building
line and the street line.
A space extending from the front yard to the rear yard between
the principal building and the side lot line and measured perpendicular
from the side lot line to the closest point to the principal building.
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Examples of waterfront property yards
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A permit issued pursuant to the regulations of this chapter
to allow a specified use or the construction and/or placement of a
building, structure or other facility.
C.Â
Interpretation. Whenever a word or term is defined to "include" certain
matter, such inclusion is intended to be by way of specification and
not of limitation.
