In the event there is a cessation of operation of any nonconforming use for a period of 12 consecutive months, there shall be a presumption that the use has been abandoned. In such event, any owner desiring to reinstate such use after the twelve-month period has elapsed, shall apply to the Land Use Board pursuant to N.J.S.A. 40:55D-70 in order to determine whether an abandonment was intended.

A nonconforming use shall be adjudged abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of a tenant or owner in such a manner as to lead to the conclusion that an abandonment was intended.

The provisions of this subsection shall refer to the actual use indicated by the form and construction of the building.