Any cessation or discontinuance of a nonconforming use for a period of one year shall give rise to a rebuttable presumption that said nonconforming use has been abandoned. Such use shall not thereafter be reinstated, and any structures relating to said use shall not be reoccupied except in conformance with this chapter.

Any owner, tenant or any other person claiming an interest in the subject property contesting a finding of abandonment of a nonconforming use may appeal such determination to the Board of Adjustment pursuant to N.J.S.A. 40:55D-70a. Said appellant shall have the burden of proof in establishing the nonabandonment of the nonconforming use.